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The people of the State of California do enact as follows:
SECTION 1.
Section 56804 of the Government Code is amended to read:
56804.
For any proposal that includes a disincorporation, the executive officer shall prepare, or cause to be prepared by contract, a comprehensive fiscal analysis. This analysis shall become part of the report required pursuant to Section 56665. Data used for the analysis shall be from the most recent fiscal year for which data is available, preceding the issuances of the certificate of filing. When data requested by the executive officer in the notice to affected agencies, pursuant to paragraph (2) of subdivision (b) of Section 56658, is unavailable, the analysis shall document the source and methodology of the data used. The analysis shall review and document each of the following:
(a) The direct and indirect costs incurred by the city proposed for disincorporation for providing public services during the three fiscal years immediately preceding the submittal of the proposal for disincorporation.
(b) The direct and indirect costs incurred by the city proposed for disincorporation for current and proposed capital improvements, facilities, assets, and infrastructure.
(c) The sources of funding, if any, available to the entities proposed to assume the obligations of the city proposed for disincorporation.
(d) The anticipated costs, including all direct and indirect costs, to the entities proposed to assume the obligations of the city proposed for disincorporation in the provision of services to the area proposed for disincorporation.
(e) When determining costs, the executive officer shall also include all direct and indirect costs of any public services that are proposed to be transferred to state agencies for delivery.
(f) The revenues of the city proposed for disincorporation during the three fiscal years immediately preceding the initiation of the disincorporation proposal.
(g) All current and long-term liabilities, including, but not limited to, debt obligations, of the city proposed for disincorporation, including the balance of the restricted and unrestricted funds available to extinguish the obligations and liabilities.
(h) The potential financing mechanism or mechanisms to address any shortfalls and obligations for those responsibilities identified in this section, including, but not limited to, taxes or assessments.
(i) Any other information and analysis needed to make the findings required by Section 56770.
SEC. 2.
Section 56816 of the Government Code is amended to read:
56816.
(a) It is the intent of the Legislature that any proposal that includes the disincorporation of a city result in a determination that the debt or contractual obligations and responsibilities of the city being disincorporated shall be the responsibility of that same territory for repayment. To ascertain this information, the city shall provide a written statement that determines and certifies all of the following to the commission prior to the issuance of a certificate of filing for a disincorporation proposal, pursuant to Sections 56651 and 56658:
(1) The indebtedness of the city.
(2) The amount of money in the city’s treasury.
(3) The amount of any tax levy, assessment, or other obligation due to the city that is unpaid or has not been collected.
(4) The amount of current and future liabilities, both internal debt owed to other special or restricted funds or enterprise funds within the agency and external debt owed to other public agencies or outside lenders or that results from contractual obligations, which may include contracts for goods or services, retirement obligations, actuarially determined unfunded pension liability of all classes in a public retirement system, including any documentation related to the termination of public retirement contract provisions, and the liability for other postemployment benefits. The information required by this paragraph shall include any associated revenue stream for financing that may be or has been committed to that liability, including employee contributions.
(b) The city shall provide a written statement identifying the successor agency to the city’s former redevelopment agency, if any, pursuant to Section 34173 of the Health and Safety Code.
SEC. 3.
Section 57405 of the Government Code is amended to read:
57405.
If a tax or assessment has been levied by the disincorporated city and remains uncollected, the county tax collector shall collect it when due and pay it into the county treasury on behalf of the designated successor agency or county to wind up the affairs of the disincorporated city.
SEC. 4.
Section 57412 of the Government Code is amended to read:
57412.
The governing body of the successor shall provide for collection of debts due the city and wind up its affairs. Upon an order by the commission, the appropriate officer of the successor shall perform any act necessary for winding up the city affairs, with the same effect as if it had been performed by the proper city officer.
SEC. 5.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | (1) Existing law, the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, requires the executive officer of a local agency formation commission to prepare a comprehensive fiscal analysis for any proposal that includes a disincorporation, as specified. Existing law requires the comprehensive fiscal analysis to include, among other things, a review and documentation of specified costs associated with the proposed disincorporation.
This bill would additionally require the comprehensive fiscal analysis to include a review and documentation of all current and long-term liabilities of the city proposed for disincorporation and the potential financing mechanism or mechanisms to address any identified shortfalls and obligations, as specified.
(2) The act states the intent of the Legislature that a proposal that includes a disincorporation of a city result in a determination that the debt or contractual obligations and responsibilities of the city being disincorporated be the responsibility of the same territory for repayment. To ascertain this information, the act requires the city being disincorporated to provide a written statement that includes specified information relating to its debts and contractual obligations.
This bill would additionally require that statement to include the amount of any assessment due the city that is unpaid or uncollected.
(3) The act requires the county tax collector to collect a tax that has been levied by the disincorporated city that remains uncollected.
This bill would additionally require the county tax collector to collect an assessment that has been levied by the disincorporated city that remains uncollected. By imposing new duties on local officials, this bill would impose a state-mandated local program.
(4) The act requires the board of supervisors to provide for the collection of debts due to a city being disincorporated and to wind up its affairs, as specified.
This bill would instead require the governing board of the successor to provide for the collection of debts due to the city and to wind up its affairs, as specified.
(5) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
Section 56804 of the Government Code is amended to read:
56804.
For any proposal that includes a disincorporation, the executive officer shall prepare, or cause to be prepared by contract, a comprehensive fiscal analysis. This analysis shall become part of the report required pursuant to Section 56665. Data used for the analysis shall be from the most recent fiscal year for which data is available, preceding the issuances of the certificate of filing. When data requested by the executive officer in the notice to affected agencies, pursuant to paragraph (2) of subdivision (b) of Section 56658, is unavailable, the analysis shall document the source and methodology of the data used. The analysis shall review and document each of the following:
(a) The direct and indirect costs incurred by the city proposed for disincorporation for providing public services during the three fiscal years immediately preceding the submittal of the proposal for disincorporation.
(b) The direct and indirect costs incurred by the city proposed for disincorporation for current and proposed capital improvements, facilities, assets, and infrastructure.
(c) The sources of funding, if any, available to the entities proposed to assume the obligations of the city proposed for disincorporation.
(d) The anticipated costs, including all direct and indirect costs, to the entities proposed to assume the obligations of the city proposed for disincorporation in the provision of services to the area proposed for disincorporation.
(e) When determining costs, the executive officer shall also include all direct and indirect costs of any public services that are proposed to be transferred to state agencies for delivery.
(f) The revenues of the city proposed for disincorporation during the three fiscal years immediately preceding the initiation of the disincorporation proposal.
(g) All current and long-term liabilities, including, but not limited to, debt obligations, of the city proposed for disincorporation, including the balance of the restricted and unrestricted funds available to extinguish the obligations and liabilities.
(h) The potential financing mechanism or mechanisms to address any shortfalls and obligations for those responsibilities identified in this section, including, but not limited to, taxes or assessments.
(i) Any other information and analysis needed to make the findings required by Section 56770.
SEC. 2.
Section 56816 of the Government Code is amended to read:
56816.
(a) It is the intent of the Legislature that any proposal that includes the disincorporation of a city result in a determination that the debt or contractual obligations and responsibilities of the city being disincorporated shall be the responsibility of that same territory for repayment. To ascertain this information, the city shall provide a written statement that determines and certifies all of the following to the commission prior to the issuance of a certificate of filing for a disincorporation proposal, pursuant to Sections 56651 and 56658:
(1) The indebtedness of the city.
(2) The amount of money in the city’s treasury.
(3) The amount of any tax levy, assessment, or other obligation due to the city that is unpaid or has not been collected.
(4) The amount of current and future liabilities, both internal debt owed to other special or restricted funds or enterprise funds within the agency and external debt owed to other public agencies or outside lenders or that results from contractual obligations, which may include contracts for goods or services, retirement obligations, actuarially determined unfunded pension liability of all classes in a public retirement system, including any documentation related to the termination of public retirement contract provisions, and the liability for other postemployment benefits. The information required by this paragraph shall include any associated revenue stream for financing that may be or has been committed to that liability, including employee contributions.
(b) The city shall provide a written statement identifying the successor agency to the city’s former redevelopment agency, if any, pursuant to Section 34173 of the Health and Safety Code.
SEC. 3.
Section 57405 of the Government Code is amended to read:
57405.
If a tax or assessment has been levied by the disincorporated city and remains uncollected, the county tax collector shall collect it when due and pay it into the county treasury on behalf of the designated successor agency or county to wind up the affairs of the disincorporated city.
SEC. 4.
Section 57412 of the Government Code is amended to read:
57412.
The governing body of the successor shall provide for collection of debts due the city and wind up its affairs. Upon an order by the commission, the appropriate officer of the successor shall perform any act necessary for winding up the city affairs, with the same effect as if it had been performed by the proper city officer.
SEC. 5.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
### Summary:
<bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos> |
The people of the State of California do enact as follows:
SECTION 1.
Chapter 2.3 (commencing with Section 18890) is added to Division 8 of the Business and Professions Code, to read:
CHAPTER 2.3. Online Child Care Job Posting Services
18890.
For the purposes of this chapter, the following definitions apply:
(a) “Online child care job posting service” means any person or business that provides or offers to provide child care providers.
(b) “Background check service provider” means any person or business that provides or offers to provide background check services.
18890.2.
(a) (1) An online child care job posting service that provides online information about potential child care providers who are not required to be licensed in California shall include the following statement on its Internet Web site in California, which shall be accessible no more than one click away from the providers’ profile:
“Trustline is California’s official background check for license-exempt child care providers (i.e. babysitters and nannies) and the only authorized screening program in California with access to fingerprint records at the California Department of Justice and the Federal Bureau of Investigation and access to the California Child Abuse Central Index. The Trustline registry toll-free telephone number is 1–800–822–8490.”
(2) An online child care job posting service that provides online information in California about potential child care providers who are required to be licensed in California shall include the following statement on its Internet Web site in California, which shall be accessible no more than one click away from the providers’ profile:
“Pursuant to Section 1596.859 of the Health and Safety Code, parents have the right to receive information regarding any substantiated or inconclusive complaint about licensed child care providers. That information is public and can be acquired by visiting the California Department of Social Services’ Internet Web site at “www.ccld.ca.gov.””
(b) If the online child care job posting service provides access to a background check for the child care providers listed on its Internet Web site in California, it shall provide, by means of a one-click link on each California child care provider profile for which background checks are offered, the written description of the background check provided to it, as described in subdivision (c).
(c) Background check service providers that provide background checks for online child care job posting services in California shall provide to the online child care job posting services a written description of the background checks conducted that includes at a minimum:
(1) A detailed description of what is included in the background check.
(2) A chart that lists each county in California and the databases that are checked for each county, including the following information for each database, as applicable:
(A) The source of the data, the name of the database used, and a brief description of the data included in the database.
(B) The date range of the oldest data and the most recent data included.
(C) How often the information is updated.
(D) How the databases are checked (by name, social security number, fingerprints, etc.).
(E) A list of the counties for which no data is available.
18890.4.
(a) An online child care job posting service or background check service provider that fails to comply with the requirements of this chapter may be liable for a civil penalty of one thousand dollars ($1,000) for each offense. The Attorney General, a city attorney, or a county counsel may bring an action to impose a civil penalty pursuant to this section after doing both of the following:
(1) Providing the online job posting service or background check service provider with reasonable notice of noncompliance. The notice shall inform the online job posting service or background check service provider that it will be subject to a civil penalty if it does not correct the violation within 30 days from the date the notice is sent to the online job posting service or background check service provider.
(2) Verifying that the violation was not corrected within the 30-day period described in paragraph (1).
(b) The civil penalty shall be deposited into the General Fund if the action is brought by the Attorney General. If the action is brought by a city attorney, the civil penalty shall be paid to the treasurer of the city in which the judgment is entered. If the action is brought by a county counsel, the civil penalty shall be paid to the treasurer of the county in which the judgment is entered.
18890.6.
(a) In addition to the authority granted to the Attorney General, a city attorney, or a county counsel in Section 18890.4, an individual damaged by a willful violation of the provisions of this chapter may bring a civil cause of action against an online child care job posting service or background check service provider for damages, including, but not limited to, general damages, special damages, and punitive damages.
(b) The court in an action pursuant to this section may award equitable relief, including, but not limited to, an injunction, costs, and any other relief the court deems proper.
(c) The rights and remedies provided in this chapter are in addition to any other rights and remedies provided by law. | Existing law prohibits a person, firm, partnership, association, or corporation from operating, establishing, managing, conducting, or maintaining a child day care facility without a current valid license.
Existing law requires the Community Care Licensing Division of the State Department of Social Services to regulate child care licensees. Existing law requires the department to establish a registry of child care providers who are not required to be licensed, but who have undergone criminal background checks. These license-exempt providers are known as registered trustline child care providers. Existing law also requires a licensed child day care facility to make available to the public licensing reports and other licensing documents that pertain to a facility visit or a substantiated complaint investigation, among other licensing issues.
Existing law establishes in the State Treasury the Child Health and Safety Fund. Existing law authorizes the department to allocate these funds, upon appropriation by the Legislature, for purposes that include, among other things, technical assistance, orientation, training, and education of child day care facility providers.
This bill would require an online child care job posting service providing online information about nonlicensed potential child care providers to include a specified statement regarding the trustline registry on its Internet Web site in California. The bill would also require an online child care job posting service providing online information about licensed potential child care providers to include a statement regarding a parent’s right to specified complaint information on its Internet Web site in California. If an online child care job posting service provides access to a background check, the bill would require the service to include, on its Internet Web site in California, a written description of the background check provided by the background check service provider. The bill would make a background check service provider responsible for providing the online child care job posting service with certain information. The bill would authorize an online child care job posting service or background check service provider to be liable for a civil penalty for failing to comply with these requirements and would authorize the Attorney General, a city attorney, or a county counsel to bring such an action if certain requirements are met. The bill would also authorize an individual damaged by willful violation of these provisions to bring a civil cause of action for damages, as provided. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
Chapter 2.3 (commencing with Section 18890) is added to Division 8 of the Business and Professions Code, to read:
CHAPTER 2.3. Online Child Care Job Posting Services
18890.
For the purposes of this chapter, the following definitions apply:
(a) “Online child care job posting service” means any person or business that provides or offers to provide child care providers.
(b) “Background check service provider” means any person or business that provides or offers to provide background check services.
18890.2.
(a) (1) An online child care job posting service that provides online information about potential child care providers who are not required to be licensed in California shall include the following statement on its Internet Web site in California, which shall be accessible no more than one click away from the providers’ profile:
“Trustline is California’s official background check for license-exempt child care providers (i.e. babysitters and nannies) and the only authorized screening program in California with access to fingerprint records at the California Department of Justice and the Federal Bureau of Investigation and access to the California Child Abuse Central Index. The Trustline registry toll-free telephone number is 1–800–822–8490.”
(2) An online child care job posting service that provides online information in California about potential child care providers who are required to be licensed in California shall include the following statement on its Internet Web site in California, which shall be accessible no more than one click away from the providers’ profile:
“Pursuant to Section 1596.859 of the Health and Safety Code, parents have the right to receive information regarding any substantiated or inconclusive complaint about licensed child care providers. That information is public and can be acquired by visiting the California Department of Social Services’ Internet Web site at “www.ccld.ca.gov.””
(b) If the online child care job posting service provides access to a background check for the child care providers listed on its Internet Web site in California, it shall provide, by means of a one-click link on each California child care provider profile for which background checks are offered, the written description of the background check provided to it, as described in subdivision (c).
(c) Background check service providers that provide background checks for online child care job posting services in California shall provide to the online child care job posting services a written description of the background checks conducted that includes at a minimum:
(1) A detailed description of what is included in the background check.
(2) A chart that lists each county in California and the databases that are checked for each county, including the following information for each database, as applicable:
(A) The source of the data, the name of the database used, and a brief description of the data included in the database.
(B) The date range of the oldest data and the most recent data included.
(C) How often the information is updated.
(D) How the databases are checked (by name, social security number, fingerprints, etc.).
(E) A list of the counties for which no data is available.
18890.4.
(a) An online child care job posting service or background check service provider that fails to comply with the requirements of this chapter may be liable for a civil penalty of one thousand dollars ($1,000) for each offense. The Attorney General, a city attorney, or a county counsel may bring an action to impose a civil penalty pursuant to this section after doing both of the following:
(1) Providing the online job posting service or background check service provider with reasonable notice of noncompliance. The notice shall inform the online job posting service or background check service provider that it will be subject to a civil penalty if it does not correct the violation within 30 days from the date the notice is sent to the online job posting service or background check service provider.
(2) Verifying that the violation was not corrected within the 30-day period described in paragraph (1).
(b) The civil penalty shall be deposited into the General Fund if the action is brought by the Attorney General. If the action is brought by a city attorney, the civil penalty shall be paid to the treasurer of the city in which the judgment is entered. If the action is brought by a county counsel, the civil penalty shall be paid to the treasurer of the county in which the judgment is entered.
18890.6.
(a) In addition to the authority granted to the Attorney General, a city attorney, or a county counsel in Section 18890.4, an individual damaged by a willful violation of the provisions of this chapter may bring a civil cause of action against an online child care job posting service or background check service provider for damages, including, but not limited to, general damages, special damages, and punitive damages.
(b) The court in an action pursuant to this section may award equitable relief, including, but not limited to, an injunction, costs, and any other relief the court deems proper.
(c) The rights and remedies provided in this chapter are in addition to any other rights and remedies provided by law.
### Summary:
This bill would add Chapter 2.3 (commencing with Section 18890) to Division 8 of the Business and Professions Code, |
The people of the State of California do enact as follows:
SECTION 1.
Section 1212 of the Health and Safety Code is amended to read:
1212.
(a) Any person, firm, association, partnership, or corporation desiring a license for a clinic or a special permit for special services under the provisions of this chapter, shall file with the department a verified application on forms prescribed and furnished by the department, containing the following:
(1) Evidence satisfactory to the department that the applicant is of reputable and responsible character. If the applicant is a firm, association, partnership, trust, corporation, or other artificial or legal entity, like evidence shall be submitted as to the members, partners, trustees or shareholders, directors, and officers thereof and as to the person who is to be the administrator of, and exercise control, management, and direction of the clinic for which application is made.
(2) If the applicant is a partnership, the name and principal business address of each partner, and, if any partner is a corporation, the name and principal business address of each officer and director of the corporation and name and business address of each stockholder owning 10 percent or more of the stock thereof.
(3) If the applicant is a corporation, the name and principal business address of each officer and director of the corporation, and if the applicant is a stock corporation, the name and principal business address of each stockholder holding 10 percent or more of the applicant’s stock and, if any stockholder is a corporation, the name and principal business address of each officer and director of the corporate stockholder.
(4) Evidence satisfactory to the department of the ability of the applicant to comply with the provisions of this chapter and rules and regulations promulgated under this chapter by the department.
(5) The name and address of the clinic, and if the applicant is a professional corporation, firm, partnership, or other form of organization, evidence that the applicant has complied with the requirements of the Business and Professions Code governing the use of fictitious names by practitioners of the healing arts.
(6) The name and address of the professional licentiate responsible for the professional activities of the clinic and the licentiate’s license number and professional experience.
(7) The class of clinic to be operated, the character and scope of advice and treatment to be provided, and a complete description of the building, its location, facilities, equipment, apparatus, and appliances to be furnished and used in the operation of the clinic.
(8) Sufficient operational data to allow the department to determine the class of clinic that the applicant proposes to operate and the initial license fee to be charged.
(9) Any other information as may be required by the department for the proper administration and enforcement of this chapter, including, but not limited to, evidence that the clinic has a written policy relating to the dissemination of the following information to patients:
(A) A summary of current state laws requiring child passenger restraint systems to be used when transporting children in motor vehicles.
(B) A listing of child passenger restraint system programs located within the county, as required by Section 27360 or 27362 of the Vehicle Code.
(C) Information describing the risks of death or serious injury associated with the failure to utilize a child passenger restraint system.
(b) (1) No application is required if a licensed primary care clinic adds a service that is not a special service, as defined in Section 1203, or any regulation adopted under that section, or remodels or modifies, or adds an additional physical plant maintained and operated on separate premises to, an existing primary care clinic site. However, the clinic shall notify the department, in writing, of the change in service or physical plant no less than 60 days prior to adding the service or remodeling or modifying, or adding an additional physical plant maintained and operated on a separate premises to, an existing primary care clinic site. Nothing in this subdivision shall be construed to limit the authority of the department to conduct an inspection at any time pursuant to Section 1227, in order to ensure compliance with, or to prevent a violation of, this chapter, or any regulation adopted under this chapter.
(2) If applicable city, county, or state law obligates the primary care clinic to obtain a building permit with respect to the remodeling or modification to be performed by the clinic, or the construction of a new physical plant, the primary care clinic shall provide a signed certification or statement as described in Section 1226.3 to the department within 60 days following completion of the remodeling, modification, or construction project covered by the building permit.
(c) In the course of fulfilling its obligations under Section 1221.09, the department shall ensure that any application form utilized by a primary care clinic, requiring information of the type specified in paragraph (1), (4), (8), or (9) of subdivision (a), is consistent with the requirements of Section 1225, including the requirement that rules and regulations for primary care clinics be separate and distinct from the rules and regulations for specialty clinics. Nothing in this section shall be construed to require the department to issue a separate application form for primary care clinics.
(d) (1) The department, upon written notification by a primary care clinic or an affiliate clinic of its intent to add an additional physical plant maintained and operated on separate premises, as described in paragraph (1) of subdivision (b) and upon payment of a licensing fee for each additional physical plant added, shall review the information provided in the notification, and if the information submitted is in compliance with the requirements specified in this subdivision, the department shall approve the additional physical plant within 30 days of all information being submitted and shall amend the primary care clinic or affiliate clinic’s license to include the additional physical plant as part of a single consolidated license. If the notification does not include the information required by this subdivision, the department shall notify the licensee of the need for additional information and shall not amend the license to add the additional physical plant until the additional information is received and reviewed by the department.
(2) Written notification shall include evidence that the primary care clinic or affiliate clinic is licensed in good standing and otherwise meets the criteria specified in this subdivision. In issuing the single consolidated license, the department shall specify the location of each physical plant.
(3) The written notification shall demonstrate compliance with all of the following criteria:
(A) There is a single governing body for all the facilities maintained and operated by the licensee.
(B) There is a single administration for all the facilities maintained and operated by the licensee.
(C) There is a single medical director for all the facilities maintained and operated by the licensee, with a single set of bylaws, rules, and regulations.
(D) The additional physical plant meets minimum construction standards of adequacy and safety for clinics found in the most recent version of the California Building Standards Code and prescribed by the Office of Statewide Health Planning and Development, as required in subdivision (b) of Section 1226. Compliance with the minimum construction standards of adequacy and safety may be established as specified in Section 1226.3.
(E) The additional physical plant meets fire clearance standards.
(4) The written notification required to be submitted pursuant to this subdivision shall include all of the following documentation:
(A) The name and address of the licensee’s corporation administrative office, including the name and contact information for the corporation’s chief executive officer or executive director.
(B) The name and address of, and the hours of operation and services provided by, the additional physical plant.
(C) A copy of any document confirming the corporation’s authority to control the additional physical plant. Examples of acceptable documentation include, but shall not be limited to, a lease or purchase agreement, grant deed, bill of sale, sublease, rental agreement, or memorandum of understanding between the owner of the property and the proposed licensee.
(5) A primary care clinic or an affiliate clinic may add additional physical plants pursuant to this section that are no more than one-half mile from the licensed clinic adding the additional physical plant under a consolidated license.
(6) Upon renewal of a consolidated license approved pursuant to this subdivision, a licensee fee shall be required for each additional physical plant approved on the license.
SEC. 2.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. | Under existing law, the State Department of Public Health licenses and regulates primary care clinics, as defined. A violation of those provisions is a crime under existing law. Existing law authorizes a clinic corporation, on behalf of a primary care clinic that has held a valid, unrevoked, and unsuspended license for at least the immediately preceding 5 years, with no demonstrated history of repeated or uncorrected violations of specified provisions that pose immediate jeopardy to a patient, and that has no pending action to suspend or revoke its license, to file an affiliate clinic application to establish a primary care clinic at an additional site. Existing law provides that no application for licensure is required if a licensed primary care clinic adds a service that is not a special service, as defined, or remodels or modifies an existing primary care clinic site, but requires the clinic to notify the department of these events, as specified.
This bill would, among other things, expand that exception from licensure, and that notice requirement, to include a licensed primary care clinic or affiliate clinic that adds an additional physical plant maintained and operated on separate premises. The bill would require the department, upon written notification by a primary care clinic or affiliate clinic of its intent to add an additional physical plant maintained and operated on separate premises and upon payment of a licensing fee for each additional physical plant added, to review the information provided in the notification, and if the information submitted is in compliance with specified requirements, require the department to approve the additional physical plant within 30 days of all information being submitted, and to amend the primary care clinic or affiliate clinic’s license to include the additional physical plant as part of a single consolidated license. Because the bill would create a new crime, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
Section 1212 of the Health and Safety Code is amended to read:
1212.
(a) Any person, firm, association, partnership, or corporation desiring a license for a clinic or a special permit for special services under the provisions of this chapter, shall file with the department a verified application on forms prescribed and furnished by the department, containing the following:
(1) Evidence satisfactory to the department that the applicant is of reputable and responsible character. If the applicant is a firm, association, partnership, trust, corporation, or other artificial or legal entity, like evidence shall be submitted as to the members, partners, trustees or shareholders, directors, and officers thereof and as to the person who is to be the administrator of, and exercise control, management, and direction of the clinic for which application is made.
(2) If the applicant is a partnership, the name and principal business address of each partner, and, if any partner is a corporation, the name and principal business address of each officer and director of the corporation and name and business address of each stockholder owning 10 percent or more of the stock thereof.
(3) If the applicant is a corporation, the name and principal business address of each officer and director of the corporation, and if the applicant is a stock corporation, the name and principal business address of each stockholder holding 10 percent or more of the applicant’s stock and, if any stockholder is a corporation, the name and principal business address of each officer and director of the corporate stockholder.
(4) Evidence satisfactory to the department of the ability of the applicant to comply with the provisions of this chapter and rules and regulations promulgated under this chapter by the department.
(5) The name and address of the clinic, and if the applicant is a professional corporation, firm, partnership, or other form of organization, evidence that the applicant has complied with the requirements of the Business and Professions Code governing the use of fictitious names by practitioners of the healing arts.
(6) The name and address of the professional licentiate responsible for the professional activities of the clinic and the licentiate’s license number and professional experience.
(7) The class of clinic to be operated, the character and scope of advice and treatment to be provided, and a complete description of the building, its location, facilities, equipment, apparatus, and appliances to be furnished and used in the operation of the clinic.
(8) Sufficient operational data to allow the department to determine the class of clinic that the applicant proposes to operate and the initial license fee to be charged.
(9) Any other information as may be required by the department for the proper administration and enforcement of this chapter, including, but not limited to, evidence that the clinic has a written policy relating to the dissemination of the following information to patients:
(A) A summary of current state laws requiring child passenger restraint systems to be used when transporting children in motor vehicles.
(B) A listing of child passenger restraint system programs located within the county, as required by Section 27360 or 27362 of the Vehicle Code.
(C) Information describing the risks of death or serious injury associated with the failure to utilize a child passenger restraint system.
(b) (1) No application is required if a licensed primary care clinic adds a service that is not a special service, as defined in Section 1203, or any regulation adopted under that section, or remodels or modifies, or adds an additional physical plant maintained and operated on separate premises to, an existing primary care clinic site. However, the clinic shall notify the department, in writing, of the change in service or physical plant no less than 60 days prior to adding the service or remodeling or modifying, or adding an additional physical plant maintained and operated on a separate premises to, an existing primary care clinic site. Nothing in this subdivision shall be construed to limit the authority of the department to conduct an inspection at any time pursuant to Section 1227, in order to ensure compliance with, or to prevent a violation of, this chapter, or any regulation adopted under this chapter.
(2) If applicable city, county, or state law obligates the primary care clinic to obtain a building permit with respect to the remodeling or modification to be performed by the clinic, or the construction of a new physical plant, the primary care clinic shall provide a signed certification or statement as described in Section 1226.3 to the department within 60 days following completion of the remodeling, modification, or construction project covered by the building permit.
(c) In the course of fulfilling its obligations under Section 1221.09, the department shall ensure that any application form utilized by a primary care clinic, requiring information of the type specified in paragraph (1), (4), (8), or (9) of subdivision (a), is consistent with the requirements of Section 1225, including the requirement that rules and regulations for primary care clinics be separate and distinct from the rules and regulations for specialty clinics. Nothing in this section shall be construed to require the department to issue a separate application form for primary care clinics.
(d) (1) The department, upon written notification by a primary care clinic or an affiliate clinic of its intent to add an additional physical plant maintained and operated on separate premises, as described in paragraph (1) of subdivision (b) and upon payment of a licensing fee for each additional physical plant added, shall review the information provided in the notification, and if the information submitted is in compliance with the requirements specified in this subdivision, the department shall approve the additional physical plant within 30 days of all information being submitted and shall amend the primary care clinic or affiliate clinic’s license to include the additional physical plant as part of a single consolidated license. If the notification does not include the information required by this subdivision, the department shall notify the licensee of the need for additional information and shall not amend the license to add the additional physical plant until the additional information is received and reviewed by the department.
(2) Written notification shall include evidence that the primary care clinic or affiliate clinic is licensed in good standing and otherwise meets the criteria specified in this subdivision. In issuing the single consolidated license, the department shall specify the location of each physical plant.
(3) The written notification shall demonstrate compliance with all of the following criteria:
(A) There is a single governing body for all the facilities maintained and operated by the licensee.
(B) There is a single administration for all the facilities maintained and operated by the licensee.
(C) There is a single medical director for all the facilities maintained and operated by the licensee, with a single set of bylaws, rules, and regulations.
(D) The additional physical plant meets minimum construction standards of adequacy and safety for clinics found in the most recent version of the California Building Standards Code and prescribed by the Office of Statewide Health Planning and Development, as required in subdivision (b) of Section 1226. Compliance with the minimum construction standards of adequacy and safety may be established as specified in Section 1226.3.
(E) The additional physical plant meets fire clearance standards.
(4) The written notification required to be submitted pursuant to this subdivision shall include all of the following documentation:
(A) The name and address of the licensee’s corporation administrative office, including the name and contact information for the corporation’s chief executive officer or executive director.
(B) The name and address of, and the hours of operation and services provided by, the additional physical plant.
(C) A copy of any document confirming the corporation’s authority to control the additional physical plant. Examples of acceptable documentation include, but shall not be limited to, a lease or purchase agreement, grant deed, bill of sale, sublease, rental agreement, or memorandum of understanding between the owner of the property and the proposed licensee.
(5) A primary care clinic or an affiliate clinic may add additional physical plants pursuant to this section that are no more than one-half mile from the licensed clinic adding the additional physical plant under a consolidated license.
(6) Upon renewal of a consolidated license approved pursuant to this subdivision, a licensee fee shall be required for each additional physical plant approved on the license.
SEC. 2.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
### Summary:
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The people of the State of California do enact as follows:
SECTION 1.
Section 18904.25 of the Welfare and Institutions Code is amended to read:
18904.25.
(a) Pursuant to the federal Stewart B. McKinney Homeless Assistance Act (Public Law 100-77), the department shall develop CalFresh information on expedited services targeted to the homeless population, including unaccompanied homeless children and youths, as those terms are defined in Section 11434a of Title 42 of the United States Code. The department shall also develop information on expedited services specified in Section 18914.5 for victims of domestic violence. This information shall be made available to homeless shelters, domestic violence shelters, emergency food programs, local educational agency liaisons for homeless children and youths, designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code, and other community agencies who provide services to people who are homeless.
(b) Each county human services agency shall annually offer training on CalFresh application procedures to homeless shelter operators. That training shall include eligibility criteria and specific information regarding the eligibility of unaccompanied homeless children and youths. In addition, each county human services agency, upon request, shall provide homeless shelters and domestic violence shelters with a supply of that portion of the CalFresh application used to request CalFresh expedited service.
(c) Upon receipt of a signed CalFresh application from an unaccompanied child or youth under 18 years of age, the county human services agency shall determine eligibility for CalFresh benefits, including making a determination of whether the child or youth is eligible to apply as a household of one or if he or she must apply with members of a household with whom he or she is regularly purchasing and preparing foods, and screen the application for entitlement to expedited service pursuant to Section 18914. If the application of the child or youth for CalFresh benefits is denied, the county human services agency shall provide the child or youth a written notice explaining the reason for the denial.
SEC. 2.
Section 18914.5 is added to the Welfare and Institutions Code, to read:
18914.5.
(a) To the extent permitted by federal law, regulations, waivers, and directives, a resident of, or an individual on a waiting list to get into, a shelter for battered women and children who is currently included in a certified household that also contains the abuser, may apply for and, if otherwise eligible, shall be entitled to expedited services of an additional allotment of CalFresh benefits as a separate household.
(b) For purposes of this section, “shelter for battered women and children” has the same meaning as provided in Section 271.2 of Title 7 of the Code of Federal Regulations.
SEC. 3.
Section 18926.5 of the Welfare and Institutions Code is amended to read:
18926.5.
(a) For the purposes of this chapter, “CalFresh Employment and Training program” or “CalFresh E&T” means the program established under Section 6(d)(4)(B) of the federal Food and Nutrition Act of 2008 (7 U.S.C. Sec. 2015), Section 273.7 of Title 7 of the Code of Federal Regulations, and associated administrative notices published by the United States Department of Agriculture with the purpose of assisting members of CalFresh households in gaining skills, training, work, or experience that will increase their ability to obtain regular employment.
(b) (1) A county that elects to participate in the CalFresh Employment and Training (CalFresh E&T) program, as authorized by the federal Food and Nutrition Act of 2008 (7 U.S.C. Sec. 2015), shall screen CalFresh work registrants to determine whether they will participate in, or be deferred from, CalFresh E&T. If deferred, a CalFresh work registrant may request to enroll in CalFresh E&T as a voluntary participant. An individual shall be deferred from a mandatory placement in CalFresh E&T if he or she satisfies any of the criteria in Sections 273.7 and 273.24 of Title 7 of the Code of Federal Regulations, if he or she resides in a federally determined work surplus area, if he or she is a veteran who has been honorably discharged from the United States Armed Forces, or if he or she is a victim of domestic violence.
(2) For purposes of this section, “deferred” has the same meaning as exempt.
(c) (1) A county participating in CalFresh E&T shall be required to demonstrate in its CalFresh E&T plan how it is effectively using CalFresh E&T funds for each of the components that the county offers, including, but not limited to, any of the following:
(A) Self-initiated workfare.
(B) Work experience or training.
(C) Education.
(D) Job search.
(E) The support services or client reimbursements needed to participate in subparagraphs (A) to (D), inclusive, as allowed by federal law and guidance.
(2) Nothing in this section shall be construed to require a county to offer a particular component as a part of its CalFresh E&T plan.
(d) Nothing in this section shall limit a county’s ability to condition the receipt of nonmedical benefits under Section 17000 on an individual’s participation in an employment and training or workfare program of the county’s choice, even if that program is financed in whole or in part with CalFresh E&T funds or match funds.
(e) Nothing in this section shall restrict the use of federal funds for the financing of CalFresh E&T programs.
(f) Nothing in this section shall be construed to require a county to provide for workers’ compensation coverage for a CalFresh E&T participant. Notwithstanding Division 4 (commencing with Section 3200) of the Labor Code, a CalFresh E&T participant shall not be an employee for the purposes of workers’ compensation coverage, and a county shall have no duty to provide workers’ compensation coverage for a CalFresh E&T participant.
(g) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement this section by all-county letters or similar instructions. Thereafter, the department shall adopt regulations to implement this section by October 1, 2013.
SEC. 4.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | Existing federal law provides for the federal Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, formerly the Food Stamp Program, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. Existing federal law authorizes a resident of a shelter for battered women and children, as defined, who is currently included in a certified household that also contains the abuser, to apply and, if otherwise eligible, receive an additional allotment of benefits as a separate household. Existing federal law requires a county human services agency to provide CalFresh expedited services to certain households.
This bill would, to the extent permitted by federal law, regulations, waivers, and directives, authorize a resident of, or an individual on a waiting list to get into, a shelter for battered women and children who is currently included in a certified household that also contains the abuser, to apply for, and, if otherwise eligible, would provide that the resident or individual is entitled to, expedited services of an additional allotment of CalFresh benefits as a separate household. By imposing additional duties on local officials, this bill would impose a state-mandated local program.
Existing law requires the State Department of Social Services to develop and make available to homeless shelters, among other locations, CalFresh information on expedited services targeted to the homeless population. Existing law requires each county welfare department, upon request, to provide homeless shelters with a supply of CalFresh applications used to request expedited CalFresh services, as specified.
This bill would additionally require the department to develop and make available to domestic violence shelters CalFresh information on expedited services targeted to victims of domestic violence. The bill would also require a county human services agency, upon request, to provide domestic violence shelters with a supply of CalFresh applications used to request expedited CalFresh services, as specified. By imposing additional duties on local officials, this bill would impose a state-mandated local program.
Existing law authorizes counties to participate in the CalFresh Employment and Training program (CalFresh E&T), established by federal law, and requires participating counties to screen CalFresh work registrants to determine whether they will participate in, or be deferred from, CalFresh E&T. Existing law defers from mandatory placement in CalFresh E&T specified individuals, including an individual who is a veteran who has been honorably discharged from the United States Army.
This bill would additionally defer from mandatory placement in CalFresh E&T, an individual who is a victim of domestic violence.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. | <bos>
### Instruction:
Summary this text
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The people of the State of California do enact as follows:
SECTION 1.
Section 18904.25 of the Welfare and Institutions Code is amended to read:
18904.25.
(a) Pursuant to the federal Stewart B. McKinney Homeless Assistance Act (Public Law 100-77), the department shall develop CalFresh information on expedited services targeted to the homeless population, including unaccompanied homeless children and youths, as those terms are defined in Section 11434a of Title 42 of the United States Code. The department shall also develop information on expedited services specified in Section 18914.5 for victims of domestic violence. This information shall be made available to homeless shelters, domestic violence shelters, emergency food programs, local educational agency liaisons for homeless children and youths, designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code, and other community agencies who provide services to people who are homeless.
(b) Each county human services agency shall annually offer training on CalFresh application procedures to homeless shelter operators. That training shall include eligibility criteria and specific information regarding the eligibility of unaccompanied homeless children and youths. In addition, each county human services agency, upon request, shall provide homeless shelters and domestic violence shelters with a supply of that portion of the CalFresh application used to request CalFresh expedited service.
(c) Upon receipt of a signed CalFresh application from an unaccompanied child or youth under 18 years of age, the county human services agency shall determine eligibility for CalFresh benefits, including making a determination of whether the child or youth is eligible to apply as a household of one or if he or she must apply with members of a household with whom he or she is regularly purchasing and preparing foods, and screen the application for entitlement to expedited service pursuant to Section 18914. If the application of the child or youth for CalFresh benefits is denied, the county human services agency shall provide the child or youth a written notice explaining the reason for the denial.
SEC. 2.
Section 18914.5 is added to the Welfare and Institutions Code, to read:
18914.5.
(a) To the extent permitted by federal law, regulations, waivers, and directives, a resident of, or an individual on a waiting list to get into, a shelter for battered women and children who is currently included in a certified household that also contains the abuser, may apply for and, if otherwise eligible, shall be entitled to expedited services of an additional allotment of CalFresh benefits as a separate household.
(b) For purposes of this section, “shelter for battered women and children” has the same meaning as provided in Section 271.2 of Title 7 of the Code of Federal Regulations.
SEC. 3.
Section 18926.5 of the Welfare and Institutions Code is amended to read:
18926.5.
(a) For the purposes of this chapter, “CalFresh Employment and Training program” or “CalFresh E&T” means the program established under Section 6(d)(4)(B) of the federal Food and Nutrition Act of 2008 (7 U.S.C. Sec. 2015), Section 273.7 of Title 7 of the Code of Federal Regulations, and associated administrative notices published by the United States Department of Agriculture with the purpose of assisting members of CalFresh households in gaining skills, training, work, or experience that will increase their ability to obtain regular employment.
(b) (1) A county that elects to participate in the CalFresh Employment and Training (CalFresh E&T) program, as authorized by the federal Food and Nutrition Act of 2008 (7 U.S.C. Sec. 2015), shall screen CalFresh work registrants to determine whether they will participate in, or be deferred from, CalFresh E&T. If deferred, a CalFresh work registrant may request to enroll in CalFresh E&T as a voluntary participant. An individual shall be deferred from a mandatory placement in CalFresh E&T if he or she satisfies any of the criteria in Sections 273.7 and 273.24 of Title 7 of the Code of Federal Regulations, if he or she resides in a federally determined work surplus area, if he or she is a veteran who has been honorably discharged from the United States Armed Forces, or if he or she is a victim of domestic violence.
(2) For purposes of this section, “deferred” has the same meaning as exempt.
(c) (1) A county participating in CalFresh E&T shall be required to demonstrate in its CalFresh E&T plan how it is effectively using CalFresh E&T funds for each of the components that the county offers, including, but not limited to, any of the following:
(A) Self-initiated workfare.
(B) Work experience or training.
(C) Education.
(D) Job search.
(E) The support services or client reimbursements needed to participate in subparagraphs (A) to (D), inclusive, as allowed by federal law and guidance.
(2) Nothing in this section shall be construed to require a county to offer a particular component as a part of its CalFresh E&T plan.
(d) Nothing in this section shall limit a county’s ability to condition the receipt of nonmedical benefits under Section 17000 on an individual’s participation in an employment and training or workfare program of the county’s choice, even if that program is financed in whole or in part with CalFresh E&T funds or match funds.
(e) Nothing in this section shall restrict the use of federal funds for the financing of CalFresh E&T programs.
(f) Nothing in this section shall be construed to require a county to provide for workers’ compensation coverage for a CalFresh E&T participant. Notwithstanding Division 4 (commencing with Section 3200) of the Labor Code, a CalFresh E&T participant shall not be an employee for the purposes of workers’ compensation coverage, and a county shall have no duty to provide workers’ compensation coverage for a CalFresh E&T participant.
(g) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement this section by all-county letters or similar instructions. Thereafter, the department shall adopt regulations to implement this section by October 1, 2013.
SEC. 4.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
### Summary:
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The people of the State of California do enact as follows:
SECTION 1.
Section 21608.5 of the Business and Professions Code is amended to read:
21608.5.
(a) A junk dealer or recycler in this state shall not provide payment for nonferrous material unless, in addition to meeting the written record requirements of Sections 21605 and 21606, all of the following requirements are met:
(1) The payment for the material is made by cash or check. The check may be mailed to the seller at the address provided pursuant to paragraph (3) or the cash or check may be collected by the seller from the junk dealer or recycler on or after the third business day after the date of sale.
(2) At the time of sale, the junk dealer or recycler obtains a clear photograph or video of the seller.
(3) (A) Except as provided in subparagraph (B), the junk dealer or recycler obtains a copy of the valid driver’s license of the seller containing a photograph and an address of the seller, a copy of a state or federal government-issued identification card containing a photograph and an address of the seller, a passport from any other country in addition to another item of identification bearing an address of the seller, or a Matricula Consular in addition to another item of identification bearing an address of the seller.
(B) If the seller prefers to have the check for the material mailed to an alternative address, other than a post office box, the junk dealer or recycler shall obtain a copy of a driver’s license or identification card described in subparagraph (A), and a gas or electric utility bill addressed to the seller at that alternative address with a payment due date no more than two months prior to the date of sale. For purposes of this paragraph, “alternative address” means an address that is different from the address appearing on the seller’s driver’s license or identification card.
(4) The junk dealer or recycler obtains a clear photograph or video of the nonferrous material being purchased.
(5) The junk dealer or recycler shall preserve the information obtained pursuant to this subdivision for a period of two years after the date of sale.
(6) (A) The junk dealer or recycler obtains a thumbprint of the seller, as prescribed by the Department of Justice. The junk dealer or recycler shall keep this thumbprint with the information obtained under this subdivision and shall preserve the thumbprint in either hardcopy or electronic format for a period of two years after the date of sale.
(B) Inspection or seizure of the thumbprint shall only be performed by a peace officer acting within the scope of his or her authority in response to a criminal search warrant signed by a magistrate and served on the junk dealer or recycler by the peace officer. Probable cause for the issuance of that warrant must be based upon a theft specifically involving the transaction for which the thumbprint was given.
(b) Paragraph (1) of subdivision (a) shall not apply if any of the following conditions are met:
(1) During any three-month period commencing on or after the effective date of this section, the junk dealer or recycler completes five or more separate transactions per month, on five or more separate days per month, with the seller and, in order for paragraph (1) of subdivision (a) to continue to be inapplicable, the seller must continue to complete five or more separate transactions per month with the junk dealer or recycler.
(2) The junk dealer or recycler carries a surety bond in the minimum amount of one hundred thousand dollars ($100,000), covering the business entity at large, including all locations, which shall be maintained exclusively to cover the cost of loss to the verifiable owner of stolen scrap metal proved to be purchased by the junk dealer or recycler, as well as to cover the cost to local law enforcement relating to its investigation of the alleged theft of the specific material in question. The recoverable cost of loss to the verifiable owner of the stolen scrap metal shall be the damages as prescribed by Sections 3333, 3336, and 3336.5 of the Civil Code. The reimbursement for the value of stolen scrap metal hereunder shall in no way be treated under law as an admission of culpability by the junk dealer or recycler to any criminal activity involved in the alleged theft of the scrap metal.
(c) This section shall not apply if, on the date of sale, the junk dealer or recycler has on file or receives all of the following information:
(1) The name, physical business address, and business telephone number of the seller’s business.
(2) The business license number or tax identification number of the seller’s business.
(3) A copy of the valid driver’s license of the person delivering the nonferrous material on behalf of the seller to the junk dealer or the recycler.
(d) (1) This section shall not apply to the purchase of nonferrous material having a value of not more than twenty dollars ($20) in a single transaction, when the majority of the transaction is for the redemption of beverage containers under the California Beverage Container Recycling and Litter Reduction Act, as set forth in Division 12.1 (commencing with Section 14500) of the Public Resources Code.
(2) Materials made of copper or copper alloys shall not be purchased under this subdivision.
(e) This section shall not apply to coin dealers or to automobile dismantlers, as defined in Section 220 of the Vehicle Code.
(f) For the purposes of this section, “nonferrous material” means copper, copper alloys, stainless steel, or aluminum, but does not include beverage containers, as defined in Section 14505 of the Public Resources Code, that are subject to a redemption payment pursuant to Section 14560 of the Public Resources Code.
(g) This section is intended to occupy the entire field of law related to junk dealer or recycler transactions involving nonferrous material. However, a city or county ordinance, or a city and county ordinance, relating to the subject matter of this section is not in conflict with this section if the ordinance is passed by a two-thirds vote and it can be demonstrated by clear and convincing evidence that the ordinance is both necessary and addresses a unique problem within and specific to the jurisdiction of the ordinance that cannot effectively be addressed under this section.
(h) (1) On or before June 1, 2019, the California Research Bureau shall provide a report to the Legislature on the impact of paragraph (2) of subdivision (b) on efforts to reduce and eliminate metal theft.
(2) The report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.
(i) This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
SEC. 2.
Section 21608.5 is added to the Business and Professions Code, to read:
21608.5.
(a) A junk dealer or recycler in this state shall not provide payment for nonferrous material unless, in addition to meeting the written record requirements of Sections 21605 and 21606, all of the following requirements are met:
(1) The payment for the material is made by cash or check. The check may be mailed to the seller at the address provided pursuant to paragraph (3) or the cash or check may be collected by the seller from the junk dealer or recycler on or after the third business day after the date of sale.
(2) At the time of sale, the junk dealer or recycler obtains a clear photograph or video of the seller.
(3) (A) Except as provided in subparagraph (B), the junk dealer or recycler obtains a copy of the valid driver’s license of the seller containing a photograph and an address of the seller, a copy of a state or federal government-issued identification card containing a photograph and an address of the seller, a passport from any other country in addition to another item of identification bearing an address of the seller, or a Matricula Consular in addition to another item of identification bearing an address of the seller.
(B) If the seller prefers to have the check for the material mailed to an alternative address, other than a post office box, the junk dealer or recycler shall obtain a copy of a driver’s license or identification card described in subparagraph (A), and a gas or electric utility bill addressed to the seller at that alternative address with a payment due date no more than two months prior to the date of sale. For purposes of this paragraph, “alternative address” means an address that is different from the address appearing on the seller’s driver’s license or identification card.
(4) The junk dealer or recycler obtains a clear photograph or video of the nonferrous material being purchased.
(5) The junk dealer or recycler shall preserve the information obtained pursuant to this subdivision for a period of two years after the date of sale.
(6) (A) The junk dealer or recycler obtains a thumbprint of the seller, as prescribed by the Department of Justice. The junk dealer or recycler shall keep this thumbprint with the information obtained under this subdivision and shall preserve the thumbprint in either hardcopy or electronic format for a period of two years after the date of sale.
(B) Inspection or seizure of the thumbprint shall only be performed by a peace officer acting within the scope of his or her authority in response to a criminal search warrant signed by a magistrate and served on the junk dealer or recycler by the peace officer. Probable cause for the issuance of that warrant must be based upon a theft specifically involving the transaction for which the thumbprint was given.
(b) Paragraph (1) of subdivision (a) shall not apply if, during any three-month period commencing on or after the effective date of this section, the junk dealer or recycler completes five or more separate transactions per month, on five or more separate days per month, with the seller and, in order for paragraph (1) of subdivision (a) to continue to be inapplicable, the seller must continue to complete five or more separate transactions per month with the junk dealer or recycler.
(c) This section shall not apply if, on the date of sale, the junk dealer or recycler has on file or receives all of the following information:
(1) The name, physical business address, and business telephone number of the seller’s business.
(2) The business license number or tax identification number of the seller’s business.
(3) A copy of the valid driver’s license of the person delivering the nonferrous material on behalf of the seller to the junk dealer or the recycler.
(d) (1) This section shall not apply to the purchase of nonferrous material having a value of not more than twenty dollars ($20) in a single transaction, when the majority of the transaction is for the redemption of beverage containers under the California Beverage Container Recycling and Litter Reduction Act, as set forth in Division 12.1 (commencing with Section 14500) of the Public Resources Code.
(2) Materials made of copper or copper alloys shall not be purchased under this subdivision.
(e) This section shall not apply to coin dealers or to automobile dismantlers, as defined in Section 220 of the Vehicle Code.
(f) For the purposes of this section, “nonferrous material” means copper, copper alloys, stainless steel, or aluminum, but does not include beverage containers, as defined in Section 14505 of the Public Resources Code, that are subject to a redemption payment pursuant to Section 14560 of the Public Resources Code.
(g) This section is intended to occupy the entire field of law related to junk dealer or recycler transactions involving nonferrous material. However, a city or county ordinance, or a city and county ordinance, relating to the subject matter of this section is not in conflict with this section if the ordinance is passed by a two-thirds vote and it can be demonstrated by clear and convincing evidence that the ordinance is both necessary and addresses a unique problem within and specific to the jurisdiction of the ordinance that cannot effectively be addressed under this section.
(h) This section shall become operative on January 1, 2020. | Existing law requires junk dealers and recyclers, as defined, to maintain written records of all sales and purchases made in the course of their business, and makes a violation of the recordkeeping requirements a misdemeanor. Existing law prohibits a junk dealer or recycler from providing payment for nonferrous material, as defined, unless the payment is made by cash or check, the check is mailed or the cash or check is provided no earlier than 3 days after the date of sale, and the dealer or recycler obtains a photograph or video of the seller and certain other identifying information, as specified, which is to be retained by the dealer or recycler, as part of the written record of purchases, for a specified period of time. Existing law exempts from the payment by cash or check requirement those sellers of junk or recycling materials who conduct 5 or more separate transactions per month with the junk dealer or recycler, as specified.
This bill
would
would, until January 1, 2020,
exempt from the payment by cash or check requirement those sellers of junk or recycling materials who carry a surety bond of at least $100,000, covering the business entity at large, including all locations, which exclusively covers the cost of loss to the verifiable owner of stolen scrap metal purchased by the junk dealer or recycler and the cost to local law enforcement of investigating the theft. The bill would define the recoverable cost of loss to the verifiable owner of the scrap metal to be specified damages.
The bill would also require the California Research Bureau to provide a report to the Legislature on or before June 1, 2019, on the impact of these provisions on efforts to reduce and eliminate metal theft. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
Section 21608.5 of the Business and Professions Code is amended to read:
21608.5.
(a) A junk dealer or recycler in this state shall not provide payment for nonferrous material unless, in addition to meeting the written record requirements of Sections 21605 and 21606, all of the following requirements are met:
(1) The payment for the material is made by cash or check. The check may be mailed to the seller at the address provided pursuant to paragraph (3) or the cash or check may be collected by the seller from the junk dealer or recycler on or after the third business day after the date of sale.
(2) At the time of sale, the junk dealer or recycler obtains a clear photograph or video of the seller.
(3) (A) Except as provided in subparagraph (B), the junk dealer or recycler obtains a copy of the valid driver’s license of the seller containing a photograph and an address of the seller, a copy of a state or federal government-issued identification card containing a photograph and an address of the seller, a passport from any other country in addition to another item of identification bearing an address of the seller, or a Matricula Consular in addition to another item of identification bearing an address of the seller.
(B) If the seller prefers to have the check for the material mailed to an alternative address, other than a post office box, the junk dealer or recycler shall obtain a copy of a driver’s license or identification card described in subparagraph (A), and a gas or electric utility bill addressed to the seller at that alternative address with a payment due date no more than two months prior to the date of sale. For purposes of this paragraph, “alternative address” means an address that is different from the address appearing on the seller’s driver’s license or identification card.
(4) The junk dealer or recycler obtains a clear photograph or video of the nonferrous material being purchased.
(5) The junk dealer or recycler shall preserve the information obtained pursuant to this subdivision for a period of two years after the date of sale.
(6) (A) The junk dealer or recycler obtains a thumbprint of the seller, as prescribed by the Department of Justice. The junk dealer or recycler shall keep this thumbprint with the information obtained under this subdivision and shall preserve the thumbprint in either hardcopy or electronic format for a period of two years after the date of sale.
(B) Inspection or seizure of the thumbprint shall only be performed by a peace officer acting within the scope of his or her authority in response to a criminal search warrant signed by a magistrate and served on the junk dealer or recycler by the peace officer. Probable cause for the issuance of that warrant must be based upon a theft specifically involving the transaction for which the thumbprint was given.
(b) Paragraph (1) of subdivision (a) shall not apply if any of the following conditions are met:
(1) During any three-month period commencing on or after the effective date of this section, the junk dealer or recycler completes five or more separate transactions per month, on five or more separate days per month, with the seller and, in order for paragraph (1) of subdivision (a) to continue to be inapplicable, the seller must continue to complete five or more separate transactions per month with the junk dealer or recycler.
(2) The junk dealer or recycler carries a surety bond in the minimum amount of one hundred thousand dollars ($100,000), covering the business entity at large, including all locations, which shall be maintained exclusively to cover the cost of loss to the verifiable owner of stolen scrap metal proved to be purchased by the junk dealer or recycler, as well as to cover the cost to local law enforcement relating to its investigation of the alleged theft of the specific material in question. The recoverable cost of loss to the verifiable owner of the stolen scrap metal shall be the damages as prescribed by Sections 3333, 3336, and 3336.5 of the Civil Code. The reimbursement for the value of stolen scrap metal hereunder shall in no way be treated under law as an admission of culpability by the junk dealer or recycler to any criminal activity involved in the alleged theft of the scrap metal.
(c) This section shall not apply if, on the date of sale, the junk dealer or recycler has on file or receives all of the following information:
(1) The name, physical business address, and business telephone number of the seller’s business.
(2) The business license number or tax identification number of the seller’s business.
(3) A copy of the valid driver’s license of the person delivering the nonferrous material on behalf of the seller to the junk dealer or the recycler.
(d) (1) This section shall not apply to the purchase of nonferrous material having a value of not more than twenty dollars ($20) in a single transaction, when the majority of the transaction is for the redemption of beverage containers under the California Beverage Container Recycling and Litter Reduction Act, as set forth in Division 12.1 (commencing with Section 14500) of the Public Resources Code.
(2) Materials made of copper or copper alloys shall not be purchased under this subdivision.
(e) This section shall not apply to coin dealers or to automobile dismantlers, as defined in Section 220 of the Vehicle Code.
(f) For the purposes of this section, “nonferrous material” means copper, copper alloys, stainless steel, or aluminum, but does not include beverage containers, as defined in Section 14505 of the Public Resources Code, that are subject to a redemption payment pursuant to Section 14560 of the Public Resources Code.
(g) This section is intended to occupy the entire field of law related to junk dealer or recycler transactions involving nonferrous material. However, a city or county ordinance, or a city and county ordinance, relating to the subject matter of this section is not in conflict with this section if the ordinance is passed by a two-thirds vote and it can be demonstrated by clear and convincing evidence that the ordinance is both necessary and addresses a unique problem within and specific to the jurisdiction of the ordinance that cannot effectively be addressed under this section.
(h) (1) On or before June 1, 2019, the California Research Bureau shall provide a report to the Legislature on the impact of paragraph (2) of subdivision (b) on efforts to reduce and eliminate metal theft.
(2) The report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.
(i) This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
SEC. 2.
Section 21608.5 is added to the Business and Professions Code, to read:
21608.5.
(a) A junk dealer or recycler in this state shall not provide payment for nonferrous material unless, in addition to meeting the written record requirements of Sections 21605 and 21606, all of the following requirements are met:
(1) The payment for the material is made by cash or check. The check may be mailed to the seller at the address provided pursuant to paragraph (3) or the cash or check may be collected by the seller from the junk dealer or recycler on or after the third business day after the date of sale.
(2) At the time of sale, the junk dealer or recycler obtains a clear photograph or video of the seller.
(3) (A) Except as provided in subparagraph (B), the junk dealer or recycler obtains a copy of the valid driver’s license of the seller containing a photograph and an address of the seller, a copy of a state or federal government-issued identification card containing a photograph and an address of the seller, a passport from any other country in addition to another item of identification bearing an address of the seller, or a Matricula Consular in addition to another item of identification bearing an address of the seller.
(B) If the seller prefers to have the check for the material mailed to an alternative address, other than a post office box, the junk dealer or recycler shall obtain a copy of a driver’s license or identification card described in subparagraph (A), and a gas or electric utility bill addressed to the seller at that alternative address with a payment due date no more than two months prior to the date of sale. For purposes of this paragraph, “alternative address” means an address that is different from the address appearing on the seller’s driver’s license or identification card.
(4) The junk dealer or recycler obtains a clear photograph or video of the nonferrous material being purchased.
(5) The junk dealer or recycler shall preserve the information obtained pursuant to this subdivision for a period of two years after the date of sale.
(6) (A) The junk dealer or recycler obtains a thumbprint of the seller, as prescribed by the Department of Justice. The junk dealer or recycler shall keep this thumbprint with the information obtained under this subdivision and shall preserve the thumbprint in either hardcopy or electronic format for a period of two years after the date of sale.
(B) Inspection or seizure of the thumbprint shall only be performed by a peace officer acting within the scope of his or her authority in response to a criminal search warrant signed by a magistrate and served on the junk dealer or recycler by the peace officer. Probable cause for the issuance of that warrant must be based upon a theft specifically involving the transaction for which the thumbprint was given.
(b) Paragraph (1) of subdivision (a) shall not apply if, during any three-month period commencing on or after the effective date of this section, the junk dealer or recycler completes five or more separate transactions per month, on five or more separate days per month, with the seller and, in order for paragraph (1) of subdivision (a) to continue to be inapplicable, the seller must continue to complete five or more separate transactions per month with the junk dealer or recycler.
(c) This section shall not apply if, on the date of sale, the junk dealer or recycler has on file or receives all of the following information:
(1) The name, physical business address, and business telephone number of the seller’s business.
(2) The business license number or tax identification number of the seller’s business.
(3) A copy of the valid driver’s license of the person delivering the nonferrous material on behalf of the seller to the junk dealer or the recycler.
(d) (1) This section shall not apply to the purchase of nonferrous material having a value of not more than twenty dollars ($20) in a single transaction, when the majority of the transaction is for the redemption of beverage containers under the California Beverage Container Recycling and Litter Reduction Act, as set forth in Division 12.1 (commencing with Section 14500) of the Public Resources Code.
(2) Materials made of copper or copper alloys shall not be purchased under this subdivision.
(e) This section shall not apply to coin dealers or to automobile dismantlers, as defined in Section 220 of the Vehicle Code.
(f) For the purposes of this section, “nonferrous material” means copper, copper alloys, stainless steel, or aluminum, but does not include beverage containers, as defined in Section 14505 of the Public Resources Code, that are subject to a redemption payment pursuant to Section 14560 of the Public Resources Code.
(g) This section is intended to occupy the entire field of law related to junk dealer or recycler transactions involving nonferrous material. However, a city or county ordinance, or a city and county ordinance, relating to the subject matter of this section is not in conflict with this section if the ordinance is passed by a two-thirds vote and it can be demonstrated by clear and convincing evidence that the ordinance is both necessary and addresses a unique problem within and specific to the jurisdiction of the ordinance that cannot effectively be addressed under this section.
(h) This section shall become operative on January 1, 2020.
### Summary:
<bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos> |
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:
(a) In recent decades, the number of Americans who have had contact with the criminal justice system has increased exponentially. It is estimated that about one in three adults in the U.S. has a criminal history record, which often consists of an arrest that did not lead to conviction, a conviction for which the person was not sentenced to a term of incarceration, or a conviction for a nonviolent crime.
(b) On any given day, about 2.3 million people are incarcerated in the U.S. and, each year, 700,000 people are released from prison and almost 13 million people are admitted to and released from local jails.
(c) California’s long-term economic growth is dependent on identifying ways in which those who face barriers to employment, such as being formerly incarcerated, can become contributing members of society and achieve financial independence.
SEC. 2.
Section 1234 of the Penal Code is amended to read:
1234.
For purposes of this chapter, the following terms have the following meanings:
(a) “California Workforce Development Board” means the California Workforce Development Board established pursuant to Article 1 (commencing with Section 14010) of Chapter 3 of Division 7 of the Unemployment Insurance Code.
(b) “Earn and learn” has the same meaning as in Section 14005 of the Unemployment Insurance Code.
(c) “Grant program” means the Supervised Population Workforce Training Grant Program.
(d) “Supervised population” means those persons who are on probation, mandatory supervision, or postrelease community supervision and are supervised by, or are under the jurisdiction of, a county.
SEC. 3.
Section 1234.1 of the Penal Code is amended to read:
1234.1.
(a) This chapter establishes the Supervised Population Workforce Training Grant Program to be administered by the California Workforce Development Board.
(b) The grant program shall be developed and implemented in accordance with the criteria set forth in Section 1234.3. In developing the program, the California Workforce Development Board shall consult with public and private stakeholders, including local workforce development boards, local governments, and nonprofit community-based organizations that serve the supervised population.
(c) The grant program shall be funded, upon appropriation by the Legislature. Implementation of this program is contingent upon the director of the California Workforce Development Board notifying the Department of Finance that sufficient moneys have been appropriated for this specific grant program.
(d) The outcomes from the grant program shall be reported pursuant to Section 1234.4.
SEC. 4.
Section 1234.2 of the Penal Code is amended to read:
1234.2.
The California Workforce Development Board shall administer the grant program as follows:
(a) Develop criteria for the selection of grant recipients through a public application process, including, but not limited to, the rating and ranking of applications that meet the threshold criteria set forth in this section.
(b) Design the grant program application process to ensure all of the following occurs:
(1) Outreach and technical assistance is made available to eligible applicants, especially to small population and rural counties.
(2) Grants are awarded on a competitive basis.
(3) Small and rural counties are competitive in applying for funds.
(4) Applicants are encouraged to develop evidence-based, best practices for serving the workforce training and education needs of the supervised population.
(5) The education and training needs of one or both of the following are addressed:
(A) Individuals with some postsecondary education who can enter into programs and benefit from services that result in certifications, and placement on a middle skill career ladder.
(B) Individuals who require basic education as well as training in order to obtain entry level jobs where there are opportunities for career advancement.
SEC. 5.
Section 1234.3 of the Penal Code is amended to read:
1234.3.
(a) The grant program shall be competitively awarded through at least two rounds of funding, with the first phase of funding being awarded on or before May 1, 2015.
(b) Each county is eligible to apply, and a single application may include multiple counties applying jointly. Each application shall include a partnership agreement between the county or counties and one or more local workforce development boards that outline the actions each party agrees to undertake as part of the project proposed in the application.
(c) At a minimum, each project proposed in the application shall include a provision for an education and training assessment for each individual of the supervised population who participates in the project. The assessment may be undertaken by the applicant or by another entity. A prior assessment of an individual may be used if, in the determination of the California Workforce Development Board, its results are accurate. The California Workforce Development Board may delegate the responsibility for determining the sufficiency of a prior assessment to one or more local workforce development boards.
(d) Eligible uses of grant funds include, but are not limited to, vocational training, stipends for trainees, and earn and learn opportunities for the supervised population. Supportive services and job readiness activities shall serve as bridge activities that lead to enrollment in long-term training programs.
(e) Preference shall be awarded to applications for the following:
(1) An application that proposes matching funds, including, but not limited to, moneys committed by local workforce development boards, local governments, and private foundation funds.
(2) An application submitted by a county that currently administers or participates in a workforce training program for the supervised population.
(3) An application that proposes participation by one or more nonprofit community-based organizations that serve the supervised population.
(4) An application that proposes participation by one or more employers who have demonstrated interest in employing individuals in the supervised population, including, but not limited to, earn and learn opportunities and intent to hire letters for successfully completing the program.
(f) An application shall meet the following requirements:
(1) Set a specific purpose for the use of the grant funds, as well as provide the baseline criteria and metrics by which the overall success of the grant project can be evaluated.
(2) Define the specific subset of the supervised population, among the eligible supervised population that the grant money will serve.
(3) Define the industry sector or sectors in which the targeted supervised population will be trained, including the current and projected workforce within the region for those jobs, the range of wage rates, and the training and education requirements within those industry sectors.
(4) Define the general methodology and training methods proposed to be used and explain the manner in which the progress of the targeted supervised population will be monitored during the grant period.
(g) As a condition of receiving funds, a grant recipient shall agree to provide information to the California Workforce Development Board in sufficient detail to allow the California Workforce Development Board to meet the reporting requirements in Section 1234.4.
SEC. 6.
Section 1234.4 of the Penal Code is amended to read:
1234.4.
(a) On at least an annual basis, and upon completion of the grant period, grant recipients shall report to the California Workforce Development Board regarding their use of the funds and workforce training program outcomes.
(b) By January 1, 2018, the California Workforce Development Board shall submit a report to the Legislature using the reports from the grant recipients. The report shall contain all the following information:
(1) The overall success of the grant program, based on the goals and metrics set in the awarded grants.
(2) An evaluation of the effectiveness of the grant program based on the goals and metrics set in the awarded grants.
(3) A recommendation on the long-term viability of local workforce development boards and county collaborations on workforce training programs for the supervised population.
(4) A recommendation on the long-term viability of county workforce training programs for the supervised population.
(5) In considering the overall success and effectiveness of the grant program, the report shall include a discussion of all of the following:
(A) The education and workforce readiness of the supervised population at the time individual participants entered the program and how this impacted the types of services needed and offered.
(B) Whether the programs aligned with the workforce needs of high-demand sectors of the state and regional economies.
(C) Whether there was an active job market for the skills being developed where the member of the supervised population was likely to be released.
(D) Whether the program increased the number of members of the supervised population that obtained a marketable and industry or apprenticeship board-recognized certification, credential, or degree.
(E) Whether the program increased the numbers of the supervised population that successfully complete a job readiness basic skill bridge program and enroll in a long-term training program.
(F) Whether there were formal or informal networks in the field that support finding employment upon release from custody.
(G) Whether the program led to employment in occupations with a livable wage.
(H) Whether the program provided training opportunities in areas related to work skills learned while incarcerated, including, but not limited to, while working with the Prison Industry Authority.
(I) Whether the metrics used to evaluate the individual grants were sufficiently aligned with the objectives of the program.
(c) (1) The requirement for submitting a report imposed under subdivision (b) is inoperative on January 1, 2021, pursuant to Section 10231.5 of the Government Code.
(2) A report to be submitted pursuant to subdivision (b) shall be submitted in compliance with Section 9795 of the Government Code. | Existing law, until January 1, 2021, establishes the Supervised Population Workforce Training Grant Program to be administered, as provided, by the California Workforce Investment Board. Existing law establishes grant program eligibility criteria for counties and provides that eligible uses for grant funds include, but are not limited to, vocational training, stipends for trainees, and apprenticeship opportunities for the supervised population, which include individuals on probation, mandatory supervision, and postrelease community supervision. Existing law requires the board to develop criteria for the selection of grant recipients, but requires the board to give preference to certain grant applications, including an application that proposes participation by one or more nonprofit community-based organizations that serve the supervised population. Existing law requires the board, by January 1, 2018, to submit a report to the Legislature containing specified information, including an evaluation of the effectiveness of the grant program.
This bill would also require the board to give preference to a grant application that proposes participation by one or more employers who have demonstrated interest in employing individuals in the supervised population. The bill would require the board to include in its report to the Legislature whether the program provided training opportunities in areas related to work skills learned while incarcerated. The bill would update references to the California Workforce Investment Board to reflect its new name, the California Workforce Development Board. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:
(a) In recent decades, the number of Americans who have had contact with the criminal justice system has increased exponentially. It is estimated that about one in three adults in the U.S. has a criminal history record, which often consists of an arrest that did not lead to conviction, a conviction for which the person was not sentenced to a term of incarceration, or a conviction for a nonviolent crime.
(b) On any given day, about 2.3 million people are incarcerated in the U.S. and, each year, 700,000 people are released from prison and almost 13 million people are admitted to and released from local jails.
(c) California’s long-term economic growth is dependent on identifying ways in which those who face barriers to employment, such as being formerly incarcerated, can become contributing members of society and achieve financial independence.
SEC. 2.
Section 1234 of the Penal Code is amended to read:
1234.
For purposes of this chapter, the following terms have the following meanings:
(a) “California Workforce Development Board” means the California Workforce Development Board established pursuant to Article 1 (commencing with Section 14010) of Chapter 3 of Division 7 of the Unemployment Insurance Code.
(b) “Earn and learn” has the same meaning as in Section 14005 of the Unemployment Insurance Code.
(c) “Grant program” means the Supervised Population Workforce Training Grant Program.
(d) “Supervised population” means those persons who are on probation, mandatory supervision, or postrelease community supervision and are supervised by, or are under the jurisdiction of, a county.
SEC. 3.
Section 1234.1 of the Penal Code is amended to read:
1234.1.
(a) This chapter establishes the Supervised Population Workforce Training Grant Program to be administered by the California Workforce Development Board.
(b) The grant program shall be developed and implemented in accordance with the criteria set forth in Section 1234.3. In developing the program, the California Workforce Development Board shall consult with public and private stakeholders, including local workforce development boards, local governments, and nonprofit community-based organizations that serve the supervised population.
(c) The grant program shall be funded, upon appropriation by the Legislature. Implementation of this program is contingent upon the director of the California Workforce Development Board notifying the Department of Finance that sufficient moneys have been appropriated for this specific grant program.
(d) The outcomes from the grant program shall be reported pursuant to Section 1234.4.
SEC. 4.
Section 1234.2 of the Penal Code is amended to read:
1234.2.
The California Workforce Development Board shall administer the grant program as follows:
(a) Develop criteria for the selection of grant recipients through a public application process, including, but not limited to, the rating and ranking of applications that meet the threshold criteria set forth in this section.
(b) Design the grant program application process to ensure all of the following occurs:
(1) Outreach and technical assistance is made available to eligible applicants, especially to small population and rural counties.
(2) Grants are awarded on a competitive basis.
(3) Small and rural counties are competitive in applying for funds.
(4) Applicants are encouraged to develop evidence-based, best practices for serving the workforce training and education needs of the supervised population.
(5) The education and training needs of one or both of the following are addressed:
(A) Individuals with some postsecondary education who can enter into programs and benefit from services that result in certifications, and placement on a middle skill career ladder.
(B) Individuals who require basic education as well as training in order to obtain entry level jobs where there are opportunities for career advancement.
SEC. 5.
Section 1234.3 of the Penal Code is amended to read:
1234.3.
(a) The grant program shall be competitively awarded through at least two rounds of funding, with the first phase of funding being awarded on or before May 1, 2015.
(b) Each county is eligible to apply, and a single application may include multiple counties applying jointly. Each application shall include a partnership agreement between the county or counties and one or more local workforce development boards that outline the actions each party agrees to undertake as part of the project proposed in the application.
(c) At a minimum, each project proposed in the application shall include a provision for an education and training assessment for each individual of the supervised population who participates in the project. The assessment may be undertaken by the applicant or by another entity. A prior assessment of an individual may be used if, in the determination of the California Workforce Development Board, its results are accurate. The California Workforce Development Board may delegate the responsibility for determining the sufficiency of a prior assessment to one or more local workforce development boards.
(d) Eligible uses of grant funds include, but are not limited to, vocational training, stipends for trainees, and earn and learn opportunities for the supervised population. Supportive services and job readiness activities shall serve as bridge activities that lead to enrollment in long-term training programs.
(e) Preference shall be awarded to applications for the following:
(1) An application that proposes matching funds, including, but not limited to, moneys committed by local workforce development boards, local governments, and private foundation funds.
(2) An application submitted by a county that currently administers or participates in a workforce training program for the supervised population.
(3) An application that proposes participation by one or more nonprofit community-based organizations that serve the supervised population.
(4) An application that proposes participation by one or more employers who have demonstrated interest in employing individuals in the supervised population, including, but not limited to, earn and learn opportunities and intent to hire letters for successfully completing the program.
(f) An application shall meet the following requirements:
(1) Set a specific purpose for the use of the grant funds, as well as provide the baseline criteria and metrics by which the overall success of the grant project can be evaluated.
(2) Define the specific subset of the supervised population, among the eligible supervised population that the grant money will serve.
(3) Define the industry sector or sectors in which the targeted supervised population will be trained, including the current and projected workforce within the region for those jobs, the range of wage rates, and the training and education requirements within those industry sectors.
(4) Define the general methodology and training methods proposed to be used and explain the manner in which the progress of the targeted supervised population will be monitored during the grant period.
(g) As a condition of receiving funds, a grant recipient shall agree to provide information to the California Workforce Development Board in sufficient detail to allow the California Workforce Development Board to meet the reporting requirements in Section 1234.4.
SEC. 6.
Section 1234.4 of the Penal Code is amended to read:
1234.4.
(a) On at least an annual basis, and upon completion of the grant period, grant recipients shall report to the California Workforce Development Board regarding their use of the funds and workforce training program outcomes.
(b) By January 1, 2018, the California Workforce Development Board shall submit a report to the Legislature using the reports from the grant recipients. The report shall contain all the following information:
(1) The overall success of the grant program, based on the goals and metrics set in the awarded grants.
(2) An evaluation of the effectiveness of the grant program based on the goals and metrics set in the awarded grants.
(3) A recommendation on the long-term viability of local workforce development boards and county collaborations on workforce training programs for the supervised population.
(4) A recommendation on the long-term viability of county workforce training programs for the supervised population.
(5) In considering the overall success and effectiveness of the grant program, the report shall include a discussion of all of the following:
(A) The education and workforce readiness of the supervised population at the time individual participants entered the program and how this impacted the types of services needed and offered.
(B) Whether the programs aligned with the workforce needs of high-demand sectors of the state and regional economies.
(C) Whether there was an active job market for the skills being developed where the member of the supervised population was likely to be released.
(D) Whether the program increased the number of members of the supervised population that obtained a marketable and industry or apprenticeship board-recognized certification, credential, or degree.
(E) Whether the program increased the numbers of the supervised population that successfully complete a job readiness basic skill bridge program and enroll in a long-term training program.
(F) Whether there were formal or informal networks in the field that support finding employment upon release from custody.
(G) Whether the program led to employment in occupations with a livable wage.
(H) Whether the program provided training opportunities in areas related to work skills learned while incarcerated, including, but not limited to, while working with the Prison Industry Authority.
(I) Whether the metrics used to evaluate the individual grants were sufficiently aligned with the objectives of the program.
(c) (1) The requirement for submitting a report imposed under subdivision (b) is inoperative on January 1, 2021, pursuant to Section 10231.5 of the Government Code.
(2) A report to be submitted pursuant to subdivision (b) shall be submitted in compliance with Section 9795 of the Government Code.
### Summary:
This bill establishes the Supervised Population Workforce Training Grant Program to be administered by the California Workforce Development Board. The grant program shall be developed and implemented in accordance with |
The people of the State of California do enact as follows:
SECTION 1.
Section 11265.3 of the Welfare and Institutions Code is amended to read:
11265.3.
(a) In addition to submitting the semiannual report form as required in Section 11265.1, the department shall establish an income reporting threshold for recipients of CalWORKs.
(b) The CalWORKs income reporting threshold shall be the lesser of the following:
(1) Fifty-five percent of the monthly income for a family of three at the federal poverty level, plus the amount of income last used to calculate the recipient’s monthly benefits.
(2) The amount likely to render the recipient ineligible for CalWORKs benefits.
(3) The amount likely to render the recipient ineligible for federal Supplemental Nutrition Assistance Program benefits.
(c) A recipient shall report to the county, orally or in writing, within 10 days, when any of the following occurs:
(1) The monthly household income exceeds the threshold established pursuant to this section.
(2) The household address has changed. The act of failing to report an address change shall not, in and of itself, result in a reduction in aid or termination of benefits.
(3) An incidence of an individual fleeing prosecution or custody or confinement, or violating a condition of probation or parole, as specified in Section 11486.5.
(d) At least once per semiannual reporting period, counties shall inform each recipient of all of the following:
(1) The amount of the recipient’s income reporting threshold.
(2) The duty to report under this section.
(3) The consequences of failing to report.
(e) When a recipient reports income exceeding the reporting threshold, the county shall redetermine eligibility and the grant amount as follows:
(1) If the recipient reports the increase in income for the first through fifth months of a current semiannual reporting period, the county shall verify the report and determine the recipient’s financial eligibility and grant amount.
(A) If the recipient is determined to be financially ineligible based on the increase in income, the county shall discontinue the recipient with timely and adequate notice, effective at the end of the month in which the income was received.
(B) If it is determined that the recipient’s grant amount should decrease based on the increase in income, the county shall reduce the recipient’s grant amount for the remainder of the semiannual reporting period with timely and adequate notice, effective the first of the month following the month in which the income was received.
(C) If a recipient has reported a change in income in accordance with subdivision (c), an overpayment shall not be assessed for the following month if the county was unable to provide 10 days’ notice of the termination or reduction in benefits before the first of the month following the month in which the change occurred.
(2) If the recipient reports an increase in income for the sixth month of a current semiannual reporting period, the county shall not redetermine eligibility for the current semiannual reporting period, but shall consider this income in redetermining eligibility and the grant amount for the following semiannual reporting period, as provided in Sections 11265.1 and 11265.2.
(f) Counties shall act upon changes in income voluntarily reported during the semiannual reporting period that result in an increase in benefits, only after verification specified by the department is received. Reported changes in income that increase the grants shall be effective for the entire month in which the change is reported. If the reported change in income results in an increase in benefits, the county shall issue the increased benefit amount within 10 days of receiving required verification.
(g) (1) When a decrease in gross monthly income is voluntarily reported and verified, the county shall recalculate the grant for the current month and any remaining months in the semiannual reporting period pursuant to Sections 11265.1 and 11265.2 based on the actual gross monthly income reported and verified from the voluntary report for the current month and the gross monthly income that is reasonably anticipated for any future months remaining in the semiannual reporting period.
(2) When the anticipated income is determined pursuant to paragraph (1), and a grant amount is calculated based upon the new income, if the grant amount is higher than the grant currently in effect, the county shall revise the grant for the current month and any remaining months in the semiannual reporting period to the higher amount and shall issue any increased benefit amount as provided in subdivision (f).
(h) During the semiannual reporting period, a recipient may report to the county, orally or in writing, any changes in income and household circumstances that may increase the recipient’s grant. Except as provided in subdivision (i), counties shall act only upon changes in household composition voluntarily reported by the recipients during the semiannual reporting period that result in an increase in benefits, after verification specified by the department is received. If the reported change in household composition is for the first through fifth month of the semiannual reporting period and results in an increase in benefits, the county shall recalculate the grant effective for the month following the month in which the change was reported. If the reported change in household composition is for the sixth month of a semiannual reporting period, the county shall not redetermine the grant for the current semiannual reporting period, but shall redetermine the grant for the following reporting period as provided in Sections 11265.1 and 11265.2.
(i) During the semiannual reporting period, a recipient may request that the county discontinue the recipient’s entire assistance unit or any individual member of the assistance unit who is no longer in the home or is an optional member of the assistance unit. If the recipient’s request is verbal, the county shall provide a 10-day notice before discontinuing benefits. If the recipient’s request is in writing, the county shall discontinue benefits effective the end of the month in which the request is made, and simultaneously issue a notice informing the recipient of the discontinuance.
(j) (1) This section shall become operative on April 1, 2013. A county shall implement the semiannual reporting requirements in accordance with the act that added this section no later than October 1, 2013.
(2) Upon implementation described in paragraph (1), each county shall provide a certificate to the director certifying that semiannual reporting has been implemented in the county.
(3) Upon filing the certificate described in paragraph (2), a county shall comply with the semiannual reporting provisions of this section.
SEC. 2.
Section 11265.47 of the Welfare and Institutions Code is amended to read:
11265.47.
(a) The department shall establish an income reporting threshold for CalWORKs assistance units described in subdivision (a) of Section 11265.45.
(b) The income reporting threshold described in subdivision (a) shall be the lesser of the following:
(1) Fifty-five percent of the monthly income for a family of three at the federal poverty level, plus the amount of income last used to calculate the recipient’s monthly benefits.
(2) The amount likely to render the recipient ineligible for federal Supplemental Nutrition Assistance Program benefits.
(3) The amount likely to render the recipient ineligible for CalWORKs benefits.
(c) A recipient described in subdivision (a) of Section 11265.45 shall report to the county, orally or in writing, within 10 days, when any of the following occurs:
(1) The monthly household income exceeds the threshold established pursuant to this section.
(2) Any change in household composition.
(3) The household address has changed.
(4) An incidence of an individual fleeing prosecution or custody or confinement, or violating a condition or probation or parole, as specified in Section 11486.5.
(d) When a recipient described in subdivision (a) of Section 11265.45 reports income or a household composition change pursuant to subdivision (c), the county shall redetermine eligibility and grant amounts as follows:
(1) If the recipient reports an increase in income or household composition change for the first through 11th months of a year, the county shall verify the report and determine the recipient’s financial eligibility and grant amount.
(A) If the recipient is determined to be financially ineligible based on the increase in income or household composition change, the county shall discontinue the recipient with timely and adequate notice, effective at the end of the month in which the change occurred.
(B) If it is determined that the recipient’s grant amount should decrease based on the increase in income, or increase or decrease based on a change in household composition, the county shall increase or reduce the recipient’s grant amount for the remainder of the year with timely and adequate notice, effective the first of the month following the month in which the change occurred.
(C) If a recipient has reported a change in income or household composition in accordance with subdivision (c), an overpayment shall not be assessed for the following month if the county was unable to provide 10 days’ notice of the termination or reduction in benefits before the first of the month following the month in which the change occurred.
(2) If the recipient reports an increase in income for the 12th month of a grant year, the county shall verify this report and consider this income in redetermining eligibility and the grant amount for the following year.
(e) During the year, a recipient described in subdivision (a) of Section 11265.45 may report to the county, orally or in writing, any changes in income that may increase the recipient’s grant. Increases in the grant that result from reported changes in income shall be effective for the entire month in which the change is reported and any remaining months in the year. If the reported change in income results in an increase in benefits, the county shall issue the increased benefit amount within 10 days of receiving required verification.
(f) During the year, a recipient described in subdivision (a) of Section 11265.45 may request that the county discontinue the recipient’s entire assistance unit or any individual member of the assistance unit who is no longer in the home or is an optional member of the assistance unit. If the recipient’s request is verbal, the county shall provide a 10-day notice before discontinuing benefits. If the recipient’s request is in writing, the county shall discontinue benefits effective the end of the month in which the request is made, and simultaneously shall issue a notice informing the recipient of the discontinuance.
(g) This section shall become operative on the first day of the first month following 90 days after the effective date of the act that added this section, or October 1, 2012, whichever is later.
SEC. 3.
(a) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the State Department of Social Services shall implement this act through an all-county letter or similar instruction issued by the Director of Social Services no later than July 1, 2017.
(b) The department shall adopt regulations necessary to implement this act no later than July 1, 2018.
SEC. 4.
No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for purposes of this act.
SEC. 5.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | Existing law establishes the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which each county provides cash assistance and other benefits to qualified low-income families using a combination of federal, state, and county funds. Existing law requires the State Department of Social Services to establish an income reporting threshold for CalWORKs recipients, including CalWORKs assistance units that do not include an eligible adult, and requires a recipient to notify the county, within 10 days, if the recipient’s household income exceeds the reporting threshold. Existing law requires a CalWORKs assistance unit that does not include an eligible adult to also notify the county, within 10 days, of any change in the recipient’s household composition. Under existing law, if the county determines that the recipient is ineligible for CalWORKs or the recipient’s grant amount should be reduced based on an increase in income or a change in household composition, the county is required to discontinue the recipient from CalWORKs or reduce the recipient’s grant, with timely and adequate notice, as specified. Existing law provides that current and future grants may be reduced because of prior overpayments.
This bill would prohibit the county from assessing an overpayment for the month following a change in income for a recipient of CalWORKs, or following a change in household composition for a CalWORKs assistance unit that does not include an eligible adult, if the recipient has reported the change and the county was unable, before the first of the month following the change in income or household composition, to provide 10 days’ notice of the termination or reduction in benefits. By increasing the administrative duties of counties, this bill would impose a state-mandated local program. The bill would require the State Department of Social Services to issue an all-county letter or similar instruction by July 1, 2017, and adopt regulations by July 1, 2018, as necessary to implement these provisions.
Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program.
This bill would instead provide that the continuous appropriation would not be made for purposes of implementing the bill.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
Section 11265.3 of the Welfare and Institutions Code is amended to read:
11265.3.
(a) In addition to submitting the semiannual report form as required in Section 11265.1, the department shall establish an income reporting threshold for recipients of CalWORKs.
(b) The CalWORKs income reporting threshold shall be the lesser of the following:
(1) Fifty-five percent of the monthly income for a family of three at the federal poverty level, plus the amount of income last used to calculate the recipient’s monthly benefits.
(2) The amount likely to render the recipient ineligible for CalWORKs benefits.
(3) The amount likely to render the recipient ineligible for federal Supplemental Nutrition Assistance Program benefits.
(c) A recipient shall report to the county, orally or in writing, within 10 days, when any of the following occurs:
(1) The monthly household income exceeds the threshold established pursuant to this section.
(2) The household address has changed. The act of failing to report an address change shall not, in and of itself, result in a reduction in aid or termination of benefits.
(3) An incidence of an individual fleeing prosecution or custody or confinement, or violating a condition of probation or parole, as specified in Section 11486.5.
(d) At least once per semiannual reporting period, counties shall inform each recipient of all of the following:
(1) The amount of the recipient’s income reporting threshold.
(2) The duty to report under this section.
(3) The consequences of failing to report.
(e) When a recipient reports income exceeding the reporting threshold, the county shall redetermine eligibility and the grant amount as follows:
(1) If the recipient reports the increase in income for the first through fifth months of a current semiannual reporting period, the county shall verify the report and determine the recipient’s financial eligibility and grant amount.
(A) If the recipient is determined to be financially ineligible based on the increase in income, the county shall discontinue the recipient with timely and adequate notice, effective at the end of the month in which the income was received.
(B) If it is determined that the recipient’s grant amount should decrease based on the increase in income, the county shall reduce the recipient’s grant amount for the remainder of the semiannual reporting period with timely and adequate notice, effective the first of the month following the month in which the income was received.
(C) If a recipient has reported a change in income in accordance with subdivision (c), an overpayment shall not be assessed for the following month if the county was unable to provide 10 days’ notice of the termination or reduction in benefits before the first of the month following the month in which the change occurred.
(2) If the recipient reports an increase in income for the sixth month of a current semiannual reporting period, the county shall not redetermine eligibility for the current semiannual reporting period, but shall consider this income in redetermining eligibility and the grant amount for the following semiannual reporting period, as provided in Sections 11265.1 and 11265.2.
(f) Counties shall act upon changes in income voluntarily reported during the semiannual reporting period that result in an increase in benefits, only after verification specified by the department is received. Reported changes in income that increase the grants shall be effective for the entire month in which the change is reported. If the reported change in income results in an increase in benefits, the county shall issue the increased benefit amount within 10 days of receiving required verification.
(g) (1) When a decrease in gross monthly income is voluntarily reported and verified, the county shall recalculate the grant for the current month and any remaining months in the semiannual reporting period pursuant to Sections 11265.1 and 11265.2 based on the actual gross monthly income reported and verified from the voluntary report for the current month and the gross monthly income that is reasonably anticipated for any future months remaining in the semiannual reporting period.
(2) When the anticipated income is determined pursuant to paragraph (1), and a grant amount is calculated based upon the new income, if the grant amount is higher than the grant currently in effect, the county shall revise the grant for the current month and any remaining months in the semiannual reporting period to the higher amount and shall issue any increased benefit amount as provided in subdivision (f).
(h) During the semiannual reporting period, a recipient may report to the county, orally or in writing, any changes in income and household circumstances that may increase the recipient’s grant. Except as provided in subdivision (i), counties shall act only upon changes in household composition voluntarily reported by the recipients during the semiannual reporting period that result in an increase in benefits, after verification specified by the department is received. If the reported change in household composition is for the first through fifth month of the semiannual reporting period and results in an increase in benefits, the county shall recalculate the grant effective for the month following the month in which the change was reported. If the reported change in household composition is for the sixth month of a semiannual reporting period, the county shall not redetermine the grant for the current semiannual reporting period, but shall redetermine the grant for the following reporting period as provided in Sections 11265.1 and 11265.2.
(i) During the semiannual reporting period, a recipient may request that the county discontinue the recipient’s entire assistance unit or any individual member of the assistance unit who is no longer in the home or is an optional member of the assistance unit. If the recipient’s request is verbal, the county shall provide a 10-day notice before discontinuing benefits. If the recipient’s request is in writing, the county shall discontinue benefits effective the end of the month in which the request is made, and simultaneously issue a notice informing the recipient of the discontinuance.
(j) (1) This section shall become operative on April 1, 2013. A county shall implement the semiannual reporting requirements in accordance with the act that added this section no later than October 1, 2013.
(2) Upon implementation described in paragraph (1), each county shall provide a certificate to the director certifying that semiannual reporting has been implemented in the county.
(3) Upon filing the certificate described in paragraph (2), a county shall comply with the semiannual reporting provisions of this section.
SEC. 2.
Section 11265.47 of the Welfare and Institutions Code is amended to read:
11265.47.
(a) The department shall establish an income reporting threshold for CalWORKs assistance units described in subdivision (a) of Section 11265.45.
(b) The income reporting threshold described in subdivision (a) shall be the lesser of the following:
(1) Fifty-five percent of the monthly income for a family of three at the federal poverty level, plus the amount of income last used to calculate the recipient’s monthly benefits.
(2) The amount likely to render the recipient ineligible for federal Supplemental Nutrition Assistance Program benefits.
(3) The amount likely to render the recipient ineligible for CalWORKs benefits.
(c) A recipient described in subdivision (a) of Section 11265.45 shall report to the county, orally or in writing, within 10 days, when any of the following occurs:
(1) The monthly household income exceeds the threshold established pursuant to this section.
(2) Any change in household composition.
(3) The household address has changed.
(4) An incidence of an individual fleeing prosecution or custody or confinement, or violating a condition or probation or parole, as specified in Section 11486.5.
(d) When a recipient described in subdivision (a) of Section 11265.45 reports income or a household composition change pursuant to subdivision (c), the county shall redetermine eligibility and grant amounts as follows:
(1) If the recipient reports an increase in income or household composition change for the first through 11th months of a year, the county shall verify the report and determine the recipient’s financial eligibility and grant amount.
(A) If the recipient is determined to be financially ineligible based on the increase in income or household composition change, the county shall discontinue the recipient with timely and adequate notice, effective at the end of the month in which the change occurred.
(B) If it is determined that the recipient’s grant amount should decrease based on the increase in income, or increase or decrease based on a change in household composition, the county shall increase or reduce the recipient’s grant amount for the remainder of the year with timely and adequate notice, effective the first of the month following the month in which the change occurred.
(C) If a recipient has reported a change in income or household composition in accordance with subdivision (c), an overpayment shall not be assessed for the following month if the county was unable to provide 10 days’ notice of the termination or reduction in benefits before the first of the month following the month in which the change occurred.
(2) If the recipient reports an increase in income for the 12th month of a grant year, the county shall verify this report and consider this income in redetermining eligibility and the grant amount for the following year.
(e) During the year, a recipient described in subdivision (a) of Section 11265.45 may report to the county, orally or in writing, any changes in income that may increase the recipient’s grant. Increases in the grant that result from reported changes in income shall be effective for the entire month in which the change is reported and any remaining months in the year. If the reported change in income results in an increase in benefits, the county shall issue the increased benefit amount within 10 days of receiving required verification.
(f) During the year, a recipient described in subdivision (a) of Section 11265.45 may request that the county discontinue the recipient’s entire assistance unit or any individual member of the assistance unit who is no longer in the home or is an optional member of the assistance unit. If the recipient’s request is verbal, the county shall provide a 10-day notice before discontinuing benefits. If the recipient’s request is in writing, the county shall discontinue benefits effective the end of the month in which the request is made, and simultaneously shall issue a notice informing the recipient of the discontinuance.
(g) This section shall become operative on the first day of the first month following 90 days after the effective date of the act that added this section, or October 1, 2012, whichever is later.
SEC. 3.
(a) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the State Department of Social Services shall implement this act through an all-county letter or similar instruction issued by the Director of Social Services no later than July 1, 2017.
(b) The department shall adopt regulations necessary to implement this act no later than July 1, 2018.
SEC. 4.
No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for purposes of this act.
SEC. 5.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
### Summary:
<bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos> |
The people of the State of California do enact as follows:
SECTION 1.
Section 2263 of the Elections Code is amended to read:
2263.
(a) The Department of Motor Vehicles, in consultation with the Secretary of State, shall establish a schedule and method for the department to electronically provide to the Secretary of State the records specified in this section.
(b) (1) The department shall provide to the Secretary of State, in a manner and method to be determined by the department in consultation with the Secretary of State, the following information associated with each person who submits an application for a driver’s license or identification card pursuant to Section 12800, 12815, or 13000 of the Vehicle Code, or who notifies the department of a change of address pursuant to Section 14600 of the Vehicle Code, if the proof that the person is required to submit to prove that his or her presence in the United States is authorized under federal law also establishes that the person is a citizen of the United States:
(A) Name.
(B) Date of birth.
(C) Either or both of the following, as contained in the department’s records:
(i) Residence address.
(ii) Mailing address.
(D) Digitized signature, as described in Section 12950.5 of the Vehicle Code.
(E) Telephone number, if available.
(F) Email address, if available.
(G) Language preference.
(H) Political party preference.
(I) Whether the person chooses to become a permanent vote by mail voter.
(J) Whether the person affirmatively agreed to become registered to vote during a transaction with the department.
(K) A notation that the applicant has attested that he or she meets all voter eligibility requirements, including United States citizenship, specified in Section 2101.
(L) Other information specified in regulations implementing this chapter.
(2) (A) The department may provide the records described in paragraph (1) to the Secretary of State before the Secretary of State certifies that all of the conditions set forth in subdivision (e) of this section have been satisfied. Records provided pursuant to this paragraph shall only be used for the purposes of outreach and education to eligible voters conducted by the Secretary of State.
(B) The Secretary
of State
shall provide materials created for
purposes of
outreach and
education
educational purposes
as described in this paragraph in languages other than English, as required by the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).
(c) The Secretary of State shall not sell, transfer, or allow any third party access to the information acquired from the Department of Motor Vehicles pursuant to this chapter without approval of the department, except as permitted by this chapter and Section 2194.
(d) The department shall not electronically provide records of a person who applies for or is issued a driver’s license pursuant to Section 12801.9 of the Vehicle Code because he or she is unable to submit satisfactory proof that his or her presence in the United States is authorized under federal law.
(e) The Department of Motor Vehicles shall commence implementation of this section no later than one year after the Secretary of State certifies all of the following:
(1) The
State
state
has a statewide voter registration database that complies with the requirements of the federal Help America Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.).
(2) The Legislature has appropriated the funds necessary for the Secretary of State and the Department of Motor Vehicles to implement and maintain the California New Motor Voter Program.
(3) The regulations required by Section 2270 have been adopted.
(f) The Department of Motor Vehicles shall not electronically provide records pursuant to this section that contain a home address designated as confidential pursuant to Section 1808.2, 1808.4, or 1808.6 of the Vehicle Code.
SEC. 2.
Section 2265 of the Elections Code is amended to read:
2265.
(a) The records of a person designated in paragraph (1) of subdivision (b) of Section 2263 shall constitute a completed affidavit of registration and the Secretary of State shall register the person to vote if all of the following conditions are satisfied:
(1) The person’s records, as described in Section 2263, reflect that he or she affirmatively agreed to become registered to vote during a transaction with the Department of Motor Vehicles.
(2) The person’s records, as described in Section 2263, reflect that he or she has attested to meeting all voter eligibility requirements specified in Section 2101.
(3) The Secretary of State has not determined that the person is ineligible to vote.
(b) (1) If a person who is registered to vote pursuant to this chapter does not provide a party preference, his or her party preference shall be designated as “Unknown” and he or she shall be treated as a “No Party Preference” voter.
(2) A person whose party preference is designated as “Unknown” pursuant to this subdivision shall not be counted for purposes of determining the total number of voters registered on the specified day preceding an election, as required by subdivision (b) of Section 5100 and subdivision (c) of Section 5151. | Existing law requires the Department of Motor Vehicles to issue driver’s licenses and state identification cards to applicants who meet specified criteria and provide the department with the required information. Existing law generally requires an applicant for an original driver’s license or state identification card to submit satisfactory proof to the department that the applicant’s presence in the United States is authorized under federal law.
Existing law, the California New Motor Voter Program, requires the Department of Motor Vehicles to electronically provide to the Secretary of State the records of each person who is issued an original or renewal of a driver’s license or state identification card or who provides the department with a change of address, as specified. The person’s motor vehicle records will then constitute a completed affidavit of registration and the person will be registered to vote, unless the person affirmatively declines to become registered to vote during a transaction with the department, among other conditions.
This bill would require the Department of Motor Vehicles to electronically provide records of a person to the Secretary of State pursuant to this program only if the person has submitted proof that he or she is a citizen of the United States, as specified. This bill would also require that a person affirmatively agree to become registered to vote during a transaction with the department in order for his or her records to constitute a completed affidavit of registration and for the Secretary of State to register him or her to vote. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
Section 2263 of the Elections Code is amended to read:
2263.
(a) The Department of Motor Vehicles, in consultation with the Secretary of State, shall establish a schedule and method for the department to electronically provide to the Secretary of State the records specified in this section.
(b) (1) The department shall provide to the Secretary of State, in a manner and method to be determined by the department in consultation with the Secretary of State, the following information associated with each person who submits an application for a driver’s license or identification card pursuant to Section 12800, 12815, or 13000 of the Vehicle Code, or who notifies the department of a change of address pursuant to Section 14600 of the Vehicle Code, if the proof that the person is required to submit to prove that his or her presence in the United States is authorized under federal law also establishes that the person is a citizen of the United States:
(A) Name.
(B) Date of birth.
(C) Either or both of the following, as contained in the department’s records:
(i) Residence address.
(ii) Mailing address.
(D) Digitized signature, as described in Section 12950.5 of the Vehicle Code.
(E) Telephone number, if available.
(F) Email address, if available.
(G) Language preference.
(H) Political party preference.
(I) Whether the person chooses to become a permanent vote by mail voter.
(J) Whether the person affirmatively agreed to become registered to vote during a transaction with the department.
(K) A notation that the applicant has attested that he or she meets all voter eligibility requirements, including United States citizenship, specified in Section 2101.
(L) Other information specified in regulations implementing this chapter.
(2) (A) The department may provide the records described in paragraph (1) to the Secretary of State before the Secretary of State certifies that all of the conditions set forth in subdivision (e) of this section have been satisfied. Records provided pursuant to this paragraph shall only be used for the purposes of outreach and education to eligible voters conducted by the Secretary of State.
(B) The Secretary
of State
shall provide materials created for
purposes of
outreach and
education
educational purposes
as described in this paragraph in languages other than English, as required by the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).
(c) The Secretary of State shall not sell, transfer, or allow any third party access to the information acquired from the Department of Motor Vehicles pursuant to this chapter without approval of the department, except as permitted by this chapter and Section 2194.
(d) The department shall not electronically provide records of a person who applies for or is issued a driver’s license pursuant to Section 12801.9 of the Vehicle Code because he or she is unable to submit satisfactory proof that his or her presence in the United States is authorized under federal law.
(e) The Department of Motor Vehicles shall commence implementation of this section no later than one year after the Secretary of State certifies all of the following:
(1) The
State
state
has a statewide voter registration database that complies with the requirements of the federal Help America Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.).
(2) The Legislature has appropriated the funds necessary for the Secretary of State and the Department of Motor Vehicles to implement and maintain the California New Motor Voter Program.
(3) The regulations required by Section 2270 have been adopted.
(f) The Department of Motor Vehicles shall not electronically provide records pursuant to this section that contain a home address designated as confidential pursuant to Section 1808.2, 1808.4, or 1808.6 of the Vehicle Code.
SEC. 2.
Section 2265 of the Elections Code is amended to read:
2265.
(a) The records of a person designated in paragraph (1) of subdivision (b) of Section 2263 shall constitute a completed affidavit of registration and the Secretary of State shall register the person to vote if all of the following conditions are satisfied:
(1) The person’s records, as described in Section 2263, reflect that he or she affirmatively agreed to become registered to vote during a transaction with the Department of Motor Vehicles.
(2) The person’s records, as described in Section 2263, reflect that he or she has attested to meeting all voter eligibility requirements specified in Section 2101.
(3) The Secretary of State has not determined that the person is ineligible to vote.
(b) (1) If a person who is registered to vote pursuant to this chapter does not provide a party preference, his or her party preference shall be designated as “Unknown” and he or she shall be treated as a “No Party Preference” voter.
(2) A person whose party preference is designated as “Unknown” pursuant to this subdivision shall not be counted for purposes of determining the total number of voters registered on the specified day preceding an election, as required by subdivision (b) of Section 5100 and subdivision (c) of Section 5151.
### Summary:
This bill would amend the Elections Code to require the Department of Motor Vehicles to electronically provide to the Secretary of State the records of a person who submits an application for |
The people of the State of California do enact as follows:
SECTION 1.
Section 13651 of the Business and Professions Code is amended to read:
13651.
(a) (1) Every service station in this state shall provide during operating hours, and make available at no cost to customers who purchase motor vehicle fuel, water, compressed air, and a gauge for measuring air pressure to the public for use in servicing any passenger vehicle, as defined in Section 465 of the Vehicle Code, or any commercial vehicle, as defined in Section 260 of the Vehicle Code, with an unladen weight of 6,000 pounds or less.
(2) Every service station in this state shall display, at a conspicuous place on, at, or near the dispensing apparatus at least one clearly visible sign that shall read as follows: “CALIFORNIA LAW REQUIRES THIS STATION TO PROVIDE FREE AIR AND WATER FOR AUTOMOTIVE PURPOSES TO ITS CUSTOMERS WHO PURCHASE MOTOR VEHICLE FUEL. IF YOU HAVE A COMPLAINT NOTIFY THE STATION ATTENDANT AND/OR CALL THIS TOLL-FREE TELEPHONE NUMBER: 1 (800) ___ ____.” This sign shall meet the requirements of Sections 13473 and 13474 with regard to letter size and contrast. As used in this paragraph, automotive purposes does not include the washing of vehicles.
(b) (1) Every service station in this state located within 660 feet of an accessible right-of-way of an interstate or primary highway, as defined in Sections 5215 and 5220, shall provide during business hours public restrooms for use by its customers. Service stations shall not charge customers separately for the use of restroom facilities.
(2) The public restroom shall not be temporary or portable but shall be permanent and shall include separate facilities for men and women, each with toilets and sinks suitable for use by disabled persons in accordance with Section 19955.5 of the Health and Safety Code and Title 24 of the California Code of Regulations. However, a service station not located along an interstate highway and in a rural area, as defined by Section 101 of Title 23 of the United States Code, and where the annualized average daily traffic count is 2,500 vehicles or less, is only required to provide a single restroom to be used by both men and women unless the local legislative body or, upon designation by the local legislative body, the local building official determines and finds, based upon traffic studies and local or seasonal tourist patterns, that a single restroom would be inadequate to serve the public. In that event, the single restroom exemption shall not apply. The single restroom shall contain a toilet, urinal, and sink suitable for use by disabled persons as required by the federal Americans With Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) and Title 24 of the California Code of Regulations. The single restroom shall be equipped with a locking mechanism to be operated by the user of the restroom and the restroom shall be maintained in a clean and sanitary manner.
(3) This subdivision does not apply to service stations that are operational prior to January 1, 1990, and that would be obligated to construct permanent restroom facilities to comply with this subdivision.
(4) For purposes of this subdivision, “customer” means a person who purchases any product available for sale on the premises of the service station, including items not related to the repairing or servicing of a motor vehicle.
(c) (1) Every service station in this state shall display at a conspicuous place on, at, or near the dispensing apparatus, or at or near the point of sale, at least one clearly visible sign showing a list of applicable state and federal fuel taxes per gallon of motor vehicle fuel sold from the dispensing apparatus. The sign may display the federal excise tax rate as “up to $.184.”
(2) The sign described in paragraph (1) also shall display the average per-gallon cost of gasoline and diesel fuel, as annually calculated by the State Energy Resources Conservation and Development
Commission,
Commission in consultation with the Legislative Analyst’s Office,
across the industry of refiners producing transportation fuels as a result of their compliance with a market-based compliance mechanism adopted by the State Air Resources Board pursuant to Section 38570 of the Health and Safety Code.
(d) (1) The Division of Measurement Standards of the Department of Food and Agriculture shall, no later than January 1, 2001, establish a toll-free customer complaint telephone number. The toll-free telephone number thereby established shall be printed on the sign required pursuant to paragraph (2) of subdivision (a).
(2) Notwithstanding any other law, employees of the Division of Measurement Standards, upon inspection, or upon notice of a complaint forwarded pursuant to this section, are empowered to investigate a complaint against a service station for lack of free air and water and issue a citation to the station, and to collect a fine of two hundred fifty dollars ($250) per valid complaint, unless the citation is challenged in court. A citation shall not be issued if the air and water equipment is in good working order upon initial inspection, or if they are repaired to the satisfaction of the inspecting entity within 10 working days of the initial inspection. In addition, no citation based on nonfunctional air and water equipment shall be issued if the service station can establish that the equipment has been the target of repeated vandalism, substantiated by three or more police reports within six months detailing the vandalism.
SEC. 2.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. | Existing law requires every service station in this state to display at a conspicuous place on, at, or near the dispensing apparatus, or at or near the point of sale, at least one clearly visible sign showing a list of applicable state and federal fuel taxes per gallon of motor vehicle fuel sold from the dispensing apparatus. A violation of this provision is an infraction.
Existing law establishes the State Energy Resources Conservation and Development Commission in the Natural Resources Agency, and specifies the powers and duties of the commission with respect to energy resources in the state. Under existing law, various provisions regulate petroleum supply and pricing.
The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. The act authorizes the state board to include the use of market-based compliance mechanisms.
This bill would require every service station to also display the average per-gallon cost of gasoline and diesel fuel, as annually calculated by the
commission,
commission in consultation with the Legislative Analyst’s Office,
across the industry of refiners producing transportation fuels as a result of their compliance with a market-based compliance mechanism. Because a violation of this requirement would be a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
Section 13651 of the Business and Professions Code is amended to read:
13651.
(a) (1) Every service station in this state shall provide during operating hours, and make available at no cost to customers who purchase motor vehicle fuel, water, compressed air, and a gauge for measuring air pressure to the public for use in servicing any passenger vehicle, as defined in Section 465 of the Vehicle Code, or any commercial vehicle, as defined in Section 260 of the Vehicle Code, with an unladen weight of 6,000 pounds or less.
(2) Every service station in this state shall display, at a conspicuous place on, at, or near the dispensing apparatus at least one clearly visible sign that shall read as follows: “CALIFORNIA LAW REQUIRES THIS STATION TO PROVIDE FREE AIR AND WATER FOR AUTOMOTIVE PURPOSES TO ITS CUSTOMERS WHO PURCHASE MOTOR VEHICLE FUEL. IF YOU HAVE A COMPLAINT NOTIFY THE STATION ATTENDANT AND/OR CALL THIS TOLL-FREE TELEPHONE NUMBER: 1 (800) ___ ____.” This sign shall meet the requirements of Sections 13473 and 13474 with regard to letter size and contrast. As used in this paragraph, automotive purposes does not include the washing of vehicles.
(b) (1) Every service station in this state located within 660 feet of an accessible right-of-way of an interstate or primary highway, as defined in Sections 5215 and 5220, shall provide during business hours public restrooms for use by its customers. Service stations shall not charge customers separately for the use of restroom facilities.
(2) The public restroom shall not be temporary or portable but shall be permanent and shall include separate facilities for men and women, each with toilets and sinks suitable for use by disabled persons in accordance with Section 19955.5 of the Health and Safety Code and Title 24 of the California Code of Regulations. However, a service station not located along an interstate highway and in a rural area, as defined by Section 101 of Title 23 of the United States Code, and where the annualized average daily traffic count is 2,500 vehicles or less, is only required to provide a single restroom to be used by both men and women unless the local legislative body or, upon designation by the local legislative body, the local building official determines and finds, based upon traffic studies and local or seasonal tourist patterns, that a single restroom would be inadequate to serve the public. In that event, the single restroom exemption shall not apply. The single restroom shall contain a toilet, urinal, and sink suitable for use by disabled persons as required by the federal Americans With Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) and Title 24 of the California Code of Regulations. The single restroom shall be equipped with a locking mechanism to be operated by the user of the restroom and the restroom shall be maintained in a clean and sanitary manner.
(3) This subdivision does not apply to service stations that are operational prior to January 1, 1990, and that would be obligated to construct permanent restroom facilities to comply with this subdivision.
(4) For purposes of this subdivision, “customer” means a person who purchases any product available for sale on the premises of the service station, including items not related to the repairing or servicing of a motor vehicle.
(c) (1) Every service station in this state shall display at a conspicuous place on, at, or near the dispensing apparatus, or at or near the point of sale, at least one clearly visible sign showing a list of applicable state and federal fuel taxes per gallon of motor vehicle fuel sold from the dispensing apparatus. The sign may display the federal excise tax rate as “up to $.184.”
(2) The sign described in paragraph (1) also shall display the average per-gallon cost of gasoline and diesel fuel, as annually calculated by the State Energy Resources Conservation and Development
Commission,
Commission in consultation with the Legislative Analyst’s Office,
across the industry of refiners producing transportation fuels as a result of their compliance with a market-based compliance mechanism adopted by the State Air Resources Board pursuant to Section 38570 of the Health and Safety Code.
(d) (1) The Division of Measurement Standards of the Department of Food and Agriculture shall, no later than January 1, 2001, establish a toll-free customer complaint telephone number. The toll-free telephone number thereby established shall be printed on the sign required pursuant to paragraph (2) of subdivision (a).
(2) Notwithstanding any other law, employees of the Division of Measurement Standards, upon inspection, or upon notice of a complaint forwarded pursuant to this section, are empowered to investigate a complaint against a service station for lack of free air and water and issue a citation to the station, and to collect a fine of two hundred fifty dollars ($250) per valid complaint, unless the citation is challenged in court. A citation shall not be issued if the air and water equipment is in good working order upon initial inspection, or if they are repaired to the satisfaction of the inspecting entity within 10 working days of the initial inspection. In addition, no citation based on nonfunctional air and water equipment shall be issued if the service station can establish that the equipment has been the target of repeated vandalism, substantiated by three or more police reports within six months detailing the vandalism.
SEC. 2.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
### Summary:
<bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos> |
The people of the State of California do enact as follows:
SECTION 1.
Section 1703 of the Labor Code is amended to read:
1703.
(a) Every contract and agreement between an artist and a talent service shall be in writing, in at least 10-point type, and contain all of the following provisions:
(1) The name, address, telephone number, fax number (if any), email address (if any), and Internet Web site address (if any), of the talent service, the artist to whom services are to be provided, and the representative executing the contract on behalf of the talent service.
(2) A description of the services to be performed, a statement when those services are to be provided, and the duration of the contract.
(3) Evidence of compliance with applicable bonding requirements, including the name of the bonding company and the bond number, if any, and a statement that a bond in the amount of fifty thousand dollars ($50,000) must be posted with the Labor Commissioner.
(4) The amount of any fees to be charged to or collected from, or on behalf of, the artist receiving the services, and the date or dates when those fees are required to be paid.
(5) The following statements, in boldface type and in close proximity to the artist’s signature:
“(Name of talent service) IS A TALENT COUNSELING SERVICE, TALENT LISTING SERVICE, OR TALENT TRAINING SERVICE (whichever is applicable). THIS IS NOT A TALENT AGENCY CONTRACT. ONLY A TALENT AGENT LICENSED PURSUANT TO SECTION 1700.5 OF THE LABOR CODE MAY ENGAGE IN THE OCCUPATION OF PROCURING, OFFERING, PROMISING, OR ATTEMPTING TO PROCURE EMPLOYMENT OR ENGAGEMENTS FOR AN ARTIST. (Name of talent service) IS PROHIBITED BY LAW FROM OFFERING OR ATTEMPTING TO OBTAIN AUDITIONS OR EMPLOYMENT FOR YOU. IT MAY ONLY PROVIDE YOU WITH TRAINING, COUNSELING, OR LISTING INFORMATION (whichever is applicable). FOR MORE INFORMATION, CONSULT CHAPTER 4.5 (COMMENCING WITH SECTION 1701) OF PART 6 OF DIVISION 2 OF THE LABOR CODE. A DISPUTE ARISING OUT OF THE PERFORMANCE OF THE CONTRACT BY THE TALENT SERVICE THAT IS NOT RESOLVED TO THE SATISFACTION OF THE ARTIST SHOULD BE REFERRED TO A LOCAL CONSUMER AFFAIRS DEPARTMENT OR LOCAL LAW ENFORCEMENT, AS APPROPRIATE.
YOUR RIGHT TO CANCEL
(enter date of transaction)
You may cancel this contract and obtain a full refund, without any penalty or obligation, if notice of cancellation is given, in writing, within 10 business days from the above date or the date on which you commence utilizing the services under the contract, whichever is longer. For purposes of this section, business days are Monday through Friday.
To cancel this contract, mail or deliver or send by facsimile transmission a signed and dated copy of the following cancellation notice or any other written notice of cancellation to (name of talent service) at (address of its place of business), fax number (if any), email address (if any), and Internet Web site address (if any), NOT LATER THAN MIDNIGHT OF (date). If the contract was executed in part or in whole through the Internet, you may cancel the contract by sending the notification to: (email address).
CANCELLATION NOTICE
I hereby cancel this contract.
Dated:
Artist Signature.
If you cancel, all fees you have paid must be refunded to you within 10 business days after delivery of the cancellation notice to the talent service.”
(6) A statement conspicuously disclosing whether the artist may or may not obtain a refund after the 10-day cancellation period described in paragraph (5) has expired.
(b) Except for contracts executed over the Internet, a contract subject to this section shall be dated and signed by the artist and the representative executing the contract on behalf of the talent service. In the case of a contract executed over the Internet, the talent service shall give the artist clear and conspicuous notice of the contract terms and provide to the artist the ability to acknowledge receipt of the terms before acknowledging agreement thereto. In any dispute regarding compliance with this subdivision, the talent service shall have the burden of proving that the artist received the terms and acknowledged agreement thereto.
(c) If the talent service offers to list or display information about an artist, including a photograph, on the service’s Internet Web site, online service, online application, or mobile application or on a Web site, online service, online application, or mobile application that the talent service has authority to design or alter, the contract shall contain a notice that the talent service will remove the listing and content within 10 days of a request by the artist or, in the case of a minor, the artist’s parent or guardian. The contract shall include a valid telephone number, mailing address, and email address for the talent service to which a request for removal may be made.
(d) A contract between an artist and a talent service shall be contained in a single document that includes the elements set forth in this section. A contract subject to this section that does not comply with subdivisions (a) to (f), inclusive, is voidable at the election of the artist and may be canceled by the artist at any time without any penalty or obligation.
(e) (1) An artist may cancel a contract or within 10 business days from the date he or she commences utilizing the services under the contract. An artist shall notify the talent service of the cancellation for talent services within 10 business days of the date he or she executed the contract by mailing, delivering, or sending by facsimile transmission to the talent service, a signed and dated copy of the cancellation notice or any other written notice of cancellation, or by sending a notice of cancellation via the Internet if the contract was executed in part or in whole through the Internet. A talent service shall refund all fees paid by, or on behalf of, an artist within 10 business days after delivery of the cancellation notice.
(2) Unless a talent service conspicuously discloses in the contract that cancellation is prohibited after the 10-day cancellation period described in paragraph (1), an artist may cancel a contract for talent services at any time after the 10-day cancellation period by mailing, delivering, or sending by facsimile transmission to the talent service a signed and dated copy of the cancellation notice or any other written notice of cancellation, or by sending a notice of cancellation via the Internet if the contract was executed in part or in whole through the Internet. Within 10 business days after delivery of the cancellation notice, the talent service shall refund to the artist on a pro rata basis all fees paid by, or on behalf of, the artist.
(f) A contract between an artist and a talent service shall have a term of not more than one year and shall not be renewed automatically.
(g) The talent service shall maintain the address set forth in the contract for receipt of cancellation and for removal of an Internet Web site or other listing, unless it furnishes the artist with written notice of a change of address. Written notice of a change of address may be done by email if the artist designates an email address in the contract for purposes of receiving written notice.
(h) The talent service shall advise a person inquiring about canceling a contract to follow the written procedures for cancellation set forth in the contract.
(i) Before the artist signs a contract and before the artist or any person acting on his or her behalf becomes obligated to pay or pays any fee, the talent service shall provide a copy of the contract to the artist for the artist to keep. If the contract was executed through the Internet, the talent service may provide a copy of the contract to the artist by making it available to be downloaded and printed through the Internet.
(j) The talent service shall maintain the original executed contract on file at its place of business.
SEC. 2.
Section 1703.4 of the Labor Code is amended to read:
1703.4.
(a) A talent service, its owners, directors, officers, agents, and employees shall not do any of the following through any means of communication, including, but not limited to, in person, through the use of a telecommunication device, in print, on the Internet, or through the use of a mobile or online application or other electronic communication:
(1) Make or cause to be made any advertisement or representation expressly or impliedly offering the opportunity for an artist to meet with or audition before any producer, director, casting director, or any associate thereof, or any other person who makes, or is represented to make, decisions for the process of hiring artists for employment as an artist, or any talent agent or talent manager, or any associate, representative, or designee thereof, unless the talent service maintains for inspection and copying written evidence of the supporting facts, including the name, business address, and job title of all persons conducting the meeting or audition, and the title of the production and the name of the production company.
(2) Make or cause to be made any advertisement or representation that any artist, whether identified or not, has obtained an audition, employment opportunity, or employment as an artist in whole or in part by use of the talent service unless the talent service maintains for inspection written evidence of the supporting facts upon which the claim is based, including the name of the artist and the approximate dates the talent service was used by the artist.
(3) Charge or attempt to charge an artist for an audition or employment opportunity.
(4) Require an artist, as a condition for using the talent service or for obtaining an additional benefit or preferential treatment from the talent service, to pay a fee for creating or providing photographs, filmstrips, videotapes, audition tapes, demonstration reels, or other reproductions of the artist, Internet Web sites, casting or talent brochures, or other promotional materials for the artist.
(5) Charge or attempt to charge an artist any fee not disclosed pursuant to paragraph (4) of subdivision (a) of Section 1703.
(6) Refer an artist to a person who charges the artist a fee for any service or any product in which the talent service, its owners, directors, officers, agents, or employees have a direct or indirect financial interest, unless the fee and the financial interest are conspicuously disclosed in a separate writing provided to the artist to keep prior to his or her execution of the contract with the talent service.
(7) Require an artist, as a condition for using a talent service or for obtaining any additional benefit or preferential treatment from the talent service, to pay a fee to any other talent service in which the talent service, its owners, directors, officers, agents, or employees have a direct or indirect financial interest.
(8) Accept any compensation or other consideration for referring an artist to any person charging the artist a fee.
(9) Fail to remove information about, or photographs of, the artist displayed on the talent service’s Internet Web site, online service, online application, or mobile application or an Internet Web site, online service, online application, or mobile application that the service has the authority to design or alter within 10 days of delivery of a request made by telephone, text message, mail, facsimile transmission, email, or other electronic communication from the artist or from a parent or guardian of the artist if the artist is a minor.
(b) A talent training service and talent counseling service and the owners, officers, directors, agents, and employees of the talent training service or talent counseling service shall not own, operate, or have a direct or indirect financial interest in a talent listing service.
(c) A talent listing service and its owners, officers, directors, agents, and employees shall not do any of the following:
(1) Own, operate, or have a direct or indirect financial interest in a talent training service or a talent counseling service.
(2) Provide a listing of an audition, job, or employment opportunity without written permission for the listing. A talent listing service shall keep and maintain a copy of all original listings; the name, business address, and business telephone number of the person granting permission to the talent listing service to use the listing; and the date the permission was granted.
(3) Make or cause to be made an advertisement or representation that includes the trademark, logo, name, word, or phrase of a company or organization, including a studio, production company, network, broadcaster, talent agency licensed pursuant to Section 1700.5, labor union, or labor organization as defined in Section 1117, in any manner that falsely or misleadingly suggests the endorsement, sponsorship, approval, or affiliation of a talent service.
SEC. 3.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. | Existing law regulates the licensing and operation of talent services within the entertainment industry. Existing law prohibits specific activities or omissions by a talent service or its owners, directors, officers, agents, and employees, including the failure to remove information about, or photographs of, an artist displayed on the talent service’s Internet Web site or an Internet Web site that the service has the authority to design or alter, within 10 days of delivery of a request made by telephone, mail, facsimile transmission, or email from the artist or from a parent or guardian of the artist if the artist is a minor. If the talent service offers to display information about, or a photograph of, an artist on the service’s Internet Web site, existing law requires a contract between an artist and a talent service to contain a notice that the talent service will remove the content within 10 days of a request by the artist or the artist’s parent or guardian, if a minor. A willful violation of those prohibitions is a crime.
This bill would prohibit these specific activities or omissions of a talent service, its owners, directors, officers, agents, and employees through any means of communication. The bill would extend the prohibition of the failure to remove an artist’s information or photographs to those displayed on an online service, online application, or mobile application of the talent service or one that the talent service has the authority to design or alter and would require the talent service to also act on requests to remove information or photographs made by text message or other electronic communication. The bill would expand the above-described notice requirement to contracts in which the talent service offers to display information about, or a photograph of, an artist on the service’s online service, online application, or mobile application. Because a violation of these provisions would be a crime under certain circumstances, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
Section 1703 of the Labor Code is amended to read:
1703.
(a) Every contract and agreement between an artist and a talent service shall be in writing, in at least 10-point type, and contain all of the following provisions:
(1) The name, address, telephone number, fax number (if any), email address (if any), and Internet Web site address (if any), of the talent service, the artist to whom services are to be provided, and the representative executing the contract on behalf of the talent service.
(2) A description of the services to be performed, a statement when those services are to be provided, and the duration of the contract.
(3) Evidence of compliance with applicable bonding requirements, including the name of the bonding company and the bond number, if any, and a statement that a bond in the amount of fifty thousand dollars ($50,000) must be posted with the Labor Commissioner.
(4) The amount of any fees to be charged to or collected from, or on behalf of, the artist receiving the services, and the date or dates when those fees are required to be paid.
(5) The following statements, in boldface type and in close proximity to the artist’s signature:
“(Name of talent service) IS A TALENT COUNSELING SERVICE, TALENT LISTING SERVICE, OR TALENT TRAINING SERVICE (whichever is applicable). THIS IS NOT A TALENT AGENCY CONTRACT. ONLY A TALENT AGENT LICENSED PURSUANT TO SECTION 1700.5 OF THE LABOR CODE MAY ENGAGE IN THE OCCUPATION OF PROCURING, OFFERING, PROMISING, OR ATTEMPTING TO PROCURE EMPLOYMENT OR ENGAGEMENTS FOR AN ARTIST. (Name of talent service) IS PROHIBITED BY LAW FROM OFFERING OR ATTEMPTING TO OBTAIN AUDITIONS OR EMPLOYMENT FOR YOU. IT MAY ONLY PROVIDE YOU WITH TRAINING, COUNSELING, OR LISTING INFORMATION (whichever is applicable). FOR MORE INFORMATION, CONSULT CHAPTER 4.5 (COMMENCING WITH SECTION 1701) OF PART 6 OF DIVISION 2 OF THE LABOR CODE. A DISPUTE ARISING OUT OF THE PERFORMANCE OF THE CONTRACT BY THE TALENT SERVICE THAT IS NOT RESOLVED TO THE SATISFACTION OF THE ARTIST SHOULD BE REFERRED TO A LOCAL CONSUMER AFFAIRS DEPARTMENT OR LOCAL LAW ENFORCEMENT, AS APPROPRIATE.
YOUR RIGHT TO CANCEL
(enter date of transaction)
You may cancel this contract and obtain a full refund, without any penalty or obligation, if notice of cancellation is given, in writing, within 10 business days from the above date or the date on which you commence utilizing the services under the contract, whichever is longer. For purposes of this section, business days are Monday through Friday.
To cancel this contract, mail or deliver or send by facsimile transmission a signed and dated copy of the following cancellation notice or any other written notice of cancellation to (name of talent service) at (address of its place of business), fax number (if any), email address (if any), and Internet Web site address (if any), NOT LATER THAN MIDNIGHT OF (date). If the contract was executed in part or in whole through the Internet, you may cancel the contract by sending the notification to: (email address).
CANCELLATION NOTICE
I hereby cancel this contract.
Dated:
Artist Signature.
If you cancel, all fees you have paid must be refunded to you within 10 business days after delivery of the cancellation notice to the talent service.”
(6) A statement conspicuously disclosing whether the artist may or may not obtain a refund after the 10-day cancellation period described in paragraph (5) has expired.
(b) Except for contracts executed over the Internet, a contract subject to this section shall be dated and signed by the artist and the representative executing the contract on behalf of the talent service. In the case of a contract executed over the Internet, the talent service shall give the artist clear and conspicuous notice of the contract terms and provide to the artist the ability to acknowledge receipt of the terms before acknowledging agreement thereto. In any dispute regarding compliance with this subdivision, the talent service shall have the burden of proving that the artist received the terms and acknowledged agreement thereto.
(c) If the talent service offers to list or display information about an artist, including a photograph, on the service’s Internet Web site, online service, online application, or mobile application or on a Web site, online service, online application, or mobile application that the talent service has authority to design or alter, the contract shall contain a notice that the talent service will remove the listing and content within 10 days of a request by the artist or, in the case of a minor, the artist’s parent or guardian. The contract shall include a valid telephone number, mailing address, and email address for the talent service to which a request for removal may be made.
(d) A contract between an artist and a talent service shall be contained in a single document that includes the elements set forth in this section. A contract subject to this section that does not comply with subdivisions (a) to (f), inclusive, is voidable at the election of the artist and may be canceled by the artist at any time without any penalty or obligation.
(e) (1) An artist may cancel a contract or within 10 business days from the date he or she commences utilizing the services under the contract. An artist shall notify the talent service of the cancellation for talent services within 10 business days of the date he or she executed the contract by mailing, delivering, or sending by facsimile transmission to the talent service, a signed and dated copy of the cancellation notice or any other written notice of cancellation, or by sending a notice of cancellation via the Internet if the contract was executed in part or in whole through the Internet. A talent service shall refund all fees paid by, or on behalf of, an artist within 10 business days after delivery of the cancellation notice.
(2) Unless a talent service conspicuously discloses in the contract that cancellation is prohibited after the 10-day cancellation period described in paragraph (1), an artist may cancel a contract for talent services at any time after the 10-day cancellation period by mailing, delivering, or sending by facsimile transmission to the talent service a signed and dated copy of the cancellation notice or any other written notice of cancellation, or by sending a notice of cancellation via the Internet if the contract was executed in part or in whole through the Internet. Within 10 business days after delivery of the cancellation notice, the talent service shall refund to the artist on a pro rata basis all fees paid by, or on behalf of, the artist.
(f) A contract between an artist and a talent service shall have a term of not more than one year and shall not be renewed automatically.
(g) The talent service shall maintain the address set forth in the contract for receipt of cancellation and for removal of an Internet Web site or other listing, unless it furnishes the artist with written notice of a change of address. Written notice of a change of address may be done by email if the artist designates an email address in the contract for purposes of receiving written notice.
(h) The talent service shall advise a person inquiring about canceling a contract to follow the written procedures for cancellation set forth in the contract.
(i) Before the artist signs a contract and before the artist or any person acting on his or her behalf becomes obligated to pay or pays any fee, the talent service shall provide a copy of the contract to the artist for the artist to keep. If the contract was executed through the Internet, the talent service may provide a copy of the contract to the artist by making it available to be downloaded and printed through the Internet.
(j) The talent service shall maintain the original executed contract on file at its place of business.
SEC. 2.
Section 1703.4 of the Labor Code is amended to read:
1703.4.
(a) A talent service, its owners, directors, officers, agents, and employees shall not do any of the following through any means of communication, including, but not limited to, in person, through the use of a telecommunication device, in print, on the Internet, or through the use of a mobile or online application or other electronic communication:
(1) Make or cause to be made any advertisement or representation expressly or impliedly offering the opportunity for an artist to meet with or audition before any producer, director, casting director, or any associate thereof, or any other person who makes, or is represented to make, decisions for the process of hiring artists for employment as an artist, or any talent agent or talent manager, or any associate, representative, or designee thereof, unless the talent service maintains for inspection and copying written evidence of the supporting facts, including the name, business address, and job title of all persons conducting the meeting or audition, and the title of the production and the name of the production company.
(2) Make or cause to be made any advertisement or representation that any artist, whether identified or not, has obtained an audition, employment opportunity, or employment as an artist in whole or in part by use of the talent service unless the talent service maintains for inspection written evidence of the supporting facts upon which the claim is based, including the name of the artist and the approximate dates the talent service was used by the artist.
(3) Charge or attempt to charge an artist for an audition or employment opportunity.
(4) Require an artist, as a condition for using the talent service or for obtaining an additional benefit or preferential treatment from the talent service, to pay a fee for creating or providing photographs, filmstrips, videotapes, audition tapes, demonstration reels, or other reproductions of the artist, Internet Web sites, casting or talent brochures, or other promotional materials for the artist.
(5) Charge or attempt to charge an artist any fee not disclosed pursuant to paragraph (4) of subdivision (a) of Section 1703.
(6) Refer an artist to a person who charges the artist a fee for any service or any product in which the talent service, its owners, directors, officers, agents, or employees have a direct or indirect financial interest, unless the fee and the financial interest are conspicuously disclosed in a separate writing provided to the artist to keep prior to his or her execution of the contract with the talent service.
(7) Require an artist, as a condition for using a talent service or for obtaining any additional benefit or preferential treatment from the talent service, to pay a fee to any other talent service in which the talent service, its owners, directors, officers, agents, or employees have a direct or indirect financial interest.
(8) Accept any compensation or other consideration for referring an artist to any person charging the artist a fee.
(9) Fail to remove information about, or photographs of, the artist displayed on the talent service’s Internet Web site, online service, online application, or mobile application or an Internet Web site, online service, online application, or mobile application that the service has the authority to design or alter within 10 days of delivery of a request made by telephone, text message, mail, facsimile transmission, email, or other electronic communication from the artist or from a parent or guardian of the artist if the artist is a minor.
(b) A talent training service and talent counseling service and the owners, officers, directors, agents, and employees of the talent training service or talent counseling service shall not own, operate, or have a direct or indirect financial interest in a talent listing service.
(c) A talent listing service and its owners, officers, directors, agents, and employees shall not do any of the following:
(1) Own, operate, or have a direct or indirect financial interest in a talent training service or a talent counseling service.
(2) Provide a listing of an audition, job, or employment opportunity without written permission for the listing. A talent listing service shall keep and maintain a copy of all original listings; the name, business address, and business telephone number of the person granting permission to the talent listing service to use the listing; and the date the permission was granted.
(3) Make or cause to be made an advertisement or representation that includes the trademark, logo, name, word, or phrase of a company or organization, including a studio, production company, network, broadcaster, talent agency licensed pursuant to Section 1700.5, labor union, or labor organization as defined in Section 1117, in any manner that falsely or misleadingly suggests the endorsement, sponsorship, approval, or affiliation of a talent service.
SEC. 3.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
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The people of the State of California do enact as follows:
SECTION 1.
It is the intent of the Legislature, with the enactment of this act, to establish procedures to ensure that individuals move between Medi-Cal and the California Health Benefit Exchange without any breaks in coverage as required under subdivision (h) of Section 15926 of the Welfare and Institutions Code.
SEC. 2.
Section 14005.37 of the Welfare and Institutions Code is amended to read:
14005.37.
(a) Except as provided in Section 14005.39, a county shall perform redeterminations of eligibility for Medi-Cal beneficiaries every 12 months and shall promptly redetermine eligibility whenever the county receives information about changes in a beneficiary’s circumstances that may affect eligibility for Medi-Cal benefits. The procedures for redetermining Medi-Cal eligibility described in this section shall apply to all Medi-Cal beneficiaries.
(b) Loss of eligibility for cash aid under that program shall not result in a redetermination under this section unless the reason for the loss of eligibility is one that would result in the need for a redetermination for a person whose eligibility for Medi-Cal under Section 14005.30 was determined without a concurrent determination of eligibility for cash aid under the CalWORKs program.
(c) A loss of contact, as evidenced by the return of mail marked in such a way as to indicate that it could not be delivered to the intended recipient or that there was no forwarding address, shall require a prompt redetermination according to the procedures set forth in this section.
(d) Except as otherwise provided in this section, Medi-Cal eligibility shall continue during the redetermination process described in this section and a beneficiary’s Medi-Cal eligibility shall not be terminated under this section until the county makes a specific determination based on facts clearly demonstrating that the beneficiary is no longer eligible for Medi-Cal benefits under any basis and due process rights guaranteed under this division have been met. For the purposes of this subdivision, for a beneficiary who is subject to the use of MAGI-based financial methods, the determination of whether the beneficiary is eligible for Medi-Cal benefits under any basis shall include, but is not limited to, a determination of eligibility for Medi-Cal benefits on a basis that is exempt from the use of MAGI-based financial methods only if either of the following occurs:
(1) The county assesses the beneficiary as being potentially eligible under a program that is exempt from the use of MAGI-based financial methods, including, but not limited to, on the basis of age, blindness, disability, or the need for long-term care services and supports.
(2) The beneficiary requests that the county determine whether he or she is eligible for Medi-Cal benefits on a basis that is exempt from the use of MAGI-based financial methods.
(e) (1) For purposes of acquiring information necessary to conduct the eligibility redeterminations described in this section, a county shall gather information available to the county that is relevant to the beneficiary’s Medi-Cal eligibility prior to contacting the beneficiary. Sources for these efforts shall include information contained in the beneficiary’s file or other information, including more recent information available to the county, including, but not limited to, Medi-Cal, CalWORKs, and CalFresh case files of the beneficiary or of any of his or her immediate family members, which are open, or were closed within the last 90 days, information accessed through any databases accessed under Sections 435.948, 435.949, and 435.956 of Title 42 of the Code of Federal Regulations, and wherever feasible, other sources of relevant information reasonably available to the county or to the county via the department.
(2) In the case of an annual redetermination, if, based upon information obtained pursuant to paragraph (1), the county is able to make a determination of continued eligibility, the county shall notify the beneficiary of both of the following:
(A) The eligibility determination and the information it is based on.
(B) That the beneficiary is required to inform the county via the Internet, by telephone, by mail, in person, or through other commonly available electronic means, in counties where such electronic communication is available, if any information contained in the notice is inaccurate but that the beneficiary is not required to sign and return the notice if all information provided on the notice is accurate.
(3) The county shall make all reasonable efforts not to send multiple notices during the same time period about eligibility. The notice of eligibility renewal shall contain other related information such as if the beneficiary is in a new Medi-Cal program.
(4) In the case of a redetermination due to a change in circumstances, if a county determines that the change in circumstances does not affect the beneficiary’s eligibility status, the county shall not send the beneficiary a notice unless required to do so by federal law.
(f) (1) In the case of an annual eligibility redetermination, if the county is unable to determine continued eligibility based on the information obtained pursuant to paragraph (1) of subdivision (e), the beneficiary shall be so informed and shall be provided with an annual renewal form, at least 60 days before the beneficiary’s annual redetermination date, that is prepopulated with information that the county has obtained and that identifies any additional information needed by the county to determine eligibility. The form shall include all of the following:
(A) The requirement that he or she provide any necessary information to the county within 60 days of the date that the form is sent to the beneficiary.
(B) That the beneficiary may respond to the county via the Internet, by mail, by telephone, in person, or through other commonly available electronic means if those means are available in that county.
(C) That if the beneficiary chooses to return the form to the county in person or via mail, the beneficiary shall sign the form in order for it to be considered complete.
(D) The telephone number to call in order to obtain more information.
(2) The county shall attempt to contact the beneficiary via the Internet, by telephone, or through other commonly available electronic means, if those means are available in that county, during the 60-day period after the prepopulated form is mailed to the beneficiary to collect the necessary information if the beneficiary has not responded to the request for additional information or has provided an incomplete response.
(3) If the beneficiary has not provided any response to the written request for information sent pursuant to paragraph (1) within 60 days from the date the form is sent, the county shall terminate his or her eligibility for Medi-Cal benefits following the provision of timely notice.
(4) If the beneficiary responds to the written request for information during the 60-day period pursuant to paragraph (1) but the information provided is not complete, the county shall follow the procedures set forth in paragraph (3) of subdivision (g) to work with the beneficiary to complete the information.
(5) (A) The form required by this subdivision shall be developed by the department in consultation with the counties and representatives of eligibility workers and consumers.
(B) For beneficiaries whose eligibility is not determined using MAGI-based financial methods, the county may use existing renewal forms until the state develops prepopulated renewal forms to provide to beneficiaries. The department shall develop prepopulated renewal forms for use with beneficiaries whose eligibility is not determined using MAGI-based financial methods by January 1, 2015.
(g) (1) In the case of a redetermination due to change in circumstances, if a county cannot obtain sufficient information to redetermine eligibility pursuant to subdivision (e), the county shall send to the beneficiary a form that is prepopulated with the information that the county has obtained and that states the information needed to renew eligibility. The county shall only request information related to the change in circumstances. The county shall not request information or documentation that has been previously provided by the beneficiary, that is not absolutely necessary to complete the eligibility determination, or that is not subject to change. The county shall only request information for nonapplicants necessary to make an eligibility determination or for a purpose directly related to the administration of the state Medicaid plan. The form shall advise the individual to provide any necessary information to the county via the Internet, by telephone, by mail, in person, or through other commonly available electronic means and, if the individual will provide the form by mail or in person, to sign the form. The form shall include a telephone number to call in order to obtain more information. The form shall be developed by the department in consultation with the counties, representatives of consumers, and eligibility workers. A Medi-Cal beneficiary shall have 30 days from the date the form is mailed pursuant to this subdivision to respond. Except as provided in paragraph (2), failure to respond prior to the end of this 30-day period shall not impact his or her Medi-Cal eligibility.
(2) If the purpose for a redetermination under this section is a loss of contact with the Medi-Cal beneficiary, as evidenced by the return of mail marked in such a way as to indicate that it could not be delivered to the intended recipient or that there was no forwarding address, a return of the form described in this subdivision marked as undeliverable shall result in an immediate notice of action terminating Medi-Cal eligibility.
(3) During the 30-day period after the date of mailing of a form to the Medi-Cal beneficiary pursuant to this subdivision, the county shall attempt to contact the beneficiary by telephone, in writing, or other commonly available electronic means, in counties where such electronic communication is available, to request the necessary information if the beneficiary has not responded to the request for additional information or has provided an incomplete response. If the beneficiary does not supply the necessary information to the county within the 30-day limit, a 10-day notice of termination of Medi-Cal eligibility shall be sent.
(h) Beneficiaries shall be required to report any change in circumstances that may affect their eligibility within 10 calendar days following the date the change occurred.
(i) If within 90 days of termination of a Medi-Cal beneficiary’s eligibility or a change in eligibility status pursuant to this section, the beneficiary submits to the county a signed and completed form or otherwise provides the needed information to the county, eligibility shall be redetermined by the county and if the beneficiary is found eligible, or the beneficiary’s eligibility status has not changed, whichever applies, the termination shall be rescinded as though the form were submitted in a timely manner.
(j) If the information available to the county pursuant to the redetermination procedures of this section does not indicate a basis of eligibility, Medi-Cal benefits may be terminated so long as due process requirements have otherwise been met.
(k) The department shall, with the counties and representatives of consumers, including those with disabilities, and Medi-Cal eligibility workers, develop a timeframe for redetermination of Medi-Cal eligibility based upon disability, including ex parte review, the redetermination forms described in subdivisions (f) and (g), timeframes for responding to county or state requests for additional information, and the forms and procedures to be used. The forms and procedures shall be as consumer-friendly as possible for people with disabilities. The timeframe shall provide a reasonable and adequate opportunity for the Medi-Cal beneficiary to obtain and submit medical records and other information needed to establish eligibility for Medi-Cal based upon disability.
(l) The county shall consider blindness as continuing until the reviewing physician determines that a beneficiary’s vision has improved beyond the applicable definition of blindness contained in the plan.
(m) The county shall consider disability as continuing until the review team determines that a beneficiary’s disability no longer meets the applicable definition of disability contained in the plan.
(n) In the case of a redetermination due to a change in circumstances, if a county determines that the beneficiary remains eligible for Medi-Cal benefits, the county shall begin a new 12-month eligibility period.
(o) (1) For individuals determined ineligible for Medi-Cal by a county following the redetermination procedures set forth in this section, the county shall determine eligibility for other insurance affordability programs and if the individual is found to be eligible, the county shall, as appropriate, transfer the individual’s electronic account to other insurance affordability programs via a secure electronic interface.
(2) If the individual is eligible to enroll in a qualified health plan through the California Health Benefit Exchange established pursuant to Title 22 (commencing with Section 100500) of the Government Code, Medi-Cal benefits shall not be terminated until at least 20 days after the county sends the notice of action terminating Medi-Cal eligibility. The notice of action shall inform the individual of the date by which he or she must select and enroll in a qualified health plan through the Exchange to avoid being uninsured. This paragraph shall only be implemented to the extent that federal financial participation is available.
(p) Any renewal form or notice shall be accessible to persons who are limited-English proficient and persons with disabilities consistent with all federal and state requirements.
(q) The requirements to provide information in subdivisions (e) and (g), and to report changes in circumstances in subdivision (h), may be provided through any of the modes of submission allowed in Section 435.907(a) of Title 42 of the Code of Federal Regulations, including an Internet Web site identified by the department, telephone, mail, in person, and other commonly available electronic means as authorized by the department.
(r) Forms required to be signed by a beneficiary pursuant to this section shall be signed under penalty of perjury. Electronic signatures, telephonic signatures, and handwritten signatures transmitted by electronic transmission shall be accepted.
(s) For purposes of this section, “MAGI-based financial methods” means income calculated using the financial methodologies described in Section 1396a(e)(14) of Title 42 of the United States Code, and as added by the federal Patient Protection and Affordable Care Act (Public Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of 2010 (Public Law 111-152), and any subsequent amendments.
(t) When contacting a beneficiary under paragraphs (2) and (4) of subdivision (f), and paragraph (3) of subdivision (g), a county shall first attempt to use the method of contact identified by the beneficiary as the preferred method of contact, if a method has been identified.
(u) The department shall seek federal approval to extend the annual redetermination date under this section for a three-month period for those Medi-Cal beneficiaries whose annual redeterminations are scheduled to occur between January 1, 2014, and March 31, 2014.
(v) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department, without taking any further regulatory action, shall implement, interpret, or make specific this section by means of all-county letters, plan letters, plan or provider bulletins, or similar instructions until the time regulations are adopted. The department shall adopt regulations by July 1, 2017, in accordance with the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. Beginning six months after the effective date of this section, and notwithstanding Section 10231.5 of the Government Code, the department shall provide a status report to the Legislature on a semiannual basis, in compliance with Section 9795 of the Government Code, until regulations have been adopted.
(w) This section shall be implemented only if and to the extent that federal financial participation is available and any necessary federal approvals have been obtained.
SEC. 3.
Section 15927 is added to the Welfare and Institutions Code, immediately following Section 15926, to read:
15927.
(a) If an individual who has been enrolled in a qualified health plan through the Exchange is determined newly eligible for Medi-Cal through the California Healthcare Eligibility, Enrollment and Retention System (CalHEERS) developed under Section 15926, the individual’s case information and eligibility determination shall be referred to his or her county of residence within three business days.
(b) (1) If the referral indicates that an individual is eligible or conditionally eligible for MAGI Medi-Cal, the county shall prioritize the referral for processing to ensure the individual’s Medi-Cal eligibility is effective according to either of the following timelines, as applicable:
(A) If the referral is received with at least five business days remaining in the month, the county shall prioritize the referral for processing to ensure the individual’s Medi-Cal eligibility is effective on the first day of the following month.
(B) If the referral is received with less than five business days remaining in the month, the county shall prioritize the referral for processing to ensure the individual’s Medi-Cal eligibility is effective no later than the first day of the second month following receipt of the referral.
(2) If the referral requires follow-up to establish Medi-Cal eligibility, the county shall prioritize the referral for processing to ensure the individual’s Medi-Cal eligibility is effective no later than the first day of the second month following receipt of the referral.
SEC. 4.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | Existing law establishes various programs to provide health care coverage to persons with limited financial resources, including the Medi-Cal program and the state’s children’s health insurance program (CHIP). Existing law establishes the California Health Benefit Exchange (Exchange), pursuant to the federal Patient Protection and Affordable Care Act, and specifies the duties and powers of the board governing the Exchange relative to determining eligibility for enrollment in the Exchange and arranging for coverage under qualified health plans through the Exchange.
Existing law, the Health Care Reform Eligibility, Enrollment, and Retention Planning Act, requires an individual to have the option to apply for insurance affordability programs in person, by mail, online, by telephone, or by other commonly available electronic means. Existing law defines “insurance affordability programs” to include the Medi-Cal program, CHIP, and a program that makes available to qualified individuals coverage in a qualified health benefit plan through the Exchange with advance payment of the premium tax credit established under a specified provision of the Internal Revenue Code and a cost-sharing reduction under a specified provision of federal law. During the processing of an application, renewal, or a transition due to a change in circumstances, existing law requires an entity making eligibility determinations for an insurance affordability program to ensure that an eligible applicant and recipient of those programs that meets all program eligibility requirements and complies with all necessary requirements for information moves between programs without any breaks in coverage and without being required to provide any forms, documents, or other information or undergo verification that is duplicative or otherwise unnecessary.
This bill would establish procedures to ensure that eligible recipients of insurance affordability programs move between the Medi-Cal program and other insurance affordability programs without any breaks in coverage as required under the provision described above. The bill would require an individual’s case information and eligibility determination to be referred to his or her county of residence within 3 business days if the individual who has been enrolled in a qualified health plan through the Exchange is determined newly eligible for Medi-Cal through the California Healthcare Eligibility, Enrollment and Retention System (CalHEERS). The bill would require those referrals to be processed by the county, as specified, to ensure the individual’s Medi-Cal eligibility is effective pursuant to specified timelines.
The bill would generally prohibit, if an individual is eligible to enroll in a qualified health plan through the Exchange, Medi-Cal benefits from being terminated until at least 20 days after the county sends the notice of action terminating Medi-Cal eligibility, and would require the notice of action to inform the individual of the date by which he or she must select and enroll in a qualified health benefit plan through the Exchange, as specified. The bill would provide that this provision shall only be implemented to the extent that federal financial participation is available.
By modifying the enrollment process under the Medi-Cal program, thereby increasing the responsibilities of counties in the administration of the Medi-Cal program, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. | <bos>
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The people of the State of California do enact as follows:
SECTION 1.
It is the intent of the Legislature, with the enactment of this act, to establish procedures to ensure that individuals move between Medi-Cal and the California Health Benefit Exchange without any breaks in coverage as required under subdivision (h) of Section 15926 of the Welfare and Institutions Code.
SEC. 2.
Section 14005.37 of the Welfare and Institutions Code is amended to read:
14005.37.
(a) Except as provided in Section 14005.39, a county shall perform redeterminations of eligibility for Medi-Cal beneficiaries every 12 months and shall promptly redetermine eligibility whenever the county receives information about changes in a beneficiary’s circumstances that may affect eligibility for Medi-Cal benefits. The procedures for redetermining Medi-Cal eligibility described in this section shall apply to all Medi-Cal beneficiaries.
(b) Loss of eligibility for cash aid under that program shall not result in a redetermination under this section unless the reason for the loss of eligibility is one that would result in the need for a redetermination for a person whose eligibility for Medi-Cal under Section 14005.30 was determined without a concurrent determination of eligibility for cash aid under the CalWORKs program.
(c) A loss of contact, as evidenced by the return of mail marked in such a way as to indicate that it could not be delivered to the intended recipient or that there was no forwarding address, shall require a prompt redetermination according to the procedures set forth in this section.
(d) Except as otherwise provided in this section, Medi-Cal eligibility shall continue during the redetermination process described in this section and a beneficiary’s Medi-Cal eligibility shall not be terminated under this section until the county makes a specific determination based on facts clearly demonstrating that the beneficiary is no longer eligible for Medi-Cal benefits under any basis and due process rights guaranteed under this division have been met. For the purposes of this subdivision, for a beneficiary who is subject to the use of MAGI-based financial methods, the determination of whether the beneficiary is eligible for Medi-Cal benefits under any basis shall include, but is not limited to, a determination of eligibility for Medi-Cal benefits on a basis that is exempt from the use of MAGI-based financial methods only if either of the following occurs:
(1) The county assesses the beneficiary as being potentially eligible under a program that is exempt from the use of MAGI-based financial methods, including, but not limited to, on the basis of age, blindness, disability, or the need for long-term care services and supports.
(2) The beneficiary requests that the county determine whether he or she is eligible for Medi-Cal benefits on a basis that is exempt from the use of MAGI-based financial methods.
(e) (1) For purposes of acquiring information necessary to conduct the eligibility redeterminations described in this section, a county shall gather information available to the county that is relevant to the beneficiary’s Medi-Cal eligibility prior to contacting the beneficiary. Sources for these efforts shall include information contained in the beneficiary’s file or other information, including more recent information available to the county, including, but not limited to, Medi-Cal, CalWORKs, and CalFresh case files of the beneficiary or of any of his or her immediate family members, which are open, or were closed within the last 90 days, information accessed through any databases accessed under Sections 435.948, 435.949, and 435.956 of Title 42 of the Code of Federal Regulations, and wherever feasible, other sources of relevant information reasonably available to the county or to the county via the department.
(2) In the case of an annual redetermination, if, based upon information obtained pursuant to paragraph (1), the county is able to make a determination of continued eligibility, the county shall notify the beneficiary of both of the following:
(A) The eligibility determination and the information it is based on.
(B) That the beneficiary is required to inform the county via the Internet, by telephone, by mail, in person, or through other commonly available electronic means, in counties where such electronic communication is available, if any information contained in the notice is inaccurate but that the beneficiary is not required to sign and return the notice if all information provided on the notice is accurate.
(3) The county shall make all reasonable efforts not to send multiple notices during the same time period about eligibility. The notice of eligibility renewal shall contain other related information such as if the beneficiary is in a new Medi-Cal program.
(4) In the case of a redetermination due to a change in circumstances, if a county determines that the change in circumstances does not affect the beneficiary’s eligibility status, the county shall not send the beneficiary a notice unless required to do so by federal law.
(f) (1) In the case of an annual eligibility redetermination, if the county is unable to determine continued eligibility based on the information obtained pursuant to paragraph (1) of subdivision (e), the beneficiary shall be so informed and shall be provided with an annual renewal form, at least 60 days before the beneficiary’s annual redetermination date, that is prepopulated with information that the county has obtained and that identifies any additional information needed by the county to determine eligibility. The form shall include all of the following:
(A) The requirement that he or she provide any necessary information to the county within 60 days of the date that the form is sent to the beneficiary.
(B) That the beneficiary may respond to the county via the Internet, by mail, by telephone, in person, or through other commonly available electronic means if those means are available in that county.
(C) That if the beneficiary chooses to return the form to the county in person or via mail, the beneficiary shall sign the form in order for it to be considered complete.
(D) The telephone number to call in order to obtain more information.
(2) The county shall attempt to contact the beneficiary via the Internet, by telephone, or through other commonly available electronic means, if those means are available in that county, during the 60-day period after the prepopulated form is mailed to the beneficiary to collect the necessary information if the beneficiary has not responded to the request for additional information or has provided an incomplete response.
(3) If the beneficiary has not provided any response to the written request for information sent pursuant to paragraph (1) within 60 days from the date the form is sent, the county shall terminate his or her eligibility for Medi-Cal benefits following the provision of timely notice.
(4) If the beneficiary responds to the written request for information during the 60-day period pursuant to paragraph (1) but the information provided is not complete, the county shall follow the procedures set forth in paragraph (3) of subdivision (g) to work with the beneficiary to complete the information.
(5) (A) The form required by this subdivision shall be developed by the department in consultation with the counties and representatives of eligibility workers and consumers.
(B) For beneficiaries whose eligibility is not determined using MAGI-based financial methods, the county may use existing renewal forms until the state develops prepopulated renewal forms to provide to beneficiaries. The department shall develop prepopulated renewal forms for use with beneficiaries whose eligibility is not determined using MAGI-based financial methods by January 1, 2015.
(g) (1) In the case of a redetermination due to change in circumstances, if a county cannot obtain sufficient information to redetermine eligibility pursuant to subdivision (e), the county shall send to the beneficiary a form that is prepopulated with the information that the county has obtained and that states the information needed to renew eligibility. The county shall only request information related to the change in circumstances. The county shall not request information or documentation that has been previously provided by the beneficiary, that is not absolutely necessary to complete the eligibility determination, or that is not subject to change. The county shall only request information for nonapplicants necessary to make an eligibility determination or for a purpose directly related to the administration of the state Medicaid plan. The form shall advise the individual to provide any necessary information to the county via the Internet, by telephone, by mail, in person, or through other commonly available electronic means and, if the individual will provide the form by mail or in person, to sign the form. The form shall include a telephone number to call in order to obtain more information. The form shall be developed by the department in consultation with the counties, representatives of consumers, and eligibility workers. A Medi-Cal beneficiary shall have 30 days from the date the form is mailed pursuant to this subdivision to respond. Except as provided in paragraph (2), failure to respond prior to the end of this 30-day period shall not impact his or her Medi-Cal eligibility.
(2) If the purpose for a redetermination under this section is a loss of contact with the Medi-Cal beneficiary, as evidenced by the return of mail marked in such a way as to indicate that it could not be delivered to the intended recipient or that there was no forwarding address, a return of the form described in this subdivision marked as undeliverable shall result in an immediate notice of action terminating Medi-Cal eligibility.
(3) During the 30-day period after the date of mailing of a form to the Medi-Cal beneficiary pursuant to this subdivision, the county shall attempt to contact the beneficiary by telephone, in writing, or other commonly available electronic means, in counties where such electronic communication is available, to request the necessary information if the beneficiary has not responded to the request for additional information or has provided an incomplete response. If the beneficiary does not supply the necessary information to the county within the 30-day limit, a 10-day notice of termination of Medi-Cal eligibility shall be sent.
(h) Beneficiaries shall be required to report any change in circumstances that may affect their eligibility within 10 calendar days following the date the change occurred.
(i) If within 90 days of termination of a Medi-Cal beneficiary’s eligibility or a change in eligibility status pursuant to this section, the beneficiary submits to the county a signed and completed form or otherwise provides the needed information to the county, eligibility shall be redetermined by the county and if the beneficiary is found eligible, or the beneficiary’s eligibility status has not changed, whichever applies, the termination shall be rescinded as though the form were submitted in a timely manner.
(j) If the information available to the county pursuant to the redetermination procedures of this section does not indicate a basis of eligibility, Medi-Cal benefits may be terminated so long as due process requirements have otherwise been met.
(k) The department shall, with the counties and representatives of consumers, including those with disabilities, and Medi-Cal eligibility workers, develop a timeframe for redetermination of Medi-Cal eligibility based upon disability, including ex parte review, the redetermination forms described in subdivisions (f) and (g), timeframes for responding to county or state requests for additional information, and the forms and procedures to be used. The forms and procedures shall be as consumer-friendly as possible for people with disabilities. The timeframe shall provide a reasonable and adequate opportunity for the Medi-Cal beneficiary to obtain and submit medical records and other information needed to establish eligibility for Medi-Cal based upon disability.
(l) The county shall consider blindness as continuing until the reviewing physician determines that a beneficiary’s vision has improved beyond the applicable definition of blindness contained in the plan.
(m) The county shall consider disability as continuing until the review team determines that a beneficiary’s disability no longer meets the applicable definition of disability contained in the plan.
(n) In the case of a redetermination due to a change in circumstances, if a county determines that the beneficiary remains eligible for Medi-Cal benefits, the county shall begin a new 12-month eligibility period.
(o) (1) For individuals determined ineligible for Medi-Cal by a county following the redetermination procedures set forth in this section, the county shall determine eligibility for other insurance affordability programs and if the individual is found to be eligible, the county shall, as appropriate, transfer the individual’s electronic account to other insurance affordability programs via a secure electronic interface.
(2) If the individual is eligible to enroll in a qualified health plan through the California Health Benefit Exchange established pursuant to Title 22 (commencing with Section 100500) of the Government Code, Medi-Cal benefits shall not be terminated until at least 20 days after the county sends the notice of action terminating Medi-Cal eligibility. The notice of action shall inform the individual of the date by which he or she must select and enroll in a qualified health plan through the Exchange to avoid being uninsured. This paragraph shall only be implemented to the extent that federal financial participation is available.
(p) Any renewal form or notice shall be accessible to persons who are limited-English proficient and persons with disabilities consistent with all federal and state requirements.
(q) The requirements to provide information in subdivisions (e) and (g), and to report changes in circumstances in subdivision (h), may be provided through any of the modes of submission allowed in Section 435.907(a) of Title 42 of the Code of Federal Regulations, including an Internet Web site identified by the department, telephone, mail, in person, and other commonly available electronic means as authorized by the department.
(r) Forms required to be signed by a beneficiary pursuant to this section shall be signed under penalty of perjury. Electronic signatures, telephonic signatures, and handwritten signatures transmitted by electronic transmission shall be accepted.
(s) For purposes of this section, “MAGI-based financial methods” means income calculated using the financial methodologies described in Section 1396a(e)(14) of Title 42 of the United States Code, and as added by the federal Patient Protection and Affordable Care Act (Public Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of 2010 (Public Law 111-152), and any subsequent amendments.
(t) When contacting a beneficiary under paragraphs (2) and (4) of subdivision (f), and paragraph (3) of subdivision (g), a county shall first attempt to use the method of contact identified by the beneficiary as the preferred method of contact, if a method has been identified.
(u) The department shall seek federal approval to extend the annual redetermination date under this section for a three-month period for those Medi-Cal beneficiaries whose annual redeterminations are scheduled to occur between January 1, 2014, and March 31, 2014.
(v) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department, without taking any further regulatory action, shall implement, interpret, or make specific this section by means of all-county letters, plan letters, plan or provider bulletins, or similar instructions until the time regulations are adopted. The department shall adopt regulations by July 1, 2017, in accordance with the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. Beginning six months after the effective date of this section, and notwithstanding Section 10231.5 of the Government Code, the department shall provide a status report to the Legislature on a semiannual basis, in compliance with Section 9795 of the Government Code, until regulations have been adopted.
(w) This section shall be implemented only if and to the extent that federal financial participation is available and any necessary federal approvals have been obtained.
SEC. 3.
Section 15927 is added to the Welfare and Institutions Code, immediately following Section 15926, to read:
15927.
(a) If an individual who has been enrolled in a qualified health plan through the Exchange is determined newly eligible for Medi-Cal through the California Healthcare Eligibility, Enrollment and Retention System (CalHEERS) developed under Section 15926, the individual’s case information and eligibility determination shall be referred to his or her county of residence within three business days.
(b) (1) If the referral indicates that an individual is eligible or conditionally eligible for MAGI Medi-Cal, the county shall prioritize the referral for processing to ensure the individual’s Medi-Cal eligibility is effective according to either of the following timelines, as applicable:
(A) If the referral is received with at least five business days remaining in the month, the county shall prioritize the referral for processing to ensure the individual’s Medi-Cal eligibility is effective on the first day of the following month.
(B) If the referral is received with less than five business days remaining in the month, the county shall prioritize the referral for processing to ensure the individual’s Medi-Cal eligibility is effective no later than the first day of the second month following receipt of the referral.
(2) If the referral requires follow-up to establish Medi-Cal eligibility, the county shall prioritize the referral for processing to ensure the individual’s Medi-Cal eligibility is effective no later than the first day of the second month following receipt of the referral.
SEC. 4.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
### Summary:
<bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos> |
The people of the State of California do enact as follows:
SECTION 1.
Section 166 of the Penal Code is amended to read:
166.
(a) Except as provided in subdivisions (b), (c), and (d), a person guilty of any of the following contempts of court is guilty of a misdemeanor:
(1) Disorderly, contemptuous, or insolent behavior committed during the sitting of a court of justice, in the immediate view and presence of the court, and directly tending to interrupt its proceedings or to impair the respect due to its authority.
(2) Behavior specified in paragraph (1) that is committed in the presence of a referee, while actually engaged in a trial or hearing, pursuant to the order of a court, or in the presence of any jury while actually sitting for the trial of a cause, or upon an inquest or other proceeding authorized by law.
(3) A breach of the peace, noise, or other disturbance directly tending to interrupt the proceedings of the court.
(4) Willful disobedience of the terms as written of any process or court order or out-of-state court order, lawfully issued by a court, including orders pending trial.
(5) Resistance willfully offered by any person to the lawful order or process of a court.
(6) The contumacious and unlawful refusal of a person to be sworn as a witness or, when so sworn, the like refusal to answer a material question.
(7) The publication of a false or grossly inaccurate report of the proceedings of a court.
(8) Presenting to a court having power to pass sentence upon a prisoner under conviction, or to a member of the court, an affidavit, testimony, or representation of any kind, verbal or written, in aggravation or mitigation of the punishment to be imposed upon the prisoner, except as provided in this code.
(9) Willful disobedience of the terms of an injunction that restrains the activities of a criminal street gang or any of its members, lawfully issued by a court, including an order pending trial.
(b) (1) A person who is guilty of contempt of court under paragraph (4) of subdivision (a) by willfully contacting a victim by telephone or mail, or directly, and who has been previously convicted of a violation of Section 646.9 shall be punished by imprisonment in a county jail for not more than one year, by a fine of five thousand dollars ($5,000), or by both that fine and imprisonment.
(2) For the purposes of sentencing under this subdivision, each contact shall constitute a separate violation of this subdivision.
(3) The present incarceration of a person who makes contact with a victim in violation of paragraph (1) is not a defense to a violation of this subdivision.
(c) (1) Notwithstanding paragraph (4) of subdivision (a), a willful and knowing violation of a protective order or stay-away court order described as follows shall constitute contempt of court, a misdemeanor, punishable by imprisonment in a county jail for not more than one year, by a fine of not more than one thousand dollars ($1,000), or by both that imprisonment and fine:
(A) An order issued pursuant to Section 136.2.
(B) An order issued pursuant to paragraph (2) of subdivision (a) of Section 1203.097.
(C) An order issued after a conviction in a criminal proceeding involving elder or dependent adult abuse, as defined in Section 368.
(D) An order issued pursuant to Section 1201.3.
(E) An order described in paragraph (3).
(F) An order issued pursuant to subdivision (j) of Section 273.5.
(2) If a violation of paragraph (1) results in a physical injury, the person shall be imprisoned in a county jail for at least 48 hours, whether a fine or imprisonment is imposed, or the sentence is suspended.
(3) Paragraphs (1) and (2) apply to the following court orders:
(A) An order issued pursuant to Section 6320 or 6389 of the Family Code.
(B) An order excluding one party from the family dwelling or from the dwelling of the other.
(C) An order enjoining a party from specified behavior that the court determined was necessary to effectuate the orders described in paragraph (1).
(4) A second or subsequent conviction for a violation of an order described in paragraph (1) occurring within seven years of a prior conviction for a violation of any of those orders and involving an act of violence or “a credible threat” of violence, as provided in subdivision (c) of Section 139, is punishable by imprisonment in a county jail not to exceed one year, or in the state prison for 16 months or two or three years.
(5) The prosecuting agency of each county shall have the primary responsibility for the enforcement of the orders described in paragraph (1).
(d) (1) A person who owns, possesses, purchases, or receives a firearm knowing he or she is prohibited from doing so by the provisions of a protective order as defined in Section 136.2 of this code, Section 6218 of the Family Code, or Section 527.6 or 527.8 of the Code of Civil Procedure, shall be punished under Section 29825.
(2) A person subject to a protective order described in paragraph (1) shall not be prosecuted under this section for owning, possessing, purchasing, or receiving a firearm to the extent that firearm is granted an exemption pursuant to subdivision (h) of Section 6389 of the Family Code.
(e) (1) If probation is granted upon conviction of a violation of subdivision (c), the court shall impose probation consistent with Section 1203.097.
(2) If probation is granted upon conviction of a violation of subdivision (c), the conditions of probation may include, in lieu of a fine, one or both of the following requirements:
(A) That the defendant make payments to a battered women’s shelter, up to a maximum of one thousand dollars ($1,000).
(B) That the defendant provide restitution to reimburse the victim for reasonable costs of counseling and other reasonable expenses that the court finds are the direct result of the defendant’s offense.
(3) For an order to pay a fine, make payments to a battered women’s shelter, or pay restitution as a condition of probation under this subdivision or subdivision (c), the court shall make a determination of the defendant’s ability to pay. In no event shall an order to make payments to a battered women’s shelter be made if it would impair the ability of the defendant to pay direct restitution to the victim or court-ordered child support.
(4) If the injury to a married person is caused in whole, or in part, by the criminal acts of his or her spouse in violation of subdivision (c), the community property shall not be used to discharge the liability of the offending spouse for restitution to the injured spouse required by Section 1203.04, as operative on or before August 2, 1995, or Section 1202.4, or to a shelter for costs with regard to the injured spouse and dependents required by this subdivision, until all separate property of the offending spouse is exhausted.
(5) A person violating an order described in subdivision (c) may be punished for any substantive offenses described under Section 136.1 or 646.9. A finding of contempt shall not be a bar to prosecution for a violation of Section 136.1 or 646.9. However, a person held in contempt for a violation of subdivision (c) shall be entitled to credit for any punishment imposed as a result of that violation against any sentence imposed upon conviction of an offense described in Section 136.1 or 646.9. A conviction or acquittal for a substantive offense under Section 136.1 or 646.9 shall be a bar to a subsequent punishment for contempt arising out of the same act.
SEC. 2.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. | Existing law generally punishes the willful disobedience of the terms of a court order as contempt of court by imprisonment in a county jail not exceeding 6 months, a fine not exceeding $1,000, or both that imprisonment and fine. Existing law makes the willful and knowing violation of specified protective orders or stay-away court orders punishable by imprisonment in a county jail for not more than one year, or by a fine of not more than $1,000, or by both that imprisonment and fine for a first offense, and makes a 2nd or subsequent conviction for a violation of these specified protective orders or stay-away court orders occurring within 7 years of a prior conviction and involving an act of violence or credible threat of violence punishable as either a misdemeanor or a felony. If probation is granted upon conviction of a willful and knowing violation of these specified protective orders or stay-away court orders, existing law requires the court to impose a minimum period of probation of 36 months, a criminal protective order protecting the victim from further acts of violence, threats, stalking, sexual abuse, and harassment, a minimum fine of $500, successful completion of a batterer’s program, and a specified amount of appropriate community service, among other requirements.
Under existing law, any person who willfully inflicts corporal injury resulting in a traumatic condition upon a spouse or former spouse, cohabitant or former cohabitant, fiancé or fiancée, or someone with whom the offender has, or previously had, an engagement or dating relationship, or the mother or father of the offender’s child, is guilty of a felony or a misdemeanor. Upon a conviction, existing law allows the sentencing court to issue an order restraining the defendant from any contact with the victim for up to 10 years.
This bill would make a violation of the above protective order issued for the conviction of inflicting a corporal injury resulting in a traumatic condition punishable by imprisonment in a county jail not exceeding one year, or by a fine not exceeding $1,000, or by both that imprisonment and fine. The bill would make a 2nd or subsequent violation occurring within 7 years involving an act of violence or a credible threat of violence punishable as a felony or a misdemeanor. If probation is granted for a violation of these protective orders, this bill would require the court to impose a minimum period of probation of 36 months, a criminal protective order protecting the victim from further acts of violence, threats, stalking, sexual abuse, and harassment, a minimum fine of $500, successful completion of a batterer’s program, and a specified amount of appropriate community service, among other requirements. By increasing the punishment for a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
Section 166 of the Penal Code is amended to read:
166.
(a) Except as provided in subdivisions (b), (c), and (d), a person guilty of any of the following contempts of court is guilty of a misdemeanor:
(1) Disorderly, contemptuous, or insolent behavior committed during the sitting of a court of justice, in the immediate view and presence of the court, and directly tending to interrupt its proceedings or to impair the respect due to its authority.
(2) Behavior specified in paragraph (1) that is committed in the presence of a referee, while actually engaged in a trial or hearing, pursuant to the order of a court, or in the presence of any jury while actually sitting for the trial of a cause, or upon an inquest or other proceeding authorized by law.
(3) A breach of the peace, noise, or other disturbance directly tending to interrupt the proceedings of the court.
(4) Willful disobedience of the terms as written of any process or court order or out-of-state court order, lawfully issued by a court, including orders pending trial.
(5) Resistance willfully offered by any person to the lawful order or process of a court.
(6) The contumacious and unlawful refusal of a person to be sworn as a witness or, when so sworn, the like refusal to answer a material question.
(7) The publication of a false or grossly inaccurate report of the proceedings of a court.
(8) Presenting to a court having power to pass sentence upon a prisoner under conviction, or to a member of the court, an affidavit, testimony, or representation of any kind, verbal or written, in aggravation or mitigation of the punishment to be imposed upon the prisoner, except as provided in this code.
(9) Willful disobedience of the terms of an injunction that restrains the activities of a criminal street gang or any of its members, lawfully issued by a court, including an order pending trial.
(b) (1) A person who is guilty of contempt of court under paragraph (4) of subdivision (a) by willfully contacting a victim by telephone or mail, or directly, and who has been previously convicted of a violation of Section 646.9 shall be punished by imprisonment in a county jail for not more than one year, by a fine of five thousand dollars ($5,000), or by both that fine and imprisonment.
(2) For the purposes of sentencing under this subdivision, each contact shall constitute a separate violation of this subdivision.
(3) The present incarceration of a person who makes contact with a victim in violation of paragraph (1) is not a defense to a violation of this subdivision.
(c) (1) Notwithstanding paragraph (4) of subdivision (a), a willful and knowing violation of a protective order or stay-away court order described as follows shall constitute contempt of court, a misdemeanor, punishable by imprisonment in a county jail for not more than one year, by a fine of not more than one thousand dollars ($1,000), or by both that imprisonment and fine:
(A) An order issued pursuant to Section 136.2.
(B) An order issued pursuant to paragraph (2) of subdivision (a) of Section 1203.097.
(C) An order issued after a conviction in a criminal proceeding involving elder or dependent adult abuse, as defined in Section 368.
(D) An order issued pursuant to Section 1201.3.
(E) An order described in paragraph (3).
(F) An order issued pursuant to subdivision (j) of Section 273.5.
(2) If a violation of paragraph (1) results in a physical injury, the person shall be imprisoned in a county jail for at least 48 hours, whether a fine or imprisonment is imposed, or the sentence is suspended.
(3) Paragraphs (1) and (2) apply to the following court orders:
(A) An order issued pursuant to Section 6320 or 6389 of the Family Code.
(B) An order excluding one party from the family dwelling or from the dwelling of the other.
(C) An order enjoining a party from specified behavior that the court determined was necessary to effectuate the orders described in paragraph (1).
(4) A second or subsequent conviction for a violation of an order described in paragraph (1) occurring within seven years of a prior conviction for a violation of any of those orders and involving an act of violence or “a credible threat” of violence, as provided in subdivision (c) of Section 139, is punishable by imprisonment in a county jail not to exceed one year, or in the state prison for 16 months or two or three years.
(5) The prosecuting agency of each county shall have the primary responsibility for the enforcement of the orders described in paragraph (1).
(d) (1) A person who owns, possesses, purchases, or receives a firearm knowing he or she is prohibited from doing so by the provisions of a protective order as defined in Section 136.2 of this code, Section 6218 of the Family Code, or Section 527.6 or 527.8 of the Code of Civil Procedure, shall be punished under Section 29825.
(2) A person subject to a protective order described in paragraph (1) shall not be prosecuted under this section for owning, possessing, purchasing, or receiving a firearm to the extent that firearm is granted an exemption pursuant to subdivision (h) of Section 6389 of the Family Code.
(e) (1) If probation is granted upon conviction of a violation of subdivision (c), the court shall impose probation consistent with Section 1203.097.
(2) If probation is granted upon conviction of a violation of subdivision (c), the conditions of probation may include, in lieu of a fine, one or both of the following requirements:
(A) That the defendant make payments to a battered women’s shelter, up to a maximum of one thousand dollars ($1,000).
(B) That the defendant provide restitution to reimburse the victim for reasonable costs of counseling and other reasonable expenses that the court finds are the direct result of the defendant’s offense.
(3) For an order to pay a fine, make payments to a battered women’s shelter, or pay restitution as a condition of probation under this subdivision or subdivision (c), the court shall make a determination of the defendant’s ability to pay. In no event shall an order to make payments to a battered women’s shelter be made if it would impair the ability of the defendant to pay direct restitution to the victim or court-ordered child support.
(4) If the injury to a married person is caused in whole, or in part, by the criminal acts of his or her spouse in violation of subdivision (c), the community property shall not be used to discharge the liability of the offending spouse for restitution to the injured spouse required by Section 1203.04, as operative on or before August 2, 1995, or Section 1202.4, or to a shelter for costs with regard to the injured spouse and dependents required by this subdivision, until all separate property of the offending spouse is exhausted.
(5) A person violating an order described in subdivision (c) may be punished for any substantive offenses described under Section 136.1 or 646.9. A finding of contempt shall not be a bar to prosecution for a violation of Section 136.1 or 646.9. However, a person held in contempt for a violation of subdivision (c) shall be entitled to credit for any punishment imposed as a result of that violation against any sentence imposed upon conviction of an offense described in Section 136.1 or 646.9. A conviction or acquittal for a substantive offense under Section 136.1 or 646.9 shall be a bar to a subsequent punishment for contempt arising out of the same act.
SEC. 2.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
### Summary:
<bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos> |
The people of the State of California do enact as follows:
SECTION 1.
Section 1367.255 is added to the Health and Safety Code, immediately following Section 1367.25, to read:
1367.255.
(a) Notwithstanding any other law, a health care service plan is not required to include abortion as a covered benefit. The director shall not deny, suspend, or revoke the license of, or otherwise sanction or discriminate against, a licensee on the basis that the licensee excludes coverage for abortions pursuant to this section.
(b) This section does not require a health care service plan to exclude or restrict coverage for abortions.
SECTION 1.
Section 1367 of the
Health and Safety Code
is amended to read:
1367.
A health care service plan and, if applicable, a specialized health care service plan shall meet the following requirements:
(a)Facilities located in this state, including, but not limited to, clinics, hospitals, and skilled nursing facilities to be utilized by the plan shall be licensed by the State Department of Public Health, where licensure is required by law. Facilities not located in this state shall conform to all licensing and other requirements of the jurisdiction in which they are located.
(b)Personnel employed by, or under contract with, the plan shall be licensed or certified by their respective board or agency, where licensure or certification is required by law.
(c)Equipment required to be licensed or registered by law shall be so licensed or registered, and the operating personnel for that equipment shall be licensed or certified as required by law.
(d)The plan shall furnish services in a manner providing continuity of care and ready referral of patients to other providers at times as may be appropriate consistent with good professional practice.
(e)(1)All services shall be readily available at reasonable times to each enrollee consistent with good professional practice. To the extent feasible, the plan shall make all services readily accessible to all enrollees consistent with Section 1367.03.
(2)To the extent that telehealth services are appropriately provided through telehealth, as defined in subdivision (a) of Section 2290.5 of the Business and Professions Code, these services shall be considered in determining compliance with Section 1300.67.2 of Title 28 of the California Code of Regulations.
(3)The plan shall make all services accessible and appropriate consistent with Section 1367.04.
(f)The plan shall employ and utilize allied health manpower for the furnishing of services to the extent permitted by law and consistent with good medical practice.
(g)The plan shall have the organizational and administrative capacity to provide services to subscribers and enrollees. The plan shall be able to demonstrate to the department that medical decisions are rendered by qualified medical providers, unhindered by fiscal and administrative management.
(h)(1)Contracts with subscribers and enrollees, including group contracts, and contracts with providers, and other persons furnishing services, equipment, or facilities to, or in connection with, the plan, shall be fair, reasonable, and consistent with the objectives of this chapter. All contracts with providers shall contain provisions requiring a fast, fair, and cost-effective dispute resolution mechanism under which providers may submit disputes to the plan, and requiring the plan to inform its providers upon contracting with the plan or upon change to these provisions, of the procedures for processing and resolving disputes, including the location and telephone number where information regarding disputes may be submitted.
(2)A health care service plan shall ensure that a dispute resolution mechanism is accessible to noncontracting providers for the purpose of resolving billing and claims disputes.
(3)A health care service plan shall annually submit a report to the department regarding its dispute resolution mechanism. The report shall include information on the number of providers who utilized the dispute resolution mechanism and a summary of the disposition of those disputes.
(i)A health care service plan contract shall provide to subscribers and enrollees all of the basic health care services included in subdivision (b) of Section 1345, except that the director may, for good cause, by rule or order exempt a plan contract or any class of plan contracts from that requirement. The director shall by rule define the scope of each basic health care service that health care service plans are required to provide as a minimum for licensure under this chapter. Nothing in this chapter shall prohibit a health care service plan from charging subscribers or enrollees a copayment or a deductible for a basic health care service consistent with Section 1367.006 or 1367.007, provided that the copayments, deductibles, or other cost sharing are reported to the director and set forth to the subscriber or enrollee pursuant to the disclosure provisions of Section 1363. Nothing in this chapter shall prohibit a health care service plan from setting forth, by contract, limitations on maximum coverage of basic health care services, provided that the limitations are reported to, and held unobjectionable by, the director and set forth to the subscriber or enrollee pursuant to the disclosure provisions of Section 1363.
(j)(1)A health care service plan shall not require registration under the federal Controlled Substances Act (21 U.S.C. Sec. 801 et seq.) as a condition for participation by an optometrist certified to use therapeutic pharmaceutical agents pursuant to Section 3041.3 of the Business and Professions Code.
(2)This section shall not be construed to permit the director to establish the rates charged subscribers and enrollees for contractual health care services.
(3)The director’s enforcement of Article 3.1 (commencing with Section 1357) shall not be deemed to establish the rates charged subscribers and enrollees for contractual health care services.
(4)The obligation of the plan to comply with this chapter shall not be waived when the plan delegates services that it is required to perform to its medical groups, independent practice associations, or other contracting entities. | Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the regulation of health care service plans by the Department of Managed Health Care. Under existing law, the Director of Managed Health Care may, after appropriate notice and opportunity for a hearing, by order suspend or revoke a license issued under the act or assess administrative penalties if the director determines that the licensee has committed an act or omission constituting grounds for disciplinary action.
This bill would provide that a health care service plan is not required to include abortion as a covered benefit. The bill would prohibit the director from denying a license, or disciplining a licensee, on the basis that the plan excludes coverage for abortions.
Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care. Existing law requires health care service plans and, if applicable, specialized health care service plans, to meet specified criteria, including requiring the appropriate licensure of facilities and personnel. Willful violation of that act a crime.
This bill would make technical, nonsubstantive changes to these provisions. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
Section 1367.255 is added to the Health and Safety Code, immediately following Section 1367.25, to read:
1367.255.
(a) Notwithstanding any other law, a health care service plan is not required to include abortion as a covered benefit. The director shall not deny, suspend, or revoke the license of, or otherwise sanction or discriminate against, a licensee on the basis that the licensee excludes coverage for abortions pursuant to this section.
(b) This section does not require a health care service plan to exclude or restrict coverage for abortions.
SECTION 1.
Section 1367 of the
Health and Safety Code
is amended to read:
1367.
A health care service plan and, if applicable, a specialized health care service plan shall meet the following requirements:
(a)Facilities located in this state, including, but not limited to, clinics, hospitals, and skilled nursing facilities to be utilized by the plan shall be licensed by the State Department of Public Health, where licensure is required by law. Facilities not located in this state shall conform to all licensing and other requirements of the jurisdiction in which they are located.
(b)Personnel employed by, or under contract with, the plan shall be licensed or certified by their respective board or agency, where licensure or certification is required by law.
(c)Equipment required to be licensed or registered by law shall be so licensed or registered, and the operating personnel for that equipment shall be licensed or certified as required by law.
(d)The plan shall furnish services in a manner providing continuity of care and ready referral of patients to other providers at times as may be appropriate consistent with good professional practice.
(e)(1)All services shall be readily available at reasonable times to each enrollee consistent with good professional practice. To the extent feasible, the plan shall make all services readily accessible to all enrollees consistent with Section 1367.03.
(2)To the extent that telehealth services are appropriately provided through telehealth, as defined in subdivision (a) of Section 2290.5 of the Business and Professions Code, these services shall be considered in determining compliance with Section 1300.67.2 of Title 28 of the California Code of Regulations.
(3)The plan shall make all services accessible and appropriate consistent with Section 1367.04.
(f)The plan shall employ and utilize allied health manpower for the furnishing of services to the extent permitted by law and consistent with good medical practice.
(g)The plan shall have the organizational and administrative capacity to provide services to subscribers and enrollees. The plan shall be able to demonstrate to the department that medical decisions are rendered by qualified medical providers, unhindered by fiscal and administrative management.
(h)(1)Contracts with subscribers and enrollees, including group contracts, and contracts with providers, and other persons furnishing services, equipment, or facilities to, or in connection with, the plan, shall be fair, reasonable, and consistent with the objectives of this chapter. All contracts with providers shall contain provisions requiring a fast, fair, and cost-effective dispute resolution mechanism under which providers may submit disputes to the plan, and requiring the plan to inform its providers upon contracting with the plan or upon change to these provisions, of the procedures for processing and resolving disputes, including the location and telephone number where information regarding disputes may be submitted.
(2)A health care service plan shall ensure that a dispute resolution mechanism is accessible to noncontracting providers for the purpose of resolving billing and claims disputes.
(3)A health care service plan shall annually submit a report to the department regarding its dispute resolution mechanism. The report shall include information on the number of providers who utilized the dispute resolution mechanism and a summary of the disposition of those disputes.
(i)A health care service plan contract shall provide to subscribers and enrollees all of the basic health care services included in subdivision (b) of Section 1345, except that the director may, for good cause, by rule or order exempt a plan contract or any class of plan contracts from that requirement. The director shall by rule define the scope of each basic health care service that health care service plans are required to provide as a minimum for licensure under this chapter. Nothing in this chapter shall prohibit a health care service plan from charging subscribers or enrollees a copayment or a deductible for a basic health care service consistent with Section 1367.006 or 1367.007, provided that the copayments, deductibles, or other cost sharing are reported to the director and set forth to the subscriber or enrollee pursuant to the disclosure provisions of Section 1363. Nothing in this chapter shall prohibit a health care service plan from setting forth, by contract, limitations on maximum coverage of basic health care services, provided that the limitations are reported to, and held unobjectionable by, the director and set forth to the subscriber or enrollee pursuant to the disclosure provisions of Section 1363.
(j)(1)A health care service plan shall not require registration under the federal Controlled Substances Act (21 U.S.C. Sec. 801 et seq.) as a condition for participation by an optometrist certified to use therapeutic pharmaceutical agents pursuant to Section 3041.3 of the Business and Professions Code.
(2)This section shall not be construed to permit the director to establish the rates charged subscribers and enrollees for contractual health care services.
(3)The director’s enforcement of Article 3.1 (commencing with Section 1357) shall not be deemed to establish the rates charged subscribers and enrollees for contractual health care services.
(4)The obligation of the plan to comply with this chapter shall not be waived when the plan delegates services that it is required to perform to its medical groups, independent practice associations, or other contracting entities.
### Summary:
<bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos> |
The people of the State of California do enact as follows:
SECTION 1.
Section 11174.32 of the Penal Code is amended to read:
11174.32.
(a) Each county may establish an interagency child death review team to assist local agencies in identifying and reviewing suspicious child deaths and facilitating communication among persons who perform autopsies and the various persons and agencies involved in child abuse or neglect cases. Interagency child death review teams have been used successfully to ensure that incidents of child abuse or neglect are recognized and other siblings and nonoffending family members receive the appropriate services in cases where a child has expired.
(b) Each county may develop a protocol that may be used as a guideline by persons performing autopsies on children to assist coroners and other persons who perform autopsies in the identification of child abuse or neglect, in the determination of whether child abuse or neglect contributed to death or whether child abuse or neglect had occurred prior to but was not the actual cause of death, and in the proper written reporting procedures for child abuse or neglect, including the designation of the cause and mode of death.
(c) In developing an interagency child death review team and an autopsy protocol, each county, working in consultation with local members of the California State Coroner’s Association and county child abuse prevention coordinating councils, may solicit suggestions and final comments from persons, including, but not limited to, the following:
(1) Experts in the field of forensic pathology.
(2) Pediatricians with expertise in child abuse.
(3) Coroners and medical examiners.
(4) Criminologists.
(5) District attorneys.
(6) Child protective services staff.
(7) Law enforcement personnel.
(8) Representatives of local agencies which are involved with child abuse or neglect reporting.
(9) County health department staff who deals with children’s health issues.
(10) Local professional associations of persons described in paragraphs (1) to (9), inclusive.
(d) Records exempt from disclosure to third parties pursuant to state or federal law shall remain exempt from disclosure when they are in the possession of a child death review team.
(e) Written and oral information pertaining to the child's death as requested by a child death review team may be disclosed to a child death review team established pursuant to this section. The team may make a request, in writing, for the information sought and any person with information of the kind described in paragraph (2) may rely on the request in determining whether information may be disclosed to the team.
(1) An individual or agency that has information governed by this subdivision shall not be required to disclose information. The intent of this subdivision is to allow the voluntary disclosure of information by the individual or agency that has the information.
(2) The following information may be disclosed pursuant to this subdivision:
(A) Notwithstanding Section 56.10 of the Civil Code, medical information, unless disclosure is prohibited by federal law.
(B) Notwithstanding Section 5328 of the Welfare and Institutions Code, mental health information.
(C) Notwithstanding Section 11167.5, information from child abuse reports and investigations, except the identity of the person making the report, which shall not be disclosed.
(D) State summary criminal history information, criminal offender record information, and local summary criminal history information, as defined in Sections 11105, 11075, and 13300, respectively.
(E) Notwithstanding Section 11163.2, information pertaining to reports by health practitioners of persons suffering from physical injuries inflicted by means of a firearm or of persons suffering physical injury where the injury is a result of assaultive or abusive conduct.
(F) Notwithstanding Section 10850 of the Welfare and Institutions Code, records of in-home supportive services, unless disclosure is prohibited by federal law.
(3) Written or oral information disclosed to a child death review team pursuant to this subdivision shall remain confidential, and shall not be subject to disclosure or discovery by a third party unless otherwise required by law.
(f) (1) No less than once each year, each child death review team shall make available to the public findings, conclusions and recommendations of the team, including aggregate statistical data on the incidences and causes of child deaths.
(2) In its report, the child death review team shall withhold the last name of the child that is subject to a review or the name of the deceased child’s siblings unless the name has been publicly disclosed or is required to be disclosed by state law, federal law, or court order.
SEC. 2.
The Legislature finds and declares that Section 1 of this act, which amends Section 11174.32 of the Penal Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
In order to facilitate the voluntary disclosure of confidential information to child death review teams and to retain the confidentiality of that information, the limitations on the public’s right of access imposed by Section 1 of this act are necessary. | Existing law authorizes a county to establish an interagency child death review team to assist local agencies in identifying and reviewing suspicious child deaths and facilitating communication among persons who perform autopsies and the various persons and agencies involved in child abuse or neglect cases. Existing law requires records that are exempt from disclosure to 3rd parties pursuant to state or federal law to remain exempt from disclosure when they are in the possession of a child death review team.
This bill would authorize the voluntary disclosure of specified information, including mental health records, criminal history information, and child abuse reports, by an individual or agency to an interagency child death review team. The bill would provide that written or oral information disclosed to a child death review team pursuant to these provisions would remain confidential, and would not be subject to disclosure or discovery by a 3rd party unless otherwise required by law.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
Section 11174.32 of the Penal Code is amended to read:
11174.32.
(a) Each county may establish an interagency child death review team to assist local agencies in identifying and reviewing suspicious child deaths and facilitating communication among persons who perform autopsies and the various persons and agencies involved in child abuse or neglect cases. Interagency child death review teams have been used successfully to ensure that incidents of child abuse or neglect are recognized and other siblings and nonoffending family members receive the appropriate services in cases where a child has expired.
(b) Each county may develop a protocol that may be used as a guideline by persons performing autopsies on children to assist coroners and other persons who perform autopsies in the identification of child abuse or neglect, in the determination of whether child abuse or neglect contributed to death or whether child abuse or neglect had occurred prior to but was not the actual cause of death, and in the proper written reporting procedures for child abuse or neglect, including the designation of the cause and mode of death.
(c) In developing an interagency child death review team and an autopsy protocol, each county, working in consultation with local members of the California State Coroner’s Association and county child abuse prevention coordinating councils, may solicit suggestions and final comments from persons, including, but not limited to, the following:
(1) Experts in the field of forensic pathology.
(2) Pediatricians with expertise in child abuse.
(3) Coroners and medical examiners.
(4) Criminologists.
(5) District attorneys.
(6) Child protective services staff.
(7) Law enforcement personnel.
(8) Representatives of local agencies which are involved with child abuse or neglect reporting.
(9) County health department staff who deals with children’s health issues.
(10) Local professional associations of persons described in paragraphs (1) to (9), inclusive.
(d) Records exempt from disclosure to third parties pursuant to state or federal law shall remain exempt from disclosure when they are in the possession of a child death review team.
(e) Written and oral information pertaining to the child's death as requested by a child death review team may be disclosed to a child death review team established pursuant to this section. The team may make a request, in writing, for the information sought and any person with information of the kind described in paragraph (2) may rely on the request in determining whether information may be disclosed to the team.
(1) An individual or agency that has information governed by this subdivision shall not be required to disclose information. The intent of this subdivision is to allow the voluntary disclosure of information by the individual or agency that has the information.
(2) The following information may be disclosed pursuant to this subdivision:
(A) Notwithstanding Section 56.10 of the Civil Code, medical information, unless disclosure is prohibited by federal law.
(B) Notwithstanding Section 5328 of the Welfare and Institutions Code, mental health information.
(C) Notwithstanding Section 11167.5, information from child abuse reports and investigations, except the identity of the person making the report, which shall not be disclosed.
(D) State summary criminal history information, criminal offender record information, and local summary criminal history information, as defined in Sections 11105, 11075, and 13300, respectively.
(E) Notwithstanding Section 11163.2, information pertaining to reports by health practitioners of persons suffering from physical injuries inflicted by means of a firearm or of persons suffering physical injury where the injury is a result of assaultive or abusive conduct.
(F) Notwithstanding Section 10850 of the Welfare and Institutions Code, records of in-home supportive services, unless disclosure is prohibited by federal law.
(3) Written or oral information disclosed to a child death review team pursuant to this subdivision shall remain confidential, and shall not be subject to disclosure or discovery by a third party unless otherwise required by law.
(f) (1) No less than once each year, each child death review team shall make available to the public findings, conclusions and recommendations of the team, including aggregate statistical data on the incidences and causes of child deaths.
(2) In its report, the child death review team shall withhold the last name of the child that is subject to a review or the name of the deceased child’s siblings unless the name has been publicly disclosed or is required to be disclosed by state law, federal law, or court order.
SEC. 2.
The Legislature finds and declares that Section 1 of this act, which amends Section 11174.32 of the Penal Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
In order to facilitate the voluntary disclosure of confidential information to child death review teams and to retain the confidentiality of that information, the limitations on the public’s right of access imposed by Section 1 of this act are necessary.
### Summary:
This text is about the interagency child death review team and the autopsy protocol.
### Instruction:
Summary this text
### Text:
The people of |
The people of the State of California do enact as follows:
SECTION 1.
Section 75230 of the Public Resources Code is amended to read:
75230.
(a) The Low Carbon Transit Operations Program is hereby created to provide operating and capital assistance for transit agencies to reduce greenhouse gas emissions and improve mobility, with a priority on serving disadvantaged communities.
(b) Funding for the program is continuously appropriated pursuant to Section 39719 of the Health and Safety Code from the Greenhouse Gas Reduction Fund, established pursuant to Section 16428.8 of the Government Code.
(c) Funding shall be allocated by the Controller consistent with the requirements of this part and with Section 39719 of the Health and Safety Code, upon a determination by the Department of Transportation that the expenditures proposed by a transit agency meet the requirements of this part and guidelines developed pursuant to subdivision (f), and that the amount of funding requested is currently available.
(d) (1) Moneys for the program shall be expended to provide transit operating or capital assistance that meets all of the following criteria:
(A) Expenditures supporting new or expanded bus or rail services, new or expanded water-borne transit, or expanded intermodal transit facilities, and may include equipment acquisition, fueling, and maintenance, and other costs to operate those services or facilities.
(B) The recipient transit agency demonstrates that each expenditure directly enhances or expands transit service to increase mode share.
(C) The recipient transit agency demonstrates that each expenditure reduces greenhouse gas emissions.
(2) (A) Moneys for the program may additionally be expended to support the operation of existing bus or rail service if all of the following occur:
(i) The governing board of the transit agency declares a fiscal emergency, as defined in paragraph (2) of subdivision (d) of Section 21080.32, within 90 days prior to the agency requesting the funds.
(ii) The expenditure of the requested funds is necessary to sustain the transit agency’s transit service in the fiscal year in which the requested funds are to be expended.
(iii) The governing board of the transit agency would be required to reduce or eliminate transit service if the requested funds are not received.
(iv) The governing board makes a finding that a reduction in, or elimination of, transit service would increase greenhouse gas emissions because transit customers would choose other less-efficient modes of transportation.
(v) The transit agency does not request funds over consecutive funding years unless the transit agency has declared a fiscal emergency in each year consistent with clause (i).
(vi) The transit agency does not request funds for more than three consecutive funding years.
(B) Moneys allocated for the purpose of this paragraph shall be expended to provide transit operating assistance that meets both of the following criteria:
(i) The expenditures support current bus- or rail-service operating costs and may include labor, fueling, maintenance, and other costs to operate and maintain those services.
(ii) The recipient transit agency demonstrates that each expenditure directly sustains transit service that would otherwise be reduced or eliminated in the upcoming year if those funds were not received.
(e) For transit agencies whose service areas include disadvantaged communities, as identified pursuant to Section 39711 of the Health and Safety Code, at least 50 percent of the total moneys received purs:
(1) A list of proposed expense types for anticipated funding levels.
(2) The documentation required by the guidelines developed pursuant to subdivision (f) to demonstrate compliance with subdivisions (d) and (e).
(i) Before authorizing the disbursement of funds, the Department of Transportation, in coordination with the State Air Resources Board, shall determine the eligibility, in whole or in part, of the proposed list of expense
types,
types
based on the documentation provided by the recipient transit agency to ensure ongoing compliance with the guidelines developed pursuant to subdivision (f).
(j) The Department of Transportation shall notify the Controller of approved expenditures for each transit agency and the amount of the allocation for each transit agency determined to be available at that time of approval.
(k) The recipient transit agency shall provide annual reports to the Department of Transportation, in the format and manner prescribed by the department, consistent with the internal administrative procedures for
the
use of
the
fund proceeds developed by the State Air Resources Board.
(l) The Department of Transportation and recipient transit agencies shall comply with the guidelines developed by the State Air Resources Board pursuant to Section 39715 of the Health and Safety Code to ensure that the requirements of Section 39713 of the Health and Safety Code are met to maximize the benefits to disadvantaged communities, as identified pursuant to Section 39711 of the Health and Safety Code. | The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. The act authorizes the state board to include the use of market-based compliance mechanisms. Existing law requires all
moneys, except for fines and penalties,
moneys
collected by the state board as part of a market-based compliance mechanism to be deposited in the Greenhouse Gas Reduction Fund and to be available upon appropriation. Existing law continuously appropriates specified portions of the annual proceeds in the fund to various programs, including 5% for the Low Carbon Transit Operations Program, which provides operating and capital assistance for transit agencies to reduce greenhouse gas emissions and improve mobility, with a priority on serving disadvantaged communities.
This bill would additionally authorize moneys appropriated to the program to be expended to support the operation of existing bus or rail service if the governing board of the requesting transit agency declares a fiscal emergency and other criteria are met, thereby expanding the scope of an existing continuous appropriation. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
Section 75230 of the Public Resources Code is amended to read:
75230.
(a) The Low Carbon Transit Operations Program is hereby created to provide operating and capital assistance for transit agencies to reduce greenhouse gas emissions and improve mobility, with a priority on serving disadvantaged communities.
(b) Funding for the program is continuously appropriated pursuant to Section 39719 of the Health and Safety Code from the Greenhouse Gas Reduction Fund, established pursuant to Section 16428.8 of the Government Code.
(c) Funding shall be allocated by the Controller consistent with the requirements of this part and with Section 39719 of the Health and Safety Code, upon a determination by the Department of Transportation that the expenditures proposed by a transit agency meet the requirements of this part and guidelines developed pursuant to subdivision (f), and that the amount of funding requested is currently available.
(d) (1) Moneys for the program shall be expended to provide transit operating or capital assistance that meets all of the following criteria:
(A) Expenditures supporting new or expanded bus or rail services, new or expanded water-borne transit, or expanded intermodal transit facilities, and may include equipment acquisition, fueling, and maintenance, and other costs to operate those services or facilities.
(B) The recipient transit agency demonstrates that each expenditure directly enhances or expands transit service to increase mode share.
(C) The recipient transit agency demonstrates that each expenditure reduces greenhouse gas emissions.
(2) (A) Moneys for the program may additionally be expended to support the operation of existing bus or rail service if all of the following occur:
(i) The governing board of the transit agency declares a fiscal emergency, as defined in paragraph (2) of subdivision (d) of Section 21080.32, within 90 days prior to the agency requesting the funds.
(ii) The expenditure of the requested funds is necessary to sustain the transit agency’s transit service in the fiscal year in which the requested funds are to be expended.
(iii) The governing board of the transit agency would be required to reduce or eliminate transit service if the requested funds are not received.
(iv) The governing board makes a finding that a reduction in, or elimination of, transit service would increase greenhouse gas emissions because transit customers would choose other less-efficient modes of transportation.
(v) The transit agency does not request funds over consecutive funding years unless the transit agency has declared a fiscal emergency in each year consistent with clause (i).
(vi) The transit agency does not request funds for more than three consecutive funding years.
(B) Moneys allocated for the purpose of this paragraph shall be expended to provide transit operating assistance that meets both of the following criteria:
(i) The expenditures support current bus- or rail-service operating costs and may include labor, fueling, maintenance, and other costs to operate and maintain those services.
(ii) The recipient transit agency demonstrates that each expenditure directly sustains transit service that would otherwise be reduced or eliminated in the upcoming year if those funds were not received.
(e) For transit agencies whose service areas include disadvantaged communities, as identified pursuant to Section 39711 of the Health and Safety Code, at least 50 percent of the total moneys received purs:
(1) A list of proposed expense types for anticipated funding levels.
(2) The documentation required by the guidelines developed pursuant to subdivision (f) to demonstrate compliance with subdivisions (d) and (e).
(i) Before authorizing the disbursement of funds, the Department of Transportation, in coordination with the State Air Resources Board, shall determine the eligibility, in whole or in part, of the proposed list of expense
types,
types
based on the documentation provided by the recipient transit agency to ensure ongoing compliance with the guidelines developed pursuant to subdivision (f).
(j) The Department of Transportation shall notify the Controller of approved expenditures for each transit agency and the amount of the allocation for each transit agency determined to be available at that time of approval.
(k) The recipient transit agency shall provide annual reports to the Department of Transportation, in the format and manner prescribed by the department, consistent with the internal administrative procedures for
the
use of
the
fund proceeds developed by the State Air Resources Board.
(l) The Department of Transportation and recipient transit agencies shall comply with the guidelines developed by the State Air Resources Board pursuant to Section 39715 of the Health and Safety Code to ensure that the requirements of Section 39713 of the Health and Safety Code are met to maximize the benefits to disadvantaged communities, as identified pursuant to Section 39711 of the Health and Safety Code.
### Summary:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
Section 7523 |
The people of the State of California do enact as follows:
SECTION 1.
Section 25503.6 of the Business and Professions Code is amended to read:
25503.6.
(a) Notwithstanding any other provision of this chapter, a beer manufacturer, the holder of a winegrower’s license, a distilled spirits rectifier, a distilled spirits manufacturer, or distilled spirits manufacturer’s agent may purchase advertising space and time from, or on behalf of, an on-sale retail licensee subject to all of the following conditions:
(1) The on-sale licensee is the owner, manager, agent of the owner, assignee of the owner’s advertising rights, or the major tenant of the owner of any of the following:
(A) An outdoor stadium or a fully enclosed arena with a fixed seating capacity in excess of 10,000 seats located in Sacramento County or Alameda County.
(B) A fully enclosed arena with a fixed seating capacity in excess of 18,000 seats located in Orange County or Los Angeles County.
(C) An outdoor stadium or fully enclosed arena with a fixed seating capacity in excess of 8,500 seats located in Kern County.
(D) An exposition park of not less than 50 acres that includes an outdoor stadium with a fixed seating capacity in excess of 8,000 seats and a fully enclosed arena with an attendance capacity in excess of 4,500 people, located in San Bernardino County.
(E) An outdoor stadium with a fixed seating capacity in excess of 10,000 seats located in Yolo County.
(F) An outdoor stadium and a fully enclosed arena with fixed seating capacities in excess of 10,000 seats located in Fresno County.
(G) An athletic and entertainment complex of not less than 50 acres that includes within its boundaries an outdoor stadium with a fixed seating capacity of at least 8,000 seats and a second outdoor stadium with a fixed seating capacity of at least 3,500 seats located in Riverside County.
(H) An outdoor stadium with a fixed seating capacity in excess of 1,500 seats located in Tulare County.
(I) A motorsports entertainment complex of not less than 50 acres that includes within its boundaries an outdoor speedway with a fixed seating capacity of at least 50,000 seats, located in San Bernardino County.
(J) An exposition park, owned or operated by a bona fide nonprofit organization, of not less than 400 acres with facilities including a grandstand with a seating capacity of at least 8,000 people, at least one exhibition hall greater than 100,000 square feet, and at least four exhibition halls, each greater than 30,000 square feet, located in the City of Pomona or the City of La Verne in Los Angeles County.
(K) An outdoor soccer stadium with a fixed seating capacity of at least 25,000 seats, an outdoor tennis stadium with a fixed capacity of at least 7,000 seats, an outdoor track and field facility with a fixed seating capacity of at least 7,000 seats, and an indoor velodrome with a fixed seating capacity of at least 2,000 seats, all located within a sports and athletic complex built before January 1, 2005, in the City of Carson in Los Angeles County.
(L) An outdoor professional sports facility with a fixed seating capacity of at least 4,200 seats located in San Joaquin County.
(M) A fully enclosed arena with a fixed seating capacity in excess of 13,000 seats in the City of Inglewood.
(N) (i) An outdoor stadium with a fixed seating capacity of at least 68,000 seats located in the City of Santa Clara.
(ii) A beer manufacturer, the holder of a winegrower’s license, a distilled spirits rectifier, a distilled spirits manufacturer, or distilled spirits manufacturer’s agent may purchase advertising space and time from, or on behalf of, a major tenant of an outdoor stadium described in clause (i), provided the major tenant does not hold a retail license, and the advertising may include the placement of advertising in an on-sale licensed premises operated at the outdoor stadium.
(O) A complex of not more than 50 acres located on the campus of, and owned by, Sonoma State University dedicated to presenting live artistic, musical, sports, food, beverage, culinary, lifestyle, or other cultural and entertainment events and performances with venues that include a concert hall with a seating capacity of approximately 1,500 seats, a second concert hall with a seating capacity of up to 300 seats, an outdoor area with a seating capacity of up to 5,000 seats, and a further outdoor area with a seating capacity of up to 10,000 seats. With respect to this complex, advertising space and time may also be purchased from or on behalf of the owner of the complex, a long-term tenant or licensee of the venue, whether or not the owner, long-term tenant, or licensee holds an on-sale license.
(P) A fairgrounds with a horse racetrack and equestrian and sports facilities located in San Diego County.
(2) The outdoor stadium or fully enclosed arena described in paragraph (1) is not owned by a community college district.
(3) The advertising space or time is purchased only in connection with the events to be held on the premises of the exposition park, stadium, or arena owned
or leased
by the on-sale licensee. With respect to an exposition park as described in subparagraph (J) of paragraph (1) that includes at least one hotel, the advertising space or time shall not be displayed on or in any hotel located in the exposition park, or purchased in connection with the operation of any hotel located in the exposition park. With respect to the complex described in subparagraph (O) of paragraph (1), the advertising space or time shall be purchased only in connection with live artistic, musical, sports, food, beverage, culinary, lifestyle, or other cultural and entertainment events and performances to be held on the premises of the complex.
(4) The on-sale licensee serves other brands of beer distributed by a competing beer wholesaler in addition to the brand manufactured or marketed by the beer manufacturer, other brands of wine distributed by a competing wine wholesaler in addition to the brand produced by the winegrower, and other brands of distilled spirits distributed by a competing distilled spirits wholesaler in addition to the brand manufactured or marketed by the distilled spirits rectifier, the distilled spirits manufacturer, or the distilled spirits manufacturer’s agent that purchased the advertising space or time.
(b) Any purchase of advertising space or time pursuant to subdivision (a) shall be
conducted
controlled
pursuant to a written contract entered into by the beer manufacturer, the holder of the winegrower’s license, the distilled spirits rectifier, the distilled spirits manufacturer, or the distilled spirits manufacturer’s agent and any of the following:
(1) The on-sale licensee.
(2) With respect to clause (ii) of subparagraph (N) of paragraph (1) of subdivision (a), the major tenant of the outdoor stadium.
(3) With respect to subparagraph (O) of paragraph (1) of subdivision (a), the owner, a long-term tenant of the complex, or licensee of the complex, whether or not the owner, long-term tenant, or licensee holds an on-sale license.
(c) Any beer manufacturer or holder of a winegrower’s license, any distilled spirits rectifier, any distilled spirits manufacturer, or any distilled spirits manufacturer’s agent who, through coercion or other illegal means, induces, directly or indirectly, a holder of a wholesaler’s license to fulfill all or part of those contractual obligations entered into pursuant to subdivision (a) or (b) shall be guilty of a misdemeanor and shall be punished by imprisonment in the county jail not exceeding six months, or by a fine in an amount equal to the entire value of the advertising space, time, or costs involved in the contract, whichever is greater, plus ten thousand dollars ($10,000), or by both imprisonment and fine. The person shall also be subject to license revocation pursuant to Section 24200.
(d) Any on-sale retail licensee, as described in subdivision (a), who, directly or indirectly, solicits or coerces a holder of a wholesaler’s license to solicit a beer manufacturer, a holder of a winegrower’s license, a distilled spirits rectifier, a distilled spirits manufacturer, or a distilled spirits manufacturer’s agent to purchase advertising space or time pursuant to subdivision (a) or (b) shall be guilty of a misdemeanor and shall be punished by imprisonment in the county jail not exceeding six months, or by a fine in an amount equal to the entire value of the advertising space or time involved in the contract, whichever is greater, plus ten thousand dollars ($10,000), or by both imprisonment and fine. The person shall also be subject to license revocation pursuant to Section 24200.
(e) For the purposes of this section, “beer manufacturer” includes any holder of a beer manufacturer’s license, any holder of an out-of-state beer manufacturer’s certificate, or any holder of a beer and wine importer’s general license.
(f) The Legislature finds that it is necessary and proper to require a separation among manufacturing interests, wholesale interests, and retail interests in the production and distribution of alcoholic beverages in order to prevent suppliers from dominating local markets through vertical integration and to prevent excessive sales of alcoholic beverages produced by overly aggressive marketing techniques. The Legislature further finds that the exceptions established by this section to the general prohibition against tied interests shall be limited to their express terms so as not to undermine the general prohibition and intends that this section be construed accordingly.
SEC. 2.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. | Existing law, the Alcoholic Beverage Control Act, authorizes a beer manufacturer, the holder of a winegrower’s license, a distilled spirits rectifier, a distilled spirits manufacturer, or a distilled spirits manufacturer’s agent to purchase advertising space and time from, or on behalf of, an on-sale retail licensee subject to specified conditions, including that the advertising space or time is purchased only in connection with the events to be held on the premises of the exposition park, stadium, or arena owned by the on-sale licensee. Existing law makes a violation of these provisions a crime.
This bill would change that specified condition to also allow the advertising space or time to be purchased in connection with the events to be held on those premises leased by the on-sale licensee. By changing the definition of a crime, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
Section 25503.6 of the Business and Professions Code is amended to read:
25503.6.
(a) Notwithstanding any other provision of this chapter, a beer manufacturer, the holder of a winegrower’s license, a distilled spirits rectifier, a distilled spirits manufacturer, or distilled spirits manufacturer’s agent may purchase advertising space and time from, or on behalf of, an on-sale retail licensee subject to all of the following conditions:
(1) The on-sale licensee is the owner, manager, agent of the owner, assignee of the owner’s advertising rights, or the major tenant of the owner of any of the following:
(A) An outdoor stadium or a fully enclosed arena with a fixed seating capacity in excess of 10,000 seats located in Sacramento County or Alameda County.
(B) A fully enclosed arena with a fixed seating capacity in excess of 18,000 seats located in Orange County or Los Angeles County.
(C) An outdoor stadium or fully enclosed arena with a fixed seating capacity in excess of 8,500 seats located in Kern County.
(D) An exposition park of not less than 50 acres that includes an outdoor stadium with a fixed seating capacity in excess of 8,000 seats and a fully enclosed arena with an attendance capacity in excess of 4,500 people, located in San Bernardino County.
(E) An outdoor stadium with a fixed seating capacity in excess of 10,000 seats located in Yolo County.
(F) An outdoor stadium and a fully enclosed arena with fixed seating capacities in excess of 10,000 seats located in Fresno County.
(G) An athletic and entertainment complex of not less than 50 acres that includes within its boundaries an outdoor stadium with a fixed seating capacity of at least 8,000 seats and a second outdoor stadium with a fixed seating capacity of at least 3,500 seats located in Riverside County.
(H) An outdoor stadium with a fixed seating capacity in excess of 1,500 seats located in Tulare County.
(I) A motorsports entertainment complex of not less than 50 acres that includes within its boundaries an outdoor speedway with a fixed seating capacity of at least 50,000 seats, located in San Bernardino County.
(J) An exposition park, owned or operated by a bona fide nonprofit organization, of not less than 400 acres with facilities including a grandstand with a seating capacity of at least 8,000 people, at least one exhibition hall greater than 100,000 square feet, and at least four exhibition halls, each greater than 30,000 square feet, located in the City of Pomona or the City of La Verne in Los Angeles County.
(K) An outdoor soccer stadium with a fixed seating capacity of at least 25,000 seats, an outdoor tennis stadium with a fixed capacity of at least 7,000 seats, an outdoor track and field facility with a fixed seating capacity of at least 7,000 seats, and an indoor velodrome with a fixed seating capacity of at least 2,000 seats, all located within a sports and athletic complex built before January 1, 2005, in the City of Carson in Los Angeles County.
(L) An outdoor professional sports facility with a fixed seating capacity of at least 4,200 seats located in San Joaquin County.
(M) A fully enclosed arena with a fixed seating capacity in excess of 13,000 seats in the City of Inglewood.
(N) (i) An outdoor stadium with a fixed seating capacity of at least 68,000 seats located in the City of Santa Clara.
(ii) A beer manufacturer, the holder of a winegrower’s license, a distilled spirits rectifier, a distilled spirits manufacturer, or distilled spirits manufacturer’s agent may purchase advertising space and time from, or on behalf of, a major tenant of an outdoor stadium described in clause (i), provided the major tenant does not hold a retail license, and the advertising may include the placement of advertising in an on-sale licensed premises operated at the outdoor stadium.
(O) A complex of not more than 50 acres located on the campus of, and owned by, Sonoma State University dedicated to presenting live artistic, musical, sports, food, beverage, culinary, lifestyle, or other cultural and entertainment events and performances with venues that include a concert hall with a seating capacity of approximately 1,500 seats, a second concert hall with a seating capacity of up to 300 seats, an outdoor area with a seating capacity of up to 5,000 seats, and a further outdoor area with a seating capacity of up to 10,000 seats. With respect to this complex, advertising space and time may also be purchased from or on behalf of the owner of the complex, a long-term tenant or licensee of the venue, whether or not the owner, long-term tenant, or licensee holds an on-sale license.
(P) A fairgrounds with a horse racetrack and equestrian and sports facilities located in San Diego County.
(2) The outdoor stadium or fully enclosed arena described in paragraph (1) is not owned by a community college district.
(3) The advertising space or time is purchased only in connection with the events to be held on the premises of the exposition park, stadium, or arena owned
or leased
by the on-sale licensee. With respect to an exposition park as described in subparagraph (J) of paragraph (1) that includes at least one hotel, the advertising space or time shall not be displayed on or in any hotel located in the exposition park, or purchased in connection with the operation of any hotel located in the exposition park. With respect to the complex described in subparagraph (O) of paragraph (1), the advertising space or time shall be purchased only in connection with live artistic, musical, sports, food, beverage, culinary, lifestyle, or other cultural and entertainment events and performances to be held on the premises of the complex.
(4) The on-sale licensee serves other brands of beer distributed by a competing beer wholesaler in addition to the brand manufactured or marketed by the beer manufacturer, other brands of wine distributed by a competing wine wholesaler in addition to the brand produced by the winegrower, and other brands of distilled spirits distributed by a competing distilled spirits wholesaler in addition to the brand manufactured or marketed by the distilled spirits rectifier, the distilled spirits manufacturer, or the distilled spirits manufacturer’s agent that purchased the advertising space or time.
(b) Any purchase of advertising space or time pursuant to subdivision (a) shall be
conducted
controlled
pursuant to a written contract entered into by the beer manufacturer, the holder of the winegrower’s license, the distilled spirits rectifier, the distilled spirits manufacturer, or the distilled spirits manufacturer’s agent and any of the following:
(1) The on-sale licensee.
(2) With respect to clause (ii) of subparagraph (N) of paragraph (1) of subdivision (a), the major tenant of the outdoor stadium.
(3) With respect to subparagraph (O) of paragraph (1) of subdivision (a), the owner, a long-term tenant of the complex, or licensee of the complex, whether or not the owner, long-term tenant, or licensee holds an on-sale license.
(c) Any beer manufacturer or holder of a winegrower’s license, any distilled spirits rectifier, any distilled spirits manufacturer, or any distilled spirits manufacturer’s agent who, through coercion or other illegal means, induces, directly or indirectly, a holder of a wholesaler’s license to fulfill all or part of those contractual obligations entered into pursuant to subdivision (a) or (b) shall be guilty of a misdemeanor and shall be punished by imprisonment in the county jail not exceeding six months, or by a fine in an amount equal to the entire value of the advertising space, time, or costs involved in the contract, whichever is greater, plus ten thousand dollars ($10,000), or by both imprisonment and fine. The person shall also be subject to license revocation pursuant to Section 24200.
(d) Any on-sale retail licensee, as described in subdivision (a), who, directly or indirectly, solicits or coerces a holder of a wholesaler’s license to solicit a beer manufacturer, a holder of a winegrower’s license, a distilled spirits rectifier, a distilled spirits manufacturer, or a distilled spirits manufacturer’s agent to purchase advertising space or time pursuant to subdivision (a) or (b) shall be guilty of a misdemeanor and shall be punished by imprisonment in the county jail not exceeding six months, or by a fine in an amount equal to the entire value of the advertising space or time involved in the contract, whichever is greater, plus ten thousand dollars ($10,000), or by both imprisonment and fine. The person shall also be subject to license revocation pursuant to Section 24200.
(e) For the purposes of this section, “beer manufacturer” includes any holder of a beer manufacturer’s license, any holder of an out-of-state beer manufacturer’s certificate, or any holder of a beer and wine importer’s general license.
(f) The Legislature finds that it is necessary and proper to require a separation among manufacturing interests, wholesale interests, and retail interests in the production and distribution of alcoholic beverages in order to prevent suppliers from dominating local markets through vertical integration and to prevent excessive sales of alcoholic beverages produced by overly aggressive marketing techniques. The Legislature further finds that the exceptions established by this section to the general prohibition against tied interests shall be limited to their express terms so as not to undermine the general prohibition and intends that this section be construed accordingly.
SEC. 2.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
### Summary:
<bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos> |
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:
(a) The electronic benefits transfer (EBT) system has operated statewide in California since 2004 as an effective and efficient method to issue government benefits to recipients.
(b) Research has shown that the use of EBT has many advantages for delivering public benefits. For recipients, EBT offers greater convenience, improved security, and reduced stigmatization. For state governments, EBT provides cost and time savings, improves operational efficiencies, and promotes accountability while stimulating local economies.
(c) EBT has been deemed an effective and responsive mechanism for quickly delivering assistance to people recovering from natural disasters.
(d) The Legislature and the Governor established The Human Right to Water in 2013, which established the policy of California that every human being has the right to safe, clean, affordable, and accessible water adequate for human consumption, cooking, and sanitary purposes.
(e) Despite a history of proactive water policies, California residents still face formidable challenges as the drought continues to exacerbate water quality issues for disadvantaged communities who disproportionately bear the health and financial impacts of inadequate access to safe water.
(f) Significant barriers to water access exist for marginalized Californians who are forced to choose between drinking water and expending scarce resources to pay for clean water.
(g) In 2014, more than 1 million Californians faced water safety violations that made water unsafe to drink.
(h) As the drought enters its fifth year, more than 2,000 domestic wells have gone dry in the Central Valley, affecting tens of thousands of people. Many small communities face chronic water quality problems. Almost 400 small rural water systems and schools are unable to provide safe drinking water.
(i) In response to these challenges, the Governor and the Legislature have established or proposed new emergency drinking water supports to assist these households.
(j) Recognizing this, it is the intent of the Legislature
to utilize the existing EBT system
to deliver appropriate emergency water benefits to disadvantaged households in an efficient and effective
manner.
manner and, to the extent possible, to utilize the EBT system to accomplish this goal.
SEC. 2.
Chapter 16 (commencing with Section 18997) is added to Part 6 of Division 9 of the Welfare and Institutions Code, to read:
CHAPTER 16. Safe Drinking Water Benefit
18997.
(a) On or before February 1, 2017, the State Department of Social Services shall convene a workgroup to develop recommendations for delivering a water benefit to supplement the purchase of drinking water for low-income households with inadequate access to safe drinking water.
(b) The water benefit to be developed shall do all of the following:
(1) Be made available to low-income households with inadequate access to safe drinking water.
(2) To the extent possible, be provided through the electronic benefits transfer system.
(3) To the extent possible, be funded from existing emergency drought response resources allocated for interim water assistance.
(c) The workgroup shall consist of representatives from all of the following entities:
(1) The State Department of Social Services.
(2) The State Water Resources Control Board.
(3) The Department of Water Resources.
(4) The Office of Emergency Services.
(5) The County Welfare Directors Association of California.
(6) Food policy advocates.
(7) Other applicable community advocates.
(d) The workgroup shall develop recommendations that include all of the following:
(1) The design of the benefit.
(2) An implementation plan for identification of eligible households and delivery of the benefit to those households. In developing eligibility criteria, the workgroup shall consider all of the following populations:
(A) Households in disadvantaged communities served by noncompliant small community water systems, as defined in Section 116275 of the Health and Safety Code.
(B) Households located in communities deemed eligible for interim emergency drinking water benefits by the State Water Resources Control Board.
(C) Households with private wells that have active outages or water supply problems.
(3) Possibilities for interim or permanent adoption and implementation of the benefit through regulations, all-county letters, or similar instruction.
(e) (1) The State Department of Social Services shall submit a report with the recommendations to the Legislature and the California Health and Human Services Agency by July 1, 2017.
(2) A report submitted to the Legislature pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.
18998.
This chapter shall become inoperative on July 1, 2021, and, as of January 1, 2022, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2022, deletes or extends the dates on which it becomes inoperative and is repealed. | Existing law provides for financial and food assistance benefits to needy Californians, including, among other programs, the California Work Opportunity and Responsibility to Kids (CalWORKs) program and CalFresh, under which each county provides for financial and food assistance benefits to qualified individuals who meet specified eligibility criteria. Existing law, administered by the State Department of Social Services, provides for the establishment of a statewide electronic benefits transfer (EBT) system for the purpose of providing those financial and food assistance benefits. Existing law authorizes a county to deliver CalFresh benefits and, upon election by the county, CalWORKs benefits through the use of an EBT system.
This bill would require the State Department of Social Services to, on or before February 1, 2017, convene a workgroup to develop recommendations for delivering a water benefit to supplement the purchase of drinking water for low-income households with inadequate access to safe drinking water, as specified. The bill would require the workgroup to consist of representatives from specified entities, including the Department of Water Resources, the Office of Emergency Services, and applicable community advocates, and would require the workgroup to develop recommendations that include, among other things, an implementation plan for identification of eligible households and delivery of the benefit to those households. The bill would require the State Department of Social Services to, on or before July 1, 2017, submit a report with the recommendations to the Legislature and the California Health and Human Services Agency. The bill would also make relating findings and declarations. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:
(a) The electronic benefits transfer (EBT) system has operated statewide in California since 2004 as an effective and efficient method to issue government benefits to recipients.
(b) Research has shown that the use of EBT has many advantages for delivering public benefits. For recipients, EBT offers greater convenience, improved security, and reduced stigmatization. For state governments, EBT provides cost and time savings, improves operational efficiencies, and promotes accountability while stimulating local economies.
(c) EBT has been deemed an effective and responsive mechanism for quickly delivering assistance to people recovering from natural disasters.
(d) The Legislature and the Governor established The Human Right to Water in 2013, which established the policy of California that every human being has the right to safe, clean, affordable, and accessible water adequate for human consumption, cooking, and sanitary purposes.
(e) Despite a history of proactive water policies, California residents still face formidable challenges as the drought continues to exacerbate water quality issues for disadvantaged communities who disproportionately bear the health and financial impacts of inadequate access to safe water.
(f) Significant barriers to water access exist for marginalized Californians who are forced to choose between drinking water and expending scarce resources to pay for clean water.
(g) In 2014, more than 1 million Californians faced water safety violations that made water unsafe to drink.
(h) As the drought enters its fifth year, more than 2,000 domestic wells have gone dry in the Central Valley, affecting tens of thousands of people. Many small communities face chronic water quality problems. Almost 400 small rural water systems and schools are unable to provide safe drinking water.
(i) In response to these challenges, the Governor and the Legislature have established or proposed new emergency drinking water supports to assist these households.
(j) Recognizing this, it is the intent of the Legislature
to utilize the existing EBT system
to deliver appropriate emergency water benefits to disadvantaged households in an efficient and effective
manner.
manner and, to the extent possible, to utilize the EBT system to accomplish this goal.
SEC. 2.
Chapter 16 (commencing with Section 18997) is added to Part 6 of Division 9 of the Welfare and Institutions Code, to read:
CHAPTER 16. Safe Drinking Water Benefit
18997.
(a) On or before February 1, 2017, the State Department of Social Services shall convene a workgroup to develop recommendations for delivering a water benefit to supplement the purchase of drinking water for low-income households with inadequate access to safe drinking water.
(b) The water benefit to be developed shall do all of the following:
(1) Be made available to low-income households with inadequate access to safe drinking water.
(2) To the extent possible, be provided through the electronic benefits transfer system.
(3) To the extent possible, be funded from existing emergency drought response resources allocated for interim water assistance.
(c) The workgroup shall consist of representatives from all of the following entities:
(1) The State Department of Social Services.
(2) The State Water Resources Control Board.
(3) The Department of Water Resources.
(4) The Office of Emergency Services.
(5) The County Welfare Directors Association of California.
(6) Food policy advocates.
(7) Other applicable community advocates.
(d) The workgroup shall develop recommendations that include all of the following:
(1) The design of the benefit.
(2) An implementation plan for identification of eligible households and delivery of the benefit to those households. In developing eligibility criteria, the workgroup shall consider all of the following populations:
(A) Households in disadvantaged communities served by noncompliant small community water systems, as defined in Section 116275 of the Health and Safety Code.
(B) Households located in communities deemed eligible for interim emergency drinking water benefits by the State Water Resources Control Board.
(C) Households with private wells that have active outages or water supply problems.
(3) Possibilities for interim or permanent adoption and implementation of the benefit through regulations, all-county letters, or similar instruction.
(e) (1) The State Department of Social Services shall submit a report with the recommendations to the Legislature and the California Health and Human Services Agency by July 1, 2017.
(2) A report submitted to the Legislature pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.
18998.
This chapter shall become inoperative on July 1, 2021, and, as of January 1, 2022, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2022, deletes or extends the dates on which it becomes inoperative and is repealed.
### Summary:
This bill would require the Department of Social Services to convene a workgroup to develop recommendations for delivering a water benefit to supplement the purchase of drinking water for low- |
The people of the State of California do enact as follows:
SECTION 1.
Section 12715 of the Government Code is amended to read:
12715.
(a) The Controller, acting in consultation with the California Gambling Control Commission, shall divide the County Tribal Casino Account for each county that has gaming devices that are subject to an obligation to make contributions to the Indian Gaming Special Distribution Fund into a separate account for each tribe that operates a casino within the county. These accounts shall be known as Individual Tribal Casino Accounts, and funds may be released from these accounts to make grants selected by an Indian Gaming Local Community Benefit Committee pursuant to the method established by this section to local jurisdictions impacted by tribal casinos. Each Individual Tribal Casino Account shall be funded in proportion to the amount that each individual tribe paid in the prior fiscal year to the Indian Gaming Special Distribution Fund.
(b) (1) There is hereby created in each county in which Indian gaming is conducted an Indian Gaming Local Community Benefit Committee. The selection of all grants from each Individual Tribal Casino Account or County Tribal Casino Account shall be made by each county’s Indian Gaming Local Community Benefit Committee. In selecting grants, the Indian Gaming Local Community Benefit Committee shall follow the priorities established in subdivision (g) and the requirements specified in subdivision (h). This committee has the following additional responsibilities:
(A) Establishing all application policies and procedures for grants from the Individual Tribal Casino Account or County Tribal Casino Account. Each grant application shall clearly show how the grant will mitigate the impact of the casino on the grant applicant.
(B) Assessing the eligibility of applications for grants from local jurisdictions impacted by tribal gaming operations.
(C) Determining the appropriate amount for reimbursement from the aggregate county tribal account of the demonstrated costs incurred by the county for administering the grant programs. The reimbursement for county administrative costs may not exceed 2 percent of the aggregate county tribal account in any given fiscal year.
(2) Except as provided in Section 12715.5, the Indian Gaming Local Community Benefit Committee shall be composed of seven representatives, consisting of the following:
(A) Two representatives from the county, selected by the county board of supervisors.
(B) Three elected representatives from cities located within four miles of a tribal casino in the county, selected by the county board of supervisors. In the event that there are no cities located within four miles of a tribal casino in the county, other local representatives may be selected upon mutual agreement by the county board of supervisors and a majority of the tribes paying into the Indian Gaming Special Distribution Fund in the county. When there are no cities within four miles of a tribal casino in the county, and when the Indian Gaming Local Community Benefit Committee acts on behalf of a county where no tribes pay into the Indian Gaming Special Distribution Fund, other local representatives may be selected upon mutual agreement by the county board of supervisors and a majority of the tribes operating casinos in the county. However, if only one city is within four miles of a tribal casino and that same casino is located entirely within the unincorporated area of that particular county, only one elected representative from that city shall be included on the Indian Gaming Local Community Benefit Committee.
(C) Two representatives selected upon the recommendation of a majority of the tribes paying into the Indian Gaming Special Distribution Fund in each county. When an Indian Gaming Local Community Benefit Committee acts on behalf of a county
where
in which
no tribes pay into the Indian Gaming Special Distribution Fund, the two representatives may be selected upon the recommendation of the tribes operating casinos in the county.
(3) The Indian Gaming Local Community Benefit Committee shall adopt and approve a Conflict of Interest Code pursuant to Article 3 (commencing with Section 87300) of Chapter 7 of Title 9. Any existing Conflict of Interest Code shall be reviewed and amended as necessary to bring it into compliance with the requirements of Article 3 (commencing with Section 87300) of Chapter 7 of Title 9.
(c) Sixty percent of each Individual Tribal Casino Account shall be available for nexus grants on a yearly basis to cities and counties impacted by tribes that are paying into the Indian Gaming Special Distribution Fund, according to the four-part nexus test described in paragraph (1). Grant awards shall be selected by each county’s Indian Gaming Local Community Benefit Committee and shall be administered by the county. Grants may be awarded on a multiyear basis, and these multiyear grants shall be accounted for in the grant process for each year.
(1) A nexus test based on the geographical proximity of a local government jurisdiction to an individual Indian land upon which a tribal casino is located shall be used by each county’s Indian Gaming Local Community Benefit Committee to determine the relative priority for grants, using the following criteria:
(A) Whether the local government jurisdiction borders the Indian lands on all sides.
(B) Whether the local government jurisdiction partially borders Indian lands.
(C) Whether the local government jurisdiction maintains a highway, road, or other thoroughfare that is the predominant access route to a casino that is located within four miles.
(D) Whether all or a portion of the local government jurisdiction is located within four miles of a casino.
(2) Fifty percent of the amount specified in
this
subdivision
(c)
shall be awarded in equal proportions to local government jurisdictions that meet all four of the nexus test criteria in paragraph (1). If no eligible local government jurisdiction satisfies this requirement, the amount specified in this paragraph shall be made available for nexus grants in equal proportions to local government jurisdictions meeting the requirements of paragraph (3) or (4).
(3) Thirty percent of the amount specified in
this
subdivision
(c)
shall be awarded in equal proportions to local government jurisdictions that meet three of the nexus test criteria in paragraph (1). If no eligible local government jurisdiction satisfies this requirement, the amount specified in this paragraph shall be made available for nexus grants in equal proportions to local government jurisdictions meeting the requirements of paragraph (2) or (4).
(4) Twenty percent of the amount specified in
this
subdivision
(c)
shall be awarded in equal proportions to local government jurisdictions that meet two of the nexus test criteria in paragraph (1). If no eligible local government jurisdiction satisfies this requirement, the amount specified in this paragraph shall be made available for nexus grants in equal proportions to local government jurisdictions meeting the requirements of paragraph (2) or (3).
(d) Twenty percent of each Individual Tribal Casino Account shall be available for discretionary grants to local jurisdictions impacted by tribes that are paying into the Indian Gaming Special Distribution Fund. These discretionary grants shall be made available to all local jurisdictions in the county irrespective of any nexus to impacts from any particular tribal casino, as described in paragraph (1) of subdivision (c). Grant awards shall be selected by each county’s Indian Gaming Local Community Benefit Committee and shall be administered by the county. Grants may be awarded on a multiyear basis, and these multiyear grants shall be accounted for in the grant process for each year.
(e) (1) Twenty percent of each Individual Tribal Casino Account shall be available for discretionary grants to local jurisdictions impacted by tribes that are not paying into the Indian Gaming Special Distribution Fund. These grants shall be made available to local jurisdictions in the county irrespective of any nexus to impacts from any particular tribal casino, as described in paragraph (1) of subdivision (c), and irrespective of whether the impacts presented are from a tribal casino that is not paying into the Indian Gaming Special Distribution Fund. Grant awards shall be selected by each county’s Indian Gaming Local Community Benefit Committee and shall be administered by the county. Grants may be awarded on a multiyear basis, and these multiyear grants shall be accounted for in the grant process for each year.
(A) Grants awarded pursuant to this subdivision are limited to addressing service-oriented impacts and providing assistance with one-time large capital projects related to Indian gaming impacts.
(B) Grants shall be subject to the sole sponsorship of the tribe that pays into the Indian Gaming Special Distribution Fund and the recommendations of the Indian Gaming Local Community Benefit Committee for that county.
(2) If an eligible county does not have a tribal casino operated by a tribe that does not pay into the Indian Gaming Special Distribution Fund, the moneys available for discretionary grants under this subdivision shall be available for distribution pursuant to subdivision (d).
(f) (1) For each county that does not have gaming devices subject to an obligation to make payments to the Indian Gaming Special Distribution Fund, funds may be released from the county’s County Tribal Casino Account to make grants selected by the county’s Indian Gaming Local Community Benefit Committee pursuant to the method established by this section to local jurisdictions impacted by tribal casinos. These grants shall be made available to local jurisdictions in the county irrespective of any nexus to any particular tribal casino. These grants shall follow the priorities specified in subdivision (g) and the requirements specified in subdivision (h).
(2) Funds not allocated from a
county tribal casino account
County Tribal Casino Account
by the end of each fiscal year shall revert back to the Indian Gaming Special Distribution Fund.
Moneys allocated for the 2003–04 fiscal year shall be eligible for expenditure through December 31, 2004.
(g) The following uses shall be the priorities for the receipt of grant moneys from Individual Tribal Casino Accounts: law enforcement, fire services, emergency medical services, environmental impacts, water supplies, waste disposal, behavioral, health, planning and adjacent land uses, public health, roads, recreation and youth programs, and child care programs.
(h) In selecting grants pursuant to subdivision (b), an Indian Gaming Local Community Benefit Committee shall select only grant applications that mitigate impacts from casinos on local jurisdictions. If a local jurisdiction uses a grant selected pursuant to subdivision (b) for any unrelated purpose, the grant shall terminate immediately and any moneys not yet spent shall revert to the Indian Gaming Special Distribution Fund. If a local jurisdiction approves an expenditure that mitigates an impact from a casino on a local jurisdiction and that also provides other benefits to the local jurisdiction, the grant selected pursuant to subdivision (b) shall be used to finance only the proportionate share of the expenditure that mitigates the impact from the casino.
(i) All grants from Individual Tribal Casino Accounts shall be made only upon the affirmative sponsorship of the tribe paying into the Indian Gaming Special Distribution Fund from whose Individual Tribal Casino Account the grant moneys are available for distribution. Tribal sponsorship shall confirm that the grant application has a reasonable relationship to a casino impact and satisfies at least one of the priorities listed in subdivision (g). A grant may not be made for any purpose that would support or fund, directly or indirectly, any effort related to the opposition or challenge to Indian gaming in the state, and, to the extent any awarded grant is utilized for any prohibited purpose by any local government, upon notice given to the county by any tribe from whose Individual Tribal Casino Account the awarded grant went toward that prohibited use, the grant shall terminate immediately and any moneys not yet used shall again be made available for qualified nexus grants.
(j) A local government jurisdiction that is a recipient of a grant from an Individual Tribal Casino Account or a County Tribal Casino Account shall provide notice to the public, either through a slogan, signage, or other mechanism, stating that the local government project has received funding from the Indian Gaming Special Distribution Fund and further identifying the particular Individual Tribal Casino Account from which the grant derives.
(k) (1) Each county’s Indian Gaming Local Community Benefit Committee shall submit to the Controller a list of approved projects for funding from Individual Tribal Casino Accounts. Upon receipt of this list, the Controller shall release the funds directly to the local government entities for which a grant has been approved by the committee.
(2) Funds not allocated from an Individual Tribal Casino Account by the end of each fiscal year shall revert back to the Indian Gaming Special Distribution Fund.
Moneys allocated for the 2003–04 fiscal year shall be eligible for expenditure through December 31, 2004. Moneys allocated for the 2008–09 fiscal year shall be eligible for expenditure through December 31, 2009.
(l) Notwithstanding any other law, a local government jurisdiction that receives a grant from an Individual Tribal Casino Account shall deposit all funds received in an interest-bearing account and use the interest from those funds only for the purpose of mitigating an impact from a casino. If any portion of the funds in the account is used for any other purpose, the remaining portion shall revert to the Indian Gaming Special Distribution Fund. As a condition of receiving further funds under this section, a local government jurisdiction, upon request of the county, shall demonstrate to the county that all expenditures made from the account have been in compliance with the requirements of this section.
SEC. 2.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SECTION 1.
It is the intent of the Legislature to enact legislation related to tribal gaming in California. | Existing law creates in the State Treasury the Indian Gaming Special Distribution Fund for the receipt and deposit of moneys received by the state from certain Indian tribes pursuant to the terms of gaming compacts entered into with the state. Existing law authorizes moneys in that fund to be used for specified purposes, including for grants for the support of state and local government agencies impacted by tribal government gaming. Existing law, until January 1, 2021, creates a County Tribal Casino Account in the treasury of each county that contains a tribal casino, which is funded according to specified formulas. Existing law requires the Controller, in consultation with the California Gambling Control Commission, to divide the County Tribal Casino Account for each county that has gaming devices that are subject to an obligation to make contributions to the Indian Gaming Special Distribution Fund into a separate account, known as an Individual Tribal Casino Account, for each tribe that operates a casino within the county. Each Individual Tribal Casino Account is required to be funded in proportion to the amount that each individual tribe paid in the prior fiscal year to the Indian Gaming Special Distribution Fund, and authorizes funds in these accounts to be released to make grants to local agencies impacted by tribal casinos, as specified. Existing law establishes an Indian Gaming Local Community Benefit Committee in each county in which gaming is conducted, specifies the composition and responsibilities of that committee, and requires that committee to make the selection of grants from those casino accounts. Among other things, the committee is responsible for establishing all application policies and procedures for grants from the casino accounts.
Existing law requires every state agency and local government agency to adopt and promulgate a Conflict of Interest Code applicable to enumerated positions within the agency and designated employees, as specified.
This bill would require each Indian Gaming Local Community Benefit Committee to adopt and approve a Conflict of Interest Code pursuant to these provisions. The bill would require any existing Conflict of Interest Code to be reviewed and amended as necessary to bring it into compliance with these requirements. By increasing the duties of local government entities, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Existing federal law, the Indian Gaming Regulatory Act of 1988, provides for the negotiation and execution of tribal-state gaming compacts for the purpose of authorizing certain types of gaming on Indian lands within a state. The California Constitution authorizes the Governor to negotiate and conclude compacts, subject to ratification by the Legislature. Existing law ratifies a number of tribal-state gaming compacts between the State of California and specified Indian tribes.
This bill would state the intent of the Legislature to enact legislation related to tribal gaming in California. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
Section 12715 of the Government Code is amended to read:
12715.
(a) The Controller, acting in consultation with the California Gambling Control Commission, shall divide the County Tribal Casino Account for each county that has gaming devices that are subject to an obligation to make contributions to the Indian Gaming Special Distribution Fund into a separate account for each tribe that operates a casino within the county. These accounts shall be known as Individual Tribal Casino Accounts, and funds may be released from these accounts to make grants selected by an Indian Gaming Local Community Benefit Committee pursuant to the method established by this section to local jurisdictions impacted by tribal casinos. Each Individual Tribal Casino Account shall be funded in proportion to the amount that each individual tribe paid in the prior fiscal year to the Indian Gaming Special Distribution Fund.
(b) (1) There is hereby created in each county in which Indian gaming is conducted an Indian Gaming Local Community Benefit Committee. The selection of all grants from each Individual Tribal Casino Account or County Tribal Casino Account shall be made by each county’s Indian Gaming Local Community Benefit Committee. In selecting grants, the Indian Gaming Local Community Benefit Committee shall follow the priorities established in subdivision (g) and the requirements specified in subdivision (h). This committee has the following additional responsibilities:
(A) Establishing all application policies and procedures for grants from the Individual Tribal Casino Account or County Tribal Casino Account. Each grant application shall clearly show how the grant will mitigate the impact of the casino on the grant applicant.
(B) Assessing the eligibility of applications for grants from local jurisdictions impacted by tribal gaming operations.
(C) Determining the appropriate amount for reimbursement from the aggregate county tribal account of the demonstrated costs incurred by the county for administering the grant programs. The reimbursement for county administrative costs may not exceed 2 percent of the aggregate county tribal account in any given fiscal year.
(2) Except as provided in Section 12715.5, the Indian Gaming Local Community Benefit Committee shall be composed of seven representatives, consisting of the following:
(A) Two representatives from the county, selected by the county board of supervisors.
(B) Three elected representatives from cities located within four miles of a tribal casino in the county, selected by the county board of supervisors. In the event that there are no cities located within four miles of a tribal casino in the county, other local representatives may be selected upon mutual agreement by the county board of supervisors and a majority of the tribes paying into the Indian Gaming Special Distribution Fund in the county. When there are no cities within four miles of a tribal casino in the county, and when the Indian Gaming Local Community Benefit Committee acts on behalf of a county where no tribes pay into the Indian Gaming Special Distribution Fund, other local representatives may be selected upon mutual agreement by the county board of supervisors and a majority of the tribes operating casinos in the county. However, if only one city is within four miles of a tribal casino and that same casino is located entirely within the unincorporated area of that particular county, only one elected representative from that city shall be included on the Indian Gaming Local Community Benefit Committee.
(C) Two representatives selected upon the recommendation of a majority of the tribes paying into the Indian Gaming Special Distribution Fund in each county. When an Indian Gaming Local Community Benefit Committee acts on behalf of a county
where
in which
no tribes pay into the Indian Gaming Special Distribution Fund, the two representatives may be selected upon the recommendation of the tribes operating casinos in the county.
(3) The Indian Gaming Local Community Benefit Committee shall adopt and approve a Conflict of Interest Code pursuant to Article 3 (commencing with Section 87300) of Chapter 7 of Title 9. Any existing Conflict of Interest Code shall be reviewed and amended as necessary to bring it into compliance with the requirements of Article 3 (commencing with Section 87300) of Chapter 7 of Title 9.
(c) Sixty percent of each Individual Tribal Casino Account shall be available for nexus grants on a yearly basis to cities and counties impacted by tribes that are paying into the Indian Gaming Special Distribution Fund, according to the four-part nexus test described in paragraph (1). Grant awards shall be selected by each county’s Indian Gaming Local Community Benefit Committee and shall be administered by the county. Grants may be awarded on a multiyear basis, and these multiyear grants shall be accounted for in the grant process for each year.
(1) A nexus test based on the geographical proximity of a local government jurisdiction to an individual Indian land upon which a tribal casino is located shall be used by each county’s Indian Gaming Local Community Benefit Committee to determine the relative priority for grants, using the following criteria:
(A) Whether the local government jurisdiction borders the Indian lands on all sides.
(B) Whether the local government jurisdiction partially borders Indian lands.
(C) Whether the local government jurisdiction maintains a highway, road, or other thoroughfare that is the predominant access route to a casino that is located within four miles.
(D) Whether all or a portion of the local government jurisdiction is located within four miles of a casino.
(2) Fifty percent of the amount specified in
this
subdivision
(c)
shall be awarded in equal proportions to local government jurisdictions that meet all four of the nexus test criteria in paragraph (1). If no eligible local government jurisdiction satisfies this requirement, the amount specified in this paragraph shall be made available for nexus grants in equal proportions to local government jurisdictions meeting the requirements of paragraph (3) or (4).
(3) Thirty percent of the amount specified in
this
subdivision
(c)
shall be awarded in equal proportions to local government jurisdictions that meet three of the nexus test criteria in paragraph (1). If no eligible local government jurisdiction satisfies this requirement, the amount specified in this paragraph shall be made available for nexus grants in equal proportions to local government jurisdictions meeting the requirements of paragraph (2) or (4).
(4) Twenty percent of the amount specified in
this
subdivision
(c)
shall be awarded in equal proportions to local government jurisdictions that meet two of the nexus test criteria in paragraph (1). If no eligible local government jurisdiction satisfies this requirement, the amount specified in this paragraph shall be made available for nexus grants in equal proportions to local government jurisdictions meeting the requirements of paragraph (2) or (3).
(d) Twenty percent of each Individual Tribal Casino Account shall be available for discretionary grants to local jurisdictions impacted by tribes that are paying into the Indian Gaming Special Distribution Fund. These discretionary grants shall be made available to all local jurisdictions in the county irrespective of any nexus to impacts from any particular tribal casino, as described in paragraph (1) of subdivision (c). Grant awards shall be selected by each county’s Indian Gaming Local Community Benefit Committee and shall be administered by the county. Grants may be awarded on a multiyear basis, and these multiyear grants shall be accounted for in the grant process for each year.
(e) (1) Twenty percent of each Individual Tribal Casino Account shall be available for discretionary grants to local jurisdictions impacted by tribes that are not paying into the Indian Gaming Special Distribution Fund. These grants shall be made available to local jurisdictions in the county irrespective of any nexus to impacts from any particular tribal casino, as described in paragraph (1) of subdivision (c), and irrespective of whether the impacts presented are from a tribal casino that is not paying into the Indian Gaming Special Distribution Fund. Grant awards shall be selected by each county’s Indian Gaming Local Community Benefit Committee and shall be administered by the county. Grants may be awarded on a multiyear basis, and these multiyear grants shall be accounted for in the grant process for each year.
(A) Grants awarded pursuant to this subdivision are limited to addressing service-oriented impacts and providing assistance with one-time large capital projects related to Indian gaming impacts.
(B) Grants shall be subject to the sole sponsorship of the tribe that pays into the Indian Gaming Special Distribution Fund and the recommendations of the Indian Gaming Local Community Benefit Committee for that county.
(2) If an eligible county does not have a tribal casino operated by a tribe that does not pay into the Indian Gaming Special Distribution Fund, the moneys available for discretionary grants under this subdivision shall be available for distribution pursuant to subdivision (d).
(f) (1) For each county that does not have gaming devices subject to an obligation to make payments to the Indian Gaming Special Distribution Fund, funds may be released from the county’s County Tribal Casino Account to make grants selected by the county’s Indian Gaming Local Community Benefit Committee pursuant to the method established by this section to local jurisdictions impacted by tribal casinos. These grants shall be made available to local jurisdictions in the county irrespective of any nexus to any particular tribal casino. These grants shall follow the priorities specified in subdivision (g) and the requirements specified in subdivision (h).
(2) Funds not allocated from a
county tribal casino account
County Tribal Casino Account
by the end of each fiscal year shall revert back to the Indian Gaming Special Distribution Fund.
Moneys allocated for the 2003–04 fiscal year shall be eligible for expenditure through December 31, 2004.
(g) The following uses shall be the priorities for the receipt of grant moneys from Individual Tribal Casino Accounts: law enforcement, fire services, emergency medical services, environmental impacts, water supplies, waste disposal, behavioral, health, planning and adjacent land uses, public health, roads, recreation and youth programs, and child care programs.
(h) In selecting grants pursuant to subdivision (b), an Indian Gaming Local Community Benefit Committee shall select only grant applications that mitigate impacts from casinos on local jurisdictions. If a local jurisdiction uses a grant selected pursuant to subdivision (b) for any unrelated purpose, the grant shall terminate immediately and any moneys not yet spent shall revert to the Indian Gaming Special Distribution Fund. If a local jurisdiction approves an expenditure that mitigates an impact from a casino on a local jurisdiction and that also provides other benefits to the local jurisdiction, the grant selected pursuant to subdivision (b) shall be used to finance only the proportionate share of the expenditure that mitigates the impact from the casino.
(i) All grants from Individual Tribal Casino Accounts shall be made only upon the affirmative sponsorship of the tribe paying into the Indian Gaming Special Distribution Fund from whose Individual Tribal Casino Account the grant moneys are available for distribution. Tribal sponsorship shall confirm that the grant application has a reasonable relationship to a casino impact and satisfies at least one of the priorities listed in subdivision (g). A grant may not be made for any purpose that would support or fund, directly or indirectly, any effort related to the opposition or challenge to Indian gaming in the state, and, to the extent any awarded grant is utilized for any prohibited purpose by any local government, upon notice given to the county by any tribe from whose Individual Tribal Casino Account the awarded grant went toward that prohibited use, the grant shall terminate immediately and any moneys not yet used shall again be made available for qualified nexus grants.
(j) A local government jurisdiction that is a recipient of a grant from an Individual Tribal Casino Account or a County Tribal Casino Account shall provide notice to the public, either through a slogan, signage, or other mechanism, stating that the local government project has received funding from the Indian Gaming Special Distribution Fund and further identifying the particular Individual Tribal Casino Account from which the grant derives.
(k) (1) Each county’s Indian Gaming Local Community Benefit Committee shall submit to the Controller a list of approved projects for funding from Individual Tribal Casino Accounts. Upon receipt of this list, the Controller shall release the funds directly to the local government entities for which a grant has been approved by the committee.
(2) Funds not allocated from an Individual Tribal Casino Account by the end of each fiscal year shall revert back to the Indian Gaming Special Distribution Fund.
Moneys allocated for the 2003–04 fiscal year shall be eligible for expenditure through December 31, 2004. Moneys allocated for the 2008–09 fiscal year shall be eligible for expenditure through December 31, 2009.
(l) Notwithstanding any other law, a local government jurisdiction that receives a grant from an Individual Tribal Casino Account shall deposit all funds received in an interest-bearing account and use the interest from those funds only for the purpose of mitigating an impact from a casino. If any portion of the funds in the account is used for any other purpose, the remaining portion shall revert to the Indian Gaming Special Distribution Fund. As a condition of receiving further funds under this section, a local government jurisdiction, upon request of the county, shall demonstrate to the county that all expenditures made from the account have been in compliance with the requirements of this section.
SEC. 2.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SECTION 1.
It is the intent of the Legislature to enact legislation related to tribal gaming in California.
### Summary:
This bill would amend Section 12715 of the Government Code to require the Controller to divide the County Tribal Casino Account for each county that has gaming |
The people of the State of California do enact as follows:
SECTION 1.
Section 25218.1 of the Health and Safety Code is amended to read:
25218.1.
For purposes of this article, the following terms have the following meanings:
(a) “Conditionally exempt small quantity generator” or “CESQG” means a business concern that meets the criteria specified in Section 261.5 of Title 40 of the Code of Federal Regulations.
(b) “Curbside household hazardous waste collection program” means a collection service authorized by a public agency that is operated in accordance with Section 25163 and subdivision (d) of Section 25218.5 and that collects one or more of the following types of household hazardous waste:
(1) Latex paint.
(2) Used oil.
(3) Used oil filters.
(4) Household hazardous waste that is designated as a universal waste pursuant to this chapter or the regulations adopted by the department.
(c) “Door-to-door household hazardous waste collection program” or “household hazardous waste residential pickup service” means a household hazardous waste service that meets all of the following requirements:
(1) The program or service is operated by a public agency or its contractor.
(2) The program or service is operated in accordance with subdivision (e) of Section 25218.5.
(3) (A) The program or service collects household hazardous waste from individual residences and transports that waste in an inspected and certified hazardous waste transport vehicle operated by a registered hazardous waste
transporter,
transporter
to either of the following:
(i) An authorized household hazardous waste collection facility.
(ii) A hazardous waste facility, as defined in Section 66260.10 of Title 22 of the California Code of Regulations.
(B) Clause (ii) of subparagraph (A) shall become inoperative on and after January 1, 2020.
(d) “Household” means a single detached residence or a single unit of a multiple residence unit and all appurtenant structures.
(e) “Household hazardous waste” means hazardous waste generated incidental to owning or maintaining a place of residence. Household hazardous waste does not include waste generated in the course of operating a business concern at a residence.
(f) “Household hazardous waste collection facility” means a facility operated by a public agency, or its contractor, for the purpose of collecting, handling, treating, storing, recycling, or disposing of household hazardous waste, and its operation may include accepting hazardous waste from conditionally exempt small quantity generators if that acceptance is authorized pursuant to Section 25218.3. Household hazardous waste collection facilities include permanent household hazardous waste collection facilities, as defined in subdivision (h), temporary household hazardous waste collection facilities, as defined in subdivision (p), recycle-only household hazardous waste collection facilities, as defined in subdivision (n), curbside household hazardous waste collection programs, as defined in subdivision (b), door-to-door household hazardous waste collection
program
programs
or household hazardous waste residential pickup
service
services
, as defined in subdivision (c), and mobile household hazardous waste collection facilities, as defined in subdivision (g).
(g) “Mobile household hazardous waste collection facility” means a portable structure within which a household hazardous waste collection facility is operated and that meets all of the following conditions:
(1) The facility is operated not more than four times in any one calendar year at the same location.
(2) The facility is operated not more than three consecutive weeks within a two-month period at the same location.
(3) Upon
the
termination of operations, all equipment, materials, and waste are removed from the site within 144 hours.
(h) “Permanent household hazardous waste collection facility” means a permanent or semipermanent structure at a fixed location that meets both of the following conditions:
(1) The facility is operated at the same location on a continuous, regular schedule.
(2) The hazardous waste stored at the facility is removed within one year after collection.
(i) “Public agency” means a state or federal agency, county, city, or district.
(j) “Quality assurance plan” means a written protocol prepared by a public agency that is designed to ensure that reusable household hazardous products or materials, as defined in subdivision (o), that are collected by a household hazardous waste collection program are evaluated to verify that product containers, contents, and labels are as they originated from the products’ manufacturers. The public agency or a person authorized by the public agency, as defined in subdivision (k), shall design the protocol to ensure, using its best efforts with the resources generally available to the public agency, or the person authorized by the public agency, that products selected for distribution are appropriately labeled, uncontaminated, and appear to be as they originated from the product manufacturers. A quality assurance plan shall identify specific procedures for evaluating each container placed in a recycling or exchange program. The quality assurance plan shall also identify those products that shall not be accepted for distribution in a recycling or exchange program. Unacceptable products may include, but are not limited to, banned or unregistered agricultural waste, as defined in subdivision (a) of Section 25207.1, and products containing polychlorinated biphenyls (PCB), asbestos, or dioxin.
(k) “Person authorized by the public agency” means an employee of a public agency or a person from whom services are contracted by the public agency.
(l) “Recipient” means a person who accepts a reusable household hazardous product or material at a household hazardous waste collection facility operating pursuant to this article.
(m) “Recyclable household hazardous waste material” means any of the following:
(1) Latex paint.
(2) Used oil.
(3) Used oil filters.
(4) Antifreeze.
(5) Spent lead-acid batteries.
(6) Household hazardous waste that is designated as a universal waste pursuant to this chapter or the regulations adopted by the department, except a universal waste for which the department determines, by regulation, that there is no readily available authorized recycling facility capable of accepting and recycling that waste.
(n) “Recycle-only household hazardous waste collection facility” means a household hazardous waste collection facility that is operated in accordance with Section 25218.8 and accepts for recycling only recyclable household hazardous waste materials.
(o) “Reusable household hazardous product or material” means a container of household hazardous product, or a container of hazardous material generated by a conditionally exempt small quantity generator, that has been received by a household hazardous waste collection facility operating pursuant to this article and that is offered for distribution in a materials exchange program to a recipient, as defined in subdivision (l), in accordance with a quality assurance plan, as defined in subdivision (j).
(p) “Temporary household hazardous waste collection facility” means a household hazardous waste collection facility that meets both of the following conditions:
(1) The facility is operated not more than once for a period of not more than two days in any one month at the same location.
(2) Upon termination of operations, all equipment, materials, and waste are removed from the site within 144 hours. | Existing law authorizes public agencies to operate household hazardous waste collection facilities, as defined, and specifies conditions for the transportation of household hazardous waste.
This bill would make nonsubstantive changes to the definitions pertaining to those provisions. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
Section 25218.1 of the Health and Safety Code is amended to read:
25218.1.
For purposes of this article, the following terms have the following meanings:
(a) “Conditionally exempt small quantity generator” or “CESQG” means a business concern that meets the criteria specified in Section 261.5 of Title 40 of the Code of Federal Regulations.
(b) “Curbside household hazardous waste collection program” means a collection service authorized by a public agency that is operated in accordance with Section 25163 and subdivision (d) of Section 25218.5 and that collects one or more of the following types of household hazardous waste:
(1) Latex paint.
(2) Used oil.
(3) Used oil filters.
(4) Household hazardous waste that is designated as a universal waste pursuant to this chapter or the regulations adopted by the department.
(c) “Door-to-door household hazardous waste collection program” or “household hazardous waste residential pickup service” means a household hazardous waste service that meets all of the following requirements:
(1) The program or service is operated by a public agency or its contractor.
(2) The program or service is operated in accordance with subdivision (e) of Section 25218.5.
(3) (A) The program or service collects household hazardous waste from individual residences and transports that waste in an inspected and certified hazardous waste transport vehicle operated by a registered hazardous waste
transporter,
transporter
to either of the following:
(i) An authorized household hazardous waste collection facility.
(ii) A hazardous waste facility, as defined in Section 66260.10 of Title 22 of the California Code of Regulations.
(B) Clause (ii) of subparagraph (A) shall become inoperative on and after January 1, 2020.
(d) “Household” means a single detached residence or a single unit of a multiple residence unit and all appurtenant structures.
(e) “Household hazardous waste” means hazardous waste generated incidental to owning or maintaining a place of residence. Household hazardous waste does not include waste generated in the course of operating a business concern at a residence.
(f) “Household hazardous waste collection facility” means a facility operated by a public agency, or its contractor, for the purpose of collecting, handling, treating, storing, recycling, or disposing of household hazardous waste, and its operation may include accepting hazardous waste from conditionally exempt small quantity generators if that acceptance is authorized pursuant to Section 25218.3. Household hazardous waste collection facilities include permanent household hazardous waste collection facilities, as defined in subdivision (h), temporary household hazardous waste collection facilities, as defined in subdivision (p), recycle-only household hazardous waste collection facilities, as defined in subdivision (n), curbside household hazardous waste collection programs, as defined in subdivision (b), door-to-door household hazardous waste collection
program
programs
or household hazardous waste residential pickup
service
services
, as defined in subdivision (c), and mobile household hazardous waste collection facilities, as defined in subdivision (g).
(g) “Mobile household hazardous waste collection facility” means a portable structure within which a household hazardous waste collection facility is operated and that meets all of the following conditions:
(1) The facility is operated not more than four times in any one calendar year at the same location.
(2) The facility is operated not more than three consecutive weeks within a two-month period at the same location.
(3) Upon
the
termination of operations, all equipment, materials, and waste are removed from the site within 144 hours.
(h) “Permanent household hazardous waste collection facility” means a permanent or semipermanent structure at a fixed location that meets both of the following conditions:
(1) The facility is operated at the same location on a continuous, regular schedule.
(2) The hazardous waste stored at the facility is removed within one year after collection.
(i) “Public agency” means a state or federal agency, county, city, or district.
(j) “Quality assurance plan” means a written protocol prepared by a public agency that is designed to ensure that reusable household hazardous products or materials, as defined in subdivision (o), that are collected by a household hazardous waste collection program are evaluated to verify that product containers, contents, and labels are as they originated from the products’ manufacturers. The public agency or a person authorized by the public agency, as defined in subdivision (k), shall design the protocol to ensure, using its best efforts with the resources generally available to the public agency, or the person authorized by the public agency, that products selected for distribution are appropriately labeled, uncontaminated, and appear to be as they originated from the product manufacturers. A quality assurance plan shall identify specific procedures for evaluating each container placed in a recycling or exchange program. The quality assurance plan shall also identify those products that shall not be accepted for distribution in a recycling or exchange program. Unacceptable products may include, but are not limited to, banned or unregistered agricultural waste, as defined in subdivision (a) of Section 25207.1, and products containing polychlorinated biphenyls (PCB), asbestos, or dioxin.
(k) “Person authorized by the public agency” means an employee of a public agency or a person from whom services are contracted by the public agency.
(l) “Recipient” means a person who accepts a reusable household hazardous product or material at a household hazardous waste collection facility operating pursuant to this article.
(m) “Recyclable household hazardous waste material” means any of the following:
(1) Latex paint.
(2) Used oil.
(3) Used oil filters.
(4) Antifreeze.
(5) Spent lead-acid batteries.
(6) Household hazardous waste that is designated as a universal waste pursuant to this chapter or the regulations adopted by the department, except a universal waste for which the department determines, by regulation, that there is no readily available authorized recycling facility capable of accepting and recycling that waste.
(n) “Recycle-only household hazardous waste collection facility” means a household hazardous waste collection facility that is operated in accordance with Section 25218.8 and accepts for recycling only recyclable household hazardous waste materials.
(o) “Reusable household hazardous product or material” means a container of household hazardous product, or a container of hazardous material generated by a conditionally exempt small quantity generator, that has been received by a household hazardous waste collection facility operating pursuant to this article and that is offered for distribution in a materials exchange program to a recipient, as defined in subdivision (l), in accordance with a quality assurance plan, as defined in subdivision (j).
(p) “Temporary household hazardous waste collection facility” means a household hazardous waste collection facility that meets both of the following conditions:
(1) The facility is operated not more than once for a period of not more than two days in any one month at the same location.
(2) Upon termination of operations, all equipment, materials, and waste are removed from the site within 144 hours.
### Summary:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
Section 2521 |
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:
(a) Many local educational agencies, including school districts, county offices of education, and community college
districts
districts,
have experienced rapid increases in energy costs due to energy rate increases approved by the Public Utilities Commission.
(b) Local educational agencies are disproportionately affected by rapid increases in energy costs and differ from other public agencies because they are strictly limited in their ability to raise local tax revenues to cover operational cost increases. Local educational agencies seeking to participate in Public Utilities Commission proceedings must hire attorneys and experts at their own expense, using the state and local dollars that were designated for educational programs.
(c) The cost of intervening in Public Utilities Commission proceedings is often prohibitive for local educational agencies; therefore, the perspectives of local educational agencies are often lost during proceedings to discuss rate changes.
(d) The Public Utilities Commission’s Intervenor Compensation Program is intended to ensure that individuals and groups that represent residential or small commercial electric utility customers have the financial resources to bring their concerns and interests to the commission during formal proceedings.
(e) As a regional agency, a county office of education is the appropriate intervenor in a proceeding affecting any local educational agency in whole or part within the county.
SEC. 2.
Section 1802 of the Public Utilities Code is amended to read:
1802.
As used in this article:
(a) “Compensation” means payment for all or part, as determined by the commission, of reasonable advocate’s fees, reasonable expert witness fees, and other reasonable costs of preparation for and participation in a proceeding, and includes the fees and costs of obtaining an award under this article and of obtaining judicial review, if any.
(b) (1) “Customer” means any of the following:
(A) A participant representing consumers, customers, or subscribers of any electrical, gas, telephone, telegraph, or water corporation that is subject to the jurisdiction of the commission.
(B) A representative who has been authorized by a customer.
(C) A representative of a group or organization authorized pursuant to its articles of incorporation or bylaws to represent the interests of residential customers, or to represent small commercial customers who receive bundled electric service from an electrical corporation.
(D) (i) Notwithstanding paragraph (2), a county office of education or a
community college district.
consortium of public school districts or agencies.
(ii)
(I)
A
county office of education may
consortium of public school districts or agencies shall only
participate or intervene pursuant to this article on behalf of
any of the
a
local
K–
12
educational
agencies in whole or part within the county or on behalf of itself.
agency in a commission proceeding relating to gas or electricity rates.
(II) A representative of a consortium of public school districts or agencies participating or intervening pursuant to this article in a commission proceeding shall not have had a direct financial interest in the resolution of the commission proceeding within the two years preceding the filing of comments with the commission, and shall not have a direct financial interest in the resolution of the proceeding sooner than two years after that resolution.
(2) “Customer” does not include any state, federal, or local government agency, any publicly owned public utility, or any entity that, in the commission’s opinion, was established or formed by a local government entity for the purpose of participating in a commission proceeding.
(c) “Expert witness fees” means recorded or billed costs incurred by a customer for an expert witness.
(d) “Other reasonable costs” means reasonable out-of-pocket expenses directly incurred by a customer that are directly related to the contentions or recommendations made by the customer that resulted in a substantial contribution.
(e) “Party” means any interested party, respondent public utility, or commission staff in a hearing or proceeding.
(f) “Proceeding” means an application, complaint, or investigation, rulemaking, alternative dispute resolution procedures in lieu of formal proceedings as may be sponsored or endorsed by the commission, or other formal proceeding before the commission.
(g) “Significant financial hardship” means either that the customer cannot afford, without undue hardship, to pay the costs of effective participation, including advocate’s fees, expert witness fees, and other reasonable costs of participation, or that, in the case of a group or organization, the economic interest of the individual members of the group or organization is small in comparison to the costs of effective participation in the proceeding.
(h) “Small commercial customer” means
any
a
nonresidential customer with a maximum peak demand of less than 50 kilowatts. The commission may establish rules to modify or change the definition of “small commercial customer,” including use of criteria other than a peak demand threshold, if the commission determines that the modification or change will promote participation in proceedings at the commission by organizations representing small businesses, without incorporating large commercial and industrial customers.
(i) “Substantial contribution” means that, in the judgment of the commission, the customer’s presentation has substantially assisted the commission in the making of its order or decision because the order or decision has adopted in whole or in part one or more factual contentions, legal contentions, or specific policy or procedural recommendations presented by the customer.
Where
If
the customer’s participation has resulted in a substantial contribution, even if the decision adopts that customer’s contention or recommendations only in part, the commission may award the customer compensation for all reasonable advocate’s fees, reasonable expert fees, and other reasonable costs incurred by the customer in preparing or presenting that contention or recommendation. | Under existing law, the Public Utilities Commission has broad regulatory authority pursuant to the California Constitution and the Public Utilities Act over public utilities, as defined. Existing law provides compensation for reasonable advocate’s fees, reasonable expert witness fees, and other reasonable costs to public utility customers and representatives of customers for participation or intervention in formal proceedings of the commission involving electrical, gas, water, telegraph, and telephone public utilities, but does not provide that compensation for local government agencies.
This bill would make legislative findings and declarations relating to local educational agency involvement in commission proceedings. The bill would authorize compensation for participation or intervention in the proceedings described above for a county office of education,
on behalf of any of the local educational agencies in whole or part within the county or on behalf of itself, or for a community college district.
or a consortium of public school districts or agencies participating or intervening on behalf of local K–12 educational agencies in a commission proceeding relating to gas or electricity rates. The bill would require that a representative of a consortium not have had a direct financial interest in the resolution of the commission proceeding within the 2 years preceding the filing of comments with the commission and not have a direct financial interest in the resolution until 2 years after that resolution. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:
(a) Many local educational agencies, including school districts, county offices of education, and community college
districts
districts,
have experienced rapid increases in energy costs due to energy rate increases approved by the Public Utilities Commission.
(b) Local educational agencies are disproportionately affected by rapid increases in energy costs and differ from other public agencies because they are strictly limited in their ability to raise local tax revenues to cover operational cost increases. Local educational agencies seeking to participate in Public Utilities Commission proceedings must hire attorneys and experts at their own expense, using the state and local dollars that were designated for educational programs.
(c) The cost of intervening in Public Utilities Commission proceedings is often prohibitive for local educational agencies; therefore, the perspectives of local educational agencies are often lost during proceedings to discuss rate changes.
(d) The Public Utilities Commission’s Intervenor Compensation Program is intended to ensure that individuals and groups that represent residential or small commercial electric utility customers have the financial resources to bring their concerns and interests to the commission during formal proceedings.
(e) As a regional agency, a county office of education is the appropriate intervenor in a proceeding affecting any local educational agency in whole or part within the county.
SEC. 2.
Section 1802 of the Public Utilities Code is amended to read:
1802.
As used in this article:
(a) “Compensation” means payment for all or part, as determined by the commission, of reasonable advocate’s fees, reasonable expert witness fees, and other reasonable costs of preparation for and participation in a proceeding, and includes the fees and costs of obtaining an award under this article and of obtaining judicial review, if any.
(b) (1) “Customer” means any of the following:
(A) A participant representing consumers, customers, or subscribers of any electrical, gas, telephone, telegraph, or water corporation that is subject to the jurisdiction of the commission.
(B) A representative who has been authorized by a customer.
(C) A representative of a group or organization authorized pursuant to its articles of incorporation or bylaws to represent the interests of residential customers, or to represent small commercial customers who receive bundled electric service from an electrical corporation.
(D) (i) Notwithstanding paragraph (2), a county office of education or a
community college district.
consortium of public school districts or agencies.
(ii)
(I)
A
county office of education may
consortium of public school districts or agencies shall only
participate or intervene pursuant to this article on behalf of
any of the
a
local
K–
12
educational
agencies in whole or part within the county or on behalf of itself.
agency in a commission proceeding relating to gas or electricity rates.
(II) A representative of a consortium of public school districts or agencies participating or intervening pursuant to this article in a commission proceeding shall not have had a direct financial interest in the resolution of the commission proceeding within the two years preceding the filing of comments with the commission, and shall not have a direct financial interest in the resolution of the proceeding sooner than two years after that resolution.
(2) “Customer” does not include any state, federal, or local government agency, any publicly owned public utility, or any entity that, in the commission’s opinion, was established or formed by a local government entity for the purpose of participating in a commission proceeding.
(c) “Expert witness fees” means recorded or billed costs incurred by a customer for an expert witness.
(d) “Other reasonable costs” means reasonable out-of-pocket expenses directly incurred by a customer that are directly related to the contentions or recommendations made by the customer that resulted in a substantial contribution.
(e) “Party” means any interested party, respondent public utility, or commission staff in a hearing or proceeding.
(f) “Proceeding” means an application, complaint, or investigation, rulemaking, alternative dispute resolution procedures in lieu of formal proceedings as may be sponsored or endorsed by the commission, or other formal proceeding before the commission.
(g) “Significant financial hardship” means either that the customer cannot afford, without undue hardship, to pay the costs of effective participation, including advocate’s fees, expert witness fees, and other reasonable costs of participation, or that, in the case of a group or organization, the economic interest of the individual members of the group or organization is small in comparison to the costs of effective participation in the proceeding.
(h) “Small commercial customer” means
any
a
nonresidential customer with a maximum peak demand of less than 50 kilowatts. The commission may establish rules to modify or change the definition of “small commercial customer,” including use of criteria other than a peak demand threshold, if the commission determines that the modification or change will promote participation in proceedings at the commission by organizations representing small businesses, without incorporating large commercial and industrial customers.
(i) “Substantial contribution” means that, in the judgment of the commission, the customer’s presentation has substantially assisted the commission in the making of its order or decision because the order or decision has adopted in whole or in part one or more factual contentions, legal contentions, or specific policy or procedural recommendations presented by the customer.
Where
If
the customer’s participation has resulted in a substantial contribution, even if the decision adopts that customer’s contention or recommendations only in part, the commission may award the customer compensation for all reasonable advocate’s fees, reasonable expert fees, and other reasonable costs incurred by the customer in preparing or presenting that contention or recommendation.
### Summary:
<bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos> |
The people of the State of California do enact as follows:
SECTION 1.
This act shall be known, and may be cited, as the Responsible Beverage Service Training Program Act of 2016.
SEC. 2.
Article 4 (commencing with Section 25680) is added to Chapter 16 of Division 9 of the Business and Professions Code, to read:
Article 4. Responsible Beverage Service (RBS) Training Program Act of 2016
25680.
For purposes of this article:
(a) “Accredited training provider” means either of the following:
(1) A training provider accredited by the American National Standards Institute (ANSI) that meets ASTM International E2659-15 Standard Practice for Certificate Programs.
(2) A training provider accredited by an accreditation agency other than ANSI, provided the accreditation agency is authorized by the department to accredit training providers offering RBS training courses.
(b) “Alcohol server” means a person who sells or serves alcoholic beverages directly to consumers, or a person who manages or supervises a person who sells or serves alcoholic beverages directly to consumers, including the onsite establishment owner of a licensed facility, for consumption on the premises of a licensed facility that includes, but is not limited to, one-day events, fairs, festivals, sporting events, and other special events.
(c) “RBS training course” means a Responsible Beverage Service training course that meets the requirements of subdivision (b) of Section 25682.
(d) “Self-training and assessment” means a process where the individual trains, and takes an assessment, without the presence or intervention of a trainer or instructor and includes, but is not limited to, training and assessment through the use of a computer program or the Internet.
25681.
(a) Notwithstanding any laws to the contrary, beginning July 1, 2020, an alcohol server shall successfully complete an RBS training course from an accredited training provider within three months of employment and every three years thereafter.
(b) The licensee shall ensure that those persons required to successfully complete an RBS training course do so. A current certificate or card provided by any accredited training provider shall be sufficient documentation of successful completion and shall be accepted throughout the state.
(c) A nonprofit organization that has obtained a temporary daily on-sale license or a temporary daily off-sale license from the department shall designate a person or persons to receive RBS training prior to the event and that designated person or those designated persons shall remain on site for the duration of the event.
25682.
(a) On or before January 1, 2020, the department shall establish a list, published on the department’s Internet Web site, of RBS training courses offered by accredited training providers that may be used to fulfill the requirements of Section 25681.
(b) (1) An RBS training course shall consist of at least four hours of instruction and include, but shall not be limited to, the following information:
(A) The social impact of alcohol.
(B) The impact of alcohol on the body.
(C) State laws and regulations relating to alcoholic beverage control, including laws and regulations related to driving under the influence.
(D) Intervention techniques to prevent the service or sale of alcoholic beverages to underage persons or intoxicated patrons.
(E) The development of management policies that support the prevention of service or sale of alcoholic beverages to underage persons or intoxicated patrons.
(F) The course shall provide basic, introductory instruction on the elements described in subparagraphs (A) to (E), inclusive.
(2) An RBS training course may be offered through a trainer-led class and assessment or self-training and assessment.
(3) An RBS certificate or card shall be issued only upon successful completion of an RBS training course and assessment. A minimum score of 70 percent on the assessment shall be required to successfully complete the course.
(4) An RBS training course shall issue a certificate or card to individuals who successfully complete a course. The certificate or card shall be valid for three years from the original date of issuance, regardless of whether the alcohol server changes employers during that period.
(5) The department may, by regulation, establish additional training standards and curricula to be included in an RBS training course.
(c) At least one RBS training course shall cost a participant no more than fifteen dollars ($15), inclusive of the certificate or card provided upon successful completion of the training course. At least one RBS training course shall be offered in Spanish. If no RBS training courses meet these requirements, Section 25681 shall not apply.
(d) The department may authorize an accreditation agency, in addition to ANSI, to accredit training providers to offer RBS training courses and may collect fees to cover the reasonable costs associated with the review and approval of that accreditation agency.
25683.
(a) Beginning January 1, 2019, the department shall include information on the RBS training course requirement pursuant to Section 25681, including information on documentation requirements, on the application for an authorized license and with the license renewal notices sent to authorized licensees.
(b) Beginning July 1, 2020, all authorized licensees shall maintain, and provide upon request by the department, all records necessary to establish compliance with this section.
25684.
(a) Beginning July 1, 2020, an authorized licensee, the agent or employee of that licensee, or an alcohol server who knowingly and intentionally violates any provision of this article shall be subject only to the civil and administrative penalties authorized by this division.
(b) An alcohol server shall be subject to the provisions of subdivisions (b) and (c) of Section 25602. | The Alcoholic Beverage Control Act, administered by the Department of Alcoholic Beverage Control, regulates the granting of licenses for the manufacture, distribution, and sale of alcoholic beverages within the state. Under existing law, any on-sale license authorizes the sale of the alcoholic beverage specified in the license for consumption on the premises where sold. Currently, the Licensee Education on Alcohol and Drugs (LEAD) program is a voluntary prevention and education program for retail licensees, their employees, and applicants, regarding alcohol responsibility and the law.
This bill would, in addition to the LEAD program, establish the Responsible Beverage Service (RBS) Training Program Act of 2016, beginning July 1, 2020, that would require an alcohol server, as defined, to successfully complete an RBS training course offered by an accredited training provider within 3 months of employment and every 3 years thereafter. The bill would require a nonprofit organization that obtained a temporary daily on-sale or off-sale license to designate a person or persons to receive RBS training before the event and would require that person or those persons to remain on site for the duration of the event. The bill would provide that an RBS training course include information on, among other things, state laws and regulations relating to alcoholic beverage control and the impact of alcohol on the body. The bill would require the Department of Alcoholic Beverage Control, on or before January 1, 2020, to establish a list published on the department’s Internet Web site of RBS training courses and would authorize the department to collect fees to cover the reasonable costs of review and approval of accreditation agencies. The bill, beginning January 1, 2019, would require the department to provide information on RBS training requirements on applications for, and renewals of, authorized licenses. The bill, beginning July 1, 2020, would require all authorized licensees to maintain, and provide upon request by the department, all records necessary to establish compliance with these provisions. The bill, beginning July 1, 2020, would provide that an authorized licensee, the licensee’s agent or employee, or an alcohol server who knowingly and intentionally violates any of these provisions is subject only to civil and administrative penalties, as specified. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
This act shall be known, and may be cited, as the Responsible Beverage Service Training Program Act of 2016.
SEC. 2.
Article 4 (commencing with Section 25680) is added to Chapter 16 of Division 9 of the Business and Professions Code, to read:
Article 4. Responsible Beverage Service (RBS) Training Program Act of 2016
25680.
For purposes of this article:
(a) “Accredited training provider” means either of the following:
(1) A training provider accredited by the American National Standards Institute (ANSI) that meets ASTM International E2659-15 Standard Practice for Certificate Programs.
(2) A training provider accredited by an accreditation agency other than ANSI, provided the accreditation agency is authorized by the department to accredit training providers offering RBS training courses.
(b) “Alcohol server” means a person who sells or serves alcoholic beverages directly to consumers, or a person who manages or supervises a person who sells or serves alcoholic beverages directly to consumers, including the onsite establishment owner of a licensed facility, for consumption on the premises of a licensed facility that includes, but is not limited to, one-day events, fairs, festivals, sporting events, and other special events.
(c) “RBS training course” means a Responsible Beverage Service training course that meets the requirements of subdivision (b) of Section 25682.
(d) “Self-training and assessment” means a process where the individual trains, and takes an assessment, without the presence or intervention of a trainer or instructor and includes, but is not limited to, training and assessment through the use of a computer program or the Internet.
25681.
(a) Notwithstanding any laws to the contrary, beginning July 1, 2020, an alcohol server shall successfully complete an RBS training course from an accredited training provider within three months of employment and every three years thereafter.
(b) The licensee shall ensure that those persons required to successfully complete an RBS training course do so. A current certificate or card provided by any accredited training provider shall be sufficient documentation of successful completion and shall be accepted throughout the state.
(c) A nonprofit organization that has obtained a temporary daily on-sale license or a temporary daily off-sale license from the department shall designate a person or persons to receive RBS training prior to the event and that designated person or those designated persons shall remain on site for the duration of the event.
25682.
(a) On or before January 1, 2020, the department shall establish a list, published on the department’s Internet Web site, of RBS training courses offered by accredited training providers that may be used to fulfill the requirements of Section 25681.
(b) (1) An RBS training course shall consist of at least four hours of instruction and include, but shall not be limited to, the following information:
(A) The social impact of alcohol.
(B) The impact of alcohol on the body.
(C) State laws and regulations relating to alcoholic beverage control, including laws and regulations related to driving under the influence.
(D) Intervention techniques to prevent the service or sale of alcoholic beverages to underage persons or intoxicated patrons.
(E) The development of management policies that support the prevention of service or sale of alcoholic beverages to underage persons or intoxicated patrons.
(F) The course shall provide basic, introductory instruction on the elements described in subparagraphs (A) to (E), inclusive.
(2) An RBS training course may be offered through a trainer-led class and assessment or self-training and assessment.
(3) An RBS certificate or card shall be issued only upon successful completion of an RBS training course and assessment. A minimum score of 70 percent on the assessment shall be required to successfully complete the course.
(4) An RBS training course shall issue a certificate or card to individuals who successfully complete a course. The certificate or card shall be valid for three years from the original date of issuance, regardless of whether the alcohol server changes employers during that period.
(5) The department may, by regulation, establish additional training standards and curricula to be included in an RBS training course.
(c) At least one RBS training course shall cost a participant no more than fifteen dollars ($15), inclusive of the certificate or card provided upon successful completion of the training course. At least one RBS training course shall be offered in Spanish. If no RBS training courses meet these requirements, Section 25681 shall not apply.
(d) The department may authorize an accreditation agency, in addition to ANSI, to accredit training providers to offer RBS training courses and may collect fees to cover the reasonable costs associated with the review and approval of that accreditation agency.
25683.
(a) Beginning January 1, 2019, the department shall include information on the RBS training course requirement pursuant to Section 25681, including information on documentation requirements, on the application for an authorized license and with the license renewal notices sent to authorized licensees.
(b) Beginning July 1, 2020, all authorized licensees shall maintain, and provide upon request by the department, all records necessary to establish compliance with this section.
25684.
(a) Beginning July 1, 2020, an authorized licensee, the agent or employee of that licensee, or an alcohol server who knowingly and intentionally violates any provision of this article shall be subject only to the civil and administrative penalties authorized by this division.
(b) An alcohol server shall be subject to the provisions of subdivisions (b) and (c) of Section 25602.
### Summary:
<bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos> |
The people of the State of California do enact as follows:
SECTION 1.
Section 44390 of the Education Code is repealed.
SEC. 2.
Section 44390 is added to the Education Code, to read:
44390.
The Legislature finds and declares all of the following:
(a) All children deserve a highly qualified teacher.
(b) California faces a severe teacher shortage.
(c) The demand for new teachers is growing due to the inability to attract new teachers into the profession, the high attrition rate of new teachers, and the retirement of existing teachers.
(d) California has a 50-percent higher pupil-to-teacher ratio than any other state in the country at 24 to 1.
(e) It is estimated that California will need 60,000 additional teachers to
maintain the current pupil-to-teacher ratio.
bring pupil-to-teacher ratios back to prerecession levels.
(f)
If
California
will
were to reduce pupil-to-teacher ratios to the national average of 16 to 1, school districts would
need
to hire
135,000 additional
teachers in order to return to the prerecession pupil-to-teacher ratio of 16 to 1.
teachers.
(g) Teacher shortages vary by subject and region.
(h) Enrollment in teacher credentialing programs dropped 76 percent between 2002 and 2014.
(i) In 2014 and 2015, 40 percent of credentials were awarded to underprepared teachers.
(j) The diversity in the teacher workforce in California does not match the diversity of the pupil population.
(k) Roughly 65 percent of teachers are white, 20 percent are Hispanic, and 15 percent are a different race or ethnicity.
(l) Classified school employees currently working in public schools represent a potential pool of future teachers.
(m) Classified school employees as a group make up the most diverse segment of the professional school community.
(n) Providing incentives for classified school employees to obtain a bachelor’s degree and become fully credentialed teachers is a proven strategy to increase the number of highly qualified teachers in California’s schools.
SEC. 3.
Section 44391 of the Education Code is amended to read:
44391.
This article shall be known, and may be cited, as the California Classified School Employee Teacher Credentialing Program.
SEC. 4.
Section 44392 of the Education Code is amended to read:
44392.
For the purposes of this article, unless the context clearly requires otherwise, the following terms shall have the following meanings:
(a) “Applicant” means a school district or county office of education applying for program funds under the California Classified School Employee Teacher Credentialing Program.
(b) “Institutions of higher education” means the California Community Colleges, the California State University, the University of California, and private not-for-profit institutions of higher education that offer a commission-approved teacher preparation program.
(c) “Participant” means a classified school employee who elects to participate in the California Classified School Employee Teacher Credentialing Program.
(d) “Program” means the California Classified School Employee Teacher Credentialing Program.
(e) “Classified school employee” means a noncertificated school employee currently working in a public school pursuant to this chapter.
(f) “Teacher training program” means an undergraduate or graduate program of instruction conducted by a
campus of an institution of higher education
teacher preparation program approved by the commission
that includes a developmentally sequenced career ladder to provide instruction, coursework, and clearly defined tasks for each level of the ladder, and that is designed to qualify students enrolled in the program for a teaching credential authorizing instruction in kindergarten and grades 1 to 12, inclusive.
SEC. 5.
Section 44393 of the Education Code is amended to read:
44393.
(a) The California Classified School Employee Teacher Credentialing Program is hereby established for the purpose of recruiting classified school employees to participate in a program designed to encourage them to enroll in teacher training programs and to provide instructional service as teachers in the public schools.
(b) Subject to an appropriation for these purposes in the annual Budget Act, the commission shall issue a request for proposals to all school districts and county offices of education in the state in order to solicit applications for funding. The criteria adopted by the commission for the selection of school districts or county offices of education to participate in the program shall include all of the following:
(1) The extent to which the applicant demonstrates the capacity and willingness to accommodate the participation of classified school employees in teacher training programs conducted at institutions of higher education.
(2) The extent to which the applicant’s plan for the implementation of its recruitment program involves the active participation of one or more local campuses of the participating institutions of higher education in the development of coursework and teaching programs for participating classified school employees. Each selected applicant shall be required to enter into a written articulation agreement with the participating campuses of the institutions of higher education.
(3) The extent to which the applicant’s plan for recruitment attempts to meet the demand of teacher shortages in shortage areas in
kindergarten
transitional kindergarten, kindergarten,
and grades 1 to 12, inclusive. Each classified school employee selected to participate shall have
successfully
completed at least two years of undergraduate college or university coursework and shall have demonstrated an interest in obtaining a multiple subject or single subject teaching credential.
(4) The extent to which a developmentally sequenced series of job descriptions leads from an entry-level classified school employee position to an entry-level teaching position in that school district or county office of education.
(5) The extent to which the applicant’s plan for recruitment attempts to meet its own specific teacher needs.
(c) An applicant that is selected to participate pursuant to subdivision (b) shall provide information about the program to all eligible classified school employees in the school district or county office of education and assistance to each classified school employee it recruits under the program regarding admission to a teacher training program.
(d) (1) An applicant shall require participants to satisfy
all
both
of the following requirements before participating in the program:
(A) Pass a criminal background check.
(B) Provide verification of one of the following:
(i) Has earned an associate or higher level degree.
(ii) Has
successfully
completed at least two years of study at a postsecondary educational institution.
(2) An applicant shall certify that it has received a commitment from each participant that he or she will accomplish all of the following:
(A) Graduate from an institution of higher education under the program with a bachelor’s degree.
(B) Complete all of the requirements for, and obtain, a multiple subject, single subject, or education specialist teaching credential.
(C) Complete one school year of classroom instruction in the school district or county office of education for each year that he or she receives assistance for books, fees, and tuition while attending an institution of higher education under the program.
(e) The commission shall contract with an independent evaluator with a proven record of experience in assessing teacher training programs to conduct an evaluation to determine the success of the program. The evaluation shall be conducted once every five years, with the first evaluation being completed on or before July 1, 2021. The commission shall submit the completed evaluation to the Governor and the education policy and fiscal committees of the Assembly and Senate.
(f) On or before January 1 of each year, the commission shall report to the Legislature regarding the status of the program, including, but not limited to, the number of classified school employees recruited, the academic progress of the classified school employees recruited, the number of classified school employees recruited who are subsequently employed as teachers in the public schools, the degree to which the applicant meets the teacher shortage needs of the school district or county office of education, and the ethnic and racial composition of the participants in the program. The report shall be made in conformance with Section 9795 of the Government Code.
(g) It is the intent of the Legislature
that
that,
each fiscal year, funding for the California Classified School Employee Teacher Credentialing Program be allocated to the commission for grants for up to 1,000 new participants per year. A grant to an applicant shall not exceed four thousand dollars ($4,000) per participant per year. Funding for grants to applicants shall be contingent upon an appropriation in the annual Budget Act. | The Wildman-Keeley-Solis Exemplary Teacher Training Act of 1997 establishes the California School Paraprofessional Teacher Training Program for the purpose of recruiting paraprofessionals to participate in a program designed to encourage them to enroll in teacher training programs and to provide instructional service as teachers in the public schools. The act requires, among other things, that the Commission on Teacher Credentialing, in consultation with certain other educational entities,
to
select, pursuant to specified criteria, 24 or more school districts or county offices of education representing rural, urban, and suburban areas that apply to participate in the program. The act requires a school district or county office of education to require a person participating in the program to commit to fulfilling certain specified obligations relating to obtaining a teaching credential and employment as a teacher in the school district or county office of education. The act requires a school district or county office of education to require a program participant to obtain a certificate of clearance from the commission and provide verification of a specified level of academic achievement prior to participating in the program. The act expresses the intent of the Legislature
that
that,
in each fiscal year, funding for the California School Paraprofessional Teacher Training Program be allocated to the commission for grants to school districts and county offices of education, limits grants to $3,500 per program participant per year, and makes funding for the grants contingent upon an appropriation in the annual Budget Act.
This bill would substantially revise those provisions to instead establish the California Classified School Employee Teacher Credentialing Program for the
purposes
purpose
of recruiting classified school employees to participate in a program designed to encourage them to enroll in teacher training programs and to provide instructional service as teachers in the public schools. Subject to an appropriation for these purposes in the annual Budget Act, the bill would require the commission to issue a request for proposals to all school districts and county offices of education in the state in order to solicit applications for funding. The bill would require the criteria adopted by the commission for the selection of school districts or county offices of education to participate in the program to include, among other things, the extent to which the applicant’s plan for recruitment attempts to meet the demand of teacher shortages in shortage areas in
kindergarten
transitional kindergarten, kindergarten,
and grades 1 to 12, inclusive. The bill would require an applicant that is selected to participate to provide information about the program to all eligible classified school employees in the school district or county office of education and to provide assistance to each classified school employee it recruits under the program regarding admission to a teacher training program. The bill would also require an applicant to require participants to satisfy specified requirements before participating in the program, including passing a background check, and to certify that it has received a commitment from each participant that he or she will accomplish certain things, including completing all of the requirements for, and obtain, a multiple subject, single subject, or education specialist teaching credential. The bill would require the commission to contract with an independent evaluator with a proven record of experience in assessing teacher training programs to conduct an evaluation to determine the success of the program and would require the evaluation to be conducted once every 5 years, with the first evaluation being completed on or before July 1, 2021. The bill would also require the commission, on or before January 1 of each year, to report to the Legislature regarding the status of the program, as specified. The bill would state the Legislature’s intent
that
that,
each fiscal year, funding for the program be allocated to the commission for grants for up to 1,000 new participants per year and would prohibit a grant to an applicant from exceeding $4,000 per participant per year. The bill would make funding for grants to applicants contingent upon an appropriation in the annual Budget Act. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
Section 44390 of the Education Code is repealed.
SEC. 2.
Section 44390 is added to the Education Code, to read:
44390.
The Legislature finds and declares all of the following:
(a) All children deserve a highly qualified teacher.
(b) California faces a severe teacher shortage.
(c) The demand for new teachers is growing due to the inability to attract new teachers into the profession, the high attrition rate of new teachers, and the retirement of existing teachers.
(d) California has a 50-percent higher pupil-to-teacher ratio than any other state in the country at 24 to 1.
(e) It is estimated that California will need 60,000 additional teachers to
maintain the current pupil-to-teacher ratio.
bring pupil-to-teacher ratios back to prerecession levels.
(f)
If
California
will
were to reduce pupil-to-teacher ratios to the national average of 16 to 1, school districts would
need
to hire
135,000 additional
teachers in order to return to the prerecession pupil-to-teacher ratio of 16 to 1.
teachers.
(g) Teacher shortages vary by subject and region.
(h) Enrollment in teacher credentialing programs dropped 76 percent between 2002 and 2014.
(i) In 2014 and 2015, 40 percent of credentials were awarded to underprepared teachers.
(j) The diversity in the teacher workforce in California does not match the diversity of the pupil population.
(k) Roughly 65 percent of teachers are white, 20 percent are Hispanic, and 15 percent are a different race or ethnicity.
(l) Classified school employees currently working in public schools represent a potential pool of future teachers.
(m) Classified school employees as a group make up the most diverse segment of the professional school community.
(n) Providing incentives for classified school employees to obtain a bachelor’s degree and become fully credentialed teachers is a proven strategy to increase the number of highly qualified teachers in California’s schools.
SEC. 3.
Section 44391 of the Education Code is amended to read:
44391.
This article shall be known, and may be cited, as the California Classified School Employee Teacher Credentialing Program.
SEC. 4.
Section 44392 of the Education Code is amended to read:
44392.
For the purposes of this article, unless the context clearly requires otherwise, the following terms shall have the following meanings:
(a) “Applicant” means a school district or county office of education applying for program funds under the California Classified School Employee Teacher Credentialing Program.
(b) “Institutions of higher education” means the California Community Colleges, the California State University, the University of California, and private not-for-profit institutions of higher education that offer a commission-approved teacher preparation program.
(c) “Participant” means a classified school employee who elects to participate in the California Classified School Employee Teacher Credentialing Program.
(d) “Program” means the California Classified School Employee Teacher Credentialing Program.
(e) “Classified school employee” means a noncertificated school employee currently working in a public school pursuant to this chapter.
(f) “Teacher training program” means an undergraduate or graduate program of instruction conducted by a
campus of an institution of higher education
teacher preparation program approved by the commission
that includes a developmentally sequenced career ladder to provide instruction, coursework, and clearly defined tasks for each level of the ladder, and that is designed to qualify students enrolled in the program for a teaching credential authorizing instruction in kindergarten and grades 1 to 12, inclusive.
SEC. 5.
Section 44393 of the Education Code is amended to read:
44393.
(a) The California Classified School Employee Teacher Credentialing Program is hereby established for the purpose of recruiting classified school employees to participate in a program designed to encourage them to enroll in teacher training programs and to provide instructional service as teachers in the public schools.
(b) Subject to an appropriation for these purposes in the annual Budget Act, the commission shall issue a request for proposals to all school districts and county offices of education in the state in order to solicit applications for funding. The criteria adopted by the commission for the selection of school districts or county offices of education to participate in the program shall include all of the following:
(1) The extent to which the applicant demonstrates the capacity and willingness to accommodate the participation of classified school employees in teacher training programs conducted at institutions of higher education.
(2) The extent to which the applicant’s plan for the implementation of its recruitment program involves the active participation of one or more local campuses of the participating institutions of higher education in the development of coursework and teaching programs for participating classified school employees. Each selected applicant shall be required to enter into a written articulation agreement with the participating campuses of the institutions of higher education.
(3) The extent to which the applicant’s plan for recruitment attempts to meet the demand of teacher shortages in shortage areas in
kindergarten
transitional kindergarten, kindergarten,
and grades 1 to 12, inclusive. Each classified school employee selected to participate shall have
successfully
completed at least two years of undergraduate college or university coursework and shall have demonstrated an interest in obtaining a multiple subject or single subject teaching credential.
(4) The extent to which a developmentally sequenced series of job descriptions leads from an entry-level classified school employee position to an entry-level teaching position in that school district or county office of education.
(5) The extent to which the applicant’s plan for recruitment attempts to meet its own specific teacher needs.
(c) An applicant that is selected to participate pursuant to subdivision (b) shall provide information about the program to all eligible classified school employees in the school district or county office of education and assistance to each classified school employee it recruits under the program regarding admission to a teacher training program.
(d) (1) An applicant shall require participants to satisfy
all
both
of the following requirements before participating in the program:
(A) Pass a criminal background check.
(B) Provide verification of one of the following:
(i) Has earned an associate or higher level degree.
(ii) Has
successfully
completed at least two years of study at a postsecondary educational institution.
(2) An applicant shall certify that it has received a commitment from each participant that he or she will accomplish all of the following:
(A) Graduate from an institution of higher education under the program with a bachelor’s degree.
(B) Complete all of the requirements for, and obtain, a multiple subject, single subject, or education specialist teaching credential.
(C) Complete one school year of classroom instruction in the school district or county office of education for each year that he or she receives assistance for books, fees, and tuition while attending an institution of higher education under the program.
(e) The commission shall contract with an independent evaluator with a proven record of experience in assessing teacher training programs to conduct an evaluation to determine the success of the program. The evaluation shall be conducted once every five years, with the first evaluation being completed on or before July 1, 2021. The commission shall submit the completed evaluation to the Governor and the education policy and fiscal committees of the Assembly and Senate.
(f) On or before January 1 of each year, the commission shall report to the Legislature regarding the status of the program, including, but not limited to, the number of classified school employees recruited, the academic progress of the classified school employees recruited, the number of classified school employees recruited who are subsequently employed as teachers in the public schools, the degree to which the applicant meets the teacher shortage needs of the school district or county office of education, and the ethnic and racial composition of the participants in the program. The report shall be made in conformance with Section 9795 of the Government Code.
(g) It is the intent of the Legislature
that
that,
each fiscal year, funding for the California Classified School Employee Teacher Credentialing Program be allocated to the commission for grants for up to 1,000 new participants per year. A grant to an applicant shall not exceed four thousand dollars ($4,000) per participant per year. Funding for grants to applicants shall be contingent upon an appropriation in the annual Budget Act.
### Summary:
This bill would repeal Section 44390 of the Education Code, which establishes the California Classified School Employee Teacher Credentialing Program. This bill would also |
The people of the State of California do enact as follows:
SECTION 1.
Section 52060 of the
Education Code
is amended to read:
52060.
(a)On or before July 1, 2014, the governing board of each school district shall adopt a local control and accountability plan using a template adopted by the state board.
(b)A local control and accountability plan adopted by the governing board of a school district shall be effective for a period of three years, and shall be updated on or before July 1 of each year.
(c)A local control and accountability plan adopted by the governing board of a school district shall include, for the school district and each school within the school district, all of the following:
(1)A description of the annual goals, for all pupils and each subgroup of pupils identified pursuant to Section 52052, to be achieved for each of the state priorities identified in subdivision (d) and for any additional local priorities identified by the governing board of the school district. For purposes of this article, a subgroup of pupils identified pursuant to Section 52052 shall be a numerically significant pupil subgroup as specified in paragraphs (2) and (3) of subdivision (a) of Section 52052.
(2)A description of the specific actions the school district will take during each year of the local control and accountability plan to achieve the goals identified in paragraph (1), including the enumeration of any specific actions necessary for that year to correct any deficiencies in regard to the state priorities listed in paragraph (1) of subdivision (d). The specific actions shall not supersede the provisions of existing local collective bargaining agreements within the jurisdiction of the school district.
(3)(A)An assessment of the water access points at each school in the district, including the number, location, and whether the access points are in good condition. The school district shall also include goals and actions to address any deficiencies uncovered by the assessment. The governing board of the school district shall report progress on addressing the deficiencies in its annual update required pursuant to subdivision (b).
(B)The department shall compile these assessments and transmit them to the State Water Resources Control Board.
(d)All of the following are state priorities:
(1)The degree to which the teachers of the school district are appropriately assigned in accordance with Section 44258.9, and fully credentialed in the subject areas, and, for the pupils they are teaching, every pupil in the school district has sufficient access to the standards-aligned instructional materials as determined pursuant to Section 60119, and school facilities are maintained in good repair, as defined in subdivision (d) of Section 17002.
(2)Implementation of the academic content and performance standards adopted by the state board, including how the programs and services will enable English learners to access the common core academic content standards adopted pursuant to Section 60605.8 and the English language development standards adopted pursuant to former Section 60811.3, as that section read on June 30, 2013, or Section 60811.4, for purposes of gaining academic content knowledge and English language proficiency.
(3)Parental involvement, including efforts the school district makes to seek parent input in making decisions for the school district and each individual schoolsite, and including how the school district will promote parental participation in programs for unduplicated pupils and individuals with exceptional needs.
(4)Pupil achievement, as measured by all of the following, as applicable:
(A)Statewide assessments administered pursuant to Article 4 (commencing with Section 60640) of Chapter 5 of Part 33 or any subsequent assessment, as certified by the state board.
(B)The Academic Performance Index, as described in Section 52052.
(C)The percentage of pupils who have successfully completed courses that satisfy the requirements for entrance to the University of California and the California State University, or career technical education sequences or programs of study that align with state board-approved career technical education standards and frameworks, including, but not limited to, those described in subdivision (a) of Section 52302, subdivision (a) of Section 52372.5, or paragraph (2) of subdivision (e) of Section 54692.
(D)The percentage of English learner pupils who make progress toward English proficiency as measured by the California English Language Development Test or any subsequent assessment of English proficiency, as certified by the state board.
(E)The English learner reclassification rate.
(F)The percentage of pupils who have passed an advanced placement examination with a score of 3 or higher.
(G)The percentage of pupils who participate in, and demonstrate college preparedness pursuant to, the Early Assessment Program, as described in Chapter 6 (commencing with Section 99300) of Part 65 of Division 14 of Title 3, or any subsequent assessment of college preparedness.
(5)Pupil engagement, as measured by all of the following, as applicable:
(A)School attendance rates.
(B)Chronic absenteeism rates.
(C)Middle school dropout rates, as described in paragraph (3) of subdivision (a) of Section 52052.1.
(D)High school dropout rates.
(E)High school graduation rates.
(6)School climate, as measured by all of the following, as applicable:
(A)Pupil suspension rates.
(B)Pupil expulsion rates.
(C)Other local measures, including surveys of pupils, parents, and teachers on the sense of safety and school connectedness.
(7)The extent to which pupils have access to, and are enrolled in, a broad course of study that includes all of the subject areas described in Section 51210 and subdivisions (a) to (i), inclusive, of Section 51220, as applicable, including the programs and services developed and provided to unduplicated pupils and individuals with exceptional needs, and the programs and services that are provided to benefit these pupils as a result of the funding received pursuant to Section 42238.02, as implemented by Section 42238.03.
(8)Pupil outcomes, if available, in the subject areas described in Section 51210 and subdivisions (a) to (i), inclusive, of Section 51220, as applicable.
(e)For purposes of the descriptions required by subdivision (c), the governing board of a school district may consider qualitative information, including, but not limited to, findings that result from school quality reviews conducted pursuant to subparagraph (J) of paragraph (4) of subdivision (a) of Section 52052 or any other reviews.
(f)To the extent practicable, data reported in a local control and accountability plan shall be reported in a manner consistent with how information is reported on a school accountability report card.
(g)The governing board of a school district shall consult with teachers, principals, administrators, other school personnel, local bargaining units of the school district, parents, and pupils in developing a local control and accountability plan.
(h)A school district may identify local priorities, goals in regard to the local priorities, and the method for measuring the school district’s progress toward achieving those goals.
SEC. 2.
SECTION 1.
Section 116385 of the Health and Safety Code is amended to read:
116385.
(a) A person operating a public water system shall obtain and provide at that person’s expense an analysis of the water to the state board, in the form, covering those matters, and at intervals as the state board by regulation may prescribe. The analysis shall be performed by a laboratory duly certified by the state board.
(b) (1) The person shall include samples from schools, day care facilities, and health care facilities, to the extent that these locations are within the public water system.
(2) This subdivision does not require an increase in the number of samples a person collects.
(c) (1) The person shall report to the state board the date and results of any sampling at a school, day care facility, and health care facility, and where relevant, the contents of any notice issued to the school or day care facility, students, or parents, and any notices to the health care facility, and any followup action taken to mitigate contamination.
(2) The person operating a public water system shall report to the state board, in a format and on a frequency determined by the state board, a list of the public and private schools serving kindergarten or any of grades 1 to 12, inclusive, to which the public water system provides water. The state board may also require a person operating a public water system to identify other facilities that serve populations, such as young children, that may be sensitive to drinking water contamination and to which the public water system provides water.
(3) The state board shall post the information contained in paragraph (1)
and information it receives from the State Department of Education pursuant to subparagraph (B) of paragraph (3) of subdivision (c) of Section 52060 of the Education Code
to its Internet Web site in a manner that is searchable by school and school district. The state board shall also include a link to the public water system’s most recent consumer confidence report.
SEC. 3.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 2.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. | Existing law, the California Safe Drinking Water Act, governs drinking water quality and requires the State Water Resources Control Board
(state board)
to ensure that all public water systems are operated in compliance with the act. The act requires a person operating a public water system to obtain and provide an analysis of the water to the state board, as provided. Under the act, a person who knowingly makes a false statement or representation in a report submitted, maintained, or used for purposes of compliance with the act may be subject to a misdemeanor.
This bill would require the person to include in the analysis samples from schools, day care facilities, and health care facilities, to the extent those locations are within the public water system. The bill would require the person to report to the state board other information regarding the samples taken at those sites. The bill would require the state board to post this information on its Internet Web site, as provided. The bill would also require the person to report to the state board the public and private schools to which the public water system provides water. Because a misstatement in these reports could be a crime under the provision described above, this bill would impose a state-mandated local program by expanding the scope of a crime.
Existing law requires the governing board of each school district to adopt a local control and accountability plan as provided and to annually update this plan. Existing law requires the plan to include certain elements.
This bill would require the plan to also include an assessment of the water access points at each school in the school district, including the number, location, and whether the access points are in good condition, among other things. The bill would require the governing board of the school district to report progress on addressing any deficiencies in its annual update to the local control accountability plan. By imposing new duties on the governing board of a school district, the bill would create a state-mandated local program. The bill would require the State Department of Education to share this information with the state board, for the board to post on its Internet Web site.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
Section 52060 of the
Education Code
is amended to read:
52060.
(a)On or before July 1, 2014, the governing board of each school district shall adopt a local control and accountability plan using a template adopted by the state board.
(b)A local control and accountability plan adopted by the governing board of a school district shall be effective for a period of three years, and shall be updated on or before July 1 of each year.
(c)A local control and accountability plan adopted by the governing board of a school district shall include, for the school district and each school within the school district, all of the following:
(1)A description of the annual goals, for all pupils and each subgroup of pupils identified pursuant to Section 52052, to be achieved for each of the state priorities identified in subdivision (d) and for any additional local priorities identified by the governing board of the school district. For purposes of this article, a subgroup of pupils identified pursuant to Section 52052 shall be a numerically significant pupil subgroup as specified in paragraphs (2) and (3) of subdivision (a) of Section 52052.
(2)A description of the specific actions the school district will take during each year of the local control and accountability plan to achieve the goals identified in paragraph (1), including the enumeration of any specific actions necessary for that year to correct any deficiencies in regard to the state priorities listed in paragraph (1) of subdivision (d). The specific actions shall not supersede the provisions of existing local collective bargaining agreements within the jurisdiction of the school district.
(3)(A)An assessment of the water access points at each school in the district, including the number, location, and whether the access points are in good condition. The school district shall also include goals and actions to address any deficiencies uncovered by the assessment. The governing board of the school district shall report progress on addressing the deficiencies in its annual update required pursuant to subdivision (b).
(B)The department shall compile these assessments and transmit them to the State Water Resources Control Board.
(d)All of the following are state priorities:
(1)The degree to which the teachers of the school district are appropriately assigned in accordance with Section 44258.9, and fully credentialed in the subject areas, and, for the pupils they are teaching, every pupil in the school district has sufficient access to the standards-aligned instructional materials as determined pursuant to Section 60119, and school facilities are maintained in good repair, as defined in subdivision (d) of Section 17002.
(2)Implementation of the academic content and performance standards adopted by the state board, including how the programs and services will enable English learners to access the common core academic content standards adopted pursuant to Section 60605.8 and the English language development standards adopted pursuant to former Section 60811.3, as that section read on June 30, 2013, or Section 60811.4, for purposes of gaining academic content knowledge and English language proficiency.
(3)Parental involvement, including efforts the school district makes to seek parent input in making decisions for the school district and each individual schoolsite, and including how the school district will promote parental participation in programs for unduplicated pupils and individuals with exceptional needs.
(4)Pupil achievement, as measured by all of the following, as applicable:
(A)Statewide assessments administered pursuant to Article 4 (commencing with Section 60640) of Chapter 5 of Part 33 or any subsequent assessment, as certified by the state board.
(B)The Academic Performance Index, as described in Section 52052.
(C)The percentage of pupils who have successfully completed courses that satisfy the requirements for entrance to the University of California and the California State University, or career technical education sequences or programs of study that align with state board-approved career technical education standards and frameworks, including, but not limited to, those described in subdivision (a) of Section 52302, subdivision (a) of Section 52372.5, or paragraph (2) of subdivision (e) of Section 54692.
(D)The percentage of English learner pupils who make progress toward English proficiency as measured by the California English Language Development Test or any subsequent assessment of English proficiency, as certified by the state board.
(E)The English learner reclassification rate.
(F)The percentage of pupils who have passed an advanced placement examination with a score of 3 or higher.
(G)The percentage of pupils who participate in, and demonstrate college preparedness pursuant to, the Early Assessment Program, as described in Chapter 6 (commencing with Section 99300) of Part 65 of Division 14 of Title 3, or any subsequent assessment of college preparedness.
(5)Pupil engagement, as measured by all of the following, as applicable:
(A)School attendance rates.
(B)Chronic absenteeism rates.
(C)Middle school dropout rates, as described in paragraph (3) of subdivision (a) of Section 52052.1.
(D)High school dropout rates.
(E)High school graduation rates.
(6)School climate, as measured by all of the following, as applicable:
(A)Pupil suspension rates.
(B)Pupil expulsion rates.
(C)Other local measures, including surveys of pupils, parents, and teachers on the sense of safety and school connectedness.
(7)The extent to which pupils have access to, and are enrolled in, a broad course of study that includes all of the subject areas described in Section 51210 and subdivisions (a) to (i), inclusive, of Section 51220, as applicable, including the programs and services developed and provided to unduplicated pupils and individuals with exceptional needs, and the programs and services that are provided to benefit these pupils as a result of the funding received pursuant to Section 42238.02, as implemented by Section 42238.03.
(8)Pupil outcomes, if available, in the subject areas described in Section 51210 and subdivisions (a) to (i), inclusive, of Section 51220, as applicable.
(e)For purposes of the descriptions required by subdivision (c), the governing board of a school district may consider qualitative information, including, but not limited to, findings that result from school quality reviews conducted pursuant to subparagraph (J) of paragraph (4) of subdivision (a) of Section 52052 or any other reviews.
(f)To the extent practicable, data reported in a local control and accountability plan shall be reported in a manner consistent with how information is reported on a school accountability report card.
(g)The governing board of a school district shall consult with teachers, principals, administrators, other school personnel, local bargaining units of the school district, parents, and pupils in developing a local control and accountability plan.
(h)A school district may identify local priorities, goals in regard to the local priorities, and the method for measuring the school district’s progress toward achieving those goals.
SEC. 2.
SECTION 1.
Section 116385 of the Health and Safety Code is amended to read:
116385.
(a) A person operating a public water system shall obtain and provide at that person’s expense an analysis of the water to the state board, in the form, covering those matters, and at intervals as the state board by regulation may prescribe. The analysis shall be performed by a laboratory duly certified by the state board.
(b) (1) The person shall include samples from schools, day care facilities, and health care facilities, to the extent that these locations are within the public water system.
(2) This subdivision does not require an increase in the number of samples a person collects.
(c) (1) The person shall report to the state board the date and results of any sampling at a school, day care facility, and health care facility, and where relevant, the contents of any notice issued to the school or day care facility, students, or parents, and any notices to the health care facility, and any followup action taken to mitigate contamination.
(2) The person operating a public water system shall report to the state board, in a format and on a frequency determined by the state board, a list of the public and private schools serving kindergarten or any of grades 1 to 12, inclusive, to which the public water system provides water. The state board may also require a person operating a public water system to identify other facilities that serve populations, such as young children, that may be sensitive to drinking water contamination and to which the public water system provides water.
(3) The state board shall post the information contained in paragraph (1)
and information it receives from the State Department of Education pursuant to subparagraph (B) of paragraph (3) of subdivision (c) of Section 52060 of the Education Code
to its Internet Web site in a manner that is searchable by school and school district. The state board shall also include a link to the public water system’s most recent consumer confidence report.
SEC. 3.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 2.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
### Summary:
<bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos> |
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:
(a) Beauty care workers, including cosmetologists and manicurists, are highly exposed to the potential harm of carcinogens and reproductive toxins in cosmetics. Cosmetologists and manicurists are predominantly women and minorities.
(b) Nail services are increasing in popularity among consumers. The money consumers spent in nail salons increased from $7.3 billion in 2012 to $8.54 billion in 2014.
(c) Chemicals in professional cosmetics can be harmful to salon customers, who increasingly include prepubescent girls and young women.
(d) Endocrine-disrupting chemicals can cause harm at very low levels. Some may enter the body through the skin or cuticle.
(e) Dibutyl phthalate (DBP), included in nail polish to reduce brittleness and cracking, is a reproductive and developmental toxicant that is especially harmful to pregnant women.
(f) Developmental toxicants interfere with proper growth or health of a child, acting at any point from conception to puberty.
(g) Toluene, a solvent found in nail polish, is a developmental and neurological toxicant that causes headaches, dizziness, and nausea, among other symptoms.
(h) Formaldehyde, a chemical that acts as a disinfectant and as a preservative in nail polishes, is a known carcinogen. Exposure to formaldehyde in the short term can irritate the eyes, nose, throat, and skin, and in the long term exposure can cause asthma.
(i) A number of cosmetic product manufacturers, including both small domestic producers and large multinational corporations, have eliminated certain substances that cause cancer or reproductive harm from their products.
(j) Some local governments have already adopted successful Healthy Nail Salon Recognition Programs (HNSR programs), including the City and County of San Francisco, the Counties of Alameda, San Mateo, and Santa Clara, and the City of Santa Monica.
(k) These local HNSR programs support nail salons that use less toxic products and practices that are safer for workers and their customers.
(l) Given the recently enacted successful local HNSR programs, and the availability of safer alternative cosmetic products, it is in the interest of the people of the State of California to ensure that nail salons are given guidelines to operate safely for workers and consumers.
SEC. 2.
Section 25257.2 is added to the Health and Safety Code, to read:
25257.2.
(a) The department shall, by January 1, 2018, publish guidelines for healthy nail salon recognition (HNSR) programs voluntarily implemented by local cities and counties.
(b) The guidelines for an HNSR program adopted pursuant to subdivision (a) may include, but shall not be limited to, all of the following:
(1) A list of specific chemical ingredients that should not be used by a nail salon seeking recognition. In determining whether to include a chemical on the list, the department shall consider:
(A) Whether the chemical is identified as a candidate chemical pursuant to the regulations adopted pursuant to Section 25252.
(B) Whether an existing healthy nail salon program has restricted the use of the chemical.
(C) The potential for exposure of nail salon workers and customers to the chemical.
(D) The availability of existing, safer alternatives to the chemical in products available to nail salons in California.
(2) Specific best practices for minimizing exposure to hazardous chemicals, including:
(A) A list of specific personal protective equipment that should be used by personnel in a salon seeking recognition and guidance on when and how to use it.
(B) Engineering controls that should be adopted by salons seeking recognition, including specific ventilation practices and equipment.
(C) Prohibiting nail polishes that contain dibutyl phthalate, formaldehyde, or toluene.
(D) Prohibiting nail polish thinners that contain methyl ethyl ketone or toluene.
(E) Prohibiting nail polish removers that contain ethyl or butyl acetate.
(3) A list of specific training topics for salon owners and staff, whether on payroll or contract, on safer practices delineated in the HNSR program guidelines.
(4) Criteria for the use of outside products brought in by clients.
(5) Verification that a salon seeking recognition is in compliance with Chapter 10 (commencing with Section 7301) of Division 3 of the Business and Professions Code, and all applicable regulations enforced by the State Board of Barbering and Cosmetology.
(6) Any other guidelines or best practices determined by the department to further the goals of an HNSR program.
(c) The guidelines adopted pursuant to subdivision (a) shall include criteria for cities and counties that adopt an HNSR program. These criteria may cover, but are not limited to:
(1) Coordination with other local HNSR programs to assist businesses in achieving and moving beyond regulatory compliance.
(2) Training and certification requirements for the salon owners and staff to ensure thorough knowledge of safe and environmentally friendly procedures.
(3) Issuance of an approved seal or certificate to salons that have met certification requirements.
(4) The process by which a salon can enroll in an HNSR program and be verified by the local entity.
(5) The frequency at which the local entity shall verify continued compliance by a salon that has previously met all specified requirements.
(d) In developing guidelines pursuant to subdivision (a), the department shall consult with the Division of Occupational Safety and Health, the State Department of Public Health, and the State Board of Barbering and Cosmetology.
(e) In collaboration with existing healthy nail salon programs, the department shall promote the HNSR guidelines developed pursuant to subdivision (a) by doing all of the following:
(1) Developing and implementing a consumer education program.
(2) Presenting the HNSR guidelines to local health officers, local environmental health departments, and other local agencies as appropriate.
(3) Developing and either distributing or posting on its Internet Web site information for local entities, including, but not limited to, suggestions for successful implementation of HNSR programs and resource lists that include names and contact information of vendors, consultants, or providers of financial assistance or loans for purchases of ventilation equipment. | Existing law regulates the existence and disclosure of specified chemicals and components in consumer products, including phthalates and bisphenol A. Existing law also provides for the licensing and regulation of nail salons and manicurists by the State Board of Barbering and Cosmetology within the Department of Consumer Affairs.
This bill would require the Department of Toxic Substances Control to publish guidelines for cities, counties, and cities and counties to voluntarily implement local healthy nail salon recognition (HNSR) programs. The bill would allow the guidelines to include, but not be limited to, specified criteria, such as the potential for exposure of nail salon workers and customers to chemicals. The bill would also require the department to develop a consumer education program, present the guidelines to local health officers, local environmental health departments, and other local agencies, and post specified information on its Internet Web site. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:
(a) Beauty care workers, including cosmetologists and manicurists, are highly exposed to the potential harm of carcinogens and reproductive toxins in cosmetics. Cosmetologists and manicurists are predominantly women and minorities.
(b) Nail services are increasing in popularity among consumers. The money consumers spent in nail salons increased from $7.3 billion in 2012 to $8.54 billion in 2014.
(c) Chemicals in professional cosmetics can be harmful to salon customers, who increasingly include prepubescent girls and young women.
(d) Endocrine-disrupting chemicals can cause harm at very low levels. Some may enter the body through the skin or cuticle.
(e) Dibutyl phthalate (DBP), included in nail polish to reduce brittleness and cracking, is a reproductive and developmental toxicant that is especially harmful to pregnant women.
(f) Developmental toxicants interfere with proper growth or health of a child, acting at any point from conception to puberty.
(g) Toluene, a solvent found in nail polish, is a developmental and neurological toxicant that causes headaches, dizziness, and nausea, among other symptoms.
(h) Formaldehyde, a chemical that acts as a disinfectant and as a preservative in nail polishes, is a known carcinogen. Exposure to formaldehyde in the short term can irritate the eyes, nose, throat, and skin, and in the long term exposure can cause asthma.
(i) A number of cosmetic product manufacturers, including both small domestic producers and large multinational corporations, have eliminated certain substances that cause cancer or reproductive harm from their products.
(j) Some local governments have already adopted successful Healthy Nail Salon Recognition Programs (HNSR programs), including the City and County of San Francisco, the Counties of Alameda, San Mateo, and Santa Clara, and the City of Santa Monica.
(k) These local HNSR programs support nail salons that use less toxic products and practices that are safer for workers and their customers.
(l) Given the recently enacted successful local HNSR programs, and the availability of safer alternative cosmetic products, it is in the interest of the people of the State of California to ensure that nail salons are given guidelines to operate safely for workers and consumers.
SEC. 2.
Section 25257.2 is added to the Health and Safety Code, to read:
25257.2.
(a) The department shall, by January 1, 2018, publish guidelines for healthy nail salon recognition (HNSR) programs voluntarily implemented by local cities and counties.
(b) The guidelines for an HNSR program adopted pursuant to subdivision (a) may include, but shall not be limited to, all of the following:
(1) A list of specific chemical ingredients that should not be used by a nail salon seeking recognition. In determining whether to include a chemical on the list, the department shall consider:
(A) Whether the chemical is identified as a candidate chemical pursuant to the regulations adopted pursuant to Section 25252.
(B) Whether an existing healthy nail salon program has restricted the use of the chemical.
(C) The potential for exposure of nail salon workers and customers to the chemical.
(D) The availability of existing, safer alternatives to the chemical in products available to nail salons in California.
(2) Specific best practices for minimizing exposure to hazardous chemicals, including:
(A) A list of specific personal protective equipment that should be used by personnel in a salon seeking recognition and guidance on when and how to use it.
(B) Engineering controls that should be adopted by salons seeking recognition, including specific ventilation practices and equipment.
(C) Prohibiting nail polishes that contain dibutyl phthalate, formaldehyde, or toluene.
(D) Prohibiting nail polish thinners that contain methyl ethyl ketone or toluene.
(E) Prohibiting nail polish removers that contain ethyl or butyl acetate.
(3) A list of specific training topics for salon owners and staff, whether on payroll or contract, on safer practices delineated in the HNSR program guidelines.
(4) Criteria for the use of outside products brought in by clients.
(5) Verification that a salon seeking recognition is in compliance with Chapter 10 (commencing with Section 7301) of Division 3 of the Business and Professions Code, and all applicable regulations enforced by the State Board of Barbering and Cosmetology.
(6) Any other guidelines or best practices determined by the department to further the goals of an HNSR program.
(c) The guidelines adopted pursuant to subdivision (a) shall include criteria for cities and counties that adopt an HNSR program. These criteria may cover, but are not limited to:
(1) Coordination with other local HNSR programs to assist businesses in achieving and moving beyond regulatory compliance.
(2) Training and certification requirements for the salon owners and staff to ensure thorough knowledge of safe and environmentally friendly procedures.
(3) Issuance of an approved seal or certificate to salons that have met certification requirements.
(4) The process by which a salon can enroll in an HNSR program and be verified by the local entity.
(5) The frequency at which the local entity shall verify continued compliance by a salon that has previously met all specified requirements.
(d) In developing guidelines pursuant to subdivision (a), the department shall consult with the Division of Occupational Safety and Health, the State Department of Public Health, and the State Board of Barbering and Cosmetology.
(e) In collaboration with existing healthy nail salon programs, the department shall promote the HNSR guidelines developed pursuant to subdivision (a) by doing all of the following:
(1) Developing and implementing a consumer education program.
(2) Presenting the HNSR guidelines to local health officers, local environmental health departments, and other local agencies as appropriate.
(3) Developing and either distributing or posting on its Internet Web site information for local entities, including, but not limited to, suggestions for successful implementation of HNSR programs and resource lists that include names and contact information of vendors, consultants, or providers of financial assistance or loans for purchases of ventilation equipment.
### Summary:
This bill would require the Department of Public Health to develop and publish guidelines for healthy nail salon recognition (HNSR) programs voluntarily implemented by local cities and counties |
The people of the State of California do enact as follows:
SECTION 1.
Section 1203 of the Penal Code is amended to read:
1203.
(a) As used in this code, “probation” means the suspension of the imposition or execution of a sentence and the order of conditional and revocable release in the community under the supervision of a probation officer. As used in this code, “conditional sentence” means the suspension of the imposition or execution of a sentence and the order of revocable release in the community subject to conditions established by the court without the supervision of a probation officer. It is the intent of the Legislature that both conditional sentence and probation are authorized whenever probation is authorized in any code as a sentencing option for infractions or misdemeanors.
(b) (1) Except as provided in subdivision (j), if a person is convicted of a felony and is eligible for probation, before judgment is pronounced, the court shall immediately refer the matter to a probation officer to investigate and report to the court, at a specified time, upon the circumstances surrounding the crime and the prior history and record of the person, which may be considered either in aggravation or mitigation of the punishment.
(2) (A) The probation officer shall immediately investigate and make a written report to the court of his or her findings and recommendations, including his or her recommendations as to the granting or denying of probation and the conditions of probation, if granted.
(B) Pursuant to Section 828 of the Welfare and Institutions Code, the probation officer shall include in his or her report any information gathered by a law enforcement agency relating to the taking of the defendant into custody as a minor, which shall be considered for purposes of determining whether adjudications of commissions of crimes as a juvenile warrant a finding that there are circumstances in aggravation pursuant to Section 1170 or to deny probation.
(C) If the person was convicted of an offense that requires him or her to register as a sex offender pursuant to Sections 290 to 290.023, inclusive, or if the probation report recommends that registration be ordered at sentencing pursuant to Section 290.006, the probation officer’s report shall include the results of the State-Authorized Risk Assessment Tool for Sex Offenders (SARATSO) administered pursuant to Sections 290.04 to 290.06, inclusive, if applicable.
(D) The probation officer may also include in the report his or her recommendation of both of the following:
(i) The amount the defendant should be required to pay as a restitution fine pursuant to subdivision (b) of Section 1202.4.
(ii) Whether the court shall require, as a condition of probation, restitution to the victim or to the Restitution Fund and the amount thereof.
(E) The report shall be made available to the court and the prosecuting and defense attorneys at least five days, or upon request of the defendant or prosecuting attorney nine days, prior to the time fixed by the court for the hearing and determination of the report, and shall be filed with the clerk of the court as a record in the case at the time of the hearing. The time within which the report shall be made available and filed may be waived by written stipulation of the prosecuting and defense attorneys that is filed with the court or an oral stipulation in open court that is made and entered upon the minutes of the court.
A request for a continuance of the hearing based on a failure to make the report available to the parties within the deadlines specified in this paragraph may be granted by the court only upon a finding of good cause.
(3) At a time fixed by the court, the court shall hear and determine the application, if one has been made, or, in any case, the suitability of probation in the particular case. At the hearing, the court shall consider any report of the probation officer, including the results of the SARATSO, if applicable, and shall make a statement that it has considered the report, which shall be filed with the clerk of the court as a record in the case. If the court determines that there are circumstances in mitigation of the punishment prescribed by law or that the ends of justice would be served by granting probation to the person, it may place the person on probation. If probation is denied, the clerk of the court shall immediately send a copy of the report to the Department of Corrections and Rehabilitation at the prison or other institution to which the person is delivered.
(4) The preparation of the report or the consideration of the report by the court may be waived only by a written stipulation of the prosecuting and defense attorneys that is filed with the court or an oral stipulation in open court that is made and entered upon the minutes of the court, except that a waiver shall not be allowed unless the court consents thereto. However, if the defendant is ultimately sentenced and committed to the state prison, a probation report shall be completed pursuant to Section 1203c.
(c) If a defendant is not represented by an attorney, the court shall order the probation officer who makes the probation report to discuss its contents with the defendant.
(d) If a person is convicted of a misdemeanor, the court may either refer the matter to the probation officer for an investigation and a report or summarily pronounce a conditional sentence. If the person was convicted of an offense that requires him or her to register as a sex offender pursuant to Sections 290 to 290.023, inclusive, or if the probation officer recommends that the court, at sentencing, order the offender to register as a sex offender pursuant to Section 290.006, the court shall refer the matter to the probation officer for the purpose of obtaining a report on the results of the State-Authorized Risk Assessment Tool for Sex Offenders administered pursuant to Sections 290.04 to 290.06, inclusive, if applicable, which the court shall consider. If the case is not referred to the probation officer, in sentencing the person, the court may consider any information concerning the person that could have been included in a probation report. The court shall inform the person of the information to be considered and permit him or her to answer or controvert the information. For this purpose, upon the request of the person, the court shall grant a continuance before the judgment is pronounced.
(e) Except in unusual cases where the interests of justice would best be served if the person is granted probation, probation shall not be granted to any of the following persons:
(1) Unless the person had a lawful right to carry a deadly weapon, other than a firearm, at the time of the perpetration of the crime or his or her arrest, any person who has been convicted of arson, robbery, carjacking, burglary, burglary with explosives, rape with force or violence, torture, aggravated mayhem, murder, attempt to commit murder, trainwrecking, kidnapping, escape from the state prison, or a conspiracy to commit one or more of those crimes and who was armed with the weapon at either of those times.
(2) Any person who used, or attempted to use, a deadly weapon upon a human being in connection with the perpetration of the crime of which he or she has been convicted.
(3) Any person who willfully inflicted great bodily injury or torture in the perpetration of the crime of which he or she has been convicted.
(4) Any person who has been previously convicted twice in this state of a felony or in any other place of a public offense which, if committed in this state, would have been punishable as a felony.
(5) Unless the person has never been previously convicted once in this state of a felony or in any other place of a public offense which, if committed in this state, would have been punishable as a felony, any person who has been convicted of burglary with explosives, rape with force or violence, torture, aggravated mayhem, murder, attempt to commit murder, trainwrecking, extortion, kidnapping, escape from the state prison, a violation of Section 286, 288, 288a, or 288.5, or a conspiracy to commit one or more of those crimes.
(6) Any person who has been previously convicted once in this state of a felony or in any other place of a public offense which, if committed in this state, would have been punishable as a felony, if he or she committed any of the following acts:
(A) Unless the person had a lawful right to carry a deadly weapon at the time of the perpetration of the previous crime or his or her arrest for the previous crime, he or she was armed with a weapon at either of those times.
(B) The person used, or attempted to use, a deadly weapon upon a human being in connection with the perpetration of the previous crime.
(C) The person willfully inflicted great bodily injury or torture in the perpetration of the previous crime.
(7) Any public official or peace officer of this state or any city, county, or other political subdivision who, in the discharge of the duties of his or her public office or employment, accepted or gave or offered to accept or give any bribe, embezzled public money, or was guilty of extortion.
(8) Any person who knowingly furnishes or gives away phencyclidine.
(9) Any person who intentionally inflicted great bodily injury in the commission of arson under subdivision (a) of Section 451 or who intentionally set fire to, burned, or caused the burning of, an inhabited structure or inhabited property in violation of subdivision (b) of Section 451.
(10) Any person who, in the commission of a felony, inflicts great bodily injury or causes the death of a human being by the discharge of a firearm from or at an occupied motor vehicle proceeding on a public street or highway.
(11) Any person who possesses a short-barreled rifle or a short-barreled shotgun under Section 33215, a machinegun under Section 32625, or a silencer under Section 33410.
(12) Any person who is convicted of violating Section 8101 of the Welfare and Institutions Code.
(13) Any person who is
described in
convicted of violating
subdivision (b) or (c) of Section 27590.
(f) When probation is granted in a case which comes within subdivision (e), the court shall specify on the record and shall enter on the minutes the circumstances indicating that the interests of justice would best be served by that disposition.
(g) If a person is not eligible for probation, the judge shall refer the matter to the probation officer for an investigation of the facts relevant to determination of the amount of a restitution fine pursuant to subdivision (b) of Section 1202.4 in all cases where the determination is applicable. The judge, in his or her discretion, may direct the probation officer to investigate all facts relevant to the sentencing of the person. Upon that referral, the probation officer shall immediately investigate the circumstances surrounding the crime and the prior record and history of the person and make a written report to the court of his or her findings. The findings shall include a recommendation of the amount of the restitution fine as provided in subdivision (b) of Section 1202.4.
(h) If a defendant is convicted of a felony and a probation report is prepared pursuant to subdivision (b) or (g), the probation officer may obtain and include in the report a statement of the comments of the victim concerning the offense. The court may direct the probation officer not to obtain a statement if the victim has in fact testified at any of the court proceedings concerning the offense.
(i) A probationer shall not be released to enter another state unless his or her case has been referred to the Administrator of the Interstate Probation and Parole Compacts, pursuant to the Uniform Act for Out-of-State Probationer or Parolee Supervision (Article 3 (commencing with Section 11175) of Chapter 2 of Title 1 of Part 4) and the probationer has reimbursed the county that has jurisdiction over his or her probation case the reasonable costs of processing his or her request for interstate compact supervision. The amount and method of reimbursement shall be in accordance with Section 1203.1b.
(j) In any court where a county financial evaluation officer is available, in addition to referring the matter to the probation officer, the court may order the defendant to appear before the county financial evaluation officer for a financial evaluation of the defendant’s ability to pay restitution, in which case the county financial evaluation officer shall report his or her findings regarding restitution and other court-related costs to the probation officer on the question of the defendant’s ability to pay those costs.
Any order made pursuant to this subdivision may be enforced as a violation of the terms and conditions of probation upon willful failure to pay and at the discretion of the court, may be enforced in the same manner as a judgment in a civil action, if any balance remains unpaid at the end of the defendant’s probationary period.
(k) Probation shall not be granted to, nor shall the execution of, or imposition of sentence be suspended for, any person who is convicted of a violent felony, as defined in subdivision (c) of Section 667.5, or a serious felony, as defined in subdivision (c) of Section 1192.7, and who was on probation for a felony offense at the time of the commission of the new felony offense. | Existing law provides that, if a person is convicted of a felony and is eligible for probation, the court is required to refer the matter to a probation officer to create a probation sentencing report containing specified information that may be considered either in aggravation or mitigation of the punishment before judgment is pronounced. Existing law requires the probation sentencing report to be provided to the court and to the parties at least 5 days, or upon request of the defendant or prosecuting attorney, 9 days, before the sentencing hearing unless the deadline is waived by the parties, as specified. Existing law provides that generally, a person seeking to continue a hearing in a criminal proceeding is required to file and serve a written notice to all parties at least 2 court days before the hearing that is to be continued.
This bill would authorize a court to grant the defendant’s request for continuance when the probation department fails to provide the report by the 5-day or 9-day deadline only if the court finds good cause to grant the continuance. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
Section 1203 of the Penal Code is amended to read:
1203.
(a) As used in this code, “probation” means the suspension of the imposition or execution of a sentence and the order of conditional and revocable release in the community under the supervision of a probation officer. As used in this code, “conditional sentence” means the suspension of the imposition or execution of a sentence and the order of revocable release in the community subject to conditions established by the court without the supervision of a probation officer. It is the intent of the Legislature that both conditional sentence and probation are authorized whenever probation is authorized in any code as a sentencing option for infractions or misdemeanors.
(b) (1) Except as provided in subdivision (j), if a person is convicted of a felony and is eligible for probation, before judgment is pronounced, the court shall immediately refer the matter to a probation officer to investigate and report to the court, at a specified time, upon the circumstances surrounding the crime and the prior history and record of the person, which may be considered either in aggravation or mitigation of the punishment.
(2) (A) The probation officer shall immediately investigate and make a written report to the court of his or her findings and recommendations, including his or her recommendations as to the granting or denying of probation and the conditions of probation, if granted.
(B) Pursuant to Section 828 of the Welfare and Institutions Code, the probation officer shall include in his or her report any information gathered by a law enforcement agency relating to the taking of the defendant into custody as a minor, which shall be considered for purposes of determining whether adjudications of commissions of crimes as a juvenile warrant a finding that there are circumstances in aggravation pursuant to Section 1170 or to deny probation.
(C) If the person was convicted of an offense that requires him or her to register as a sex offender pursuant to Sections 290 to 290.023, inclusive, or if the probation report recommends that registration be ordered at sentencing pursuant to Section 290.006, the probation officer’s report shall include the results of the State-Authorized Risk Assessment Tool for Sex Offenders (SARATSO) administered pursuant to Sections 290.04 to 290.06, inclusive, if applicable.
(D) The probation officer may also include in the report his or her recommendation of both of the following:
(i) The amount the defendant should be required to pay as a restitution fine pursuant to subdivision (b) of Section 1202.4.
(ii) Whether the court shall require, as a condition of probation, restitution to the victim or to the Restitution Fund and the amount thereof.
(E) The report shall be made available to the court and the prosecuting and defense attorneys at least five days, or upon request of the defendant or prosecuting attorney nine days, prior to the time fixed by the court for the hearing and determination of the report, and shall be filed with the clerk of the court as a record in the case at the time of the hearing. The time within which the report shall be made available and filed may be waived by written stipulation of the prosecuting and defense attorneys that is filed with the court or an oral stipulation in open court that is made and entered upon the minutes of the court.
A request for a continuance of the hearing based on a failure to make the report available to the parties within the deadlines specified in this paragraph may be granted by the court only upon a finding of good cause.
(3) At a time fixed by the court, the court shall hear and determine the application, if one has been made, or, in any case, the suitability of probation in the particular case. At the hearing, the court shall consider any report of the probation officer, including the results of the SARATSO, if applicable, and shall make a statement that it has considered the report, which shall be filed with the clerk of the court as a record in the case. If the court determines that there are circumstances in mitigation of the punishment prescribed by law or that the ends of justice would be served by granting probation to the person, it may place the person on probation. If probation is denied, the clerk of the court shall immediately send a copy of the report to the Department of Corrections and Rehabilitation at the prison or other institution to which the person is delivered.
(4) The preparation of the report or the consideration of the report by the court may be waived only by a written stipulation of the prosecuting and defense attorneys that is filed with the court or an oral stipulation in open court that is made and entered upon the minutes of the court, except that a waiver shall not be allowed unless the court consents thereto. However, if the defendant is ultimately sentenced and committed to the state prison, a probation report shall be completed pursuant to Section 1203c.
(c) If a defendant is not represented by an attorney, the court shall order the probation officer who makes the probation report to discuss its contents with the defendant.
(d) If a person is convicted of a misdemeanor, the court may either refer the matter to the probation officer for an investigation and a report or summarily pronounce a conditional sentence. If the person was convicted of an offense that requires him or her to register as a sex offender pursuant to Sections 290 to 290.023, inclusive, or if the probation officer recommends that the court, at sentencing, order the offender to register as a sex offender pursuant to Section 290.006, the court shall refer the matter to the probation officer for the purpose of obtaining a report on the results of the State-Authorized Risk Assessment Tool for Sex Offenders administered pursuant to Sections 290.04 to 290.06, inclusive, if applicable, which the court shall consider. If the case is not referred to the probation officer, in sentencing the person, the court may consider any information concerning the person that could have been included in a probation report. The court shall inform the person of the information to be considered and permit him or her to answer or controvert the information. For this purpose, upon the request of the person, the court shall grant a continuance before the judgment is pronounced.
(e) Except in unusual cases where the interests of justice would best be served if the person is granted probation, probation shall not be granted to any of the following persons:
(1) Unless the person had a lawful right to carry a deadly weapon, other than a firearm, at the time of the perpetration of the crime or his or her arrest, any person who has been convicted of arson, robbery, carjacking, burglary, burglary with explosives, rape with force or violence, torture, aggravated mayhem, murder, attempt to commit murder, trainwrecking, kidnapping, escape from the state prison, or a conspiracy to commit one or more of those crimes and who was armed with the weapon at either of those times.
(2) Any person who used, or attempted to use, a deadly weapon upon a human being in connection with the perpetration of the crime of which he or she has been convicted.
(3) Any person who willfully inflicted great bodily injury or torture in the perpetration of the crime of which he or she has been convicted.
(4) Any person who has been previously convicted twice in this state of a felony or in any other place of a public offense which, if committed in this state, would have been punishable as a felony.
(5) Unless the person has never been previously convicted once in this state of a felony or in any other place of a public offense which, if committed in this state, would have been punishable as a felony, any person who has been convicted of burglary with explosives, rape with force or violence, torture, aggravated mayhem, murder, attempt to commit murder, trainwrecking, extortion, kidnapping, escape from the state prison, a violation of Section 286, 288, 288a, or 288.5, or a conspiracy to commit one or more of those crimes.
(6) Any person who has been previously convicted once in this state of a felony or in any other place of a public offense which, if committed in this state, would have been punishable as a felony, if he or she committed any of the following acts:
(A) Unless the person had a lawful right to carry a deadly weapon at the time of the perpetration of the previous crime or his or her arrest for the previous crime, he or she was armed with a weapon at either of those times.
(B) The person used, or attempted to use, a deadly weapon upon a human being in connection with the perpetration of the previous crime.
(C) The person willfully inflicted great bodily injury or torture in the perpetration of the previous crime.
(7) Any public official or peace officer of this state or any city, county, or other political subdivision who, in the discharge of the duties of his or her public office or employment, accepted or gave or offered to accept or give any bribe, embezzled public money, or was guilty of extortion.
(8) Any person who knowingly furnishes or gives away phencyclidine.
(9) Any person who intentionally inflicted great bodily injury in the commission of arson under subdivision (a) of Section 451 or who intentionally set fire to, burned, or caused the burning of, an inhabited structure or inhabited property in violation of subdivision (b) of Section 451.
(10) Any person who, in the commission of a felony, inflicts great bodily injury or causes the death of a human being by the discharge of a firearm from or at an occupied motor vehicle proceeding on a public street or highway.
(11) Any person who possesses a short-barreled rifle or a short-barreled shotgun under Section 33215, a machinegun under Section 32625, or a silencer under Section 33410.
(12) Any person who is convicted of violating Section 8101 of the Welfare and Institutions Code.
(13) Any person who is
described in
convicted of violating
subdivision (b) or (c) of Section 27590.
(f) When probation is granted in a case which comes within subdivision (e), the court shall specify on the record and shall enter on the minutes the circumstances indicating that the interests of justice would best be served by that disposition.
(g) If a person is not eligible for probation, the judge shall refer the matter to the probation officer for an investigation of the facts relevant to determination of the amount of a restitution fine pursuant to subdivision (b) of Section 1202.4 in all cases where the determination is applicable. The judge, in his or her discretion, may direct the probation officer to investigate all facts relevant to the sentencing of the person. Upon that referral, the probation officer shall immediately investigate the circumstances surrounding the crime and the prior record and history of the person and make a written report to the court of his or her findings. The findings shall include a recommendation of the amount of the restitution fine as provided in subdivision (b) of Section 1202.4.
(h) If a defendant is convicted of a felony and a probation report is prepared pursuant to subdivision (b) or (g), the probation officer may obtain and include in the report a statement of the comments of the victim concerning the offense. The court may direct the probation officer not to obtain a statement if the victim has in fact testified at any of the court proceedings concerning the offense.
(i) A probationer shall not be released to enter another state unless his or her case has been referred to the Administrator of the Interstate Probation and Parole Compacts, pursuant to the Uniform Act for Out-of-State Probationer or Parolee Supervision (Article 3 (commencing with Section 11175) of Chapter 2 of Title 1 of Part 4) and the probationer has reimbursed the county that has jurisdiction over his or her probation case the reasonable costs of processing his or her request for interstate compact supervision. The amount and method of reimbursement shall be in accordance with Section 1203.1b.
(j) In any court where a county financial evaluation officer is available, in addition to referring the matter to the probation officer, the court may order the defendant to appear before the county financial evaluation officer for a financial evaluation of the defendant’s ability to pay restitution, in which case the county financial evaluation officer shall report his or her findings regarding restitution and other court-related costs to the probation officer on the question of the defendant’s ability to pay those costs.
Any order made pursuant to this subdivision may be enforced as a violation of the terms and conditions of probation upon willful failure to pay and at the discretion of the court, may be enforced in the same manner as a judgment in a civil action, if any balance remains unpaid at the end of the defendant’s probationary period.
(k) Probation shall not be granted to, nor shall the execution of, or imposition of sentence be suspended for, any person who is convicted of a violent felony, as defined in subdivision (c) of Section 667.5, or a serious felony, as defined in subdivision (c) of Section 1192.7, and who was on probation for a felony offense at the time of the commission of the new felony offense.
### Summary:
<bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos> |
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares both of the following:
(a) Improving occupational health and safety in all lines of work is a priority for the State of California, and that focus should extend to family child care providers. Improving health and safety for family child care providers will also protect the health and safety of the children under their care, because a safer and healthier environment for family child care providers means a safer and healthier environment for children.
(b) Family child care providers are at risk for occupational health and safety hazards on the job, including from toxic chemicals, illness, stress, and physical hazards such as lifting and bending. According to the Bureau of Labor Statistics, child care workers have musculoskeletal injury rates comparable to those of industrial truck and tractor operators and construction equipment operators. Since family child care providers are not covered by workers’ compensation insurance, it is particularly important to them and to the children under their care that they be trained to avoid injury and illness on the job.
SEC. 2.
Section 1596.86 of the Health and Safety Code is amended to read:
1596.86.
(a) The director shall annually publish and make available to interested persons a list or lists covering all licensed child day care facilities, other than small family day care homes, and the services for which each facility has been licensed or issued a special permit. The lists shall also specify the licensed capacity of the facility and whether it is licensed by the department or by another public agency.
(b) To encourage the recruitment of small family day care homes and protect their personal privacy, the department shall prevent the use of lists containing names,
addresses
addresses,
and other identifying information of facilities identified as small family day care homes, except as necessary for administering the licensing program, facilitating the placement of children in these facilities, and providing the names and addresses to resource and referral agencies funded by the State Department of Education, food and nutrition programs funded by the State Department of Education, alternative payment programs funded by the State Department of Education, county programs under the Greater Avenues for Independence Act of 1985 (Article 3.2 (commencing with Section 11320) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code),
the entity selected to provide the trainings required pursuant to Section 1596.864,
family day care organizations, or specialized health care service plans licensed under the Knox-Keene Health Care Service Plan Act of 1975, as contained in Chapter 2.5 (commencing with Section 1340), which provide employee assistance program services that include child care referral services. Upon request, parents seeking local day care services may receive the names and telephone numbers of local small family day care providers.
(c) The department, in consultation with the Child Development Division of the State Department of Education, shall adopt regulations relating to the confidentiality of information provided pursuant to subdivision (b) on small family day care homes. These regulations shall include procedures for updating lists or other information on small family day care providers to ensure referral only to licensed homes in good standing with the department. Any person or entity violating the regulations under this subdivision may be denied access by the department to information on small family day care homes and shall be reported by the department to the appropriate funding or licensing department.
SEC. 3.
Section 1596.864 is added to the Health and Safety Code, to read:
1596.864.
(a) For purposes of this section, the following definitions shall apply:
(1) “Family child care provider” or “provider” means either of the following:
(A) A family day care home provider, as described in Section 1596.78, who is licensed pursuant to the requirement in Section 1596.80.
(B) A person who provides child care to children, in his or her own home or in the home of the child receiving care, under a publicly funded child care program and who is exempt from licensing requirements pursuant to Section 1596.792, but excluding family child care providers who are the relatives of the children receiving care.
(2) “Publicly funded child care program” means a program to subsidize early learning and care for children that is administered by the State Department of Education, the State Department of Social Services, or another department, agency, or political subdivision of the state, including, but not limited to, child care voucher programs, contracted child care slots, the California State Preschool Program, and programs established subsequent to the passage of this section, but not including the K-12 public education system.
(b) A family child care provider shall attend a one-time, two-hour training on occupational health and safety risks specific to the child care profession and how to identify and avoid those risks to protect the provider’s own health and safety and the health and safety of the children in his or her care.
(c) The State Department of Social Services may establish a schedule according to which all family child care providers shall be required to complete the training in no less than four years from when the training is first offered pursuant to this section, or within three months of the provider becoming a family child care provider, whichever occurs later. In establishing this schedule, the department shall prioritize the training of licensed family child care providers.
(d) The training sessions required pursuant to subdivision (b) shall include all of the following:
(1) A discussion of all of the following risks and how those risks can be identified and minimized in a child care setting:
(A) Chemical and biological hazards.
(B) Infectious disease.
(C) Physical hazards and stress.
(2) Small and large group discussion.
(3) An opportunity for the provider to learn from current child care professionals.
(4) Upon approval by the department based on a determination that the presentations would be relevant and useful to the providers, presentations by organizations that foster collective engagement by providers around improving the child care system, including the health and safety of providers and children, and about the organizations’ training and other opportunities for providers.
(5) An opportunity for a provider to give feedback on the training he or she has received.
(e) (1) The Department of Industrial Relations shall select an entity to provide the training required in this section based on a competitive process. The Department of Industrial Relations shall select an entity that meets all of the following requirements:
(A) Has experience providing occupational health and safety training, as described in this section, to family child care providers.
(B) Trains family child care providers to give the training required by this section to other providers.
(C) Will provide periodic updates on health and safety matters to providers who have completed the training.
(2) The entity selected to provide the training required by this section shall develop the curriculum for the training sessions with input from family child care providers. The curriculum shall be reviewed and approved by the Division of Occupational Safety and Health within the Department of Industrial Relations.
(3) The State Department of Social Services shall administer the contract with the entity selected to provide the training.
(f) The training required by this section shall be coordinated, to the extent possible, with other preservice training requirements for family child care providers, and with resource and referral networks, so as to reduce the burden on providers.
(g) On a monthly basis, the department shall provide lists of the family child care providers who have attended the training and of those who are required to attend the training, but have not yet attended, and their contact information, to the entity selected to provide the training. The entity shall use that information for the purpose of providing family child care providers with periodic updates on health and safety issues and other educational information. Upon written request of a provider, the department shall remove the provider’s home address and home telephone number from the lists before the lists are released.
(h) The department and the entity selected to provide the training shall comply with the Dymally-Alatorre Bilingual Services Act (Chapter 17.5 (commencing with Section 7290) of Division 7 of Title 1 of the Government Code), which includes, among alternative communication options, providing the same type of training materials in any non-English language spoken by a substantial number of members of the public whom the department serves.
(i) This section shall become operative on July 1, 2017.
SEC. 4.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
SECTION 1.
It is the intent of the Legislature to codify the rights of child care providers who are paid to provide child care through an alternative payment program to file a complaint with the State Department of Education when a child care provider has reason to believe that the alternative payment program contractor has violated federal or state law or regulation.
SEC. 2.
Section 8221.6 is added to the
Education Code
, to read:
8221.6.
(a)A licensed or license-exempt child care provider who receives payment through the alternative payment program may file a complaint, alleging that an alternative payment program has not complied with federal or state law or regulation, pursuant to the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations.
(b)For purposes of this section, alternative payment programs are operated by contractors reimbursed under the following contract types:
(1)The California Alternative Payment Program.
(2)The CalWORKs Stage 2 Program.
(3)The CalWORKs Stage 3 Program.
(4)The Migrant Alternative Payment Program.
(c)The operation of this section is contingent upon the enactment of an appropriation for this purpose in the annual Budget Act or another statute. | Existing law requires the State Department of Social Services to license and regulate family day care home providers and to regulate other nonlicensed persons who provide in-home child care. Violation of these provisions is a crime.
This bill, as of July 1, 2017, would require a family child care provider, as defined, to attend a one-time, two-hour training on occupational health and safety risks specific to the child care profession and how to identify and avoid those risks to protect the provider’s own health and safety and the health and safety of the children in his or her care. The bill would require the Department of Industrial Relations to select an entity to provide the training required, based on a competitive process, and would require the State Department of Social Services to administer the contract with that entity. By creating a new crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law, the Child Care and Development Services Act, requires the State Department of Education to contract with local contracting agencies for alternative payment programs that are intended to allow for maximum parental choice in child care.
This bill would provide that a licensed or license-exempt child care provider who receives payment through a designated alternative payment program may file a complaint, alleging that the alternative payment program has not complied with federal or state law or regulation, pursuant to the Uniform Complaint Procedures in the California Code of Regulations, as specified. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares both of the following:
(a) Improving occupational health and safety in all lines of work is a priority for the State of California, and that focus should extend to family child care providers. Improving health and safety for family child care providers will also protect the health and safety of the children under their care, because a safer and healthier environment for family child care providers means a safer and healthier environment for children.
(b) Family child care providers are at risk for occupational health and safety hazards on the job, including from toxic chemicals, illness, stress, and physical hazards such as lifting and bending. According to the Bureau of Labor Statistics, child care workers have musculoskeletal injury rates comparable to those of industrial truck and tractor operators and construction equipment operators. Since family child care providers are not covered by workers’ compensation insurance, it is particularly important to them and to the children under their care that they be trained to avoid injury and illness on the job.
SEC. 2.
Section 1596.86 of the Health and Safety Code is amended to read:
1596.86.
(a) The director shall annually publish and make available to interested persons a list or lists covering all licensed child day care facilities, other than small family day care homes, and the services for which each facility has been licensed or issued a special permit. The lists shall also specify the licensed capacity of the facility and whether it is licensed by the department or by another public agency.
(b) To encourage the recruitment of small family day care homes and protect their personal privacy, the department shall prevent the use of lists containing names,
addresses
addresses,
and other identifying information of facilities identified as small family day care homes, except as necessary for administering the licensing program, facilitating the placement of children in these facilities, and providing the names and addresses to resource and referral agencies funded by the State Department of Education, food and nutrition programs funded by the State Department of Education, alternative payment programs funded by the State Department of Education, county programs under the Greater Avenues for Independence Act of 1985 (Article 3.2 (commencing with Section 11320) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code),
the entity selected to provide the trainings required pursuant to Section 1596.864,
family day care organizations, or specialized health care service plans licensed under the Knox-Keene Health Care Service Plan Act of 1975, as contained in Chapter 2.5 (commencing with Section 1340), which provide employee assistance program services that include child care referral services. Upon request, parents seeking local day care services may receive the names and telephone numbers of local small family day care providers.
(c) The department, in consultation with the Child Development Division of the State Department of Education, shall adopt regulations relating to the confidentiality of information provided pursuant to subdivision (b) on small family day care homes. These regulations shall include procedures for updating lists or other information on small family day care providers to ensure referral only to licensed homes in good standing with the department. Any person or entity violating the regulations under this subdivision may be denied access by the department to information on small family day care homes and shall be reported by the department to the appropriate funding or licensing department.
SEC. 3.
Section 1596.864 is added to the Health and Safety Code, to read:
1596.864.
(a) For purposes of this section, the following definitions shall apply:
(1) “Family child care provider” or “provider” means either of the following:
(A) A family day care home provider, as described in Section 1596.78, who is licensed pursuant to the requirement in Section 1596.80.
(B) A person who provides child care to children, in his or her own home or in the home of the child receiving care, under a publicly funded child care program and who is exempt from licensing requirements pursuant to Section 1596.792, but excluding family child care providers who are the relatives of the children receiving care.
(2) “Publicly funded child care program” means a program to subsidize early learning and care for children that is administered by the State Department of Education, the State Department of Social Services, or another department, agency, or political subdivision of the state, including, but not limited to, child care voucher programs, contracted child care slots, the California State Preschool Program, and programs established subsequent to the passage of this section, but not including the K-12 public education system.
(b) A family child care provider shall attend a one-time, two-hour training on occupational health and safety risks specific to the child care profession and how to identify and avoid those risks to protect the provider’s own health and safety and the health and safety of the children in his or her care.
(c) The State Department of Social Services may establish a schedule according to which all family child care providers shall be required to complete the training in no less than four years from when the training is first offered pursuant to this section, or within three months of the provider becoming a family child care provider, whichever occurs later. In establishing this schedule, the department shall prioritize the training of licensed family child care providers.
(d) The training sessions required pursuant to subdivision (b) shall include all of the following:
(1) A discussion of all of the following risks and how those risks can be identified and minimized in a child care setting:
(A) Chemical and biological hazards.
(B) Infectious disease.
(C) Physical hazards and stress.
(2) Small and large group discussion.
(3) An opportunity for the provider to learn from current child care professionals.
(4) Upon approval by the department based on a determination that the presentations would be relevant and useful to the providers, presentations by organizations that foster collective engagement by providers around improving the child care system, including the health and safety of providers and children, and about the organizations’ training and other opportunities for providers.
(5) An opportunity for a provider to give feedback on the training he or she has received.
(e) (1) The Department of Industrial Relations shall select an entity to provide the training required in this section based on a competitive process. The Department of Industrial Relations shall select an entity that meets all of the following requirements:
(A) Has experience providing occupational health and safety training, as described in this section, to family child care providers.
(B) Trains family child care providers to give the training required by this section to other providers.
(C) Will provide periodic updates on health and safety matters to providers who have completed the training.
(2) The entity selected to provide the training required by this section shall develop the curriculum for the training sessions with input from family child care providers. The curriculum shall be reviewed and approved by the Division of Occupational Safety and Health within the Department of Industrial Relations.
(3) The State Department of Social Services shall administer the contract with the entity selected to provide the training.
(f) The training required by this section shall be coordinated, to the extent possible, with other preservice training requirements for family child care providers, and with resource and referral networks, so as to reduce the burden on providers.
(g) On a monthly basis, the department shall provide lists of the family child care providers who have attended the training and of those who are required to attend the training, but have not yet attended, and their contact information, to the entity selected to provide the training. The entity shall use that information for the purpose of providing family child care providers with periodic updates on health and safety issues and other educational information. Upon written request of a provider, the department shall remove the provider’s home address and home telephone number from the lists before the lists are released.
(h) The department and the entity selected to provide the training shall comply with the Dymally-Alatorre Bilingual Services Act (Chapter 17.5 (commencing with Section 7290) of Division 7 of Title 1 of the Government Code), which includes, among alternative communication options, providing the same type of training materials in any non-English language spoken by a substantial number of members of the public whom the department serves.
(i) This section shall become operative on July 1, 2017.
SEC. 4.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
SECTION 1.
It is the intent of the Legislature to codify the rights of child care providers who are paid to provide child care through an alternative payment program to file a complaint with the State Department of Education when a child care provider has reason to believe that the alternative payment program contractor has violated federal or state law or regulation.
SEC. 2.
Section 8221.6 is added to the
Education Code
, to read:
8221.6.
(a)A licensed or license-exempt child care provider who receives payment through the alternative payment program may file a complaint, alleging that an alternative payment program has not complied with federal or state law or regulation, pursuant to the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations.
(b)For purposes of this section, alternative payment programs are operated by contractors reimbursed under the following contract types:
(1)The California Alternative Payment Program.
(2)The CalWORKs Stage 2 Program.
(3)The CalWORKs Stage 3 Program.
(4)The Migrant Alternative Payment Program.
(c)The operation of this section is contingent upon the enactment of an appropriation for this purpose in the annual Budget Act or another statute.
### Summary:
This bill would require the Department of Industrial Relations to select an entity to provide training on occupational health and safety risks to family child care providers. The bill would also |
The people of the State of California do enact as follows:
SECTION 1.
Section 17550.20 of the Business and Professions Code is amended to read:
17550.20.
(a) Not less than 10 days prior to doing business in this state, a seller of travel shall apply for registration with the office of the Attorney General by filing with the Consumer Law Section the information required by Section 17550.21 and a filing fee of one hundred dollars ($100) for each location from which the seller of travel conducts business. A late fee of five dollars ($5) per day, up to a maximum of five hundred dollars ($500), shall be paid for each day after the time specified by this section until the filing fee and the information required by Section 17550.21 are received. No registration shall be issued or approved until the late fee, and the filing and late fees for each year the seller of travel operated without being registered, have been paid. A seller of travel shall be deemed to do business in this state if the seller of travel solicits business from locations in this state regardless of the geographic location of the prospective purchaser including persons located outside of this state or the country or solicits prospective purchasers who are located in this state.
(b) Registration shall be valid for one year from the effective date thereof shown on the registration issued by the office of the Attorney General and may be annually renewed by making the filing required by Section 17550.21 and paying a filing fee of one hundred dollars ($100) for each location from which the seller of travel conducts business. A late fee of five dollars ($5) per day, up to a maximum of five hundred dollars ($500), shall be paid for each day after the time specified by this section until the filing fee and the information required by Section 17550.21 are received. No registration shall be renewed until the late fee, and the filing and late fees for each year the seller of travel operated without being registered, have been paid.
(c) Whenever, prior to expiration of a seller of travel’s annual registration, there is a material change in the information required by Section 17550.21, the seller of travel shall, within 10 days, file an addendum updating the information with the Consumer Law Section of the office of the Attorney General.
(d) (1) Not less than 10 days prior to the transfer or sale of any interest in a seller of travel, the selling or transferring owner shall file with the office of the Attorney General, Seller of Travel Program, a notice of encumbrance, sale, or transfer of ownership, using a form provided for that purpose by the office of the Attorney General. The notice shall provide the information required pursuant to subdivision (d) of Section 17550.21 as to each transferee.
(2) Until the time the notice of encumbrance, sale, or transfer of ownership required in paragraph (1) is filed as required, the selling, encumbering, or transferring owner is responsible for all acts of and obligations imposed by law on the transferee sellers of travel to the same extent as they would have been responsible had there been no transfer, sale, or encumbrance.
(e) The office of the Attorney General shall suspend the registration of any seller of travel who (1) fails to make any payment required pursuant to Article 2.7 (commencing with Section 17550.35) or (2) submits a check in payment of a registration fee or late fee required by this section that is not honored by the institution on which it is drawn. The Attorney General shall provide written notice to the seller of travel by first-class mail at the seller of travel’s place of business set forth in the registration statement that the seller of travel’s registration has been suspended until all fees that are due have been paid. The registration of the seller of travel shall be suspended until all such payments due have been collected.
(f) The Attorney General may, at his or her discretion and subject to supervision by the Attorney General or his or her delegate, contract out all or any part of the processing of registrations required by this section.
(g) This section does not apply to an individual, natural person who meets all of the following conditions:
(1) Has a written contract with a registered seller of travel to act on that registered seller of travel’s behalf in offering or selling air or sea transportation and other travel goods or services in connection with the transportation.
(2) Acts only on behalf of a registered seller of travel with whom the person has a written contract in the offer or sale to a passenger of air or sea transportation and other goods or services in connection with the transportation and sells no other air or sea transportation or travel services to that passenger.
(3) Provides air or sea transportation or travel services that are offered or sold pursuant to the official agency appointment of the registered seller of travel with whom the person has a written contract.
(4) Does not receive any consideration for air or sea transportation or other travel services from the passenger.
(5) Requires the passenger to pay all consideration for air or sea transportation or other travel services directly to the air carrier or ocean carrier or to the registered seller of travel.
(6) Discloses both of the following:
(A) The person is acting on behalf of a registered seller of travel.
(B) The name, address, telephone number, and registration number of the registered seller of travel on whose behalf the person is acting.
The person shall make the disclosures required by this paragraph in writing to the passenger at the same time the passenger receives notice under Section 17550.13. If the person transacts business in this state on the Internet, the disclosures also shall appear on the home page of the person’s Web site and shall be prominently set forth in the first electronic mail message sent to the passenger that refers to the passenger’s purchase of air or sea transportation or travel services.
(h) Whenever the Attorney General determines that a registration application is accurate and complete, the application shall be processed and a registration certificate shall be issued to the seller of travel within 21 days.
SEC. 1.5.
Section 17550.20 of the Business and Professions Code is amended to read:
17550.20.
(a) (1) Not less than 10 days prior to doing business in this state, a seller of travel shall apply for registration with the office of the Attorney General by filing with the Consumer Law Section the information required by Section 17550.21 and paying the following fees, as applicable:
(A) A filing fee of one hundred dollars ($100) for each location from which the seller of travel conducts business.
(B) A late fee of five dollars ($5) per day, up to a maximum of five hundred dollars ($500), for each day after the time specified by this section until the filing fee and the information required by Section 17550.21 are received.
(2) A seller of travel may annually renew its registration by making the filing required by Section 17550.21 and paying the filing fees and late fees required by paragraph (1).
(3) A registration shall not be issued, approved, or renewed until the late fee, the filing and late fees for each year the seller of travel operated without being registered, and any outstanding assessments due to the Travel Consumer Restitution Corporation as required by Sections 17550.43 and 17550.44 have been paid.
(4) A seller of travel shall be deemed to do business in this state if the seller of travel solicits business from locations in this state regardless of the geographic location of the prospective purchaser including persons located outside of this state or the country or solicits prospective purchasers who are located in this state.
(b) Registration shall be valid for one year from the effective date thereof shown on the registration issued by the office of the Attorney General.
(c) Whenever, prior to expiration of a seller of travel’s annual registration, there is a material change in the information required by Section 17550.21, the seller of travel shall, within 10 days, file an addendum updating the information with the Consumer Law Section of the office of the Attorney General.
(d) (1) Not less than 10 days prior to the transfer or sale of any interest in a seller of travel, the selling or transferring owner shall file with the office of the Attorney General, Seller of Travel Program, a notice of encumbrance, sale, or transfer of ownership, using a form provided for that purpose by the office of the Attorney General. The notice shall provide the information required pursuant to subdivision (d) of Section 17550.21 as to each transferee.
(2) Until the time the notice of encumbrance, sale, or transfer of ownership required in paragraph (1) is filed as required, the selling, encumbering, or transferring owner is responsible for all acts of and obligations imposed by law on the transferee sellers of travel to the same extent as they would have been responsible had there been no transfer, sale, or encumbrance.
(e) (1) The office of the Attorney General shall suspend the registration of a seller of travel who does any of the following:
(A) Fails to make any payment required pursuant to Article 2.7 (commencing with Section 17550.35).
(B) Submits a check in payment of a registration fee or late fee required by this section that is not honored by the institution on which it is drawn.
(C) Fails to provide the file number assigned by the Secretary of State or the Franchise Tax Board to the seller of travel, as required by subdivision (m) of Section 17550.21.
(2) The Attorney General shall provide written notice to the seller of travel by first-class mail at the seller of travel’s place of business set forth in the registration statement that the seller of travel’s registration has been suspended until all fees that are due have been paid. The registration of the seller of travel shall be suspended until all such payments due have been collected.
(f) The Attorney General may, at his or her discretion and subject to supervision by the Attorney General or his or her delegate, contract out all or any part of the processing of registrations required by this section.
(g) This section does not apply to a person who is an individual, a single-member limited liability company whose sole member is an individual, or a single-shareholder “S” corporation whose sole shareholder is an individual, that meets all of the following:
(1) Has a written contract with a registered seller of travel to act on that registered seller of travel’s behalf in offering or selling air or sea transportation and other travel goods or services in connection with the transportation.
(2) Acts only on behalf of a registered seller of travel with whom the person has a written contract in the offer or sale to a passenger of air or sea transportation and other goods or services in connection with the transportation and sells no other air or sea transportation or travel services to that passenger.
(3) Provides air or sea transportation or travel services that are offered or sold pursuant to the official agency appointment of the registered seller of travel with whom the person has a written contract.
(4) Does not receive any consideration for air or sea transportation or other travel services from the passenger.
(5) Requires the passenger to pay all consideration for air or sea transportation or other travel services directly to the air carrier or ocean carrier or to the registered seller of travel.
(6) Discloses both of the following:
(A) The person is acting on behalf of a registered seller of travel.
(B) The name, address, telephone number, and registration number of the registered seller of travel on whose behalf the person is acting.
The person shall make the disclosures required by this paragraph in writing to the passenger at the same time the passenger receives notice under Section 17550.13. If the person transacts business in this state on the Internet, the disclosures also shall appear on the home page of the person’s Internet Web site and shall be prominently set forth in the first electronic mail message sent to the passenger that refers to the passenger’s purchase of air or sea transportation or travel services.
(h) Whenever the Attorney General determines that a registration application is accurate and complete, the application shall be processed and a registration certificate shall be issued to the seller of travel within 21 days.
SEC. 2.
Section 1.5 of this bill incorporates amendments to Section 17550.20 of the Business and Professions Code proposed by both this bill and Assembly Bill 2106. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 17550.20 of the Business and Professions Code, and (3) this bill is enacted after Assembly Bill 2106, in which case Section 1 of this bill shall not become operative. | Existing law regulates sellers of travel, as defined, and requires their registration with the Attorney General. Under existing law, a seller of travel is deemed to do business in this state if the seller of travel solicits business from locations in this state or solicits prospective purchasers who are located in this state.
This bill would clarify that a seller of travel is deemed to do business in this state if the seller of travel solicits business from locations in this state regardless of the geographic location of the prospective purchaser including persons located outside of this state or the country.
This bill would incorporate additional changes to Section 17550.20 of the Business and Professions Code proposed by AB 2106 that would become operative if this bill and AB 2106 are enacted and this bill is enacted last. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
Section 17550.20 of the Business and Professions Code is amended to read:
17550.20.
(a) Not less than 10 days prior to doing business in this state, a seller of travel shall apply for registration with the office of the Attorney General by filing with the Consumer Law Section the information required by Section 17550.21 and a filing fee of one hundred dollars ($100) for each location from which the seller of travel conducts business. A late fee of five dollars ($5) per day, up to a maximum of five hundred dollars ($500), shall be paid for each day after the time specified by this section until the filing fee and the information required by Section 17550.21 are received. No registration shall be issued or approved until the late fee, and the filing and late fees for each year the seller of travel operated without being registered, have been paid. A seller of travel shall be deemed to do business in this state if the seller of travel solicits business from locations in this state regardless of the geographic location of the prospective purchaser including persons located outside of this state or the country or solicits prospective purchasers who are located in this state.
(b) Registration shall be valid for one year from the effective date thereof shown on the registration issued by the office of the Attorney General and may be annually renewed by making the filing required by Section 17550.21 and paying a filing fee of one hundred dollars ($100) for each location from which the seller of travel conducts business. A late fee of five dollars ($5) per day, up to a maximum of five hundred dollars ($500), shall be paid for each day after the time specified by this section until the filing fee and the information required by Section 17550.21 are received. No registration shall be renewed until the late fee, and the filing and late fees for each year the seller of travel operated without being registered, have been paid.
(c) Whenever, prior to expiration of a seller of travel’s annual registration, there is a material change in the information required by Section 17550.21, the seller of travel shall, within 10 days, file an addendum updating the information with the Consumer Law Section of the office of the Attorney General.
(d) (1) Not less than 10 days prior to the transfer or sale of any interest in a seller of travel, the selling or transferring owner shall file with the office of the Attorney General, Seller of Travel Program, a notice of encumbrance, sale, or transfer of ownership, using a form provided for that purpose by the office of the Attorney General. The notice shall provide the information required pursuant to subdivision (d) of Section 17550.21 as to each transferee.
(2) Until the time the notice of encumbrance, sale, or transfer of ownership required in paragraph (1) is filed as required, the selling, encumbering, or transferring owner is responsible for all acts of and obligations imposed by law on the transferee sellers of travel to the same extent as they would have been responsible had there been no transfer, sale, or encumbrance.
(e) The office of the Attorney General shall suspend the registration of any seller of travel who (1) fails to make any payment required pursuant to Article 2.7 (commencing with Section 17550.35) or (2) submits a check in payment of a registration fee or late fee required by this section that is not honored by the institution on which it is drawn. The Attorney General shall provide written notice to the seller of travel by first-class mail at the seller of travel’s place of business set forth in the registration statement that the seller of travel’s registration has been suspended until all fees that are due have been paid. The registration of the seller of travel shall be suspended until all such payments due have been collected.
(f) The Attorney General may, at his or her discretion and subject to supervision by the Attorney General or his or her delegate, contract out all or any part of the processing of registrations required by this section.
(g) This section does not apply to an individual, natural person who meets all of the following conditions:
(1) Has a written contract with a registered seller of travel to act on that registered seller of travel’s behalf in offering or selling air or sea transportation and other travel goods or services in connection with the transportation.
(2) Acts only on behalf of a registered seller of travel with whom the person has a written contract in the offer or sale to a passenger of air or sea transportation and other goods or services in connection with the transportation and sells no other air or sea transportation or travel services to that passenger.
(3) Provides air or sea transportation or travel services that are offered or sold pursuant to the official agency appointment of the registered seller of travel with whom the person has a written contract.
(4) Does not receive any consideration for air or sea transportation or other travel services from the passenger.
(5) Requires the passenger to pay all consideration for air or sea transportation or other travel services directly to the air carrier or ocean carrier or to the registered seller of travel.
(6) Discloses both of the following:
(A) The person is acting on behalf of a registered seller of travel.
(B) The name, address, telephone number, and registration number of the registered seller of travel on whose behalf the person is acting.
The person shall make the disclosures required by this paragraph in writing to the passenger at the same time the passenger receives notice under Section 17550.13. If the person transacts business in this state on the Internet, the disclosures also shall appear on the home page of the person’s Web site and shall be prominently set forth in the first electronic mail message sent to the passenger that refers to the passenger’s purchase of air or sea transportation or travel services.
(h) Whenever the Attorney General determines that a registration application is accurate and complete, the application shall be processed and a registration certificate shall be issued to the seller of travel within 21 days.
SEC. 1.5.
Section 17550.20 of the Business and Professions Code is amended to read:
17550.20.
(a) (1) Not less than 10 days prior to doing business in this state, a seller of travel shall apply for registration with the office of the Attorney General by filing with the Consumer Law Section the information required by Section 17550.21 and paying the following fees, as applicable:
(A) A filing fee of one hundred dollars ($100) for each location from which the seller of travel conducts business.
(B) A late fee of five dollars ($5) per day, up to a maximum of five hundred dollars ($500), for each day after the time specified by this section until the filing fee and the information required by Section 17550.21 are received.
(2) A seller of travel may annually renew its registration by making the filing required by Section 17550.21 and paying the filing fees and late fees required by paragraph (1).
(3) A registration shall not be issued, approved, or renewed until the late fee, the filing and late fees for each year the seller of travel operated without being registered, and any outstanding assessments due to the Travel Consumer Restitution Corporation as required by Sections 17550.43 and 17550.44 have been paid.
(4) A seller of travel shall be deemed to do business in this state if the seller of travel solicits business from locations in this state regardless of the geographic location of the prospective purchaser including persons located outside of this state or the country or solicits prospective purchasers who are located in this state.
(b) Registration shall be valid for one year from the effective date thereof shown on the registration issued by the office of the Attorney General.
(c) Whenever, prior to expiration of a seller of travel’s annual registration, there is a material change in the information required by Section 17550.21, the seller of travel shall, within 10 days, file an addendum updating the information with the Consumer Law Section of the office of the Attorney General.
(d) (1) Not less than 10 days prior to the transfer or sale of any interest in a seller of travel, the selling or transferring owner shall file with the office of the Attorney General, Seller of Travel Program, a notice of encumbrance, sale, or transfer of ownership, using a form provided for that purpose by the office of the Attorney General. The notice shall provide the information required pursuant to subdivision (d) of Section 17550.21 as to each transferee.
(2) Until the time the notice of encumbrance, sale, or transfer of ownership required in paragraph (1) is filed as required, the selling, encumbering, or transferring owner is responsible for all acts of and obligations imposed by law on the transferee sellers of travel to the same extent as they would have been responsible had there been no transfer, sale, or encumbrance.
(e) (1) The office of the Attorney General shall suspend the registration of a seller of travel who does any of the following:
(A) Fails to make any payment required pursuant to Article 2.7 (commencing with Section 17550.35).
(B) Submits a check in payment of a registration fee or late fee required by this section that is not honored by the institution on which it is drawn.
(C) Fails to provide the file number assigned by the Secretary of State or the Franchise Tax Board to the seller of travel, as required by subdivision (m) of Section 17550.21.
(2) The Attorney General shall provide written notice to the seller of travel by first-class mail at the seller of travel’s place of business set forth in the registration statement that the seller of travel’s registration has been suspended until all fees that are due have been paid. The registration of the seller of travel shall be suspended until all such payments due have been collected.
(f) The Attorney General may, at his or her discretion and subject to supervision by the Attorney General or his or her delegate, contract out all or any part of the processing of registrations required by this section.
(g) This section does not apply to a person who is an individual, a single-member limited liability company whose sole member is an individual, or a single-shareholder “S” corporation whose sole shareholder is an individual, that meets all of the following:
(1) Has a written contract with a registered seller of travel to act on that registered seller of travel’s behalf in offering or selling air or sea transportation and other travel goods or services in connection with the transportation.
(2) Acts only on behalf of a registered seller of travel with whom the person has a written contract in the offer or sale to a passenger of air or sea transportation and other goods or services in connection with the transportation and sells no other air or sea transportation or travel services to that passenger.
(3) Provides air or sea transportation or travel services that are offered or sold pursuant to the official agency appointment of the registered seller of travel with whom the person has a written contract.
(4) Does not receive any consideration for air or sea transportation or other travel services from the passenger.
(5) Requires the passenger to pay all consideration for air or sea transportation or other travel services directly to the air carrier or ocean carrier or to the registered seller of travel.
(6) Discloses both of the following:
(A) The person is acting on behalf of a registered seller of travel.
(B) The name, address, telephone number, and registration number of the registered seller of travel on whose behalf the person is acting.
The person shall make the disclosures required by this paragraph in writing to the passenger at the same time the passenger receives notice under Section 17550.13. If the person transacts business in this state on the Internet, the disclosures also shall appear on the home page of the person’s Internet Web site and shall be prominently set forth in the first electronic mail message sent to the passenger that refers to the passenger’s purchase of air or sea transportation or travel services.
(h) Whenever the Attorney General determines that a registration application is accurate and complete, the application shall be processed and a registration certificate shall be issued to the seller of travel within 21 days.
SEC. 2.
Section 1.5 of this bill incorporates amendments to Section 17550.20 of the Business and Professions Code proposed by both this bill and Assembly Bill 2106. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 17550.20 of the Business and Professions Code, and (3) this bill is enacted after Assembly Bill 2106, in which case Section 1 of this bill shall not become operative.
### Summary:
<bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos> |
The people of the State of California do enact as follows:
SECTION 1.
Section 27296 of the Government Code is amended to read:
27296.
(a) The county recorder in each county shall complete a yearly statistical report of documents, including electronically transmitted documents, recorded and filed on the form described in subdivision (b). The report shall be submitted to the office of the Insurance Commissioner. Documents shall be counted and reported in the same manner without regard to method of transmission. The county recorder may either charge for copies of this report or may disburse the report without fee for public information. Certified and noncertified copies of any records issued by the county recorder shall not be included in this report.
(b) The standard statistical report form shall be substantially as follows:
Documents Recorded and Filed
Year
Deeds ........................
Deeds of Trust and Mortgages ........................
Reconveyances ........................
Trustee’s Deeds ........................
Total number of documents recorded and filed ........................
SEC. 2.
Section 27390 of the Government Code is amended to read:
27390.
(a) This article shall be known and may be cited as the Electronic Recording Delivery Act of 2004.
(b) For the purposes of this article, the following definitions shall apply:
(1) “Authorized submitter” means a party that has entered into a contract with a county recorder pursuant to Section 27391 and is not disqualified pursuant to Section 27395.
(2) “Computer security auditor” means computer security personnel hired to perform an independent audit of the electronic recording delivery system. The computer security auditor shall be independent of the county recorder and the authorized submitter and shall not be the same contractor hired to establish or participate in a county’s electronic recording delivery system or in the authorized submitter’s portion of that system.
(3) “Digital electronic record” means a record containing information that is created, generated, sent, communicated, received, or stored by electronic means, but not created in original paper form.
(4) “Digitized electronic record” means a scanned image of the original paper document.
(5) “Electronic recording delivery system” means a system to deliver for recording, and to return to the party requesting recording, digitized or digital electronic records.
(6) “Security testing” means an independent security audit by a computer security auditor, including, but not limited to, attempts to penetrate an electronic recording delivery system for the purpose of testing the security of that system.
(7) “Source code” means a program or set of programs, readable and maintainable by humans, translated or interpreted into a form that the electronic recording delivery system can execute.
(8) “System certification” means the issuance of a confirmation letter regarding a county’s electronic recording delivery system by the Attorney General.
SEC. 3.
Section 27391 of the Government Code is amended to read:
27391.
(a) Upon approval by resolution of the board of supervisors and system certification by the Attorney General, a county recorder may establish an electronic recording delivery system.
(b) Upon system certification, a county recorder may enter into a contract with a title insurer as defined in Section 12340.4 of the Insurance Code, underwritten title company as defined in Section 12340.5 of the Insurance Code, institutional lender as defined in paragraph (1), (2), or (4) of subdivision (j) of Section 50003 of the Financial Code, or an entity of local, state, or federal government for the delivery for recording, and return to the party requesting recording, of a digital or digitized electronic record that is an instrument to be recorded consistent with subdivision (a) of Section 27201. The contract may provide for the delivery of documents by an agent. However, the agent shall not be a vendor of electronic recording delivery systems.
(c) (1) A county recorder may enter into a contract with an authorized submitter not authorized pursuant to subdivision (b) for the delivery for recording, and return to the party requesting recording, of a digital or digitized electronic record that is an instrument to be recorded consistent with subdivision (a) of Section 27201. The contract may provide for the delivery of documents by an agent. However, the agent shall not be a vendor of electronic recording delivery systems.
(2) An authorized submitter authorized pursuant to this subdivision and any agent submitting documents on behalf of an authorized submitter pursuant to this subdivision shall provide proof of financial responsibility by providing a certificate of insurance evidencing an amount of general liability coverage reasonably adequate to protect against liability and cover potential losses. The amount of general liability coverage required by this paragraph shall be set through rule or regulation by the Attorney General in consultation with interested parties.
(d) A county recorder may refuse to enter into a contract with any party or may terminate or suspend access to a system for any good faith reason, including, but not limited to, a determination by the county recorder that termination or suspension is necessary to protect the public interest, to protect the integrity of public records, or to protect homeowners from financial harm, or if the volume or quality of instruments submitted by the requester is not sufficient to warrant electronic recordation. A county recorder may also terminate or suspend access to a system if a party commits a substantive breach of the contract, the requirements of this article, or the regulations adopted pursuant to this article.
(e) Notwithstanding Section 27321, a county recorder may require a party electronically submitting records to mail a copy of the recorded electronic document to the address specified in the instructions for mailing upon completion of recording.
(f) When a signature is required to be accompanied by a notary’s seal or stamp, that requirement is satisfied if the electronic signature of the notary contains all of the following:
(1) The name of the notary.
(2) The words “Notary Public.”
(3) The name of the county where the bond and oath of office of the notary are filed.
(4) The sequential identification number assigned to the notary, if any.
(5) The sequential identification number assigned to the manufacturer or vendor of the notary’s physical or electronic seal, if any.
(g) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.
SEC. 4.
Section 27391 is added to the Government Code, to read:
27391.
(a) Upon approval by resolution of the board of supervisors and system certification by the Attorney General, a county recorder may establish an electronic recording delivery system.
(b) Upon system certification, a county recorder may enter into a contract with a title insurer as defined in Section 12340.4 of the Insurance Code, underwritten title company as defined in Section 12340.5 of the Insurance Code, institutional lender as defined in paragraph (1), (2), or (4) of subdivision (j) of Section 50003 of the Financial Code, or an entity of local, state, or federal government for the delivery for recording, and return to the party requesting recording, of a digitized electronic record that is an instrument affecting a right, title, or interest in real property. The contract may provide for the delivery of documents by an agent. However, the agent shall not be a vendor of electronic recording delivery systems.
(c) A county recorder may refuse to enter into a contract with any party or may terminate or suspend access to a system for any good faith reason, including, but not limited to, a determination by the county recorder that termination or suspension is necessary to protect the public interest, to protect the integrity of public records, or to protect homeowners from financial harm, or if the volume or quality of instruments submitted by the requester is not sufficient to warrant electronic recordation. A county recorder may also terminate or suspend access to a system if a party commits a substantive breach of the contract, the requirements of this article, or the regulations adopted pursuant to this article.
(d) Notwithstanding Section 27321, a county recorder may require a party electronically submitting records to mail a copy of the recorded electronic document to the address specified in the instructions for mailing upon completion of recording.
(e) When a signature is required to be accompanied by a notary’s seal or stamp, that requirement is satisfied if the electronic signature of the notary contains all of the following:
(1) The name of the notary.
(2) The words “Notary Public.”
(3) The name of the county where the bond and oath of office of the notary are filed.
(4) The sequential identification number assigned to the notary, if any.
(5) The sequential identification number assigned to the manufacturer or vendor of the notary’s physical or electronic seal, if any.
(f) This section shall become operative on January 1, 2027.
SEC. 5.
Section 27393 of the Government Code is amended to read:
27393.
(a) The Attorney General shall, in consultation with interested parties, adopt regulations for the review, approval, and oversight of electronic recording delivery systems. Regulations shall be adopted pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3). The regulations shall comply with Section 12168.7.
(b) The regulations adopted pursuant to subdivision (a) may include, but need not be limited to, all of the following:
(1) Establishment of baseline technological and procedural specifications for electronic recording delivery systems.
(2) Requirements for security, capacity, reliability, and uniformity.
(3) Requirements as to the nature and frequency of computer security audits.
(4) A statement of a detailed and uniform definition of the term “source code” consistent with paragraph (7) of subdivision (b) of Section 27390, and as used in this article, and applicable to each county’s electronic recording delivery system.
(5) Requirements for placement of a copy of the operating system, source code, compilers, and all related software associated with each county’s electronic recording delivery system in an approved escrow facility prior to that system’s first use.
(6) Requirements to ensure that substantive modifications to an operating system, compilers, related software, or source code are approved by the Attorney General.
(7) Procedures for initial certification of vendors offering software and other services to counties for electronic recording delivery systems.
(8) Requirements for system certification and for oversight of approved systems.
(9) Requirements for general liability coverage required by subdivision (c) of Section 27391.
(10) Requirements for fingerprinting and criminal records checks required by Section 27395, including a list of employment positions or classifications subject to criminal records checks under subdivision (f) of that section.
(11) Requirements for uniform index information that shall be included in every digitized or digital electronic record.
(12) Requirements for protecting proprietary information accessed pursuant to subdivision (e) of Section 27394 from public disclosure.
(13) Requirements for certification under Section 27397.5.
(c) The Attorney General may promulgate any other regulations necessary to fulfill his or her obligations under this article.
(d) An electronic recording delivery system shall be subject to local inspection and review by the Attorney General. The Attorney General shall furnish a statement of any relevant findings associated with a local inspection of an electronic recording delivery system, to the county recorder and the district attorney of the affected county, and to all technology vendors associated with that system.
(e) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.
SEC. 6.
Section 27393 is added to the Government Code, to read:
27393.
(a) The Attorney General shall, in consultation with interested parties, adopt regulations for the review, approval, and oversight of electronic recording delivery systems. Regulations shall be adopted pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3). The regulations shall comply with Section 12168.7.
(b) The regulations adopted pursuant to subdivision (a) may include, but need not be limited to, all of the following:
(1) Establishment of baseline technological and procedural specifications for electronic recording delivery systems.
(2) Requirements for security, capacity, reliability, and uniformity.
(3) Requirements as to the nature and frequency of computer security audits.
(4) A statement of a detailed and uniform definition of the term “source code” consistent with paragraph (7) of subdivision (b) of Section 27390, and as used in this article, and applicable to each county’s electronic recording delivery system.
(5) Requirements for placement of a copy of the operating system, source code, compilers, and all related software associated with each county’s electronic recording delivery system in an approved escrow facility prior to that system’s first use.
(6) Requirements to ensure that substantive modifications to an operating system, compilers, related software, or source code are approved by the Attorney General.
(7) Procedures for initial certification of vendors offering software and other services to counties for electronic recording delivery systems.
(8) Requirements for system certification and for oversight of approved systems.
(9) Requirements for fingerprinting and criminal records checks required by Section 27395, including a list of employment positions or classifications subject to criminal records checks under subdivision (f) of that section.
(10) Requirements for uniform index information that shall be included in every digitized or digital electronic record.
(11) Requirements for protecting proprietary information accessed pursuant to subdivision (e) of Section 27394 from public disclosure.
(12) Requirements for certification under Section 27397.5.
(c) The Attorney General may promulgate any other regulations necessary to fulfill his or her obligations under this article.
(d) An electronic recording delivery system shall be subject to local inspection and review by the Attorney General. The Attorney General shall furnish a statement of any relevant findings associated with a local inspection of an electronic recording delivery system, to the county recorder and the district attorney of the affected county, and to all technology vendors associated with that system.
(e) This section shall become operative on January 1, 2027. | Existing law requires the county recorder in each county to complete a yearly statistical report on a specified form of documents recorded and filed.
This bill would require the report to also include information regarding electronically submitted documents, and would require documents to be counted and reported in the same manner without regard to method of transmission.
The Electronic Recording Delivery Act of 2004 authorizes a county recorder, upon approval by resolution of the board of supervisors and system certification by the Attorney General, to establish an electronic recording delivery system for the delivery for recording of specified digitized electronic records, subject to specified conditions. The act authorizes a county recorder to enter into a contract with specified entities for the delivery for recording, and return to the party requesting recording, a digitized electronic record that is an instrument affecting a right, title, or interest in real property.
This bill, until January 1, 2027, would authorize a county recorder to also enter into a contract with an authorized submitter for the delivery for recording, and return to the party requesting recording, of a digital or digitized electronic record that is an instrument to be recorded consistent with a specified provision. The bill, until January 1, 2027, would require an authorized submitter, as specified, and any agent submitting documents on behalf of an authorized submitter, to provide proof of financial responsibility in the form of general liability coverage, as provided.
Existing law requires the Attorney General, in consultation with interested parties, to adopt regulations for the review, approval, and oversight of electronic recording delivery systems. Existing law authorizes the regulations to include specified requirements and procedures.
This bill, until January 1, 2027, would additionally authorize the regulations to include requirements for general liability coverage as described above. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
Section 27296 of the Government Code is amended to read:
27296.
(a) The county recorder in each county shall complete a yearly statistical report of documents, including electronically transmitted documents, recorded and filed on the form described in subdivision (b). The report shall be submitted to the office of the Insurance Commissioner. Documents shall be counted and reported in the same manner without regard to method of transmission. The county recorder may either charge for copies of this report or may disburse the report without fee for public information. Certified and noncertified copies of any records issued by the county recorder shall not be included in this report.
(b) The standard statistical report form shall be substantially as follows:
Documents Recorded and Filed
Year
Deeds ........................
Deeds of Trust and Mortgages ........................
Reconveyances ........................
Trustee’s Deeds ........................
Total number of documents recorded and filed ........................
SEC. 2.
Section 27390 of the Government Code is amended to read:
27390.
(a) This article shall be known and may be cited as the Electronic Recording Delivery Act of 2004.
(b) For the purposes of this article, the following definitions shall apply:
(1) “Authorized submitter” means a party that has entered into a contract with a county recorder pursuant to Section 27391 and is not disqualified pursuant to Section 27395.
(2) “Computer security auditor” means computer security personnel hired to perform an independent audit of the electronic recording delivery system. The computer security auditor shall be independent of the county recorder and the authorized submitter and shall not be the same contractor hired to establish or participate in a county’s electronic recording delivery system or in the authorized submitter’s portion of that system.
(3) “Digital electronic record” means a record containing information that is created, generated, sent, communicated, received, or stored by electronic means, but not created in original paper form.
(4) “Digitized electronic record” means a scanned image of the original paper document.
(5) “Electronic recording delivery system” means a system to deliver for recording, and to return to the party requesting recording, digitized or digital electronic records.
(6) “Security testing” means an independent security audit by a computer security auditor, including, but not limited to, attempts to penetrate an electronic recording delivery system for the purpose of testing the security of that system.
(7) “Source code” means a program or set of programs, readable and maintainable by humans, translated or interpreted into a form that the electronic recording delivery system can execute.
(8) “System certification” means the issuance of a confirmation letter regarding a county’s electronic recording delivery system by the Attorney General.
SEC. 3.
Section 27391 of the Government Code is amended to read:
27391.
(a) Upon approval by resolution of the board of supervisors and system certification by the Attorney General, a county recorder may establish an electronic recording delivery system.
(b) Upon system certification, a county recorder may enter into a contract with a title insurer as defined in Section 12340.4 of the Insurance Code, underwritten title company as defined in Section 12340.5 of the Insurance Code, institutional lender as defined in paragraph (1), (2), or (4) of subdivision (j) of Section 50003 of the Financial Code, or an entity of local, state, or federal government for the delivery for recording, and return to the party requesting recording, of a digital or digitized electronic record that is an instrument to be recorded consistent with subdivision (a) of Section 27201. The contract may provide for the delivery of documents by an agent. However, the agent shall not be a vendor of electronic recording delivery systems.
(c) (1) A county recorder may enter into a contract with an authorized submitter not authorized pursuant to subdivision (b) for the delivery for recording, and return to the party requesting recording, of a digital or digitized electronic record that is an instrument to be recorded consistent with subdivision (a) of Section 27201. The contract may provide for the delivery of documents by an agent. However, the agent shall not be a vendor of electronic recording delivery systems.
(2) An authorized submitter authorized pursuant to this subdivision and any agent submitting documents on behalf of an authorized submitter pursuant to this subdivision shall provide proof of financial responsibility by providing a certificate of insurance evidencing an amount of general liability coverage reasonably adequate to protect against liability and cover potential losses. The amount of general liability coverage required by this paragraph shall be set through rule or regulation by the Attorney General in consultation with interested parties.
(d) A county recorder may refuse to enter into a contract with any party or may terminate or suspend access to a system for any good faith reason, including, but not limited to, a determination by the county recorder that termination or suspension is necessary to protect the public interest, to protect the integrity of public records, or to protect homeowners from financial harm, or if the volume or quality of instruments submitted by the requester is not sufficient to warrant electronic recordation. A county recorder may also terminate or suspend access to a system if a party commits a substantive breach of the contract, the requirements of this article, or the regulations adopted pursuant to this article.
(e) Notwithstanding Section 27321, a county recorder may require a party electronically submitting records to mail a copy of the recorded electronic document to the address specified in the instructions for mailing upon completion of recording.
(f) When a signature is required to be accompanied by a notary’s seal or stamp, that requirement is satisfied if the electronic signature of the notary contains all of the following:
(1) The name of the notary.
(2) The words “Notary Public.”
(3) The name of the county where the bond and oath of office of the notary are filed.
(4) The sequential identification number assigned to the notary, if any.
(5) The sequential identification number assigned to the manufacturer or vendor of the notary’s physical or electronic seal, if any.
(g) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.
SEC. 4.
Section 27391 is added to the Government Code, to read:
27391.
(a) Upon approval by resolution of the board of supervisors and system certification by the Attorney General, a county recorder may establish an electronic recording delivery system.
(b) Upon system certification, a county recorder may enter into a contract with a title insurer as defined in Section 12340.4 of the Insurance Code, underwritten title company as defined in Section 12340.5 of the Insurance Code, institutional lender as defined in paragraph (1), (2), or (4) of subdivision (j) of Section 50003 of the Financial Code, or an entity of local, state, or federal government for the delivery for recording, and return to the party requesting recording, of a digitized electronic record that is an instrument affecting a right, title, or interest in real property. The contract may provide for the delivery of documents by an agent. However, the agent shall not be a vendor of electronic recording delivery systems.
(c) A county recorder may refuse to enter into a contract with any party or may terminate or suspend access to a system for any good faith reason, including, but not limited to, a determination by the county recorder that termination or suspension is necessary to protect the public interest, to protect the integrity of public records, or to protect homeowners from financial harm, or if the volume or quality of instruments submitted by the requester is not sufficient to warrant electronic recordation. A county recorder may also terminate or suspend access to a system if a party commits a substantive breach of the contract, the requirements of this article, or the regulations adopted pursuant to this article.
(d) Notwithstanding Section 27321, a county recorder may require a party electronically submitting records to mail a copy of the recorded electronic document to the address specified in the instructions for mailing upon completion of recording.
(e) When a signature is required to be accompanied by a notary’s seal or stamp, that requirement is satisfied if the electronic signature of the notary contains all of the following:
(1) The name of the notary.
(2) The words “Notary Public.”
(3) The name of the county where the bond and oath of office of the notary are filed.
(4) The sequential identification number assigned to the notary, if any.
(5) The sequential identification number assigned to the manufacturer or vendor of the notary’s physical or electronic seal, if any.
(f) This section shall become operative on January 1, 2027.
SEC. 5.
Section 27393 of the Government Code is amended to read:
27393.
(a) The Attorney General shall, in consultation with interested parties, adopt regulations for the review, approval, and oversight of electronic recording delivery systems. Regulations shall be adopted pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3). The regulations shall comply with Section 12168.7.
(b) The regulations adopted pursuant to subdivision (a) may include, but need not be limited to, all of the following:
(1) Establishment of baseline technological and procedural specifications for electronic recording delivery systems.
(2) Requirements for security, capacity, reliability, and uniformity.
(3) Requirements as to the nature and frequency of computer security audits.
(4) A statement of a detailed and uniform definition of the term “source code” consistent with paragraph (7) of subdivision (b) of Section 27390, and as used in this article, and applicable to each county’s electronic recording delivery system.
(5) Requirements for placement of a copy of the operating system, source code, compilers, and all related software associated with each county’s electronic recording delivery system in an approved escrow facility prior to that system’s first use.
(6) Requirements to ensure that substantive modifications to an operating system, compilers, related software, or source code are approved by the Attorney General.
(7) Procedures for initial certification of vendors offering software and other services to counties for electronic recording delivery systems.
(8) Requirements for system certification and for oversight of approved systems.
(9) Requirements for general liability coverage required by subdivision (c) of Section 27391.
(10) Requirements for fingerprinting and criminal records checks required by Section 27395, including a list of employment positions or classifications subject to criminal records checks under subdivision (f) of that section.
(11) Requirements for uniform index information that shall be included in every digitized or digital electronic record.
(12) Requirements for protecting proprietary information accessed pursuant to subdivision (e) of Section 27394 from public disclosure.
(13) Requirements for certification under Section 27397.5.
(c) The Attorney General may promulgate any other regulations necessary to fulfill his or her obligations under this article.
(d) An electronic recording delivery system shall be subject to local inspection and review by the Attorney General. The Attorney General shall furnish a statement of any relevant findings associated with a local inspection of an electronic recording delivery system, to the county recorder and the district attorney of the affected county, and to all technology vendors associated with that system.
(e) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.
SEC. 6.
Section 27393 is added to the Government Code, to read:
27393.
(a) The Attorney General shall, in consultation with interested parties, adopt regulations for the review, approval, and oversight of electronic recording delivery systems. Regulations shall be adopted pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3). The regulations shall comply with Section 12168.7.
(b) The regulations adopted pursuant to subdivision (a) may include, but need not be limited to, all of the following:
(1) Establishment of baseline technological and procedural specifications for electronic recording delivery systems.
(2) Requirements for security, capacity, reliability, and uniformity.
(3) Requirements as to the nature and frequency of computer security audits.
(4) A statement of a detailed and uniform definition of the term “source code” consistent with paragraph (7) of subdivision (b) of Section 27390, and as used in this article, and applicable to each county’s electronic recording delivery system.
(5) Requirements for placement of a copy of the operating system, source code, compilers, and all related software associated with each county’s electronic recording delivery system in an approved escrow facility prior to that system’s first use.
(6) Requirements to ensure that substantive modifications to an operating system, compilers, related software, or source code are approved by the Attorney General.
(7) Procedures for initial certification of vendors offering software and other services to counties for electronic recording delivery systems.
(8) Requirements for system certification and for oversight of approved systems.
(9) Requirements for fingerprinting and criminal records checks required by Section 27395, including a list of employment positions or classifications subject to criminal records checks under subdivision (f) of that section.
(10) Requirements for uniform index information that shall be included in every digitized or digital electronic record.
(11) Requirements for protecting proprietary information accessed pursuant to subdivision (e) of Section 27394 from public disclosure.
(12) Requirements for certification under Section 27397.5.
(c) The Attorney General may promulgate any other regulations necessary to fulfill his or her obligations under this article.
(d) An electronic recording delivery system shall be subject to local inspection and review by the Attorney General. The Attorney General shall furnish a statement of any relevant findings associated with a local inspection of an electronic recording delivery system, to the county recorder and the district attorney of the affected county, and to all technology vendors associated with that system.
(e) This section shall become operative on January 1, 2027.
### Summary:
<bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos> |
The people of the State of California do enact as follows:
SECTION 1.
Section 4073.5 of the Business and Professions Code is amended to read:
4073.5.
(a) A pharmacist filling a prescription order for a prescribed biological product may select an alternative biological product only if all of the following apply:
(1) The alternative biological product is interchangeable.
(2) The prescriber does not personally indicate “Do not substitute,” or words of similar meaning, in the manner provided in subdivision (e).
(b) Within five days following the dispensing of a biological product, a dispensing pharmacist or the pharmacists’ designee shall make an entry of the specific biological product provided to the patient, including the name of the biological product and the manufacturer. The communication shall be conveyed by making an entry that can be electronically accessed by the prescriber through one or more of the following electronic records systems:
(1) An interoperable electronic medical records system.
(2) An electronic prescribing technology.
(3) A pharmacy benefit management system.
(4) A pharmacy record.
(c) Entry into an electronic records system as described in subdivision (b) is presumed to provide notice to the prescriber.
(d) If the pharmacy does not have access to one or more of the entry systems in subdivision (b), the pharmacist or the pharmacist’s designee shall communicate the name of the biological product dispensed to the prescriber using facsimile, telephone, electronic transmission, or other prevailing means, except that communication shall not be required in this instance to the prescriber when either of the following apply:
(1) There is no interchangeable biological product approved by the federal Food and Drug Administration for the product prescribed.
(2) A refill prescription is not changed from the product dispensed on the prior filling of the prescription.
(e) A selection shall not be made pursuant to this section if the prescriber personally indicates, either orally or in his or her own handwriting, “Do not substitute,” or words of similar meaning.
(1) This subdivision shall not prohibit a prescriber from checking a box on a prescription marked “Do not substitute,” provided that the prescriber personally initials the box or checkmark.
(2) To indicate that a selection shall not be made pursuant to this section for an electronic data transmission prescription, as defined in subdivision (c) of Section 4040, a prescriber may indicate “Do not substitute,” or words of similar meaning, in the prescription as transmitted by electronic data, or may check a box marked on the prescription “Do not substitute.” In either instance, it shall not be required that the prohibition on substitution be manually initialed by the prescriber.
(f) Selection pursuant to this section is within the discretion of the pharmacist, except as provided in subdivision (e). A pharmacist who selects an alternative biological product to be dispensed pursuant to this section shall assume the same responsibility for substituting the biological product as would be incurred in filling a prescription for a biological product prescribed by name. There shall be no liability on the prescriber for an act or omission by a pharmacist in selecting, preparing, or dispensing a biological product pursuant to this section. The pharmacist shall not select a biological product that meets the requirements of subdivision (a) unless the cost to the patient of the biological product selected is the same or less than the cost of the prescribed biological product. “Cost,” as used in this subdivision, includes any professional fee that may be charged by the pharmacist.
(g) This section shall apply to all prescriptions, including those presented by or on behalf of persons receiving assistance from the federal government or pursuant to the Medi-Cal Act set forth in Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code.
(h) When a selection is made pursuant to this section, the substitution of a biological product shall be communicated to the patient.
(i) The board shall maintain on its public Internet Web site a link to the current list, if available, of biological products determined by the federal Food and Drug Administration to be interchangeable.
(j) For purposes of this section, the following terms shall have the following meanings:
(1) “Biological product” has the same meaning that applies to that term under Section 351 of the federal Public Health Service Act (42 U.S.C. Sec. 262(i)).
(2) “Interchangeable” means a biological product that the federal Food and Drug Administration has determined meets the standards set forth in Section 262(k)(4) of Title 42 of the United States Code, or has been deemed therapeutically equivalent by the federal Food and Drug Administration as set forth in the latest addition or supplement of the Approved Drug Products with Therapeutic Equivalence Evaluations.
(3) “Prescription,” with respect to a biological product, means a prescription for a product that is subject to Section 503(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 353(b)).
(k) This section shall not prohibit the administration of immunizations, as permitted in Sections 4052 and 4052.8.
(l) This section shall not prohibit a disability insurer or health care service plan from requiring prior authorization or imposing other appropriate utilization controls in approving coverage for any biological product.
SEC. 2.
Section 4074 of the Business and Professions Code is amended to read:
4074.
(a) A pharmacist shall inform a patient orally or in writing of the harmful effects of a drug dispensed by prescription if both of the following apply:
(1) The drug poses substantial risk to the person consuming the drug when taken in combination with alcohol or the drug may impair a person’s ability to drive a motor vehicle, whichever is applicable.
(2) The drug is determined by the board pursuant to subdivision (c) to be a drug or drug type for which this warning shall be given.
(b) In addition to the requirement described in subdivision (a), on and after July 1, 2014, if a pharmacist exercising his or her professional judgment determines that a drug may impair a person’s ability to operate a vehicle or vessel, the pharmacist shall include a written label on the drug container indicating that the drug may impair a person’s ability to operate a vehicle or vessel. The label required by this subdivision may be printed on an auxiliary label that is affixed to the prescription container.
(c) The board, by regulation, may require additional information or labeling.
(d) This section shall not apply to a drug furnished to a patient in conjunction with treatment or emergency services provided in a health facility or, except as provided in subdivision (e), to a drug furnished to a patient pursuant to subdivision (a) of Section 4056.
(e) A health facility shall establish and implement a written policy to ensure that each patient shall receive information regarding each drug given at the time of discharge and each drug given pursuant to subdivision (a) of Section 4056. This information shall include the use and storage of each drug, the precautions and relevant warnings, and the importance of compliance with directions.
The health facility shall require each patient to acknowledge in writing that the patient has received this information.
This information shall be given by a pharmacist or registered nurse, unless already provided by a patient’s prescriber, and the written policy shall be developed in collaboration with a physician, a pharmacist, and a registered nurse. The written policy shall be approved by the medical staff. Nothing in this subdivision or any other law shall be construed to require that only a pharmacist provide this consultation.
SEC. 3.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. | The Pharmacy Law provides for the licensure and regulation of pharmacists by the California State Board of Pharmacy.
That law establishes requirements for the substitution of an alternative biological product when a pharmacist is filling a prescription order for a prescribed biological product. That law requires a pharmacist to inform the patient orally or in writing of harmful effects of a drug dispensed by prescription, if the drug poses substantial risk to the person consuming the drug when taken in combination with alcohol, or if the drug may impair a person’s ability to drive a motor vehicle, whichever is applicable, and the board requires by regulation that warning is to be given.
A knowing violation of the Pharmacy Law is a crime.
The Pharmacy Law requires a health facility to establish and implement a written policy to ensure that each patient receives information regarding drugs given to the patient at the time of discharge or under certain other circumstances, including the use and storage of each drug, the precautions and relevant warnings, and the importance of compliance with directions.
This bill would revise that patient information provision to require that a health facility require each patient to acknowledge in writing that the patient has received this information. Because a violation of this requirement would be a crime under certain circumstances, the bill would impose a state-mandated local program.
The Pharmacy Law establishes requirements for the substitution of an alternative biological product when a pharmacist is filling a prescription order for a prescribed biological product.
This bill would make nonsubstantive changes to
those
that
substitution
and warning provisions.
provision.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
Section 4073.5 of the Business and Professions Code is amended to read:
4073.5.
(a) A pharmacist filling a prescription order for a prescribed biological product may select an alternative biological product only if all of the following apply:
(1) The alternative biological product is interchangeable.
(2) The prescriber does not personally indicate “Do not substitute,” or words of similar meaning, in the manner provided in subdivision (e).
(b) Within five days following the dispensing of a biological product, a dispensing pharmacist or the pharmacists’ designee shall make an entry of the specific biological product provided to the patient, including the name of the biological product and the manufacturer. The communication shall be conveyed by making an entry that can be electronically accessed by the prescriber through one or more of the following electronic records systems:
(1) An interoperable electronic medical records system.
(2) An electronic prescribing technology.
(3) A pharmacy benefit management system.
(4) A pharmacy record.
(c) Entry into an electronic records system as described in subdivision (b) is presumed to provide notice to the prescriber.
(d) If the pharmacy does not have access to one or more of the entry systems in subdivision (b), the pharmacist or the pharmacist’s designee shall communicate the name of the biological product dispensed to the prescriber using facsimile, telephone, electronic transmission, or other prevailing means, except that communication shall not be required in this instance to the prescriber when either of the following apply:
(1) There is no interchangeable biological product approved by the federal Food and Drug Administration for the product prescribed.
(2) A refill prescription is not changed from the product dispensed on the prior filling of the prescription.
(e) A selection shall not be made pursuant to this section if the prescriber personally indicates, either orally or in his or her own handwriting, “Do not substitute,” or words of similar meaning.
(1) This subdivision shall not prohibit a prescriber from checking a box on a prescription marked “Do not substitute,” provided that the prescriber personally initials the box or checkmark.
(2) To indicate that a selection shall not be made pursuant to this section for an electronic data transmission prescription, as defined in subdivision (c) of Section 4040, a prescriber may indicate “Do not substitute,” or words of similar meaning, in the prescription as transmitted by electronic data, or may check a box marked on the prescription “Do not substitute.” In either instance, it shall not be required that the prohibition on substitution be manually initialed by the prescriber.
(f) Selection pursuant to this section is within the discretion of the pharmacist, except as provided in subdivision (e). A pharmacist who selects an alternative biological product to be dispensed pursuant to this section shall assume the same responsibility for substituting the biological product as would be incurred in filling a prescription for a biological product prescribed by name. There shall be no liability on the prescriber for an act or omission by a pharmacist in selecting, preparing, or dispensing a biological product pursuant to this section. The pharmacist shall not select a biological product that meets the requirements of subdivision (a) unless the cost to the patient of the biological product selected is the same or less than the cost of the prescribed biological product. “Cost,” as used in this subdivision, includes any professional fee that may be charged by the pharmacist.
(g) This section shall apply to all prescriptions, including those presented by or on behalf of persons receiving assistance from the federal government or pursuant to the Medi-Cal Act set forth in Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code.
(h) When a selection is made pursuant to this section, the substitution of a biological product shall be communicated to the patient.
(i) The board shall maintain on its public Internet Web site a link to the current list, if available, of biological products determined by the federal Food and Drug Administration to be interchangeable.
(j) For purposes of this section, the following terms shall have the following meanings:
(1) “Biological product” has the same meaning that applies to that term under Section 351 of the federal Public Health Service Act (42 U.S.C. Sec. 262(i)).
(2) “Interchangeable” means a biological product that the federal Food and Drug Administration has determined meets the standards set forth in Section 262(k)(4) of Title 42 of the United States Code, or has been deemed therapeutically equivalent by the federal Food and Drug Administration as set forth in the latest addition or supplement of the Approved Drug Products with Therapeutic Equivalence Evaluations.
(3) “Prescription,” with respect to a biological product, means a prescription for a product that is subject to Section 503(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 353(b)).
(k) This section shall not prohibit the administration of immunizations, as permitted in Sections 4052 and 4052.8.
(l) This section shall not prohibit a disability insurer or health care service plan from requiring prior authorization or imposing other appropriate utilization controls in approving coverage for any biological product.
SEC. 2.
Section 4074 of the Business and Professions Code is amended to read:
4074.
(a) A pharmacist shall inform a patient orally or in writing of the harmful effects of a drug dispensed by prescription if both of the following apply:
(1) The drug poses substantial risk to the person consuming the drug when taken in combination with alcohol or the drug may impair a person’s ability to drive a motor vehicle, whichever is applicable.
(2) The drug is determined by the board pursuant to subdivision (c) to be a drug or drug type for which this warning shall be given.
(b) In addition to the requirement described in subdivision (a), on and after July 1, 2014, if a pharmacist exercising his or her professional judgment determines that a drug may impair a person’s ability to operate a vehicle or vessel, the pharmacist shall include a written label on the drug container indicating that the drug may impair a person’s ability to operate a vehicle or vessel. The label required by this subdivision may be printed on an auxiliary label that is affixed to the prescription container.
(c) The board, by regulation, may require additional information or labeling.
(d) This section shall not apply to a drug furnished to a patient in conjunction with treatment or emergency services provided in a health facility or, except as provided in subdivision (e), to a drug furnished to a patient pursuant to subdivision (a) of Section 4056.
(e) A health facility shall establish and implement a written policy to ensure that each patient shall receive information regarding each drug given at the time of discharge and each drug given pursuant to subdivision (a) of Section 4056. This information shall include the use and storage of each drug, the precautions and relevant warnings, and the importance of compliance with directions.
The health facility shall require each patient to acknowledge in writing that the patient has received this information.
This information shall be given by a pharmacist or registered nurse, unless already provided by a patient’s prescriber, and the written policy shall be developed in collaboration with a physician, a pharmacist, and a registered nurse. The written policy shall be approved by the medical staff. Nothing in this subdivision or any other law shall be construed to require that only a pharmacist provide this consultation.
SEC. 3.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
### Summary:
<bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos> |
The people of the State of California do enact as follows:
SECTION 1.
Section 22659.7 is added to the Vehicle Code, to read:
22659.7.
Notwithstanding any other law, a motor vehicle is a public nuisance subject to seizure by a local law enforcement agency and an impoundment period of up to 30 days when the motor vehicle is used in the commission or attempted commission of a violation of subdivision (b) of Section 647 of the Penal Code by a person buying or attempting to buy sexual services if the owner or operator of the vehicle has had a prior conviction for the same offense within the past three years. The vehicle may only be impounded pursuant to a valid arrest by a local law enforcement agency of the driver for a violation of subdivision (b) of Section 647 of the Penal Code for buying or attempting to buy sexual services. The following procedures shall apply:
(a) Within two working days after impoundment, the impounding agency shall send a notice by certified mail, return receipt requested, to the legal owner of the vehicle, at the address obtained from the department, informing the owner that the vehicle has been impounded. The notice shall also include notice of the opportunity for a poststorage hearing to determine the validity of the storage or to determine mitigating circumstances establishing that the vehicle should be released. The impounding agency shall be prohibited from charging for more than five days’ storage if the agency fails to notify the legal owner within two working days after the impoundment when the legal owner redeems the impounded vehicle. The impounding agency shall maintain a published telephone number that provides information 24 hours a day regarding the impoundment of vehicles and the rights of a legal owner and a registered owner to request a hearing. The notice shall include all of the following information:
(1) The name, address, and telephone number of the agency providing the notice.
(2) The location of the place of storage and description of the vehicle that shall include, if available, the model or make, the manufacturer, the license plate number, and the mileage.
(3) The authority and purpose for the removal of the vehicle.
(4) A statement that, in order to receive a poststorage hearing, the owners, or their agents, shall request the hearing in person, writing, or by telephone within 10 calendar days of the date appearing on the notice.
(b) The poststorage hearing shall be conducted within 48 hours of the request, excluding weekends and holidays. The public agency may authorize one of its own officers or employees to conduct the hearing if that hearing officer is not the same person who directed the seizure of the vehicle or who arrested the defendant.
(c) Failure of the legal and the registered owners, or their agents, to request or to attend a scheduled hearing shall satisfy the poststorage hearing requirement.
(d) The agency employing the person who directed the storage of the vehicle shall be responsible for the costs incurred for towing and storage if it is determined in the poststorage hearing that reasonable grounds for the storage are not established.
(e) Any period during which a vehicle is subjected to storage pursuant to this section shall be included as part of the period of impoundment.
(f) The impounding agency shall release the vehicle to the registered owner or his or her agent prior to the end of the impoundment period under any of the following circumstances:
(1) The driver of the impounded vehicle was arrested without probable cause.
(2) The vehicle is a stolen vehicle.
(3) The vehicle is subject to bailment and was driven by an unlicensed driver employed by a business establishment, including a parking service or repair garage.
(4) The driver of the vehicle is not the sole registered owner of the vehicle and the vehicle is being released to another registered owner of the vehicle who agrees not to allow the driver to use the vehicle until after the end of the impoundment period.
(5) The registered owner of the vehicle was neither the driver nor a passenger of the vehicle at the time of the alleged violation or was unaware that the driver was using the vehicle to engage in activities subject to subdivision (b) of Section 647 of the Penal Code.
(6) A spouse, registered domestic partner, or other affected third party objects to the impoundment of the vehicle on the grounds that impounding the vehicle would create a hardship because the subject vehicle is the sole vehicle in a household. The hearing officer shall release the vehicle where the hardship to a spouse, registered domestic partner, or other affected third party created by the impoundment of the subject vehicle, or the length of the impoundment, outweigh the seriousness and the severity of the act in which the vehicle was used.
(g) Notwithstanding any other law, if a motor vehicle is released prior to the conclusion of the impoundment period because the driver was arrested without probable cause, neither the arrested person nor the registered owner of the motor vehicle shall be responsible for the towing and storage charges.
(h) Except as provided in subdivision (g), the registered owner or his or her agent shall be responsible for all towing and storage charges related to the impoundment.
(i) A vehicle removed and seized pursuant to this section shall be released to the legal owner of the vehicle or the legal owner’s agent prior to the end of the impoundment period if both of the following conditions are met:
(1) The legal owner is a motor vehicle dealer, bank, credit union, acceptance corporation, or other licensed financial institution legally operating in this state or is another person who is not the registered owner and holds a security interest in the vehicle.
(2) The legal owner or the legal owner’s agent pays all towing and storage fees related to the seizure and impoundment of the vehicle.
(j) (1) No lien sale processing fees shall be charged to the legal owner who redeems the vehicle prior to the 15th day of the impoundment period. Neither the impounding authority nor any person having possession of the vehicle shall collect from the legal owner, as described in paragraph (1) of subdivision (i), or the legal owner’s agent, any administrative charges imposed pursuant to Section 22850.5 unless the legal owner voluntarily requested a poststorage hearing.
(2) A person operating or in charge of a storage facility where vehicles are stored pursuant to this section shall accept a valid bank credit card, debit card, or cash for payment of towing, storage, and related fees by a legal or registered owner or the owner’s agent claiming the vehicle. A credit card or debit card shall be in the name of the person presenting the card. For purposes of this section, “credit card” is as defined in subdivision (a) of Section 1747.02 of the Civil Code. A credit card does not include a credit card issued by a retail seller.
(3) A person operating or in charge of a storage facility described in paragraph (2) who violates paragraph (2) shall be civilly liable to the owner of the vehicle or the person who tendered the fees for four times the amount of the towing, storage, and related fees, not to exceed five hundred dollars ($500).
(4) A person operating or in charge of the storage facility described in paragraph (2) shall have sufficient funds on the premises of the primary storage facility during normal business hours to accommodate, and make change for, a reasonable monetary transaction.
(5) Credit charges for towing and storage services shall comply with Section 1748.1 of the Civil Code. Law enforcement agencies may include the costs of providing for payment by credit when making agreements with towing companies on rates.
(6) A failure by a storage facility to comply with any applicable conditions set forth in this subdivision shall not affect the right of the legal owner or the legal owner’s agent to retrieve the vehicle if all conditions required of the legal owner or legal owner’s agent under this subdivision are satisfied.
(k) (1) The legal owner or the legal owner’s agent shall present to the law enforcement agency, impounding agency, person in possession of the vehicle, or any person acting on behalf of those agencies, a copy of the assignment, as defined in subdivision (b) of Section 7500.1 of the Business and Professions Code, a release from the one responsible governmental agency, only if required by the agency, a government-issued photographic identification card, and any one of the following as determined by the legal owner or the legal owner’s agent: a certificate of repossession for the vehicle, a security agreement for the vehicle, or title, whether or not paperless or electronic, showing proof of legal ownership for the vehicle. Any documents presented may be originals, photocopies, or facsimile copies or may be transmitted electronically. The law enforcement agency, impounding agency, or other governmental agency, or any person acting on behalf of those agencies, shall not require any documents to be notarized. The law enforcement agency, impounding agency, or any person acting on behalf of those agencies may require the agent of the legal owner to produce a photocopy or facsimile copy of its repossession agency license or registration issued pursuant to Chapter 11 (commencing with Section 7500) of Division 3 of the Business and Professions Code, or to demonstrate, to the satisfaction of the law enforcement agency, impounding agency, or any person acting on behalf of those agencies that the agent is exempt from licensure pursuant to Section 7500.2 or 7500.3 of the Business and Professions Code.
(2) Administrative costs authorized under subdivision (a) of Section 22850.5 shall not be charged to the legal owner of the type specified in paragraph (1) of subdivision (i) who redeems the vehicle unless the legal owner voluntarily requests a poststorage hearing. A city, county, city and county, or state agency shall not require a legal owner or a legal owner’s agent to request a poststorage hearing as a requirement for release of the vehicle to the legal owner or the legal owner’s agent. The law enforcement agency, impounding agency, or other governmental agency, or any person acting on behalf of those agencies, shall not require any documents other than those specified in this paragraph. The legal owner or the legal owner’s agent shall be given a copy of any documents he or she is required to sign, except for a vehicle evidentiary hold log book. The law enforcement agency, impounding agency, or any person acting on behalf of those agencies, or any person in possession of the vehicle, may photocopy and retain the copies of any documents presented by the legal owner or legal owner’s agent. The legal owner shall indemnify and hold harmless a storage facility from any claims arising out of the release of the vehicle to the legal owner or the legal owner’s agent and from any damage to the vehicle after its release, including the reasonable costs associated with defending those claims.
(l) A legal owner, who meets the requirements for release of a vehicle pursuant to subdivision (i), or the legal owner’s agent, shall not be required to request a poststorage hearing as a requirement for release of the vehicle to the legal owner or the legal owner’s agent.
(m) (1) A legal owner, who meets the requirements for release of a vehicle pursuant to subdivision (i), or the legal owner’s agent, shall not release the vehicle to the registered owner of the vehicle or an agent of the registered owner, unless the registered owner is a rental car agency, until after the termination of the impoundment period.
(2) Prior to relinquishing the vehicle, the legal owner may require the registered owner to pay all towing and storage charges related to the seizure and impoundment.
(n) (1) A vehicle removed and seized pursuant to this section shall be released to a rental car agency prior to the end of the impoundment period if the agency is either the legal owner or registered owner of the vehicle and the agency pays all towing and storage fees related to the seizure and impoundment of the vehicle.
(2) The owner of a rental vehicle that was seized pursuant to this section may continue to rent the vehicle upon recovery of the vehicle.
(3) The rental car agency may require the person to whom the vehicle was rented to pay all towing and storage charges related to the seizure and impoundment. | Existing law authorizes a city, county, or city and county to adopt an ordinance declaring a motor vehicle to be a nuisance subject to an impoundment period of up to 30 days when the motor vehicle is involved in the commission of any one or more of specified crimes related to prostitution or illegal dumping of commercial quantities of waste matter upon a public or private highway or road if the owner or operator of the vehicle has had a prior conviction for the same offense within the past 3 years. Existing law requires the ordinance to include specified provisions related to notice, the payment of towing, storage, and administrative fees, the provision of a poststorage hearing, and the release of the impounded vehicle.
This bill would also provide that a vehicle used in the commission of a crime related to prostitution by a person buying or attempting to buy sexual services is a nuisance subject to an impoundment period of up to 30 days. The bill would impose the same procedures for impoundment, storage, and release of the vehicle as are provided under the ordinance-authorizing provisions described above, without the requirement that an ordinance be passed in order to authorize local authorities to make use of the impounding authority. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
Section 22659.7 is added to the Vehicle Code, to read:
22659.7.
Notwithstanding any other law, a motor vehicle is a public nuisance subject to seizure by a local law enforcement agency and an impoundment period of up to 30 days when the motor vehicle is used in the commission or attempted commission of a violation of subdivision (b) of Section 647 of the Penal Code by a person buying or attempting to buy sexual services if the owner or operator of the vehicle has had a prior conviction for the same offense within the past three years. The vehicle may only be impounded pursuant to a valid arrest by a local law enforcement agency of the driver for a violation of subdivision (b) of Section 647 of the Penal Code for buying or attempting to buy sexual services. The following procedures shall apply:
(a) Within two working days after impoundment, the impounding agency shall send a notice by certified mail, return receipt requested, to the legal owner of the vehicle, at the address obtained from the department, informing the owner that the vehicle has been impounded. The notice shall also include notice of the opportunity for a poststorage hearing to determine the validity of the storage or to determine mitigating circumstances establishing that the vehicle should be released. The impounding agency shall be prohibited from charging for more than five days’ storage if the agency fails to notify the legal owner within two working days after the impoundment when the legal owner redeems the impounded vehicle. The impounding agency shall maintain a published telephone number that provides information 24 hours a day regarding the impoundment of vehicles and the rights of a legal owner and a registered owner to request a hearing. The notice shall include all of the following information:
(1) The name, address, and telephone number of the agency providing the notice.
(2) The location of the place of storage and description of the vehicle that shall include, if available, the model or make, the manufacturer, the license plate number, and the mileage.
(3) The authority and purpose for the removal of the vehicle.
(4) A statement that, in order to receive a poststorage hearing, the owners, or their agents, shall request the hearing in person, writing, or by telephone within 10 calendar days of the date appearing on the notice.
(b) The poststorage hearing shall be conducted within 48 hours of the request, excluding weekends and holidays. The public agency may authorize one of its own officers or employees to conduct the hearing if that hearing officer is not the same person who directed the seizure of the vehicle or who arrested the defendant.
(c) Failure of the legal and the registered owners, or their agents, to request or to attend a scheduled hearing shall satisfy the poststorage hearing requirement.
(d) The agency employing the person who directed the storage of the vehicle shall be responsible for the costs incurred for towing and storage if it is determined in the poststorage hearing that reasonable grounds for the storage are not established.
(e) Any period during which a vehicle is subjected to storage pursuant to this section shall be included as part of the period of impoundment.
(f) The impounding agency shall release the vehicle to the registered owner or his or her agent prior to the end of the impoundment period under any of the following circumstances:
(1) The driver of the impounded vehicle was arrested without probable cause.
(2) The vehicle is a stolen vehicle.
(3) The vehicle is subject to bailment and was driven by an unlicensed driver employed by a business establishment, including a parking service or repair garage.
(4) The driver of the vehicle is not the sole registered owner of the vehicle and the vehicle is being released to another registered owner of the vehicle who agrees not to allow the driver to use the vehicle until after the end of the impoundment period.
(5) The registered owner of the vehicle was neither the driver nor a passenger of the vehicle at the time of the alleged violation or was unaware that the driver was using the vehicle to engage in activities subject to subdivision (b) of Section 647 of the Penal Code.
(6) A spouse, registered domestic partner, or other affected third party objects to the impoundment of the vehicle on the grounds that impounding the vehicle would create a hardship because the subject vehicle is the sole vehicle in a household. The hearing officer shall release the vehicle where the hardship to a spouse, registered domestic partner, or other affected third party created by the impoundment of the subject vehicle, or the length of the impoundment, outweigh the seriousness and the severity of the act in which the vehicle was used.
(g) Notwithstanding any other law, if a motor vehicle is released prior to the conclusion of the impoundment period because the driver was arrested without probable cause, neither the arrested person nor the registered owner of the motor vehicle shall be responsible for the towing and storage charges.
(h) Except as provided in subdivision (g), the registered owner or his or her agent shall be responsible for all towing and storage charges related to the impoundment.
(i) A vehicle removed and seized pursuant to this section shall be released to the legal owner of the vehicle or the legal owner’s agent prior to the end of the impoundment period if both of the following conditions are met:
(1) The legal owner is a motor vehicle dealer, bank, credit union, acceptance corporation, or other licensed financial institution legally operating in this state or is another person who is not the registered owner and holds a security interest in the vehicle.
(2) The legal owner or the legal owner’s agent pays all towing and storage fees related to the seizure and impoundment of the vehicle.
(j) (1) No lien sale processing fees shall be charged to the legal owner who redeems the vehicle prior to the 15th day of the impoundment period. Neither the impounding authority nor any person having possession of the vehicle shall collect from the legal owner, as described in paragraph (1) of subdivision (i), or the legal owner’s agent, any administrative charges imposed pursuant to Section 22850.5 unless the legal owner voluntarily requested a poststorage hearing.
(2) A person operating or in charge of a storage facility where vehicles are stored pursuant to this section shall accept a valid bank credit card, debit card, or cash for payment of towing, storage, and related fees by a legal or registered owner or the owner’s agent claiming the vehicle. A credit card or debit card shall be in the name of the person presenting the card. For purposes of this section, “credit card” is as defined in subdivision (a) of Section 1747.02 of the Civil Code. A credit card does not include a credit card issued by a retail seller.
(3) A person operating or in charge of a storage facility described in paragraph (2) who violates paragraph (2) shall be civilly liable to the owner of the vehicle or the person who tendered the fees for four times the amount of the towing, storage, and related fees, not to exceed five hundred dollars ($500).
(4) A person operating or in charge of the storage facility described in paragraph (2) shall have sufficient funds on the premises of the primary storage facility during normal business hours to accommodate, and make change for, a reasonable monetary transaction.
(5) Credit charges for towing and storage services shall comply with Section 1748.1 of the Civil Code. Law enforcement agencies may include the costs of providing for payment by credit when making agreements with towing companies on rates.
(6) A failure by a storage facility to comply with any applicable conditions set forth in this subdivision shall not affect the right of the legal owner or the legal owner’s agent to retrieve the vehicle if all conditions required of the legal owner or legal owner’s agent under this subdivision are satisfied.
(k) (1) The legal owner or the legal owner’s agent shall present to the law enforcement agency, impounding agency, person in possession of the vehicle, or any person acting on behalf of those agencies, a copy of the assignment, as defined in subdivision (b) of Section 7500.1 of the Business and Professions Code, a release from the one responsible governmental agency, only if required by the agency, a government-issued photographic identification card, and any one of the following as determined by the legal owner or the legal owner’s agent: a certificate of repossession for the vehicle, a security agreement for the vehicle, or title, whether or not paperless or electronic, showing proof of legal ownership for the vehicle. Any documents presented may be originals, photocopies, or facsimile copies or may be transmitted electronically. The law enforcement agency, impounding agency, or other governmental agency, or any person acting on behalf of those agencies, shall not require any documents to be notarized. The law enforcement agency, impounding agency, or any person acting on behalf of those agencies may require the agent of the legal owner to produce a photocopy or facsimile copy of its repossession agency license or registration issued pursuant to Chapter 11 (commencing with Section 7500) of Division 3 of the Business and Professions Code, or to demonstrate, to the satisfaction of the law enforcement agency, impounding agency, or any person acting on behalf of those agencies that the agent is exempt from licensure pursuant to Section 7500.2 or 7500.3 of the Business and Professions Code.
(2) Administrative costs authorized under subdivision (a) of Section 22850.5 shall not be charged to the legal owner of the type specified in paragraph (1) of subdivision (i) who redeems the vehicle unless the legal owner voluntarily requests a poststorage hearing. A city, county, city and county, or state agency shall not require a legal owner or a legal owner’s agent to request a poststorage hearing as a requirement for release of the vehicle to the legal owner or the legal owner’s agent. The law enforcement agency, impounding agency, or other governmental agency, or any person acting on behalf of those agencies, shall not require any documents other than those specified in this paragraph. The legal owner or the legal owner’s agent shall be given a copy of any documents he or she is required to sign, except for a vehicle evidentiary hold log book. The law enforcement agency, impounding agency, or any person acting on behalf of those agencies, or any person in possession of the vehicle, may photocopy and retain the copies of any documents presented by the legal owner or legal owner’s agent. The legal owner shall indemnify and hold harmless a storage facility from any claims arising out of the release of the vehicle to the legal owner or the legal owner’s agent and from any damage to the vehicle after its release, including the reasonable costs associated with defending those claims.
(l) A legal owner, who meets the requirements for release of a vehicle pursuant to subdivision (i), or the legal owner’s agent, shall not be required to request a poststorage hearing as a requirement for release of the vehicle to the legal owner or the legal owner’s agent.
(m) (1) A legal owner, who meets the requirements for release of a vehicle pursuant to subdivision (i), or the legal owner’s agent, shall not release the vehicle to the registered owner of the vehicle or an agent of the registered owner, unless the registered owner is a rental car agency, until after the termination of the impoundment period.
(2) Prior to relinquishing the vehicle, the legal owner may require the registered owner to pay all towing and storage charges related to the seizure and impoundment.
(n) (1) A vehicle removed and seized pursuant to this section shall be released to a rental car agency prior to the end of the impoundment period if the agency is either the legal owner or registered owner of the vehicle and the agency pays all towing and storage fees related to the seizure and impoundment of the vehicle.
(2) The owner of a rental vehicle that was seized pursuant to this section may continue to rent the vehicle upon recovery of the vehicle.
(3) The rental car agency may require the person to whom the vehicle was rented to pay all towing and storage charges related to the seizure and impoundment.
### Summary:
This bill would add Section 22659.7 to the Vehicle Code, to authorize the impoundment of a motor vehicle for 30 days |
The people of the State of California do enact as follows:
SECTION 1.
It is the intent of the Legislature that the state fully cooperate with the Federal Aviation Administration regarding the appropriate division of responsibility for the regulation of unmanned aircraft systems between the federal and state governments so that the state may reserve and fully exercise any and all appropriate authority pursuant to federal laws as they exist in their current form and as they may be further amended hereafter.
SEC. 2.
Section 1746 is added to the Fish and Game Code, to read:
1746.
(a) It shall be unlawful for any person to operate an unmanned aircraft system in, or fly an unmanned aircraft system over, the department’s managed lands or waters, except as authorized by the department, or unless otherwise exempted from this section.
(b) The prohibition in subdivision (a) does not apply to the operation of an unmanned aircraft system by a state agency within or over department-managed lands or waters, or to any person whom the Federal Aviation Administration, whether by permit, license, rule, or regulation, authorizes to operate an unmanned aircraft system for a commercial purpose and that is operated in a manner that complies with that authorization and the applicable regulations of the commission.
(c) The prohibition in subdivision (a) does not apply to legitimate news-gathering activity by a person described in Section 1070 of the Evidence Code.
(d) The commission may draft regulations consistent with this section and the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). In drafting the regulations, the commission shall maintain the authority to limit or revoke approved requests for the use of an unmanned aircraft system due to changing natural conditions or land management requirements.
(e) In reviewing a request to authorize the use of an unmanned aircraft system the department may, and in drafting the regulations authorized pursuant to subdivision (d), the commission may, consider any of the following:
(1) Protection of wildlife and visitors from harassment or disturbance.
(2) Harm to sensitive species, including those listed as threatened or endangered or that have other protected status.
(3) Disruption to wildlife at times of the year when incidents may have adverse effects, including, but not limited to, nesting, breeding, gestation, and migration seasons.
(4) The natural, cultural, and historic value of the department-managed lands.
(5) The purpose of the department-managed lands.
(6) Operation of an unmanned aircraft system in a careless or reckless manner, including an operator’s failure to adhere to visual line-of-sight practices.
(7) De minimis access by adjacent landowners for bona fide agricultural purposes.
(8) The appropriate use of unmanned aircraft systems for conservation and scientific research purposes.
(9) Authorization for pursuit and take for depredation purposes pursuant to Sections 3003.5 and 4181.
(10) Other special purposes as approved by the department.
(f) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
SEC. 3.
Section 2001.5 is added to the Fish and Game Code, to read:
2001.5.
It shall be unlawful to use an unmanned aircraft system to take, or assist in the take of, fish or wildlife for sport purposes, including, but not limited to, the use of unmanned aircraft systems for scouting purposes.
SEC. 4.
Section 3003.5 of the Fish and Game Code is amended to read:
3003.5.
It is unlawful to pursue, drive, or herd any bird or mammal with any motorized water, land, or air vehicle, including, but not limited to, a motor vehicle, airplane, unmanned aircraft system, powerboat, or snowmobile, except in any of the following circumstances:
(a) On private property by the landowner or tenant thereof to haze birds or mammals for the purpose of preventing damage by that wildlife to private property.
(b) Pursuant to a permit from the department issued under regulations as the commission may prescribe. With respect to unmanned aircraft systems, this subdivision shall include a lawful depredation permit issued by the department, notice to the department of the intended use of an unmanned aircraft system, approval from the department, and notice to the landowner.
(c) In the pursuit of agriculture.
SEC. 5.
Article 4 (commencing with Section 5085) is added to Chapter 1.2 of Division 5 of the Public Resources Code, to read:
Article 4. Unmanned Aircraft Systems
5085.
(a) It shall be unlawful for any person to operate an unmanned aircraft system in, or fly an unmanned aircraft system over, Department of Parks and Recreation managed lands or waters, except as authorized by the department, or unless otherwise exempted from this article.
(b) The prohibition in subdivision (a) does not apply to the operation of an unmanned aircraft system by a state agency within or over department-managed lands or waters, or to any person whom the Federal Aviation Administration, whether by permit, license, rule, or regulation, authorizes to operate an unmanned aircraft system for a commercial purpose and that is operated in a manner that complies with that authorization and the applicable regulations of the department.
(c) The prohibition in subdivision (a) does not apply to legitimate news-gathering activity by a person described in Section 1070 of the Evidence Code.
(d) The department may draft regulations consistent with this section and the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). In drafting the regulations, the department shall maintain the authority to limit or revoke approved requests for the use of an unmanned aircraft system due to changing natural conditions or land management requirements.
(e) In reviewing a request to use an unmanned aircraft system or in drafting the regulations authorized pursuant to subdivision (d), the department may consider any of the following:
(1) Protection of wildlife and visitors from harassment or disturbance.
(2) Harm to sensitive species, including those listed as threatened or endangered or that have other protected status.
(3) Disruption to wildlife at times of the year when incidents may have adverse effects, including, but not limited to, nesting, breeding, gestation, and migration seasons.
(4) The natural, cultural, and historic value of the department-managed lands.
(5) The purpose of the department-managed lands.
(6) Operation of an unmanned aircraft system in a careless or reckless manner, including an operator’s failure to adhere to visual line-of-sight practices.
(7) De minimis access by adjacent landowners for bona fide agricultural purposes.
(8) The appropriate use of unmanned aircraft systems for conservation and scientific research purposes.
(9) Other special purposes as approved by the department.
(f) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
SEC. 6.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. | Existing federal law, the Federal Aviation Administration Modernization and Reform Act of 2012, provides for the integration of civil and public unmanned aircraft systems, commonly known as drones, into the national airspace system. Existing law establishes both the Department of Fish and Wildlife and the Department of Parks and Recreation in the Natural Resources Agency. A violation of any rule or regulation made or adopted by the Department of Fish and Wildlife pursuant to the Fish and Game Code is a misdemeanor. A violation of the rules and regulations established by the Department of Parks and Recreation to protect the state park system is punishable as either a misdemeanor or an infraction.
This bill would make it unlawful for any person to operate an unmanned aircraft system in, or fly an unmanned aircraft system over, lands or waters managed by the Department of Fish and Wildlife and Department of Parks and Recreation, except as authorized or unless exempted from this prohibition. The bill would authorize the consideration of certain factors when reviewing a request for authorization for the use of an unmanned aircraft system.
The bill would also make it unlawful to use an unmanned aircraft system to take, or assist in the take of, fish or wildlife for sport purposes, including, but not limited to, the use of unmanned aircraft systems for scouting purposes. The bill would provide that an unmanned aircraft system is a motorized air vehicle within the meaning of a certain existing prohibition and, thus, under that prohibition may not be used to pursue, drive, or herd any bird or mammal, except as specified, including, among other things, specified permits and notices.
Because violations of the provisions of the bill would be crimes, the bill would impose a state-mandated local program.
The bill would provide that certain of its provisions are severable and do not apply to the operation of an unmanned aircraft system by a state agency within or over these managed lands or waters, or to any person whom the Federal Aviation Administration authorizes to operate an unmanned aircraft system for a commercial purpose and who operates it in a manner that complies with that authorization.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
It is the intent of the Legislature that the state fully cooperate with the Federal Aviation Administration regarding the appropriate division of responsibility for the regulation of unmanned aircraft systems between the federal and state governments so that the state may reserve and fully exercise any and all appropriate authority pursuant to federal laws as they exist in their current form and as they may be further amended hereafter.
SEC. 2.
Section 1746 is added to the Fish and Game Code, to read:
1746.
(a) It shall be unlawful for any person to operate an unmanned aircraft system in, or fly an unmanned aircraft system over, the department’s managed lands or waters, except as authorized by the department, or unless otherwise exempted from this section.
(b) The prohibition in subdivision (a) does not apply to the operation of an unmanned aircraft system by a state agency within or over department-managed lands or waters, or to any person whom the Federal Aviation Administration, whether by permit, license, rule, or regulation, authorizes to operate an unmanned aircraft system for a commercial purpose and that is operated in a manner that complies with that authorization and the applicable regulations of the commission.
(c) The prohibition in subdivision (a) does not apply to legitimate news-gathering activity by a person described in Section 1070 of the Evidence Code.
(d) The commission may draft regulations consistent with this section and the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). In drafting the regulations, the commission shall maintain the authority to limit or revoke approved requests for the use of an unmanned aircraft system due to changing natural conditions or land management requirements.
(e) In reviewing a request to authorize the use of an unmanned aircraft system the department may, and in drafting the regulations authorized pursuant to subdivision (d), the commission may, consider any of the following:
(1) Protection of wildlife and visitors from harassment or disturbance.
(2) Harm to sensitive species, including those listed as threatened or endangered or that have other protected status.
(3) Disruption to wildlife at times of the year when incidents may have adverse effects, including, but not limited to, nesting, breeding, gestation, and migration seasons.
(4) The natural, cultural, and historic value of the department-managed lands.
(5) The purpose of the department-managed lands.
(6) Operation of an unmanned aircraft system in a careless or reckless manner, including an operator’s failure to adhere to visual line-of-sight practices.
(7) De minimis access by adjacent landowners for bona fide agricultural purposes.
(8) The appropriate use of unmanned aircraft systems for conservation and scientific research purposes.
(9) Authorization for pursuit and take for depredation purposes pursuant to Sections 3003.5 and 4181.
(10) Other special purposes as approved by the department.
(f) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
SEC. 3.
Section 2001.5 is added to the Fish and Game Code, to read:
2001.5.
It shall be unlawful to use an unmanned aircraft system to take, or assist in the take of, fish or wildlife for sport purposes, including, but not limited to, the use of unmanned aircraft systems for scouting purposes.
SEC. 4.
Section 3003.5 of the Fish and Game Code is amended to read:
3003.5.
It is unlawful to pursue, drive, or herd any bird or mammal with any motorized water, land, or air vehicle, including, but not limited to, a motor vehicle, airplane, unmanned aircraft system, powerboat, or snowmobile, except in any of the following circumstances:
(a) On private property by the landowner or tenant thereof to haze birds or mammals for the purpose of preventing damage by that wildlife to private property.
(b) Pursuant to a permit from the department issued under regulations as the commission may prescribe. With respect to unmanned aircraft systems, this subdivision shall include a lawful depredation permit issued by the department, notice to the department of the intended use of an unmanned aircraft system, approval from the department, and notice to the landowner.
(c) In the pursuit of agriculture.
SEC. 5.
Article 4 (commencing with Section 5085) is added to Chapter 1.2 of Division 5 of the Public Resources Code, to read:
Article 4. Unmanned Aircraft Systems
5085.
(a) It shall be unlawful for any person to operate an unmanned aircraft system in, or fly an unmanned aircraft system over, Department of Parks and Recreation managed lands or waters, except as authorized by the department, or unless otherwise exempted from this article.
(b) The prohibition in subdivision (a) does not apply to the operation of an unmanned aircraft system by a state agency within or over department-managed lands or waters, or to any person whom the Federal Aviation Administration, whether by permit, license, rule, or regulation, authorizes to operate an unmanned aircraft system for a commercial purpose and that is operated in a manner that complies with that authorization and the applicable regulations of the department.
(c) The prohibition in subdivision (a) does not apply to legitimate news-gathering activity by a person described in Section 1070 of the Evidence Code.
(d) The department may draft regulations consistent with this section and the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). In drafting the regulations, the department shall maintain the authority to limit or revoke approved requests for the use of an unmanned aircraft system due to changing natural conditions or land management requirements.
(e) In reviewing a request to use an unmanned aircraft system or in drafting the regulations authorized pursuant to subdivision (d), the department may consider any of the following:
(1) Protection of wildlife and visitors from harassment or disturbance.
(2) Harm to sensitive species, including those listed as threatened or endangered or that have other protected status.
(3) Disruption to wildlife at times of the year when incidents may have adverse effects, including, but not limited to, nesting, breeding, gestation, and migration seasons.
(4) The natural, cultural, and historic value of the department-managed lands.
(5) The purpose of the department-managed lands.
(6) Operation of an unmanned aircraft system in a careless or reckless manner, including an operator’s failure to adhere to visual line-of-sight practices.
(7) De minimis access by adjacent landowners for bona fide agricultural purposes.
(8) The appropriate use of unmanned aircraft systems for conservation and scientific research purposes.
(9) Other special purposes as approved by the department.
(f) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
SEC. 6.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
### Summary:
<bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos> |
The people of the State of California do enact as follows:
SECTION 1.
Section 11450 of the Welfare and Institutions Code is amended to read:
11450.
(a) (1) (A) Aid shall be paid for each needy family, which shall include all eligible brothers and sisters of each eligible applicant or recipient child and the parents of the children, but shall not include unborn children, or recipients of aid under Chapter 3 (commencing with Section 12000), qualified for aid under this chapter. In determining the amount of aid paid, and notwithstanding the minimum basic standards of adequate care specified in Section 11452, the family’s income, exclusive of any amounts considered exempt as income or paid pursuant to subdivision (e) or Section 11453.1, determined for the prospective semiannual period pursuant to Sections 11265.1, 11265.2, and 11265.3, and then calculated pursuant to Section 11451.5, shall be deducted from the sum specified in the following table, as adjusted for cost-of-living increases pursuant to Section 11453 and paragraph (2). In no case shall the amount of aid paid for each month exceed the sum specified in the following table, as adjusted for cost-of-living increases pursuant to Section 11453 and paragraph (2), plus any special needs, as specified in subdivisions (c), (e), and (f):
Number of
eligible needy
persons in
the same home
Maximum
aid
1 ........................
$ 326
2 ........................
535
3 ........................
663
4 ........................
788
5 ........................
899
6 ........................
1,010
7 ........................
1,109
8 ........................
1,209
9 ........................
1,306
10 or more ........................
1,403
(B) If, when, and during those times that the United States government increases or decreases its contributions in assistance of needy children in this state above or below the amount paid on July 1, 1972, the amounts specified in the above table shall be increased or decreased by an amount equal to that increase or decrease by the United States government, provided that no increase or decrease shall be subject to subsequent adjustment pursuant to Section 11453.
(2) The sums specified in paragraph (1) shall not be adjusted for cost of living for the 1990–91, 1991–92, 1992–93, 1993–94, 1994–95, 1995–96, 1996–97, and 1997–98 fiscal years, and through October 31, 1998, nor shall that amount be included in the base for calculating any cost-of-living increases for any fiscal year thereafter. Elimination of the cost-of-living adjustment pursuant to this paragraph shall satisfy the requirements of former Section 11453.05, and no further reduction shall be made pursuant to that section.
(b) (1) When the family does not include a needy child qualified for aid under this chapter, aid shall be paid to a pregnant child who is 18 years of age or younger at any time after verification of pregnancy, in the amount that would otherwise be paid to one person, as specified in subdivision (a), if the child and her child, if born, would have qualified for aid under this chapter. Verification of pregnancy shall be required as a condition of eligibility for aid under this subdivision.
(2) Notwithstanding paragraph (1), when the family does not include a needy child qualified for aid under this chapter, aid shall be paid to a pregnant woman for the month in which the birth is anticipated and for the six-month period immediately prior to the month in which the birth is anticipated, in the amount that would otherwise be paid to one person, as specified in subdivision (a), if the woman and child, if born, would have qualified for aid under this chapter. Verification of pregnancy shall be required as a condition of eligibility for aid under this subdivision.
(3) Paragraph (1) shall apply only when the Cal-Learn Program is operative.
(c) The amount of forty-seven dollars ($47) per month shall be paid to pregnant women qualified for aid under subdivision (a) or (b) to meet special needs resulting from pregnancy if the woman and child, if born, would have qualified for aid under this chapter. County welfare departments shall refer all recipients of aid under this subdivision to a local provider of the Women, Infants, and Children program. If that payment to pregnant women qualified for aid under subdivision (a) is considered income under federal law in the first five months of pregnancy, payments under this subdivision shall not apply to persons eligible under subdivision (a), except for the month in which birth is anticipated and for the three-month period immediately prior to the month in which delivery is anticipated, if the woman and child, if born, would have qualified for aid under this chapter.
(d) For children receiving AFDC-FC under this chapter, there shall be paid, exclusive of any amount considered exempt as income, an amount of aid each month that, when added to the child’s income, is equal to the rate specified in Section 11460, 11461, 11462, 11462.1, or 11463. In addition, the child shall be eligible for special needs, as specified in departmental regulations.
(e) (1) In addition to the amounts payable under subdivision (a) and Section 11453.1, a family shall be entitled to receive an allowance for recurring special needs not common to a majority of recipients. These recurring special needs shall include, but not be limited to, food preparation needs and unusual costs of transportation, laundry, housekeeping services, telephone, and utilities. The recurring special needs allowance for each family per month shall not exceed that amount resulting from multiplying the sum of ten dollars ($10) by the number of recipients in the family who are eligible for assistance.
(2) Each recipient is entitled to a special, diet-related food needs allowance of twenty dollars ($20) per month, or actual verified expenses related to the special, diet-related food needs, whichever is greater. The allowance shall be provided in the form of a supplemental food benefit upon a county’s receipt of verification that a recipient has a special dietary need caused by a permanent or temporary medical condition, other than pregnancy. This verification shall be signed by a licensed physician, dentist,
dietician, nutritionist, or
physician’s assistant, or nurse practitioner who has examined the patient, or
other qualified health
practitioner.
care provider to whom the recipient has been referred. For verifications signed by a health care provider as a result of a referral, the verification also shall include the name and address of the referring provider.
(f) After a family has used all available liquid resources, both exempt and nonexempt, in excess of one hundred dollars ($100), with the exception of funds deposited in a restricted account described in subdivision (a) of Section 11155.2, the family shall also be entitled to receive an allowance for nonrecurring special needs.
(1) An allowance for nonrecurring special needs shall be granted for replacement of clothing and household equipment and for emergency housing needs other than those needs addressed by paragraph (2). These needs shall be caused by sudden and unusual circumstances beyond the control of the needy family. The department shall establish the allowance for each of the nonrecurring special needs items. The sum of all nonrecurring special needs provided by this subdivision shall not exceed six hundred dollars ($600) per event.
(2) (A) Homeless assistance is available to a homeless family seeking shelter when the family is eligible for aid under this chapter. Homeless assistance for temporary shelter is also available to homeless families that are apparently eligible for aid under this chapter. Apparent eligibility exists when evidence presented by the applicant, or that is otherwise available to the county welfare department, and the information provided on the application documents indicate that there would be eligibility for aid under this chapter if the evidence and information were verified. However, an alien applicant who does not provide verification of his or her eligible alien status, or a woman with no eligible children who does not provide medical verification of pregnancy, is not apparently eligible for purposes of this section.
(B) A family is considered homeless, for the purpose of this section, when the family lacks a fixed and regular nighttime residence; or the family has a primary nighttime residence that is a supervised publicly or privately operated shelter designed to provide temporary living accommodations; or the family is residing in a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings. A family is also considered homeless for the purpose of this section if the family has received a notice to pay rent or quit. The family shall demonstrate that the eviction is the result of a verified financial hardship as a result of extraordinary circumstances beyond their control, and not other lease or rental violations, and that the family is experiencing a financial crisis that could result in homelessness if preventative assistance is not provided.
(3) (A) (i) A nonrecurring special needs benefit of sixty-five dollars ($65) a day shall be available to families of up to four members for the costs of temporary shelter, subject to the requirements of this paragraph. The fifth and additional members of the family shall each receive fifteen dollars ($15) per day, up to a daily maximum of one hundred twenty-five dollars ($125). County welfare departments may increase the daily amount available for temporary shelter as necessary to secure the additional bedspace needed by the family.
(ii) This special needs benefit shall be granted or denied immediately upon the family’s application for homeless assistance, and benefits shall be available for up to three working days. The county welfare department shall verify the family’s homelessness within the first three working days and, if the family meets the criteria of questionable homelessness established by the department, the county welfare department shall refer the family to its early fraud prevention and detection unit, if the county has such a unit, for assistance in the verification of homelessness within this period.
(iii) After homelessness has been verified, the three-day limit shall be extended for a period of time which, when added to the initial benefits provided, does not exceed a total of 16 calendar days. This extension of benefits shall be done in increments of one week and shall be based upon searching for permanent housing which shall be documented on a housing search form, good cause, or other circumstances defined by the department. Documentation of a housing search shall be required for the initial extension of benefits beyond the three-day limit and on a weekly basis thereafter as long as the family is receiving temporary shelter benefits. Good cause shall include, but is not limited to, situations in which the county welfare department has determined that the family, to the extent it is capable, has made a good faith but unsuccessful effort to secure permanent housing while receiving temporary shelter benefits.
(B) (i) A nonrecurring special needs benefit for permanent housing assistance is available to pay for last month’s rent and security deposits when these payments are reasonable conditions of securing a residence, or to pay for up to two months of rent arrearages, when these payments are a reasonable condition of preventing eviction.
(ii) The last month’s rent or monthly arrearage portion of the payment (I) shall not exceed 80 percent of the family’s total monthly household income without the value of CalFresh benefits or special needs benefit for a family of that size and (II) shall only be made to families that have found permanent housing costing no more than 80 percent of the family’s total monthly household income without the value of CalFresh benefits or special needs benefit for a family of that size.
(iii) However, if the county welfare department determines that a family intends to reside with individuals who will be sharing housing costs, the county welfare department shall, in appropriate circumstances, set aside the condition specified in subclause (II) of clause (ii).
(C) The nonrecurring special needs benefit for permanent housing assistance is also available to cover the standard costs of deposits for utilities which are necessary for the health and safety of the family.
(D) A payment for or denial of permanent housing assistance shall be issued no later than one working day from the time that a family presents evidence of the availability of permanent housing. If an applicant family provides evidence of the availability of permanent housing before the county welfare department has established eligibility for aid under this chapter, the county welfare department shall complete the eligibility determination so that the denial of or payment for permanent housing assistance is issued within one working day from the submission of evidence of the availability of permanent housing, unless the family has failed to provide all of the verification necessary to establish eligibility for aid under this chapter.
(E) (i) Except as provided in clauses (ii) and (iii), eligibility for the temporary shelter assistance and the permanent housing assistance pursuant to this paragraph shall be limited to one period of up to 16 consecutive calendar days of temporary assistance and one payment of permanent assistance. Any family that includes a parent or nonparent caretaker relative living in the home who has previously received temporary or permanent homeless assistance at any time on behalf of an eligible child shall not be eligible for further homeless assistance. Any person who applies for homeless assistance benefits shall be informed that the temporary shelter benefit of up to 16 consecutive days is available only once in a lifetime, with certain exceptions, and that a break in the consecutive use of the benefit constitutes permanent exhaustion of the temporary benefit.
(ii) A family that becomes homeless as a direct and primary result of a state or federally declared natural disaster shall be eligible for temporary and permanent homeless assistance.
(iii) A family shall be eligible for temporary and permanent homeless assistance when homelessness is a direct result of domestic violence by a spouse, partner, or roommate; physical or mental illness that is medically verified that shall not include a diagnosis of alcoholism, drug addiction, or psychological stress; or, the uninhabitability of the former residence caused by sudden and unusual circumstances beyond the control of the family including natural catastrophe, fire, or condemnation. These circumstances shall be verified by a third-party governmental or private health and human services agency, except that domestic violence may also be verified by a sworn statement by the victim, as provided under Section 11495.25. Homeless assistance payments based on these specific circumstances may not be received more often than once in any 12-month period. In addition, if the domestic violence is verified by a sworn statement by the victim, the homeless assistance payments shall be limited to two periods of not more than 16 consecutive calendar days of temporary assistance and two payments of permanent assistance. A county may require that a recipient of homeless assistance benefits who qualifies under this paragraph for a second time in a 24-month period participate in a homelessness avoidance case plan as a condition of eligibility for homeless assistance benefits. The county welfare department shall immediately inform recipients who verify domestic violence by a sworn statement of the availability of domestic violence counseling and services, and refer those recipients to services upon request.
(iv) If a county requires a recipient who verifies domestic violence by a sworn statement to participate in a homelessness avoidance case plan pursuant to clause (iii), the plan shall include the provision of domestic violence services, if appropriate.
(v) If a recipient seeking homeless assistance based on domestic violence pursuant to clause (iii) has previously received homeless avoidance services based on domestic violence, the county shall review whether services were offered to the recipient and consider what additional services would assist the recipient in leaving the domestic violence situation.
(vi) The county welfare department shall report necessary data to the department through a statewide homeless assistance payment indicator system, as requested by the department, regarding all recipients of aid under this paragraph.
(F) The county welfare departments, and all other entities participating in the costs of the CalWORKs program, have the right in their share to any refunds resulting from payment of the permanent housing. However, if an emergency requires the family to move within the 12-month period specified in subparagraph (E), the family shall be allowed to use any refunds received from its deposits to meet the costs of moving to another residence.
(G) Payments to providers for temporary shelter and permanent housing and utilities shall be made on behalf of families requesting these payments.
(H) The daily amount for the temporary shelter special needs benefit for homeless assistance may be increased if authorized by the current year’s Budget Act by specifying a different daily allowance and appropriating the funds therefor.
(I) No payment shall be made pursuant to this paragraph unless the provider of housing is a commercial establishment, shelter, or person in the business of renting properties who has a history of renting properties.
(g) The department shall establish rules and regulations ensuring the uniform statewide application of this section.
(h) The department shall notify all applicants and recipients of aid through the standardized application form that these benefits are available and shall provide an opportunity for recipients to apply for the funds quickly and efficiently.
(i)
(A)
(1)
Except for the purposes of Section 15200, the amounts payable to recipients pursuant to Section 11453.1 shall not constitute part of the payment schedule set forth in subdivision (a).
(B)
(2)
The amounts payable to recipients pursuant to Section 11453.1 shall not constitute income to recipients of aid under this section.
(j) For children receiving Kin-GAP pursuant to Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385) there shall be paid, exclusive of any amount considered exempt as income, an amount of aid each month, which, when added to the child’s income, is equal to the rate specified in Sections 11364 and 11387.
(k) (1) A county shall implement the semiannual reporting requirements in accordance with Chapter 501 of the Statutes of 2011 no later than October 1, 2013.
(2) Upon completion of the implementation described in paragraph (1), each county shall provide a certificate to the director certifying that semiannual reporting has been implemented in the county.
(3) Upon filing the certificate described in paragraph (2), a county shall comply with the semiannual reporting provisions of this section.
SEC. 2.
No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for purposes of implementing this act.
SEC. 3.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | Existing law requires each county to provide cash assistance and other social services to needy families through the California Work Opportunity and Responsibility to Kids (CalWORKs) program using federal Temporary Assistance to Needy Families block grant program, state, and county funds. Existing law specifies the amounts of cash aid to be paid each month to CalWORKs recipients, including an allowance
of $10 for each eligible recipient
for recurring special needs,
as specified.
which includes special diets, upon the recommendation of a physician for conditions other than pregnancy, and unusual costs of transportation, laundry, housekeeping services, telephone, and utilities.
This bill would
include food preparation needs within the recurring special needs for which a recipient may receive the $10 monthly allowance. The bill would also
require that an additional allowance be paid each month in the amount of $20 or actual expenses, whichever is greater, to a recipient who has a special, diet-related food need caused by a permanent or temporary medical condition, other than pregnancy.
The bill would require the verification to be signed by a licensed physician, dentist, dietician, nutritionist, or other qualified health practitioner.
The bill would require verification of the recipient’s medical condition by a health care provider, as specified.
By increasing the administrative duties of counties administering the CalWORKs program, the bill would impose a state-mandated local program.
Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program.
This bill would instead provide that the continuous appropriation would not be made for purposes of implementing the bill.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
Section 11450 of the Welfare and Institutions Code is amended to read:
11450.
(a) (1) (A) Aid shall be paid for each needy family, which shall include all eligible brothers and sisters of each eligible applicant or recipient child and the parents of the children, but shall not include unborn children, or recipients of aid under Chapter 3 (commencing with Section 12000), qualified for aid under this chapter. In determining the amount of aid paid, and notwithstanding the minimum basic standards of adequate care specified in Section 11452, the family’s income, exclusive of any amounts considered exempt as income or paid pursuant to subdivision (e) or Section 11453.1, determined for the prospective semiannual period pursuant to Sections 11265.1, 11265.2, and 11265.3, and then calculated pursuant to Section 11451.5, shall be deducted from the sum specified in the following table, as adjusted for cost-of-living increases pursuant to Section 11453 and paragraph (2). In no case shall the amount of aid paid for each month exceed the sum specified in the following table, as adjusted for cost-of-living increases pursuant to Section 11453 and paragraph (2), plus any special needs, as specified in subdivisions (c), (e), and (f):
Number of
eligible needy
persons in
the same home
Maximum
aid
1 ........................
$ 326
2 ........................
535
3 ........................
663
4 ........................
788
5 ........................
899
6 ........................
1,010
7 ........................
1,109
8 ........................
1,209
9 ........................
1,306
10 or more ........................
1,403
(B) If, when, and during those times that the United States government increases or decreases its contributions in assistance of needy children in this state above or below the amount paid on July 1, 1972, the amounts specified in the above table shall be increased or decreased by an amount equal to that increase or decrease by the United States government, provided that no increase or decrease shall be subject to subsequent adjustment pursuant to Section 11453.
(2) The sums specified in paragraph (1) shall not be adjusted for cost of living for the 1990–91, 1991–92, 1992–93, 1993–94, 1994–95, 1995–96, 1996–97, and 1997–98 fiscal years, and through October 31, 1998, nor shall that amount be included in the base for calculating any cost-of-living increases for any fiscal year thereafter. Elimination of the cost-of-living adjustment pursuant to this paragraph shall satisfy the requirements of former Section 11453.05, and no further reduction shall be made pursuant to that section.
(b) (1) When the family does not include a needy child qualified for aid under this chapter, aid shall be paid to a pregnant child who is 18 years of age or younger at any time after verification of pregnancy, in the amount that would otherwise be paid to one person, as specified in subdivision (a), if the child and her child, if born, would have qualified for aid under this chapter. Verification of pregnancy shall be required as a condition of eligibility for aid under this subdivision.
(2) Notwithstanding paragraph (1), when the family does not include a needy child qualified for aid under this chapter, aid shall be paid to a pregnant woman for the month in which the birth is anticipated and for the six-month period immediately prior to the month in which the birth is anticipated, in the amount that would otherwise be paid to one person, as specified in subdivision (a), if the woman and child, if born, would have qualified for aid under this chapter. Verification of pregnancy shall be required as a condition of eligibility for aid under this subdivision.
(3) Paragraph (1) shall apply only when the Cal-Learn Program is operative.
(c) The amount of forty-seven dollars ($47) per month shall be paid to pregnant women qualified for aid under subdivision (a) or (b) to meet special needs resulting from pregnancy if the woman and child, if born, would have qualified for aid under this chapter. County welfare departments shall refer all recipients of aid under this subdivision to a local provider of the Women, Infants, and Children program. If that payment to pregnant women qualified for aid under subdivision (a) is considered income under federal law in the first five months of pregnancy, payments under this subdivision shall not apply to persons eligible under subdivision (a), except for the month in which birth is anticipated and for the three-month period immediately prior to the month in which delivery is anticipated, if the woman and child, if born, would have qualified for aid under this chapter.
(d) For children receiving AFDC-FC under this chapter, there shall be paid, exclusive of any amount considered exempt as income, an amount of aid each month that, when added to the child’s income, is equal to the rate specified in Section 11460, 11461, 11462, 11462.1, or 11463. In addition, the child shall be eligible for special needs, as specified in departmental regulations.
(e) (1) In addition to the amounts payable under subdivision (a) and Section 11453.1, a family shall be entitled to receive an allowance for recurring special needs not common to a majority of recipients. These recurring special needs shall include, but not be limited to, food preparation needs and unusual costs of transportation, laundry, housekeeping services, telephone, and utilities. The recurring special needs allowance for each family per month shall not exceed that amount resulting from multiplying the sum of ten dollars ($10) by the number of recipients in the family who are eligible for assistance.
(2) Each recipient is entitled to a special, diet-related food needs allowance of twenty dollars ($20) per month, or actual verified expenses related to the special, diet-related food needs, whichever is greater. The allowance shall be provided in the form of a supplemental food benefit upon a county’s receipt of verification that a recipient has a special dietary need caused by a permanent or temporary medical condition, other than pregnancy. This verification shall be signed by a licensed physician, dentist,
dietician, nutritionist, or
physician’s assistant, or nurse practitioner who has examined the patient, or
other qualified health
practitioner.
care provider to whom the recipient has been referred. For verifications signed by a health care provider as a result of a referral, the verification also shall include the name and address of the referring provider.
(f) After a family has used all available liquid resources, both exempt and nonexempt, in excess of one hundred dollars ($100), with the exception of funds deposited in a restricted account described in subdivision (a) of Section 11155.2, the family shall also be entitled to receive an allowance for nonrecurring special needs.
(1) An allowance for nonrecurring special needs shall be granted for replacement of clothing and household equipment and for emergency housing needs other than those needs addressed by paragraph (2). These needs shall be caused by sudden and unusual circumstances beyond the control of the needy family. The department shall establish the allowance for each of the nonrecurring special needs items. The sum of all nonrecurring special needs provided by this subdivision shall not exceed six hundred dollars ($600) per event.
(2) (A) Homeless assistance is available to a homeless family seeking shelter when the family is eligible for aid under this chapter. Homeless assistance for temporary shelter is also available to homeless families that are apparently eligible for aid under this chapter. Apparent eligibility exists when evidence presented by the applicant, or that is otherwise available to the county welfare department, and the information provided on the application documents indicate that there would be eligibility for aid under this chapter if the evidence and information were verified. However, an alien applicant who does not provide verification of his or her eligible alien status, or a woman with no eligible children who does not provide medical verification of pregnancy, is not apparently eligible for purposes of this section.
(B) A family is considered homeless, for the purpose of this section, when the family lacks a fixed and regular nighttime residence; or the family has a primary nighttime residence that is a supervised publicly or privately operated shelter designed to provide temporary living accommodations; or the family is residing in a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings. A family is also considered homeless for the purpose of this section if the family has received a notice to pay rent or quit. The family shall demonstrate that the eviction is the result of a verified financial hardship as a result of extraordinary circumstances beyond their control, and not other lease or rental violations, and that the family is experiencing a financial crisis that could result in homelessness if preventative assistance is not provided.
(3) (A) (i) A nonrecurring special needs benefit of sixty-five dollars ($65) a day shall be available to families of up to four members for the costs of temporary shelter, subject to the requirements of this paragraph. The fifth and additional members of the family shall each receive fifteen dollars ($15) per day, up to a daily maximum of one hundred twenty-five dollars ($125). County welfare departments may increase the daily amount available for temporary shelter as necessary to secure the additional bedspace needed by the family.
(ii) This special needs benefit shall be granted or denied immediately upon the family’s application for homeless assistance, and benefits shall be available for up to three working days. The county welfare department shall verify the family’s homelessness within the first three working days and, if the family meets the criteria of questionable homelessness established by the department, the county welfare department shall refer the family to its early fraud prevention and detection unit, if the county has such a unit, for assistance in the verification of homelessness within this period.
(iii) After homelessness has been verified, the three-day limit shall be extended for a period of time which, when added to the initial benefits provided, does not exceed a total of 16 calendar days. This extension of benefits shall be done in increments of one week and shall be based upon searching for permanent housing which shall be documented on a housing search form, good cause, or other circumstances defined by the department. Documentation of a housing search shall be required for the initial extension of benefits beyond the three-day limit and on a weekly basis thereafter as long as the family is receiving temporary shelter benefits. Good cause shall include, but is not limited to, situations in which the county welfare department has determined that the family, to the extent it is capable, has made a good faith but unsuccessful effort to secure permanent housing while receiving temporary shelter benefits.
(B) (i) A nonrecurring special needs benefit for permanent housing assistance is available to pay for last month’s rent and security deposits when these payments are reasonable conditions of securing a residence, or to pay for up to two months of rent arrearages, when these payments are a reasonable condition of preventing eviction.
(ii) The last month’s rent or monthly arrearage portion of the payment (I) shall not exceed 80 percent of the family’s total monthly household income without the value of CalFresh benefits or special needs benefit for a family of that size and (II) shall only be made to families that have found permanent housing costing no more than 80 percent of the family’s total monthly household income without the value of CalFresh benefits or special needs benefit for a family of that size.
(iii) However, if the county welfare department determines that a family intends to reside with individuals who will be sharing housing costs, the county welfare department shall, in appropriate circumstances, set aside the condition specified in subclause (II) of clause (ii).
(C) The nonrecurring special needs benefit for permanent housing assistance is also available to cover the standard costs of deposits for utilities which are necessary for the health and safety of the family.
(D) A payment for or denial of permanent housing assistance shall be issued no later than one working day from the time that a family presents evidence of the availability of permanent housing. If an applicant family provides evidence of the availability of permanent housing before the county welfare department has established eligibility for aid under this chapter, the county welfare department shall complete the eligibility determination so that the denial of or payment for permanent housing assistance is issued within one working day from the submission of evidence of the availability of permanent housing, unless the family has failed to provide all of the verification necessary to establish eligibility for aid under this chapter.
(E) (i) Except as provided in clauses (ii) and (iii), eligibility for the temporary shelter assistance and the permanent housing assistance pursuant to this paragraph shall be limited to one period of up to 16 consecutive calendar days of temporary assistance and one payment of permanent assistance. Any family that includes a parent or nonparent caretaker relative living in the home who has previously received temporary or permanent homeless assistance at any time on behalf of an eligible child shall not be eligible for further homeless assistance. Any person who applies for homeless assistance benefits shall be informed that the temporary shelter benefit of up to 16 consecutive days is available only once in a lifetime, with certain exceptions, and that a break in the consecutive use of the benefit constitutes permanent exhaustion of the temporary benefit.
(ii) A family that becomes homeless as a direct and primary result of a state or federally declared natural disaster shall be eligible for temporary and permanent homeless assistance.
(iii) A family shall be eligible for temporary and permanent homeless assistance when homelessness is a direct result of domestic violence by a spouse, partner, or roommate; physical or mental illness that is medically verified that shall not include a diagnosis of alcoholism, drug addiction, or psychological stress; or, the uninhabitability of the former residence caused by sudden and unusual circumstances beyond the control of the family including natural catastrophe, fire, or condemnation. These circumstances shall be verified by a third-party governmental or private health and human services agency, except that domestic violence may also be verified by a sworn statement by the victim, as provided under Section 11495.25. Homeless assistance payments based on these specific circumstances may not be received more often than once in any 12-month period. In addition, if the domestic violence is verified by a sworn statement by the victim, the homeless assistance payments shall be limited to two periods of not more than 16 consecutive calendar days of temporary assistance and two payments of permanent assistance. A county may require that a recipient of homeless assistance benefits who qualifies under this paragraph for a second time in a 24-month period participate in a homelessness avoidance case plan as a condition of eligibility for homeless assistance benefits. The county welfare department shall immediately inform recipients who verify domestic violence by a sworn statement of the availability of domestic violence counseling and services, and refer those recipients to services upon request.
(iv) If a county requires a recipient who verifies domestic violence by a sworn statement to participate in a homelessness avoidance case plan pursuant to clause (iii), the plan shall include the provision of domestic violence services, if appropriate.
(v) If a recipient seeking homeless assistance based on domestic violence pursuant to clause (iii) has previously received homeless avoidance services based on domestic violence, the county shall review whether services were offered to the recipient and consider what additional services would assist the recipient in leaving the domestic violence situation.
(vi) The county welfare department shall report necessary data to the department through a statewide homeless assistance payment indicator system, as requested by the department, regarding all recipients of aid under this paragraph.
(F) The county welfare departments, and all other entities participating in the costs of the CalWORKs program, have the right in their share to any refunds resulting from payment of the permanent housing. However, if an emergency requires the family to move within the 12-month period specified in subparagraph (E), the family shall be allowed to use any refunds received from its deposits to meet the costs of moving to another residence.
(G) Payments to providers for temporary shelter and permanent housing and utilities shall be made on behalf of families requesting these payments.
(H) The daily amount for the temporary shelter special needs benefit for homeless assistance may be increased if authorized by the current year’s Budget Act by specifying a different daily allowance and appropriating the funds therefor.
(I) No payment shall be made pursuant to this paragraph unless the provider of housing is a commercial establishment, shelter, or person in the business of renting properties who has a history of renting properties.
(g) The department shall establish rules and regulations ensuring the uniform statewide application of this section.
(h) The department shall notify all applicants and recipients of aid through the standardized application form that these benefits are available and shall provide an opportunity for recipients to apply for the funds quickly and efficiently.
(i)
(A)
(1)
Except for the purposes of Section 15200, the amounts payable to recipients pursuant to Section 11453.1 shall not constitute part of the payment schedule set forth in subdivision (a).
(B)
(2)
The amounts payable to recipients pursuant to Section 11453.1 shall not constitute income to recipients of aid under this section.
(j) For children receiving Kin-GAP pursuant to Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385) there shall be paid, exclusive of any amount considered exempt as income, an amount of aid each month, which, when added to the child’s income, is equal to the rate specified in Sections 11364 and 11387.
(k) (1) A county shall implement the semiannual reporting requirements in accordance with Chapter 501 of the Statutes of 2011 no later than October 1, 2013.
(2) Upon completion of the implementation described in paragraph (1), each county shall provide a certificate to the director certifying that semiannual reporting has been implemented in the county.
(3) Upon filing the certificate described in paragraph (2), a county shall comply with the semiannual reporting provisions of this section.
SEC. 2.
No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for purposes of implementing this act.
SEC. 3.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
### Summary:
This bill would amend Section 11450 of the Welfare and Institutions Code to require the Department of Social Services to establish rules and regulations to ensure the |
The people of the State of California do enact as follows:
SECTION 1.
Section 13109 of the Elections Code is amended to read:
13109.
The order of precedence of offices on the ballot shall be as listed below for those offices and measures that apply to the election for which the ballot is provided. Beginning in the column to the left:
(a) Under the heading, PRESIDENT AND VICE PRESIDENT:
Nominees of the qualified political parties and independent nominees for President and Vice President.
(b) Under the heading, PRESIDENT OF THE UNITED STATES:
(1) Names of the presidential candidates to whom the delegates are pledged.
(2) Names of the chairpersons of unpledged delegations.
(c) Under the heading, STATE:
(1) Governor.
(2) Lieutenant Governor.
(3) Secretary of State.
(4) Controller.
(5) Treasurer.
(6) Attorney General.
(7) Insurance Commissioner.
(8) Member, State Board of Equalization.
(d) Under the heading, UNITED STATES SENATOR:
Candidates or nominees to the United States Senate.
(e) Under the heading, UNITED STATES REPRESENTATIVE:
Candidates or nominees to the House of Representatives of the United States.
(f) Under the heading, STATE SENATOR:
Candidates or nominees to the State Senate.
(g) Under the heading, MEMBER OF THE STATE ASSEMBLY:
Candidates or nominees to the Assembly.
(h) Under the heading, COUNTY COMMITTEE:
Members of the County Central Committee.
(i) Under the heading, JUDICIAL:
(1) Chief Justice of California.
(2) Associate Justice of the Supreme Court.
(3) Presiding Justice, Court of Appeal.
(4) Associate Justice, Court of Appeal.
(5) Judge of the Superior Court.
(6) Marshal.
(j) Under the heading, SCHOOL:
(1) Superintendent of Public Instruction.
(2) County Superintendent of Schools.
(3) County Board of Education Members.
(4) College District Governing Board Members.
(5) Unified
School
District Governing Board Members.
(6) High School District Governing Board Members.
(7) Elementary
School
District Governing Board Members.
(k) Under the heading, COUNTY:
(1) County Supervisor.
(2) Other offices in alphabetical order by the title of the office.
(l) Under the heading, CITY:
(1) Mayor.
(2) Member, City Council.
(3) Other offices in alphabetical order by the title of the office.
(m) Under the heading, DISTRICT:
Directors or trustees for each district in alphabetical order according to the name of the district.
(n) Under the heading, MEASURES SUBMITTED TO THE VOTERS and the appropriate heading from subdivisions (a) through (m), above, ballot measures in the order, state through district shown above, and within each jurisdiction, in the order prescribed by the official certifying
them
the ballot measures
for the ballot.
(o) (1) In order to allow for the most efficient use of space on the ballot in counties that use a voting system, as defined in Section 362, the county elections official may vary the order of subdivisions
(j), (k), (l), (m), and (n)
(j) to (n), inclusive,
as well as the order of offices within these subdivisions. However, the office of Superintendent of Public Instruction shall always precede any school, county, or city office, and state measures shall always precede local measures.
(2) Notwithstanding paragraph (1), for the November 8, 2016, statewide general election only, a county board of supervisors may direct the county elections official to place a local measure related to
a
local transportation
tax
finance
above state measures.
(p) This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 2.
Section 13109 is added to the Elections Code, to read:
13109.
The order of precedence of offices on the ballot shall be as listed below for those offices and measures that apply to the election for which the ballot is provided. Beginning in the column to the left:
(a) Under the heading, PRESIDENT AND VICE PRESIDENT:
Nominees of the qualified political parties and independent nominees for President and Vice President.
(b) Under the heading, PRESIDENT OF THE UNITED STATES:
(1) Names of the presidential candidates to whom the delegates are pledged.
(2) Names of the chairpersons of unpledged delegations.
(c) Under the heading, STATE:
(1) Governor.
(2) Lieutenant Governor.
(3) Secretary of State.
(4) Controller.
(5) Treasurer.
(6) Attorney General.
(7) Insurance Commissioner.
(8) Member, State Board of Equalization.
(d) Under the heading, UNITED STATES SENATOR:
Candidates or nominees to the United States Senate.
(e) Under the heading, UNITED STATES REPRESENTATIVE:
Candidates or nominees to the House of Representatives of the United States.
(f) Under the heading, STATE SENATOR:
Candidates or nominees to the State Senate.
(g) Under the heading, MEMBER OF THE STATE ASSEMBLY:
Candidates or nominees to the Assembly.
(h) Under the heading, COUNTY COMMITTEE:
Members of the County Central Committee.
(i) Under the heading, JUDICIAL:
(1) Chief Justice of California.
(2) Associate Justice of the Supreme Court.
(3) Presiding Justice, Court of Appeal.
(4) Associate Justice, Court of Appeal.
(5) Judge of the Superior Court.
(6) Marshal.
(j) Under the heading, SCHOOL:
(1) Superintendent of Public Instruction.
(2) County Superintendent of Schools.
(3) County Board of Education Members.
(4) College District Governing Board Members.
(5) Unified
School
District Governing Board Members.
(6) High School District Governing Board Members.
(7) Elementary
School
District Governing Board Members.
(k) Under the heading, COUNTY:
(1) County Supervisor.
(2) Other offices in alphabetical order by the title of the office.
(l) Under the heading, CITY:
(1) Mayor.
(2) Member, City Council.
(3) Other offices in alphabetical order by the title of the office.
(m) Under the heading, DISTRICT:
Directors or trustees for each district in alphabetical order according to the name of the district.
(n) Under the heading, MEASURES SUBMITTED TO THE VOTERS and the appropriate heading from subdivisions (a) through (m), above, ballot measures in the order, state through district shown above, and within each jurisdiction, in the order prescribed by the official certifying
them
the ballot measures
for the ballot.
(o) In order to allow for the most efficient use of space on the ballot in counties that use a voting system, as defined in Section 362, the county elections official may vary the order of subdivisions
(j), (k), (l), (m), and (n)
(j) to (n), inclusive,
as well as the order of offices within these subdivisions. However, the office of Superintendent of Public Instruction shall always precede any school, county, or city office, and state measures shall always precede local measures.
(p) This section shall become operative on January 1, 2017.
SEC. 3.
This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order for county boards of supervisors and county elections officials to have sufficient time to implement the provisions of this bill
prior to
before
the November 8, 2016, statewide general election, it is necessary that this act take effect immediately. | Existing law requires all voting to be by ballot and requires each polling place to provide, at each election at which public officers are to be voted for, but one form of ballot for all candidates for public office, except for partisan primary elections, as specified. Existing law specifies the order of precedence of offices on the ballot and authorizes a county elections official to vary the order for certain offices and measures submitted to the voters, in order to allow for the most efficient use of space on the ballot in counties that use a voting system, as defined. Existing law requires state measures to always precede local measures.
This bill, for the November 8, 2016, statewide general election only, would authorize a county board of supervisors to direct the county elections official to place a local measure related to
a
local transportation
tax
finance
above state measures.
This bill would declare that it is to take effect immediately as an urgency statute. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
Section 13109 of the Elections Code is amended to read:
13109.
The order of precedence of offices on the ballot shall be as listed below for those offices and measures that apply to the election for which the ballot is provided. Beginning in the column to the left:
(a) Under the heading, PRESIDENT AND VICE PRESIDENT:
Nominees of the qualified political parties and independent nominees for President and Vice President.
(b) Under the heading, PRESIDENT OF THE UNITED STATES:
(1) Names of the presidential candidates to whom the delegates are pledged.
(2) Names of the chairpersons of unpledged delegations.
(c) Under the heading, STATE:
(1) Governor.
(2) Lieutenant Governor.
(3) Secretary of State.
(4) Controller.
(5) Treasurer.
(6) Attorney General.
(7) Insurance Commissioner.
(8) Member, State Board of Equalization.
(d) Under the heading, UNITED STATES SENATOR:
Candidates or nominees to the United States Senate.
(e) Under the heading, UNITED STATES REPRESENTATIVE:
Candidates or nominees to the House of Representatives of the United States.
(f) Under the heading, STATE SENATOR:
Candidates or nominees to the State Senate.
(g) Under the heading, MEMBER OF THE STATE ASSEMBLY:
Candidates or nominees to the Assembly.
(h) Under the heading, COUNTY COMMITTEE:
Members of the County Central Committee.
(i) Under the heading, JUDICIAL:
(1) Chief Justice of California.
(2) Associate Justice of the Supreme Court.
(3) Presiding Justice, Court of Appeal.
(4) Associate Justice, Court of Appeal.
(5) Judge of the Superior Court.
(6) Marshal.
(j) Under the heading, SCHOOL:
(1) Superintendent of Public Instruction.
(2) County Superintendent of Schools.
(3) County Board of Education Members.
(4) College District Governing Board Members.
(5) Unified
School
District Governing Board Members.
(6) High School District Governing Board Members.
(7) Elementary
School
District Governing Board Members.
(k) Under the heading, COUNTY:
(1) County Supervisor.
(2) Other offices in alphabetical order by the title of the office.
(l) Under the heading, CITY:
(1) Mayor.
(2) Member, City Council.
(3) Other offices in alphabetical order by the title of the office.
(m) Under the heading, DISTRICT:
Directors or trustees for each district in alphabetical order according to the name of the district.
(n) Under the heading, MEASURES SUBMITTED TO THE VOTERS and the appropriate heading from subdivisions (a) through (m), above, ballot measures in the order, state through district shown above, and within each jurisdiction, in the order prescribed by the official certifying
them
the ballot measures
for the ballot.
(o) (1) In order to allow for the most efficient use of space on the ballot in counties that use a voting system, as defined in Section 362, the county elections official may vary the order of subdivisions
(j), (k), (l), (m), and (n)
(j) to (n), inclusive,
as well as the order of offices within these subdivisions. However, the office of Superintendent of Public Instruction shall always precede any school, county, or city office, and state measures shall always precede local measures.
(2) Notwithstanding paragraph (1), for the November 8, 2016, statewide general election only, a county board of supervisors may direct the county elections official to place a local measure related to
a
local transportation
tax
finance
above state measures.
(p) This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 2.
Section 13109 is added to the Elections Code, to read:
13109.
The order of precedence of offices on the ballot shall be as listed below for those offices and measures that apply to the election for which the ballot is provided. Beginning in the column to the left:
(a) Under the heading, PRESIDENT AND VICE PRESIDENT:
Nominees of the qualified political parties and independent nominees for President and Vice President.
(b) Under the heading, PRESIDENT OF THE UNITED STATES:
(1) Names of the presidential candidates to whom the delegates are pledged.
(2) Names of the chairpersons of unpledged delegations.
(c) Under the heading, STATE:
(1) Governor.
(2) Lieutenant Governor.
(3) Secretary of State.
(4) Controller.
(5) Treasurer.
(6) Attorney General.
(7) Insurance Commissioner.
(8) Member, State Board of Equalization.
(d) Under the heading, UNITED STATES SENATOR:
Candidates or nominees to the United States Senate.
(e) Under the heading, UNITED STATES REPRESENTATIVE:
Candidates or nominees to the House of Representatives of the United States.
(f) Under the heading, STATE SENATOR:
Candidates or nominees to the State Senate.
(g) Under the heading, MEMBER OF THE STATE ASSEMBLY:
Candidates or nominees to the Assembly.
(h) Under the heading, COUNTY COMMITTEE:
Members of the County Central Committee.
(i) Under the heading, JUDICIAL:
(1) Chief Justice of California.
(2) Associate Justice of the Supreme Court.
(3) Presiding Justice, Court of Appeal.
(4) Associate Justice, Court of Appeal.
(5) Judge of the Superior Court.
(6) Marshal.
(j) Under the heading, SCHOOL:
(1) Superintendent of Public Instruction.
(2) County Superintendent of Schools.
(3) County Board of Education Members.
(4) College District Governing Board Members.
(5) Unified
School
District Governing Board Members.
(6) High School District Governing Board Members.
(7) Elementary
School
District Governing Board Members.
(k) Under the heading, COUNTY:
(1) County Supervisor.
(2) Other offices in alphabetical order by the title of the office.
(l) Under the heading, CITY:
(1) Mayor.
(2) Member, City Council.
(3) Other offices in alphabetical order by the title of the office.
(m) Under the heading, DISTRICT:
Directors or trustees for each district in alphabetical order according to the name of the district.
(n) Under the heading, MEASURES SUBMITTED TO THE VOTERS and the appropriate heading from subdivisions (a) through (m), above, ballot measures in the order, state through district shown above, and within each jurisdiction, in the order prescribed by the official certifying
them
the ballot measures
for the ballot.
(o) In order to allow for the most efficient use of space on the ballot in counties that use a voting system, as defined in Section 362, the county elections official may vary the order of subdivisions
(j), (k), (l), (m), and (n)
(j) to (n), inclusive,
as well as the order of offices within these subdivisions. However, the office of Superintendent of Public Instruction shall always precede any school, county, or city office, and state measures shall always precede local measures.
(p) This section shall become operative on January 1, 2017.
SEC. 3.
This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order for county boards of supervisors and county elections officials to have sufficient time to implement the provisions of this bill
prior to
before
the November 8, 2016, statewide general election, it is necessary that this act take effect immediately.
### Summary:
<bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos> |
The people of the State of California do enact as follows:
SECTION 1.
Chapter 6.3 (commencing with Section 1625) is added to Division 2 of the Fish and Game Code, to read:
CHAPTER 6.3. Oak Woodlands Protection Act
1625.
This chapter shall be known, and may be cited, as the Oak Woodlands Protection Act.
1626.
The Legislature hereby finds and declares all of the following:
(a) The conservation of oak woodlands enhances the natural scenic beauty for residents and visitors, increases real property values, promotes ecological balance, provides sustainable habitat for over 300 wildlife species and 2,000 plant species, reduces soil erosion, sustains healthy watersheds and water quality, moderates temperature extremes and climate change, and aids with nutrient cycling, all of which affect and improve the health, safety, and general welfare of the residents of the State of California.
(b) Widespread changes in land use patterns across the landscape and habitat loss due to the pathogen Phytophthora ramorum, commonly known as Sudden Oak Death, and infestations of the Goldspotted Oak Borer parasite, are fragmenting oak woodlands’ wildland character over extensive areas of the state. The combination of human impact and other impacts will cumulatively fragment oak ecosystem continuity unless appropriate conservation steps are taken immediately.
(c) The future viability of hundreds of California’s wildlife species are dependent on the maintenance of biologically functional and contiguous oak woodland ecosystems at local and bioregional scales.
(d) A program to encourage and make possible the long-term conservation of oak woodlands is a necessary part of the state’s wildlands protection policies. It is hereby declared to be the policy of the state to conserve oak woodlands and maintain oak ecosystem health.
1627.
It is the intent of the Legislature that this chapter be construed in light of the following primary objectives:
(a) To conserve oak woodland ecological attributes remaining in California and to provide habitat for wildlife species that are associated with that habitat.
(b) To provide maximum conservation of the oak woodlands ecosystem.
(c) To ensure that land use decisions affecting oak woodlands and dependent wildlife are based on the best available scientific information and habitat mitigation measures.
(d) To restore and perpetuate the state’s most biologically diverse natural resource for future generations of Californians.
1628.
For purposes of this chapter, the following terms have the following meanings:
(a) “Canopy cover” means the area, measured as a percentage of total ground area, directly under the live branches of an oak tree.
(b) “Oak removal” means causing an oak tree to die or be removed as a result of human activity by any means including, but not limited to, cutting, dislodging, poisoning, burning, pruning, topping, or damaging of roots.
(c) “Oak removal permit” means a discretionary permit approving an application to remove, from an oak woodland during any calendar year, oak trees, as specified in Section 1629.
(d) “Oak removal plan” means an oak woodlands biological impacts evaluation and site-specific management plan.
(e) “Oak tree” means any tree in the genus Quercus that is not growing on timberland.
(f) “Oak woodland” means a land with a greater than ten percent oak canopy cover, or that can be demonstrated to have historically supported greater than ten percent oak canopy cover, and that meets either of the following:
(1) A nontimberland area on a parcel of five or more acres containing oak trees.
(2) A nontimberland area on a parcel of at least one or more acres containing valley oak trees.
(g) “Parcel” means a single assessor’s parcel of land as shown on maps produced by the county assessor.
(h) “Riparian hardwood” means native broadleaved evergreen and deciduous trees that produce flowers and grow within 50 feet, measured horizontally, of any watercourse, lake, or reservoir.
(i) “Timberland” has the same meaning as defined in Section 4526 of the Public Resources Code.
(j) “Watercourse” means any well-defined channel with distinguishable bed and bank showing evidence of having contained flowing water indicated by deposit of rock, sand, gravel, or soil, including, but not limited to, a “stream” as defined in Section 4528 of the Public Resources Code.
1629.
(a) (1) Unless an oak removal plan and oak removal permit application for oak removal has been submitted to and approved by the director, a person shall not remove from an oak woodland during a calendar year either of the following:
(A) A valley oak tree greater or equal to 10 inches in diameter at breast height.
(B) For oak trees other than valley oak trees, 10 or more oak trees greater than or equal to 10 inches in diameter at breast height.
(2) The director’s authority to approve an oak removal plan and oak removal permit application pursuant to this subdivision may be delegated by the director to regional managers in the department.
(b) An oak removal plan and oak removal permit application shall be prepared and signed by a registered professional forester.
(c) Applications for oak removal permits shall be on a form prescribed by the director.
(d) By June 30, 2016, the commission shall adopt regulations to implement this chapter, including regulations establishing an application fee for the cost of processing an application for an oak removal permit. The fee charged shall be established in an amount necessary to pay the total costs incurred by the department in administering and enforcing this chapter. The regulations shall ensure that the canopy cover and mapping information contained in all oak removal plans submitted as part of an oak removal permit application is incorporated into a vegetation classification and mapping program maintained by the department.
(e) The fee established pursuant to this section shall be deposited into the Oak Woodlands Protection Act Fund, which is hereby created in the State Treasury. Notwithstanding Section 13340 of the Government Code, moneys in the fund are continuously appropriated to the department for the purposes described in subdivision (d).
1630.
An oak removal plan, in a form prescribed by the commission, shall become part of the application for an oak removal permit. The oak removal plan shall set forth, but not be limited to, the following information:
(a) Present and future parcel use.
(b) Existing and proposed parcel canopy cover percentages.
(c) A parcel map indicating the location of all proposed oak removal.
(d) Diameter at breast height and type of oak species to be removed.
(e) Number of acres on which oak removal will occur.
(f) Habitat mitigation measures.
(g) Information required pursuant to Section 21160 of the Public Resources Code.
1631.
(a) The director’s decision to approve an oak removal permit pursuant to this chapter is a discretionary project approval subject to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
(b) The director or commission may apply to the Secretary of the Natural Resources Agency to certify this program pursuant to Section 21080.5 of the Public Resources Code.
1632.
(a) The director shall not approve an oak removal permit if any of the following exist:
(1) The application and oak removal plan do not comply with this chapter or the regulations adopted by the commission to implement this chapter.
(2) The director cannot make the findings specified in Section 21081 of the Public Resources Code.
(3) Oak tree removal contemplated in the permit would remove more than 10 percent of the oak canopy cover that existed on January 1, 2015.
(4) Oak or riparian hardwood trees would be removed within 50 feet of any watercourse, lake, or reservoir.
(5) There is evidence that the information contained in the application or oak removal plan is, in a material way, either incorrect, incomplete, or misleading, or is insufficient to evaluate the plan’s environmental effects.
(6) The applicant does not have a legal or equitable interest in the property subject to the application.
(7) Implementation of the oak removal plan as proposed would cause a violation of any applicable law.
(b) Paragraphs (3) and (4) of subdivision (a) do not apply to the removal of dead trees or the removal of oak trees to create legally required fire breaks, fuel breaks, and rights-of-way.
1633.
(a) The applicant may appeal the director’s denial of an oak removal permit to the commission by filing a notice of appeal with the department within 15 days after notice of the denial. The commission shall hear the appeal within 60 days after the appeal is filed unless a later hearing date is mutually agreed upon by the applicant and the commission.
(b) An applicant whose application for an oak removal permit has been denied is entitled to a hearing before the commission conducted pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. The commission shall hear and decide appeals de novo.
1634.
(a) A person may maintain an action for declaratory and equitable relief to restrain any violation of this chapter. On a prima facie showing of a violation of this chapter, preliminary equitable relief shall be issued to restrain any further violation of this chapter.
(b) Oak removal permits approved pursuant to this chapter are construction projects as that term is used in Section 529.1 of the Code of Civil Procedure. In any civil action brought pursuant to this chapter in which a temporary restraining order, preliminary injunction, or permanent injunction is sought, it is not necessary to allege or prove at any stage of the proceeding either of the following:
(1) That irreparable damage will occur if the temporary restraining order, preliminary injunction, or permanent injunction is not issued.
(2) The remedy at law is inadequate.
1635.
The permittee shall cause an approved oak removal permit to be recorded in each county in which the property is located before beginning any operations contemplated under the permit.
1636.
(a) A person who violates this chapter is subject to a civil penalty of not more than twenty-five thousand dollars ($25,000) for each violation.
(b) The civil penalty imposed for each violation pursuant to this section is separate from, and in addition to, any other civil penalty imposed for a violation pursuant to this section or any other provision of law.
(c) In determining the amount of any civil penalty imposed pursuant to this section, the court shall take into consideration the nature, circumstance, extent, and gravity of the violation. In making this determination, the court may consider whether the effects of the violation may be reversed or mitigated, and with respect to the defendant, the ability to pay, any voluntary mitigation efforts undertaken, any prior history of violations, the gravity of the behavior, the economic benefit, if any, resulting from the violation, and any other matters the court determines justice may require.
(d) Every civil action brought under this section shall be brought by the Attorney General upon complaint by the department, or by the district attorney or city attorney in the name of the people of the State of California and any actions relating to the same violation may be joined or consolidated.
(e) All civil penalties collected pursuant to this section shall not be considered fines or forfeitures as described in Section 13003 and shall be apportioned in the following manner:
(1) Fifty percent shall be distributed to the county treasurer of the county in which the action is prosecuted. Amounts paid to the county treasurer shall be deposited in the county fish and wildlife propagation fund established pursuant to Section 13100.
(2) Fifty percent shall be distributed to the Wildlife Conservation Board for deposit in the Oak Woodlands Conservation Fund created by Section 1363. These funds may be expended to cover the costs of any legal actions or for any other law enforcement purpose consistent with Section 9 of Article XVI of the California Constitution.
SEC. 2.
Section 21083.4 of the Public Resources Code is repealed.
21083.4.
(a)For purposes of this section, “oak” means a native tree species in the genus Quercus, not designated as Group A or Group B commercial species pursuant to regulations adopted by the State Board of Forestry and Fire Protection pursuant to Section 4526, and that is 5 inches or more in diameter at breast height.
(b)As part of the determination made pursuant to Section 21080.1, a county shall determine whether a project within its jurisdiction may result in a conversion of oak woodlands that will have a significant effect on the environment. If a county determines that there may be a significant effect to oak woodlands, the county shall require one or more of the following oak woodlands mitigation alternatives to mitigate the significant effect of the conversion of oak woodlands:
(1)Conserve oak woodlands, through the use of conservation easements.
(2)(A)Plant an appropriate number of trees, including maintaining plantings and replacing dead or diseased trees.
(B)The requirement to maintain trees pursuant to this paragraph terminates seven years after the trees are planted.
(C)Mitigation pursuant to this paragraph shall not fulfill more than one-half of the mitigation requirement for the project.
(D)The requirements imposed pursuant to this paragraph also may be used to restore former oak woodlands.
(3)Contribute funds to the Oak Woodlands Conservation Fund, as established under subdivision (a) of Section 1363 of the Fish and Game Code, for the purpose of purchasing oak woodlands conservation easements, as specified under paragraph (1) of subdivision (d) of that section and the guidelines and criteria of the Wildlife Conservation Board. A project applicant that contributes funds under this paragraph shall not receive a grant from the Oak Woodlands Conservation Fund as part of the mitigation for the project.
(4)Other mitigation measures developed by the county.
(c)Notwithstanding subdivision (d) of Section 1363 of the Fish and Game Code, a county may use a grant awarded pursuant to the Oak Woodlands Conservation Act (Article 3.5 (commencing with Section 1360) of Chapter 4 of Division 2 of the Fish and Game Code) to prepare an oak conservation element for a general plan, an oak protection ordinance, or an oak woodlands management plan, or amendments thereto, that meets the requirements of this section.
(d)The following are exempt from this section:
(1)Projects undertaken pursuant to an approved Natural Community Conservation Plan or approved subarea plan within an approved Natural Community Conservation Plan that includes oaks as a covered species or that conserves oak habitat through natural community conservation preserve designation and implementation and mitigation measures that are consistent with this section.
(2)Affordable housing projects for lower income households, as defined pursuant to Section 50079.5 of the Health and Safety Code, that are located within an urbanized area, or within a sphere of influence as defined pursuant to Section 56076 of the Government Code.
(3)Conversion of oak woodlands on agricultural land that includes land that is used to produce or process plant and animal products for commercial purposes.
(4)Projects undertaken pursuant to Section 21080.5 of the Public Resources Code.
(e)(1)A lead agency that adopts, and a project that incorporates, one or more of the measures specified in this section to mitigate the significant effects to oaks and oak woodlands shall be deemed to be in compliance with this division only as it applies to effects on oaks and oak woodlands.
(2)The Legislature does not intend this section to modify requirements of this division, other than with regard to effects on oaks and oak woodlands.
(f)This section does not preclude the application of Section 21081 to a project.
(g)This section, and the regulations adopted pursuant to this section, shall not be construed as a limitation on the power of a public agency to comply with this division or any other provision of law.
SEC. 3.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. | The Z’berg-Nejedly Forest Practice Act of 1973 prohibits a person from conducting timber operations unless a timber harvesting plan prepared by a registered professional forester has been submitted to the Department of Forestry and Fire Protection. The Oak Woodlands Conservation Act provides funding for the conservation and protection of California’s oak woodlands. Any violation of the Fish and Game Code is a crime.
This bill would enact the Oak Woodlands Protection Act, which would prohibit a person from removing from an oak woodland, as defined, specified oak trees, unless an oak removal plan and oak removal permit application for the oak tree removal has been submitted to and approved by the Director of Fish and Wildlife.
By June, 30, 2016, the bill would require the Fish and Game Commission to adopt regulations to implement the act, including regulations establishing an oak removal permit application fee. The bill would require the fee to be deposited into the Oak Woodlands Protection Act Fund, as created by the bill. Moneys in the fund would be continuously appropriated to the department for purposes of paying the total costs incurred by the department in administering and enforcing the act, thereby making an appropriation.
The bill would provide that any person who violates the act is subject to a civil penalty of not more than $25,000 for each violation. The bill would require all civil penalties collected to be apportioned in a specified manner, including 50% to be distributed to the Wildlife Conservation Board for deposit into the Oak Woodlands Conservation Fund.
Existing law requires a county to determine whether a project may result in a conversion of oak woodlands that will have a significant effect on the environment, and if it does, existing law requires the county to require one or more specified oak woodlands mitigation alternatives to mitigate the significant effect.
This bill would delete this law.
To the extent this bill would provide for additional criminal prosecutions for violations of the Fish and Game Code, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
Chapter 6.3 (commencing with Section 1625) is added to Division 2 of the Fish and Game Code, to read:
CHAPTER 6.3. Oak Woodlands Protection Act
1625.
This chapter shall be known, and may be cited, as the Oak Woodlands Protection Act.
1626.
The Legislature hereby finds and declares all of the following:
(a) The conservation of oak woodlands enhances the natural scenic beauty for residents and visitors, increases real property values, promotes ecological balance, provides sustainable habitat for over 300 wildlife species and 2,000 plant species, reduces soil erosion, sustains healthy watersheds and water quality, moderates temperature extremes and climate change, and aids with nutrient cycling, all of which affect and improve the health, safety, and general welfare of the residents of the State of California.
(b) Widespread changes in land use patterns across the landscape and habitat loss due to the pathogen Phytophthora ramorum, commonly known as Sudden Oak Death, and infestations of the Goldspotted Oak Borer parasite, are fragmenting oak woodlands’ wildland character over extensive areas of the state. The combination of human impact and other impacts will cumulatively fragment oak ecosystem continuity unless appropriate conservation steps are taken immediately.
(c) The future viability of hundreds of California’s wildlife species are dependent on the maintenance of biologically functional and contiguous oak woodland ecosystems at local and bioregional scales.
(d) A program to encourage and make possible the long-term conservation of oak woodlands is a necessary part of the state’s wildlands protection policies. It is hereby declared to be the policy of the state to conserve oak woodlands and maintain oak ecosystem health.
1627.
It is the intent of the Legislature that this chapter be construed in light of the following primary objectives:
(a) To conserve oak woodland ecological attributes remaining in California and to provide habitat for wildlife species that are associated with that habitat.
(b) To provide maximum conservation of the oak woodlands ecosystem.
(c) To ensure that land use decisions affecting oak woodlands and dependent wildlife are based on the best available scientific information and habitat mitigation measures.
(d) To restore and perpetuate the state’s most biologically diverse natural resource for future generations of Californians.
1628.
For purposes of this chapter, the following terms have the following meanings:
(a) “Canopy cover” means the area, measured as a percentage of total ground area, directly under the live branches of an oak tree.
(b) “Oak removal” means causing an oak tree to die or be removed as a result of human activity by any means including, but not limited to, cutting, dislodging, poisoning, burning, pruning, topping, or damaging of roots.
(c) “Oak removal permit” means a discretionary permit approving an application to remove, from an oak woodland during any calendar year, oak trees, as specified in Section 1629.
(d) “Oak removal plan” means an oak woodlands biological impacts evaluation and site-specific management plan.
(e) “Oak tree” means any tree in the genus Quercus that is not growing on timberland.
(f) “Oak woodland” means a land with a greater than ten percent oak canopy cover, or that can be demonstrated to have historically supported greater than ten percent oak canopy cover, and that meets either of the following:
(1) A nontimberland area on a parcel of five or more acres containing oak trees.
(2) A nontimberland area on a parcel of at least one or more acres containing valley oak trees.
(g) “Parcel” means a single assessor’s parcel of land as shown on maps produced by the county assessor.
(h) “Riparian hardwood” means native broadleaved evergreen and deciduous trees that produce flowers and grow within 50 feet, measured horizontally, of any watercourse, lake, or reservoir.
(i) “Timberland” has the same meaning as defined in Section 4526 of the Public Resources Code.
(j) “Watercourse” means any well-defined channel with distinguishable bed and bank showing evidence of having contained flowing water indicated by deposit of rock, sand, gravel, or soil, including, but not limited to, a “stream” as defined in Section 4528 of the Public Resources Code.
1629.
(a) (1) Unless an oak removal plan and oak removal permit application for oak removal has been submitted to and approved by the director, a person shall not remove from an oak woodland during a calendar year either of the following:
(A) A valley oak tree greater or equal to 10 inches in diameter at breast height.
(B) For oak trees other than valley oak trees, 10 or more oak trees greater than or equal to 10 inches in diameter at breast height.
(2) The director’s authority to approve an oak removal plan and oak removal permit application pursuant to this subdivision may be delegated by the director to regional managers in the department.
(b) An oak removal plan and oak removal permit application shall be prepared and signed by a registered professional forester.
(c) Applications for oak removal permits shall be on a form prescribed by the director.
(d) By June 30, 2016, the commission shall adopt regulations to implement this chapter, including regulations establishing an application fee for the cost of processing an application for an oak removal permit. The fee charged shall be established in an amount necessary to pay the total costs incurred by the department in administering and enforcing this chapter. The regulations shall ensure that the canopy cover and mapping information contained in all oak removal plans submitted as part of an oak removal permit application is incorporated into a vegetation classification and mapping program maintained by the department.
(e) The fee established pursuant to this section shall be deposited into the Oak Woodlands Protection Act Fund, which is hereby created in the State Treasury. Notwithstanding Section 13340 of the Government Code, moneys in the fund are continuously appropriated to the department for the purposes described in subdivision (d).
1630.
An oak removal plan, in a form prescribed by the commission, shall become part of the application for an oak removal permit. The oak removal plan shall set forth, but not be limited to, the following information:
(a) Present and future parcel use.
(b) Existing and proposed parcel canopy cover percentages.
(c) A parcel map indicating the location of all proposed oak removal.
(d) Diameter at breast height and type of oak species to be removed.
(e) Number of acres on which oak removal will occur.
(f) Habitat mitigation measures.
(g) Information required pursuant to Section 21160 of the Public Resources Code.
1631.
(a) The director’s decision to approve an oak removal permit pursuant to this chapter is a discretionary project approval subject to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
(b) The director or commission may apply to the Secretary of the Natural Resources Agency to certify this program pursuant to Section 21080.5 of the Public Resources Code.
1632.
(a) The director shall not approve an oak removal permit if any of the following exist:
(1) The application and oak removal plan do not comply with this chapter or the regulations adopted by the commission to implement this chapter.
(2) The director cannot make the findings specified in Section 21081 of the Public Resources Code.
(3) Oak tree removal contemplated in the permit would remove more than 10 percent of the oak canopy cover that existed on January 1, 2015.
(4) Oak or riparian hardwood trees would be removed within 50 feet of any watercourse, lake, or reservoir.
(5) There is evidence that the information contained in the application or oak removal plan is, in a material way, either incorrect, incomplete, or misleading, or is insufficient to evaluate the plan’s environmental effects.
(6) The applicant does not have a legal or equitable interest in the property subject to the application.
(7) Implementation of the oak removal plan as proposed would cause a violation of any applicable law.
(b) Paragraphs (3) and (4) of subdivision (a) do not apply to the removal of dead trees or the removal of oak trees to create legally required fire breaks, fuel breaks, and rights-of-way.
1633.
(a) The applicant may appeal the director’s denial of an oak removal permit to the commission by filing a notice of appeal with the department within 15 days after notice of the denial. The commission shall hear the appeal within 60 days after the appeal is filed unless a later hearing date is mutually agreed upon by the applicant and the commission.
(b) An applicant whose application for an oak removal permit has been denied is entitled to a hearing before the commission conducted pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. The commission shall hear and decide appeals de novo.
1634.
(a) A person may maintain an action for declaratory and equitable relief to restrain any violation of this chapter. On a prima facie showing of a violation of this chapter, preliminary equitable relief shall be issued to restrain any further violation of this chapter.
(b) Oak removal permits approved pursuant to this chapter are construction projects as that term is used in Section 529.1 of the Code of Civil Procedure. In any civil action brought pursuant to this chapter in which a temporary restraining order, preliminary injunction, or permanent injunction is sought, it is not necessary to allege or prove at any stage of the proceeding either of the following:
(1) That irreparable damage will occur if the temporary restraining order, preliminary injunction, or permanent injunction is not issued.
(2) The remedy at law is inadequate.
1635.
The permittee shall cause an approved oak removal permit to be recorded in each county in which the property is located before beginning any operations contemplated under the permit.
1636.
(a) A person who violates this chapter is subject to a civil penalty of not more than twenty-five thousand dollars ($25,000) for each violation.
(b) The civil penalty imposed for each violation pursuant to this section is separate from, and in addition to, any other civil penalty imposed for a violation pursuant to this section or any other provision of law.
(c) In determining the amount of any civil penalty imposed pursuant to this section, the court shall take into consideration the nature, circumstance, extent, and gravity of the violation. In making this determination, the court may consider whether the effects of the violation may be reversed or mitigated, and with respect to the defendant, the ability to pay, any voluntary mitigation efforts undertaken, any prior history of violations, the gravity of the behavior, the economic benefit, if any, resulting from the violation, and any other matters the court determines justice may require.
(d) Every civil action brought under this section shall be brought by the Attorney General upon complaint by the department, or by the district attorney or city attorney in the name of the people of the State of California and any actions relating to the same violation may be joined or consolidated.
(e) All civil penalties collected pursuant to this section shall not be considered fines or forfeitures as described in Section 13003 and shall be apportioned in the following manner:
(1) Fifty percent shall be distributed to the county treasurer of the county in which the action is prosecuted. Amounts paid to the county treasurer shall be deposited in the county fish and wildlife propagation fund established pursuant to Section 13100.
(2) Fifty percent shall be distributed to the Wildlife Conservation Board for deposit in the Oak Woodlands Conservation Fund created by Section 1363. These funds may be expended to cover the costs of any legal actions or for any other law enforcement purpose consistent with Section 9 of Article XVI of the California Constitution.
SEC. 2.
Section 21083.4 of the Public Resources Code is repealed.
21083.4.
(a)For purposes of this section, “oak” means a native tree species in the genus Quercus, not designated as Group A or Group B commercial species pursuant to regulations adopted by the State Board of Forestry and Fire Protection pursuant to Section 4526, and that is 5 inches or more in diameter at breast height.
(b)As part of the determination made pursuant to Section 21080.1, a county shall determine whether a project within its jurisdiction may result in a conversion of oak woodlands that will have a significant effect on the environment. If a county determines that there may be a significant effect to oak woodlands, the county shall require one or more of the following oak woodlands mitigation alternatives to mitigate the significant effect of the conversion of oak woodlands:
(1)Conserve oak woodlands, through the use of conservation easements.
(2)(A)Plant an appropriate number of trees, including maintaining plantings and replacing dead or diseased trees.
(B)The requirement to maintain trees pursuant to this paragraph terminates seven years after the trees are planted.
(C)Mitigation pursuant to this paragraph shall not fulfill more than one-half of the mitigation requirement for the project.
(D)The requirements imposed pursuant to this paragraph also may be used to restore former oak woodlands.
(3)Contribute funds to the Oak Woodlands Conservation Fund, as established under subdivision (a) of Section 1363 of the Fish and Game Code, for the purpose of purchasing oak woodlands conservation easements, as specified under paragraph (1) of subdivision (d) of that section and the guidelines and criteria of the Wildlife Conservation Board. A project applicant that contributes funds under this paragraph shall not receive a grant from the Oak Woodlands Conservation Fund as part of the mitigation for the project.
(4)Other mitigation measures developed by the county.
(c)Notwithstanding subdivision (d) of Section 1363 of the Fish and Game Code, a county may use a grant awarded pursuant to the Oak Woodlands Conservation Act (Article 3.5 (commencing with Section 1360) of Chapter 4 of Division 2 of the Fish and Game Code) to prepare an oak conservation element for a general plan, an oak protection ordinance, or an oak woodlands management plan, or amendments thereto, that meets the requirements of this section.
(d)The following are exempt from this section:
(1)Projects undertaken pursuant to an approved Natural Community Conservation Plan or approved subarea plan within an approved Natural Community Conservation Plan that includes oaks as a covered species or that conserves oak habitat through natural community conservation preserve designation and implementation and mitigation measures that are consistent with this section.
(2)Affordable housing projects for lower income households, as defined pursuant to Section 50079.5 of the Health and Safety Code, that are located within an urbanized area, or within a sphere of influence as defined pursuant to Section 56076 of the Government Code.
(3)Conversion of oak woodlands on agricultural land that includes land that is used to produce or process plant and animal products for commercial purposes.
(4)Projects undertaken pursuant to Section 21080.5 of the Public Resources Code.
(e)(1)A lead agency that adopts, and a project that incorporates, one or more of the measures specified in this section to mitigate the significant effects to oaks and oak woodlands shall be deemed to be in compliance with this division only as it applies to effects on oaks and oak woodlands.
(2)The Legislature does not intend this section to modify requirements of this division, other than with regard to effects on oaks and oak woodlands.
(f)This section does not preclude the application of Section 21081 to a project.
(g)This section, and the regulations adopted pursuant to this section, shall not be construed as a limitation on the power of a public agency to comply with this division or any other provision of law.
SEC. 3.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
### Summary:
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The people of the State of California do enact as follows:
SECTION 1.
Section 32000 of the Penal Code is amended to read:
32000.
(a) A person in this state who manufactures or causes to be manufactured, imports into the state for sale, keeps for sale, offers or exposes for sale, gives, or lends an unsafe handgun shall be punished by imprisonment in a county jail not exceeding one year.
(b) This section shall not apply to any of the following:
(1) The manufacture in this state, or importation into this state, of a prototype handgun when the manufacture or importation is for the sole purpose of allowing an independent laboratory certified by the Department of Justice pursuant to Section 32010 to conduct an independent test to determine whether that handgun is prohibited by Sections 31900 to 32110, inclusive, and, if not, allowing the department to add the firearm to the roster of handguns that may be sold in this state pursuant to Section 32015.
(2) The importation or lending of a handgun by employees or authorized agents of entities determining whether the weapon is prohibited by this section.
(3) Firearms listed as curios or relics, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations.
(4) The sale or purchase of a handgun, if the handgun is sold to, or purchased by, the Department of Justice, a police department, a sheriff’s official, a marshal’s office, the Department of Corrections and Rehabilitation, the Department of the California Highway Patrol, any district attorney’s office, any federal law enforcement agency, or the military or naval forces of this state or of the United States for use in the discharge of their official duties. This section does not prohibit the sale to, or purchase by, sworn members of these agencies of a handgun.
(5) The sale, purchase, or delivery of a handgun, if the sale, purchase, or delivery of the handgun is made pursuant to subdivision (d) of Section 10334 of the Public Contract Code.
(6) Subject to the limitations set forth in subdivision (c), the sale or purchase of a handgun, if the handgun is sold to, or purchased by, any of the following entities or sworn members of these entities who have satisfactorily completed the firearms portion of a training course prescribed by the Commission on Peace Officer Standards and Training pursuant to Section 832:
(A) The Department of Parks and Recreation.
(B) The Department of Alcoholic Beverage Control.
(C) The Division of Investigation of the Department of Consumer Affairs.
(D) The Department of Motor Vehicles.
(E) The Fraud Division of the Department of Insurance.
(F) The State Department of State Hospitals.
(G) The Department of Fish and Wildlife.
(H) The State Department of Developmental Services.
(I) The Department of Forestry and Fire Protection.
(J) A county probation department.
(K) The Los Angeles World Airports, as defined in Section 830.15.
(L) A K–12 public school district for use by a school police officer, as described in Section 830.32.
(M) A municipal water district for use by a park ranger, as described in Section 830.34.
(N) A county for use by a welfare fraud investigator or inspector, as described in Section 830.35.
(O) A county for use by the coroner or the deputy coroner, as described in Section 830.35.
(P) The Supreme Court and the courts of appeal for use by marshals of the Supreme Court and bailiffs of the courts of appeal, and coordinators of security for the judicial branch, as described in Section 830.36.
(Q) A fire department or fire protection agency of a county, city, city and county, district, or the state for use by either of the following:
(i) A member of an arson-investigating unit, regularly paid and employed in that capacity pursuant to Section 830.37.
(ii) A member other than a member of an arson-investigating unit, regularly paid and employed in that capacity pursuant to Section 830.37.
(R) The University of California Police Department, or the California State University Police Departments, as described in Section 830.2.
(S) A California Community College police department, as described in Section 830.32.
(c) (1) Notwithstanding Section 26825, a person licensed pursuant to Sections 26700 to 26915, inclusive, shall not process the sale or transfer of an unsafe handgun between a person who has obtained an unsafe handgun pursuant to an exemption specified in paragraph (6) of subdivision (b) and a person who is not exempt from the requirements of this section.
(2) (A) A person who obtains an unsafe handgun pursuant to paragraph (6) of subdivision (b) shall, when leaving the handgun in an unattended vehicle, lock the handgun in the vehicle’s trunk, lock the handgun in a locked container and place the container out of plain view, or lock the handgun in a locked container that is permanently affixed to the vehicle’s interior and not in plain view.
(B) A violation of subparagraph (A) is an infraction punishable by a fine not exceeding one thousand dollars ($1,000).
(C) For purposes of this paragraph, the following definitions shall apply:
(i) “Vehicle” has the same meaning as defined in Section 670 of the Vehicle Code.
(ii) A vehicle is “unattended” when a person who is lawfully carrying or transporting a handgun in the vehicle is not within close proximity to the vehicle to reasonably prevent unauthorized access to the vehicle or its contents.
(iii) “Locked container” has the same meaning as defined in Section 16850.
(D) Subparagraph (A) does not apply to a peace officer during circumstances requiring immediate aid or action that are within the course of his or her official duties.
(E) This paragraph does not supersede any local ordinance that regulates the storage of handguns in unattended vehicles if the ordinance was in effect before the date of the enactment of the act that added this subparagraph.
(d) Violations of subdivision (a) are cumulative with respect to each handgun and shall not be construed as restricting the application of any other law. However, an act or omission punishable in different ways by this section and other provisions of law shall not be punished under more than one provision, but the penalty to be imposed shall be determined as set forth in Section 654.
SEC. 2.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. | Existing law makes it a crime for any person in this state to manufacture, import into the state for sale, keep for sale, offer or expose for sale, give, or lend an unsafe handgun. Under existing law, this prohibition does not apply to the sale or purchase of a handgun if the handgun is sold to, or purchased by, a police department, the Department of Corrections and Rehabilitation, or any federal law enforcement agency, among other entities.
This bill would also make the above prohibition inapplicable to the sale or purchase of a handgun if the handgun is sold to, or purchased by, specified entities or sworn members of those entities who have satisfactorily completed the firearms portion of a training course prescribed by the Commission on Peace Officer Standards and Training. The bill would prohibit a licensed firearms dealer from processing the sale or transfer of an unsafe handgun between a person who has obtained an unsafe handgun pursuant to this exemption and a person who is not exempt.
This bill would require a person, with exceptions, who obtains an unsafe handgun pursuant to this exemption to, when leaving the handgun in an unattended vehicle, as defined, lock the handgun in the vehicle’s trunk or lock the handgun in a locked container, as defined, and place the container out of plain view. The bill would make a violation of this provision an infraction punishable by a fine not exceeding $1,000. By creating a new crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
Section 32000 of the Penal Code is amended to read:
32000.
(a) A person in this state who manufactures or causes to be manufactured, imports into the state for sale, keeps for sale, offers or exposes for sale, gives, or lends an unsafe handgun shall be punished by imprisonment in a county jail not exceeding one year.
(b) This section shall not apply to any of the following:
(1) The manufacture in this state, or importation into this state, of a prototype handgun when the manufacture or importation is for the sole purpose of allowing an independent laboratory certified by the Department of Justice pursuant to Section 32010 to conduct an independent test to determine whether that handgun is prohibited by Sections 31900 to 32110, inclusive, and, if not, allowing the department to add the firearm to the roster of handguns that may be sold in this state pursuant to Section 32015.
(2) The importation or lending of a handgun by employees or authorized agents of entities determining whether the weapon is prohibited by this section.
(3) Firearms listed as curios or relics, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations.
(4) The sale or purchase of a handgun, if the handgun is sold to, or purchased by, the Department of Justice, a police department, a sheriff’s official, a marshal’s office, the Department of Corrections and Rehabilitation, the Department of the California Highway Patrol, any district attorney’s office, any federal law enforcement agency, or the military or naval forces of this state or of the United States for use in the discharge of their official duties. This section does not prohibit the sale to, or purchase by, sworn members of these agencies of a handgun.
(5) The sale, purchase, or delivery of a handgun, if the sale, purchase, or delivery of the handgun is made pursuant to subdivision (d) of Section 10334 of the Public Contract Code.
(6) Subject to the limitations set forth in subdivision (c), the sale or purchase of a handgun, if the handgun is sold to, or purchased by, any of the following entities or sworn members of these entities who have satisfactorily completed the firearms portion of a training course prescribed by the Commission on Peace Officer Standards and Training pursuant to Section 832:
(A) The Department of Parks and Recreation.
(B) The Department of Alcoholic Beverage Control.
(C) The Division of Investigation of the Department of Consumer Affairs.
(D) The Department of Motor Vehicles.
(E) The Fraud Division of the Department of Insurance.
(F) The State Department of State Hospitals.
(G) The Department of Fish and Wildlife.
(H) The State Department of Developmental Services.
(I) The Department of Forestry and Fire Protection.
(J) A county probation department.
(K) The Los Angeles World Airports, as defined in Section 830.15.
(L) A K–12 public school district for use by a school police officer, as described in Section 830.32.
(M) A municipal water district for use by a park ranger, as described in Section 830.34.
(N) A county for use by a welfare fraud investigator or inspector, as described in Section 830.35.
(O) A county for use by the coroner or the deputy coroner, as described in Section 830.35.
(P) The Supreme Court and the courts of appeal for use by marshals of the Supreme Court and bailiffs of the courts of appeal, and coordinators of security for the judicial branch, as described in Section 830.36.
(Q) A fire department or fire protection agency of a county, city, city and county, district, or the state for use by either of the following:
(i) A member of an arson-investigating unit, regularly paid and employed in that capacity pursuant to Section 830.37.
(ii) A member other than a member of an arson-investigating unit, regularly paid and employed in that capacity pursuant to Section 830.37.
(R) The University of California Police Department, or the California State University Police Departments, as described in Section 830.2.
(S) A California Community College police department, as described in Section 830.32.
(c) (1) Notwithstanding Section 26825, a person licensed pursuant to Sections 26700 to 26915, inclusive, shall not process the sale or transfer of an unsafe handgun between a person who has obtained an unsafe handgun pursuant to an exemption specified in paragraph (6) of subdivision (b) and a person who is not exempt from the requirements of this section.
(2) (A) A person who obtains an unsafe handgun pursuant to paragraph (6) of subdivision (b) shall, when leaving the handgun in an unattended vehicle, lock the handgun in the vehicle’s trunk, lock the handgun in a locked container and place the container out of plain view, or lock the handgun in a locked container that is permanently affixed to the vehicle’s interior and not in plain view.
(B) A violation of subparagraph (A) is an infraction punishable by a fine not exceeding one thousand dollars ($1,000).
(C) For purposes of this paragraph, the following definitions shall apply:
(i) “Vehicle” has the same meaning as defined in Section 670 of the Vehicle Code.
(ii) A vehicle is “unattended” when a person who is lawfully carrying or transporting a handgun in the vehicle is not within close proximity to the vehicle to reasonably prevent unauthorized access to the vehicle or its contents.
(iii) “Locked container” has the same meaning as defined in Section 16850.
(D) Subparagraph (A) does not apply to a peace officer during circumstances requiring immediate aid or action that are within the course of his or her official duties.
(E) This paragraph does not supersede any local ordinance that regulates the storage of handguns in unattended vehicles if the ordinance was in effect before the date of the enactment of the act that added this subparagraph.
(d) Violations of subdivision (a) are cumulative with respect to each handgun and shall not be construed as restricting the application of any other law. However, an act or omission punishable in different ways by this section and other provisions of law shall not be punished under more than one provision, but the penalty to be imposed shall be determined as set forth in Section 654.
SEC. 2.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
### Summary:
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The people of the State of California do enact as follows:
SECTION 1.
Section 22513 of the Vehicle Code is amended to read:
22513.
(a) (1) It is a misdemeanor for a towing company or the owner or operator of a tow truck to stop or cause a person to stop at the scene of an accident or near a disabled vehicle for the purpose of soliciting an engagement for towing services, either directly or indirectly, to furnish towing services, to move a vehicle from a highway, street, or public property when the vehicle has been left unattended or when there is an injury as the result of an accident, or to accrue charges for services furnished under those circumstances, unless requested to perform that service by a law enforcement officer or public agency pursuant to that agency’s procedures, or unless summoned to the scene or requested to stop by the owner or operator of a disabled vehicle.
(2) (A) A towing company or the owner or operator of a tow truck summoned, or alleging it was summoned, to the scene by the owner or operator of a disabled vehicle shall possess all of the following information in writing prior to arriving at the scene:
(i) The first and last name and working telephone number of the person who summoned it to the scene.
(ii) The make, model, year, and license plate number of the disabled vehicle.
(iii) The date and time it was summoned to the scene.
(iv) The name of the person who obtained the information in clauses (i), (ii), and (iii).
(B) A towing company or the owner or operator of a tow truck summoned, or alleging it was summoned, to the scene by a motor club, as defined by Section 12142 of the Insurance Code, pursuant to the request of the owner or operator of a disabled vehicle is exempt from the requirements of subparagraph (A), provided it possesses all of the following information in writing prior to arriving at the scene:
(i) The business name of the motor club.
(ii) The identification number the motor club assigns to the referral.
(iii) The date and time it was summoned to the scene by the motor club.
(3) A towing company or the owner or operator of a tow truck requested, or alleging it was requested, to stop at the scene by the owner or operator of a disabled vehicle shall possess all of the following information in writing upon arriving at the scene:
(A) The first and last name and working telephone number of the person who requested the stop.
(B) The make, model, and license plate number, if one is displayed, of the disabled vehicle.
(C) The date and time it was requested to stop.
(D) The name of the person who obtained the information in subparagraphs (A), (B), and (C).
(4) A towing company or the owner or operator of a tow truck summoned or requested, or alleging it was summoned or requested, by a law enforcement officer or public agency pursuant to that agency’s procedures to stop at the scene of an accident or near a disabled vehicle for the purpose of soliciting an engagement for towing services, either directly or indirectly, to furnish towing services, or that is expressly authorized to move a vehicle from a highway, street, or public property when the vehicle has been left unattended or when there is an injury as the result of an accident, shall possess all of the following in writing before leaving the scene:
(A) The identity of the law enforcement agency or public agency.
(B) The log number, call number, incident number, or dispatch number assigned to the incident by law enforcement or the public agency, or the surname and badge number of the law enforcement officer, or the surname and employee identification number of the public agency employee.
(C) The date and time of the summons, request, or express authorization.
(5) For purposes of this section, “writing” includes electronic records.
(b) The towing company or the owner or operator of a tow truck shall make the written information described in subdivision (a) available to law enforcement, upon request, from the time it appears at the scene until the time the vehicle is towed and released to a third party, and shall maintain that information for three years. The towing company or owner or operator of a tow truck shall make that information available for inspection and copying within 48 hours of a written request from any officer or agent of a police department, sheriff’s department, the Department of the California Highway Patrol, the Attorney General’s office, a district attorney’s office, or a city attorney’s office.
(c) (1) Prior to attaching a vehicle to the tow truck, if the vehicle owner or operator is present at the time and location of the anticipated tow, the towing company or the owner or operator of the tow truck shall furnish the vehicle’s owner or operator with a written itemized estimate of all charges and services to be performed. The estimate shall include all of the following:
(A) The name, address, telephone number, and motor carrier permit number of the towing company.
(B) The license plate number of the tow truck performing the tow.
(C) The first and last name of the towing operator, and if different than the towing operator, the first and last name of the person from the towing company furnishing the estimate.
(D) A description and cost for all services, including, but not limited to, charges for labor, special equipment, mileage from dispatch to return, and storage fees, expressed as a 24-hour rate.
(2) The tow truck operator shall obtain the vehicle owner or operator’s signature on the itemized estimate and shall furnish a copy to the person who signed the estimate.
(3) The requirements in paragraph (1) may be completed after the vehicle is attached and removed to the nearest safe shoulder or street if done at the request of law enforcement or a public agency, provided the estimate is furnished prior to the removal of the vehicle from the nearest safe shoulder or street.
(4) The towing company or the owner or operator of a tow truck shall maintain the written documents described in this subdivision for three years, and shall make them available for inspection and copying within 48 hours of a written request from any officer or agent of a police department, sheriff’s department, the Department of the California Highway Patrol, the Attorney General’s office, a district attorney’s office, or a city attorney’s office.
(5) This subdivision does not apply to a towing company or the owner or operator of a tow truck summoned to the scene by a motor club, as defined by Section 12142 of the Insurance Code, pursuant to the request of the owner or operator of a disabled vehicle.
(6) This subdivision does not apply to a towing company or the owner or operator of a tow truck summoned to the scene by law enforcement or a public agency pursuant to that agency’s procedures, and operating at the scene pursuant to a contract with that law enforcement agency or public agency.
(d) (1) Except as provided in paragraph (2), a towing company or the owner or operator of a tow truck shall not charge a fee for towing or storage, or both, of a vehicle in excess of the greater of the following:
(A) The fee that would have been charged for that towing or storage, or both, made at the request of a law enforcement agency under an agreement between a towing company and the law enforcement agency that exercises primary jurisdiction in the city in which the vehicle was, or was attempted to be, removed, or if not located within a city, the law enforcement agency that exercises primary jurisdiction in the county in which the vehicle was, or was attempted to be, removed.
(B) The fee that would have been charged for that towing or storage, or both, under the rate approved for that towing operator by the Department of the California Highway Patrol for the jurisdiction from which the vehicle was, or was attempted to be, removed.
(2) Paragraph (1) does not apply to the towing or transportation of a vehicle or temporary storage of a vehicle in transit, if the towing or transportation is performed with the prior consent of the owner or operator of the vehicle.
(3) No charge shall be made in excess of the estimated price without the prior consent of the vehicle owner or operator.
(4) All services rendered by a tow company or tow truck operator, including any warranty or zero cost services, shall be recorded on an invoice, as described in subdivision (e) of Section 22651.07. The towing company or the owner or operator of a tow truck shall maintain the written documents described in this subdivision for three years, and shall make the documents available for inspection and copying within 48 hours of a written request from any officer or agent of a police department, sheriff’s department, the Department of the California Highway Patrol, the Attorney General’s office, a district attorney’s office, or a city attorney’s office.
(e) A person who willfully violates subdivision (b), (c), or (d) is guilty of a misdemeanor, punishable by a fine of not more than two thousand five hundred dollars ($2,500), or by imprisonment in a county jail for not more than three months, or by both that fine and imprisonment.
(f) This section shall not apply to the following:
(1) A vehicle owned or operated by, or under contract to, a motor club, as defined by Section 12142 of the Insurance Code, which stops to provide services for which compensation is neither requested nor received, provided that those services may not include towing other than that which may be necessary to remove the vehicle to the nearest safe shoulder. The owner or operator of that vehicle may contact a law enforcement agency or other public agency on behalf of a motorist, but may not refer a motorist to a tow truck owner or operator, unless the motorist is a member of the motor club, the motorist is referred to a tow truck owner or operator under contract to the motor club, and, if there is a dispatch facility that services the area and is owned or operated by the motor club, the referral is made through that dispatch facility.
(2) A tow truck operator employed by a law enforcement agency or other public agency.
(3) A tow truck owner or operator acting under contract with a law enforcement or other public agency to abate abandoned vehicles, or to provide towing service or emergency road service to motorists while involved in freeway service patrol operations, to the extent authorized by law.
SEC. 2.
Section 22513.1 of the Vehicle Code is amended to read:
22513.1.
(a) (1) A business taking possession of a vehicle from a tow truck during hours the business is open to the public shall document all of the following:
(A) The name, address, and telephone number of the towing company.
(B) The name and driver’s license number, driver’s identification number issued by a motor club, as defined in Section 12142 of the Insurance Code, or other government authorized unique identifier of the tow truck operator.
(C) The make, model, and license plate or Vehicle Identification Number.
(D) The date and time that possession was taken of the vehicle.
(2) For purposes of subparagraph (B) of paragraph (1), if a tow truck operator refuses to provide information described in subparagraph (B) of paragraph (1) to a new motor vehicle dealer, as defined in Section 426, a new motor vehicle dealer is in compliance with this section if the new motor vehicle dealer documents the reasonable efforts made to obtain this information from the tow truck operator.
(b) A business taking possession of a vehicle from a tow truck when the business is closed to the public shall document all of the following:
(1) The make, model, and license plate or vehicle identification number.
(2) The date and time that the business first observed the vehicle on its property.
(3) The reasonable effort made by the business to contact the towing company, if identifying information was left with the vehicle, and the vehicle’s owner or operator to obtain and document both of the following:
(A) The name, address, and telephone number of the towing company.
(B) The name and driver’s license number, driver’s identification number issued by a motor club, as defined in Section 12142 of the Insurance Code, or other government authorized unique identifier of the tow truck operator.
(c) The information required in this section shall be maintained for three years and shall be available for inspection and copying within 48 hours of a written request by any officer or agent of a police department, a sheriff’s department, the Department of the California Highway Patrol, the Attorney General’s office, the Bureau of Automotive Repair, a district attorney’s office, or a city attorney’s office.
(d) For purposes of this section, a new motor vehicle dealer, as defined in Section 426, is not open to the public during hours its repair shop is closed to the public.
(e) A person who willfully violates this section is guilty of a misdemeanor, and is punishable by a fine of not more than two thousand five hundred dollars ($2,500), or by imprisonment in a county jail for not more than three months, or by both that fine and imprisonment. | Existing law requires a business taking possession of a vehicle from a tow truck to document specified information, including the make, model, and license plate or vehicle identification number of the vehicle. Existing law requires a business taking possession of a vehicle to obtain the specified information from the towing company the next day if the vehicle was dropped off after hours. Existing law requires the information to be maintained for 3 years and to be made available for inspection and copying within 48 hours of a written request by any officer or agent of a police department, a sheriff’s department, the Department of the California Highway Patrol, the Attorney General’s office, the Bureau of Automotive Repair, a district attorney’s office, or a city attorney’s office. A willful violation of these requirements is a misdemeanor, as specified.
This bill would specify that a business is required to document the specified information described above when it takes possession of a vehicle from a tow truck during hours the business is open to the public and would also authorize the business to document the tow truck driver’s identification number, as specified, or another government authorized unique identifier of the tow truck operator. The bill would require a business taking possession of a vehicle from a tow truck when the business is closed to the public to document the make, model, and license plate or vehicle identification number of the vehicle and the date and time that the business first observed the vehicle on its property. A business taking possession of a vehicle from a tow truck when the business is closed to the public would also be required to make reasonable efforts to contact the towing company and the vehicle’s owner or operator to document specified information from the towing company. The bill would delete the requirement that a business taking possession of a vehicle from a tow truck when the business is closed obtain specified information from the towing company by the next day.
Existing law makes it a misdemeanor for a towing company or the owner or operator of a tow truck to stop or cause a person to stop at the scene of an accident or near a disabled vehicle for the purpose of soliciting an engagement for towing services, to furnish towing services, to move a vehicle when the vehicle has been left unattended or when there is an injury as the result of an accident, or to accrue charges for services furnished under those circumstances, unless requested or summoned to perform that service. Existing law requires a towing company or the owner or operator of a tow truck to possess specified information in writing about the disabled vehicle. Existing law requires the information to be maintained for 3 years and to be made available for inspection and copying within 48 hours of a written request by any officer or agent of a police department, a sheriff’s department, the Department of the California Highway Patrol, the Attorney General’s office, a district attorney’s office, or a city attorney’s office.
This bill would require a towing company or the owner or operator of a tow truck to possess specified information in writing about the disabled vehicle and to maintain that information, as specified when it alleges it was requested or summoned to the scene. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
Section 22513 of the Vehicle Code is amended to read:
22513.
(a) (1) It is a misdemeanor for a towing company or the owner or operator of a tow truck to stop or cause a person to stop at the scene of an accident or near a disabled vehicle for the purpose of soliciting an engagement for towing services, either directly or indirectly, to furnish towing services, to move a vehicle from a highway, street, or public property when the vehicle has been left unattended or when there is an injury as the result of an accident, or to accrue charges for services furnished under those circumstances, unless requested to perform that service by a law enforcement officer or public agency pursuant to that agency’s procedures, or unless summoned to the scene or requested to stop by the owner or operator of a disabled vehicle.
(2) (A) A towing company or the owner or operator of a tow truck summoned, or alleging it was summoned, to the scene by the owner or operator of a disabled vehicle shall possess all of the following information in writing prior to arriving at the scene:
(i) The first and last name and working telephone number of the person who summoned it to the scene.
(ii) The make, model, year, and license plate number of the disabled vehicle.
(iii) The date and time it was summoned to the scene.
(iv) The name of the person who obtained the information in clauses (i), (ii), and (iii).
(B) A towing company or the owner or operator of a tow truck summoned, or alleging it was summoned, to the scene by a motor club, as defined by Section 12142 of the Insurance Code, pursuant to the request of the owner or operator of a disabled vehicle is exempt from the requirements of subparagraph (A), provided it possesses all of the following information in writing prior to arriving at the scene:
(i) The business name of the motor club.
(ii) The identification number the motor club assigns to the referral.
(iii) The date and time it was summoned to the scene by the motor club.
(3) A towing company or the owner or operator of a tow truck requested, or alleging it was requested, to stop at the scene by the owner or operator of a disabled vehicle shall possess all of the following information in writing upon arriving at the scene:
(A) The first and last name and working telephone number of the person who requested the stop.
(B) The make, model, and license plate number, if one is displayed, of the disabled vehicle.
(C) The date and time it was requested to stop.
(D) The name of the person who obtained the information in subparagraphs (A), (B), and (C).
(4) A towing company or the owner or operator of a tow truck summoned or requested, or alleging it was summoned or requested, by a law enforcement officer or public agency pursuant to that agency’s procedures to stop at the scene of an accident or near a disabled vehicle for the purpose of soliciting an engagement for towing services, either directly or indirectly, to furnish towing services, or that is expressly authorized to move a vehicle from a highway, street, or public property when the vehicle has been left unattended or when there is an injury as the result of an accident, shall possess all of the following in writing before leaving the scene:
(A) The identity of the law enforcement agency or public agency.
(B) The log number, call number, incident number, or dispatch number assigned to the incident by law enforcement or the public agency, or the surname and badge number of the law enforcement officer, or the surname and employee identification number of the public agency employee.
(C) The date and time of the summons, request, or express authorization.
(5) For purposes of this section, “writing” includes electronic records.
(b) The towing company or the owner or operator of a tow truck shall make the written information described in subdivision (a) available to law enforcement, upon request, from the time it appears at the scene until the time the vehicle is towed and released to a third party, and shall maintain that information for three years. The towing company or owner or operator of a tow truck shall make that information available for inspection and copying within 48 hours of a written request from any officer or agent of a police department, sheriff’s department, the Department of the California Highway Patrol, the Attorney General’s office, a district attorney’s office, or a city attorney’s office.
(c) (1) Prior to attaching a vehicle to the tow truck, if the vehicle owner or operator is present at the time and location of the anticipated tow, the towing company or the owner or operator of the tow truck shall furnish the vehicle’s owner or operator with a written itemized estimate of all charges and services to be performed. The estimate shall include all of the following:
(A) The name, address, telephone number, and motor carrier permit number of the towing company.
(B) The license plate number of the tow truck performing the tow.
(C) The first and last name of the towing operator, and if different than the towing operator, the first and last name of the person from the towing company furnishing the estimate.
(D) A description and cost for all services, including, but not limited to, charges for labor, special equipment, mileage from dispatch to return, and storage fees, expressed as a 24-hour rate.
(2) The tow truck operator shall obtain the vehicle owner or operator’s signature on the itemized estimate and shall furnish a copy to the person who signed the estimate.
(3) The requirements in paragraph (1) may be completed after the vehicle is attached and removed to the nearest safe shoulder or street if done at the request of law enforcement or a public agency, provided the estimate is furnished prior to the removal of the vehicle from the nearest safe shoulder or street.
(4) The towing company or the owner or operator of a tow truck shall maintain the written documents described in this subdivision for three years, and shall make them available for inspection and copying within 48 hours of a written request from any officer or agent of a police department, sheriff’s department, the Department of the California Highway Patrol, the Attorney General’s office, a district attorney’s office, or a city attorney’s office.
(5) This subdivision does not apply to a towing company or the owner or operator of a tow truck summoned to the scene by a motor club, as defined by Section 12142 of the Insurance Code, pursuant to the request of the owner or operator of a disabled vehicle.
(6) This subdivision does not apply to a towing company or the owner or operator of a tow truck summoned to the scene by law enforcement or a public agency pursuant to that agency’s procedures, and operating at the scene pursuant to a contract with that law enforcement agency or public agency.
(d) (1) Except as provided in paragraph (2), a towing company or the owner or operator of a tow truck shall not charge a fee for towing or storage, or both, of a vehicle in excess of the greater of the following:
(A) The fee that would have been charged for that towing or storage, or both, made at the request of a law enforcement agency under an agreement between a towing company and the law enforcement agency that exercises primary jurisdiction in the city in which the vehicle was, or was attempted to be, removed, or if not located within a city, the law enforcement agency that exercises primary jurisdiction in the county in which the vehicle was, or was attempted to be, removed.
(B) The fee that would have been charged for that towing or storage, or both, under the rate approved for that towing operator by the Department of the California Highway Patrol for the jurisdiction from which the vehicle was, or was attempted to be, removed.
(2) Paragraph (1) does not apply to the towing or transportation of a vehicle or temporary storage of a vehicle in transit, if the towing or transportation is performed with the prior consent of the owner or operator of the vehicle.
(3) No charge shall be made in excess of the estimated price without the prior consent of the vehicle owner or operator.
(4) All services rendered by a tow company or tow truck operator, including any warranty or zero cost services, shall be recorded on an invoice, as described in subdivision (e) of Section 22651.07. The towing company or the owner or operator of a tow truck shall maintain the written documents described in this subdivision for three years, and shall make the documents available for inspection and copying within 48 hours of a written request from any officer or agent of a police department, sheriff’s department, the Department of the California Highway Patrol, the Attorney General’s office, a district attorney’s office, or a city attorney’s office.
(e) A person who willfully violates subdivision (b), (c), or (d) is guilty of a misdemeanor, punishable by a fine of not more than two thousand five hundred dollars ($2,500), or by imprisonment in a county jail for not more than three months, or by both that fine and imprisonment.
(f) This section shall not apply to the following:
(1) A vehicle owned or operated by, or under contract to, a motor club, as defined by Section 12142 of the Insurance Code, which stops to provide services for which compensation is neither requested nor received, provided that those services may not include towing other than that which may be necessary to remove the vehicle to the nearest safe shoulder. The owner or operator of that vehicle may contact a law enforcement agency or other public agency on behalf of a motorist, but may not refer a motorist to a tow truck owner or operator, unless the motorist is a member of the motor club, the motorist is referred to a tow truck owner or operator under contract to the motor club, and, if there is a dispatch facility that services the area and is owned or operated by the motor club, the referral is made through that dispatch facility.
(2) A tow truck operator employed by a law enforcement agency or other public agency.
(3) A tow truck owner or operator acting under contract with a law enforcement or other public agency to abate abandoned vehicles, or to provide towing service or emergency road service to motorists while involved in freeway service patrol operations, to the extent authorized by law.
SEC. 2.
Section 22513.1 of the Vehicle Code is amended to read:
22513.1.
(a) (1) A business taking possession of a vehicle from a tow truck during hours the business is open to the public shall document all of the following:
(A) The name, address, and telephone number of the towing company.
(B) The name and driver’s license number, driver’s identification number issued by a motor club, as defined in Section 12142 of the Insurance Code, or other government authorized unique identifier of the tow truck operator.
(C) The make, model, and license plate or Vehicle Identification Number.
(D) The date and time that possession was taken of the vehicle.
(2) For purposes of subparagraph (B) of paragraph (1), if a tow truck operator refuses to provide information described in subparagraph (B) of paragraph (1) to a new motor vehicle dealer, as defined in Section 426, a new motor vehicle dealer is in compliance with this section if the new motor vehicle dealer documents the reasonable efforts made to obtain this information from the tow truck operator.
(b) A business taking possession of a vehicle from a tow truck when the business is closed to the public shall document all of the following:
(1) The make, model, and license plate or vehicle identification number.
(2) The date and time that the business first observed the vehicle on its property.
(3) The reasonable effort made by the business to contact the towing company, if identifying information was left with the vehicle, and the vehicle’s owner or operator to obtain and document both of the following:
(A) The name, address, and telephone number of the towing company.
(B) The name and driver’s license number, driver’s identification number issued by a motor club, as defined in Section 12142 of the Insurance Code, or other government authorized unique identifier of the tow truck operator.
(c) The information required in this section shall be maintained for three years and shall be available for inspection and copying within 48 hours of a written request by any officer or agent of a police department, a sheriff’s department, the Department of the California Highway Patrol, the Attorney General’s office, the Bureau of Automotive Repair, a district attorney’s office, or a city attorney’s office.
(d) For purposes of this section, a new motor vehicle dealer, as defined in Section 426, is not open to the public during hours its repair shop is closed to the public.
(e) A person who willfully violates this section is guilty of a misdemeanor, and is punishable by a fine of not more than two thousand five hundred dollars ($2,500), or by imprisonment in a county jail for not more than three months, or by both that fine and imprisonment.
### Summary:
<bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos> |
The people of the State of California do enact as follows:
SECTION 1.
Section 2192 of the Streets and Highways Code is amended to read:
2192.
(a) (1) The Trade Corridors Improvement Fund, created pursuant to subdivision (c) of Section 8879.23 of the Government Code, is hereby continued in existence to receive revenues from state sources other than the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006.
(2) Revenues apportioned to the state under Section 167 of Title 23 of the United States Code from the National Highway Freight Program, pursuant to the federal Fixing America’s Surface Transportation Act (“FAST Act”; Public Law 114-94) shall be allocated for projects approved pursuant to this chapter.
(b) This chapter shall govern expenditure of those state and federal revenues described in subdivision (a).
(c) The funding described in subdivision (a) shall be available upon appropriation for allocation by the California Transportation Commission for infrastructure improvements in this state on federally designated Trade Corridors of National and Regional Significance, on the Primary Freight Network, and along other corridors that have a high volume of freight movement, as determined by the commission. In determining the projects eligible for funding, the commission shall consult the Transportation Agency’s state freight plan as described in Section 13978.8 of the Government Code and the California Sustainable Freight Action Plan released in July 2016 pursuant to Executive Order B-32-15. The commission shall also consult trade infrastructure and goods movement plans adopted by regional transportation planning agencies, adopted regional transportation plans required by state and federal law, and the applicable port master plan when determining eligible projects for funding. Eligible projects for the funding described in subdivision (a) shall further the state’s economic, environmental, and public health objectives and goals for freight policy, as articulated in the plans to be consulted pursuant to this subdivision, and may include, but are not limited to, all of the following:
(1) Highway capacity improvements, rail landside access improvements, landside freight access improvements to airports, and operational improvements to more efficiently accommodate the movement of freight, particularly for ingress and egress to and from the state’s land ports of entry, rail terminals, and seaports, including navigable inland waterways used to transport freight between seaports, land ports of entry, and airports, and to relieve traffic congestion along major trade or goods movement corridors.
(2) Freight rail system improvements to enhance the ability to move goods from seaports, land ports of entry, and airports to warehousing and distribution centers throughout California, including projects that separate rail lines from highway or local road traffic, improve freight rail mobility through mountainous regions, relocate rail switching yards, and other projects that improve the efficiency and capacity of the rail freight system.
(3) Projects to enhance the capacity and efficiency of ports.
(4) Truck corridor and capital and operational improvements, including dedicated truck facilities or truck toll facilities.
(5) Border capital and operational improvements that enhance goods movement between California and Mexico and that maximize the state’s ability to access funds made available to the state by federal law.
(6) Surface transportation and connector road improvements to effectively facilitate the movement of goods, particularly for ingress and egress to and from the state’s land ports of entry, airports, and seaports, to relieve traffic congestion along major trade or goods movement corridors.
(d) (1) In selecting projects for inclusion in the program of projects to be funded with funds described in subdivision (a), the commission shall evaluate the total potential costs and total potential economic and noneconomic benefits of the program to California’s economy, environment, and public health. The commission shall consult with the State Air Resources Board in order to utilize the appropriate models, techniques, and methods to develop the parameters for evaluation of projects. The commission shall allocate the funding described in subdivision (a) for trade infrastructure improvements consistent with Section 8879.52 of the Government Code and the Trade Corridors Improvement Fund (TCIF) Guidelines adopted by the commission on November 27, 2007, or as amended by the commission, and in a manner that (A) addresses the state’s most urgent needs, (B) balances the demands of various land ports of entry, seaports, and airports, (C) provides reasonable geographic balance between the state’s regions, (D) places emphasis on projects that improve trade corridor mobility and safety while reducing emissions of diesel particulates, greenhouse gases, and other pollutants, and reducing other negative community impacts, and (E) makes a significant contribution to the state’s economy. The commission shall adopt any amendments to the 2007 guidelines on or before April 1, 2017.
(2) In adopting amended guidelines, and developing and adopting the program of projects, the commission shall do all of the following:
(A) Accept nominations for projects to be included in the program of projects from regional and local transportation agencies and the Department of Transportation.
(B) Recognize the key role of the state in project identification and support integrating statewide goods movement priorities into the corridor approach.
(C) Make a finding that adoption and delivery of the program of projects is in the public interest.
(3) In addition, the commission shall also consider the following factors when allocating these funds:
(A) “Velocity,” which means the speed by which large cargo would travel from the land port of entry or seaport through the distribution system.
(B) “Throughput,” which means the volume of cargo that would move from the land port of entry or seaport through the distribution system.
(C) “Reliability,” which means a reasonably consistent and predictable amount of time for cargo to travel from one point to another on any given day or at any given time in California.
(D) “Congestion reduction,” which means the reduction in recurrent daily hours of delay to be achieved.
SEC. 2.
Section 2192.2 of the Streets and Highways Code is amended to read:
2192.2.
The commission shall allocate funds made available by this chapter to projects that have identified and committed supplemental funding from appropriate local, federal, or private sources. The commission shall determine the appropriate amount of supplemental funding each project should have to be eligible for moneys based on a project-by-project review and an assessment of the project’s benefit to the state and the program. Funded improvements shall have supplemental funding that is at least equal to the amount of the contribution under this chapter. The commission may give priority for funding to projects with higher levels of committed supplemental funding. | The Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 (Proposition 1B) created the Trade Corridors Improvement Fund and provided for allocation by the California Transportation Commission of $2 billion in bond funds for infrastructure improvements on highway and rail corridors that have a high volume of freight movement, and specified categories of projects eligible to receive these funds. Existing law continues the Trade Corridors Improvement Fund in existence in order to receive revenues from sources other than the bond act for these purposes.
This bill would require revenues apportioned to the state from the National Highway Freight Program established by the federal Fixing America’s Surface Transportation Act to be allocated for trade corridor improvement projects approved pursuant to these provisions.
Existing law requires the commission, in determining projects eligible for funding, to consult various state freight and regional infrastructure and goods movement plans and the statewide port master plan.
This bill would delete consideration of the State Air Resources Board’s Sustainable Freight Strategy and the statewide port master plan and would instead include consideration of the applicable port master plan and the California Sustainable Freight Action Plan of July 2016 when determining eligible projects for funding. The bill would also expand eligible projects to include rail landside access improvements, landside freight access improvements to airports, and certain capital and operational improvements. The bill would require the commission to use existing guidelines for the Trade Corridors Improvement Fund in allocating available funding but would authorize the commission to adopt amendments to the guidelines by April 1, 2017, and would impose various other requirements on the commission. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
Section 2192 of the Streets and Highways Code is amended to read:
2192.
(a) (1) The Trade Corridors Improvement Fund, created pursuant to subdivision (c) of Section 8879.23 of the Government Code, is hereby continued in existence to receive revenues from state sources other than the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006.
(2) Revenues apportioned to the state under Section 167 of Title 23 of the United States Code from the National Highway Freight Program, pursuant to the federal Fixing America’s Surface Transportation Act (“FAST Act”; Public Law 114-94) shall be allocated for projects approved pursuant to this chapter.
(b) This chapter shall govern expenditure of those state and federal revenues described in subdivision (a).
(c) The funding described in subdivision (a) shall be available upon appropriation for allocation by the California Transportation Commission for infrastructure improvements in this state on federally designated Trade Corridors of National and Regional Significance, on the Primary Freight Network, and along other corridors that have a high volume of freight movement, as determined by the commission. In determining the projects eligible for funding, the commission shall consult the Transportation Agency’s state freight plan as described in Section 13978.8 of the Government Code and the California Sustainable Freight Action Plan released in July 2016 pursuant to Executive Order B-32-15. The commission shall also consult trade infrastructure and goods movement plans adopted by regional transportation planning agencies, adopted regional transportation plans required by state and federal law, and the applicable port master plan when determining eligible projects for funding. Eligible projects for the funding described in subdivision (a) shall further the state’s economic, environmental, and public health objectives and goals for freight policy, as articulated in the plans to be consulted pursuant to this subdivision, and may include, but are not limited to, all of the following:
(1) Highway capacity improvements, rail landside access improvements, landside freight access improvements to airports, and operational improvements to more efficiently accommodate the movement of freight, particularly for ingress and egress to and from the state’s land ports of entry, rail terminals, and seaports, including navigable inland waterways used to transport freight between seaports, land ports of entry, and airports, and to relieve traffic congestion along major trade or goods movement corridors.
(2) Freight rail system improvements to enhance the ability to move goods from seaports, land ports of entry, and airports to warehousing and distribution centers throughout California, including projects that separate rail lines from highway or local road traffic, improve freight rail mobility through mountainous regions, relocate rail switching yards, and other projects that improve the efficiency and capacity of the rail freight system.
(3) Projects to enhance the capacity and efficiency of ports.
(4) Truck corridor and capital and operational improvements, including dedicated truck facilities or truck toll facilities.
(5) Border capital and operational improvements that enhance goods movement between California and Mexico and that maximize the state’s ability to access funds made available to the state by federal law.
(6) Surface transportation and connector road improvements to effectively facilitate the movement of goods, particularly for ingress and egress to and from the state’s land ports of entry, airports, and seaports, to relieve traffic congestion along major trade or goods movement corridors.
(d) (1) In selecting projects for inclusion in the program of projects to be funded with funds described in subdivision (a), the commission shall evaluate the total potential costs and total potential economic and noneconomic benefits of the program to California’s economy, environment, and public health. The commission shall consult with the State Air Resources Board in order to utilize the appropriate models, techniques, and methods to develop the parameters for evaluation of projects. The commission shall allocate the funding described in subdivision (a) for trade infrastructure improvements consistent with Section 8879.52 of the Government Code and the Trade Corridors Improvement Fund (TCIF) Guidelines adopted by the commission on November 27, 2007, or as amended by the commission, and in a manner that (A) addresses the state’s most urgent needs, (B) balances the demands of various land ports of entry, seaports, and airports, (C) provides reasonable geographic balance between the state’s regions, (D) places emphasis on projects that improve trade corridor mobility and safety while reducing emissions of diesel particulates, greenhouse gases, and other pollutants, and reducing other negative community impacts, and (E) makes a significant contribution to the state’s economy. The commission shall adopt any amendments to the 2007 guidelines on or before April 1, 2017.
(2) In adopting amended guidelines, and developing and adopting the program of projects, the commission shall do all of the following:
(A) Accept nominations for projects to be included in the program of projects from regional and local transportation agencies and the Department of Transportation.
(B) Recognize the key role of the state in project identification and support integrating statewide goods movement priorities into the corridor approach.
(C) Make a finding that adoption and delivery of the program of projects is in the public interest.
(3) In addition, the commission shall also consider the following factors when allocating these funds:
(A) “Velocity,” which means the speed by which large cargo would travel from the land port of entry or seaport through the distribution system.
(B) “Throughput,” which means the volume of cargo that would move from the land port of entry or seaport through the distribution system.
(C) “Reliability,” which means a reasonably consistent and predictable amount of time for cargo to travel from one point to another on any given day or at any given time in California.
(D) “Congestion reduction,” which means the reduction in recurrent daily hours of delay to be achieved.
SEC. 2.
Section 2192.2 of the Streets and Highways Code is amended to read:
2192.2.
The commission shall allocate funds made available by this chapter to projects that have identified and committed supplemental funding from appropriate local, federal, or private sources. The commission shall determine the appropriate amount of supplemental funding each project should have to be eligible for moneys based on a project-by-project review and an assessment of the project’s benefit to the state and the program. Funded improvements shall have supplemental funding that is at least equal to the amount of the contribution under this chapter. The commission may give priority for funding to projects with higher levels of committed supplemental funding.
### Summary:
This bill would amend Section 2192 of the Streets and Highways Code to allow for the allocation of funds for projects approved pursuant to the Trade Corrid |
The people of the State of California do enact as follows:
SECTION 1.
Section 23356.2 of the Business and Professions Code is amended to read:
23356.2.
(a) No license or permit shall be required for the manufacture of beer or wine for personal or family use, and not for sale, by a person over 21 years of age. The aggregate amount of beer or wine with respect to any household shall not exceed (1) 100 gallons per calendar year if there is only one adult in the household or (2) 200 gallons per calendar year if there are two or more adults in the household.
(b) Beer or wine produced pursuant to this section may be removed from the premises where made only under any of the following circumstances:
(1) For use, including in a bona fide competition or judging or a bona fide exhibition or tasting.
(2) For personal or family use.
(3) When donated to a nonprofit organization for use as provided in subdivision (c) or (d).
(4) Beer or wine produced pursuant to this section may only be provided or served to the public pursuant to paragraphs (1) and (3) within a clearly identified area, that includes, but is not limited to, a physical barrier with a monitored point of entry. Beer or wine produced by a beer manufacturer or winegrower as defined in Sections 23012 and 23013, respectively, and licensed by the department, shall not be provided or served to the public within this area.
(5) (A) Beer produced pursuant to this section may be removed from the premises where made in connection with a homebrewers club meeting or bona fide home brewed beer competition that is held on the premises of an authorized licensee. Homebrewers may exchange containers of home brewed beer during the club meeting or bona fide home brewed beer competition. Home brewed beer made by the club members may be consumed by club members while on the licensed premises during the club meeting or by competition organizers, competition judges, and competition stewards on licensed premises during a bona fide home brewed beer competition. Patrons of the authorized licensee that are not club members, competition organizers, competition judges, or competition stewards shall not consume any home brewed beer.
(B) The authorized licensee shall designate, by signage or other item, which tables within the licensed premises shall be used by club members during the club meeting or bona fide home brewed beer competition.
(C) For purposes of this paragraph, “authorized licensee” means a licensee that holds an on-sale beer license, an on-sale beer and wine license for a bona fide public eating place, an on-sale beer and wine for public premises license, an on-sale general license for a bona fide eating place, a club license, a veterans’ club license, an on-sale general brew pub license, an on-sale general license for public premises, a beer manufacturer’s license, or a small beer manufacturer’s license.
(c) (1) Beer or wine produced pursuant to this section may be donated to a nonprofit organization for sale at fundraising events conducted solely by and for the benefit of the nonprofit organization. Beer and wine donated pursuant to this subdivision may be sold by the nonprofit organization only for consumption on the premises of the fundraising event, under a license issued by the department to the nonprofit organization pursuant to this division.
(2) Beer or wine donated and sold pursuant to this subdivision shall bear a label identifying its producer and stating that the beer or wine is homemade and not available for sale or for consumption off the licensed premises. The beer or wine is not required to comply with other labeling requirements under this division. However, nothing in this paragraph authorizes the use of any false or misleading information on a beer or wine label.
(3) A nonprofit organization established for the purpose of promoting home production of beer or wine, or whose membership is composed primarily of home brewers or home winemakers, shall not be eligible to sell beer pursuant to this subdivision.
(d) A nonprofit organization established for the purpose of promoting home production of beer shall be eligible to serve beer at a fundraising event conducted solely for the benefit of the nonprofit organization pursuant to this subdivision, subject to the following conditions:
(1) The beer that is served is donated by home brewers.
(2) The nonprofit organization shall be issued no more than two permits per calendar year for the serving of beer pursuant to this subdivision.
(3) The nonprofit organization shall display a printed notice at the event that states that home brewed beer is not a regulated product subject to health and safety standards.
(4) The event shall have an educational component that includes instruction on the subject of beer, including, but not limited to, the history, nature, values, and characteristics of beer, the use of beer lists, and the methods of presenting and serving beer.
(5) Only bona fide members of the nonprofit organization may attend the event.
(6) The nonprofit organization shall not solicit or sign up individuals to be members of the nonprofit organization on the day of the event at the event premises.
(7) The nonprofit organization shall provide the department with the number of members that have registered for the event and the estimated number that will be in attendance, 48 hours before the event. This paragraph shall apply only if more than 50 members are expected to be in attendance at the event.
(e) Except as provided in subdivision (c), this section does not authorize the sale or offering for sale by any person of any beer or wine produced pursuant to this section.
(f) Except as provided herein, nothing in this section authorizes any activity in violation of Section 23300, 23355, or 23399.1. | Existing law authorizes a person to manufacture beer or wine for personal or family use without the need for a license or permit, as provided. Existing law authorizes the removal of beer or wine from the premises where made for personal or family use, for specified purposes, including at bona fide competitions or exhibitions.
This bill would permit the removal and use of home brewed beer in connection with a club meeting or home brewed beer competition held on the premises of an authorized licensee. The bill would also permit club members to exchange and consume home brewed beer at this type of meeting, would allow specified persons to consume home brewed beer during a competition, and would require tables used for the meeting or competition to be designated by the authorized licensee, as specified. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
Section 23356.2 of the Business and Professions Code is amended to read:
23356.2.
(a) No license or permit shall be required for the manufacture of beer or wine for personal or family use, and not for sale, by a person over 21 years of age. The aggregate amount of beer or wine with respect to any household shall not exceed (1) 100 gallons per calendar year if there is only one adult in the household or (2) 200 gallons per calendar year if there are two or more adults in the household.
(b) Beer or wine produced pursuant to this section may be removed from the premises where made only under any of the following circumstances:
(1) For use, including in a bona fide competition or judging or a bona fide exhibition or tasting.
(2) For personal or family use.
(3) When donated to a nonprofit organization for use as provided in subdivision (c) or (d).
(4) Beer or wine produced pursuant to this section may only be provided or served to the public pursuant to paragraphs (1) and (3) within a clearly identified area, that includes, but is not limited to, a physical barrier with a monitored point of entry. Beer or wine produced by a beer manufacturer or winegrower as defined in Sections 23012 and 23013, respectively, and licensed by the department, shall not be provided or served to the public within this area.
(5) (A) Beer produced pursuant to this section may be removed from the premises where made in connection with a homebrewers club meeting or bona fide home brewed beer competition that is held on the premises of an authorized licensee. Homebrewers may exchange containers of home brewed beer during the club meeting or bona fide home brewed beer competition. Home brewed beer made by the club members may be consumed by club members while on the licensed premises during the club meeting or by competition organizers, competition judges, and competition stewards on licensed premises during a bona fide home brewed beer competition. Patrons of the authorized licensee that are not club members, competition organizers, competition judges, or competition stewards shall not consume any home brewed beer.
(B) The authorized licensee shall designate, by signage or other item, which tables within the licensed premises shall be used by club members during the club meeting or bona fide home brewed beer competition.
(C) For purposes of this paragraph, “authorized licensee” means a licensee that holds an on-sale beer license, an on-sale beer and wine license for a bona fide public eating place, an on-sale beer and wine for public premises license, an on-sale general license for a bona fide eating place, a club license, a veterans’ club license, an on-sale general brew pub license, an on-sale general license for public premises, a beer manufacturer’s license, or a small beer manufacturer’s license.
(c) (1) Beer or wine produced pursuant to this section may be donated to a nonprofit organization for sale at fundraising events conducted solely by and for the benefit of the nonprofit organization. Beer and wine donated pursuant to this subdivision may be sold by the nonprofit organization only for consumption on the premises of the fundraising event, under a license issued by the department to the nonprofit organization pursuant to this division.
(2) Beer or wine donated and sold pursuant to this subdivision shall bear a label identifying its producer and stating that the beer or wine is homemade and not available for sale or for consumption off the licensed premises. The beer or wine is not required to comply with other labeling requirements under this division. However, nothing in this paragraph authorizes the use of any false or misleading information on a beer or wine label.
(3) A nonprofit organization established for the purpose of promoting home production of beer or wine, or whose membership is composed primarily of home brewers or home winemakers, shall not be eligible to sell beer pursuant to this subdivision.
(d) A nonprofit organization established for the purpose of promoting home production of beer shall be eligible to serve beer at a fundraising event conducted solely for the benefit of the nonprofit organization pursuant to this subdivision, subject to the following conditions:
(1) The beer that is served is donated by home brewers.
(2) The nonprofit organization shall be issued no more than two permits per calendar year for the serving of beer pursuant to this subdivision.
(3) The nonprofit organization shall display a printed notice at the event that states that home brewed beer is not a regulated product subject to health and safety standards.
(4) The event shall have an educational component that includes instruction on the subject of beer, including, but not limited to, the history, nature, values, and characteristics of beer, the use of beer lists, and the methods of presenting and serving beer.
(5) Only bona fide members of the nonprofit organization may attend the event.
(6) The nonprofit organization shall not solicit or sign up individuals to be members of the nonprofit organization on the day of the event at the event premises.
(7) The nonprofit organization shall provide the department with the number of members that have registered for the event and the estimated number that will be in attendance, 48 hours before the event. This paragraph shall apply only if more than 50 members are expected to be in attendance at the event.
(e) Except as provided in subdivision (c), this section does not authorize the sale or offering for sale by any person of any beer or wine produced pursuant to this section.
(f) Except as provided herein, nothing in this section authorizes any activity in violation of Section 23300, 23355, or 23399.1.
### Summary:
<bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos> |
The people of the State of California do enact as follows:
SECTION 1.
Section 8698 of the Government Code is amended to read:
8698.
For purposes of this chapter, the following definitions shall apply:
(a) “Political subdivision” includes the state, any city, city and county, county, special district, or school district or public agency authorized by law.
(b) “Governing body” means the following:
(1) The Governor for the state.
(2) The legislative body for a city or city and county.
(3) The board of supervisors for a county.
(4) The governing board or board of trustees for a district or other public agency.
(5) An official designated by ordinance or resolution adopted by a governing body, as defined in paragraph (2), (3), or (4).
(c) “Public facility” means any facility of a political subdivision including parks, schools, and vacant or underutilized facilities which are owned, operated, leased, or maintained, or any combination thereof, by the political subdivision through money derived by taxation or assessment.
(d) “Declaration of a shelter crisis” means the duly proclaimed existence of a situation in which a significant number of persons are without the ability to obtain shelter, resulting in a threat to their health and safety.
(e) “Emergency bridge housing community” means any new or existing facilities, including, but not limited to, housing in temporary structures, including, but not limited to, emergency sleeping cabins consistent with the requirements of subdivision (h) of Section 8698.3 that are reserved for homeless persons and families, together with community support facilities, including, but not limited to, showers and bathrooms adequate to serve the anticipated number of residents all of which may be located on property leased or owned by a political subdivision. An emergency bridge housing community shall include supportive and self-sufficiency development services, have the ultimate goal of moving homeless persons to permanent housing as quickly as reasonably possible, and limit rents and service fees to an ability-to-pay formula reasonably consistent with the United States Department of Housing and Urban Development’s requirements for subsidized housing for low-income persons.
SEC. 2.
Section 8698.3 is added to the Government Code, to read:
8698.3.
Notwithstanding any other provisions in this chapter, upon a declaration of a shelter crisis by the City of San Jose, the following shall apply during a shelter crisis:
(a) Emergency housing may include an emergency bridge housing community for the homeless located or constructed on any city-owned or city-leased land, including land acquired with low- and moderate-income housing funds.
(b) (1) The city, in lieu of compliance with state and local building, housing, health, habitability, or safety standards and laws, may adopt by ordinance reasonable local standards for the design, site development, and operation of emergency bridge housing communities and the structures and facilities therein, to the extent that it is determined at the time of adoption that strict compliance with state and local standards or laws in existence at the time of that adoption would in any way prevent, hinder, or delay the mitigation of the effects of the shelter crisis. The Department of Housing and Community Development shall review the city’s draft ordinance to ensure it addresses minimum health and safety standards. The department shall, as set forth in Section 9795 of the Government Code, provide its findings to the Senate and Assembly housing committees and the Senate Judiciary Committee within 30 calendar days of receiving the draft ordinance.
(2) During the shelter crisis, except as provided in this section, provisions of any state or local building, housing, health, habitability, or safety standards or laws shall be suspended for the emergency bridge housing communities provided that the city has adopted health and safety standards for emergency bridge housing communities consistent with ensuring minimal public health and safety and those standards are complied with. Landlord tenant laws codified in Sections 1941 to 1942.5, inclusive, of the Civil Code providing a cause of action for habitability or tenantability, shall be suspended for the emergency bridgeation of the shelter crisis.
(e) The city shall match each resident of an emergency bridge housing community to an affordable housing unit identified in the city’s housing plan that shall be available for the resident to live in on or before January 1, 2022.
(f) On or before July 1, 2017, the city shall develop a plan for every emergency bridge housing community to include on-site supportive services. The city shall make the report publicly available.
(g) On or before January 1, 2018, and annually thereafter, the city shall report to the Legislature the number of residents in every emergency bridge housing community, the number of residents who have moved from an emergency bridge housing community into permanent affordable housing, the average time required for a resident to receive a permanent affordable housing unit, and the actual and projected number of permanent affordable housing units available through January 1, 2022.
(h) An “emergency sleeping cabin” means a relocatable hard-sided structure that may be used for occupancy only pursuant to Section 8698 and this section. It shall have a raised floor area of no less than 120 square feet of interior space for two occupants and a minimum of 70 square feet of interior space for one occupant. It shall contain no plumbing or gas service. An emergency sleeping cabin shall meet a minimum of a 20 pounds per square foot live load roof structure, shall be provided light, heat, and ventilation, and shall comply with minimum emergency bridge housing design standards as follows:
(1) Electrical power available as needed to meet the light and heat requirements of this subdivision. The source of electricity may be solar power.
(2) At least one interior lighting fixture.
(3) Electrical heating equipment approved for residential use.
(4) Means of ventilation allowing for adequate air replacement.
(5) At least one GFCI-protected receptacle for use by the occupant or occupants.
(6) At least two forms of egress placed remotely from each other, one of which may be an egress window with a sill height of not more than 44 inches from the floor, a minimum net opening height of 24 inches, and a minimum width of 20 inches.
(7) A privacy lock on each door.
(8) When required to meet accessibility requirements, compliance with the applicable requirements specified in Chapter 11B of the California Building Code.
(9) One permanently wired smoke alarm with battery backup, listed and labeled in accordance with UL 217, installed in accordance with the California Residential Code and NFPA 72. Battery powered alarms are permissible in lieu of wired alarms only when the cabin is solar powered and other electrical service is not supplied to the cabin. Smoke alarms shall be listed and approved by the State Fire Marshal.
(10) This subdivision shall remain operative until the date on which the California Building Standards Commission includes standards in the California Building Standards Code that conform to this subdivision.
(i) This section shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date.
SEC. 3.
The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique need to address the problem of homelessness in the City of San Jose. | Existing law authorizes a governing body of a political subdivision, as defined, to declare a shelter crisis if the governing body makes a specified finding. Existing law authorizes a political subdivision to allow persons unable to obtain housing to occupy designated public facilities, as defined, during the period of a shelter crisis. Existing law provides that certain state and local laws, regulations, and ordinances are suspended during a shelter crisis, to the extent that strict compliance would in any way prevent, hinder, or delay the mitigation of the effects of the shelter crisis.
This bill, until January 1, 2022, upon a declaration of a shelter crisis by the City of San Jose would authorize emergency housing to include an emergency bridge housing community for the homeless. The bill would define an emergency bridge housing community to include, but not be limited to, housing in temporary structures including, but not limited to, emergency sleeping cabins, as defined. The bill, in lieu of compliance with state and local building, housing, health, habitability, or safety standards and laws, would authorize the city to adopt by ordinance reasonable local standards for emergency bridge housing communities, as specified. The bill would require the Department of Housing and Community Development to review the draft ordinance to ensure it addresses minimum health and safety standards and to provide its findings to committees of the Legislature, as provided. The bill would require the city, among other things, to match each resident of an emergency bridge housing community to an affordable housing unit identified in the city’s housing plan that will be available for the resident to live in on or before January 1, 2022, and develop a plan for emergency bridge housing communities to include on-site supportive services. The bill would further require the city to annually report to the Legislature specific information on emergency bridge housing communities, including, among other information, the number of residents in every emergency bridge housing community and the actual and projected number of permanent affordable housing units available through January 1, 2022.
This bill would make legislative findings and declarations as to the necessity of a special statute for the City of San Jose. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
Section 8698 of the Government Code is amended to read:
8698.
For purposes of this chapter, the following definitions shall apply:
(a) “Political subdivision” includes the state, any city, city and county, county, special district, or school district or public agency authorized by law.
(b) “Governing body” means the following:
(1) The Governor for the state.
(2) The legislative body for a city or city and county.
(3) The board of supervisors for a county.
(4) The governing board or board of trustees for a district or other public agency.
(5) An official designated by ordinance or resolution adopted by a governing body, as defined in paragraph (2), (3), or (4).
(c) “Public facility” means any facility of a political subdivision including parks, schools, and vacant or underutilized facilities which are owned, operated, leased, or maintained, or any combination thereof, by the political subdivision through money derived by taxation or assessment.
(d) “Declaration of a shelter crisis” means the duly proclaimed existence of a situation in which a significant number of persons are without the ability to obtain shelter, resulting in a threat to their health and safety.
(e) “Emergency bridge housing community” means any new or existing facilities, including, but not limited to, housing in temporary structures, including, but not limited to, emergency sleeping cabins consistent with the requirements of subdivision (h) of Section 8698.3 that are reserved for homeless persons and families, together with community support facilities, including, but not limited to, showers and bathrooms adequate to serve the anticipated number of residents all of which may be located on property leased or owned by a political subdivision. An emergency bridge housing community shall include supportive and self-sufficiency development services, have the ultimate goal of moving homeless persons to permanent housing as quickly as reasonably possible, and limit rents and service fees to an ability-to-pay formula reasonably consistent with the United States Department of Housing and Urban Development’s requirements for subsidized housing for low-income persons.
SEC. 2.
Section 8698.3 is added to the Government Code, to read:
8698.3.
Notwithstanding any other provisions in this chapter, upon a declaration of a shelter crisis by the City of San Jose, the following shall apply during a shelter crisis:
(a) Emergency housing may include an emergency bridge housing community for the homeless located or constructed on any city-owned or city-leased land, including land acquired with low- and moderate-income housing funds.
(b) (1) The city, in lieu of compliance with state and local building, housing, health, habitability, or safety standards and laws, may adopt by ordinance reasonable local standards for the design, site development, and operation of emergency bridge housing communities and the structures and facilities therein, to the extent that it is determined at the time of adoption that strict compliance with state and local standards or laws in existence at the time of that adoption would in any way prevent, hinder, or delay the mitigation of the effects of the shelter crisis. The Department of Housing and Community Development shall review the city’s draft ordinance to ensure it addresses minimum health and safety standards. The department shall, as set forth in Section 9795 of the Government Code, provide its findings to the Senate and Assembly housing committees and the Senate Judiciary Committee within 30 calendar days of receiving the draft ordinance.
(2) During the shelter crisis, except as provided in this section, provisions of any state or local building, housing, health, habitability, or safety standards or laws shall be suspended for the emergency bridge housing communities provided that the city has adopted health and safety standards for emergency bridge housing communities consistent with ensuring minimal public health and safety and those standards are complied with. Landlord tenant laws codified in Sections 1941 to 1942.5, inclusive, of the Civil Code providing a cause of action for habitability or tenantability, shall be suspended for the emergency bridgeation of the shelter crisis.
(e) The city shall match each resident of an emergency bridge housing community to an affordable housing unit identified in the city’s housing plan that shall be available for the resident to live in on or before January 1, 2022.
(f) On or before July 1, 2017, the city shall develop a plan for every emergency bridge housing community to include on-site supportive services. The city shall make the report publicly available.
(g) On or before January 1, 2018, and annually thereafter, the city shall report to the Legislature the number of residents in every emergency bridge housing community, the number of residents who have moved from an emergency bridge housing community into permanent affordable housing, the average time required for a resident to receive a permanent affordable housing unit, and the actual and projected number of permanent affordable housing units available through January 1, 2022.
(h) An “emergency sleeping cabin” means a relocatable hard-sided structure that may be used for occupancy only pursuant to Section 8698 and this section. It shall have a raised floor area of no less than 120 square feet of interior space for two occupants and a minimum of 70 square feet of interior space for one occupant. It shall contain no plumbing or gas service. An emergency sleeping cabin shall meet a minimum of a 20 pounds per square foot live load roof structure, shall be provided light, heat, and ventilation, and shall comply with minimum emergency bridge housing design standards as follows:
(1) Electrical power available as needed to meet the light and heat requirements of this subdivision. The source of electricity may be solar power.
(2) At least one interior lighting fixture.
(3) Electrical heating equipment approved for residential use.
(4) Means of ventilation allowing for adequate air replacement.
(5) At least one GFCI-protected receptacle for use by the occupant or occupants.
(6) At least two forms of egress placed remotely from each other, one of which may be an egress window with a sill height of not more than 44 inches from the floor, a minimum net opening height of 24 inches, and a minimum width of 20 inches.
(7) A privacy lock on each door.
(8) When required to meet accessibility requirements, compliance with the applicable requirements specified in Chapter 11B of the California Building Code.
(9) One permanently wired smoke alarm with battery backup, listed and labeled in accordance with UL 217, installed in accordance with the California Residential Code and NFPA 72. Battery powered alarms are permissible in lieu of wired alarms only when the cabin is solar powered and other electrical service is not supplied to the cabin. Smoke alarms shall be listed and approved by the State Fire Marshal.
(10) This subdivision shall remain operative until the date on which the California Building Standards Commission includes standards in the California Building Standards Code that conform to this subdivision.
(i) This section shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date.
SEC. 3.
The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique need to address the problem of homelessness in the City of San Jose.
### Summary:
This bill would amend the Government Code to allow the City of San Jose to adopt ordinances to suspend certain building, housing, health, habitability, and safety standards |
The people of the State of California do enact as follows:
SECTION 1.
Section 1206.5 of the Business and Professions Code is amended to read:
1206.5.
(a) Notwithstanding subdivision (b) of Section 1206 and except as otherwise provided in Sections 1206.6 and 1241, no person shall perform a clinical laboratory test or examination classified as waived under CLIA unless the clinical laboratory test or examination is performed under the overall operation and administration of the laboratory director, as described in Section 1209, including, but not limited to, documentation by the laboratory director of the adequacy of the qualifications and competency of the personnel, and the test is performed by any of the following persons:
(1) A licensed physician and surgeon holding an M.D. or D.O. degree.
(2) A licensed podiatrist, a licensed dentist, or a licensed naturopathic doctor, if the results of the tests can be lawfully utilized within his or her practice.
(3) A person licensed under this chapter to engage in clinical laboratory practice or to direct a clinical laboratory.
(4) A person authorized to perform tests pursuant to a certificate issued under Article 5 (commencing with Section 101150) of Chapter 2 of Part 3 of Division 101 of the Health and Safety Code.
(5) A licensed physician assistant if authorized by a supervising physician and surgeon in accordance with Section 3502 or 3535.
(6) A person licensed under Chapter 6 (commencing with Section 2700).
(7) A person licensed under Chapter 6.5 (commencing with Section 2840).
(8) A perfusionist if authorized by and performed in compliance with Section 2590.
(9) A respiratory care practitioner if authorized by and performed in compliance with Chapter 8.3 (commencing with Section 3700).
(10) A medical assistant, as defined in Section 2069, if the waived test is performed pursuant to a specific authorization meeting the requirements of Section 2069.
(11) A pharmacist, as defined in Section 4036, if ordering drug therapy-related laboratory tests in compliance with paragraph (2) of subdivision (a) of Section 4052.1 or paragraph (2) of subdivision (a) of Section 4052.2, or if performing skin puncture in the course of performing routine patient assessment procedures in compliance with Section 4052.1.
(12) A naturopathic assistant, as defined in Sections 3613 and 3640.2, if the waived test is performed pursuant to a specific authorization meeting the requirements of Sections 3613 and 3640.2.
(13) A licensed optometrist as authorized under Chapter 7 (commencing with Section 3000).
(14) Other health care personnel providing direct patient care.
(15) Any other person performing nondiagnostic testing pursuant to Section 1244.
(16) A hepatitis C counselor performing a hepatitis C virus (HCV) test pursuant to Section 122440 of the Health and Safety Code.
(b) Notwithstanding subdivision (b) of Section 1206, no person shall perform clinical laboratory tests or examinations classified as of moderate complexity under CLIA unless the clinical laboratory test or examination is performed under the overall operation and administration of the laboratory director, as described in Section 1209, including, but not limited to, documentation by the laboratory director of the adequacy of the qualifications and competency of the personnel, and the test is performed by any of the following persons:
(1) A licensed physician and surgeon holding an M.D. or D.O. degree.
(2) A licensed podiatrist or a licensed dentist if the results of the tests can be lawfully utilized within his or her practice.
(3) A person licensed under this chapter to engage in clinical laboratory practice or to direct a clinical laboratory.
(4) A person authorized to perform tests pursuant to a certificate issued under Article 5 (commencing with Section 101150) of Chapter 2 of Part 3 of Division 101 of the Health and Safety Code.
(5) A licensed physician assistant if authorized by a supervising physician and surgeon in accordance with Section 3502 or 3535.
(6) A person licensed under Chapter 6 (commencing with Section 2700).
(7) A perfusionist if authorized by and performed in compliance with Section 2590.
(8) A respiratory care practitioner if authorized by and performed in compliance with Chapter 8.3 (commencing with Section 3700).
(9) A person performing nuclear medicine technology if authorized by and performed in compliance with Article 6 (commencing with Section 107150) of Chapter 4 of Part 1 of Division 104 of the Health and Safety Code.
(10) Any person if performing blood gas analysis in compliance with Section 1245.
(11) (A) A person certified or licensed as an “Emergency Medical Technician II” or paramedic pursuant to Division 2.5 (commencing with Section 1797) of the Health and Safety Code while providing prehospital medical care, a person licensed as a psychiatric technician under Chapter 10 (commencing with Section 4500) of Division 2, as a vocational nurse pursuant to Chapter 6.5 (commencing with Section 2840), or as a midwife licensed pursuant to Article 24 (commencing with Section 2505) of Chapter 5, or certified by the department pursuant to Division 5 (commencing with Section 70001) of Title 22 of the California Code of Regulations as a nurse assistant or a home health aide, who provides direct patient care, if the person is performing the test as an adjunct to the provision of direct patient care by the person, is utilizing a point-of-care laboratory testing device at a site for which a laboratory license or registration has been issued, meets the minimum clinical laboratory education, training, and experience requirements set forth in regulations adopted by the department, and has demonstrated to the satisfaction of the laboratory director that he or she is competent in the operation of the point-of-care laboratory testing device for each analyte to be reported.
(B) Prior to being authorized by the laboratory director to perform laboratory tests or examinations, testing personnel identified in subparagraph (A) shall participate in a preceptor program until they are able to perform the clinical laboratory tests or examinations authorized in this section with results that are deemed accurate and skills that are deemed competent by the preceptor. For the purposes of this section, a “preceptor program” means an organized system that meets regulatory requirements in which a preceptor provides and documents personal observation and critical evaluation, including review of accuracy, reliability, and validity, of laboratory testing performed.
(12) Any other person within a physician office laboratory if the test is performed under the supervision of the patient’s physician and surgeon or podiatrist who shall be accessible to the laboratory to provide onsite, telephone, or electronic consultation as needed, and shall: (A) ensure that the person is performing test methods as required for accurate and reliable tests; and (B) have personal knowledge of the results of the clinical laboratory testing or examination performed by that person before the test results are reported from the laboratory.
(13) A pharmacist, if ordering drug therapy-related laboratory tests in compliance with paragraph (2) of subdivision (a) of Section 4052.1 or paragraph (2) of subdivision (a) of Section 4052.2.
(c) Notwithstanding subdivision (b) of Section 1206, no person shall perform clinical laboratory tests or examinations classified as of high complexity under CLIA unless the clinical laboratory test or examination is performed under the overall operation and administration of the laboratory director, as described in Section 1209, including, but not limited to, documentation by the laboratory director of the adequacy of the qualifications and competency of the personnel, and the test is performed by any of the following persons:
(1) A licensed physician and surgeon holding an M.D. or D.O. degree.
(2) A licensed podiatrist or a licensed dentist if the results of the tests can be lawfully utilized within his or her practice.
(3) A person licensed under this chapter to engage in clinical laboratory practice or to direct a clinical laboratory if the test or examination is within a specialty or subspecialty authorized by the person’s licensure.
(4) A person authorized to perform tests pursuant to a certificate issued under Article 5 (commencing with Section 101150) of Chapter 2 of Part 3 of Division 101 of the Health and Safety Code if the test or examination is within a specialty or subspecialty authorized by the person’s certification.
(5) A licensed physician assistant if authorized by a supervising physician and surgeon in accordance with Section 3502 or 3535.
(6) A perfusionist if authorized by and performed in compliance with Section 2590.
(7) A respiratory care practitioner if authorized by and performed in compliance with Chapter 8.3 (commencing with Section 3700).
(8) A person performing nuclear medicine technology if authorized by and performed in compliance with Article 6 (commencing with Section 107150) of Chapter 4 of Part 1 of Division 104 of the Health and Safety Code.
(9) Any person if performing blood gas analysis in compliance with Section 1245.
(10) Any other person within a physician office laboratory if the test is performed under the onsite supervision of the patient’s physician and surgeon or podiatrist who shall: (A) ensure that the person is performing test methods as required for accurate and reliable tests; and (B) have personal knowledge of the results of clinical laboratory testing or examination performed by that person before the test results are reported from the laboratory.
(d) Clinical laboratory examinations classified as provider-performed microscopy under CLIA may be personally performed using a brightfield or phase/contrast microscope by one of the following practitioners:
(1) A licensed physician and surgeon using the microscope during the patient’s visit on a specimen obtained from his or her own patient or from a patient of a group medical practice of which the physician is a member or employee.
(2) A nurse midwife holding a certificate as specified by Section 2746.5, a licensed nurse practitioner as specified in Section 2835.5, or a licensed physician assistant acting under the supervision of a physician pursuant to Section 3502 using the microscope during the patient’s visit on a specimen obtained from his or her own patient or from the patient of a clinic, group medical practice, or other health care provider of which the certified nurse midwife, licensed nurse practitioner, or licensed physician assistant is an employee.
(3) A licensed dentist using the microscope during the patient’s visit on a specimen obtained from his or her own patient or from a patient of a group dental practice of which the dentist is a member or an employee.
SEC. 2.
Section 122440 is added to the Health and Safety Code, to read:
122440.
(a) A hepatitis C counselor who meets the requirements of subdivision (d) may do all of the following:
(1) Perform any hepatitis C virus (HCV) test that is classified as waived under the federal Clinical Laboratory Improvement Act (CLIA) (42 U.S.C. Sec. 263a et seq.) if all of the following conditions exist:
(A) The performance of the HCV test meets the requirements of CLIA and Chapter 3 (commencing with Section 1200) of Division 2 of the Business and Professions Code.
(B) Notwithstanding Section 1246 of the Business and Professions Code, a hepatitis C counselor may perform skin punctures for the purpose of withdrawing blood for waived HCV testing, upon specific authorization from a licensed physician and surgeon, provided that the person meets both of the following requirements:
(i) He or she works under the direction of a licensed physician and surgeon.
(ii) He or she has been trained in rapid test proficiency for skin puncture blood tests and in universal infection control precautions, consistent with best infection control practices established by the Division of Occupational Safety and Health in the Department of Industrial Relations and the federal Centers for Disease Control and Prevention.
(C) The person performing the HCV test meets the requirements for the performance of waived laboratory testing pursuant to subdivision (a) of Section 1206.5 of the Business and Professions Code.
(D) The patient is informed that the preliminary result of the test is indicative of the likelihood of HCV exposure and that the result must be confirmed by an additional more specific test, or, if approved by the federal Centers for Disease Control and Prevention for that purpose, a second, different rapid HCV test. This subdivision does not allow a hepatitis C counselor to perform any HCV test that is not classified as waived under CLIA.
(2) Notwithstanding Section 1246.5 of the Business and Professions Code, order and report HCV test results from tests performed pursuant to paragraph (1) to patients without authorization from a licensed health care practitioner or his or her authorized representative. A patient who has an indeterminate or positive test result from tests performed pursuant to paragraph (1) shall be referred to a licensed health care practitioner whose scope of practice includes the authority to refer a patient for laboratory testing for further evaluation.
(b) A hepatitis C counselor who meets the requirements of this section with respect to performing any HCV test that is classified as waived under CLIA may not perform any other test unless that person meets the statutory and regulatory requirements for performing that other test.
(c) Compliance with this section does not fulfill any requirements for certification as a phlebotomy technician or a limited phlebotomy technician, unless the hepatitis C counselor has otherwise satisfied the certification requirements imposed pursuant to Section 1246 of the Business and Professions Code.
(d) A hepatitis C counselor shall meet one of the following criteria:
(1) Is authorized to perform an HCV test in accordance with paragraph (1) of subdivision (a) of Section 120917.
(2) Is working in a hepatitis C counseling and testing site that meets both of the following criteria:
(A) Utilizes hepatitis C counselors who are trained by the State Department of Public Health or its agents to provide hepatitis C counseling and testing. For the purposes of this subparagraph, a training agent may include, but is not limited to, a local health department or its designee, an academic medical center, or a community-based organization.
(B) Has and retains a quality assurance plan and has hepatitis C counseling and testing staff who comply with the quality assurance protocols and guidelines made available by the State Department of Public Health in accordance with Section 122410. | Under existing law, the State Department of Public Health licenses, registers, and regulates clinical laboratories and various clinical laboratory personnel. Existing law prohibits a person from performing a clinical laboratory test or examination classified as waived under the federal Clinical Laboratory Improvement Amendments of 1988 unless the test or examination is performed under the overall operation and administration of a laboratory director and the test or examination is performed by any one of specified professionals and others, including a licensed physician and surgeon or pharmacist. Existing law establishes the Office of AIDS in the department and defines human immunodeficiency virus (HIV) as the etiologic agent of acquired immunodeficiency syndrome (AIDS). Existing law authorizes an HIV counselor who receives specified training and works in specified counseling and testing sites to perform HIV, hepatitis C virus (HCV), or combined HIV/HCV tests, including performing skin punctures for purposes of withdrawing blood for purposes of these tests, as specified.
This bill would authorize a hepatitis C counselor who meets specified requirements to perform an HCV test and to order and report HCV test results. The bill would authorize the State Department of Public Health to implement and administer these provisions by means of a bulletin or similar instructions. The bill would also add hepatitis C counselors performing an HCV test to the list of professionals authorized to perform a test or examination classified as waived under the federal Clinical Laboratory Improvement Amendments of 1988, as specified. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
Section 1206.5 of the Business and Professions Code is amended to read:
1206.5.
(a) Notwithstanding subdivision (b) of Section 1206 and except as otherwise provided in Sections 1206.6 and 1241, no person shall perform a clinical laboratory test or examination classified as waived under CLIA unless the clinical laboratory test or examination is performed under the overall operation and administration of the laboratory director, as described in Section 1209, including, but not limited to, documentation by the laboratory director of the adequacy of the qualifications and competency of the personnel, and the test is performed by any of the following persons:
(1) A licensed physician and surgeon holding an M.D. or D.O. degree.
(2) A licensed podiatrist, a licensed dentist, or a licensed naturopathic doctor, if the results of the tests can be lawfully utilized within his or her practice.
(3) A person licensed under this chapter to engage in clinical laboratory practice or to direct a clinical laboratory.
(4) A person authorized to perform tests pursuant to a certificate issued under Article 5 (commencing with Section 101150) of Chapter 2 of Part 3 of Division 101 of the Health and Safety Code.
(5) A licensed physician assistant if authorized by a supervising physician and surgeon in accordance with Section 3502 or 3535.
(6) A person licensed under Chapter 6 (commencing with Section 2700).
(7) A person licensed under Chapter 6.5 (commencing with Section 2840).
(8) A perfusionist if authorized by and performed in compliance with Section 2590.
(9) A respiratory care practitioner if authorized by and performed in compliance with Chapter 8.3 (commencing with Section 3700).
(10) A medical assistant, as defined in Section 2069, if the waived test is performed pursuant to a specific authorization meeting the requirements of Section 2069.
(11) A pharmacist, as defined in Section 4036, if ordering drug therapy-related laboratory tests in compliance with paragraph (2) of subdivision (a) of Section 4052.1 or paragraph (2) of subdivision (a) of Section 4052.2, or if performing skin puncture in the course of performing routine patient assessment procedures in compliance with Section 4052.1.
(12) A naturopathic assistant, as defined in Sections 3613 and 3640.2, if the waived test is performed pursuant to a specific authorization meeting the requirements of Sections 3613 and 3640.2.
(13) A licensed optometrist as authorized under Chapter 7 (commencing with Section 3000).
(14) Other health care personnel providing direct patient care.
(15) Any other person performing nondiagnostic testing pursuant to Section 1244.
(16) A hepatitis C counselor performing a hepatitis C virus (HCV) test pursuant to Section 122440 of the Health and Safety Code.
(b) Notwithstanding subdivision (b) of Section 1206, no person shall perform clinical laboratory tests or examinations classified as of moderate complexity under CLIA unless the clinical laboratory test or examination is performed under the overall operation and administration of the laboratory director, as described in Section 1209, including, but not limited to, documentation by the laboratory director of the adequacy of the qualifications and competency of the personnel, and the test is performed by any of the following persons:
(1) A licensed physician and surgeon holding an M.D. or D.O. degree.
(2) A licensed podiatrist or a licensed dentist if the results of the tests can be lawfully utilized within his or her practice.
(3) A person licensed under this chapter to engage in clinical laboratory practice or to direct a clinical laboratory.
(4) A person authorized to perform tests pursuant to a certificate issued under Article 5 (commencing with Section 101150) of Chapter 2 of Part 3 of Division 101 of the Health and Safety Code.
(5) A licensed physician assistant if authorized by a supervising physician and surgeon in accordance with Section 3502 or 3535.
(6) A person licensed under Chapter 6 (commencing with Section 2700).
(7) A perfusionist if authorized by and performed in compliance with Section 2590.
(8) A respiratory care practitioner if authorized by and performed in compliance with Chapter 8.3 (commencing with Section 3700).
(9) A person performing nuclear medicine technology if authorized by and performed in compliance with Article 6 (commencing with Section 107150) of Chapter 4 of Part 1 of Division 104 of the Health and Safety Code.
(10) Any person if performing blood gas analysis in compliance with Section 1245.
(11) (A) A person certified or licensed as an “Emergency Medical Technician II” or paramedic pursuant to Division 2.5 (commencing with Section 1797) of the Health and Safety Code while providing prehospital medical care, a person licensed as a psychiatric technician under Chapter 10 (commencing with Section 4500) of Division 2, as a vocational nurse pursuant to Chapter 6.5 (commencing with Section 2840), or as a midwife licensed pursuant to Article 24 (commencing with Section 2505) of Chapter 5, or certified by the department pursuant to Division 5 (commencing with Section 70001) of Title 22 of the California Code of Regulations as a nurse assistant or a home health aide, who provides direct patient care, if the person is performing the test as an adjunct to the provision of direct patient care by the person, is utilizing a point-of-care laboratory testing device at a site for which a laboratory license or registration has been issued, meets the minimum clinical laboratory education, training, and experience requirements set forth in regulations adopted by the department, and has demonstrated to the satisfaction of the laboratory director that he or she is competent in the operation of the point-of-care laboratory testing device for each analyte to be reported.
(B) Prior to being authorized by the laboratory director to perform laboratory tests or examinations, testing personnel identified in subparagraph (A) shall participate in a preceptor program until they are able to perform the clinical laboratory tests or examinations authorized in this section with results that are deemed accurate and skills that are deemed competent by the preceptor. For the purposes of this section, a “preceptor program” means an organized system that meets regulatory requirements in which a preceptor provides and documents personal observation and critical evaluation, including review of accuracy, reliability, and validity, of laboratory testing performed.
(12) Any other person within a physician office laboratory if the test is performed under the supervision of the patient’s physician and surgeon or podiatrist who shall be accessible to the laboratory to provide onsite, telephone, or electronic consultation as needed, and shall: (A) ensure that the person is performing test methods as required for accurate and reliable tests; and (B) have personal knowledge of the results of the clinical laboratory testing or examination performed by that person before the test results are reported from the laboratory.
(13) A pharmacist, if ordering drug therapy-related laboratory tests in compliance with paragraph (2) of subdivision (a) of Section 4052.1 or paragraph (2) of subdivision (a) of Section 4052.2.
(c) Notwithstanding subdivision (b) of Section 1206, no person shall perform clinical laboratory tests or examinations classified as of high complexity under CLIA unless the clinical laboratory test or examination is performed under the overall operation and administration of the laboratory director, as described in Section 1209, including, but not limited to, documentation by the laboratory director of the adequacy of the qualifications and competency of the personnel, and the test is performed by any of the following persons:
(1) A licensed physician and surgeon holding an M.D. or D.O. degree.
(2) A licensed podiatrist or a licensed dentist if the results of the tests can be lawfully utilized within his or her practice.
(3) A person licensed under this chapter to engage in clinical laboratory practice or to direct a clinical laboratory if the test or examination is within a specialty or subspecialty authorized by the person’s licensure.
(4) A person authorized to perform tests pursuant to a certificate issued under Article 5 (commencing with Section 101150) of Chapter 2 of Part 3 of Division 101 of the Health and Safety Code if the test or examination is within a specialty or subspecialty authorized by the person’s certification.
(5) A licensed physician assistant if authorized by a supervising physician and surgeon in accordance with Section 3502 or 3535.
(6) A perfusionist if authorized by and performed in compliance with Section 2590.
(7) A respiratory care practitioner if authorized by and performed in compliance with Chapter 8.3 (commencing with Section 3700).
(8) A person performing nuclear medicine technology if authorized by and performed in compliance with Article 6 (commencing with Section 107150) of Chapter 4 of Part 1 of Division 104 of the Health and Safety Code.
(9) Any person if performing blood gas analysis in compliance with Section 1245.
(10) Any other person within a physician office laboratory if the test is performed under the onsite supervision of the patient’s physician and surgeon or podiatrist who shall: (A) ensure that the person is performing test methods as required for accurate and reliable tests; and (B) have personal knowledge of the results of clinical laboratory testing or examination performed by that person before the test results are reported from the laboratory.
(d) Clinical laboratory examinations classified as provider-performed microscopy under CLIA may be personally performed using a brightfield or phase/contrast microscope by one of the following practitioners:
(1) A licensed physician and surgeon using the microscope during the patient’s visit on a specimen obtained from his or her own patient or from a patient of a group medical practice of which the physician is a member or employee.
(2) A nurse midwife holding a certificate as specified by Section 2746.5, a licensed nurse practitioner as specified in Section 2835.5, or a licensed physician assistant acting under the supervision of a physician pursuant to Section 3502 using the microscope during the patient’s visit on a specimen obtained from his or her own patient or from the patient of a clinic, group medical practice, or other health care provider of which the certified nurse midwife, licensed nurse practitioner, or licensed physician assistant is an employee.
(3) A licensed dentist using the microscope during the patient’s visit on a specimen obtained from his or her own patient or from a patient of a group dental practice of which the dentist is a member or an employee.
SEC. 2.
Section 122440 is added to the Health and Safety Code, to read:
122440.
(a) A hepatitis C counselor who meets the requirements of subdivision (d) may do all of the following:
(1) Perform any hepatitis C virus (HCV) test that is classified as waived under the federal Clinical Laboratory Improvement Act (CLIA) (42 U.S.C. Sec. 263a et seq.) if all of the following conditions exist:
(A) The performance of the HCV test meets the requirements of CLIA and Chapter 3 (commencing with Section 1200) of Division 2 of the Business and Professions Code.
(B) Notwithstanding Section 1246 of the Business and Professions Code, a hepatitis C counselor may perform skin punctures for the purpose of withdrawing blood for waived HCV testing, upon specific authorization from a licensed physician and surgeon, provided that the person meets both of the following requirements:
(i) He or she works under the direction of a licensed physician and surgeon.
(ii) He or she has been trained in rapid test proficiency for skin puncture blood tests and in universal infection control precautions, consistent with best infection control practices established by the Division of Occupational Safety and Health in the Department of Industrial Relations and the federal Centers for Disease Control and Prevention.
(C) The person performing the HCV test meets the requirements for the performance of waived laboratory testing pursuant to subdivision (a) of Section 1206.5 of the Business and Professions Code.
(D) The patient is informed that the preliminary result of the test is indicative of the likelihood of HCV exposure and that the result must be confirmed by an additional more specific test, or, if approved by the federal Centers for Disease Control and Prevention for that purpose, a second, different rapid HCV test. This subdivision does not allow a hepatitis C counselor to perform any HCV test that is not classified as waived under CLIA.
(2) Notwithstanding Section 1246.5 of the Business and Professions Code, order and report HCV test results from tests performed pursuant to paragraph (1) to patients without authorization from a licensed health care practitioner or his or her authorized representative. A patient who has an indeterminate or positive test result from tests performed pursuant to paragraph (1) shall be referred to a licensed health care practitioner whose scope of practice includes the authority to refer a patient for laboratory testing for further evaluation.
(b) A hepatitis C counselor who meets the requirements of this section with respect to performing any HCV test that is classified as waived under CLIA may not perform any other test unless that person meets the statutory and regulatory requirements for performing that other test.
(c) Compliance with this section does not fulfill any requirements for certification as a phlebotomy technician or a limited phlebotomy technician, unless the hepatitis C counselor has otherwise satisfied the certification requirements imposed pursuant to Section 1246 of the Business and Professions Code.
(d) A hepatitis C counselor shall meet one of the following criteria:
(1) Is authorized to perform an HCV test in accordance with paragraph (1) of subdivision (a) of Section 120917.
(2) Is working in a hepatitis C counseling and testing site that meets both of the following criteria:
(A) Utilizes hepatitis C counselors who are trained by the State Department of Public Health or its agents to provide hepatitis C counseling and testing. For the purposes of this subparagraph, a training agent may include, but is not limited to, a local health department or its designee, an academic medical center, or a community-based organization.
(B) Has and retains a quality assurance plan and has hepatitis C counseling and testing staff who comply with the quality assurance protocols and guidelines made available by the State Department of Public Health in accordance with Section 122410.
### Summary:
<bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos> |
The people of the State of California do enact as follows:
SECTION 1.
(a) It is the intent of the Legislature to create a green infrastructure program that would encourage state agencies to account for and reduce the greenhouse gas emissions associated with
energy-intensive
emissions-intensive
products that are used in major infrastructure projects and funded in whole or in part with state funds. This program would reduce the greenhouse gas emissions associated with
energy-intensive
emissions-intensive
products by providing a market for high-quality goods with the lowest overall greenhouse gas emissions.
(b) If
energy-intensive
emissions-intensive
products are sourced from facilities that do not comply with California’s climate energy goals or if a product is transported a long distance to the job site, it creates a large amount of greenhouse gas emissions that is part of the emissions total California is seeking to reduce by 2020. By ignoring these emissions, California is shifting the burden of emissions reductions to other portions of the economy and this places additional burden on California’s businesses and consumers. It would be better for consumers if the state acknowledges the emissions associated with large infrastructure projects and crafts a procurement process to procure a green product, a product that lowers greenhouse gas emissions while still meeting quality standards.
(c) Executive Order B-30-15 issued by Governor Edmund G. Brown Jr. stipulates that “State agencies shall take climate change into account in their planning and investment decisions and employ full life-cycle cost accounting to evaluate and compare infrastructure investments and alternatives.” It also notes that state agencies’ planning investments shall be guided by principles that build climate preparedness and reduce greenhouse gas emissions.
SEC. 2.
Section 10130 is added to the Public Contract Code, to read:
10130.
(a) As used in this section:
(1) “Project” means a project for infrastructure subject to this chapter that is estimated to cost one million dollars ($1,000,000) or more.
(2)
“Energy-intensive product”
“Emissions-intensive product”
means a product that is produced by
a company
the following industry sectors, as
identified by the cap-and-trade program of the State Air Resources Board as
energy
emissions
intensive, trade
exposed.
exposed:
(A) Cement manufacturing.
(B) Flat glass manufacturing.
(C) Iron and steel mills.
(D) Rolled shape manufacturing.
(b) (1) On or before January 1, 2018, the department shall prepare and submit to the Legislature and the Governor a report on the greenhouse gas emissions that are associated with
energy-intensive
emissions-intensive
products in projects within the jurisdiction of the department. The emissions total shall take into account the greenhouse gas emissions that are produced when the
energy-intensive
emissions-intensive
product is manufactured or produced and the greenhouse gas emissions associated with the transportation of the
energy-intensive
emissions-intensive
product from the site of its manufacture to the project site.
(2) A report submitted pursuant to paragraph (1) shall be submitted in accordance with Section 9795 of the Government Code.
(3) The requirement for submitting a report pursuant to this subdivision is inoperative on January 1, 2021, pursuant to Section 10231.5 of the Government Code.
(c) As of January 1, 2018, the department shall incorporate the greenhouse gas emissions information described in subdivision (b) into its procurement processes, including bid specifications, to procure
energy-intensive
emissions-intensive
products with the lowest greenhouse gas emissions profile that meet standards imposed by a state agency for quality or safety purposes.
SEC. 3.
Section 10503.5 is added to the Public Contract Code, to read:
10503.5.
(a) As used in this section:
(1) “Project” means a project for infrastructure subject to this chapter that is estimated to cost one million dollars ($1,000,000) or more.
(2)
“Energy-intensive product”
“Emissions-intensive product”
means a product that is produced by
a company
the following industry sectors, as
identified by the cap-and-trade program of the State Air Resources Board as
energy
emissions
intensive, trade
exposed.
exposed:
(A) Cement manufacturing.
(B) Flat glass manufacturing.
(C) Iron and steel mills.
(D) Rolled shape manufacturing.
(b) (1) On or before January 1, 2018, the Regents of the University of California shall prepare and submit to the Legislature and the Governor a report on the greenhouse gas emissions that are associated with
energy-intensive
emissions-intensive
products in projects within the jurisdiction of the Regents of the University of California. The emissions total shall take into account the greenhouse gas emissions that are produced when the
energy-intensive
emissions-intensive
product is manufactured or produced and the greenhouse gas emissions associated with the transportation of the
energy-intensive
emissions-intensive
product from the site of its manufacture to the project site.
(2) A report submitted pursuant to paragraph (1) shall be submitted in accordance with Section 9795 of the Government Code.
(3) The requirement for submitting a report pursuant to this subdivision is inoperative on January 1, 2021, pursuant to Section 10231.5 of the Government Code.
(c) As of January 1, 2018, the Regents of the University of California shall incorporate the greenhouse gas emissions information described in subdivision (b) into University of California procurement processes, including bid specifications, to procure
energy-intensive
emissions-intensive
products with the lowest greenhouse gas emissions profile that meet standards imposed by a state agency for quality or safety purposes.
SEC. 4.
Section 10727 is added to the Public Contract Code, to read:
10727.
(a) As used in this section:
(1) “Project” means a project for infrastructure subject to this chapter that is estimated to cost one million dollars ($1,000,000) or more.
(2)
“Energy-intensive product”
“Emissions-intensive product”
means a product that is produced by
a company
the following industry sectors, as
identified by the cap-and-trade program of the State Air Resources Board as
energy
emissions
intensive, trade
exposed.
exposed:
(A) Cement manufacturing.
(B) Flat glass manufacturing.
(C) Iron and steel mills.
(D) Rolled shape manufacturing.
(b) (1) On or before January 1, 2018, the trustees shall prepare and submit to the Legislature and the Governor a report on the greenhouse gas emissions that are associated with
energy-intensive
emissions-intensive
products in projects within the jurisdiction of the trustees. The emissions total shall take into account the greenhouse gas emissions that are produced when the
energy-intensive
emissions-intensive
product is manufactured or produced and the greenhouse gas emissions associated with the transportation of the
energy-intensive
emissions-intensive
product from the site of its manufacture to the project site.
(2) A report submitted pursuant to paragraph (1) shall be submitted in accordance with Section 9795 of the Government Code.
(3) The requirement for submitting a report pursuant to this subdivision is inoperative on January 1, 2021, pursuant to Section 10231.5 of the Government Code.
(c) As of January 1, 2018, the trustees shall incorporate the greenhouse gas emissions information described in subdivision (b) into California State University procurement processes, including bid specifications, to procure
energy-intensive
emissions-intensive
products with the lowest greenhouse gas emissions profile that meet standards imposed by a state agency for quality or safety purposes. | The State Contract Act requires an awarding department, before entering into any contract for a project, to prepare full, complete, and accurate plans and specifications and estimates of cost. That act prohibits, except in specified circumstances, a state agency responsible for letting public works contracts from drafting bid specifications in a manner that limits the bidding to any one concern or product, except under certain circumstances.
Other existing law establishes specific requirements for competitive bidding for building and improvement projects by the Regents of the University of California, including the manner and type of specifications.
The California State University Contract Law governs contracting for building and improvement projects by the California State University and imposes specific competitive bidding requirements for the Trustees of the California State University, including the preparation of specifications for a project.
This bill would require an awarding department, on or before January 1, 2018, to prepare and submit to the Legislature and the Governor a report on the greenhouse gas emissions that are associated with
energy-intensive products
emissions-intensive products, as defined,
in projects within the jurisdiction of the department. The
bill would require the
emissions total
shall
to
take into account the greenhouse gas emissions that are produced when the
energy-intensive
emissions-intensive
product is manufactured or produced and the greenhouse gas emissions associated with the transportation of the
energy-intensive
emissions-intensive
product from the site of its manufacture to the project site. The bill would require the department, as of
January, 1
January 1,
2018, to incorporate the greenhouse gas emissions information into its procurement processes, including bid specifications, to procure
energy-intensive
emissions-intensive
products with the lowest greenhouse gas emissions profile that meet standards imposed by a state agency for quality or safety purposes.
The bill would impose similar requirements on the Regents of the University of California and the Trustees of the California State University. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
(a) It is the intent of the Legislature to create a green infrastructure program that would encourage state agencies to account for and reduce the greenhouse gas emissions associated with
energy-intensive
emissions-intensive
products that are used in major infrastructure projects and funded in whole or in part with state funds. This program would reduce the greenhouse gas emissions associated with
energy-intensive
emissions-intensive
products by providing a market for high-quality goods with the lowest overall greenhouse gas emissions.
(b) If
energy-intensive
emissions-intensive
products are sourced from facilities that do not comply with California’s climate energy goals or if a product is transported a long distance to the job site, it creates a large amount of greenhouse gas emissions that is part of the emissions total California is seeking to reduce by 2020. By ignoring these emissions, California is shifting the burden of emissions reductions to other portions of the economy and this places additional burden on California’s businesses and consumers. It would be better for consumers if the state acknowledges the emissions associated with large infrastructure projects and crafts a procurement process to procure a green product, a product that lowers greenhouse gas emissions while still meeting quality standards.
(c) Executive Order B-30-15 issued by Governor Edmund G. Brown Jr. stipulates that “State agencies shall take climate change into account in their planning and investment decisions and employ full life-cycle cost accounting to evaluate and compare infrastructure investments and alternatives.” It also notes that state agencies’ planning investments shall be guided by principles that build climate preparedness and reduce greenhouse gas emissions.
SEC. 2.
Section 10130 is added to the Public Contract Code, to read:
10130.
(a) As used in this section:
(1) “Project” means a project for infrastructure subject to this chapter that is estimated to cost one million dollars ($1,000,000) or more.
(2)
“Energy-intensive product”
“Emissions-intensive product”
means a product that is produced by
a company
the following industry sectors, as
identified by the cap-and-trade program of the State Air Resources Board as
energy
emissions
intensive, trade
exposed.
exposed:
(A) Cement manufacturing.
(B) Flat glass manufacturing.
(C) Iron and steel mills.
(D) Rolled shape manufacturing.
(b) (1) On or before January 1, 2018, the department shall prepare and submit to the Legislature and the Governor a report on the greenhouse gas emissions that are associated with
energy-intensive
emissions-intensive
products in projects within the jurisdiction of the department. The emissions total shall take into account the greenhouse gas emissions that are produced when the
energy-intensive
emissions-intensive
product is manufactured or produced and the greenhouse gas emissions associated with the transportation of the
energy-intensive
emissions-intensive
product from the site of its manufacture to the project site.
(2) A report submitted pursuant to paragraph (1) shall be submitted in accordance with Section 9795 of the Government Code.
(3) The requirement for submitting a report pursuant to this subdivision is inoperative on January 1, 2021, pursuant to Section 10231.5 of the Government Code.
(c) As of January 1, 2018, the department shall incorporate the greenhouse gas emissions information described in subdivision (b) into its procurement processes, including bid specifications, to procure
energy-intensive
emissions-intensive
products with the lowest greenhouse gas emissions profile that meet standards imposed by a state agency for quality or safety purposes.
SEC. 3.
Section 10503.5 is added to the Public Contract Code, to read:
10503.5.
(a) As used in this section:
(1) “Project” means a project for infrastructure subject to this chapter that is estimated to cost one million dollars ($1,000,000) or more.
(2)
“Energy-intensive product”
“Emissions-intensive product”
means a product that is produced by
a company
the following industry sectors, as
identified by the cap-and-trade program of the State Air Resources Board as
energy
emissions
intensive, trade
exposed.
exposed:
(A) Cement manufacturing.
(B) Flat glass manufacturing.
(C) Iron and steel mills.
(D) Rolled shape manufacturing.
(b) (1) On or before January 1, 2018, the Regents of the University of California shall prepare and submit to the Legislature and the Governor a report on the greenhouse gas emissions that are associated with
energy-intensive
emissions-intensive
products in projects within the jurisdiction of the Regents of the University of California. The emissions total shall take into account the greenhouse gas emissions that are produced when the
energy-intensive
emissions-intensive
product is manufactured or produced and the greenhouse gas emissions associated with the transportation of the
energy-intensive
emissions-intensive
product from the site of its manufacture to the project site.
(2) A report submitted pursuant to paragraph (1) shall be submitted in accordance with Section 9795 of the Government Code.
(3) The requirement for submitting a report pursuant to this subdivision is inoperative on January 1, 2021, pursuant to Section 10231.5 of the Government Code.
(c) As of January 1, 2018, the Regents of the University of California shall incorporate the greenhouse gas emissions information described in subdivision (b) into University of California procurement processes, including bid specifications, to procure
energy-intensive
emissions-intensive
products with the lowest greenhouse gas emissions profile that meet standards imposed by a state agency for quality or safety purposes.
SEC. 4.
Section 10727 is added to the Public Contract Code, to read:
10727.
(a) As used in this section:
(1) “Project” means a project for infrastructure subject to this chapter that is estimated to cost one million dollars ($1,000,000) or more.
(2)
“Energy-intensive product”
“Emissions-intensive product”
means a product that is produced by
a company
the following industry sectors, as
identified by the cap-and-trade program of the State Air Resources Board as
energy
emissions
intensive, trade
exposed.
exposed:
(A) Cement manufacturing.
(B) Flat glass manufacturing.
(C) Iron and steel mills.
(D) Rolled shape manufacturing.
(b) (1) On or before January 1, 2018, the trustees shall prepare and submit to the Legislature and the Governor a report on the greenhouse gas emissions that are associated with
energy-intensive
emissions-intensive
products in projects within the jurisdiction of the trustees. The emissions total shall take into account the greenhouse gas emissions that are produced when the
energy-intensive
emissions-intensive
product is manufactured or produced and the greenhouse gas emissions associated with the transportation of the
energy-intensive
emissions-intensive
product from the site of its manufacture to the project site.
(2) A report submitted pursuant to paragraph (1) shall be submitted in accordance with Section 9795 of the Government Code.
(3) The requirement for submitting a report pursuant to this subdivision is inoperative on January 1, 2021, pursuant to Section 10231.5 of the Government Code.
(c) As of January 1, 2018, the trustees shall incorporate the greenhouse gas emissions information described in subdivision (b) into California State University procurement processes, including bid specifications, to procure
energy-intensive
emissions-intensive
products with the lowest greenhouse gas emissions profile that meet standards imposed by a state agency for quality or safety purposes.
### Summary:
This bill would require the Department of General Services, the University of California, and the California State University to report on the greenhouse gas emissions associated with energy-intensive |
The people of the State of California do enact as follows:
SECTION 1.
Section 49475.5 is added to the Education Code, to read:
49475.5.
(a) The Neurocognitive Testing Pilot Grant Program is hereby established to provide grant funding to Title I schools for the purposes of neurocognitive testing.
(b) The Superintendent shall establish an application process for school districts to apply on behalf of Title I schools interested in participating in the pilot program. Grants shall be apportioned under the pilot program to a total of three school districts, which shall comprise one school district in each of the following regions of the state: southern, central, and northern. Each school district shall commit to participating in the pilot program for four school years in order to track pupils tested in grade 9 through completion of high school. Grant funding shall be used for the following:
(1) (A) Baseline and postinjury neurocognitive testing of pupils attending a Title I school serving any of grades 9 to 12, inclusive, participating in interscholastic athletics in any of the following sports:
(i) Baseball.
(ii) Basketball.
(iii) Cheerleading.
(iv) Field hockey.
(v) Football.
(vi) Ice hockey.
(vii) Lacrosse.
(viii) Rugby.
(ix) Soccer.
(x) Softball.
(xi) Volleyball.
(xii) Wrestling.
(B) The baseline and postinjury neurocognitive testing conducted pursuant to this subdivision shall take place at the beginning of an athletic season before any competitions have taken place and after any head injury, and baseline testing shall be repeated at intervals not exceeding 24 months for as long as the athlete is enrolled at the school, provided that the athlete is still participating in one or more of the 12 sports listed in subparagraph (A). The baseline and postinjury neurocognitive testing conducted pursuant to this subdivision shall be administered by individuals who have been trained to administer these tests. These individuals may include, but are not necessarily limited to, employees of a participating school district.
(2) Postinjury neurocognitive testing of an athlete who is suspected of sustaining a concussion or head injury in an interscholastic athletic activity. Postinjury neurocognitive tests shall be conducted within 72 hours of the occurrence of the injury.
(3) Training of personnel or to consult with experts on the interpretation of postinjury test results. The parent or guardian of each athlete participating in any of the sports listed in paragraph (1) shall also be notified, in writing, that the results of baseline and postinjury neurocognitive testing conducted on his or her child are available to the child’s parent or guardian upon request. These neurocognitive testing results may also be shared with the athlete’s physician upon the request of the athlete’s parent or guardian.
(4) Reporting to the county office of education data that includes an overview of the baseline neurocognitive testing conducted for each of the sports listed in paragraph (1), and an overview of normal, abnormal, and followup postinjury neurocognitive tests. The data shall also include the number of athletes who discontinue participation in the sport following a concussion and postinjury testing.
(c) For purposes of this section, “neurocognitive testing” means a comprehensive evaluation of a person’s cognitive status by specific neurologic domains, including, but not necessarily limited to, memory, attention, problem solving, language, visuospatial, processing speed, motor, and emotion.
(d) (1) The department shall, based on the data collected by the county offices of education located in the area of participating school districts, prepare a report including, but not necessarily limited to, all of the following information:
(A) The number of athletes who received the baseline tests.
(B) The number of athletes who received the postinjury tests.
(C) The number of athletes who had taken the tests and discontinued participation in any of the sports set forth in subdivision (b) due to concussion injuries.
(2) The report prepared pursuant to this subdivision shall be submitted to the appropriate policy committees of the Legislature on or before December 31, 2021, and shall comply with Section 9795 of the Government Code.
(e) This section is contingent upon the appropriation of funds for its purposes in the annual Budget Act or another statute.
(f) This section shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date.
SEC. 2.
Section 49475.6 is added to the Education Code, to read:
49475.6.
A school district, charter school, or private school that elects to offer an interscholastic athletic program shall collect and maintain data on traumatic brain injuries and concussions sustained by any of its pupils during an interscholastic athletic activity. This data shall be reported periodically to the appropriate county office of education, but the names of the injured pupils shall be kept confidential. The county office of education shall compile and retain the data for summary and analysis as it deems necessary.
SEC. 3.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | (1) Existing law requires a school district, charter school, or private school, if it offers an athletic program, to immediately remove an athlete from an athletic activity for the remainder of the day if the athlete is suspected of sustaining a concussion or head injury, and prohibits the athlete from returning to the athletic activity until the athlete is evaluated by a licensed health care provider, trained in the management of concussions and acting within the scope of his or her practice, and the athlete receives written clearance from the licensed health care provider to return to the athletic activity. Existing law also requires, on a yearly basis, a concussion and head injury information sheet to be signed and returned by the athlete and athlete’s parent or guardian before the athlete initiates practice or competition.
This bill would establish the Neurocognitive Testing Pilot Grant Program to provide grant funding to Title I schools for the purposes of neurocognitive testing. The bill would require the Superintendent of Public Instruction to establish an application process for school districts to apply on behalf of Title I schools interested in participating in the pilot program. The bill would require grants under the pilot program to be apportioned to a total of 3 school districts, comprising one school district in each of the following regions of the state: southern, central, and northern. A participating school district would be required to commit to participating in the pilot program for 4 school years in order to track pupils tested in grade 9 through completion of high school.
The bill would require that grant funds would be used for baseline and postinjury neurocognitive testing, as defined, for pupils attending a Title I school serving any of grades 9 to 12, inclusive, who participate in interscholastic athletics in any of 12 designated sports. The bill would require this baseline and postinjury neurocognitive testing to take place at the beginning of an athletic season before any competitions have taken place and after any head injury, and would require that baseline neurocognitive testing be repeated at intervals not exceeding 24 months for as long as the athlete is enrolled at the school and participating in one or more of the 12 sports listed in the bill. The bill would require the baseline and postinjury neurocognitive testing conducted pursuant to the bill to be administered by individuals, including, but not necessarily limited to, employees of a participating school district, who have been trained to administer these tests.
The bill would also provide that grant funds could be used for training of personnel and consultation with experts, as specified. The bill would further provide that, under the pilot program, the parent or guardian of each athlete participating in any of the 12 interscholastic sports listed in the bill would be notified, in writing, that the results of baseline and postinjury neurocognitive testing conducted on his or her child are available to the child’s parent or guardian, or could be shared with the athlete’s physician, upon request.
The bill would also provide that grant funds could be used for reporting specified data relating to the baseline neurocognitive testing to the appropriate county office of education. The bill would require the State Department of Education to submit a report containing specified information to the appropriate policy committees of the Legislature on or before December 31, 2021.
These provisions would be contingent upon the appropriation of funds for their purposes in the annual Budget Act or another statute.
These provisions would be repealed on January 1, 2022.
(2) Existing law provides that, if a licensed health care provider determines that an athlete sustained a concussion or a head injury while engaging in an athletic activity, the athlete is required to complete a graduated return-to-play protocol of no less than 7 days in duration under the supervision of a licensed health care provider.
This bill would require a school district, charter school, or private school that offers an interscholastic athletic program to collect and maintain data on traumatic brain injuries and concussions sustained by any of its pupils during an interscholastic athletic activity. The bill would require that this data be reported periodically to the appropriate county office of education, and would require the county office of education to compile and retain the data for summary and analysis as it deems necessary. By imposing new duties on county offices of education, the bill would impose a state-mandated local program.
(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
Section 49475.5 is added to the Education Code, to read:
49475.5.
(a) The Neurocognitive Testing Pilot Grant Program is hereby established to provide grant funding to Title I schools for the purposes of neurocognitive testing.
(b) The Superintendent shall establish an application process for school districts to apply on behalf of Title I schools interested in participating in the pilot program. Grants shall be apportioned under the pilot program to a total of three school districts, which shall comprise one school district in each of the following regions of the state: southern, central, and northern. Each school district shall commit to participating in the pilot program for four school years in order to track pupils tested in grade 9 through completion of high school. Grant funding shall be used for the following:
(1) (A) Baseline and postinjury neurocognitive testing of pupils attending a Title I school serving any of grades 9 to 12, inclusive, participating in interscholastic athletics in any of the following sports:
(i) Baseball.
(ii) Basketball.
(iii) Cheerleading.
(iv) Field hockey.
(v) Football.
(vi) Ice hockey.
(vii) Lacrosse.
(viii) Rugby.
(ix) Soccer.
(x) Softball.
(xi) Volleyball.
(xii) Wrestling.
(B) The baseline and postinjury neurocognitive testing conducted pursuant to this subdivision shall take place at the beginning of an athletic season before any competitions have taken place and after any head injury, and baseline testing shall be repeated at intervals not exceeding 24 months for as long as the athlete is enrolled at the school, provided that the athlete is still participating in one or more of the 12 sports listed in subparagraph (A). The baseline and postinjury neurocognitive testing conducted pursuant to this subdivision shall be administered by individuals who have been trained to administer these tests. These individuals may include, but are not necessarily limited to, employees of a participating school district.
(2) Postinjury neurocognitive testing of an athlete who is suspected of sustaining a concussion or head injury in an interscholastic athletic activity. Postinjury neurocognitive tests shall be conducted within 72 hours of the occurrence of the injury.
(3) Training of personnel or to consult with experts on the interpretation of postinjury test results. The parent or guardian of each athlete participating in any of the sports listed in paragraph (1) shall also be notified, in writing, that the results of baseline and postinjury neurocognitive testing conducted on his or her child are available to the child’s parent or guardian upon request. These neurocognitive testing results may also be shared with the athlete’s physician upon the request of the athlete’s parent or guardian.
(4) Reporting to the county office of education data that includes an overview of the baseline neurocognitive testing conducted for each of the sports listed in paragraph (1), and an overview of normal, abnormal, and followup postinjury neurocognitive tests. The data shall also include the number of athletes who discontinue participation in the sport following a concussion and postinjury testing.
(c) For purposes of this section, “neurocognitive testing” means a comprehensive evaluation of a person’s cognitive status by specific neurologic domains, including, but not necessarily limited to, memory, attention, problem solving, language, visuospatial, processing speed, motor, and emotion.
(d) (1) The department shall, based on the data collected by the county offices of education located in the area of participating school districts, prepare a report including, but not necessarily limited to, all of the following information:
(A) The number of athletes who received the baseline tests.
(B) The number of athletes who received the postinjury tests.
(C) The number of athletes who had taken the tests and discontinued participation in any of the sports set forth in subdivision (b) due to concussion injuries.
(2) The report prepared pursuant to this subdivision shall be submitted to the appropriate policy committees of the Legislature on or before December 31, 2021, and shall comply with Section 9795 of the Government Code.
(e) This section is contingent upon the appropriation of funds for its purposes in the annual Budget Act or another statute.
(f) This section shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date.
SEC. 2.
Section 49475.6 is added to the Education Code, to read:
49475.6.
A school district, charter school, or private school that elects to offer an interscholastic athletic program shall collect and maintain data on traumatic brain injuries and concussions sustained by any of its pupils during an interscholastic athletic activity. This data shall be reported periodically to the appropriate county office of education, but the names of the injured pupils shall be kept confidential. The county office of education shall compile and retain the data for summary and analysis as it deems necessary.
SEC. 3.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
### Summary:
<bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos> |
The people of the State of California do enact as follows:
SECTION 1.
Section 647 of the Penal Code is amended to read:
647.
Except as provided in subdivision (l),
every
a
person who commits any of the following acts is guilty of disorderly conduct, a misdemeanor:
(a) Who solicits anyone to engage in or who engages in lewd or dissolute conduct in any public place or in any place open to the public or exposed to public view.
(b) Who solicits or who agrees to engage in or who engages in any act of prostitution. A person agrees to engage in an act of prostitution when, with specific intent to so engage, he or she manifests an acceptance of an offer or solicitation to so engage, regardless of whether the offer or solicitation was made by a person who also possessed the specific intent to engage in prostitution. No agreement to engage in an act of prostitution shall constitute a violation of this subdivision unless some act, in addition to the agreement, is done within this state in furtherance of the commission of an act of prostitution by the person agreeing to engage in that act. As used in this subdivision, “prostitution” includes any lewd act between persons for money or other consideration.
(c) Who accosts other persons in any public place or in any place open to the public for the purpose of begging or soliciting alms.
(d) Who loiters in or about any toilet open to the public for the purpose of engaging in or soliciting any lewd or lascivious or any unlawful act.
(e) Who lodges in any building, structure, vehicle, or place, whether public or private, without the permission of the owner or person entitled to the possession or in control of it.
(f) Who is found in any public place under the influence of intoxicating liquor, any drug, controlled substance, toluene, or any combination of any intoxicating liquor, drug, controlled substance, or toluene, in a condition that he or she is unable to exercise care for his or her own safety or the safety of others, or by reason of his or her being under the influence of intoxicating liquor, any drug, controlled substance, toluene, or any combination of any intoxicating liquor, drug, or toluene, interferes with or obstructs or prevents the free use of any street, sidewalk, or other public way.
(g) When a person has violated subdivision (f), a peace officer, if he or she is reasonably able to do so, shall place the person, or cause him or her to be placed, in civil protective custody. The person shall be taken to a facility, designated pursuant to Section 5170 of the Welfare and Institutions Code, for the 72-hour treatment and evaluation of inebriates. A peace officer may place a person in civil protective custody with that kind and degree of force
which
that
would be lawful were he or she effecting an arrest for a misdemeanor without a warrant. A person who has been placed in civil protective custody shall not thereafter be subject to any criminal prosecution or juvenile court proceeding based on the facts giving rise to this placement. This subdivision shall not apply to the following persons:
(1) Any person who is under the influence of any drug, or under the combined influence of intoxicating liquor and any drug.
(2) Any person who a peace officer has probable cause to believe has committed any felony, or who has committed any misdemeanor in addition to subdivision (f).
(3) Any person who a peace officer in good faith believes will attempt escape or will be unreasonably difficult for medical personnel to control.
(h) Who loiters, prowls, or wanders upon the private property of another, at any time, without visible or lawful business with the owner or occupant. As used in this subdivision, “loiter” means to delay or linger without a lawful purpose for being on the property and for the purpose of committing a crime as opportunity may be discovered.
(i) Who, while loitering, prowling, or wandering upon the private property of another, at any time, peeks in the door or window of any inhabited building or structure, without visible or lawful business with the owner or occupant.
(j) (1) Any person who looks through a hole or opening, into, or otherwise views, by means of any instrumentality, including, but not limited to, a periscope, telescope, binoculars, camera, motion picture camera, camcorder, or mobile phone, the interior of a bedroom, bathroom, changing room, fitting room, dressing room, or tanning booth, or the interior of any other area in which the occupant has a reasonable expectation of privacy, with the intent to invade the privacy of a person or persons inside. This subdivision shall not apply to those areas of a private business used to count currency or other negotiable instruments.
(2) Any person who uses a concealed camcorder, motion picture camera, or photographic camera of any type, to secretly videotape, film, photograph, or record by electronic means, another, identifiable person under or through the clothing being worn by that other person, for the purpose of viewing the body of, or the undergarments worn by, that other person, without the consent or knowledge of that other person, with the intent to arouse, appeal to, or gratify the lust, passions, or sexual desires of that person and invade the privacy of that other person, under circumstances in which the other person has a reasonable expectation of privacy.
(3) (A) Any person who uses a concealed camcorder, motion picture camera, or photographic camera of any type, to secretly videotape, film, photograph, or record by electronic means, another, identifiable person who may be in a state of full or partial undress, for the purpose of viewing the body of, or the undergarments worn by, that other person, without the consent or knowledge of that other person, in the interior of a bedroom, bathroom, changing room, fitting room, dressing room, or tanning booth, or the interior of any other area in which that other person has a reasonable expectation of privacy, with the intent to invade the privacy of that other person.
(B) Neither of the following is a defense to the crime specified in this paragraph:
(i) The defendant was a cohabitant, landlord, tenant, cotenant, employer, employee, or business partner or associate of the victim, or an agent of any of these.
(ii) The victim was not in a state of full or partial undress.
(4) (A) Any person who intentionally distributes the image of the intimate body part or parts of another identifiable person, or an image of the person depicted engaged in an act of sexual intercourse, sodomy, oral copulation, sexual penetration, or an image of masturbation by the person depicted or in which the person depicted participates, under circumstances in which the persons agree or understand that the image shall remain private, the person distributing the image knows or should know that distribution of the image will cause serious emotional distress, and the person depicted suffers that distress.
(B) A person intentionally distributes an image described in subparagraph (A) when he or she personally distributes the image, or arranges, specifically requests, or intentionally causes another person to distribute that image.
(C) As used in this paragraph, “intimate body part” means any portion of the genitals, the anus and in the case of a female, also includes any portion of the breasts below the top of the areola, that is either uncovered or clearly visible through clothing.
(D) It shall not be a violation of this paragraph to distribute an image described in subparagraph (A) if any of the following applies:
(i) The distribution is made in the course of reporting an unlawful activity.
(ii) The distribution is made in compliance with a subpoena or other court order for use in a legal proceeding.
(iii) The distribution is made in the course of a lawful public proceeding.
(5) This subdivision shall not preclude punishment under any section of law providing for greater punishment.
(k) In any accusatory pleading charging a violation of subdivision (b), if the defendant has been once previously convicted of a violation of that subdivision, the previous conviction shall be charged in the accusatory pleading. If the previous conviction is found to be true by the jury, upon a jury trial, or by the court, upon a court trial, or is admitted by the defendant, the defendant shall be imprisoned in a county jail for a period of not less than 45 days and shall not be eligible for release upon completion of sentence, on probation, on parole, on work furlough or work release, or on any other basis until he or she has served a period of not less than 45 days in a county jail. In all cases in which probation is granted, the court shall require as a condition thereof that the person be confined in a county jail for at least 45 days. In no event does the court have the power to absolve a person who violates this subdivision from the obligation of spending at least 45 days in confinement in a county jail.
In any accusatory pleading charging a violation of subdivision (b), if the defendant has been previously convicted two or more times of a violation of that subdivision, each of these previous convictions shall be charged in the accusatory pleading. If two or more of these previous convictions are found to be true by the jury, upon a jury trial, or by the court, upon a court trial, or are admitted by the defendant, the defendant shall be imprisoned in a county jail for a period of not less than 90 days and shall not be eligible for release upon completion of sentence, on probation, on parole, on work furlough or work release, or on any other basis until he or she has served a period of not less than 90 days in a county jail. In all cases in which probation is granted, the court shall require as a condition thereof that the person be confined in a county jail for at least 90 days. In no event does the court have the power to absolve a person who violates this subdivision from the obligation of spending at least 90 days in confinement in a county jail.
In addition to any punishment prescribed by this section, a court may suspend, for not more than 30 days, the privilege of the person to operate a motor vehicle pursuant to Section 13201.5 of the Vehicle Code for any violation of subdivision (b) that was committed within 1,000 feet of a private residence and with the use of a vehicle. In lieu of the suspension, the court may order a person’s privilege to operate a motor vehicle restricted, for not more than six months, to necessary travel to and from the person’s place of employment or education. If driving a motor vehicle is necessary to perform the duties of the person’s employment, the court may also allow the person to drive in that person’s scope of employment.
(l) (1) A second or subsequent violation of subdivision (j) is punishable by imprisonment in a county jail not exceeding one year, or by a fine not exceeding two thousand dollars ($2,000), or by both that fine and imprisonment.
(2) If the victim of a violation of subdivision (j) was a minor at the time of the offense, the violation is punishable by imprisonment in a county jail not exceeding one year, or by a fine not exceeding two thousand dollars ($2,000), or by both that fine and imprisonment.
(m) (1) If a crime is committed in violation of subdivision (b) and the person who was solicited was a minor at the time of the offense, and if the defendant knew or should have known that the person who was solicited was a minor at the time of the offense, the violation is punishable by imprisonment in a county jail for not less than two days and not more than one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both that fine and imprisonment.
(2) The court may, in unusual cases, when the interests of justice are best served, reduce or eliminate the mandatory two days of imprisonment in a county jail required by this subdivision. If the court reduces or eliminates the mandatory two days’ imprisonment, the court shall specify the reason on the record. | Existing law makes it a misdemeanor to commit certain acts of disorderly conduct, relating to, among other things, prostitution, loitering, obstruction of the free use of a public way as a result of being under the influence of certain substances, and invasion of privacy by means of an instrumentality, as specified.
This bill would make technical, nonsubstantive changes to some of those provisions. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
Section 647 of the Penal Code is amended to read:
647.
Except as provided in subdivision (l),
every
a
person who commits any of the following acts is guilty of disorderly conduct, a misdemeanor:
(a) Who solicits anyone to engage in or who engages in lewd or dissolute conduct in any public place or in any place open to the public or exposed to public view.
(b) Who solicits or who agrees to engage in or who engages in any act of prostitution. A person agrees to engage in an act of prostitution when, with specific intent to so engage, he or she manifests an acceptance of an offer or solicitation to so engage, regardless of whether the offer or solicitation was made by a person who also possessed the specific intent to engage in prostitution. No agreement to engage in an act of prostitution shall constitute a violation of this subdivision unless some act, in addition to the agreement, is done within this state in furtherance of the commission of an act of prostitution by the person agreeing to engage in that act. As used in this subdivision, “prostitution” includes any lewd act between persons for money or other consideration.
(c) Who accosts other persons in any public place or in any place open to the public for the purpose of begging or soliciting alms.
(d) Who loiters in or about any toilet open to the public for the purpose of engaging in or soliciting any lewd or lascivious or any unlawful act.
(e) Who lodges in any building, structure, vehicle, or place, whether public or private, without the permission of the owner or person entitled to the possession or in control of it.
(f) Who is found in any public place under the influence of intoxicating liquor, any drug, controlled substance, toluene, or any combination of any intoxicating liquor, drug, controlled substance, or toluene, in a condition that he or she is unable to exercise care for his or her own safety or the safety of others, or by reason of his or her being under the influence of intoxicating liquor, any drug, controlled substance, toluene, or any combination of any intoxicating liquor, drug, or toluene, interferes with or obstructs or prevents the free use of any street, sidewalk, or other public way.
(g) When a person has violated subdivision (f), a peace officer, if he or she is reasonably able to do so, shall place the person, or cause him or her to be placed, in civil protective custody. The person shall be taken to a facility, designated pursuant to Section 5170 of the Welfare and Institutions Code, for the 72-hour treatment and evaluation of inebriates. A peace officer may place a person in civil protective custody with that kind and degree of force
which
that
would be lawful were he or she effecting an arrest for a misdemeanor without a warrant. A person who has been placed in civil protective custody shall not thereafter be subject to any criminal prosecution or juvenile court proceeding based on the facts giving rise to this placement. This subdivision shall not apply to the following persons:
(1) Any person who is under the influence of any drug, or under the combined influence of intoxicating liquor and any drug.
(2) Any person who a peace officer has probable cause to believe has committed any felony, or who has committed any misdemeanor in addition to subdivision (f).
(3) Any person who a peace officer in good faith believes will attempt escape or will be unreasonably difficult for medical personnel to control.
(h) Who loiters, prowls, or wanders upon the private property of another, at any time, without visible or lawful business with the owner or occupant. As used in this subdivision, “loiter” means to delay or linger without a lawful purpose for being on the property and for the purpose of committing a crime as opportunity may be discovered.
(i) Who, while loitering, prowling, or wandering upon the private property of another, at any time, peeks in the door or window of any inhabited building or structure, without visible or lawful business with the owner or occupant.
(j) (1) Any person who looks through a hole or opening, into, or otherwise views, by means of any instrumentality, including, but not limited to, a periscope, telescope, binoculars, camera, motion picture camera, camcorder, or mobile phone, the interior of a bedroom, bathroom, changing room, fitting room, dressing room, or tanning booth, or the interior of any other area in which the occupant has a reasonable expectation of privacy, with the intent to invade the privacy of a person or persons inside. This subdivision shall not apply to those areas of a private business used to count currency or other negotiable instruments.
(2) Any person who uses a concealed camcorder, motion picture camera, or photographic camera of any type, to secretly videotape, film, photograph, or record by electronic means, another, identifiable person under or through the clothing being worn by that other person, for the purpose of viewing the body of, or the undergarments worn by, that other person, without the consent or knowledge of that other person, with the intent to arouse, appeal to, or gratify the lust, passions, or sexual desires of that person and invade the privacy of that other person, under circumstances in which the other person has a reasonable expectation of privacy.
(3) (A) Any person who uses a concealed camcorder, motion picture camera, or photographic camera of any type, to secretly videotape, film, photograph, or record by electronic means, another, identifiable person who may be in a state of full or partial undress, for the purpose of viewing the body of, or the undergarments worn by, that other person, without the consent or knowledge of that other person, in the interior of a bedroom, bathroom, changing room, fitting room, dressing room, or tanning booth, or the interior of any other area in which that other person has a reasonable expectation of privacy, with the intent to invade the privacy of that other person.
(B) Neither of the following is a defense to the crime specified in this paragraph:
(i) The defendant was a cohabitant, landlord, tenant, cotenant, employer, employee, or business partner or associate of the victim, or an agent of any of these.
(ii) The victim was not in a state of full or partial undress.
(4) (A) Any person who intentionally distributes the image of the intimate body part or parts of another identifiable person, or an image of the person depicted engaged in an act of sexual intercourse, sodomy, oral copulation, sexual penetration, or an image of masturbation by the person depicted or in which the person depicted participates, under circumstances in which the persons agree or understand that the image shall remain private, the person distributing the image knows or should know that distribution of the image will cause serious emotional distress, and the person depicted suffers that distress.
(B) A person intentionally distributes an image described in subparagraph (A) when he or she personally distributes the image, or arranges, specifically requests, or intentionally causes another person to distribute that image.
(C) As used in this paragraph, “intimate body part” means any portion of the genitals, the anus and in the case of a female, also includes any portion of the breasts below the top of the areola, that is either uncovered or clearly visible through clothing.
(D) It shall not be a violation of this paragraph to distribute an image described in subparagraph (A) if any of the following applies:
(i) The distribution is made in the course of reporting an unlawful activity.
(ii) The distribution is made in compliance with a subpoena or other court order for use in a legal proceeding.
(iii) The distribution is made in the course of a lawful public proceeding.
(5) This subdivision shall not preclude punishment under any section of law providing for greater punishment.
(k) In any accusatory pleading charging a violation of subdivision (b), if the defendant has been once previously convicted of a violation of that subdivision, the previous conviction shall be charged in the accusatory pleading. If the previous conviction is found to be true by the jury, upon a jury trial, or by the court, upon a court trial, or is admitted by the defendant, the defendant shall be imprisoned in a county jail for a period of not less than 45 days and shall not be eligible for release upon completion of sentence, on probation, on parole, on work furlough or work release, or on any other basis until he or she has served a period of not less than 45 days in a county jail. In all cases in which probation is granted, the court shall require as a condition thereof that the person be confined in a county jail for at least 45 days. In no event does the court have the power to absolve a person who violates this subdivision from the obligation of spending at least 45 days in confinement in a county jail.
In any accusatory pleading charging a violation of subdivision (b), if the defendant has been previously convicted two or more times of a violation of that subdivision, each of these previous convictions shall be charged in the accusatory pleading. If two or more of these previous convictions are found to be true by the jury, upon a jury trial, or by the court, upon a court trial, or are admitted by the defendant, the defendant shall be imprisoned in a county jail for a period of not less than 90 days and shall not be eligible for release upon completion of sentence, on probation, on parole, on work furlough or work release, or on any other basis until he or she has served a period of not less than 90 days in a county jail. In all cases in which probation is granted, the court shall require as a condition thereof that the person be confined in a county jail for at least 90 days. In no event does the court have the power to absolve a person who violates this subdivision from the obligation of spending at least 90 days in confinement in a county jail.
In addition to any punishment prescribed by this section, a court may suspend, for not more than 30 days, the privilege of the person to operate a motor vehicle pursuant to Section 13201.5 of the Vehicle Code for any violation of subdivision (b) that was committed within 1,000 feet of a private residence and with the use of a vehicle. In lieu of the suspension, the court may order a person’s privilege to operate a motor vehicle restricted, for not more than six months, to necessary travel to and from the person’s place of employment or education. If driving a motor vehicle is necessary to perform the duties of the person’s employment, the court may also allow the person to drive in that person’s scope of employment.
(l) (1) A second or subsequent violation of subdivision (j) is punishable by imprisonment in a county jail not exceeding one year, or by a fine not exceeding two thousand dollars ($2,000), or by both that fine and imprisonment.
(2) If the victim of a violation of subdivision (j) was a minor at the time of the offense, the violation is punishable by imprisonment in a county jail not exceeding one year, or by a fine not exceeding two thousand dollars ($2,000), or by both that fine and imprisonment.
(m) (1) If a crime is committed in violation of subdivision (b) and the person who was solicited was a minor at the time of the offense, and if the defendant knew or should have known that the person who was solicited was a minor at the time of the offense, the violation is punishable by imprisonment in a county jail for not less than two days and not more than one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both that fine and imprisonment.
(2) The court may, in unusual cases, when the interests of justice are best served, reduce or eliminate the mandatory two days of imprisonment in a county jail required by this subdivision. If the court reduces or eliminates the mandatory two days’ imprisonment, the court shall specify the reason on the record.
### Summary:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
Section 647 of |
The people of the State of California do enact as follows:
SECTION 1.
Section 836 of the Penal Code is amended to read:
836.
(a) A peace officer may arrest a person in obedience to a
warrant,
warrant
or, pursuant to the authority granted to him or her by Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, without a
warrant, may arrest a person
warrant
whenever any of the following circumstances occur:
(1) The officer has probable cause to believe that the person to be arrested has committed a public offense in the officer’s presence.
(2) The person arrested has committed a felony, although not in the officer’s presence.
(3) The officer has probable cause to believe that the person to be arrested has committed a felony, whether or not a felony, in fact, has been committed.
(b) Any time a peace officer is called out on a domestic violence call, it shall be mandatory that the officer make a good faith effort to inform the victim of his or her right to make a citizen’s arrest, unless the peace officer makes an arrest for a violation of paragraph (1) of subdivision (e) of Section 243 or 273.5. This information shall include advising the victim how to safely execute the arrest.
(c) (1) When a peace officer is responding to a call alleging a violation of a domestic violence protective or restraining order issued under Section 527.6 of the Code of Civil Procedure, the Family Code, Section 136.2, 646.91, or paragraph (2) of subdivision (a) of Section 1203.097 of this code, Section 213.5 or 15657.03 of the Welfare and Institutions Code, or of a domestic violence protective or restraining order issued by the court of another state, tribe, or territory and the peace officer has probable cause to believe that the person against whom the order is issued has notice of the order and has committed an act in violation of the order, the officer shall, consistent with subdivision (b) of Section 13701, make a lawful arrest of the person without a warrant and take that person into custody whether or not the violation occurred in the presence of the arresting officer. The officer shall, as soon as possible after the arrest, confirm with the appropriate authorities or the Domestic Violence Protection Order Registry maintained pursuant to Section 6380 of the Family Code that a true copy of the protective order has been registered, unless the victim provides the officer with a copy of the protective order.
(2) The person against whom a protective order has been issued shall be deemed to have notice of the order if the victim presents to the officer proof of service of the order, the officer confirms with the appropriate authorities that a true copy of the proof of service is on file, or the person against whom the protective order was issued was present at the protective order hearing or was informed by a peace officer of the contents of the protective order.
(3) In situations where mutual protective orders have been issued under Division 10 (commencing with Section 6200) of the Family Code, liability for arrest under this subdivision applies only to those persons who are reasonably believed to have been the dominant aggressor. In those situations, prior to making an arrest under this subdivision, the peace officer shall make reasonable efforts to identify, and may arrest, the dominant aggressor involved in the incident. The dominant aggressor is the person determined to be the most significant, rather than the first, aggressor. In identifying the dominant aggressor, an officer shall consider (A) the intent of the law to protect victims of domestic violence from continuing abuse, (B) the threats creating fear of physical injury, (C) the history of domestic violence between the persons involved, and (D) whether either person involved acted in self-defense.
(d) Notwithstanding paragraph (1) of subdivision (a), if a suspect commits an assault or battery upon a current or former spouse, fiancé, fiancée, a current or former cohabitant as defined in Section 6209 of the Family Code, a person with whom the suspect currently is having or has previously had an engagement or dating relationship, as defined in paragraph (10) of subdivision (f) of Section 243, a person with whom the suspect has parented a child, or is presumed to have parented a child pursuant to the Uniform Parentage Act (Part 3 (commencing with Section 7600) of Division 12 of the Family Code), a child of the suspect, a child whose parentage by the suspect is the subject of an action under the Uniform Parentage Act, a child of a person in one of the above categories, any other person related to the suspect by consanguinity or affinity within the second degree, or any person who is 65 years of age or older and who is related to the suspect by blood or legal guardianship, a peace officer may arrest the suspect without a warrant
where
when
both of the following circumstances apply:
(1) The peace officer has probable cause to believe that the person to be arrested has committed the assault or battery, whether or not it has in fact been committed.
(2) The peace officer makes the arrest as soon as probable cause arises to believe that the person to be arrested has committed the assault or battery, whether or not it has in fact been committed.
(e) In addition to the authority to make an arrest without a warrant pursuant to paragraphs (1) and (3) of subdivision (a), a peace officer may, without a warrant, arrest a person for a violation of Section 25400 when all of the following apply:
(1) The officer has reasonable cause to believe that the person to be arrested has committed the violation of Section 25400.
(2) The violation of Section 25400 occurred within an airport, as defined in Section 21013 of the Public Utilities Code, in an area to which access is controlled by the inspection of persons and property.
(3) The peace officer makes the arrest as soon as reasonable cause arises to believe that the person to be arrested has committed the violation of Section 25400.
(f) In addition to the authority to make an arrest without a warrant pursuant to subdivision (a), a peace officer may arrest a person without a warrant if the officer has probable cause to believe that the person to be arrested has violated subdivision (m) of Section 647, even if that violation was not in the presence of the officer.
SECTION 1.
Section 15030 is added to the
Government Code
, to read:
15030.
(a)On or before January 1, 2018, the Department of Justice shall expand its shared gang database, as defined in Section 186.34 of the Penal Code, in order to provide accurate, timely, and electronically generated data of statewide human trafficking intelligence information. The purpose of this expansion shall be to allow law enforcement agencies in California to collaborate in reducing the incidence of human trafficking.
(b)The department may promulgate regulations to implement this section.
(c)For purposes of this section, “human trafficking” has the same meaning as defined in Section 236.1 of the Penal Code. | Existing law authorizes a peace officer to arrest a person without a warrant if the officer has probable cause to believe that the person has committed a public offense in the officer’s presence or if the officer has probable cause to believe that the person has committed a felony.
This bill would authorize a peace officer to arrest a person without a warrant if the officer has probable cause to believe that the person has committed the misdemeanor offense of soliciting a minor for prostitution.
Existing law requires the Department of Justice to seek to control and eradicate organized crime by, among other things, gathering, analyzing, and storing intelligence related to organized crime and providing this intelligence to local, state, and federal law enforcement units. Existing law also requires, prior to a local law enforcement agency designating, or submitting a document to the Attorney General’s office for the purpose of designating, a person as a gang member, associate, or affiliate in a shared gang database, as defined, the local law enforcement agency to provide written notice to the person and his or her parent or guardian of the designation and the basis for the designation if the person is under 18 years of age, except as specified. Existing law authorizes the person or his or her parent or guardian to submit written documentation contesting that designation and requires the local law enforcement agency to provide written verification of its decision within 60 days.
This bill would require the department, on or before January 1, 2018, to expand its shared gang database, as defined in the provision described above, in order to provide accurate, timely, and electronically generated data of statewide human trafficking intelligence information. The bill would specify that the purpose of that expansion is to allow law enforcement agencies in California to collaborate in reducing the incidence of human trafficking. The bill would authorize the department to promulgate regulations to implement its provisions. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
Section 836 of the Penal Code is amended to read:
836.
(a) A peace officer may arrest a person in obedience to a
warrant,
warrant
or, pursuant to the authority granted to him or her by Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, without a
warrant, may arrest a person
warrant
whenever any of the following circumstances occur:
(1) The officer has probable cause to believe that the person to be arrested has committed a public offense in the officer’s presence.
(2) The person arrested has committed a felony, although not in the officer’s presence.
(3) The officer has probable cause to believe that the person to be arrested has committed a felony, whether or not a felony, in fact, has been committed.
(b) Any time a peace officer is called out on a domestic violence call, it shall be mandatory that the officer make a good faith effort to inform the victim of his or her right to make a citizen’s arrest, unless the peace officer makes an arrest for a violation of paragraph (1) of subdivision (e) of Section 243 or 273.5. This information shall include advising the victim how to safely execute the arrest.
(c) (1) When a peace officer is responding to a call alleging a violation of a domestic violence protective or restraining order issued under Section 527.6 of the Code of Civil Procedure, the Family Code, Section 136.2, 646.91, or paragraph (2) of subdivision (a) of Section 1203.097 of this code, Section 213.5 or 15657.03 of the Welfare and Institutions Code, or of a domestic violence protective or restraining order issued by the court of another state, tribe, or territory and the peace officer has probable cause to believe that the person against whom the order is issued has notice of the order and has committed an act in violation of the order, the officer shall, consistent with subdivision (b) of Section 13701, make a lawful arrest of the person without a warrant and take that person into custody whether or not the violation occurred in the presence of the arresting officer. The officer shall, as soon as possible after the arrest, confirm with the appropriate authorities or the Domestic Violence Protection Order Registry maintained pursuant to Section 6380 of the Family Code that a true copy of the protective order has been registered, unless the victim provides the officer with a copy of the protective order.
(2) The person against whom a protective order has been issued shall be deemed to have notice of the order if the victim presents to the officer proof of service of the order, the officer confirms with the appropriate authorities that a true copy of the proof of service is on file, or the person against whom the protective order was issued was present at the protective order hearing or was informed by a peace officer of the contents of the protective order.
(3) In situations where mutual protective orders have been issued under Division 10 (commencing with Section 6200) of the Family Code, liability for arrest under this subdivision applies only to those persons who are reasonably believed to have been the dominant aggressor. In those situations, prior to making an arrest under this subdivision, the peace officer shall make reasonable efforts to identify, and may arrest, the dominant aggressor involved in the incident. The dominant aggressor is the person determined to be the most significant, rather than the first, aggressor. In identifying the dominant aggressor, an officer shall consider (A) the intent of the law to protect victims of domestic violence from continuing abuse, (B) the threats creating fear of physical injury, (C) the history of domestic violence between the persons involved, and (D) whether either person involved acted in self-defense.
(d) Notwithstanding paragraph (1) of subdivision (a), if a suspect commits an assault or battery upon a current or former spouse, fiancé, fiancée, a current or former cohabitant as defined in Section 6209 of the Family Code, a person with whom the suspect currently is having or has previously had an engagement or dating relationship, as defined in paragraph (10) of subdivision (f) of Section 243, a person with whom the suspect has parented a child, or is presumed to have parented a child pursuant to the Uniform Parentage Act (Part 3 (commencing with Section 7600) of Division 12 of the Family Code), a child of the suspect, a child whose parentage by the suspect is the subject of an action under the Uniform Parentage Act, a child of a person in one of the above categories, any other person related to the suspect by consanguinity or affinity within the second degree, or any person who is 65 years of age or older and who is related to the suspect by blood or legal guardianship, a peace officer may arrest the suspect without a warrant
where
when
both of the following circumstances apply:
(1) The peace officer has probable cause to believe that the person to be arrested has committed the assault or battery, whether or not it has in fact been committed.
(2) The peace officer makes the arrest as soon as probable cause arises to believe that the person to be arrested has committed the assault or battery, whether or not it has in fact been committed.
(e) In addition to the authority to make an arrest without a warrant pursuant to paragraphs (1) and (3) of subdivision (a), a peace officer may, without a warrant, arrest a person for a violation of Section 25400 when all of the following apply:
(1) The officer has reasonable cause to believe that the person to be arrested has committed the violation of Section 25400.
(2) The violation of Section 25400 occurred within an airport, as defined in Section 21013 of the Public Utilities Code, in an area to which access is controlled by the inspection of persons and property.
(3) The peace officer makes the arrest as soon as reasonable cause arises to believe that the person to be arrested has committed the violation of Section 25400.
(f) In addition to the authority to make an arrest without a warrant pursuant to subdivision (a), a peace officer may arrest a person without a warrant if the officer has probable cause to believe that the person to be arrested has violated subdivision (m) of Section 647, even if that violation was not in the presence of the officer.
SECTION 1.
Section 15030 is added to the
Government Code
, to read:
15030.
(a)On or before January 1, 2018, the Department of Justice shall expand its shared gang database, as defined in Section 186.34 of the Penal Code, in order to provide accurate, timely, and electronically generated data of statewide human trafficking intelligence information. The purpose of this expansion shall be to allow law enforcement agencies in California to collaborate in reducing the incidence of human trafficking.
(b)The department may promulgate regulations to implement this section.
(c)For purposes of this section, “human trafficking” has the same meaning as defined in Section 236.1 of the Penal Code.
### Summary:
<bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos> |
The people of the State of California do enact as follows:
SECTION 1.
Section 4927.5 of the Business and Professions Code, as added by Section 2 of Chapter 397 of the Statutes of 2014, is amended to read:
4927.5.
(a) For purposes of this chapter, “approved educational and training program” means a school or college offering education and training in the practice of an acupuncturist that meets all of the following requirements:
(1) Offers curriculum that includes at least 3,000 hours of which at least 2,050 hours are didactic and laboratory training, and at least 950 hours are supervised clinical instruction. Has submitted that curriculum to the board, and has received board approval of the curriculum. Any school or college offering education and training in the practice of acupuncture that was approved by the board prior to January 1, 2017, has not had its approval revoked, and has not changed its curriculum since receiving board approval, is deemed to have had its curriculum approved by the board for the purposes of this section.
(2) Has received full institutional approval under Article 6 (commencing with Section 94885) of Chapter 8 of Part 59 of Division 10 of Title 3 of the Education Code in the field of traditional Asian medicine, or in the case of institutions located outside of this state, approval by the appropriate governmental educational authority using standards equivalent to those of Article 6 (commencing with Section 94885) of Chapter 8 of Part 59 of Division 10 of Title 3 of the Education Code.
(3) Meets any of the following:
(A) Is accredited by the Accreditation Commission for Acupuncture and Oriental Medicine.
(B) Has been granted candidacy status by the Accreditation Commission for Acupuncture and Oriental Medicine.
(C) Has submitted a letter of intent to pursue accreditation to the Accreditation Commission for Acupuncture and Oriental Medicine within 30 days of receiving full institutional approval pursuant to paragraph (2), and is granted candidacy status within three years of the date that letter was submitted.
(b) Within 30 days after receiving curriculum pursuant to paragraph (1), the board shall review the curriculum, determine whether the curriculum satisfies the requirements established by the board, and notify the school or college, the Accreditation Commission for Acupuncture and Oriental Medicine, and Bureau of Private and Postsecondary Education of whether the board has approved the curriculum.
(c) This section shall become operative on January 1, 2017.
SEC. 2.
Section 4928 of the Business and Professions Code is amended to read:
4928.
(a) The Acupuncture Board, which consists of seven members, shall enforce and administer this chapter.
(b) This section shall remain in effect only until January 1, 2019, and as of that date is repealed.
(c) Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 3.
Section 4934 of the Business and Professions Code is amended to read:
4934.
(a) The board, by and with the approval of the director, may appoint an executive officer who is exempt from the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5 of Title 2 of the Government Code).
(b) This section shall remain in effect only until January 1, 2019, and as of that date is repealed.
SEC. 4.
Section 4938 of the Business and Professions Code is amended to read:
4938.
(a) The board shall issue a license to practice acupuncture to any person who makes an application and meets the following requirements:
(1) Is at least 18 years of age.
(2) Furnishes satisfactory evidence of completion of one of the following:
(A) (i) An approved educational and training program.
(ii) If an applicant began his or her educational and training program at a school or college that submitted a letter of intent to pursue accreditation to, or attained candidacy status from, the Accreditation Commission for Acupuncture and Oriental Medicine, but the commission subsequently denied the school or college candidacy status or accreditation, respectively, the board may review and evaluate the educational training and clinical experience to determine whether to waive the requirements set forth in this subdivision with respect to that applicant.
(B) Satisfactory completion of a tutorial program in the practice of an acupuncturist that is approved by the board.
(C) In the case of an applicant who has completed education and training outside the United States, documented educational training and clinical experience that meets the standards established pursuant to Sections 4939 and 4941.
(3) Passes a written examination administered by the board that tests the applicant’s ability, competency, and knowledge in the practice of an acupuncturist. The written examination shall be developed by the Office of Professional Examination Services of the Department of Consumer Affairs.
(4) Is not subject to denial pursuant to Division 1.5 (commencing with Section 475).
(5) Completes a clinical internship training program approved by the board. The clinical internship training program shall not exceed nine months in duration and shall be located in a clinic in this state that is an approved educational and training program. The length of the clinical internship shall depend upon the grades received in the examination and the clinical training already satisfactorily completed by the individual prior to taking the examination. On and after January 1, 1987, individuals with 800 or more hours of documented clinical training shall be deemed to have met this requirement. The purpose of the clinical internship training program shall be to ensure a minimum level of clinical competence.
(b) Each applicant who qualifies for a license shall pay, as a condition precedent to its issuance and in addition to other fees required, the initial licensure fee.
SEC. 5.
Section 4939 of the Business and Professions Code, as amended by Section 37 of Chapter 426 of the Statutes of 2015, is repealed.
SEC. 6.
Section 4939 is added to the Business and Professions Code, to read:
4939.
(a) For purposes of this chapter, “approved credential evaluation service” means an agency or organization that is approved by the board to evaluate education completed outside the United States and identify the equivalency of that education to education completed within the United States.
(b) If an applicant completes education outside of the United States, the applicant shall do both of the following:
(1) Submit documentation of his or her education to a board-approved credential evaluation service for evaluation.
(2) Have the results of the evaluation sent directly from the credential evaluation service to the board.
(c) If the board receives the results of an applicant’s evaluation pursuant to subdivision (b), the board shall examine the results and determine whether the applicant meets requirements for licensure. If the evaluated education is not sufficient to meet the requirements for licensure, the board may offer the applicant additional education, training, or standardized testing to satisfy the educational requirements. The board shall not require the applicant to complete education, training, or testing that is not otherwise required of applicants who complete education or training within the United States.
(d) The board shall establish, by regulation, an application process, criteria, and procedures for approval of credential evaluation services. The regulations shall, at a minimum, require the credential evaluation service to meet all of the following requirements:
(1) Furnish evaluations written in English directly to the board.
(2) Be a member of a nationally recognized foreign credential evaluation association, such as, but not limited to, the American Association of Collegiate Registrars and Admissions Officers or the National Association of Credential Evaluation Services.
(3) Undergo reevaluation by the board every five years.
(4) Certify to the board that the credential evaluation service maintains a complete set of reference materials as determined by the board.
(5) Base evaluations only upon verified authentic, official transcripts, and degrees.
(6) Have a written procedure for identifying fraudulent transcripts.
(7) Include in an evaluation report submitted to the board the specific method or methods of authentication for the transcripts, certification, degrees, and other education evaluated for the purposes of the report.
(8) Include in the evaluation report, for each degree held by the applicant, the equivalent degree offered in the United States, the date the degree was granted, the institution granting the degree, an English translation of the course titles, and the semester unit equivalence for each course.
(9) Have an appeal procedure for applicants.
(10) Provide information concerning the credential evaluation service to the board that includes, but is not limited to, resumes or curriculum vitae for each evaluator and translator, which includes biographical information, three letters of references from public or private agencies, statistical information on the number of applications processed annually for the past five years, and any other information the board may require to determine whether the credential evaluation service meets the standards under this subdivision and the board’s regulations.
(11) Provide to the board all information required by the board, including, but not limited to, the following:
(A) Its credential evaluation policy.
(B) A complete list of terminology and evaluation terms used in producing its credential evaluations.
(C) A detailed description of the specific methods utilized for credential authentication.
SEC. 7.
Section 4974 of the Business and Professions Code is amended to read:
4974.
The board shall report to the Controller at the beginning of each month for the month preceding the amount and source of all revenue received by it pursuant to this chapter, and shall pay the entire amount thereof to the Treasurer for deposit in the Acupuncture Fund, which fund is created to carry out the provisions of this chapter, upon appropriation by the Legislature. | Existing law, the Acupuncture Licensure Act, provides for the licensure and regulation of the practice of acupuncture by the Acupuncture Board, within the Department of Consumer Affairs. Existing law authorizes the board, with the approval of the Director of Consumer Affairs, to appoint an executive officer who is exempt from civil service. Existing law repeals the provisions establishing the board and authority for it to appoint an executive officer on January 1, 2017.
The bill would extend the operation of the board and the board’s authority to appoint an executive officer until January 1, 2019.
Existing law requires, among other things, the completion of an approved educational and training program in order to be issued a license to practice acupuncture. For purposes of the act, beginning January 1, 2017, existing law defines “approved educational and training program” as a school or college offering education and training in the practice of an acupuncturist who meets various requirements, including offering curriculum that includes specified hours of didactic and laboratory training and supervised clinical instruction. Existing law requires these programs to submit that curriculum to the board and to receive board approval of the curriculum.
This bill would provide that any school or college offering education and training in the practice of acupuncture that was approved by the board prior to January 1, 2017, is deemed to have had its curriculum approved by the board if its approval has not been revoked and it has not changed its curriculum since receiving board approval.
Beginning January 1, 2017, existing law requires the board to establish standards for the approval of educational training and clinical experience received outside the United States.
This bill would repeal that board requirement. The bill would instead require an applicant completing education outside of the United States to submit documentation of his or her education to a board approved credential evaluation service for evaluation and to have the results of the evaluation sent directly from the credential evaluation service to the board. The bill would require the board to examine the received results to determine if an applicant meets requirements for licensure and, if the evaluated education is not sufficient, would authorize the board to offer the applicant additional education, training, or testing, as specified. The bill would require the board to establish, by regulation, an application process, criteria, and procedures for approval of a credential evaluation service. The bill would require the regulations to, at a minimum, require the credential evaluation service to meet specified requirements. The bill would define, for these purposes, an “approved credential evaluation service” as an agency or organization that is approved by the board to evaluate education completed outside the United States and identify the equivalency of that education to education completed within the United States. The bill would also make nonsubstantive changes. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
Section 4927.5 of the Business and Professions Code, as added by Section 2 of Chapter 397 of the Statutes of 2014, is amended to read:
4927.5.
(a) For purposes of this chapter, “approved educational and training program” means a school or college offering education and training in the practice of an acupuncturist that meets all of the following requirements:
(1) Offers curriculum that includes at least 3,000 hours of which at least 2,050 hours are didactic and laboratory training, and at least 950 hours are supervised clinical instruction. Has submitted that curriculum to the board, and has received board approval of the curriculum. Any school or college offering education and training in the practice of acupuncture that was approved by the board prior to January 1, 2017, has not had its approval revoked, and has not changed its curriculum since receiving board approval, is deemed to have had its curriculum approved by the board for the purposes of this section.
(2) Has received full institutional approval under Article 6 (commencing with Section 94885) of Chapter 8 of Part 59 of Division 10 of Title 3 of the Education Code in the field of traditional Asian medicine, or in the case of institutions located outside of this state, approval by the appropriate governmental educational authority using standards equivalent to those of Article 6 (commencing with Section 94885) of Chapter 8 of Part 59 of Division 10 of Title 3 of the Education Code.
(3) Meets any of the following:
(A) Is accredited by the Accreditation Commission for Acupuncture and Oriental Medicine.
(B) Has been granted candidacy status by the Accreditation Commission for Acupuncture and Oriental Medicine.
(C) Has submitted a letter of intent to pursue accreditation to the Accreditation Commission for Acupuncture and Oriental Medicine within 30 days of receiving full institutional approval pursuant to paragraph (2), and is granted candidacy status within three years of the date that letter was submitted.
(b) Within 30 days after receiving curriculum pursuant to paragraph (1), the board shall review the curriculum, determine whether the curriculum satisfies the requirements established by the board, and notify the school or college, the Accreditation Commission for Acupuncture and Oriental Medicine, and Bureau of Private and Postsecondary Education of whether the board has approved the curriculum.
(c) This section shall become operative on January 1, 2017.
SEC. 2.
Section 4928 of the Business and Professions Code is amended to read:
4928.
(a) The Acupuncture Board, which consists of seven members, shall enforce and administer this chapter.
(b) This section shall remain in effect only until January 1, 2019, and as of that date is repealed.
(c) Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 3.
Section 4934 of the Business and Professions Code is amended to read:
4934.
(a) The board, by and with the approval of the director, may appoint an executive officer who is exempt from the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5 of Title 2 of the Government Code).
(b) This section shall remain in effect only until January 1, 2019, and as of that date is repealed.
SEC. 4.
Section 4938 of the Business and Professions Code is amended to read:
4938.
(a) The board shall issue a license to practice acupuncture to any person who makes an application and meets the following requirements:
(1) Is at least 18 years of age.
(2) Furnishes satisfactory evidence of completion of one of the following:
(A) (i) An approved educational and training program.
(ii) If an applicant began his or her educational and training program at a school or college that submitted a letter of intent to pursue accreditation to, or attained candidacy status from, the Accreditation Commission for Acupuncture and Oriental Medicine, but the commission subsequently denied the school or college candidacy status or accreditation, respectively, the board may review and evaluate the educational training and clinical experience to determine whether to waive the requirements set forth in this subdivision with respect to that applicant.
(B) Satisfactory completion of a tutorial program in the practice of an acupuncturist that is approved by the board.
(C) In the case of an applicant who has completed education and training outside the United States, documented educational training and clinical experience that meets the standards established pursuant to Sections 4939 and 4941.
(3) Passes a written examination administered by the board that tests the applicant’s ability, competency, and knowledge in the practice of an acupuncturist. The written examination shall be developed by the Office of Professional Examination Services of the Department of Consumer Affairs.
(4) Is not subject to denial pursuant to Division 1.5 (commencing with Section 475).
(5) Completes a clinical internship training program approved by the board. The clinical internship training program shall not exceed nine months in duration and shall be located in a clinic in this state that is an approved educational and training program. The length of the clinical internship shall depend upon the grades received in the examination and the clinical training already satisfactorily completed by the individual prior to taking the examination. On and after January 1, 1987, individuals with 800 or more hours of documented clinical training shall be deemed to have met this requirement. The purpose of the clinical internship training program shall be to ensure a minimum level of clinical competence.
(b) Each applicant who qualifies for a license shall pay, as a condition precedent to its issuance and in addition to other fees required, the initial licensure fee.
SEC. 5.
Section 4939 of the Business and Professions Code, as amended by Section 37 of Chapter 426 of the Statutes of 2015, is repealed.
SEC. 6.
Section 4939 is added to the Business and Professions Code, to read:
4939.
(a) For purposes of this chapter, “approved credential evaluation service” means an agency or organization that is approved by the board to evaluate education completed outside the United States and identify the equivalency of that education to education completed within the United States.
(b) If an applicant completes education outside of the United States, the applicant shall do both of the following:
(1) Submit documentation of his or her education to a board-approved credential evaluation service for evaluation.
(2) Have the results of the evaluation sent directly from the credential evaluation service to the board.
(c) If the board receives the results of an applicant’s evaluation pursuant to subdivision (b), the board shall examine the results and determine whether the applicant meets requirements for licensure. If the evaluated education is not sufficient to meet the requirements for licensure, the board may offer the applicant additional education, training, or standardized testing to satisfy the educational requirements. The board shall not require the applicant to complete education, training, or testing that is not otherwise required of applicants who complete education or training within the United States.
(d) The board shall establish, by regulation, an application process, criteria, and procedures for approval of credential evaluation services. The regulations shall, at a minimum, require the credential evaluation service to meet all of the following requirements:
(1) Furnish evaluations written in English directly to the board.
(2) Be a member of a nationally recognized foreign credential evaluation association, such as, but not limited to, the American Association of Collegiate Registrars and Admissions Officers or the National Association of Credential Evaluation Services.
(3) Undergo reevaluation by the board every five years.
(4) Certify to the board that the credential evaluation service maintains a complete set of reference materials as determined by the board.
(5) Base evaluations only upon verified authentic, official transcripts, and degrees.
(6) Have a written procedure for identifying fraudulent transcripts.
(7) Include in an evaluation report submitted to the board the specific method or methods of authentication for the transcripts, certification, degrees, and other education evaluated for the purposes of the report.
(8) Include in the evaluation report, for each degree held by the applicant, the equivalent degree offered in the United States, the date the degree was granted, the institution granting the degree, an English translation of the course titles, and the semester unit equivalence for each course.
(9) Have an appeal procedure for applicants.
(10) Provide information concerning the credential evaluation service to the board that includes, but is not limited to, resumes or curriculum vitae for each evaluator and translator, which includes biographical information, three letters of references from public or private agencies, statistical information on the number of applications processed annually for the past five years, and any other information the board may require to determine whether the credential evaluation service meets the standards under this subdivision and the board’s regulations.
(11) Provide to the board all information required by the board, including, but not limited to, the following:
(A) Its credential evaluation policy.
(B) A complete list of terminology and evaluation terms used in producing its credential evaluations.
(C) A detailed description of the specific methods utilized for credential authentication.
SEC. 7.
Section 4974 of the Business and Professions Code is amended to read:
4974.
The board shall report to the Controller at the beginning of each month for the month preceding the amount and source of all revenue received by it pursuant to this chapter, and shall pay the entire amount thereof to the Treasurer for deposit in the Acupuncture Fund, which fund is created to carry out the provisions of this chapter, upon appropriation by the Legislature.
### Summary:
This bill would amend the Business and Professions Code to require the Acupuncture Board to approve educational and training programs for acupuncturists. The bill would also repeal the |
The people of the State of California do enact as follows:
SECTION 1.
Section 1253.3 of the Unemployment Insurance Code is amended to read:
1253.3.
(a) Notwithstanding any other provision of this division, unemployment compensation benefits, extended duration benefits, and federal-state extended benefits are payable on the basis of service to which Section 3309(a)(1) of the Internal Revenue Code applies, in the same amount, on the same terms, and subject to the same conditions as benefits payable on the basis of other service subject to this division, except as provided by this section.
(b) Benefits specified by subdivision (a) based on service performed in the employ of a nonprofit organization, or of a public entity, as defined by Section 605, with respect to service in an instructional, research, or principal administrative capacity for an educational institution are not payable to any individual with respect to any week which begins during the period between two successive academic years or terms or, when an agreement provides instead for a similar period between two regular but not successive terms, during that period, or during a period of paid sabbatical leave provided for in the individual’s contract, if the individual performs services in the first of the academic years or terms and if there is a contract or a reasonable assurance that the individual will perform services for any educational institution in the second of the academic years or terms.
(c) (1) Except as provided in paragraph (2), benefits specified by subdivision (a) based on service performed in the employ of a nonprofit organization, or of a public entity, as defined by Section 605, with respect to service in any other capacity than specified in subdivision (b) for an educational institution shall not be payable to any individual with respect to any week which commences during a period between two successive academic years or terms if the individual performs the service in the first of the academic years or terms and there is a reasonable assurance that the individual will perform the service in the second of the academic years or terms. However, if the individual was not offered an opportunity to perform the services for an educational institution for the second of the academic years or terms, the individual shall be entitled to a retroactive payment of benefits for each week for which the individual filed a timely claim for benefits and for which benefits were denied solely by reason of this subdivision. Retroactive benefits shall be claimed in accordance with the department’s procedures which shall specify that except where the individual was entitled to benefits based on services performed for other than an educational institution, an individual who has a reasonable assurance of reemployment may satisfy the search for work requirement of subdivision (e) of Section 1253, by registering for work pursuant to subdivision (b) of Section 1253 during the period between the first and second academic terms or years. A claim for retroactive benefits may be made no later than 30 days following the commencement of the second academic year or term.
(2) Benefits specified by subdivision (a) are authorized for an employee of a public school, as defined in Section 22161 of the Education Code, for the period between two successive academic years or terms, as described in paragraph (1), as follows:
(A) Two weeks of benefits during 2017, beginning July 1, provided that funds are appropriated for that purpose in the annual Budget Act.
(B) Four weeks of benefits during 2018, beginning July 1, provided that funds are appropriated for that purpose in the annual Budget Act.
(C) Six weeks of benefits during 2019, beginning July 1, provided that funds are appropriated for that purpose in the annual Budget Act.
(D) Eight weeks of benefits during 2020, and each year thereafter, beginning July 1, provided that funds are appropriated for that purpose in the annual Budget Act.
(d) Benefits specified by subdivision (a) based on service performed in the employ of a nonprofit organization, or of any entity as defined by Section 605, with respect to services specified by subdivision (b) or (c), are not payable to any individual with respect to any week that commences during an established and customary vacation period or holiday recess if the individual performs the specified services in the period immediately before the vacation period or holiday recess, and there is a reasonable assurance that the individual will perform the services in the period immediately following the vacation period or holiday recess.
(e) With respect to any services specified by subdivision (b) or (c), compensation payable on the basis of services in that capacity may be denied as specified in subdivision (b), (c), or (d) to any individual who performed the services in an educational institution while in the employ of an educational service agency, and for this purpose the term “educational service agency” is defined as a governmental agency or governmental entity that is established and operated exclusively for the purpose of providing the services to one or more educational institutions.
(f) Benefits specified by subdivision (a) based on service performed in the employ of a nonprofit organization, or of any entity as defined by Section 605, are not payable during the periods of time, and subject to the same conditions, contained in subdivisions (b), (c), (d), and (h), if the services are provided to, or on behalf of, an educational institution.
(g) For purposes of this section, “reasonable assurance” includes, but is not limited to, an offer of employment or assignment made by the educational institution, provided that the offer or assignment is not contingent on enrollment, funding, or program changes. An individual who has been notified that he or she will be replaced and does not have an offer of employment or assignment to perform services for an educational institution is not considered to have reasonable assurance.
(h) For purposes of this section, if the time for service performed during the period of and pursuant to any contract for any academic year or term by an individual for any employing unit as specified in subdivision (b) or (c) constitutes one-half or more of the time in total service performed for the employing unit by the individual during that same period for remuneration, all the services of the individual for the employing unit for that period shall be deemed subject to the benefit payment restriction provisions of this section.
(i) Any entity as defined by Section 605, with respect to any individual performing a service in any other capacity other than specified in subdivision (b) for an educational institution, shall provide a written statement indicating the following to the individual no later than 30 days before the end of the first of the academic years or terms:
(1) Whether or not there is a reasonable assurance of reemployment.
(2) Whether or not it is stated that the individual has no reasonable assurance of reemployment, that the individual should file a claim for benefits at the close of the academic year or term.
(3) If it is stated that the individual has reasonable assurance of reemployment, the written statement shall also inform the employee that he or she may file a claim for benefits and that the determination for eligibility for benefits is made by the Employment Development Department and not by the employer.
(4) If it is stated that the individual has reasonable assurance of reemployment, that the individual shall be entitled to a retroactive payment of benefits if the individual is not offered an opportunity to perform the services for the educational institution for the second of the academic years or terms, if the individual is otherwise eligible and he or she filed a claim for each week benefits are claimed, and if a claim for retroactive benefits is made no later than 30 days following the commencement of the second academic year or term. | Existing law provides for the payment of unemployment compensation benefits and extended duration benefits to eligible persons who meet specified requirements. Existing law prohibits the payment of unemployment benefits to educational institution employees of a public entity, as defined, including teachers, researchers, and administrators for the period between 2 academic years when there is a reasonable assurance that the employee will perform his or her regular services in the subsequent academic year, except as specified. Existing law similarly prohibits the payment of unemployment benefits to specified educational institution employees of a public entity other than teachers, researchers, or administrators between 2 academic years, except as specified, but provides a procedure for this 2nd category of educational employees, under certain conditions, to seek payment of retroactive unemployment benefits for the period between 2 academic years. Existing law requires specified notice regarding reasonable assurance of employment in the following academic term be sent to employees before the end of the current academic term.
This bill would delete the prohibition on the payment of unemployment benefits to education employees of a public school, other than teachers, researchers, and administrators, as specified, between 2 academic years. The bill would phase in up to 8 weeks of benefits available to those specified employees over a 4-year timeframe contingent on funds being appropriated for that purpose in the annual Budget Act.
Because this bill would expand the categories of people who could receive benefits from the Unemployment Fund, a continuously appropriated fund, it would make an appropriation. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
Section 1253.3 of the Unemployment Insurance Code is amended to read:
1253.3.
(a) Notwithstanding any other provision of this division, unemployment compensation benefits, extended duration benefits, and federal-state extended benefits are payable on the basis of service to which Section 3309(a)(1) of the Internal Revenue Code applies, in the same amount, on the same terms, and subject to the same conditions as benefits payable on the basis of other service subject to this division, except as provided by this section.
(b) Benefits specified by subdivision (a) based on service performed in the employ of a nonprofit organization, or of a public entity, as defined by Section 605, with respect to service in an instructional, research, or principal administrative capacity for an educational institution are not payable to any individual with respect to any week which begins during the period between two successive academic years or terms or, when an agreement provides instead for a similar period between two regular but not successive terms, during that period, or during a period of paid sabbatical leave provided for in the individual’s contract, if the individual performs services in the first of the academic years or terms and if there is a contract or a reasonable assurance that the individual will perform services for any educational institution in the second of the academic years or terms.
(c) (1) Except as provided in paragraph (2), benefits specified by subdivision (a) based on service performed in the employ of a nonprofit organization, or of a public entity, as defined by Section 605, with respect to service in any other capacity than specified in subdivision (b) for an educational institution shall not be payable to any individual with respect to any week which commences during a period between two successive academic years or terms if the individual performs the service in the first of the academic years or terms and there is a reasonable assurance that the individual will perform the service in the second of the academic years or terms. However, if the individual was not offered an opportunity to perform the services for an educational institution for the second of the academic years or terms, the individual shall be entitled to a retroactive payment of benefits for each week for which the individual filed a timely claim for benefits and for which benefits were denied solely by reason of this subdivision. Retroactive benefits shall be claimed in accordance with the department’s procedures which shall specify that except where the individual was entitled to benefits based on services performed for other than an educational institution, an individual who has a reasonable assurance of reemployment may satisfy the search for work requirement of subdivision (e) of Section 1253, by registering for work pursuant to subdivision (b) of Section 1253 during the period between the first and second academic terms or years. A claim for retroactive benefits may be made no later than 30 days following the commencement of the second academic year or term.
(2) Benefits specified by subdivision (a) are authorized for an employee of a public school, as defined in Section 22161 of the Education Code, for the period between two successive academic years or terms, as described in paragraph (1), as follows:
(A) Two weeks of benefits during 2017, beginning July 1, provided that funds are appropriated for that purpose in the annual Budget Act.
(B) Four weeks of benefits during 2018, beginning July 1, provided that funds are appropriated for that purpose in the annual Budget Act.
(C) Six weeks of benefits during 2019, beginning July 1, provided that funds are appropriated for that purpose in the annual Budget Act.
(D) Eight weeks of benefits during 2020, and each year thereafter, beginning July 1, provided that funds are appropriated for that purpose in the annual Budget Act.
(d) Benefits specified by subdivision (a) based on service performed in the employ of a nonprofit organization, or of any entity as defined by Section 605, with respect to services specified by subdivision (b) or (c), are not payable to any individual with respect to any week that commences during an established and customary vacation period or holiday recess if the individual performs the specified services in the period immediately before the vacation period or holiday recess, and there is a reasonable assurance that the individual will perform the services in the period immediately following the vacation period or holiday recess.
(e) With respect to any services specified by subdivision (b) or (c), compensation payable on the basis of services in that capacity may be denied as specified in subdivision (b), (c), or (d) to any individual who performed the services in an educational institution while in the employ of an educational service agency, and for this purpose the term “educational service agency” is defined as a governmental agency or governmental entity that is established and operated exclusively for the purpose of providing the services to one or more educational institutions.
(f) Benefits specified by subdivision (a) based on service performed in the employ of a nonprofit organization, or of any entity as defined by Section 605, are not payable during the periods of time, and subject to the same conditions, contained in subdivisions (b), (c), (d), and (h), if the services are provided to, or on behalf of, an educational institution.
(g) For purposes of this section, “reasonable assurance” includes, but is not limited to, an offer of employment or assignment made by the educational institution, provided that the offer or assignment is not contingent on enrollment, funding, or program changes. An individual who has been notified that he or she will be replaced and does not have an offer of employment or assignment to perform services for an educational institution is not considered to have reasonable assurance.
(h) For purposes of this section, if the time for service performed during the period of and pursuant to any contract for any academic year or term by an individual for any employing unit as specified in subdivision (b) or (c) constitutes one-half or more of the time in total service performed for the employing unit by the individual during that same period for remuneration, all the services of the individual for the employing unit for that period shall be deemed subject to the benefit payment restriction provisions of this section.
(i) Any entity as defined by Section 605, with respect to any individual performing a service in any other capacity other than specified in subdivision (b) for an educational institution, shall provide a written statement indicating the following to the individual no later than 30 days before the end of the first of the academic years or terms:
(1) Whether or not there is a reasonable assurance of reemployment.
(2) Whether or not it is stated that the individual has no reasonable assurance of reemployment, that the individual should file a claim for benefits at the close of the academic year or term.
(3) If it is stated that the individual has reasonable assurance of reemployment, the written statement shall also inform the employee that he or she may file a claim for benefits and that the determination for eligibility for benefits is made by the Employment Development Department and not by the employer.
(4) If it is stated that the individual has reasonable assurance of reemployment, that the individual shall be entitled to a retroactive payment of benefits if the individual is not offered an opportunity to perform the services for the educational institution for the second of the academic years or terms, if the individual is otherwise eligible and he or she filed a claim for each week benefits are claimed, and if a claim for retroactive benefits is made no later than 30 days following the commencement of the second academic year or term.
### Summary:
<bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos> |
The people of the State of California do enact as follows:
SECTION 1.
Section 261.5 of the Penal Code is amended to read:
261.5.
(a) Unlawful sexual intercourse is an act of sexual intercourse accomplished with a person who is not the spouse of the perpetrator, if the person is a minor. For the purposes of this section, a “minor” is a person under 18 years of age and an “adult” is a person who is at least 18 years of age.
(b) Any person who engages in an act of unlawful sexual intercourse with a minor who is not more than three years older or three years younger than the perpetrator, is guilty of a misdemeanor.
(c) Any person who engages in an act of unlawful sexual intercourse with a minor who is more than three years younger than the perpetrator is guilty of either a misdemeanor or a felony, and shall be punished by imprisonment in a county jail not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170.
(d) Any person 21 years of age or older who engages in an act of unlawful sexual intercourse with a minor who is under 16 years of age is guilty of either a misdemeanor or a felony, and shall be punished by imprisonment in a county jail not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years.
(e) Notwithstanding any other provision of this section, a person who is guilty of a felony pursuant to subdivision (d) who holds a position of authority over the minor with whom he or she has engaged in an act of unlawful sexual intercourse, shall be punished by an additional term of imprisonment
in a county jail
for two years.
(1) For purposes of this subdivision, a person is in a “position of authority” if he or she, by reason of that position, is able to exercise undue influence over a minor. A “position of authority” includes, but is not limited to, a stepparent, foster parent, partner of the parent, caretaker, youth leader, recreational director, athletic manager, coach, teacher, counselor, therapist, religious leader, doctor, or employer of one of those aforementioned persons.
(2) For purposes of this subdivision, “undue influence” includes, but is not limited to, the use of affection, intimidation, coercion, or deceit, the taking, withholding, or bestowing of a reward or benefit, or the promise or threat to take, withhold, or bestow a benefit or reward.
(f) (1) Notwithstanding any other provision of this section, an adult who engages in an act of sexual intercourse with a minor in violation of this section may be liable for civil penalties in the following amounts:
(A) An adult who engages in an act of unlawful sexual intercourse with a minor less than two years younger than the adult is liable for a civil penalty not to exceed two thousand dollars ($2,000).
(B) An adult who engages in an act of unlawful sexual intercourse with a minor at least two years younger than the adult is liable for a civil penalty not to exceed five thousand dollars ($5,000).
(C) An adult who engages in an act of unlawful sexual intercourse with a minor at least three years younger than the adult is liable for a civil penalty not to exceed ten thousand dollars ($10,000).
(D) An adult over the age of 21 years who engages in an act of unlawful sexual intercourse with a minor under 16 years of age is liable for a civil penalty not to exceed twenty-five thousand dollars ($25,000).
(2) The district attorney may bring actions to recover civil penalties pursuant to this subdivision. From the amounts collected for each case, an amount equal to the costs of pursuing the action shall be deposited with the treasurer of the county in which the judgment was entered, and the remainder shall be deposited in the Underage Pregnancy Prevention Fund, which is hereby created in the State Treasury. Amounts deposited in the Underage Pregnancy Prevention Fund may be used only for the purpose of preventing underage pregnancy upon appropriation by the Legislature.
(3) In addition to any punishment imposed under this section, the judge may assess a fine not to exceed seventy dollars ($70) against any person who violates this section with the proceeds of this fine to be used in accordance with Section 1463.23. The court shall, however, take into consideration the defendant’s ability to pay, and no defendant shall be denied probation because of his or her inability to pay the fine permitted under this subdivision.
SEC. 2.
Section 287 is added to the Penal Code, to read:
287.
(a) A person who is guilty of a felony violation of paragraph (2) of subdivision (b) of Section 286, paragraph (1) of subdivision (c) of Section 288, paragraph (2) of subdivision (b) of Section 288a, or subdivision (i) of Section 289, and who holds a position of authority over the minor victim, shall be punished by an additional term of imprisonment for two years.
(b) For purposes of this section, a person is in a “position of authority” if he or she, by reason of that position, is able to exercise undue influence over a minor. A “position of authority” includes, but is not limited to, a stepparent, foster parent, partner of the parent, youth leader, recreational director, athletic manager, coach, teacher, counselor, therapist, religious leader, doctor, employer, or employee of one of those aforementioned persons.
(c) For purposes of this section, “undue influence” includes, but is not limited to, the use of affection, intimidation, coercion, or deceit, the taking, withholding, or bestowing of a reward or benefit, or the promise or threat to take, withhold, or bestow a benefit or reward.
SEC. 3.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. | (1) Existing law provides various circumstances that constitute rape, which are punishable by imprisonment in the state prison for 3, 6, or 8 years, except as specified.
Existing law also prescribes circumstances that constitute unlawful sexual intercourse, some of which involve an adult perpetrator who engages in that unlawful intercourse with a minor, as specified. Unlawful sexual intercourse under those circumstances is punishable by imprisonment for 2, 3, or 4 years, and also may be subject to designated civil penalties or fines. Under existing law, any person 21 years of age or older who engages in an act of unlawful sexual intercourse with a minor who is under 16 years of age is guilty of either a misdemeanor or a felony, punishable by imprisonment in a county jail not exceeding one year, or by imprisonment pursuant to a specified provision of law for 2, 3, or 4 years.
This bill would subject any person 21 years of age or older who engages in an act of unlawful sexual intercourse with a minor who is under 16 years of age and is convicted of a felony to a sentence enhancement of 2 years, if the perpetrator holds a position of authority over the minor with whom he or she engaged in the act of unlawful sexual intercourse. By changing the penalty for the commission of unlawful sexual intercourse under the above circumstances, the bill would impose a state-mandated local program.
(2) Existing law makes it a crime for a person to engage in specified acts of a sexual nature with a minor, including lewd and lascivious conduct when the victim is a child of 14 or 15 years of age and the person is at least 10 years older, and sodomy, oral copulation, or sexual penetration of a minor under 16 years of age when the person is 21 years of age or older.
This bill would impose an additional term of 2 years when a person who is convicted of a felony violation of the above crimes is a person who holds a position of authority, as defined, over the minor victim. By increasing the penalty for a crime, the bill would impose a state-mandated local program.
(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
Section 261.5 of the Penal Code is amended to read:
261.5.
(a) Unlawful sexual intercourse is an act of sexual intercourse accomplished with a person who is not the spouse of the perpetrator, if the person is a minor. For the purposes of this section, a “minor” is a person under 18 years of age and an “adult” is a person who is at least 18 years of age.
(b) Any person who engages in an act of unlawful sexual intercourse with a minor who is not more than three years older or three years younger than the perpetrator, is guilty of a misdemeanor.
(c) Any person who engages in an act of unlawful sexual intercourse with a minor who is more than three years younger than the perpetrator is guilty of either a misdemeanor or a felony, and shall be punished by imprisonment in a county jail not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170.
(d) Any person 21 years of age or older who engages in an act of unlawful sexual intercourse with a minor who is under 16 years of age is guilty of either a misdemeanor or a felony, and shall be punished by imprisonment in a county jail not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years.
(e) Notwithstanding any other provision of this section, a person who is guilty of a felony pursuant to subdivision (d) who holds a position of authority over the minor with whom he or she has engaged in an act of unlawful sexual intercourse, shall be punished by an additional term of imprisonment
in a county jail
for two years.
(1) For purposes of this subdivision, a person is in a “position of authority” if he or she, by reason of that position, is able to exercise undue influence over a minor. A “position of authority” includes, but is not limited to, a stepparent, foster parent, partner of the parent, caretaker, youth leader, recreational director, athletic manager, coach, teacher, counselor, therapist, religious leader, doctor, or employer of one of those aforementioned persons.
(2) For purposes of this subdivision, “undue influence” includes, but is not limited to, the use of affection, intimidation, coercion, or deceit, the taking, withholding, or bestowing of a reward or benefit, or the promise or threat to take, withhold, or bestow a benefit or reward.
(f) (1) Notwithstanding any other provision of this section, an adult who engages in an act of sexual intercourse with a minor in violation of this section may be liable for civil penalties in the following amounts:
(A) An adult who engages in an act of unlawful sexual intercourse with a minor less than two years younger than the adult is liable for a civil penalty not to exceed two thousand dollars ($2,000).
(B) An adult who engages in an act of unlawful sexual intercourse with a minor at least two years younger than the adult is liable for a civil penalty not to exceed five thousand dollars ($5,000).
(C) An adult who engages in an act of unlawful sexual intercourse with a minor at least three years younger than the adult is liable for a civil penalty not to exceed ten thousand dollars ($10,000).
(D) An adult over the age of 21 years who engages in an act of unlawful sexual intercourse with a minor under 16 years of age is liable for a civil penalty not to exceed twenty-five thousand dollars ($25,000).
(2) The district attorney may bring actions to recover civil penalties pursuant to this subdivision. From the amounts collected for each case, an amount equal to the costs of pursuing the action shall be deposited with the treasurer of the county in which the judgment was entered, and the remainder shall be deposited in the Underage Pregnancy Prevention Fund, which is hereby created in the State Treasury. Amounts deposited in the Underage Pregnancy Prevention Fund may be used only for the purpose of preventing underage pregnancy upon appropriation by the Legislature.
(3) In addition to any punishment imposed under this section, the judge may assess a fine not to exceed seventy dollars ($70) against any person who violates this section with the proceeds of this fine to be used in accordance with Section 1463.23. The court shall, however, take into consideration the defendant’s ability to pay, and no defendant shall be denied probation because of his or her inability to pay the fine permitted under this subdivision.
SEC. 2.
Section 287 is added to the Penal Code, to read:
287.
(a) A person who is guilty of a felony violation of paragraph (2) of subdivision (b) of Section 286, paragraph (1) of subdivision (c) of Section 288, paragraph (2) of subdivision (b) of Section 288a, or subdivision (i) of Section 289, and who holds a position of authority over the minor victim, shall be punished by an additional term of imprisonment for two years.
(b) For purposes of this section, a person is in a “position of authority” if he or she, by reason of that position, is able to exercise undue influence over a minor. A “position of authority” includes, but is not limited to, a stepparent, foster parent, partner of the parent, youth leader, recreational director, athletic manager, coach, teacher, counselor, therapist, religious leader, doctor, employer, or employee of one of those aforementioned persons.
(c) For purposes of this section, “undue influence” includes, but is not limited to, the use of affection, intimidation, coercion, or deceit, the taking, withholding, or bestowing of a reward or benefit, or the promise or threat to take, withhold, or bestow a benefit or reward.
SEC. 3.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
### Summary:
<bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos> |
The people of the State of California do enact as follows:
SECTION 1.
It is the intent of the Legislature that this act establish a Department of Customer Service, headed by a Director of Customer Service, that develops and implements strategies to improve the customer service experience, in various capacities, throughout the Government Operations Agency and state government.
SEC. 2.
Chapter 11 (commencing with Section 11999) is added to Part 1 of Division 3 of Title 2 of the Government Code, to read:
CHAPTER 11. Department of Customer Service
Article 1. Department of Customer Service
11999.
(a) There is in state government, within the Government Operations Agency, the Department of Customer Service.
(b) The Director of Customer Service shall serve as the head of the Department of Customer Service and shall be appointed by, and serve at the pleasure of, the Governor.
11999.5.
For purposes of this chapter, the following terms shall have the following meanings:
(a) “Agency” means the Government Operations Agency.
(b) “Department” means the Department of Customer Service.
(c) “Director” means the Director of Customer Service.
11999.10.
The director shall engage the agency to promote an understanding of customer service and ensure the agency is making administrative decisions that serve customer needs.
11999.15.
The director shall do all of the following:
(a) Advise the Governor on the strategic development and management of state customer service programs.
(b) Develop and manage a customer service program within the agency that captures both annual and transactional feedback in a unified and standardized platform to improve an understanding of customer service and allows the agency to take action on that data.
(c) Develop and implement the ideal customer experience for new and existing products and services provided by the agency.
(d) Develop and manage an employee program within the agency to capture and analyze employee feedback regarding customer service that fosters employee retention, recruitment, engagement, and productivity.
(e) Utilize both qualitative and quantitative customer feedback to identify best customer service practices for the agency.
(f) Develop a mechanism to give customers of the agency the opportunity to provide real-time feedback through the Internet, telephone, and in-person communication.
(g) Create a strong, customer-centric culture complete with accountability and ownership at all levels of the agency.
(h) Establish performance management and improvement processes to ensure state customer service and state customer service systems are efficient and effective.
(i) Consult with the Director of Technology, the Director of General Services, and the Director of Finance to establish customer service goals for state information technology.
(j) Develop and manage a strategy to improve the delivery of a positive customer service experience across information technology, human resources, and procurement functions of the agency.
(k) Improve organizational capacity in the effective management of customer service initiatives within the agency.
(l) Consult with the Secretary of Government Operations and the heads of entities within the agency to ensure the integration of customer service initiatives and compliance with information technology policies and standards for the effective management of information technology services within the agency.
11999.20
The director shall supervise and manage the Office of Digital Services.
11999.25.
(a) On or before January 1, 2018, and annually thereafter, the director shall transmit a written report to the Director of Finance, in the manner directed by the Director of Finance, the cost savings achieved through improvements to customer service within the agency that were implemented by the department.
(b) Within 30 days of reporting to the Director of Finance as required by subdivision (a), the department shall transmit a copy of the report to the Joint Legislative Budget Committee, the Senate Committee on Appropriations, the Senate Committee on Budget and Fiscal Review, the Assembly Committee on Appropriations, and the Assembly Committee on Budget, or any successor committee.
11999.30.
The director, in consultation with the Director of Technology, shall produce an annual customer service strategic plan that shall guide state agencies and departments. State agencies shall cooperate with the development of this plan.
11999.35.
(a) The director shall annually prepare a written report on the customer service performance of the agency that includes, but is not limited to, an assessment on the progress of the agency on all of the following:
(1) Delivering improved customer service.
(2) Reducing and avoiding costs and risks associated with the acquisition, development, implementation, management, and operation of information technology assets.
(3) Enhancing the security, reliability, and quality of information technology networks, services, and systems.
(4) Improving the information technology procurement process.
(b) The director shall post the report required by subdivision (a) on the Internet Web site of the department.
11999.40.
All state entities shall reasonably cooperate with the requests of the director that relate to the duties of the director and the department. | Existing law establishes in state government the Government Operations Agency, headed by the Secretary of Government Operations. The secretary is required to review the operations and evaluate the performance of each department, office, or other unit within the agency and seek to continually improve, among other things, the operating policies and the management of information systems of those entities within the agency. The agency includes, among other state government entities, the Department of General Services and the Department of Technology.
This bill would establish, within the Government Operations Agency, the Department of Customer Service to be headed by a Director of Customer Service, who would be appointed by, and serve at the pleasure of, the Governor. The bill would require the director to engage the agency to promote an understanding of customer service and ensure the agency is making administrative decisions that serve customer needs. The bill would further require the director to, among other things, advise the Governor on the strategic development and management of state customer service programs, and consult with the Director of Technology, the Director of General Services, and the Director of Finance to establish customer service goals for state information technology. The bill would specifically require the director to annually report to the Director of Finance and specific committees of the Legislature regarding the cost savings achieved through improvements to customer service within the Government Operations Agency that were implemented by the department, and would further require the director to annually report on the customer service performance of the agency. The bill would require all state entities to reasonably cooperate with the requests of the director that relate to the duties of the director and the department. The bill would make related legislative findings. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
It is the intent of the Legislature that this act establish a Department of Customer Service, headed by a Director of Customer Service, that develops and implements strategies to improve the customer service experience, in various capacities, throughout the Government Operations Agency and state government.
SEC. 2.
Chapter 11 (commencing with Section 11999) is added to Part 1 of Division 3 of Title 2 of the Government Code, to read:
CHAPTER 11. Department of Customer Service
Article 1. Department of Customer Service
11999.
(a) There is in state government, within the Government Operations Agency, the Department of Customer Service.
(b) The Director of Customer Service shall serve as the head of the Department of Customer Service and shall be appointed by, and serve at the pleasure of, the Governor.
11999.5.
For purposes of this chapter, the following terms shall have the following meanings:
(a) “Agency” means the Government Operations Agency.
(b) “Department” means the Department of Customer Service.
(c) “Director” means the Director of Customer Service.
11999.10.
The director shall engage the agency to promote an understanding of customer service and ensure the agency is making administrative decisions that serve customer needs.
11999.15.
The director shall do all of the following:
(a) Advise the Governor on the strategic development and management of state customer service programs.
(b) Develop and manage a customer service program within the agency that captures both annual and transactional feedback in a unified and standardized platform to improve an understanding of customer service and allows the agency to take action on that data.
(c) Develop and implement the ideal customer experience for new and existing products and services provided by the agency.
(d) Develop and manage an employee program within the agency to capture and analyze employee feedback regarding customer service that fosters employee retention, recruitment, engagement, and productivity.
(e) Utilize both qualitative and quantitative customer feedback to identify best customer service practices for the agency.
(f) Develop a mechanism to give customers of the agency the opportunity to provide real-time feedback through the Internet, telephone, and in-person communication.
(g) Create a strong, customer-centric culture complete with accountability and ownership at all levels of the agency.
(h) Establish performance management and improvement processes to ensure state customer service and state customer service systems are efficient and effective.
(i) Consult with the Director of Technology, the Director of General Services, and the Director of Finance to establish customer service goals for state information technology.
(j) Develop and manage a strategy to improve the delivery of a positive customer service experience across information technology, human resources, and procurement functions of the agency.
(k) Improve organizational capacity in the effective management of customer service initiatives within the agency.
(l) Consult with the Secretary of Government Operations and the heads of entities within the agency to ensure the integration of customer service initiatives and compliance with information technology policies and standards for the effective management of information technology services within the agency.
11999.20
The director shall supervise and manage the Office of Digital Services.
11999.25.
(a) On or before January 1, 2018, and annually thereafter, the director shall transmit a written report to the Director of Finance, in the manner directed by the Director of Finance, the cost savings achieved through improvements to customer service within the agency that were implemented by the department.
(b) Within 30 days of reporting to the Director of Finance as required by subdivision (a), the department shall transmit a copy of the report to the Joint Legislative Budget Committee, the Senate Committee on Appropriations, the Senate Committee on Budget and Fiscal Review, the Assembly Committee on Appropriations, and the Assembly Committee on Budget, or any successor committee.
11999.30.
The director, in consultation with the Director of Technology, shall produce an annual customer service strategic plan that shall guide state agencies and departments. State agencies shall cooperate with the development of this plan.
11999.35.
(a) The director shall annually prepare a written report on the customer service performance of the agency that includes, but is not limited to, an assessment on the progress of the agency on all of the following:
(1) Delivering improved customer service.
(2) Reducing and avoiding costs and risks associated with the acquisition, development, implementation, management, and operation of information technology assets.
(3) Enhancing the security, reliability, and quality of information technology networks, services, and systems.
(4) Improving the information technology procurement process.
(b) The director shall post the report required by subdivision (a) on the Internet Web site of the department.
11999.40.
All state entities shall reasonably cooperate with the requests of the director that relate to the duties of the director and the department.
### Summary:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
It is the intent of the |
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:
(a) California imports 91 percent of its natural gas, which is responsible for 25 percent of the state’s emissions of greenhouse gases.
(b) California made a commitment to address climate change with the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code) and the adoption of a comprehensive strategy to reduce emissions of short-lived climate pollutants (Chapter 4.2 (commencing with Section 39730) of Part 2 of Division 26 of the Health and Safety Code). For California to meet its goals for reducing emissions of greenhouse gases and short-lived climate pollutants, the state must reduce emissions from the natural gas sector and increase the production and distribution of renewable and low-carbon gas supplies.
(c) Biomethane is gas generated from organic waste through anaerobic digestion, gasification, pyrolysis, or other conversion technology that converts organic matter to gas. Biomethane may be produced from multiple sources, including agricultural waste, forest waste, landfill gas, wastewater treatment byproducts, and diverted organic waste.
(d) Biomethane provides a sustainable and clean alternative to natural gas. If 10 percent of California’s natural gas use were to be replaced with biomethane use, emissions of greenhouse gases would be reduced by tens of millions of metric tons of carbon dioxide equivalent every year.
(e) Investing in biomethane would create cobenefits, including flexible generation of electricity from a renewable source that is available 24 hours a day, reduction of fossil fuel use, reduction of air and water pollution, and new jobs.
(f) Biomethane can also be used as transportation fuel or injected into natural gas pipelines for other uses. The most appropriate use of biomethane varies depending on the source, proximity to existing natural gas pipeline injection points or large vehicle fleets, and the circumstances of existing facilities.
(g) The biomethane market has been slow to develop in California because the collection, purification, and pipeline injection of biomethane can be costly.
(h) Biomethane is poised to play a key role in future natural gas and hydrogen fuel markets as a blendstock that can significantly reduce the carbon footprint of these two fossil-based alternative fuels.
(i) Biomethane is one of the most promising alternative vehicle fuels because it generates the least net emissions of greenhouse gases. According to the low-carbon fuel standard regulations (Subarticle 7 (commencing with Section 95480) of Article 4 of Subchapter 10 of Chapter 1 of Division 3 of Title 17 of the California Code of Regulations) adopted by the State Air Resources Board, vehicles running on biomethane generate significantly lower emissions of greenhouse gases than vehicles running on electricity or fossil fuel-derived hydrogen.
(j) The California Council on Science and Technology was established by California academic research institutions, including the University of California, the University of Southern California, the California Institute of Technology, Stanford University, and the California State University, and was organized as a nonprofit corporation pursuant to Section 501(c)(3) of the Internal Revenue Code, in response to Assembly Concurrent Resolution No. 162 (Resolution Chapter 148 of the Statutes of 1988).
(k) The California Council on Science and Technology was uniquely established at the request of the Legislature for the specific purpose of offering expert advice to state government on public policy issues significantly related to science and technology.
(l) It is in the public’s interests, and in the interest of ratepayers of the state’s gas corporations, that the policies and programs adopted by the Public Utilities Commission be guided by the best science reasonably available.
SEC. 2.
Section 39734 is added to the Health and Safety Code, to read:
39734.
(a) For purposes of this section, “biogas” has the same meaning as in Section 25420.
(b) To meet the state’s renewable energy, low-carbon fuel, and waste diversion goals, the state board, in coordination with the Public Utilities
Commission and State Energy Resources and Conservation Development
Commission, shall
consider and, as appropriate,
adopt
a policy
policies or programs
that
is
are
consistent with existing state policies and programs to increase the production and use of renewable gas, including biogas, generated by either of the following:
(1) An eligible renewable energy resource that meets the requirements of the California Renewables Portfolio Standard Program (Article 16 (commencing with Section 399.11) of Chapter 2.3 of Part 1 of Division 1 of the Public Utilities Code).
(2) Direct solar energy.
(c) In adopting the policy described in subdivision (b), the state board shall ensure that eligible renewable gas provides direct benefits to the state’s environment by reducing or avoiding all of the following:
(1) Emissions of criteria pollutants.
(2) Emissions that adversely affect the waters of the state.
(3) Nuisances associated with the emission of odors.
SEC. 3.
Section 784.1 is added to the
Public Utilities Code
, to read:
784.1.
(a)The Legislature requests that the California Council on Science and Technology undertake and complete a study analyzing the regional and gas corporation specific issues relating to minimum heating value and maximum siloxane specifications for biomethane before it can be injected into common carrier gas pipelines, including those specifications adopted in Sections 4.4.3.3 and 4.4.4 of commission Decision 14-01-034 (January 16, 2014), Decision Regarding the Biomethane Implementation Tasks in Assembly Bill 1900. The study shall consider and evaluate other states’ standards, the source of biomethane, the dilution of biomethane after it is injected into the pipeline, the equipment and technology upgrades required to meet the minimum heating value specifications, including the impacts of those specifications on the cost, volume of biomethane sold, equipment operation, and safety. The study shall also consider whether different sources of biogas should have different standards or if all sources should adhere to one standard for the minimum heating value and maximum permissible level of siloxanes. The study shall develop the best science reasonably available and not merely be a literature review. In order to meet the state’s goals for reducing emissions of greenhouse gases and short-lived climate pollutants and the state’s goals for promoting the use of renewable energy resources in place of burning fossil fuels, the California Council on Science and Technology, if it agrees to undertake and complete the study, shall complete the study within nine months of entering into a contract to undertake and complete the study.
(b)(1)If the California Council on Science and Technology agrees to undertake and complete the study pursuant to subdivision (a), the commission shall require each gas corporation operating common carrier pipelines in California to proportionately contribute to the expenses to undertake the study pursuant to Sections 740 and 740.1. The commission may modify the monetary incentives made available pursuant to commission Decision 15-06-029 (June 11, 2015), Decision Regarding the Costs of Compliance with Decision 14-01-034 and Adoption of Biomethane Promotion Policies and Program, to allocate some of the moneys that would be made available for incentives to instead be made available to pay for the costs of the study so as to not further burden ratepayers with additional expense.
(2)The commission’s authority pursuant to paragraph (1) shall apply notwithstanding whether the gas corporation has proposed the program pursuant to Section 740.1.
(c)If the California Council on Science and Technology agrees to undertake and complete the study pursuant to subdivision (a), within six months of its completion, the commission shall reevaluate its requirements and standards adopted pursuant to Section 25421 of the Health and Safety Code relative to the requirements and standards for biomethane to be injected into common carrier pipelines and, if appropriate, change those requirements and standards or adopt new requirements and standards, giving due deference to the conclusions and recommendations made in the study by the California Council on Science and Technology.
SEC. 4.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. | (1)The
The
California Global Warming Solutions Act of 2006 establishes the State Air Resources Board as the state agency responsible for monitoring and regulating sources emitting greenhouse gases. The act requires the state board to adopt regulations to require the reporting and verification of statewide greenhouse gas emissions and to monitor and enforce compliance with this program. The act requires the state board to adopt a statewide greenhouse gas emissions limit, as defined, to be achieved by 2020 equivalent to the statewide greenhouse gas emissions level in 1990. Existing law requires the state board to complete a comprehensive strategy to reduce emissions of short-lived climate pollutants, as defined, in the state.
Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including gas corporations. The California Renewables Portfolio Standard Program requires the Public Utilities Commission to establish a renewables portfolio standard requiring all retail sellers, as defined, to procure a minimum quantity of electricity products from eligible renewable energy resources, as defined, at specified percentages of the total kilowatthours sold to their retail end-use customers during specified compliance periods.
This bill would require the state board, in coordination with the Public Utilities
Commission and State Energy Resources and Conservation Development
Commission, to
consider and, as appropriate,
adopt a policy
or programs
to increase the production and use of renewable gas, as specified, generated by either an eligible renewable energy resource that meets the requirements of the California Renewables Portfolio Standard Program or direct solar energy, as specified.
(2)Existing law authorizes the commission to fix the rates and charges for every public utility and requires that those rates and charges be just and reasonable. Existing law authorizes certain public utilities, including gas corporations, to propose research and development programs and authorizes the commission to allow inclusion of expenses for research and development in the public utility’s rates. Existing law requires the commission to consider specified guidelines in evaluating the research, development, and demonstration programs proposed by gas corporations.
The California Renewables Portfolio Standard Program requires the commission to adopt policies and programs that promote the in-state production and distribution of biomethane. Existing law requires the commission to adopt, by rule or order, (1) standards for biomethane that specify the concentrations of constituents of concern that are reasonably necessary to protect public health and ensure pipeline integrity and safety, as specified, and (2) requirements for monitoring, testing, reporting, and recordkeeping, as specified. Existing law requires a gas corporation to comply with those standards and requirements and requires that gas corporation tariffs condition access to common carrier pipelines on the applicable customer meeting those standards and requirements.
This bill would request the California Council on Science and Technology to undertake and complete a study analyzing the regional and gas corporation specific issues relating to minimum heating value and maximum siloxane specifications adopted by the commission for biomethane before it can be injected into common carrier gas pipelines. If the California Council on Science and Technology agrees to undertake and complete the study, the bill would require each gas corporation operating common carrier pipelines in California to proportionately contribute to the expenses to undertake the study with the cost recoverable in rates. The bill would authorize the commission to modify certain available monetary incentives to allocate some of the incentive moneys to pay for the costs of the study so as to not further burden ratepayers with additional expense. If the California Council on Science and Technology agrees to undertake and complete the study, the bill would require the commission, within 6 months of its completion, to reevaluate requirements and standards adopted for injection of biomethane into common carrier pipelines and, if appropriate, change those requirements and standards or adopt new requirements and standards, giving due deference to the conclusions and recommendations made in the study.
(3)Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime.
Because certain provisions of the bill would be a part of the act and a violation of an order or decision of the commission implementing its requirements would be a crime, this bill would impose a state-mandated local program by creating a new crime.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:
(a) California imports 91 percent of its natural gas, which is responsible for 25 percent of the state’s emissions of greenhouse gases.
(b) California made a commitment to address climate change with the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code) and the adoption of a comprehensive strategy to reduce emissions of short-lived climate pollutants (Chapter 4.2 (commencing with Section 39730) of Part 2 of Division 26 of the Health and Safety Code). For California to meet its goals for reducing emissions of greenhouse gases and short-lived climate pollutants, the state must reduce emissions from the natural gas sector and increase the production and distribution of renewable and low-carbon gas supplies.
(c) Biomethane is gas generated from organic waste through anaerobic digestion, gasification, pyrolysis, or other conversion technology that converts organic matter to gas. Biomethane may be produced from multiple sources, including agricultural waste, forest waste, landfill gas, wastewater treatment byproducts, and diverted organic waste.
(d) Biomethane provides a sustainable and clean alternative to natural gas. If 10 percent of California’s natural gas use were to be replaced with biomethane use, emissions of greenhouse gases would be reduced by tens of millions of metric tons of carbon dioxide equivalent every year.
(e) Investing in biomethane would create cobenefits, including flexible generation of electricity from a renewable source that is available 24 hours a day, reduction of fossil fuel use, reduction of air and water pollution, and new jobs.
(f) Biomethane can also be used as transportation fuel or injected into natural gas pipelines for other uses. The most appropriate use of biomethane varies depending on the source, proximity to existing natural gas pipeline injection points or large vehicle fleets, and the circumstances of existing facilities.
(g) The biomethane market has been slow to develop in California because the collection, purification, and pipeline injection of biomethane can be costly.
(h) Biomethane is poised to play a key role in future natural gas and hydrogen fuel markets as a blendstock that can significantly reduce the carbon footprint of these two fossil-based alternative fuels.
(i) Biomethane is one of the most promising alternative vehicle fuels because it generates the least net emissions of greenhouse gases. According to the low-carbon fuel standard regulations (Subarticle 7 (commencing with Section 95480) of Article 4 of Subchapter 10 of Chapter 1 of Division 3 of Title 17 of the California Code of Regulations) adopted by the State Air Resources Board, vehicles running on biomethane generate significantly lower emissions of greenhouse gases than vehicles running on electricity or fossil fuel-derived hydrogen.
(j) The California Council on Science and Technology was established by California academic research institutions, including the University of California, the University of Southern California, the California Institute of Technology, Stanford University, and the California State University, and was organized as a nonprofit corporation pursuant to Section 501(c)(3) of the Internal Revenue Code, in response to Assembly Concurrent Resolution No. 162 (Resolution Chapter 148 of the Statutes of 1988).
(k) The California Council on Science and Technology was uniquely established at the request of the Legislature for the specific purpose of offering expert advice to state government on public policy issues significantly related to science and technology.
(l) It is in the public’s interests, and in the interest of ratepayers of the state’s gas corporations, that the policies and programs adopted by the Public Utilities Commission be guided by the best science reasonably available.
SEC. 2.
Section 39734 is added to the Health and Safety Code, to read:
39734.
(a) For purposes of this section, “biogas” has the same meaning as in Section 25420.
(b) To meet the state’s renewable energy, low-carbon fuel, and waste diversion goals, the state board, in coordination with the Public Utilities
Commission and State Energy Resources and Conservation Development
Commission, shall
consider and, as appropriate,
adopt
a policy
policies or programs
that
is
are
consistent with existing state policies and programs to increase the production and use of renewable gas, including biogas, generated by either of the following:
(1) An eligible renewable energy resource that meets the requirements of the California Renewables Portfolio Standard Program (Article 16 (commencing with Section 399.11) of Chapter 2.3 of Part 1 of Division 1 of the Public Utilities Code).
(2) Direct solar energy.
(c) In adopting the policy described in subdivision (b), the state board shall ensure that eligible renewable gas provides direct benefits to the state’s environment by reducing or avoiding all of the following:
(1) Emissions of criteria pollutants.
(2) Emissions that adversely affect the waters of the state.
(3) Nuisances associated with the emission of odors.
SEC. 3.
Section 784.1 is added to the
Public Utilities Code
, to read:
784.1.
(a)The Legislature requests that the California Council on Science and Technology undertake and complete a study analyzing the regional and gas corporation specific issues relating to minimum heating value and maximum siloxane specifications for biomethane before it can be injected into common carrier gas pipelines, including those specifications adopted in Sections 4.4.3.3 and 4.4.4 of commission Decision 14-01-034 (January 16, 2014), Decision Regarding the Biomethane Implementation Tasks in Assembly Bill 1900. The study shall consider and evaluate other states’ standards, the source of biomethane, the dilution of biomethane after it is injected into the pipeline, the equipment and technology upgrades required to meet the minimum heating value specifications, including the impacts of those specifications on the cost, volume of biomethane sold, equipment operation, and safety. The study shall also consider whether different sources of biogas should have different standards or if all sources should adhere to one standard for the minimum heating value and maximum permissible level of siloxanes. The study shall develop the best science reasonably available and not merely be a literature review. In order to meet the state’s goals for reducing emissions of greenhouse gases and short-lived climate pollutants and the state’s goals for promoting the use of renewable energy resources in place of burning fossil fuels, the California Council on Science and Technology, if it agrees to undertake and complete the study, shall complete the study within nine months of entering into a contract to undertake and complete the study.
(b)(1)If the California Council on Science and Technology agrees to undertake and complete the study pursuant to subdivision (a), the commission shall require each gas corporation operating common carrier pipelines in California to proportionately contribute to the expenses to undertake the study pursuant to Sections 740 and 740.1. The commission may modify the monetary incentives made available pursuant to commission Decision 15-06-029 (June 11, 2015), Decision Regarding the Costs of Compliance with Decision 14-01-034 and Adoption of Biomethane Promotion Policies and Program, to allocate some of the moneys that would be made available for incentives to instead be made available to pay for the costs of the study so as to not further burden ratepayers with additional expense.
(2)The commission’s authority pursuant to paragraph (1) shall apply notwithstanding whether the gas corporation has proposed the program pursuant to Section 740.1.
(c)If the California Council on Science and Technology agrees to undertake and complete the study pursuant to subdivision (a), within six months of its completion, the commission shall reevaluate its requirements and standards adopted pursuant to Section 25421 of the Health and Safety Code relative to the requirements and standards for biomethane to be injected into common carrier pipelines and, if appropriate, change those requirements and standards or adopt new requirements and standards, giving due deference to the conclusions and recommendations made in the study by the California Council on Science and Technology.
SEC. 4.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
### Summary:
<bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos> |
The people of the State of California do enact as follows:
SECTION 1.
Section 89711 of the Education Code is amended to read:
89711.
(a) Except as provided for in subdivision (b), a California State University campus-based mandatory fee, other than a student success fee as defined in Section 89712, established through an affirmative vote of the majority of the student body voting on the fee, but not specifically authorized by statute, shall not be reallocated without an affirmative vote of a majority of the members of either the student body or a campus fee advisory committee established under the policies of the California State University voting on the fee reallocation.
(b) A California State University campus-based mandatory fee, other than a student success fee as defined in Section 89712, established through an affirmative vote of the majority of the student body voting on the fee, but not specifically authorized by statute, may be reallocated without an affirmative vote of a majority of the members of either the student body or a campus fee advisory committee voting on the fee if the vote that established the fee authorized an alternative or automatic reallocation mechanism for that fee.
(c) This section shall not apply to campus-based fees approved prior to the enactment of this section.
SEC. 2.
Section 89712 of the Education Code, as added by Section 2 of Chapter 636 of the Statutes of 2015, is amended to read:
89712.
(a) (1) Neither a campus of the California State University nor the Chancellor of the California State University shall approve a new student success fee or an increase to an existing student success fee, as defined in subdivision (g), before all of the following requirements are satisfied:
(A) The campus undertakes a rigorous consultation process that informs and educates students on the uses, impact, and cost of any proposed student success fee or student success fee increase.
(B) The campus informs its students of all of the following circumstances,
each of
which shall apply to these fees:
(i) That, except as provided in clauses (ii) and (iii), a student success fee may be rescinded by a majority vote of the students, as specified in subdivision (c).
(ii) That a student success fee may not be rescinded earlier than six years following the vote to implement the fee.
(iii) If any portion of the student success fee is committed to support a long-term obligation, that portion of the fee may not be rescinded until the obligation has been satisfied.
(C) The campus shall hold a binding student election on the implementation of any proposed student success fees, or any increase to an existing student success fee, and two-thirds of the student body voting on the fee must vote affirmatively.
(2) Implementation of a fee supported by two-thirds of the campus student body voting on the fee is contingent upon the final approval of the Chancellor of the California State University.
(3) A student success fee proposal may not be brought before the student body more frequently than once per academic year.
(b) A student success fee in place on January 1, 2016, may be rescinded by a binding student vote under the procedures authorized in subdivision (c) only after at least six years have elapsed following the implementation of the fee.
(c) (1) Student success fees may be rescinded with a binding student vote wherein a simple majority of those students voting vote to rescind the fee. The student vote shall comply with all of the following:
(A) A campus decision to vote is formally approved by the recognized student government.
(B) Rescission vote proposals shall not be brought before the student body more frequently than once per academic year.
(C) In the process of reconsidering a student success fee, and before the student vote occurs, the students shall be informed, if a portion of the fee is supporting a long-term obligation, the dollar amount of that portion, and the date on which the long-term obligation would be satisfied.
(2) No new contractual or other obligation that would be supported by the rescinded student success fee may be entered into following a vote to rescind the fee.
(d) The Chancellor of the California State University shall ensure that all of the following occur on each campus:
(1) There is majority student representation in campus student success fee allocation oversight groups.
(2) There is an annual report from each campus to the chancellor on student success fees.
(3) There is uniform, transparent, online accountability in the decisionmaking process for, and a detailed accounting of, the allocation of student success fees.
(e) The Chancellor of the California State University shall establish appropriate reporting procedures to ensure that a campus is in compliance with the requirements of this section.
(f) The
chancellor
Chancellor of the California State University
shall report, by December 1 of each year, to the Department of Finance, and the Legislature pursuant to Section 9795 of the Government Code, a summary of the fees adopted or rescinded in the prior academic year, and the uses of proposed and currently implemented fees.
(g) For purposes of this section, a “student success fee” is a type of category II campus-based mandatory fee that is required to be paid by a student before that student may enroll or attend a campus of the California State University, as determined by that campus or the Chancellor of the California State University. | Existing law establishes the California State University, under the administration of the Trustees of the California State University, as one of the segments of public postsecondary education in this state. Existing law authorizes the trustees by rule to require all persons to pay fees, rents, deposits, and charges for services, facilities, or materials provided by the trustees to those persons. Existing law prohibits specified California State University campus-based mandatory fees from being reallocated without an affirmative vote of the majority of the members of either the student body or a specified campus fee advisory committee voting on the fee reallocation, unless the vote that established the fee authorizes an alternative or automatic reallocation mechanism for that fee.
Existing law prohibits a campus of the California State University, or the Chancellor of the California State University, from imposing a student success fee, as defined, unless certain requirements are met. Among these requirements is an affirmative vote of a majority of the student body voting at a binding student election.
This bill would increase the affirmative vote required for the imposition of a student success fee from a majority to
2/3
of the student body voting on that proposed fee. The bill would also make a technical conforming change in a related provision. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
Section 89711 of the Education Code is amended to read:
89711.
(a) Except as provided for in subdivision (b), a California State University campus-based mandatory fee, other than a student success fee as defined in Section 89712, established through an affirmative vote of the majority of the student body voting on the fee, but not specifically authorized by statute, shall not be reallocated without an affirmative vote of a majority of the members of either the student body or a campus fee advisory committee established under the policies of the California State University voting on the fee reallocation.
(b) A California State University campus-based mandatory fee, other than a student success fee as defined in Section 89712, established through an affirmative vote of the majority of the student body voting on the fee, but not specifically authorized by statute, may be reallocated without an affirmative vote of a majority of the members of either the student body or a campus fee advisory committee voting on the fee if the vote that established the fee authorized an alternative or automatic reallocation mechanism for that fee.
(c) This section shall not apply to campus-based fees approved prior to the enactment of this section.
SEC. 2.
Section 89712 of the Education Code, as added by Section 2 of Chapter 636 of the Statutes of 2015, is amended to read:
89712.
(a) (1) Neither a campus of the California State University nor the Chancellor of the California State University shall approve a new student success fee or an increase to an existing student success fee, as defined in subdivision (g), before all of the following requirements are satisfied:
(A) The campus undertakes a rigorous consultation process that informs and educates students on the uses, impact, and cost of any proposed student success fee or student success fee increase.
(B) The campus informs its students of all of the following circumstances,
each of
which shall apply to these fees:
(i) That, except as provided in clauses (ii) and (iii), a student success fee may be rescinded by a majority vote of the students, as specified in subdivision (c).
(ii) That a student success fee may not be rescinded earlier than six years following the vote to implement the fee.
(iii) If any portion of the student success fee is committed to support a long-term obligation, that portion of the fee may not be rescinded until the obligation has been satisfied.
(C) The campus shall hold a binding student election on the implementation of any proposed student success fees, or any increase to an existing student success fee, and two-thirds of the student body voting on the fee must vote affirmatively.
(2) Implementation of a fee supported by two-thirds of the campus student body voting on the fee is contingent upon the final approval of the Chancellor of the California State University.
(3) A student success fee proposal may not be brought before the student body more frequently than once per academic year.
(b) A student success fee in place on January 1, 2016, may be rescinded by a binding student vote under the procedures authorized in subdivision (c) only after at least six years have elapsed following the implementation of the fee.
(c) (1) Student success fees may be rescinded with a binding student vote wherein a simple majority of those students voting vote to rescind the fee. The student vote shall comply with all of the following:
(A) A campus decision to vote is formally approved by the recognized student government.
(B) Rescission vote proposals shall not be brought before the student body more frequently than once per academic year.
(C) In the process of reconsidering a student success fee, and before the student vote occurs, the students shall be informed, if a portion of the fee is supporting a long-term obligation, the dollar amount of that portion, and the date on which the long-term obligation would be satisfied.
(2) No new contractual or other obligation that would be supported by the rescinded student success fee may be entered into following a vote to rescind the fee.
(d) The Chancellor of the California State University shall ensure that all of the following occur on each campus:
(1) There is majority student representation in campus student success fee allocation oversight groups.
(2) There is an annual report from each campus to the chancellor on student success fees.
(3) There is uniform, transparent, online accountability in the decisionmaking process for, and a detailed accounting of, the allocation of student success fees.
(e) The Chancellor of the California State University shall establish appropriate reporting procedures to ensure that a campus is in compliance with the requirements of this section.
(f) The
chancellor
Chancellor of the California State University
shall report, by December 1 of each year, to the Department of Finance, and the Legislature pursuant to Section 9795 of the Government Code, a summary of the fees adopted or rescinded in the prior academic year, and the uses of proposed and currently implemented fees.
(g) For purposes of this section, a “student success fee” is a type of category II campus-based mandatory fee that is required to be paid by a student before that student may enroll or attend a campus of the California State University, as determined by that campus or the Chancellor of the California State University.
### Summary:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
Section 8971 |
The people of the State of California do enact as follows:
SECTION 1.
Section 488.080 of the Code of Civil Procedure is amended to read:
488.080.
(a) A registered process server may levy under a writ of attachment on the following types of property:
(1) Real property, pursuant to Section 488.315.
(2) Growing crops, timber to be cut, or minerals or the like, including oil and gas, to be extracted or accounts receivable resulting from the sale thereof at the wellhead or minehead, pursuant to Section 488.325.
(3) Personal property in the custody of a levying officer, pursuant to Section 488.355.
(4) Equipment of a going business, pursuant to Section 488.375.
(5) Motor vehicles, vessels, mobilehomes, or commercial coaches used as equipment of a going business, pursuant to Section 488.385.
(6) Farm products or inventory of a going business, pursuant to Section 488.405.
(7) Personal property used as a dwelling, pursuant to subdivision (a) of Section 700.080.
(8) Deposit accounts, pursuant to Section 488.455.
(9) Property in a safe-deposit box, pursuant to Section 488.460.
(10) Accounts receivable or general intangibles, pursuant to Section 488.470.
(11) Final money judgments, pursuant to Section 488.480.
(12) Interest of a defendant in personal property in the estate of a decedent, pursuant to Section 488.485.
(b) Before levying under the writ of attachment, the registered process server shall cause to be deposited with the levying officer a copy of the writ and the fee, as provided by Section 26721 of the Government Code.
(c) If a registered process server levies on property pursuant to subdivision (a), the registered process server shall do both of the following:
(1) Comply with the applicable levy, posting, and service provisions of Article 2 (commencing with Section 488.300).
(2) Request any third person served to give a garnishee’s memorandum to the levying officer in compliance with Section 488.610 on a form provided by the registered process server.
(d) Within five court days after levy under this section, all of the following shall be filed with the levying officer:
(1) The writ of attachment.
(2) A proof of service by the registered process server stating the manner of levy performed.
(3) Proof of service of the copy of the writ and notice of attachment on other persons, as required by Article 2 (commencing with Section 488.300).
(4) Instructions in writing, as required by the provisions of Section 488.030.
(e) If the fee provided by Section 26721 of the Government Code has been paid, the levying officer shall perform all other duties under the writ as if the levying officer had levied under the writ and shall return the writ to the court. If the registered process server does not comply with subdivisions (b) and (d), the levy is ineffective and the levying officer shall not be required to perform any duties under the writ, and may issue a release for any property sought to be attached. The levying officer is not liable for actions taken in conformance with the provisions of this title in reliance on information provided to the levying officer under subdivision (d), except to the extent that the levying officer has actual knowledge that the information is incorrect. Nothing in this subdivision limits any liability the plaintiff or registered process server may have if the levying officer acts on the basis of incorrect information provided under subdivision (d).
(f) The fee for services of a registered process server under this section is a recoverable cost pursuant to Section 1033.5.
SEC. 2.
Section 699.080 of the Code of Civil Procedure is amended to read:
699.080.
(a) A registered process server may levy under a writ of execution on the following types of property:
(1) Real property, pursuant to Section 700.015.
(2) Growing crops, timber to be cut, or minerals or the like including oil and gas, to be extracted or accounts receivable resulting from the sale thereof at the wellhead or minehead, pursuant to Section 700.020.
(3) Personal property in the custody of a levying officer, pursuant to Section 700.050.
(4) Personal property used as a dwelling, pursuant to subdivision (a) of Section 700.080.
(5) Deposit accounts, pursuant to Section 700.140.
(6) Property in a safe-deposit box, pursuant to Section 700.150.
(7) Accounts receivable or general intangibles, pursuant to Section 700.170.
(8) Final money judgments, pursuant to Section 700.190.
(9) Interest of a judgment debtor in personal property in the estate of a decedent, pursuant to Section 700.200.
(b) Before levying under the writ of execution, the registered process server shall cause to be deposited with the levying officer a copy of the writ and the fee, as provided by Section 26721 of the Government Code.
(c) If a registered process server levies on property pursuant to subdivision (a), the registered process server shall do both of the following:
(1) Comply with the applicable levy, posting, and service provisions of Article 4 (commencing with Section 700.010).
(2) Request any third person served to give a garnishee’s memorandum to the levying officer in compliance with Section 701.030 on a form provided by the registered process server.
(d) Within five court days after levy under this section, all of the following shall be filed with the levying officer:
(1) The writ of execution.
(2) A proof of service by the registered process server stating the manner of levy performed.
(3) Proof of service of the copy of the writ and notice of levy on other persons, as required by Article 4 (commencing with Section 700.010).
(4) Instructions in writing, as required by the provisions of Section 687.010.
(e) If the fee provided by Section 26721 of the Government Code has been paid, the levying officer shall perform all other duties under the writ as if the levying officer had levied under the writ and shall return the writ to the court. If the registered process server does not comply with subdivisions (b) and (d), the levy is ineffective and the levying officer shall not be required to perform any duties under the writ, and may issue a release for any property sought to be levied upon.
(f) The fee for services of a registered process server under this section is a recoverable cost pursuant to Section 1033.5.
(g) A registered process server may levy more than once under the same writ of execution, provided that the writ is still valid.
SEC. 3.
Section 706.108 of the Code of Civil Procedure is amended to read:
706.108.
(a) If a writ of execution has been issued to the county where the judgment debtor’s employer is to be served and the time specified in subdivision (b) of Section 699.530 for levy on property under the writ has not expired, a judgment creditor may deliver an application for issuance of an earnings withholding order to a registered process server who may then issue an earnings withholding order.
(b) If the registered process server has issued the earnings withholding order, the registered process server, before serving the earnings withholding order, shall cause to be deposited with the levying officer a copy of the writ of execution, the application for issuance of an earnings withholding order, a copy of the earnings withholding order, and the fee, as provided by Section 26750 of the Government Code.
(c) A registered process server may serve an earnings withholding order on an employer whether the earnings withholding order was issued by a levying officer or by a registered process server, but no earnings withholding order may be served after the time specified in subdivision (b) of Section 699.530. In performing this function, the registered process server shall serve upon the designated employer all of the following:
(1) The original and one copy of the earnings withholding order.
(2) The form for the employer’s return.
(3) The notice to the employee of the earnings withholding order.
(4) A copy of the form that the judgment debtor may use to make a claim of exemption.
(5) A copy of the form the judgment debtor may use to provide a financial statement.
(6) A copy of the employer’s instructions referred to in Section 706.127, except as otherwise prescribed in rules adopted by the Judicial Council.
(d) Within five court days after service under this section, all of the following shall be filed with the levying officer:
(1) The writ of execution, if it is not already in the hands of the levying officer.
(2) Proof of service on the employer of the papers listed in subdivision (c).
(3) Instructions in writing, as required by the provisions of Section 687.010.
(e) If the fee provided by Section 26750 of the Government Code has been paid, the levying officer shall perform all other duties required by this chapter as if the levying officer had served the earnings withholding order. If the registered process server does not comply with subdivisions (b), where applicable, and (d), the service of the earnings withholding order is ineffective and the levying officer shall not be required to perform any duties under the order, and may terminate the order and release any withheld earnings to the judgment debtor.
(f) The fee for services of a registered process server under this section is a recoverable cost pursuant to Section 1033.5. | Existing law establishes a process for the enforcement of money judgments, and authorizes a registered process server to levy under a writ of attachment or writ of execution on specified types of property. Existing law requires the registered process server, before levying under the writ, to deposit a copy of the writ with the levying officer and pay a specified fee. Existing law also permits a registered process server to serve an earnings withholding order on an employer and requires that the process server deposit specified documents with the levying officer and pay a specified fee.
This bill would provide that the registered process server is authorized to have the required documents and fee delivered to the levying officer by someone other than the process server himself or herself. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
Section 488.080 of the Code of Civil Procedure is amended to read:
488.080.
(a) A registered process server may levy under a writ of attachment on the following types of property:
(1) Real property, pursuant to Section 488.315.
(2) Growing crops, timber to be cut, or minerals or the like, including oil and gas, to be extracted or accounts receivable resulting from the sale thereof at the wellhead or minehead, pursuant to Section 488.325.
(3) Personal property in the custody of a levying officer, pursuant to Section 488.355.
(4) Equipment of a going business, pursuant to Section 488.375.
(5) Motor vehicles, vessels, mobilehomes, or commercial coaches used as equipment of a going business, pursuant to Section 488.385.
(6) Farm products or inventory of a going business, pursuant to Section 488.405.
(7) Personal property used as a dwelling, pursuant to subdivision (a) of Section 700.080.
(8) Deposit accounts, pursuant to Section 488.455.
(9) Property in a safe-deposit box, pursuant to Section 488.460.
(10) Accounts receivable or general intangibles, pursuant to Section 488.470.
(11) Final money judgments, pursuant to Section 488.480.
(12) Interest of a defendant in personal property in the estate of a decedent, pursuant to Section 488.485.
(b) Before levying under the writ of attachment, the registered process server shall cause to be deposited with the levying officer a copy of the writ and the fee, as provided by Section 26721 of the Government Code.
(c) If a registered process server levies on property pursuant to subdivision (a), the registered process server shall do both of the following:
(1) Comply with the applicable levy, posting, and service provisions of Article 2 (commencing with Section 488.300).
(2) Request any third person served to give a garnishee’s memorandum to the levying officer in compliance with Section 488.610 on a form provided by the registered process server.
(d) Within five court days after levy under this section, all of the following shall be filed with the levying officer:
(1) The writ of attachment.
(2) A proof of service by the registered process server stating the manner of levy performed.
(3) Proof of service of the copy of the writ and notice of attachment on other persons, as required by Article 2 (commencing with Section 488.300).
(4) Instructions in writing, as required by the provisions of Section 488.030.
(e) If the fee provided by Section 26721 of the Government Code has been paid, the levying officer shall perform all other duties under the writ as if the levying officer had levied under the writ and shall return the writ to the court. If the registered process server does not comply with subdivisions (b) and (d), the levy is ineffective and the levying officer shall not be required to perform any duties under the writ, and may issue a release for any property sought to be attached. The levying officer is not liable for actions taken in conformance with the provisions of this title in reliance on information provided to the levying officer under subdivision (d), except to the extent that the levying officer has actual knowledge that the information is incorrect. Nothing in this subdivision limits any liability the plaintiff or registered process server may have if the levying officer acts on the basis of incorrect information provided under subdivision (d).
(f) The fee for services of a registered process server under this section is a recoverable cost pursuant to Section 1033.5.
SEC. 2.
Section 699.080 of the Code of Civil Procedure is amended to read:
699.080.
(a) A registered process server may levy under a writ of execution on the following types of property:
(1) Real property, pursuant to Section 700.015.
(2) Growing crops, timber to be cut, or minerals or the like including oil and gas, to be extracted or accounts receivable resulting from the sale thereof at the wellhead or minehead, pursuant to Section 700.020.
(3) Personal property in the custody of a levying officer, pursuant to Section 700.050.
(4) Personal property used as a dwelling, pursuant to subdivision (a) of Section 700.080.
(5) Deposit accounts, pursuant to Section 700.140.
(6) Property in a safe-deposit box, pursuant to Section 700.150.
(7) Accounts receivable or general intangibles, pursuant to Section 700.170.
(8) Final money judgments, pursuant to Section 700.190.
(9) Interest of a judgment debtor in personal property in the estate of a decedent, pursuant to Section 700.200.
(b) Before levying under the writ of execution, the registered process server shall cause to be deposited with the levying officer a copy of the writ and the fee, as provided by Section 26721 of the Government Code.
(c) If a registered process server levies on property pursuant to subdivision (a), the registered process server shall do both of the following:
(1) Comply with the applicable levy, posting, and service provisions of Article 4 (commencing with Section 700.010).
(2) Request any third person served to give a garnishee’s memorandum to the levying officer in compliance with Section 701.030 on a form provided by the registered process server.
(d) Within five court days after levy under this section, all of the following shall be filed with the levying officer:
(1) The writ of execution.
(2) A proof of service by the registered process server stating the manner of levy performed.
(3) Proof of service of the copy of the writ and notice of levy on other persons, as required by Article 4 (commencing with Section 700.010).
(4) Instructions in writing, as required by the provisions of Section 687.010.
(e) If the fee provided by Section 26721 of the Government Code has been paid, the levying officer shall perform all other duties under the writ as if the levying officer had levied under the writ and shall return the writ to the court. If the registered process server does not comply with subdivisions (b) and (d), the levy is ineffective and the levying officer shall not be required to perform any duties under the writ, and may issue a release for any property sought to be levied upon.
(f) The fee for services of a registered process server under this section is a recoverable cost pursuant to Section 1033.5.
(g) A registered process server may levy more than once under the same writ of execution, provided that the writ is still valid.
SEC. 3.
Section 706.108 of the Code of Civil Procedure is amended to read:
706.108.
(a) If a writ of execution has been issued to the county where the judgment debtor’s employer is to be served and the time specified in subdivision (b) of Section 699.530 for levy on property under the writ has not expired, a judgment creditor may deliver an application for issuance of an earnings withholding order to a registered process server who may then issue an earnings withholding order.
(b) If the registered process server has issued the earnings withholding order, the registered process server, before serving the earnings withholding order, shall cause to be deposited with the levying officer a copy of the writ of execution, the application for issuance of an earnings withholding order, a copy of the earnings withholding order, and the fee, as provided by Section 26750 of the Government Code.
(c) A registered process server may serve an earnings withholding order on an employer whether the earnings withholding order was issued by a levying officer or by a registered process server, but no earnings withholding order may be served after the time specified in subdivision (b) of Section 699.530. In performing this function, the registered process server shall serve upon the designated employer all of the following:
(1) The original and one copy of the earnings withholding order.
(2) The form for the employer’s return.
(3) The notice to the employee of the earnings withholding order.
(4) A copy of the form that the judgment debtor may use to make a claim of exemption.
(5) A copy of the form the judgment debtor may use to provide a financial statement.
(6) A copy of the employer’s instructions referred to in Section 706.127, except as otherwise prescribed in rules adopted by the Judicial Council.
(d) Within five court days after service under this section, all of the following shall be filed with the levying officer:
(1) The writ of execution, if it is not already in the hands of the levying officer.
(2) Proof of service on the employer of the papers listed in subdivision (c).
(3) Instructions in writing, as required by the provisions of Section 687.010.
(e) If the fee provided by Section 26750 of the Government Code has been paid, the levying officer shall perform all other duties required by this chapter as if the levying officer had served the earnings withholding order. If the registered process server does not comply with subdivisions (b), where applicable, and (d), the service of the earnings withholding order is ineffective and the levying officer shall not be required to perform any duties under the order, and may terminate the order and release any withheld earnings to the judgment debtor.
(f) The fee for services of a registered process server under this section is a recoverable cost pursuant to Section 1033.5.
### Summary:
<bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos> |
The people of the State of California do enact as follows:
SECTION 1.
Section 48900 of the Education Code is amended to read:
48900.
A pupil shall not be suspended from school or recommended for expulsion, unless the superintendent of the school district or the principal of the school in which the pupil is enrolled determines that the pupil has committed an act as defined pursuant to any of subdivisions (a) to (r), inclusive:
(a) (1) Caused, attempted to cause, or threatened to cause physical injury to another person.
(2) Willfully used force or violence upon the person of another, except in self-defense.
(b) Possessed, sold, or otherwise furnished a firearm, knife, explosive, or other dangerous object, unless, in the case of possession of an object of this type, the pupil had obtained written permission to possess the item from a certificated school employee, which is concurred in by the principal or the designee of the principal.
(c) Unlawfully possessed, used, sold, or otherwise furnished, or been under the influence of, a controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, an alcoholic beverage, or an intoxicant of any kind.
(d) Unlawfully offered, arranged, or negotiated to sell a controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, an alcoholic beverage, or an intoxicant of any kind, and either sold, delivered, or otherwise furnished to a person another liquid, substance, or material and represented the liquid, substance, or material as a controlled substance, alcoholic beverage, or intoxicant.
(e) Committed or attempted to commit robbery or extortion.
(f) Caused or attempted to cause damage to school property or private property.
(g) Stole or attempted to steal school property or private property.
(h) Possessed or used tobacco, or products containing tobacco or nicotine products, including, but not limited to, cigarettes, cigars, miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew packets, and betel. However, this section does not prohibit the use or possession by a pupil of his or her own prescription products.
(i) Committed an obscene act or engaged in habitual profanity or vulgarity.
(j) Unlawfully possessed or unlawfully offered, arranged, or negotiated to sell drug paraphernalia, as defined in Section 11014.5 of the Health and Safety Code.
(k) (1) Disrupted school activities or otherwise willfully defied the valid authority of supervisors, teachers, administrators, school officials, or other school personnel engaged in the performance of their duties.
(2) Except as provided in Section 48910, a pupil enrolled in kindergarten or any of grades 1 to 3, inclusive, shall not be suspended for any of the acts enumerated in this subdivision, and this subdivision shall not constitute grounds for a pupil enrolled in kindergarten or any of grades 1 to 12, inclusive, to be recommended for expulsion. This paragraph shall become inoperative on July 1, 2018, unless a later enacted statute that becomes operative before July 1, 2018, deletes or extends that date.
(l) Knowingly received stolen school property or private property.
(m) Possessed an imitation firearm. As used in this section, “imitation firearm” means a replica of a firearm that is so substantially similar in physical properties to an existing firearm as to lead a reasonable person to conclude that the replica is a firearm.
(n) Committed or attempted to commit a sexual assault as defined in Section 261, 266c, 286, 288, 288a, or 289 of the Penal Code or committed a sexual battery as defined in Section 243.4 of the Penal Code.
(o) Harassed, threatened, or intimidated a pupil who is a complaining witness or a witness in a school disciplinary proceeding for purposes of either preventing that pupil from being a witness or retaliating against that pupil for being a witness, or both.
(p) Unlawfully offered, arranged to sell, negotiated to sell, or sold the prescription drug Soma.
(q) Engaged in, or attempted to engage in, hazing. For purposes of this subdivision, “hazing” means a method of initiation or preinitiation into a pupil organization or body, whether or not the organization or body is officially recognized by an educational institution, that is likely to cause serious bodily injury or personal degradation or disgrace resulting in physical or mental harm to a former, current, or prospective pupil. For purposes of this subdivision, “hazing” does not include athletic events or school-sanctioned events.
(r) Engaged in an act of bullying. For purposes of this subdivision, the following terms have the following meanings:
(1) “Bullying” means any severe or pervasive physical or verbal act or conduct, including communications made in writing or by means of an electronic act, and including one or more acts committed by a pupil or group of pupils as defined in Section 48900.2, 48900.3, or 48900.4, directed toward one or more pupils that has or can be reasonably predicted to have the effect of one or more of the following:
(A) Placing a reasonable pupil or pupils in fear of harm to that pupil’s or those pupils’ person or property.
(B) Causing a reasonable pupil to experience a substantially detrimental effect on his or her physical or mental health.
(C) Causing a reasonable pupil to experience substantial interference with his or her academic performance.
(D) Causing a reasonable pupil to experience substantial interference with his or her ability to participate in or benefit from the services, activities, or privileges provided by a school.
(2) (A) “Electronic act” means the creation or transmission originated on or off the schoolsite, by means of an electronic device, including, but not limited to, a telephone, wireless telephone, or other wireless communication device, computer, or pager, of a communication, including, but not limited to, any of the following:
(i) A message, text, sound, video, or image.
(ii) A post on a social network Internet Web site, including, but not limited to:
(I) Posting to or creating a burn page. “Burn page” means an Internet Web site created for the purpose of having one or more of the effects listed in paragraph (1).
(II) Creating a credible impersonation of another actual pupil for the purpose of having one or more of the effects listed in paragraph (1). “Credible impersonation” means to knowingly and without consent impersonate a pupil for the purpose of bullying the pupil and such that another pupil would reasonably believe, or has reasonably believed, that the pupil was or is the pupil who was impersonated.
(III) Creating a false profile for the purpose of having one or more of the effects listed in paragraph (1). “False profile” means a profile of a fictitious pupil or a profile using the likeness or attributes of an actual pupil other than the pupil who created the false profile.
(B) Notwithstanding paragraph (1) and subparagraph (A), an electronic act shall not constitute pervasive conduct solely on the basis that it has been transmitted on the Internet or is currently posted on the Internet.
(3) “Reasonable pupil” means a pupil, including, but not limited to, an exceptional needs pupil, who exercises average care, skill, and judgment in conduct for a person of his or her age, or for a person of his or her age with his or her exceptional needs.
(s) A pupil shall not be suspended or expelled for any of the acts enumerated in this section unless the act is related to a school activity or school attendance occurring within a school under the jurisdiction of the superintendent of the school district or principal or occurring within any other school district. A pupil may be suspended or expelled for acts that are enumerated in this section and related to a school activity or school attendance that occur at any time, including, but not limited to, any of the following:
(1) While on school grounds.
(2) While going to or coming from school.
(3) During the lunch period whether on or off the campus.
(4) During, or while going to or coming from, a school-sponsored activity.
(t) A pupil who aids or abets, as defined in Section 31 of the Penal Code, the infliction or attempted infliction of physical injury to another person may be subject to suspension, but not expulsion, pursuant to this section, except that a pupil who has been adjudged by a juvenile court to have committed, as an aider and abettor, a crime of physical violence in which the victim suffered great bodily injury or serious bodily injury shall be subject to discipline pursuant to subdivision (a).
(u) As used in this section, “school property” includes, but is not limited to, electronic files and databases.
(v) For a pupil subject to discipline under this section, a superintendent of the school district or principal may use his or her discretion to provide alternatives to suspension or expulsion that are age appropriate and designed to address and correct the pupil’s specific misbehavior as specified in Section 48900.5.
(w) It is the intent of the Legislature that alternatives to suspension or expulsion be imposed against a pupil who is truant, tardy, or otherwise absent from school activities.
SEC. 1.5.
Section 48900 of the Education Code is amended to read:
48900.
A pupil shall not be suspended from school or recommended for expulsion, unless the superintendent of the school district or the principal of the school in which the pupil is enrolled determines that the pupil has committed an act as defined pursuant to any of subdivisions (a) to (r), inclusive:
(a) (1) Caused, attempted to cause, or threatened to cause physical injury to another person.
(2) Willfully used force or violence upon the person of another, except in self-defense.
(b) Possessed, sold, or otherwise furnished a firearm, knife, explosive, or other dangerous object, unless, in the case of possession of an object of this type, the pupil had obtained written permission to possess the item from a certificated school employee, which is concurred in by the principal or the designee of the principal.
(c) Unlawfully possessed, used, sold, or otherwise furnished, or been under the influence of, a controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, an alcoholic beverage, or an intoxicant of any kind.
(d) Unlawfully offered, arranged, or negotiated to sell a controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, an alcoholic beverage, or an intoxicant of any kind, and either sold, delivered, or otherwise furnished to a person another liquid, substance, or material and represented the liquid, substance, or material as a controlled substance, alcoholic beverage, or intoxicant.
(e) Committed or attempted to commit robbery or extortion.
(f) Caused or attempted to cause damage to school property or private property.
(g) Stole or attempted to steal school property or private property.
(h) Possessed or used tobacco, or products containing tobacco or nicotine products, including, but not limited to, cigarettes, cigars, miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew packets, and betel. However, this section does not prohibit the use or possession by a pupil of his or her own prescription products.
(i) Committed an obscene act or engaged in habitual profanity or vulgarity.
(j) Unlawfully possessed or unlawfully offered, arranged, or negotiated to sell drug paraphernalia, as defined in Section 11014.5 of the Health and Safety Code.
(k) (1) Disrupted school activities or otherwise willfully defied the valid authority of supervisors, teachers, administrators, school officials, or other school personnel engaged in the performance of their duties.
(2) Except as provided in Section 48910, a pupil enrolled in kindergarten or any of grades 1 to 3, inclusive, shall not be suspended for any of the acts enumerated in this subdivision, and this subdivision shall not constitute grounds for a pupil enrolled in kindergarten or any of grades 1 to 12, inclusive, to be recommended for expulsion. This paragraph shall become inoperative on July 1, 2018, unless a later enacted statute that becomes operative before July 1, 2018, deletes or extends that date.
(l) Knowingly received stolen school property or private property.
(m) Possessed an imitation firearm. As used in this section, “imitation firearm” means a replica of a firearm that is so substantially similar in physical properties to an existing firearm as to lead a reasonable person to conclude that the replica is a firearm.
(n) Committed or attempted to commit a sexual assault as defined in Section 261, 266c, 286, 288, 288a, or 289 of the Penal Code or committed a sexual battery as defined in Section 243.4 of the Penal Code.
(o) Harassed, threatened, or intimidated a pupil who is a complaining witness or a witness in a school disciplinary proceeding for purposes of either preventing that pupil from being a witness or retaliating against that pupil for being a witness, or both.
(p) Unlawfully offered, arranged to sell, negotiated to sell, or sold the prescription drug Soma.
(q) Engaged in, or attempted to engage in, hazing. For purposes of this subdivision, “hazing” means a method of initiation or preinitiation into a pupil organization or body, whether or not the organization or body is officially recognized by an educational institution, that is likely to cause serious bodily injury or personal degradation or disgrace resulting in physical or mental harm to a former, current, or prospective pupil. For purposes of this subdivision, “hazing” does not include athletic events or school-sanctioned events.
(r) Engaged in an act of bullying. For purposes of this subdivision, the following terms have the following meanings:
(1) “Bullying” means any severe or pervasive physical or verbal act or conduct, including communications made in writing or by means of an electronic act, and including one or more acts committed by a pupil or group of pupils as defined in Section 48900.2, 48900.3, or 48900.4, directed toward one or more pupils that has or can be reasonably predicted to have the effect of one or more of the following:
(A) Placing a reasonable pupil or pupils in fear of harm to that pupil’s or those pupils’ person or property.
(B) Causing a reasonable pupil to experience a substantially detrimental effect on his or her physical or mental health.
(C) Causing a reasonable pupil to experience substantial interference with his or her academic performance.
(D) Causing a reasonable pupil to experience substantial interference with his or her ability to participate in or benefit from the services, activities, or privileges provided by a school.
(2) (A) “Electronic act” means the creation or transmission originated on or off the schoolsite, by means of an electronic device, including, but not limited to, a telephone, wireless telephone, or other wireless communication device, computer, or pager, of a communication, including, but not limited to, any of the following:
(i) A message, text, sound, video, or image.
(ii) A post on a social network Internet Web site, including, but not limited to:
(I) Posting to or creating a burn page. “Burn page” means an Internet Web site created for the purpose of having one or more of the effects listed in paragraph (1).
(II) Creating a credible impersonation of another actual pupil for the purpose of having one or more of the effects listed in paragraph (1). “Credible impersonation” means to knowingly and without consent impersonate a pupil for the purpose of bullying the pupil and such that another pupil would reasonably believe, or has reasonably believed, that the pupil was or is the pupil who was impersonated.
(III) Creating a false profile for the purpose of having one or more of the effects listed in paragraph (1). “False profile” means a profile of a fictitious pupil or a profile using the likeness or attributes of an actual pupil other than the pupil who created the false profile.
(iii) An act of cyber sexual bullying.
(I) For purposes of this clause, “cyber sexual bullying” means the dissemination of, or the solicitation or incitement to disseminate, a photograph or other visual recording by a pupil to another pupil or to school personnel by means of an electronic act that has or can be reasonably predicted to have one or more of the effects described in subparagraphs (A) to (D), inclusive, of paragraph (1). A photograph or other visual recording, as described above, shall include the depiction of a nude, semi-nude, or sexually explicit photograph or other visual recording of a minor where the minor is identifiable from the photograph, visual recording, or other electronic act.
(II) For purposes of this clause, “cyber sexual bullying” does not include a depiction, portrayal, or image that has any serious literary, artistic, educational, political, or scientific value or that involves athletic events or school-sanctioned activities.
(B) Notwithstanding paragraph (1) and subparagraph (A), an electronic act shall not constitute pervasive conduct solely on the basis that it has been transmitted on the Internet or is currently posted on the Internet.
(3) “Reasonable pupil” means a pupil, including, but not limited to, an exceptional needs pupil, who exercises average care, skill, and judgment in conduct for a person of his or her age, or for a person of his or her age with his or her exceptional needs.
(s) A pupil shall not be suspended or expelled for any of the acts enumerated in this section unless the act is related to a school activity or school attendance occurring within a school under the jurisdiction of the superintendent of the school district or principal or occurring within any other school district. A pupil may be suspended or expelled for acts that are enumerated in this section and related to a school activity or school attendance that occur at any time, including, but not limited to, any of the following:
(1) While on school grounds.
(2) While going to or coming from school.
(3) During the lunch period whether on or off the campus.
(4) During, or while going to or coming from, a school-sponsored activity.
(t) A pupil who aids or abets, as defined in Section 31 of the Penal Code, the infliction or attempted infliction of physical injury to another person may be subject to suspension, but not expulsion, pursuant to this section, except that a pupil who has been adjudged by a juvenile court to have committed, as an aider and abettor, a crime of physical violence in which the victim suffered great bodily injury or serious bodily injury shall be subject to discipline pursuant to subdivision (a).
(u) As used in this section, “school property” includes, but is not limited to, electronic files and databases.
(v) For a pupil subject to discipline under this section, a superintendent of the school district or principal may use his or her discretion to provide alternatives to suspension or expulsion that are age appropriate and designed to address and correct the pupil’s specific misbehavior as specified in Section 48900.5.
(w) It is the intent of the Legislature that alternatives to suspension or expulsion be imposed against a pupil who is truant, tardy, or otherwise absent from school activities.
SEC. 2.
Section 1.5 of this bill incorporates amendments to Section 48900 of the Education Code proposed by both this bill and Assembly Bill 2536. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 48900 of the Education Code, and (3) this bill is enacted after Assembly Bill 2536, in which case Section 1 of this bill shall not become operative. | (1) Existing law prohibits the suspension, or recommendation for expulsion, of a pupil from school unless the superintendent of the school district or the principal of the school determines that the pupil has committed any of various specified acts, including, but not limited to, engaging in an act of bullying by means of an electronic act. Existing law defines “electronic act” as the creation or transmission originated on or off the schoolsite, by means of an electronic device, including, but not limited to, a telephone, wireless telephone, or other wireless communication device, computer, or pager, of a communication, including, but not limited to, a message, text, sound, or image, or a post on a social network Internet Web site.
This bill would expressly include a video within the definition of what constitutes an electronic act.
(2) This bill would incorporate additional changes to Section 48900 of the Education Code proposed by AB 2536 that would become operative if this bill and AB 2536 are both enacted and this bill is enacted last. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
Section 48900 of the Education Code is amended to read:
48900.
A pupil shall not be suspended from school or recommended for expulsion, unless the superintendent of the school district or the principal of the school in which the pupil is enrolled determines that the pupil has committed an act as defined pursuant to any of subdivisions (a) to (r), inclusive:
(a) (1) Caused, attempted to cause, or threatened to cause physical injury to another person.
(2) Willfully used force or violence upon the person of another, except in self-defense.
(b) Possessed, sold, or otherwise furnished a firearm, knife, explosive, or other dangerous object, unless, in the case of possession of an object of this type, the pupil had obtained written permission to possess the item from a certificated school employee, which is concurred in by the principal or the designee of the principal.
(c) Unlawfully possessed, used, sold, or otherwise furnished, or been under the influence of, a controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, an alcoholic beverage, or an intoxicant of any kind.
(d) Unlawfully offered, arranged, or negotiated to sell a controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, an alcoholic beverage, or an intoxicant of any kind, and either sold, delivered, or otherwise furnished to a person another liquid, substance, or material and represented the liquid, substance, or material as a controlled substance, alcoholic beverage, or intoxicant.
(e) Committed or attempted to commit robbery or extortion.
(f) Caused or attempted to cause damage to school property or private property.
(g) Stole or attempted to steal school property or private property.
(h) Possessed or used tobacco, or products containing tobacco or nicotine products, including, but not limited to, cigarettes, cigars, miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew packets, and betel. However, this section does not prohibit the use or possession by a pupil of his or her own prescription products.
(i) Committed an obscene act or engaged in habitual profanity or vulgarity.
(j) Unlawfully possessed or unlawfully offered, arranged, or negotiated to sell drug paraphernalia, as defined in Section 11014.5 of the Health and Safety Code.
(k) (1) Disrupted school activities or otherwise willfully defied the valid authority of supervisors, teachers, administrators, school officials, or other school personnel engaged in the performance of their duties.
(2) Except as provided in Section 48910, a pupil enrolled in kindergarten or any of grades 1 to 3, inclusive, shall not be suspended for any of the acts enumerated in this subdivision, and this subdivision shall not constitute grounds for a pupil enrolled in kindergarten or any of grades 1 to 12, inclusive, to be recommended for expulsion. This paragraph shall become inoperative on July 1, 2018, unless a later enacted statute that becomes operative before July 1, 2018, deletes or extends that date.
(l) Knowingly received stolen school property or private property.
(m) Possessed an imitation firearm. As used in this section, “imitation firearm” means a replica of a firearm that is so substantially similar in physical properties to an existing firearm as to lead a reasonable person to conclude that the replica is a firearm.
(n) Committed or attempted to commit a sexual assault as defined in Section 261, 266c, 286, 288, 288a, or 289 of the Penal Code or committed a sexual battery as defined in Section 243.4 of the Penal Code.
(o) Harassed, threatened, or intimidated a pupil who is a complaining witness or a witness in a school disciplinary proceeding for purposes of either preventing that pupil from being a witness or retaliating against that pupil for being a witness, or both.
(p) Unlawfully offered, arranged to sell, negotiated to sell, or sold the prescription drug Soma.
(q) Engaged in, or attempted to engage in, hazing. For purposes of this subdivision, “hazing” means a method of initiation or preinitiation into a pupil organization or body, whether or not the organization or body is officially recognized by an educational institution, that is likely to cause serious bodily injury or personal degradation or disgrace resulting in physical or mental harm to a former, current, or prospective pupil. For purposes of this subdivision, “hazing” does not include athletic events or school-sanctioned events.
(r) Engaged in an act of bullying. For purposes of this subdivision, the following terms have the following meanings:
(1) “Bullying” means any severe or pervasive physical or verbal act or conduct, including communications made in writing or by means of an electronic act, and including one or more acts committed by a pupil or group of pupils as defined in Section 48900.2, 48900.3, or 48900.4, directed toward one or more pupils that has or can be reasonably predicted to have the effect of one or more of the following:
(A) Placing a reasonable pupil or pupils in fear of harm to that pupil’s or those pupils’ person or property.
(B) Causing a reasonable pupil to experience a substantially detrimental effect on his or her physical or mental health.
(C) Causing a reasonable pupil to experience substantial interference with his or her academic performance.
(D) Causing a reasonable pupil to experience substantial interference with his or her ability to participate in or benefit from the services, activities, or privileges provided by a school.
(2) (A) “Electronic act” means the creation or transmission originated on or off the schoolsite, by means of an electronic device, including, but not limited to, a telephone, wireless telephone, or other wireless communication device, computer, or pager, of a communication, including, but not limited to, any of the following:
(i) A message, text, sound, video, or image.
(ii) A post on a social network Internet Web site, including, but not limited to:
(I) Posting to or creating a burn page. “Burn page” means an Internet Web site created for the purpose of having one or more of the effects listed in paragraph (1).
(II) Creating a credible impersonation of another actual pupil for the purpose of having one or more of the effects listed in paragraph (1). “Credible impersonation” means to knowingly and without consent impersonate a pupil for the purpose of bullying the pupil and such that another pupil would reasonably believe, or has reasonably believed, that the pupil was or is the pupil who was impersonated.
(III) Creating a false profile for the purpose of having one or more of the effects listed in paragraph (1). “False profile” means a profile of a fictitious pupil or a profile using the likeness or attributes of an actual pupil other than the pupil who created the false profile.
(B) Notwithstanding paragraph (1) and subparagraph (A), an electronic act shall not constitute pervasive conduct solely on the basis that it has been transmitted on the Internet or is currently posted on the Internet.
(3) “Reasonable pupil” means a pupil, including, but not limited to, an exceptional needs pupil, who exercises average care, skill, and judgment in conduct for a person of his or her age, or for a person of his or her age with his or her exceptional needs.
(s) A pupil shall not be suspended or expelled for any of the acts enumerated in this section unless the act is related to a school activity or school attendance occurring within a school under the jurisdiction of the superintendent of the school district or principal or occurring within any other school district. A pupil may be suspended or expelled for acts that are enumerated in this section and related to a school activity or school attendance that occur at any time, including, but not limited to, any of the following:
(1) While on school grounds.
(2) While going to or coming from school.
(3) During the lunch period whether on or off the campus.
(4) During, or while going to or coming from, a school-sponsored activity.
(t) A pupil who aids or abets, as defined in Section 31 of the Penal Code, the infliction or attempted infliction of physical injury to another person may be subject to suspension, but not expulsion, pursuant to this section, except that a pupil who has been adjudged by a juvenile court to have committed, as an aider and abettor, a crime of physical violence in which the victim suffered great bodily injury or serious bodily injury shall be subject to discipline pursuant to subdivision (a).
(u) As used in this section, “school property” includes, but is not limited to, electronic files and databases.
(v) For a pupil subject to discipline under this section, a superintendent of the school district or principal may use his or her discretion to provide alternatives to suspension or expulsion that are age appropriate and designed to address and correct the pupil’s specific misbehavior as specified in Section 48900.5.
(w) It is the intent of the Legislature that alternatives to suspension or expulsion be imposed against a pupil who is truant, tardy, or otherwise absent from school activities.
SEC. 1.5.
Section 48900 of the Education Code is amended to read:
48900.
A pupil shall not be suspended from school or recommended for expulsion, unless the superintendent of the school district or the principal of the school in which the pupil is enrolled determines that the pupil has committed an act as defined pursuant to any of subdivisions (a) to (r), inclusive:
(a) (1) Caused, attempted to cause, or threatened to cause physical injury to another person.
(2) Willfully used force or violence upon the person of another, except in self-defense.
(b) Possessed, sold, or otherwise furnished a firearm, knife, explosive, or other dangerous object, unless, in the case of possession of an object of this type, the pupil had obtained written permission to possess the item from a certificated school employee, which is concurred in by the principal or the designee of the principal.
(c) Unlawfully possessed, used, sold, or otherwise furnished, or been under the influence of, a controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, an alcoholic beverage, or an intoxicant of any kind.
(d) Unlawfully offered, arranged, or negotiated to sell a controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, an alcoholic beverage, or an intoxicant of any kind, and either sold, delivered, or otherwise furnished to a person another liquid, substance, or material and represented the liquid, substance, or material as a controlled substance, alcoholic beverage, or intoxicant.
(e) Committed or attempted to commit robbery or extortion.
(f) Caused or attempted to cause damage to school property or private property.
(g) Stole or attempted to steal school property or private property.
(h) Possessed or used tobacco, or products containing tobacco or nicotine products, including, but not limited to, cigarettes, cigars, miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew packets, and betel. However, this section does not prohibit the use or possession by a pupil of his or her own prescription products.
(i) Committed an obscene act or engaged in habitual profanity or vulgarity.
(j) Unlawfully possessed or unlawfully offered, arranged, or negotiated to sell drug paraphernalia, as defined in Section 11014.5 of the Health and Safety Code.
(k) (1) Disrupted school activities or otherwise willfully defied the valid authority of supervisors, teachers, administrators, school officials, or other school personnel engaged in the performance of their duties.
(2) Except as provided in Section 48910, a pupil enrolled in kindergarten or any of grades 1 to 3, inclusive, shall not be suspended for any of the acts enumerated in this subdivision, and this subdivision shall not constitute grounds for a pupil enrolled in kindergarten or any of grades 1 to 12, inclusive, to be recommended for expulsion. This paragraph shall become inoperative on July 1, 2018, unless a later enacted statute that becomes operative before July 1, 2018, deletes or extends that date.
(l) Knowingly received stolen school property or private property.
(m) Possessed an imitation firearm. As used in this section, “imitation firearm” means a replica of a firearm that is so substantially similar in physical properties to an existing firearm as to lead a reasonable person to conclude that the replica is a firearm.
(n) Committed or attempted to commit a sexual assault as defined in Section 261, 266c, 286, 288, 288a, or 289 of the Penal Code or committed a sexual battery as defined in Section 243.4 of the Penal Code.
(o) Harassed, threatened, or intimidated a pupil who is a complaining witness or a witness in a school disciplinary proceeding for purposes of either preventing that pupil from being a witness or retaliating against that pupil for being a witness, or both.
(p) Unlawfully offered, arranged to sell, negotiated to sell, or sold the prescription drug Soma.
(q) Engaged in, or attempted to engage in, hazing. For purposes of this subdivision, “hazing” means a method of initiation or preinitiation into a pupil organization or body, whether or not the organization or body is officially recognized by an educational institution, that is likely to cause serious bodily injury or personal degradation or disgrace resulting in physical or mental harm to a former, current, or prospective pupil. For purposes of this subdivision, “hazing” does not include athletic events or school-sanctioned events.
(r) Engaged in an act of bullying. For purposes of this subdivision, the following terms have the following meanings:
(1) “Bullying” means any severe or pervasive physical or verbal act or conduct, including communications made in writing or by means of an electronic act, and including one or more acts committed by a pupil or group of pupils as defined in Section 48900.2, 48900.3, or 48900.4, directed toward one or more pupils that has or can be reasonably predicted to have the effect of one or more of the following:
(A) Placing a reasonable pupil or pupils in fear of harm to that pupil’s or those pupils’ person or property.
(B) Causing a reasonable pupil to experience a substantially detrimental effect on his or her physical or mental health.
(C) Causing a reasonable pupil to experience substantial interference with his or her academic performance.
(D) Causing a reasonable pupil to experience substantial interference with his or her ability to participate in or benefit from the services, activities, or privileges provided by a school.
(2) (A) “Electronic act” means the creation or transmission originated on or off the schoolsite, by means of an electronic device, including, but not limited to, a telephone, wireless telephone, or other wireless communication device, computer, or pager, of a communication, including, but not limited to, any of the following:
(i) A message, text, sound, video, or image.
(ii) A post on a social network Internet Web site, including, but not limited to:
(I) Posting to or creating a burn page. “Burn page” means an Internet Web site created for the purpose of having one or more of the effects listed in paragraph (1).
(II) Creating a credible impersonation of another actual pupil for the purpose of having one or more of the effects listed in paragraph (1). “Credible impersonation” means to knowingly and without consent impersonate a pupil for the purpose of bullying the pupil and such that another pupil would reasonably believe, or has reasonably believed, that the pupil was or is the pupil who was impersonated.
(III) Creating a false profile for the purpose of having one or more of the effects listed in paragraph (1). “False profile” means a profile of a fictitious pupil or a profile using the likeness or attributes of an actual pupil other than the pupil who created the false profile.
(iii) An act of cyber sexual bullying.
(I) For purposes of this clause, “cyber sexual bullying” means the dissemination of, or the solicitation or incitement to disseminate, a photograph or other visual recording by a pupil to another pupil or to school personnel by means of an electronic act that has or can be reasonably predicted to have one or more of the effects described in subparagraphs (A) to (D), inclusive, of paragraph (1). A photograph or other visual recording, as described above, shall include the depiction of a nude, semi-nude, or sexually explicit photograph or other visual recording of a minor where the minor is identifiable from the photograph, visual recording, or other electronic act.
(II) For purposes of this clause, “cyber sexual bullying” does not include a depiction, portrayal, or image that has any serious literary, artistic, educational, political, or scientific value or that involves athletic events or school-sanctioned activities.
(B) Notwithstanding paragraph (1) and subparagraph (A), an electronic act shall not constitute pervasive conduct solely on the basis that it has been transmitted on the Internet or is currently posted on the Internet.
(3) “Reasonable pupil” means a pupil, including, but not limited to, an exceptional needs pupil, who exercises average care, skill, and judgment in conduct for a person of his or her age, or for a person of his or her age with his or her exceptional needs.
(s) A pupil shall not be suspended or expelled for any of the acts enumerated in this section unless the act is related to a school activity or school attendance occurring within a school under the jurisdiction of the superintendent of the school district or principal or occurring within any other school district. A pupil may be suspended or expelled for acts that are enumerated in this section and related to a school activity or school attendance that occur at any time, including, but not limited to, any of the following:
(1) While on school grounds.
(2) While going to or coming from school.
(3) During the lunch period whether on or off the campus.
(4) During, or while going to or coming from, a school-sponsored activity.
(t) A pupil who aids or abets, as defined in Section 31 of the Penal Code, the infliction or attempted infliction of physical injury to another person may be subject to suspension, but not expulsion, pursuant to this section, except that a pupil who has been adjudged by a juvenile court to have committed, as an aider and abettor, a crime of physical violence in which the victim suffered great bodily injury or serious bodily injury shall be subject to discipline pursuant to subdivision (a).
(u) As used in this section, “school property” includes, but is not limited to, electronic files and databases.
(v) For a pupil subject to discipline under this section, a superintendent of the school district or principal may use his or her discretion to provide alternatives to suspension or expulsion that are age appropriate and designed to address and correct the pupil’s specific misbehavior as specified in Section 48900.5.
(w) It is the intent of the Legislature that alternatives to suspension or expulsion be imposed against a pupil who is truant, tardy, or otherwise absent from school activities.
SEC. 2.
Section 1.5 of this bill incorporates amendments to Section 48900 of the Education Code proposed by both this bill and Assembly Bill 2536. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 48900 of the Education Code, and (3) this bill is enacted after Assembly Bill 2536, in which case Section 1 of this bill shall not become operative.
### Summary:
<bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos> |
The people of the State of California do enact as follows:
SECTION 1.
Section 66406.7 of the Education Code is amended to read:
66406.7.
(a) This section shall be known and may be cited as the College Textbook Transparency Act.
(b) As used in this section, the following terms have the following meanings:
(1) “Adopter” means any faculty member or academic department or other adopting entity at an institution of higher education responsible for considering and choosing course materials to be used in connection with the accredited courses taught at that institution.
(2) “Complimentary copies” or “review course materials” only includes books that in all appearances are the same as the regular student edition of the textbook, and contain no material other than that found in the regular student edition of the textbook.
(3) “Instructor copies” or “complimentary teacher editions” means books with information that is meant to be for the exclusive use of teachers and not for students. These books contain answers and solutions, test questions, and pedagogical techniques, and are often labeled instructor’s edition or instructor’s manuals.
(4) “New edition of textbook” means a subsequent version of an earlier standard textbook. A standard textbook is the primary, full, and unabridged edition of a textbook. An abridged, alternate format, or alternate version of a standard textbook shall not be considered a new edition.
(5) “Publisher” means any publishing house, publishing firm, or publishing company that publishes textbooks or other course materials, specifically designed for postsecondary instruction.
(6) “Textbook” means a book that contains printed material and is intended for use as a source of study material for a class or group of students, a copy of which is expected to be available for the use of each of the students in that class or group. “Textbook” does not include a novel.
(7) “Unsolicited complimentary copies” means all items described in paragraph (2) and that were not requested by faculty but are sent by the publisher unsolicited by a faculty or staff member.
(c) (1) Adopters are encouraged to consider cost in the adoption of textbooks.
(2) Publishers shall facilitate the work done by adopters by providing transparency in the adoption process and shall be responsive in a timely manner to requests for information on textbook cost and content, and the full range of options.
(d) (1) On or after January 1, 2010, the publisher of a textbook shall print on the outer cover of, or within, the standard textbook, both of the following items:
(A) For any new editions of textbooks initially published on or after January 1, 2010, a summary of the substantive content differences between the new edition and the prior edition.
(B) The copyright date of the previous edition of the textbook.
(2) For instructor copies or complimentary teacher editions, it shall be noted on the exterior of the book that the book is an instructor’s copy and is not for resale.
(e) (1) A publisher, or agent or employee of a publisher, of textbooks intended for use at a postsecondary educational institution shall respond to a request from an adopter for any of the following:
(A) A list of the products offered for sale by that publisher that are relevant to the needs and interests of adopters.
(B) The price at which the new book is available from the publisher.
(C) The copyright date of any prior edition of a textbook, if available.
(D) A list of the substantial content differences or changes made between the current edition initially published on or after January 1, 2010, and the previous edition of the textbook, including, but not necessarily limited to, new chapters, additional eras of time, new themes, or new subject matter.
(2) The information described in this subdivision shall be available in print or electronically to the adopter.
(f) Each campus bookstore at any public postsecondary educational institution shall post in its store or on its Internet Web site a disclosure of its retail pricing policy on new and used textbooks.
(g) Each public postsecondary educational institution shall encourage adopters with course material selection responsibilities to place their orders with sufficient lead time, whenever possible, to enable the university-managed bookstore or contract-managed bookstore to confirm the availability of the requested materials.
(h) This section does not limit the authority of faculty over decisions relating to the selection of textbooks.
(i) An adopter at an institution of higher education shall not demand or receive anything of value, including the donation of equipment or goods, any payment, loan, advance, or deposit of money, present or promised, for adopting specific course materials required for coursework or instruction, except that an employee may receive any of the following:
(1) Complimentary copies, review course materials, or instructor copies. The adopters shall not sell instructor copies.
(2) Royalties or other compensation from sales of course materials that include the instructor’s writing or other work. Receipt of these royalties or compensation is subject to the employer’s standing policies or collective bargaining agreements relating to employee conflicts of
interest.
interest and, with respect to faculty members of the California State University and the California Community Colleges, subject to the requirements of Section 66407.3.
(3) Honoraria for academic peer review of course materials. Receipt of honoraria is subject to the employer’s standing policies relating to employee conflicts of interest.
(4) Training in the use of course materials and course technologies. Payment for travel and lodging and or meals shall be subject to the employer’s standing polices relating to employee conflicts of interest and compensation.
(j) A publisher or campus bookstore shall not solicit faculty for the purpose of the sale of instructor copies or complimentary teachers editions of textbooks that have been provided by a publisher at no charge to a faculty member or other employee. This subdivision does not apply to unsolicited complimentary copies.
(k) A campus bookstore shall not engage in any trade of any course material marked, or otherwise identified, as instructor copies or complementary teachers editions of textbooks.
(l) Any self-published textbook by an instructor for use with that instructor’s class shall be exempt from this section, if the instructor discloses the publishing and use of those materials to his or her employer institution.
SECTION 1.
SEC. 2.
Section 66407.3 is added to the Education Code, to read:
66407.3.
(a) The Trustees of the California State University and the governing board of each community college district shall, and the Regents of the University of California are requested to, require its faculty members to annually disclose, on or before April 15, 2017, and on or before April 15 of each year thereafter, on a form and in a manner to be determined by the trustees, the governing board, or the regents, as appropriate, all of the income he or she received in the immediately preceding calendar year from a publisher, periodical, or provider of online content for royalties, advances, consulting services, or for any other purpose.
A faculty member to whom this section is applicable shall be required to file a form even if he or she has no disclosable income in the calendar year. A faculty member shall file the form required by this section under penalty of perjury.
(b) The trustees, community college district governing boards, and regents shall ensure that the information provided by the faculty members pursuant to subdivision (a) is available to the public on the Internet Web site of the institution at which the faculty members teach. The information provided by an individual faculty member pursuant to this section shall remain available on the Internet Web site for as long as that individual is employed as a teacher at that institution.
(c) The trustees, community college district governing board, and the regents, as appropriate, may require, with proper notice and an opportunity for a hearing, a faculty member who does not file the information required pursuant to this section in a timely manner to pay an administrative fine of up to
25 percent of the unreported income or five thousand dollars ($5,000), whichever is smaller.
fifty dollars ($50).
The proceeds of any administrative fines
collected
pursuant to this subdivision shall be collected by the trustees or by a community college district governing board, as appropriate, and shall be deposited in a fund for allocation pursuant to subdivision (d).
(d) (1) The trustees shall deposit the proceeds of administrative fines collected pursuant to subdivision (c) into the California State University Faculty Royalty Disclosure Fund, which is hereby established. Notwithstanding Section 13340 of the Government Code, the moneys in the California State University Faculty Royalty Disclosure Fund are continuously appropriated to the trustees for allocation for expenditure for general educational purposes at the campus at which the faculty member who was assessed the fine is employed.
(2) The governing board of a community college district is authorized to expend the proceeds of any administrative fines collected pursuant to subdivision (c) for general educational purposes at the campus at which the faculty member who was assessed the fine is employed.
(3) The regents are requested to allocate the proceeds of any administrative fines collected pursuant to subdivision (c) in a manner similar to that described in paragraph (1).
SEC. 2.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 3.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | (1) Existing law, known as the Donahoe Higher Education Act, sets forth the missions and functions of the segments of postsecondary education in this state. The California State University, under the administration of the Trustees of the California State University, the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, and the University of California, under the administration of the Regents of the University of California, constitute the 3 segments of public postsecondary education in this state. Provisions of the Donahoe Higher Education Act apply to the University of California only to the extent that the regents act, by appropriate resolution, to make those provisions applicable.
An existing chapter of the Donahoe Higher Education Act relates to the use of academic materials, and provides that a court of competent jurisdiction is authorized to grant relief that is necessary to enforce the provisions of this chapter, including through the issuance of an injunction.
This chapter also includes the College Textbook Transparency Act which, among other things, provides that certain faculty members, defined as adopters, are authorized to receive royalties or other compensation from sales of course materials that include the instructor’s writing or other work, subject to the employer’s standing policies or collective bargaining agreements relating to employee conflicts of interest.
This bill would add to this chapter a provision that requires the trustees and the governing board of each community college district, and requests the regents, to require their faculty members to annually disclose, on or before April 15, 2017, and on or before April 15 of each year thereafter, on a form and in a manner to be determined by the trustees, the governing board, or the regents, as appropriate, all of the income he or she received in the immediately preceding calendar year from a publisher, periodical, or provider of online content for royalties, advances, consulting services, or for any other purpose.
The bill would require faculty members to whom the bill is applicable to file a form even if they have no disclosable income in the calendar year. The bill would require that these forms be filed under penalty of perjury, thereby imposing a state-mandated local program by expanding the scope of the crime of perjury.
The bill would require that the information provided by the faculty members under this bill be available to the public on the Internet Web site of the institution at which the faculty members teach, as specified. The bill would authorize the trustees, community college governing boards, or regents to require a faculty member who does not file the information required under this bill in a timely manner to pay an administrative fine of up to
25% of the unreported income or $5,000, whichever is smaller,
$50,
as specified.
The bill would authorize the trustees and the community college district governing boards to expend the proceeds of these fines for general educational purposes at the campuses at which the faculty members who were assessed the fines were employed. With respect to the California State University, the bill would establish the California State University Faculty Royalty Disclosure Fund as a continuously appropriated fund for the deposit of fine proceeds and their allocation to the appropriate campuses. The bill would request the regents to allocate the proceeds of any administrative fines they collect pursuant to the bill in a manner similar to that described for the California State University.
To the extent that this provision would impose new duties on community college districts, this bill would constitute a state-mandated local program.
(2)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
Section 66406.7 of the Education Code is amended to read:
66406.7.
(a) This section shall be known and may be cited as the College Textbook Transparency Act.
(b) As used in this section, the following terms have the following meanings:
(1) “Adopter” means any faculty member or academic department or other adopting entity at an institution of higher education responsible for considering and choosing course materials to be used in connection with the accredited courses taught at that institution.
(2) “Complimentary copies” or “review course materials” only includes books that in all appearances are the same as the regular student edition of the textbook, and contain no material other than that found in the regular student edition of the textbook.
(3) “Instructor copies” or “complimentary teacher editions” means books with information that is meant to be for the exclusive use of teachers and not for students. These books contain answers and solutions, test questions, and pedagogical techniques, and are often labeled instructor’s edition or instructor’s manuals.
(4) “New edition of textbook” means a subsequent version of an earlier standard textbook. A standard textbook is the primary, full, and unabridged edition of a textbook. An abridged, alternate format, or alternate version of a standard textbook shall not be considered a new edition.
(5) “Publisher” means any publishing house, publishing firm, or publishing company that publishes textbooks or other course materials, specifically designed for postsecondary instruction.
(6) “Textbook” means a book that contains printed material and is intended for use as a source of study material for a class or group of students, a copy of which is expected to be available for the use of each of the students in that class or group. “Textbook” does not include a novel.
(7) “Unsolicited complimentary copies” means all items described in paragraph (2) and that were not requested by faculty but are sent by the publisher unsolicited by a faculty or staff member.
(c) (1) Adopters are encouraged to consider cost in the adoption of textbooks.
(2) Publishers shall facilitate the work done by adopters by providing transparency in the adoption process and shall be responsive in a timely manner to requests for information on textbook cost and content, and the full range of options.
(d) (1) On or after January 1, 2010, the publisher of a textbook shall print on the outer cover of, or within, the standard textbook, both of the following items:
(A) For any new editions of textbooks initially published on or after January 1, 2010, a summary of the substantive content differences between the new edition and the prior edition.
(B) The copyright date of the previous edition of the textbook.
(2) For instructor copies or complimentary teacher editions, it shall be noted on the exterior of the book that the book is an instructor’s copy and is not for resale.
(e) (1) A publisher, or agent or employee of a publisher, of textbooks intended for use at a postsecondary educational institution shall respond to a request from an adopter for any of the following:
(A) A list of the products offered for sale by that publisher that are relevant to the needs and interests of adopters.
(B) The price at which the new book is available from the publisher.
(C) The copyright date of any prior edition of a textbook, if available.
(D) A list of the substantial content differences or changes made between the current edition initially published on or after January 1, 2010, and the previous edition of the textbook, including, but not necessarily limited to, new chapters, additional eras of time, new themes, or new subject matter.
(2) The information described in this subdivision shall be available in print or electronically to the adopter.
(f) Each campus bookstore at any public postsecondary educational institution shall post in its store or on its Internet Web site a disclosure of its retail pricing policy on new and used textbooks.
(g) Each public postsecondary educational institution shall encourage adopters with course material selection responsibilities to place their orders with sufficient lead time, whenever possible, to enable the university-managed bookstore or contract-managed bookstore to confirm the availability of the requested materials.
(h) This section does not limit the authority of faculty over decisions relating to the selection of textbooks.
(i) An adopter at an institution of higher education shall not demand or receive anything of value, including the donation of equipment or goods, any payment, loan, advance, or deposit of money, present or promised, for adopting specific course materials required for coursework or instruction, except that an employee may receive any of the following:
(1) Complimentary copies, review course materials, or instructor copies. The adopters shall not sell instructor copies.
(2) Royalties or other compensation from sales of course materials that include the instructor’s writing or other work. Receipt of these royalties or compensation is subject to the employer’s standing policies or collective bargaining agreements relating to employee conflicts of
interest.
interest and, with respect to faculty members of the California State University and the California Community Colleges, subject to the requirements of Section 66407.3.
(3) Honoraria for academic peer review of course materials. Receipt of honoraria is subject to the employer’s standing policies relating to employee conflicts of interest.
(4) Training in the use of course materials and course technologies. Payment for travel and lodging and or meals shall be subject to the employer’s standing polices relating to employee conflicts of interest and compensation.
(j) A publisher or campus bookstore shall not solicit faculty for the purpose of the sale of instructor copies or complimentary teachers editions of textbooks that have been provided by a publisher at no charge to a faculty member or other employee. This subdivision does not apply to unsolicited complimentary copies.
(k) A campus bookstore shall not engage in any trade of any course material marked, or otherwise identified, as instructor copies or complementary teachers editions of textbooks.
(l) Any self-published textbook by an instructor for use with that instructor’s class shall be exempt from this section, if the instructor discloses the publishing and use of those materials to his or her employer institution.
SECTION 1.
SEC. 2.
Section 66407.3 is added to the Education Code, to read:
66407.3.
(a) The Trustees of the California State University and the governing board of each community college district shall, and the Regents of the University of California are requested to, require its faculty members to annually disclose, on or before April 15, 2017, and on or before April 15 of each year thereafter, on a form and in a manner to be determined by the trustees, the governing board, or the regents, as appropriate, all of the income he or she received in the immediately preceding calendar year from a publisher, periodical, or provider of online content for royalties, advances, consulting services, or for any other purpose.
A faculty member to whom this section is applicable shall be required to file a form even if he or she has no disclosable income in the calendar year. A faculty member shall file the form required by this section under penalty of perjury.
(b) The trustees, community college district governing boards, and regents shall ensure that the information provided by the faculty members pursuant to subdivision (a) is available to the public on the Internet Web site of the institution at which the faculty members teach. The information provided by an individual faculty member pursuant to this section shall remain available on the Internet Web site for as long as that individual is employed as a teacher at that institution.
(c) The trustees, community college district governing board, and the regents, as appropriate, may require, with proper notice and an opportunity for a hearing, a faculty member who does not file the information required pursuant to this section in a timely manner to pay an administrative fine of up to
25 percent of the unreported income or five thousand dollars ($5,000), whichever is smaller.
fifty dollars ($50).
The proceeds of any administrative fines
collected
pursuant to this subdivision shall be collected by the trustees or by a community college district governing board, as appropriate, and shall be deposited in a fund for allocation pursuant to subdivision (d).
(d) (1) The trustees shall deposit the proceeds of administrative fines collected pursuant to subdivision (c) into the California State University Faculty Royalty Disclosure Fund, which is hereby established. Notwithstanding Section 13340 of the Government Code, the moneys in the California State University Faculty Royalty Disclosure Fund are continuously appropriated to the trustees for allocation for expenditure for general educational purposes at the campus at which the faculty member who was assessed the fine is employed.
(2) The governing board of a community college district is authorized to expend the proceeds of any administrative fines collected pursuant to subdivision (c) for general educational purposes at the campus at which the faculty member who was assessed the fine is employed.
(3) The regents are requested to allocate the proceeds of any administrative fines collected pursuant to subdivision (c) in a manner similar to that described in paragraph (1).
SEC. 2.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 3.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
### Summary:
This bill amends the Education Code to require publishers to disclose the copyright date of the previous edition of a textbook and the substantive content differences between the new edition and the |
The people of the State of California do enact as follows:
SECTION 1.
Section 8880.5 of the Government Code is amended to read:
8880.5.
Allocations for education:
The California State Lottery Education Fund is created within the State Treasury, and is continuously appropriated for carrying out the purposes of this chapter. The Controller shall draw warrants on this fund and distribute them quarterly in the following manner, provided that the payments specified in subdivisions (a) to (g), inclusive, shall be equal per capita amounts.
(a) (1) Payments shall be made directly to public school districts, including county superintendents of schools, serving kindergarten and grades 1 to 12, inclusive, or any part thereof, on the basis of an equal amount for each unit of average daily attendance, as defined by law and adjusted pursuant to subdivision (l).
(2) For purposes of this paragraph, in each of the 2008–09, 2009–10, 2010–11, 2011–12, 2012–13, 2013–14, and 2014–15 fiscal years, the number of units of average daily attendance in each of those fiscal years for programs for public school districts, including county superintendents of schools, serving kindergarten and grades 1 to 12, inclusive, shall include the same amount of average daily attendance for classes for adults and regional occupational centers and programs used in the calculation made pursuant to this subdivision for the 2007–08 fiscal year.
(b) Payments shall also be made directly to public school districts serving community colleges, on the basis of an equal amount for each unit of average daily attendance, as defined by law.
(c) Payments shall also be made directly to the Board of Trustees of the California State University on the basis of an amount for each unit of equivalent full-time enrollment. Funds received by the trustees shall be deposited in and expended from the California State University Trust Fund or, at the discretion of the trustees, deposited in local trust accounts in accordance with subdivision (j) of Section 89721 of the Education Code.
(d) Payments shall also be made directly to the Regents of the University of California on the basis of an amount for each unit of equivalent full-time enrollment.
(e) Payments shall also be made directly to the Board of Directors of the Hastings College of the Law on the basis of an amount for each unit of equivalent full-time enrollment.
(f) Payments shall also be made directly to the Department of the Youth Authority for educational programs serving kindergarten and grades 1 to 12, inclusive, or any part thereof, on the basis of an equal amount for each unit of average daily attendance, as defined by law.
(g) Payments shall also be made directly to the two California Schools for the Deaf, the California School for the Blind, and the three Diagnostic Schools for Neurologically Handicapped Children, on the basis of an amount for each unit of equivalent full-time enrollment.
(h) Payments shall also be made directly to the State Department of Developmental Services and the State Department of State Hospitals for clients with developmental or mental disabilities who are enrolled in state hospital education programs, including developmental centers, on the basis of an equal amount for each unit of average daily attendance, as defined by law.
(i) No Budget Act or other statutory provision shall direct that payments for public education made pursuant to this chapter be used for purposes and programs, including workload adjustments and maintenance of the level of service, authorized by Chapters 498, 565, and 1302 of the Statutes of 1983, Chapter 97 or 258 of the Statutes of 1984, or Chapter 1 of the Statutes of the 1983–84 Second Extraordinary Session.
(j) School districts and other agencies receiving funds distributed pursuant to this chapter may at their option utilize funds allocated by this chapter to provide additional funds for those purposes and programs prescribed by subdivision (i) for the purpose of enrichment or expansion.
(k) As a condition of receiving any moneys pursuant to subdivision (a) or (b), each school district and county superintendent of schools shall establish a separate account for the receipt and expenditure of those moneys, which account shall be clearly identified as a lottery education account.
(l) Commencing with the 1998–99 fiscal year, and each year thereafter, for purposes of subdivision (a), average daily attendance shall be increased by the statewide average rate of excused absences for the 1996–97 fiscal year as determined pursuant to the provisions of Chapter 855 of the Statutes of 1997. The statewide average excused absence rate, and the corresponding adjustment factor required for the operation of this subdivision, shall be certified to the Controller by the Superintendent of Public Instruction.
(m) It is the intent of this chapter that all funds allocated from the California State Lottery Education Fund shall be used exclusively for the education of pupils and students and no funds shall be spent for acquisition of real property, construction of facilities, financing of research, or any other noninstructional purpose.
SEC. 2.
The Legislature finds and declares both of the following:
(a) This act furthers the purpose of the California State Lottery Act of 1984, enacted by Proposition 37 at the November 6, 1984, general election by eliminating inefficient administrative procedures that the Board of Trustees of the California State University and the Controller utilize on a quarterly basis.
(b) This act shall not be interpreted to expand the lawful uses of funds allocated from the California State Lottery Education Fund to the Board of Trustees of the California State University. | (1) The California State Lottery Act of 1984, enacted by initiative, authorizes a California State Lottery and provides for its operation and administration by the California State Lottery Commission and the Director of the California State Lottery, with certain limitations. The act establishes the California State Lottery Education Fund and provides for direct payments from the fund to various entities, including the Board of Trustees of the California State University. The act requires funds received by the trustees to be deposited in, and expended from, the California State University Lottery Education Fund or, at the discretion of the trustees, deposited in local trust accounts.
Existing law establishes the California State University Trust Fund and specifies its sources of revenue. Existing law provides that all money received by the fund shall augment the support appropriation to the California State University for the fiscal year to which the collections apply.
This bill would require the trustees to deposit funds received from the California State Lottery Education Fund in the California State University Trust Fund instead of the California State University Lottery Education Fund. The bill would continue to allow the trustees, in their discretion, to deposit the funds in local trust accounts.
(2) The California State Lottery Act of 1984, an initiative measure, specifies that none of its provisions may be changed except to further its purpose by a bill passed by a
2/3
vote of each house of the Legislature and signed by the Governor.
This bill would declare that its provisions further the purposes of the act, as specified, and that the act shall not be interpreted to expand the lawful uses of funds allocated from the California State Lottery Education Fund to the trustees. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
Section 8880.5 of the Government Code is amended to read:
8880.5.
Allocations for education:
The California State Lottery Education Fund is created within the State Treasury, and is continuously appropriated for carrying out the purposes of this chapter. The Controller shall draw warrants on this fund and distribute them quarterly in the following manner, provided that the payments specified in subdivisions (a) to (g), inclusive, shall be equal per capita amounts.
(a) (1) Payments shall be made directly to public school districts, including county superintendents of schools, serving kindergarten and grades 1 to 12, inclusive, or any part thereof, on the basis of an equal amount for each unit of average daily attendance, as defined by law and adjusted pursuant to subdivision (l).
(2) For purposes of this paragraph, in each of the 2008–09, 2009–10, 2010–11, 2011–12, 2012–13, 2013–14, and 2014–15 fiscal years, the number of units of average daily attendance in each of those fiscal years for programs for public school districts, including county superintendents of schools, serving kindergarten and grades 1 to 12, inclusive, shall include the same amount of average daily attendance for classes for adults and regional occupational centers and programs used in the calculation made pursuant to this subdivision for the 2007–08 fiscal year.
(b) Payments shall also be made directly to public school districts serving community colleges, on the basis of an equal amount for each unit of average daily attendance, as defined by law.
(c) Payments shall also be made directly to the Board of Trustees of the California State University on the basis of an amount for each unit of equivalent full-time enrollment. Funds received by the trustees shall be deposited in and expended from the California State University Trust Fund or, at the discretion of the trustees, deposited in local trust accounts in accordance with subdivision (j) of Section 89721 of the Education Code.
(d) Payments shall also be made directly to the Regents of the University of California on the basis of an amount for each unit of equivalent full-time enrollment.
(e) Payments shall also be made directly to the Board of Directors of the Hastings College of the Law on the basis of an amount for each unit of equivalent full-time enrollment.
(f) Payments shall also be made directly to the Department of the Youth Authority for educational programs serving kindergarten and grades 1 to 12, inclusive, or any part thereof, on the basis of an equal amount for each unit of average daily attendance, as defined by law.
(g) Payments shall also be made directly to the two California Schools for the Deaf, the California School for the Blind, and the three Diagnostic Schools for Neurologically Handicapped Children, on the basis of an amount for each unit of equivalent full-time enrollment.
(h) Payments shall also be made directly to the State Department of Developmental Services and the State Department of State Hospitals for clients with developmental or mental disabilities who are enrolled in state hospital education programs, including developmental centers, on the basis of an equal amount for each unit of average daily attendance, as defined by law.
(i) No Budget Act or other statutory provision shall direct that payments for public education made pursuant to this chapter be used for purposes and programs, including workload adjustments and maintenance of the level of service, authorized by Chapters 498, 565, and 1302 of the Statutes of 1983, Chapter 97 or 258 of the Statutes of 1984, or Chapter 1 of the Statutes of the 1983–84 Second Extraordinary Session.
(j) School districts and other agencies receiving funds distributed pursuant to this chapter may at their option utilize funds allocated by this chapter to provide additional funds for those purposes and programs prescribed by subdivision (i) for the purpose of enrichment or expansion.
(k) As a condition of receiving any moneys pursuant to subdivision (a) or (b), each school district and county superintendent of schools shall establish a separate account for the receipt and expenditure of those moneys, which account shall be clearly identified as a lottery education account.
(l) Commencing with the 1998–99 fiscal year, and each year thereafter, for purposes of subdivision (a), average daily attendance shall be increased by the statewide average rate of excused absences for the 1996–97 fiscal year as determined pursuant to the provisions of Chapter 855 of the Statutes of 1997. The statewide average excused absence rate, and the corresponding adjustment factor required for the operation of this subdivision, shall be certified to the Controller by the Superintendent of Public Instruction.
(m) It is the intent of this chapter that all funds allocated from the California State Lottery Education Fund shall be used exclusively for the education of pupils and students and no funds shall be spent for acquisition of real property, construction of facilities, financing of research, or any other noninstructional purpose.
SEC. 2.
The Legislature finds and declares both of the following:
(a) This act furthers the purpose of the California State Lottery Act of 1984, enacted by Proposition 37 at the November 6, 1984, general election by eliminating inefficient administrative procedures that the Board of Trustees of the California State University and the Controller utilize on a quarterly basis.
(b) This act shall not be interpreted to expand the lawful uses of funds allocated from the California State Lottery Education Fund to the Board of Trustees of the California State University.
### Summary:
This bill would amend Section 8880.5 of the Government Code to require the Controller to distribute quarterly payments from the California State Lottery Education Fund to |
The people of the State of California do enact as follows:
SECTION 1.
Section 19855 of the Business and Professions Code is amended to read:
19855.
Except as otherwise provided by statute or regulation, every person who, by statute or regulation, is required to hold a state license shall obtain the license prior to engaging in the activity or occupying the position with respect to which the license is required. Every person who, by order of the commission, is required to apply for a gambling license or a finding of suitability shall file the application within 60 calendar days after receipt of the order.
SEC. 2.
Section 19858 of the Business and Professions Code is amended to read:
19858.
(a) Except as provided in subdivisions (b) and (c), a person shall be deemed to be unsuitable to hold a state gambling license to own a gambling establishment if the person, or any partner, officer, director, or shareholder of the person, has any financial interest in any business or organization that is engaged in any form of gambling prohibited by Section 330 of the Penal Code, whether within or without this state.
(b) Subdivision (a) shall not apply to a publicly traded racing association, a qualified racing association, or any person who is licensed pursuant to subdivision (b) or (c) of Section 19852.
(c) Subdivision (a) shall not apply to a person who meets all of the following criteria:
(1) The person is licensed or had an application to be licensed on file with the commission on or before February 1, 2013.
(2) The person has a financial interest in a business or organization engaged in gambling prohibited by Section 330 of the Penal Code that was closed and was not engaged in prohibited gambling at the time the person was either licensed or had filed an application to be licensed with the commission.
(3) The person has a financial interest in a gambling establishment that is located on any portion of, or contiguous to, the grounds on which a racetrack is or had been previously located and horserace meetings were authorized to be conducted by the California Horse Racing Board on or before January 1, 2012.
(4) The grounds upon which the gambling establishment described in paragraph (3) is located are directly or indirectly owned by a racetrack limited partnership owner. For purposes of this paragraph, a “racetrack limited partnership owner” means a limited partnership, or a number of related limited partnerships, that is or are at least 80 percent capitalized by limited partners that are an “institutional investor” as defined in subdivision (w) of Section 19805, an “employee benefit plan” as defined in Section 1002(3) of Title 29 of the United States Code, or an investment company that manages a state university endowment.
(d) Within six years of the date the closed business or organization reopens or becomes engaged in any form of gambling prohibited by Section 330 of the Penal Code, a person described in subdivision (c) shall either divest that person’s interest in the business or organization, or divest that person’s interest in the gambling enterprise or gambling establishment for which the person is licensed or has applied to be licensed by the commission.
(e) A person described in subdivision (c) shall inform the commission within 30 days of the date on which a business or organization in which the person has a financial interest begins to engage in any form of gambling prohibited by Section 330 of the Penal Code.
(f) During the six-year divestment period described in subdivision (d), it is unlawful for any cross-promotion or marketing to occur between the business or organization that is engaged in any form of gambling prohibited by Section 330 of the Penal Code and the gambling enterprise or gambling establishment described in paragraph (3) of subdivision (c). For purposes of this subdivision, “cross-promotion or marketing” means the offering to any customers of the gambling enterprise or gambling establishment anything of value related to visiting or gambling at the business or organization engaged in any form of gambling prohibited by Section 330 of the Penal Code.
(g) During the six-year divestment period described in subdivision (d), any funds used in connection with the capital improvement of the gambling enterprise or gambling establishment described in paragraph (3) of subdivision (c) shall not be provided from the gaming revenues of either the business or organization engaged in gaming prohibited under Section 330 of the Penal Code.
(h) If, at the end of the six-year divestment period described in subdivision (d), any person described in subdivision (c) has not divested his or her interest in either the gambling enterprise or gambling establishment or the business or organization engaged in any form of gaming prohibited under Section 330 of the Penal Code, the prohibitions of Section 19858 as it read on January 1, 2013, apply.
SEC. 3.
(a) By July 1, 2018, the City of Inglewood shall prepare and submit a report to the Legislature and appropriate policy committees of the Legislature on the progress of the construction of the City of Champions Revitalization Project and the project’s impact on the divestment requirement described in subdivision (d) of Section 19858 of the Business and Professions Code.
(b) (1) A report submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
(2) Pursuant to Section 10231.5 of the Government Code, this section is repealed on July 1, 2022.
SEC. 4.
The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances surrounding the City of Inglewood with respect to the construction of the City of Champions Revitalization Project and the project’s impact on the divestment requirement described in the Gambling Control Act, which governs the statewide regulation and enforcement of certain legalized gambling activities in the State.
SEC. 5.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | Existing law, the Gambling Control Act, provides for the licensure and regulation of various legalized gambling activities and establishments by the California Gambling Control Commission and the investigation and enforcement of those activities and establishments by the Department of Justice. A willful violation of the act is a misdemeanor. Existing law requires every person who is required to hold a state license to obtain the license prior to engaging in the activity or occupying the position with respect to which the license is required, except as specified. Existing law also requires every person who, by order of the commission, is required to apply for a gambling license or a finding of suitability to file an application within 45 calendar days after receipt of the order.
This bill would instead require the application described above to be filed within 60 calendar days after receipt of an order of the commission.
Existing law makes it a misdemeanor for a person who deals, plays, or carries on, opens, or causes to be opened, or who conducts, either as owner or employer, whether for hire or not, any of a list of specified gambling games, or any banking or percentage game played with cards, dice, or any device, for money, checks, credit, or any representative of value.
Existing law generally requires a person to be deemed unsuitable to hold a state gambling license under the California Gambling Control Act to own a gambling establishment if the person, or any partner, officer, director, or shareholder of that person, has any financial interest in any business or organization that is engaged in any form of gambling prohibited under the provision described above, whether within or without this state. Existing law exempts from these provisions a person who meets specified criteria, including a person who is licensed or had an application to be licensed on file with the commission on or before February 1, 2013. Existing law requires a person exempt under this provision, within 3 years of the date the closed business or organization reopens or becomes engaged in any form of gambling prohibited under the provision described above, to either divest that person’s interest in the business or organization or divest that person’s interest in the gambling enterprise or gambling establishment for which the person is licensed or has applied to be licensed by the commission.
During this 3-year divestment period, existing law makes it unlawful for any cross-promotion or marketing, as defined, to occur between the business or organization that is engaged in any form of gambling prohibited under the provision described above, and a gambling enterprise or gambling establishment.
This bill would instead require an exempt person, within 6 years of the date the closed business or organization reopens or becomes engaged in any form of gambling prohibited under the provision described above, to either divest that person’s interest in the business or organization or divest that person’s interest in the gambling enterprise or gambling establishment for which the person is licensed or has applied to be licensed by the commission. The bill would also make conforming changes. By expanding the scope of an existing crime, the bill would impose a state-mandated local program.
The bill would require the City of Inglewood, by July 1, 2018, to prepare and submit a report to the Legislature and appropriate policy committees of the Legislature on the progress of the construction of the City of Champions Revitalization Project and its impact on the divestment requirement described above. By imposing a reporting requirement on the City of Inglewood, this bill would impose a state-mandated local program.
This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Inglewood.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
Section 19855 of the Business and Professions Code is amended to read:
19855.
Except as otherwise provided by statute or regulation, every person who, by statute or regulation, is required to hold a state license shall obtain the license prior to engaging in the activity or occupying the position with respect to which the license is required. Every person who, by order of the commission, is required to apply for a gambling license or a finding of suitability shall file the application within 60 calendar days after receipt of the order.
SEC. 2.
Section 19858 of the Business and Professions Code is amended to read:
19858.
(a) Except as provided in subdivisions (b) and (c), a person shall be deemed to be unsuitable to hold a state gambling license to own a gambling establishment if the person, or any partner, officer, director, or shareholder of the person, has any financial interest in any business or organization that is engaged in any form of gambling prohibited by Section 330 of the Penal Code, whether within or without this state.
(b) Subdivision (a) shall not apply to a publicly traded racing association, a qualified racing association, or any person who is licensed pursuant to subdivision (b) or (c) of Section 19852.
(c) Subdivision (a) shall not apply to a person who meets all of the following criteria:
(1) The person is licensed or had an application to be licensed on file with the commission on or before February 1, 2013.
(2) The person has a financial interest in a business or organization engaged in gambling prohibited by Section 330 of the Penal Code that was closed and was not engaged in prohibited gambling at the time the person was either licensed or had filed an application to be licensed with the commission.
(3) The person has a financial interest in a gambling establishment that is located on any portion of, or contiguous to, the grounds on which a racetrack is or had been previously located and horserace meetings were authorized to be conducted by the California Horse Racing Board on or before January 1, 2012.
(4) The grounds upon which the gambling establishment described in paragraph (3) is located are directly or indirectly owned by a racetrack limited partnership owner. For purposes of this paragraph, a “racetrack limited partnership owner” means a limited partnership, or a number of related limited partnerships, that is or are at least 80 percent capitalized by limited partners that are an “institutional investor” as defined in subdivision (w) of Section 19805, an “employee benefit plan” as defined in Section 1002(3) of Title 29 of the United States Code, or an investment company that manages a state university endowment.
(d) Within six years of the date the closed business or organization reopens or becomes engaged in any form of gambling prohibited by Section 330 of the Penal Code, a person described in subdivision (c) shall either divest that person’s interest in the business or organization, or divest that person’s interest in the gambling enterprise or gambling establishment for which the person is licensed or has applied to be licensed by the commission.
(e) A person described in subdivision (c) shall inform the commission within 30 days of the date on which a business or organization in which the person has a financial interest begins to engage in any form of gambling prohibited by Section 330 of the Penal Code.
(f) During the six-year divestment period described in subdivision (d), it is unlawful for any cross-promotion or marketing to occur between the business or organization that is engaged in any form of gambling prohibited by Section 330 of the Penal Code and the gambling enterprise or gambling establishment described in paragraph (3) of subdivision (c). For purposes of this subdivision, “cross-promotion or marketing” means the offering to any customers of the gambling enterprise or gambling establishment anything of value related to visiting or gambling at the business or organization engaged in any form of gambling prohibited by Section 330 of the Penal Code.
(g) During the six-year divestment period described in subdivision (d), any funds used in connection with the capital improvement of the gambling enterprise or gambling establishment described in paragraph (3) of subdivision (c) shall not be provided from the gaming revenues of either the business or organization engaged in gaming prohibited under Section 330 of the Penal Code.
(h) If, at the end of the six-year divestment period described in subdivision (d), any person described in subdivision (c) has not divested his or her interest in either the gambling enterprise or gambling establishment or the business or organization engaged in any form of gaming prohibited under Section 330 of the Penal Code, the prohibitions of Section 19858 as it read on January 1, 2013, apply.
SEC. 3.
(a) By July 1, 2018, the City of Inglewood shall prepare and submit a report to the Legislature and appropriate policy committees of the Legislature on the progress of the construction of the City of Champions Revitalization Project and the project’s impact on the divestment requirement described in subdivision (d) of Section 19858 of the Business and Professions Code.
(b) (1) A report submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
(2) Pursuant to Section 10231.5 of the Government Code, this section is repealed on July 1, 2022.
SEC. 4.
The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances surrounding the City of Inglewood with respect to the construction of the City of Champions Revitalization Project and the project’s impact on the divestment requirement described in the Gambling Control Act, which governs the statewide regulation and enforcement of certain legalized gambling activities in the State.
SEC. 5.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
### Summary:
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The people of the State of California do enact as follows:
SECTION 1.
Section 19605 of the Business and Professions Code is amended to read:
19605.
(a) Notwithstanding any other law, the board may authorize an association licensed to conduct a racing meeting in the northern zone to operate a satellite wagering facility for wagering on races conducted in the northern zone at its racetrack inclosure subject to all of the conditions specified in Section 19605.3, and may authorize an association licensed to conduct a racing meeting in the central or southern zone to operate a satellite wagering facility for wagering on races conducted in the central or southern zone at its racetrack inclosure subject to the conditions specified in subdivisions (a) to (e), inclusive, of Section 19605.3 and the conditions and limitations set forth in Section 19605.6.
(b) Notwithstanding any other law, no satellite wagering facility, except a facility that is located at a track where live racing is conducted, shall be located within 20 miles of any existing satellite wagering facility or of any track where a racing association conducts a live racing meeting. However, in the northern zone, a racing association or any existing satellite wagering facility may waive the prohibition contained in this subdivision and may consent to the location of another satellite wagering facility within 20 miles of the facility or track.
(c) Notwithstanding subdivision (b), the Department of Food and Agriculture may approve not more than three satellite wagering facilities that are licensed jointly to the 1a District Agricultural Association and the 5th District Agricultural Association and that are located on the fairgrounds of the 1a District Agricultural Association or within the boundaries of the City and County of San Francisco. Before a satellite wagering facility may be licensed for the 1997 and subsequent calendar years under this subdivision, the department shall conduct a one-year test at the proposed site in order to determine the impact of the proposed facility on total state parimutuel revenues and on attendance and wagering at existing racetracks and fair satellite wagering facilities in the Counties of Alameda, San Mateo, Santa Clara, and Solano. Notwithstanding Section 19605.1, a satellite wagering facility may be located on property leased to one or both fairs. Notwithstanding any other law, the fairs may contract for the operation and management of a satellite wagering facility with an individual racing association or a partnership, joint venture, or other affiliation of two or more racing associations or fairs that are licensed to conduct thoroughbred meetings within the northern zone.
(d) Subdivision (b) shall not be construed to prohibit the location of satellite wagering facilities within 20 miles of any existing or proposed satellite facility established pursuant to subdivision (c).
SEC.
2
.
Section 19620.2 of the Business and Professions Code is amended to read:
19620.2.
(a)
Any
Notwithstanding any other law, any
unallocated balance from
Section 19620.1
Sections 19606.1 and 19620.1, revenue deposited into the Fair and Exposition Fund pursuant to Section 19614, and funding appropriated by the Legislature or otherwise designated for California fairs pursuant to this chapter or any other law
is hereby appropriated without regard to fiscal years for allocation by the Secretary of Food and Agriculture for capital outlay to California fairs for fair projects involving public health and safety, for fair projects involving major and deferred maintenance, for fair projects necessary due to any emergency, for projects that are required by physical changes to the fair site, for projects that are required to protect the fair property or installation, such as fencing and flood protection, and for the acquisition or improvement of any property or facility that will serve to enhance the operation of the fair.
(b) A portion of the funds subject to allocation pursuant to subdivision (a) may be allocated to California fairs for general operational support. It is the intent of the Legislature that these moneys be used primarily for those fairs whose sources of revenue may be limited for purposes specified in this section.
SEC.
3
.
Section 3200 of the Food and Agricultural Code is amended to read:
3200.
Notwithstanding any other
provision of
law, all funds appropriated
or designated
for California fairs and expositions pursuant to
Sections 19622, 19627, 19627.1, and subdivision (c) of Section 19627.2 of the Business and Professions Code for the 1995–96 fiscal year shall not be utilized for the purposes specified in those sections but shall, instead, be utilized for the purposes specified in Section 19630 of the Business and Professions Code, and may be allocated by the Secretary of Food and Agriculture to all state designated fairs as defined by Section 19418 of the Business and Professions Code, for the purposes specified in Section 19630.
this chapter or any other law shall be deposited in the Fair and Exposition Fund and be continuously appropriated as specified in Sections 19606.1 and 19620.2 of the Business and Professions Code. | The
(1) The
Horse Racing Law permits the California Horse Racing Board to authorize an association licensed to conduct a racing meeting to also operate a satellite wagering facility at its racetrack inclosure, under specified conditions that differ between the northern zone and the central and southern zones, and provides specific guidelines for the operation and location of these facilities. That law also authorizes fairs to contract for the operation and management of a satellite wagering facility with an individual racing association or a partnership, joint venture, or other affiliation of 2 or more racing associations that are licensed to conduct thoroughbred meetings within the northern zone.
This bill would authorize a fair to contract with 2 or more fairs that are licensed to conduct thoroughbred meetings within the northern zone for the operation and management of a satellite wagering facility.
(2) The Horse Racing Law provides that any unallocated balance from the total revenue received by the Department of Food and Agriculture pursuant to that law, except as specified, is hereby appropriated without regard to fiscal years for allocation by the Secretary of Food and Agriculture for capital outlay to California fairs for, among other things, fair projects involving public health and safety and projects that are required to protect fair property. That law also provides that a portion of these funds may be allocated to California fairs for general support.
This bill would revise these provisions to include revenue deposited into the Fair and Exposition Fund pursuant to a specified provision and funding appropriated by the Legislature or otherwise designated for California fairs pursuant to the Horse Racing Law or any other law that is to be appropriated without regard to fiscal years for allocation by the secretary for those capital outlay purposes.
(3) Existing law provides that all funds appropriated for California fairs and expositions pursuant to specified provisions of law shall not be utilized for the purposes specified in those provisions but shall instead be utilized for the construction or operation of recreational and cultural facilities of general public interest and may be allocated by the Secretary of Food and Agriculture to all state designated fairs for those purposes.
This bill would delete these provisions and instead require that all funds appropriated or designated for California fairs and expositions pursuant to specified law or any other law be deposited in the Fair and Exposition Fund and be continuously appropriated as provided in specified provisions of the Horse Racing Law.
(4) By increasing the amounts to be deposited in the Fair and Exposition Fund, which is continuously appropriated, and by appropriating these amounts for new purposes, the bill would make an appropriation. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
Section 19605 of the Business and Professions Code is amended to read:
19605.
(a) Notwithstanding any other law, the board may authorize an association licensed to conduct a racing meeting in the northern zone to operate a satellite wagering facility for wagering on races conducted in the northern zone at its racetrack inclosure subject to all of the conditions specified in Section 19605.3, and may authorize an association licensed to conduct a racing meeting in the central or southern zone to operate a satellite wagering facility for wagering on races conducted in the central or southern zone at its racetrack inclosure subject to the conditions specified in subdivisions (a) to (e), inclusive, of Section 19605.3 and the conditions and limitations set forth in Section 19605.6.
(b) Notwithstanding any other law, no satellite wagering facility, except a facility that is located at a track where live racing is conducted, shall be located within 20 miles of any existing satellite wagering facility or of any track where a racing association conducts a live racing meeting. However, in the northern zone, a racing association or any existing satellite wagering facility may waive the prohibition contained in this subdivision and may consent to the location of another satellite wagering facility within 20 miles of the facility or track.
(c) Notwithstanding subdivision (b), the Department of Food and Agriculture may approve not more than three satellite wagering facilities that are licensed jointly to the 1a District Agricultural Association and the 5th District Agricultural Association and that are located on the fairgrounds of the 1a District Agricultural Association or within the boundaries of the City and County of San Francisco. Before a satellite wagering facility may be licensed for the 1997 and subsequent calendar years under this subdivision, the department shall conduct a one-year test at the proposed site in order to determine the impact of the proposed facility on total state parimutuel revenues and on attendance and wagering at existing racetracks and fair satellite wagering facilities in the Counties of Alameda, San Mateo, Santa Clara, and Solano. Notwithstanding Section 19605.1, a satellite wagering facility may be located on property leased to one or both fairs. Notwithstanding any other law, the fairs may contract for the operation and management of a satellite wagering facility with an individual racing association or a partnership, joint venture, or other affiliation of two or more racing associations or fairs that are licensed to conduct thoroughbred meetings within the northern zone.
(d) Subdivision (b) shall not be construed to prohibit the location of satellite wagering facilities within 20 miles of any existing or proposed satellite facility established pursuant to subdivision (c).
SEC.
2
.
Section 19620.2 of the Business and Professions Code is amended to read:
19620.2.
(a)
Any
Notwithstanding any other law, any
unallocated balance from
Section 19620.1
Sections 19606.1 and 19620.1, revenue deposited into the Fair and Exposition Fund pursuant to Section 19614, and funding appropriated by the Legislature or otherwise designated for California fairs pursuant to this chapter or any other law
is hereby appropriated without regard to fiscal years for allocation by the Secretary of Food and Agriculture for capital outlay to California fairs for fair projects involving public health and safety, for fair projects involving major and deferred maintenance, for fair projects necessary due to any emergency, for projects that are required by physical changes to the fair site, for projects that are required to protect the fair property or installation, such as fencing and flood protection, and for the acquisition or improvement of any property or facility that will serve to enhance the operation of the fair.
(b) A portion of the funds subject to allocation pursuant to subdivision (a) may be allocated to California fairs for general operational support. It is the intent of the Legislature that these moneys be used primarily for those fairs whose sources of revenue may be limited for purposes specified in this section.
SEC.
3
.
Section 3200 of the Food and Agricultural Code is amended to read:
3200.
Notwithstanding any other
provision of
law, all funds appropriated
or designated
for California fairs and expositions pursuant to
Sections 19622, 19627, 19627.1, and subdivision (c) of Section 19627.2 of the Business and Professions Code for the 1995–96 fiscal year shall not be utilized for the purposes specified in those sections but shall, instead, be utilized for the purposes specified in Section 19630 of the Business and Professions Code, and may be allocated by the Secretary of Food and Agriculture to all state designated fairs as defined by Section 19418 of the Business and Professions Code, for the purposes specified in Section 19630.
this chapter or any other law shall be deposited in the Fair and Exposition Fund and be continuously appropriated as specified in Sections 19606.1 and 19620.2 of the Business and Professions Code.
### Summary:
This bill would amend Sections 19605 and 19620.2 of the Business and Professions Code to authorize the Department of Food |
The people of the State of California do enact as follows:
SECTION 1.
(a) The Legislature finds and declares all of the following:
(1) There is statewide interest in preventing homes, neighborhoods, commercial properties, and public ways from deteriorating and falling into disrepair creating blight conditions.
(2) Blight adversely impacts community quality-of-life issues, creates hazards and unsafe conditions that endanger the public, causes citizen dissatisfaction, and leads to dangerous buildings, increased crime, and reduced property values.
(3) Setting the standards, minimum requirements, and ongoing educational requirements for local code enforcement officers who elect to attain the Certified Code Enforcement Officer title helps local agencies identify, select, and train qualified public officers to enforce laws and codes necessary to help preserve safe, well-ordered communities.
(4) Public officers who perform code enforcement functions require a unique skill set that is not available through traditional vocational offerings.
(b) It is the intent of the Legislature in enacting this measure to protect human safety, preserve property values, reduce crime, and abate public nuisances by helping to regulate the standard of training and certification for local code enforcement officers that public agencies may rely on. The municipal code enforcement function is sufficiently important to justify having a standard by public authority, with the title Certified Code Enforcement Officer having a legally defined meaning.
(c) It is the intent of the Legislature that compliance with this measure be voluntary and not to mandate local agencies or employers to require their code enforcement officers to become certified. The voluntary program created pursuant to this measure will ensure that individuals who are Certified Code Enforcement Officers have met prescribed education, training, and experience requirements and have passed a comprehensive examination reflective of the demands encountered in the code enforcement profession.
(d) It is the intent of the Legislature to recognize the California Association of Code Enforcement Officers professional development and credentialing program by establishing a Certified Code Enforcement Officer title to help local agencies define, standardize, and regulate this important function.
SEC. 2.
Chapter 20 (commencing with Section 26205) is added to Division 20 of the Health and Safety Code, to read:
CHAPTER 20. Certified Code Enforcement Officers
26205.
This chapter shall be known, and may be cited, as the Code Enforcement Officer Standards Act.
26206.
For purposes of this chapter, the following terms have the following meanings:
(a) “Board” means the duly elected Board of Directors of the California Association of Code Enforcement Officers.
(b) “CACEO” means the California Association of Code Enforcement Officers, a public benefit corporation domiciled in California.
(c) “Certified Code Enforcement Officer” or “CCEO” means a person registered or certified as described in this chapter.
(d) “Code enforcement officer” has the same meaning as defined in Section 829.5 of the Penal Code.
26207.
(a) The board shall develop and maintain standards for the various classes of CCEOs that it designates. The standards for education, training, and certification shall be adopted by administrative rule of the board, and they shall be no less than as described in this chapter. CCEOs shall not have the power of arrest except as authorized by the city, county, or city and county charter, code, or regulation in which they operate. CCEOs shall not have access to summary criminal history information pursuant to this section, but persons regularly employed by a city, county, or city and county designated pursuant to this subdivision may be furnished state summary criminal history information upon a showing of compelling need pursuant to subdivision (c) of Section 11105 of the Penal Code if the criteria specified in that section is otherwise met. A person may not be designated or certified as a CCEO under this section if that person is disqualified pursuant to the criteria set forth in Section 1029 of the Government Code.
(b) The board shall review all applications from cities, counties, cities and counties, and accredited educational institutions who seek to develop and provide education designed to qualify their students, participants, or employees as CCEOs. All applications that are submitted on approved forms that, subject to the board’s review and approval, demonstrate the equivalency of the standards adopted under the rules of the board shall qualify as Certified Code Enforcement Officer Education Program Providers (program providers). All program providers are subject to ongoing program review and evaluation under the board’s administrative rules. A program provider shall renew its program provider application and obtain approval under the board’s administrative rules no later than 36 months from the date of the last approval or else it shall lapse and be subject to renewal under the board’s administrative rules. All students, participants, or employees who successfully pass the minimum education and certification requirements of the program providers approved curriculum shall, subject to the same fees as other registered CCEOs under the board’s administrative rules, be granted status as CCEOs in an equivalent manner as applicants who attained certification or registration status through the CACEO educational and certification programs and academies.
(c) The development and perpetual advancement of code enforcement officer professional standards and actively providing related educational offerings that lead to increased professional competence and ethical behavior shall be the highest priority for the board in its licensing, certification, and disciplinary functions. Whenever the advancement of code enforcement officer professional standards and the provision of related educational offerings is inconsistent with other interests sought to be promoted, the former shall be paramount.
26208.
The board’s administrative rules shall designate minimum training, qualifications, and experience requirements for applicants to qualify for the CCEO designation, including, but not limited to, training and competency requirements in the areas of land use and zoning laws, health and safety codes, substandard housing abatement, environmental regulations, sign standards, public nuisance laws, applicable constitutional law, investigation and enforcement techniques, application of remedies, officer safety, and community engagement. The board may, by administrative rule, designate additional classes of certifications to help meet its mission.
26209.
The board shall conspicuously and continually publish its list of CCEOs on the CACEO Internet Web site, containing the registrant’s full name, summary status as to individual disciplinary concerns, active or inactive status, date of active CCEO expiration, and business address, unless the business address is a residence, which shall be treated as confidential.
26210.
A CCEO shall hold a valid certificate designating the person as a CCEO issued by the CACEO, shall at all times remain a member in good standing of the CACEO, and shall be subject to ongoing continuing education and registration requirements as designated by the board’s administrative rules.
26211.
Failure to maintain the continuing education requirements shall cause the certification status to lapse, subject to redemption as specified by the board’s administrative rules. Once a certification lapses, the certification status shall automatically convert to inactive CCEO status unless it is redeemed. The rights, privileges, and procedures or limitations on redemption of inactive CCEOs shall be specified in the board’s administrative rules.
26212.
The board shall annually set fees in amounts that are reasonably related and necessary to cover the cost of administering this chapter. The fees shall be set by the board and published on the CACEO Internet Web site and maintained at the CACEO’s headquarters.
26213.
The board shall maintain a register of each application for a certificate of registration under this chapter. The register shall include all of the following:
(a) The name, residence, date of birth, and driver’s license number (including state or country of origin) of the applicant.
(b) The name and address of the employer or business of the applicant.
(c) The date of the application.
(d) The education and experience qualifications of the applicant.
(e) The action taken by the board regarding the application and the date of the action.
(f) The serial number of any certificate of registration issued to an applicant.
(g) Any other information required by board rule.
26214.
A person may not hold himself or herself out to be a Certified Code Enforcement Officer in this state or use the title “Certified Code Enforcement Officer” in this state unless the person holds a certificate of registration pursuant to this chapter.
26215.
The board shall, by administrative rule, create a process to timely consider and review all applicants who hold certification from any other agency, and allow them to seek review and potential approval of the qualifications to potentially be recognized as a CCEO in this state. A denial of full recognition as a CCEO shall be accompanied by written justification and a list of required steps that may be required for the individual applicant to complete the registration and certification process. Recognition fees shall be set as described in Section 26212.
26216.
(a) The board shall adopt administrative rules to process information, investigate allegations or suspicions of applicants or licensees providing false information, failing to disclose material information on the registration application, or not providing any information that may, either before or during the certification process, disqualify the applicant or certificant under subdivision (a) of Section 26207. The board shall adopt procedures and guidelines to impose any discipline, revocation of certification, or sanction, for cause, against any applicant, registrant, or certificant.
(b) The administrative rules shall provide the applicant or registrant with adequate and fair notice and hearing opportunities prior to the board taking any adverse action against the applicant or certificant.
(c) Any factual finding after a hearing that the board concludes is cause for revocation, suspension, or other disciplinary or administrative action against a registration or certification shall result in an order after hearing that meets the fair notification requirements of this section.
(d) All orders after hearing shall be deemed final under the board’s authority and procedures and may be appealed as provided for in Sections 1094.5 and 1094.6 of the Code of Civil Procedure.
26217.
This chapter shall not be construed to duplicate, overlap, or otherwise conflict with the certification and continuing education requirements for construction inspectors, plans examiners, and building officials established pursuant to Chapter 7 (commencing with Section 18949.25) of Part 2.5 of Division 13. | Existing law defines the term “code enforcement officer” as a person who is not a peace officer, who has enforcement authority for health, safety, and welfare requirements, and who is authorized to issue citations or file formal complaints, as specified.
This bill would require the Board of Directors of the California Association of Code Enforcement Officers (CACEO) to develop and maintain standards for the designation of Certified Code Enforcement Officers or CCEOs. The bill would require the board to designate minimum training, qualifications, and experience requirements for applicants to qualify for the CCEO designation. The bill would also require the board to qualify cities, counties, cities and counties, and accredited educational institutions as Certified Code Enforcement Officer Education Program Providers, and would require all students, participants, or employees who successfully pass the minimum education and certification requirements to be granted CCEO status in an equivalent manner as applicants who attain certification through the CACEO.
The bill would require the board to set annual fees in amounts that are reasonably related and necessary to cover the costs of administering these provisions, to maintain a register of applications for certification, and adopt procedures for discipline, revocation, and sanctions against applicants, registrants, and certificants. The bill would allow all orders of the board resulting in revocation, suspension, or other action to be appealed by a writ of mandate or petition for judicial review to the superior court. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
(a) The Legislature finds and declares all of the following:
(1) There is statewide interest in preventing homes, neighborhoods, commercial properties, and public ways from deteriorating and falling into disrepair creating blight conditions.
(2) Blight adversely impacts community quality-of-life issues, creates hazards and unsafe conditions that endanger the public, causes citizen dissatisfaction, and leads to dangerous buildings, increased crime, and reduced property values.
(3) Setting the standards, minimum requirements, and ongoing educational requirements for local code enforcement officers who elect to attain the Certified Code Enforcement Officer title helps local agencies identify, select, and train qualified public officers to enforce laws and codes necessary to help preserve safe, well-ordered communities.
(4) Public officers who perform code enforcement functions require a unique skill set that is not available through traditional vocational offerings.
(b) It is the intent of the Legislature in enacting this measure to protect human safety, preserve property values, reduce crime, and abate public nuisances by helping to regulate the standard of training and certification for local code enforcement officers that public agencies may rely on. The municipal code enforcement function is sufficiently important to justify having a standard by public authority, with the title Certified Code Enforcement Officer having a legally defined meaning.
(c) It is the intent of the Legislature that compliance with this measure be voluntary and not to mandate local agencies or employers to require their code enforcement officers to become certified. The voluntary program created pursuant to this measure will ensure that individuals who are Certified Code Enforcement Officers have met prescribed education, training, and experience requirements and have passed a comprehensive examination reflective of the demands encountered in the code enforcement profession.
(d) It is the intent of the Legislature to recognize the California Association of Code Enforcement Officers professional development and credentialing program by establishing a Certified Code Enforcement Officer title to help local agencies define, standardize, and regulate this important function.
SEC. 2.
Chapter 20 (commencing with Section 26205) is added to Division 20 of the Health and Safety Code, to read:
CHAPTER 20. Certified Code Enforcement Officers
26205.
This chapter shall be known, and may be cited, as the Code Enforcement Officer Standards Act.
26206.
For purposes of this chapter, the following terms have the following meanings:
(a) “Board” means the duly elected Board of Directors of the California Association of Code Enforcement Officers.
(b) “CACEO” means the California Association of Code Enforcement Officers, a public benefit corporation domiciled in California.
(c) “Certified Code Enforcement Officer” or “CCEO” means a person registered or certified as described in this chapter.
(d) “Code enforcement officer” has the same meaning as defined in Section 829.5 of the Penal Code.
26207.
(a) The board shall develop and maintain standards for the various classes of CCEOs that it designates. The standards for education, training, and certification shall be adopted by administrative rule of the board, and they shall be no less than as described in this chapter. CCEOs shall not have the power of arrest except as authorized by the city, county, or city and county charter, code, or regulation in which they operate. CCEOs shall not have access to summary criminal history information pursuant to this section, but persons regularly employed by a city, county, or city and county designated pursuant to this subdivision may be furnished state summary criminal history information upon a showing of compelling need pursuant to subdivision (c) of Section 11105 of the Penal Code if the criteria specified in that section is otherwise met. A person may not be designated or certified as a CCEO under this section if that person is disqualified pursuant to the criteria set forth in Section 1029 of the Government Code.
(b) The board shall review all applications from cities, counties, cities and counties, and accredited educational institutions who seek to develop and provide education designed to qualify their students, participants, or employees as CCEOs. All applications that are submitted on approved forms that, subject to the board’s review and approval, demonstrate the equivalency of the standards adopted under the rules of the board shall qualify as Certified Code Enforcement Officer Education Program Providers (program providers). All program providers are subject to ongoing program review and evaluation under the board’s administrative rules. A program provider shall renew its program provider application and obtain approval under the board’s administrative rules no later than 36 months from the date of the last approval or else it shall lapse and be subject to renewal under the board’s administrative rules. All students, participants, or employees who successfully pass the minimum education and certification requirements of the program providers approved curriculum shall, subject to the same fees as other registered CCEOs under the board’s administrative rules, be granted status as CCEOs in an equivalent manner as applicants who attained certification or registration status through the CACEO educational and certification programs and academies.
(c) The development and perpetual advancement of code enforcement officer professional standards and actively providing related educational offerings that lead to increased professional competence and ethical behavior shall be the highest priority for the board in its licensing, certification, and disciplinary functions. Whenever the advancement of code enforcement officer professional standards and the provision of related educational offerings is inconsistent with other interests sought to be promoted, the former shall be paramount.
26208.
The board’s administrative rules shall designate minimum training, qualifications, and experience requirements for applicants to qualify for the CCEO designation, including, but not limited to, training and competency requirements in the areas of land use and zoning laws, health and safety codes, substandard housing abatement, environmental regulations, sign standards, public nuisance laws, applicable constitutional law, investigation and enforcement techniques, application of remedies, officer safety, and community engagement. The board may, by administrative rule, designate additional classes of certifications to help meet its mission.
26209.
The board shall conspicuously and continually publish its list of CCEOs on the CACEO Internet Web site, containing the registrant’s full name, summary status as to individual disciplinary concerns, active or inactive status, date of active CCEO expiration, and business address, unless the business address is a residence, which shall be treated as confidential.
26210.
A CCEO shall hold a valid certificate designating the person as a CCEO issued by the CACEO, shall at all times remain a member in good standing of the CACEO, and shall be subject to ongoing continuing education and registration requirements as designated by the board’s administrative rules.
26211.
Failure to maintain the continuing education requirements shall cause the certification status to lapse, subject to redemption as specified by the board’s administrative rules. Once a certification lapses, the certification status shall automatically convert to inactive CCEO status unless it is redeemed. The rights, privileges, and procedures or limitations on redemption of inactive CCEOs shall be specified in the board’s administrative rules.
26212.
The board shall annually set fees in amounts that are reasonably related and necessary to cover the cost of administering this chapter. The fees shall be set by the board and published on the CACEO Internet Web site and maintained at the CACEO’s headquarters.
26213.
The board shall maintain a register of each application for a certificate of registration under this chapter. The register shall include all of the following:
(a) The name, residence, date of birth, and driver’s license number (including state or country of origin) of the applicant.
(b) The name and address of the employer or business of the applicant.
(c) The date of the application.
(d) The education and experience qualifications of the applicant.
(e) The action taken by the board regarding the application and the date of the action.
(f) The serial number of any certificate of registration issued to an applicant.
(g) Any other information required by board rule.
26214.
A person may not hold himself or herself out to be a Certified Code Enforcement Officer in this state or use the title “Certified Code Enforcement Officer” in this state unless the person holds a certificate of registration pursuant to this chapter.
26215.
The board shall, by administrative rule, create a process to timely consider and review all applicants who hold certification from any other agency, and allow them to seek review and potential approval of the qualifications to potentially be recognized as a CCEO in this state. A denial of full recognition as a CCEO shall be accompanied by written justification and a list of required steps that may be required for the individual applicant to complete the registration and certification process. Recognition fees shall be set as described in Section 26212.
26216.
(a) The board shall adopt administrative rules to process information, investigate allegations or suspicions of applicants or licensees providing false information, failing to disclose material information on the registration application, or not providing any information that may, either before or during the certification process, disqualify the applicant or certificant under subdivision (a) of Section 26207. The board shall adopt procedures and guidelines to impose any discipline, revocation of certification, or sanction, for cause, against any applicant, registrant, or certificant.
(b) The administrative rules shall provide the applicant or registrant with adequate and fair notice and hearing opportunities prior to the board taking any adverse action against the applicant or certificant.
(c) Any factual finding after a hearing that the board concludes is cause for revocation, suspension, or other disciplinary or administrative action against a registration or certification shall result in an order after hearing that meets the fair notification requirements of this section.
(d) All orders after hearing shall be deemed final under the board’s authority and procedures and may be appealed as provided for in Sections 1094.5 and 1094.6 of the Code of Civil Procedure.
26217.
This chapter shall not be construed to duplicate, overlap, or otherwise conflict with the certification and continuing education requirements for construction inspectors, plans examiners, and building officials established pursuant to Chapter 7 (commencing with Section 18949.25) of Part 2.5 of Division 13.
### Summary:
<bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos> |
The people of the State of California do enact as follows:
SECTION 1.
Section 68152 of the Government Code is amended to read:
68152.
The trial court clerk may destroy court records under Section 68153 after notice of destruction, and if there is no request and order for transfer of the records, except the comprehensive historical and sample superior court records preserved for research under the California Rules of Court, when the following times have expired after the date of final disposition of the case in the categories listed:
(a) Civil actions and proceedings, as follows:
(1) Except as otherwise specified: retain 10 years.
(2) Civil unlimited cases, limited cases, and small claims cases, including after trial de novo, if any, except as otherwise specified: retain for 10 years.
(3) Civil judgments for unlimited civil cases: retain permanently.
(4) Civil judgments for limited and small claims cases: retain for 10 years, unless judgment is renewed. If judgment is renewed, retain judgment for length of renewal pursuant to Article 2 (commencing with Section 683.110) of Chapter 3 of Division 1 of Title 9 of Part 2 of the Code of Civil Procedure.
(5) If a party in a civil case appears by a guardian ad litem: retain for 10 years after termination of the court’s jurisdiction.
(6) Civil harassment, domestic violence, elder and dependent adult abuse, private postsecondary school violence, and workplace violence cases: retain for the same period of time as the duration of the restraining or other orders and any renewals thereof, then retain the restraining or other orders permanently as a judgment; 60 days after expiration of the temporary restraining or other temporary orders; retain judgments establishing paternity under Section 6323 of the Family Code permanently.
(7) Family law, except as otherwise specified: retain for 30 years.
(8) Adoption: retain permanently.
(9) Parentage: retain permanently.
(10) Change of name, gender, or name and gender: retain permanently.
(11) Probate:
(A) Decedent estates: retain permanently all orders, judgments, and decrees of the court, all inventories and appraisals, and all wills and codicils of the decedent filed in the case, including those not admitted to probate. All other records: retain for five years after final disposition of the estate proceeding.
(B) Wills and codicils transferred or delivered to the court pursuant to Section 732, 734, or 8203 of the Probate Code: retain permanently. For wills and codicils delivered to the clerk of the court under Section 8200 of the Probate Code, retain the original documents as provided in Section 26810.
(C) Substitutes for decedent estate administration:
(i) Affidavit procedures for real property of small value under Chapter 3 (commencing with Section 13100) of Part 1 of Division 8 of the Probate Code: retain permanently.
(ii) Proceedings for determining succession to property under Chapter 4 (commencing with Section 13150) of Part 1 of Division 8 of the Probate Code: retain permanently all inventories and appraisals and court orders. Other records: retain for five years after final disposition of the proceeding.
(iii) Proceedings for determination of property passing or belonging to surviving spouse under Chapter 5 (commencing with Section 13650) of Part 2 of Division 8 of the Probate Code: retain permanently all inventories and appraisals and court orders. Other records: retain for five years after final disposition of the proceeding.
(D) Conservatorships: retain permanently all court orders. Documents of trusts established under substituted judgment pursuant to Section 2580 of the Probate Code: retain as provided in clause (iii) of subparagraph (G). Other records: retain for five years after the later of either (i) the final disposition of the conservatorship proceeding, or (ii) the date of the conservatee’s death, if that date is disclosed in the court’s file.
(E) Guardianships: retain permanently orders terminating the guardianship, if any, and court orders settling final account and ordering distribution of the estate. Other records: retain for five years after the later of (i) the final disposition of the guardianship proceeding, or (ii) the earlier of the date of the ward’s death, if that date is disclosed in the court’s file, or the date the ward reaches 23 years of age.
(F) Compromise of minor’s or disabled person’s claim or action, and disposition of judgment for minors and disabled persons under Section 372 of the Code of Civil Procedure and Chapter 4 (commencing with Section 3600) of Part 8 of Division 4 of the Probate Code:
(i) Retain permanently judgments in favor of minors or disabled persons, orders approving compromises of claims and actions and disposition of the proceeds of judgments, orders directing payment of expenses, costs, and fees, orders directing deposits into blocked accounts and receipts and acknowledgments of those orders, and orders for the withdrawal of funds from blocked accounts.
(ii) Retain other records for the same retention period as for records in the underlying case. If there is no underlying case, retain for five years after the later of either (I) the date the order for payment or delivery of the final balance of the money or property is entered, or (II) the earlier of the date of the minor’s death, if that date is disclosed in the court’s file, or the date the minor reaches 23 years of age.
(G) Trusts:
(i) Proceedings under Part 5 (commencing with Section 17000) of Division 9 of the Probate Code: retain permanently.
(ii) Trusts created by substituted judgment under Section 2580 of the Probate Code: retain permanently all trust instruments and court orders. Other records: retain as long as the underlying conservatorship file is retained.
(iii) Special needs trusts: retain permanently all trust instruments and court orders. Other records: retain until the later of either (I) the retention date of “other records” in the beneficiary’s conservatorship or guardianship file under subparagraph (D) or (E), if any, or (II) five years after the date of the beneficiary’s death, if that date is disclosed in the court’s file.
(H) All other proceedings under the Probate Code: retain as provided for civil cases.
(12) Mental health:
(A) Lanterman Developmental Disabilities Services Act: retain for 10 years.
(B) Lanterman-Petris-Short Act: retain for 20 years.
(C) Riese (capacity) hearings under Sections 5333 and 5334 of the Welfare and Institutions Code: retain for the later of either (i) 20 years after the date of the capacity determination order, or (ii) the court records retention date of the underlying involuntary treatment or commitment proceeding, if any.
(D) Petitions under Chapter 3 (commencing with Section 8100) of Division 8 of the Welfare and Institutions Code for the return of firearms to petitioners who relinquished them to law enforcement while detained in a mental health facility: retain for 10 years.
(13) Eminent domain: retain permanently.
(14) Real property other than unlawful detainer: retain permanently if the action affects title or an interest in real property.
(15) Unlawful detainer: retain for one year if judgment is only for possession of the premises; retain for 10 years if judgment is for money, or money and possession.
(b) Notwithstanding subdivision (a), any civil or small claims case in the trial court:
(1) Involuntarily dismissed by the court for delay in prosecution or failure to comply with state or local rules: retain for one year.
(2) Voluntarily dismissed by a party without entry of judgment: retain for one year.
(c) Criminal actions and proceedings, as follows:
(1) Capital felony in which the defendant is sentenced to death, and any felony resulting in a sentence of life or life without the possibility of parole: retain permanently, including records of the cases of any codefendants and any related cases, regardless of the disposition. For the purpose of this paragraph, “capital felony” means murder with special circumstances when the prosecution seeks the death penalty. Records of the cases of codefendants and related cases required to be retained under this paragraph shall be limited to those cases that are factually linked or related to the charged offense, that are identified in the courtroom, and that are placed on the record. If a capital felony is disposed of by a sentence less than death, or imprisonment for life or life without the possibility of parole, the judgment shall be retained permanently, and the record shall be retained for 50 years or for 10 years after the official written notification of the death of the defendant. If a capital felony is disposed of by an acquittal, the record shall be retained for 10 years.
(2) Felony, except as otherwise specified, and in any felony or misdemeanor case resulting in a requirement that the defendant register as a sex offender under Section 290 of the Penal Code: retain judgment permanently. For all other documents: retain for 50 years or the maximum term of the sentence, whichever is longer. However, any record other than the judgment may be destroyed 10 years after the death of the defendant. Felony case files that do not include final sentencing or other final disposition because the case was bound over from a former municipal court to the superior court and not already consolidated with the superior court felony case file: retain for 10 years from the disposition of the superior court case.
(3) Felony reduced to a misdemeanor: retain in accordance with the retention period for the relevant misdemeanor.
(4) Felony, if the charge is dismissed, except as provided in paragraph (6): retain for three years.
(5) Misdemeanor, if the charge is dismissed, except as provided in paragraph (6): retain for one year.
(6) Dismissal under Section 1203.4 or 1203.4a of the Penal Code: retain for the same retention period as for records of the underlying case. If the records in the underlying case have been destroyed, retain for five years after dismissal.
(7) Misdemeanor, except as otherwise specified: retain for five years. For misdemeanors alleging a violation of Section 23103, 23152, or 23153 of the Vehicle Code: retain for 10 years.
(8) Misdemeanor alleging a marijuana violation under subdivision (c), (d), or (e) of Section 11357 of the Health and Safety Code, or subdivision (b) of Section 11360 of the Health and Safety Code: records shall be destroyed, or redacted in accordance with subdivision (c) of Section 11361.5 of the Health and Safety Code, two years from the date of conviction, or from the date of arrest if no conviction, if the case is no longer subject to review on appeal, all applicable fines and fees have been paid, and the defendant has complied with all terms and conditions of the sentence or grant of probation. However, as provided in subdivision (a) of Section 11361.5 of the Health and Safety Code and paragraph (5) of subdivision (e) of this section, records of a misdemeanor alleging a marijuana violation under subdivision (e) of Section 11357 of the Health and Safety Code shall be retained until the offender attains 18 years of age, at which time the records shall be destroyed as provided in subdivision (c) of Section 11361.5 of the Health and Safety Code.
(9) Misdemeanor reduced to an infraction: retain in accordance with the retention period for the relevant infraction.
(10) Infraction, except as otherwise specified: retain for one year. Vehicle Code infraction: retain for three years. Infraction alleging a marijuana violation under subdivision (b) of Section 11357 of the Health and Safety Code: if records are retained past the one-year minimum retention period, the records shall be destroyed or redacted in accordance with subdivision (c) of Section 11361.5 of the Health and Safety Code two years from the date of conviction, or from the date of arrest if no conviction, if the case is no longer subject to review on appeal, all applicable fines and fees have been paid, and the defendant has complied with all terms and conditions of the sentence or grant of probation.
(11) Criminal protective order: retain until the order expires or is terminated.
(12) Arrest warrant: retain for the same retention period as for records in the underlying case. If there is no underlying case, retain for one year from the date of issue.
(13) Search warrant:
(A) If there is no underlying case, retain for five years from the date of issue.
(B) If there is any underlying case, retain for 10 years from the date of issue or, if the retention period for records in the underlying case is less than 10 years or if the underlying case is a capital felony described in paragraph (1) of subdivision (c), retain for the same retention period as for records in the underlying case.
(14) Probable cause declarations: retain for the same retention period as for records in the underlying case. If there is no underlying case, retain for one year from the date of declaration.
(15) Proceedings for revocation of postrelease community supervision or postrelease parole supervision: retain for five years after the period of supervision expires or is terminated.
(d) Habeas corpus:
(1) Habeas corpus in criminal and family law matters: retain for the same retention period as for records in the underlying case, whether granted or denied.
(2) Habeas corpus in mental health matters: retain all records for the same retention period as for records in the underlying case, whether granted or denied. If there is no underlying case, retain records for 20 years.
(e) Juveniles:
(1) Dependent pursuant to Section 300 of the Welfare and Institutions Code: upon reaching 28 years of age, or on written request, shall be released to the juvenile five years after jurisdiction over the person has terminated under subdivision (a) of Section 826 of the Welfare and Institutions Code. Sealed records shall be destroyed upon court order five years after the records have been sealed pursuant to subdivision (c) of Section 389 of the Welfare and Institutions Code.
(2) Ward pursuant to Section 601 of the Welfare and Institutions Code: upon reaching 21 years of age, or on written request, shall be released to the juvenile five years after jurisdiction over the person has terminated under subdivision (a) of Section 826 of the Welfare and Institutions Code. Sealed records shall be destroyed upon court order five years after the records have been sealed under subdivision (d) of Section 781 of the Welfare and Institutions Code.
(3) Ward pursuant to Section 602 of the Welfare and Institutions Code: upon reaching 38 years of age under subdivision (a) of Section 826 of the Welfare and Institutions Code. Sealed records shall be destroyed upon court order when the subject of the record reaches 38 years of age under subdivision (d) of Section 781 of the Welfare and Institutions Code.
(4) Traffic and some nontraffic misdemeanors and infractions pursuant to Section 601 of the Welfare and Institutions Code: upon reaching 21 years of age, or five years after jurisdiction over the person has terminated under subdivision (c) of Section 826 of the Welfare and Institutions Code. Records may be microfilmed or photocopied.
(5) Marijuana misdemeanor under subdivision (e) of Section 11357 of the Health and Safety Code in accordance with procedures specified in subdivision (a) of Section 11361.5 of the Health and Safety Code: upon reaching 18 years of age, the records shall be destroyed.
(f) Court records of the appellate division of the superior court: retain for five years.
(g) Other records:
(1) Bench warrant: retain for the same retention period as for records in the underlying case. For a bench warrant issued for a misdemeanor, retain records for the same retention period as for records in the underlying misdemeanor following issuance. If there is no return on the warrant, the court may dismiss on its own motion and immediately destroy the records.
(2) Body attachment: retain for same retention period as for records in the underlying case.
(3) Bond: retain for three years after exoneration and release.
(4) Court reporter notes:
(A) Criminal and juvenile proceedings: retain notes for 10 years, except as otherwise specified. Notes reporting proceedings in capital felony cases (murder with special circumstances when the prosecution seeks the death penalty and the sentence is death), including notes reporting the preliminary hearing, shall be retained permanently, unless the Supreme Court on request of the court clerk authorizes the destruction.
(B) Civil and all other proceedings: retain notes for five years.
(5) Electronic recordings made as the official record of the oral proceedings under the California Rules of Court may be destroyed or deleted as follows:
(A) Any time after final disposition of the case in infraction and misdemeanor proceedings.
(B) After 10 years in all other criminal proceedings.
(C) After five years in all other proceedings.
(6) Electronic recordings not made as the official record of the oral proceedings under the California Rules of Court may be destroyed at any time at the discretion of the court.
(7) Fee waiver applications: retain for the same retention period as for records in the underlying case.
(8) Judgments within the jurisdiction of the superior court other than in a limited civil case, misdemeanor case, or infraction case: retain permanently.
(9) Judgments in misdemeanor cases, infraction cases, and limited civil cases: retain for the same retention period as for records in the underlying case.
(10) Juror proceedings, including sanctions: retain for one year.
(11) Minutes: retain for the same retention period as for records in the underlying case.
(12) Orders not associated with an underlying case, such as orders for the destruction of court records for telephone taps, orders to destroy drugs, and other miscellaneous court orders: retain for one year.
(13) Naturalization index: retain permanently.
(14) Index for cases alleging traffic violations: retain for the same retention period as for records in the underlying case.
(15) Index, except as otherwise specified: retain permanently.
(16) Register of actions or docket: retain for the same retention period as for records in the underlying case, but in no event less than 10 years for civil and small claims cases.
(h) Retention of the court records under this section shall be extended by order of the court on its own motion, or on application of a party or an interested member of the public for good cause shown and on those terms as are just. A fee shall not be charged for making the application.
(i) The record retention periods provided in this section, as amended effective January 1, 2014, apply to all court records in existence prior to that date as well as to records created on or after that date. | Existing law authorizes the trial court clerk to destroy court records, as defined, after notice of destruction, if there is no request and order for transfer of the records, upon the expiration of specified time periods after final disposition of the case. Existing law generally provides that court records of a criminal proceeding relating to a misdemeanor violation may be destroyed after 5 years, but that court records of a criminal proceeding relating to a misdemeanor violation for speed contests, driving under the influence of drugs or alcohol, or driving under the influence and causing bodily injury, may be destroyed after 10 years.
This bill would decrease the time period that a court record of a misdemeanor violation for speed contests must be retained before it can be destroyed by the trial court clerk from 10 years to 5 years. The bill would increase the time period that a court record of a misdemeanor violation for reckless driving must be retained before it can be destroyed by the trial court clerk from 5 years to 10 years. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
Section 68152 of the Government Code is amended to read:
68152.
The trial court clerk may destroy court records under Section 68153 after notice of destruction, and if there is no request and order for transfer of the records, except the comprehensive historical and sample superior court records preserved for research under the California Rules of Court, when the following times have expired after the date of final disposition of the case in the categories listed:
(a) Civil actions and proceedings, as follows:
(1) Except as otherwise specified: retain 10 years.
(2) Civil unlimited cases, limited cases, and small claims cases, including after trial de novo, if any, except as otherwise specified: retain for 10 years.
(3) Civil judgments for unlimited civil cases: retain permanently.
(4) Civil judgments for limited and small claims cases: retain for 10 years, unless judgment is renewed. If judgment is renewed, retain judgment for length of renewal pursuant to Article 2 (commencing with Section 683.110) of Chapter 3 of Division 1 of Title 9 of Part 2 of the Code of Civil Procedure.
(5) If a party in a civil case appears by a guardian ad litem: retain for 10 years after termination of the court’s jurisdiction.
(6) Civil harassment, domestic violence, elder and dependent adult abuse, private postsecondary school violence, and workplace violence cases: retain for the same period of time as the duration of the restraining or other orders and any renewals thereof, then retain the restraining or other orders permanently as a judgment; 60 days after expiration of the temporary restraining or other temporary orders; retain judgments establishing paternity under Section 6323 of the Family Code permanently.
(7) Family law, except as otherwise specified: retain for 30 years.
(8) Adoption: retain permanently.
(9) Parentage: retain permanently.
(10) Change of name, gender, or name and gender: retain permanently.
(11) Probate:
(A) Decedent estates: retain permanently all orders, judgments, and decrees of the court, all inventories and appraisals, and all wills and codicils of the decedent filed in the case, including those not admitted to probate. All other records: retain for five years after final disposition of the estate proceeding.
(B) Wills and codicils transferred or delivered to the court pursuant to Section 732, 734, or 8203 of the Probate Code: retain permanently. For wills and codicils delivered to the clerk of the court under Section 8200 of the Probate Code, retain the original documents as provided in Section 26810.
(C) Substitutes for decedent estate administration:
(i) Affidavit procedures for real property of small value under Chapter 3 (commencing with Section 13100) of Part 1 of Division 8 of the Probate Code: retain permanently.
(ii) Proceedings for determining succession to property under Chapter 4 (commencing with Section 13150) of Part 1 of Division 8 of the Probate Code: retain permanently all inventories and appraisals and court orders. Other records: retain for five years after final disposition of the proceeding.
(iii) Proceedings for determination of property passing or belonging to surviving spouse under Chapter 5 (commencing with Section 13650) of Part 2 of Division 8 of the Probate Code: retain permanently all inventories and appraisals and court orders. Other records: retain for five years after final disposition of the proceeding.
(D) Conservatorships: retain permanently all court orders. Documents of trusts established under substituted judgment pursuant to Section 2580 of the Probate Code: retain as provided in clause (iii) of subparagraph (G). Other records: retain for five years after the later of either (i) the final disposition of the conservatorship proceeding, or (ii) the date of the conservatee’s death, if that date is disclosed in the court’s file.
(E) Guardianships: retain permanently orders terminating the guardianship, if any, and court orders settling final account and ordering distribution of the estate. Other records: retain for five years after the later of (i) the final disposition of the guardianship proceeding, or (ii) the earlier of the date of the ward’s death, if that date is disclosed in the court’s file, or the date the ward reaches 23 years of age.
(F) Compromise of minor’s or disabled person’s claim or action, and disposition of judgment for minors and disabled persons under Section 372 of the Code of Civil Procedure and Chapter 4 (commencing with Section 3600) of Part 8 of Division 4 of the Probate Code:
(i) Retain permanently judgments in favor of minors or disabled persons, orders approving compromises of claims and actions and disposition of the proceeds of judgments, orders directing payment of expenses, costs, and fees, orders directing deposits into blocked accounts and receipts and acknowledgments of those orders, and orders for the withdrawal of funds from blocked accounts.
(ii) Retain other records for the same retention period as for records in the underlying case. If there is no underlying case, retain for five years after the later of either (I) the date the order for payment or delivery of the final balance of the money or property is entered, or (II) the earlier of the date of the minor’s death, if that date is disclosed in the court’s file, or the date the minor reaches 23 years of age.
(G) Trusts:
(i) Proceedings under Part 5 (commencing with Section 17000) of Division 9 of the Probate Code: retain permanently.
(ii) Trusts created by substituted judgment under Section 2580 of the Probate Code: retain permanently all trust instruments and court orders. Other records: retain as long as the underlying conservatorship file is retained.
(iii) Special needs trusts: retain permanently all trust instruments and court orders. Other records: retain until the later of either (I) the retention date of “other records” in the beneficiary’s conservatorship or guardianship file under subparagraph (D) or (E), if any, or (II) five years after the date of the beneficiary’s death, if that date is disclosed in the court’s file.
(H) All other proceedings under the Probate Code: retain as provided for civil cases.
(12) Mental health:
(A) Lanterman Developmental Disabilities Services Act: retain for 10 years.
(B) Lanterman-Petris-Short Act: retain for 20 years.
(C) Riese (capacity) hearings under Sections 5333 and 5334 of the Welfare and Institutions Code: retain for the later of either (i) 20 years after the date of the capacity determination order, or (ii) the court records retention date of the underlying involuntary treatment or commitment proceeding, if any.
(D) Petitions under Chapter 3 (commencing with Section 8100) of Division 8 of the Welfare and Institutions Code for the return of firearms to petitioners who relinquished them to law enforcement while detained in a mental health facility: retain for 10 years.
(13) Eminent domain: retain permanently.
(14) Real property other than unlawful detainer: retain permanently if the action affects title or an interest in real property.
(15) Unlawful detainer: retain for one year if judgment is only for possession of the premises; retain for 10 years if judgment is for money, or money and possession.
(b) Notwithstanding subdivision (a), any civil or small claims case in the trial court:
(1) Involuntarily dismissed by the court for delay in prosecution or failure to comply with state or local rules: retain for one year.
(2) Voluntarily dismissed by a party without entry of judgment: retain for one year.
(c) Criminal actions and proceedings, as follows:
(1) Capital felony in which the defendant is sentenced to death, and any felony resulting in a sentence of life or life without the possibility of parole: retain permanently, including records of the cases of any codefendants and any related cases, regardless of the disposition. For the purpose of this paragraph, “capital felony” means murder with special circumstances when the prosecution seeks the death penalty. Records of the cases of codefendants and related cases required to be retained under this paragraph shall be limited to those cases that are factually linked or related to the charged offense, that are identified in the courtroom, and that are placed on the record. If a capital felony is disposed of by a sentence less than death, or imprisonment for life or life without the possibility of parole, the judgment shall be retained permanently, and the record shall be retained for 50 years or for 10 years after the official written notification of the death of the defendant. If a capital felony is disposed of by an acquittal, the record shall be retained for 10 years.
(2) Felony, except as otherwise specified, and in any felony or misdemeanor case resulting in a requirement that the defendant register as a sex offender under Section 290 of the Penal Code: retain judgment permanently. For all other documents: retain for 50 years or the maximum term of the sentence, whichever is longer. However, any record other than the judgment may be destroyed 10 years after the death of the defendant. Felony case files that do not include final sentencing or other final disposition because the case was bound over from a former municipal court to the superior court and not already consolidated with the superior court felony case file: retain for 10 years from the disposition of the superior court case.
(3) Felony reduced to a misdemeanor: retain in accordance with the retention period for the relevant misdemeanor.
(4) Felony, if the charge is dismissed, except as provided in paragraph (6): retain for three years.
(5) Misdemeanor, if the charge is dismissed, except as provided in paragraph (6): retain for one year.
(6) Dismissal under Section 1203.4 or 1203.4a of the Penal Code: retain for the same retention period as for records of the underlying case. If the records in the underlying case have been destroyed, retain for five years after dismissal.
(7) Misdemeanor, except as otherwise specified: retain for five years. For misdemeanors alleging a violation of Section 23103, 23152, or 23153 of the Vehicle Code: retain for 10 years.
(8) Misdemeanor alleging a marijuana violation under subdivision (c), (d), or (e) of Section 11357 of the Health and Safety Code, or subdivision (b) of Section 11360 of the Health and Safety Code: records shall be destroyed, or redacted in accordance with subdivision (c) of Section 11361.5 of the Health and Safety Code, two years from the date of conviction, or from the date of arrest if no conviction, if the case is no longer subject to review on appeal, all applicable fines and fees have been paid, and the defendant has complied with all terms and conditions of the sentence or grant of probation. However, as provided in subdivision (a) of Section 11361.5 of the Health and Safety Code and paragraph (5) of subdivision (e) of this section, records of a misdemeanor alleging a marijuana violation under subdivision (e) of Section 11357 of the Health and Safety Code shall be retained until the offender attains 18 years of age, at which time the records shall be destroyed as provided in subdivision (c) of Section 11361.5 of the Health and Safety Code.
(9) Misdemeanor reduced to an infraction: retain in accordance with the retention period for the relevant infraction.
(10) Infraction, except as otherwise specified: retain for one year. Vehicle Code infraction: retain for three years. Infraction alleging a marijuana violation under subdivision (b) of Section 11357 of the Health and Safety Code: if records are retained past the one-year minimum retention period, the records shall be destroyed or redacted in accordance with subdivision (c) of Section 11361.5 of the Health and Safety Code two years from the date of conviction, or from the date of arrest if no conviction, if the case is no longer subject to review on appeal, all applicable fines and fees have been paid, and the defendant has complied with all terms and conditions of the sentence or grant of probation.
(11) Criminal protective order: retain until the order expires or is terminated.
(12) Arrest warrant: retain for the same retention period as for records in the underlying case. If there is no underlying case, retain for one year from the date of issue.
(13) Search warrant:
(A) If there is no underlying case, retain for five years from the date of issue.
(B) If there is any underlying case, retain for 10 years from the date of issue or, if the retention period for records in the underlying case is less than 10 years or if the underlying case is a capital felony described in paragraph (1) of subdivision (c), retain for the same retention period as for records in the underlying case.
(14) Probable cause declarations: retain for the same retention period as for records in the underlying case. If there is no underlying case, retain for one year from the date of declaration.
(15) Proceedings for revocation of postrelease community supervision or postrelease parole supervision: retain for five years after the period of supervision expires or is terminated.
(d) Habeas corpus:
(1) Habeas corpus in criminal and family law matters: retain for the same retention period as for records in the underlying case, whether granted or denied.
(2) Habeas corpus in mental health matters: retain all records for the same retention period as for records in the underlying case, whether granted or denied. If there is no underlying case, retain records for 20 years.
(e) Juveniles:
(1) Dependent pursuant to Section 300 of the Welfare and Institutions Code: upon reaching 28 years of age, or on written request, shall be released to the juvenile five years after jurisdiction over the person has terminated under subdivision (a) of Section 826 of the Welfare and Institutions Code. Sealed records shall be destroyed upon court order five years after the records have been sealed pursuant to subdivision (c) of Section 389 of the Welfare and Institutions Code.
(2) Ward pursuant to Section 601 of the Welfare and Institutions Code: upon reaching 21 years of age, or on written request, shall be released to the juvenile five years after jurisdiction over the person has terminated under subdivision (a) of Section 826 of the Welfare and Institutions Code. Sealed records shall be destroyed upon court order five years after the records have been sealed under subdivision (d) of Section 781 of the Welfare and Institutions Code.
(3) Ward pursuant to Section 602 of the Welfare and Institutions Code: upon reaching 38 years of age under subdivision (a) of Section 826 of the Welfare and Institutions Code. Sealed records shall be destroyed upon court order when the subject of the record reaches 38 years of age under subdivision (d) of Section 781 of the Welfare and Institutions Code.
(4) Traffic and some nontraffic misdemeanors and infractions pursuant to Section 601 of the Welfare and Institutions Code: upon reaching 21 years of age, or five years after jurisdiction over the person has terminated under subdivision (c) of Section 826 of the Welfare and Institutions Code. Records may be microfilmed or photocopied.
(5) Marijuana misdemeanor under subdivision (e) of Section 11357 of the Health and Safety Code in accordance with procedures specified in subdivision (a) of Section 11361.5 of the Health and Safety Code: upon reaching 18 years of age, the records shall be destroyed.
(f) Court records of the appellate division of the superior court: retain for five years.
(g) Other records:
(1) Bench warrant: retain for the same retention period as for records in the underlying case. For a bench warrant issued for a misdemeanor, retain records for the same retention period as for records in the underlying misdemeanor following issuance. If there is no return on the warrant, the court may dismiss on its own motion and immediately destroy the records.
(2) Body attachment: retain for same retention period as for records in the underlying case.
(3) Bond: retain for three years after exoneration and release.
(4) Court reporter notes:
(A) Criminal and juvenile proceedings: retain notes for 10 years, except as otherwise specified. Notes reporting proceedings in capital felony cases (murder with special circumstances when the prosecution seeks the death penalty and the sentence is death), including notes reporting the preliminary hearing, shall be retained permanently, unless the Supreme Court on request of the court clerk authorizes the destruction.
(B) Civil and all other proceedings: retain notes for five years.
(5) Electronic recordings made as the official record of the oral proceedings under the California Rules of Court may be destroyed or deleted as follows:
(A) Any time after final disposition of the case in infraction and misdemeanor proceedings.
(B) After 10 years in all other criminal proceedings.
(C) After five years in all other proceedings.
(6) Electronic recordings not made as the official record of the oral proceedings under the California Rules of Court may be destroyed at any time at the discretion of the court.
(7) Fee waiver applications: retain for the same retention period as for records in the underlying case.
(8) Judgments within the jurisdiction of the superior court other than in a limited civil case, misdemeanor case, or infraction case: retain permanently.
(9) Judgments in misdemeanor cases, infraction cases, and limited civil cases: retain for the same retention period as for records in the underlying case.
(10) Juror proceedings, including sanctions: retain for one year.
(11) Minutes: retain for the same retention period as for records in the underlying case.
(12) Orders not associated with an underlying case, such as orders for the destruction of court records for telephone taps, orders to destroy drugs, and other miscellaneous court orders: retain for one year.
(13) Naturalization index: retain permanently.
(14) Index for cases alleging traffic violations: retain for the same retention period as for records in the underlying case.
(15) Index, except as otherwise specified: retain permanently.
(16) Register of actions or docket: retain for the same retention period as for records in the underlying case, but in no event less than 10 years for civil and small claims cases.
(h) Retention of the court records under this section shall be extended by order of the court on its own motion, or on application of a party or an interested member of the public for good cause shown and on those terms as are just. A fee shall not be charged for making the application.
(i) The record retention periods provided in this section, as amended effective January 1, 2014, apply to all court records in existence prior to that date as well as to records created on or after that date.
### Summary:
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The people of the State of California do enact as follows:
SECTION 1.
This act shall be known, and may be cited, as “Caleb’s Law.”
SEC. 2.
It is the Legislature’s intent, to the extent that funds are appropriated for this purpose, that the board encourage all dental sedation providers in California to submit data regarding pediatric sedation events to a pediatric sedation research database maintained by a nonprofit organization. It is the goal of the Legislature that the data submitted will be used to formulate a systems-based approach to improve the quality of services provided to pediatric dental anesthesia patients in outpatient settings.
SEC. 3.
Section 1601.4 is added to the Business and Professions Code, to read:
1601.4.
(a) On or before January 1, 2017, the board shall provide to the Legislature a report on whether current statutes and regulations for the administration and monitoring of pediatric anesthesia in dentistry provide adequate protection for pediatric dental patients. The report shall be submitted in compliance with Section 9795 of the Government Code. The requirement for submitting a report imposed by this subdivision is inoperative on December 1, 2021, pursuant to Section 10231.5 of the Government Code. The board shall make the report publicly available on the board’s Internet Web site.
(b) The board shall provide a report on pediatric deaths related to general anesthesia in dentistry at the time of its sunset review pursuant to subdivision (d) of Section 1601.1.
SEC. 4.
Section 1680 of the Business and Professions Code is amended to read:
1680.
Unprofessional conduct by a person licensed under this chapter is defined as, but is not limited to, any one of the following:
(a) The obtaining of any fee by fraud or misrepresentation.
(b) The employment directly or indirectly of any student or suspended or unlicensed dentist to practice dentistry as defined in this chapter.
(c) The aiding or abetting of any unlicensed person to practice dentistry.
(d) The aiding or abetting of a licensed person to practice dentistry unlawfully.
(e) The committing of any act or acts of sexual abuse, misconduct, or relations with a patient that are substantially related to the practice of dentistry.
(f) The use of any false, assumed, or fictitious name, either as an individual, firm, corporation, or otherwise, or any name other than the name under which he or she is licensed to practice, in advertising or in any other manner indicating that he or she is practicing or will practice dentistry, except that name as is specified in a valid permit issued pursuant to Section 1701.5.
(g) The practice of accepting or receiving any commission or the rebating in any form or manner of fees for professional services, radiograms, prescriptions, or other services or articles supplied to patients.
(h) The making use by the licensee or any agent of the licensee of any advertising statements of a character tending to deceive or mislead the public.
(i) The advertising of either professional superiority or the advertising of performance of professional services in a superior manner. This subdivision shall not prohibit advertising permitted by subdivision (h) of Section 651.
(j) The employing or the making use of solicitors.
(k) The advertising in violation of Section 651.
(l) The advertising to guarantee any dental service, or to perform any dental operation painlessly. This subdivision shall not prohibit advertising permitted by Section 651.
(m) The violation of any of the provisions of law regulating the procurement, dispensing, or administration of dangerous drugs, as defined in Chapter 9 (commencing with Section 4000) or controlled substances, as defined in Division 10 (commencing with Section 11000) of the Health and Safety Code.
(n) The violation of any of the provisions of this division.
(o) The permitting of any person to operate dental radiographic equipment who has not met the requirements of Section 1656.
(p) The clearly excessive prescribing or administering of drugs or treatment, or the clearly excessive use of diagnostic procedures, or the clearly excessive use of diagnostic or treatment facilities, as determined by the customary practice and standards of the dental profession.
Any person who violates this subdivision is guilty of a misdemeanor and shall be punished by a fine of not less than one hundred dollars ($100) or more than six hundred dollars ($600), or by imprisonment for a term of not less than 60 days or more than 180 days, or by both a fine and imprisonment.
(q) The use of threats or harassment against any patient or licensee for providing evidence in any possible or actual disciplinary action, or other legal action; or the discharge of an employee primarily based on the employee’s attempt to comply with the provisions of this chapter or to aid in the compliance.
(r) Suspension or revocation of a license issued, or discipline imposed, by another state or territory on grounds that would be the basis of discipline in this state.
(s) The alteration of a patient’s record with intent to deceive.
(t) Unsanitary or unsafe office conditions, as determined by the customary practice and standards of the dental profession.
(u) The abandonment of the patient by the licensee, without written notice to the patient that treatment is to be discontinued and before the patient has ample opportunity to secure the services of another dentist, registered dental hygienist, registered dental hygienist in alternative practice, or registered dental hygienist in extended functions and provided the health of the patient is not jeopardized.
(v) The willful misrepresentation of facts relating to a disciplinary action to the patients of a disciplined licensee.
(w) Use of fraud in the procurement of any license issued pursuant to this chapter.
(x) Any action or conduct that would have warranted the denial of the license.
(y) The aiding or abetting of a licensed dentist, dental assistant, registered dental assistant, registered dental assistant in extended functions, dental sedation assistant permitholder, orthodontic assistant permitholder, registered dental hygienist, registered dental hygienist in alternative practice, or registered dental hygienist in extended functions to practice dentistry in a negligent or incompetent manner.
(z) (1) The failure to report to the board in writing within seven days any of the following: (A) the death of his or her patient during the performance of any dental or dental hygiene procedure; (B) the discovery of the death of a patient whose death is related to a dental or dental hygiene procedure performed by him or her; or (C) except for a scheduled hospitalization, the removal to a hospital or emergency center for medical treatment of any patient to whom oral conscious sedation, conscious sedation, or general anesthesia was administered, or any patient as a result of dental or dental hygiene treatment. With the exception of patients to whom oral conscious sedation, conscious sedation, or general anesthesia was administered, removal to a hospital or emergency center that is the normal or expected treatment for the underlying dental condition is not required to be reported. Upon receipt of a report pursuant to this subdivision the board may conduct an inspection of the dental office if the board finds that it is necessary. A dentist shall report to the board all deaths occurring in his or her practice with a copy sent to the Dental Hygiene Committee of California if the death was the result of treatment by a registered dental hygienist, registered dental hygienist in alternative practice, or registered dental hygienist in extended functions. A registered dental hygienist, registered dental hygienist in alternative practice, or registered dental hygienist in extended functions shall report to the Dental Hygiene Committee of California all deaths occurring as the result of dental hygiene treatment, and a copy of the notification shall be sent to the board.
(2) The report required by this subdivision shall be on a form or forms approved by the board. The form or forms approved by the board shall require the licensee to include, but not be limited to, the following information for cases in which patients received anesthesia: the date of the procedure; the patient’s age in years and months, weight, and sex; the patient’s American Society of Anesthesiologists (ASA) physical status; the patient’s primary diagnosis; the patient’s coexisting diagnoses; the procedures performed; the sedation setting; the medications used; the monitoring equipment used; the category of the provider responsible for sedation oversight; the category of the provider delivering sedation; the category of the provider monitoring the patient during sedation; whether the person supervising the sedation performed one or more of the procedures; the planned airway management; the planned depth of sedation; the complications that occurred; a description of what was unexpected about the airway management; whether there was transportation of the patient during sedation; the category of the provider conducting resuscitation measures; and the resuscitation equipment utilized. Disclosure of individually identifiable patient information shall be consistent with applicable law. A report required by this subdivision shall not be admissible in any action brought by a patient of the licensee providing the report.
(3) For the purposes of paragraph (2), categories of provider are: General Dentist, Pediatric Dentist, Oral Surgeon, Dentist Anesthesiologist, Physician Anesthesiologist, Dental Assistant, Registered Dental Assistant, Dental Sedation Assistant, Registered Nurse, Certified Registered Nurse Anesthetist, or Other.
(4) The form shall state that this information shall not be considered an admission of guilt, but is for educational, data, or investigative purposes.
(5) The board may assess a penalty on any licensee who fails to report an instance of an adverse event as required by this subdivision. The licensee may dispute the failure to file within 10 days of receiving notice that the board had assessed a penalty against the licensee.
(aa) Participating in or operating any group advertising and referral services that are in violation of Section 650.2.
(ab) The failure to use a fail-safe machine with an appropriate exhaust system in the administration of nitrous oxide. The board shall, by regulation, define what constitutes a fail-safe machine.
(ac) Engaging in the practice of dentistry with an expired license.
(ad) Except for good cause, the knowing failure to protect patients by failing to follow infection control guidelines of the board, thereby risking transmission of bloodborne infectious diseases from dentist, dental assistant, registered dental assistant, registered dental assistant in extended functions, dental sedation assistant permitholder, orthodontic assistant permitholder, registered dental hygienist, registered dental hygienist in alternative practice, or registered dental hygienist in extended functions to patient, from patient to patient, and from patient to dentist, dental assistant, registered dental assistant, registered dental assistant in extended functions, dental sedation assistant permitholder, orthodontic assistant permitholder, registered dental hygienist, registered dental hygienist in alternative practice, or registered dental hygienist in extended functions. In administering this subdivision, the board shall consider referencing the standards, regulations, and guidelines of the State Department of Public Health developed pursuant to Section 1250.11 of the Health and Safety Code and the standards, guidelines, and regulations pursuant to the California Occupational Safety and Health Act of 1973 (Part 1 (commencing with Section 6300) of Division 5 of the Labor Code) for preventing the transmission of HIV, hepatitis B, and other blood-borne pathogens in health care settings. The board shall review infection control guidelines, if necessary, on an annual basis and proposed changes shall be reviewed by the Dental Hygiene Committee of California to establish a consensus. The committee shall submit any recommended changes to the infection control guidelines for review to establish a consensus. As necessary, the board shall consult with the Medical Board of California, the California Board of Podiatric Medicine, the Board of Registered Nursing, and the Board of Vocational Nursing and Psychiatric Technicians, to encourage appropriate consistency in the implementation of this subdivision.
The board shall seek to ensure that all appropriate dental personnel are informed of the responsibility to follow infection control guidelines, and of the most recent scientifically recognized safeguards for minimizing the risk of transmission of bloodborne infectious diseases.
(ae) The utilization by a licensed dentist of any person to perform the functions of any registered dental assistant, registered dental assistant in extended functions, dental sedation assistant permitholder, orthodontic assistant permitholder, registered dental hygienist, registered dental hygienist in alternative practice, or registered dental hygienist in extended functions who, at the time of initial employment, does not possess a current, valid license or permit to perform those functions.
(af) The prescribing, dispensing, or furnishing of dangerous drugs or devices, as defined in Section 4022, in violation of Section 2242.1.
SEC. 5.
Section 1682 of the Business and Professions Code is amended to read:
1682.
In addition to other acts constituting unprofessional conduct under this chapter, it is unprofessional conduct for:
(a) Any dentist performing dental procedures to have more than one patient undergoing conscious sedation or general anesthesia on an outpatient basis at any given time unless each patient is being continuously monitored on a one-to-one ratio while sedated by either the dentist or another licensed health professional authorized by law to administer conscious sedation or general anesthesia.
(b) Any dentist with patients recovering from conscious sedation or general anesthesia to fail to have the patients closely monitored by licensed health professionals experienced in the care and resuscitation of patients recovering from conscious sedation or general anesthesia. If one licensed professional is responsible for the recovery care of more than one patient at a time, all of the patients shall be physically in the same room to allow continuous visual contact with all patients and the patient to recovery staff ratio should not exceed three to one.
(c) Any dentist with patients who are undergoing conscious sedation to fail to have these patients continuously monitored during the dental procedure with a pulse oximeter or similar or superior monitoring equipment required by the board.
(d) Any dentist with patients who are undergoing conscious sedation to have dental office personnel directly involved with the care of those patients who are not certified in basic cardiac life support (CPR) and recertified biennially.
(e) (1) Any dentist to fail to obtain the written informed consent of a patient prior to administering general anesthesia or conscious sedation. In the case of a minor, the consent shall be obtained from the child’s parent or guardian.
(2) The written informed consent, in the case of a minor, shall include, but not be limited to, the following information:
“The administration and monitoring of general anesthesia may vary depending on the type of procedure, the type of practitioner, the age and health of the patient, and the setting in which anesthesia is provided. Risks may vary with each specific situation. You are encouraged to explore all the options available for your child’s anesthesia for his or her dental treatment, and consult with your dentist or pediatrician as needed.”
(3) Nothing in this subdivision shall be construed to establish the reasonable standard of care for administering or monitoring oral conscious sedation, conscious sedation, or general anesthesia. | The Dental Practice Act provides for the licensure and regulation of dentists by the Dental Board of California. That act authorizes a committee of the board to evaluate all suggestions or requests for regulatory changes related to the committee and to hold informational hearings in order to report and make appropriate recommendations to the board, after consultation with departmental legal counsel and the board’s chief executive officer. The act requires a committee to include in any report regarding a proposed regulatory change, at a minimum, the specific language or the proposed change or changes and the reasons therefor, and any facts supporting the need for the change.
The act governs the use of general anesthesia, conscious sedation, and oral conscious sedation for pediatric and adult patients. The act makes it unprofessional conduct for a licensee to fail to report the death of a patient, or removal of a patient to a hospital or emergency center for medical treatment, that is related to a dental procedure, as specified. The act also makes it unprofessional conduct for any dentist to fail to obtain the written informed consent of a patient prior to administering general anesthesia or conscious sedation. In the case of a minor, the act requires that the consent be obtained from the child’s parent or guardian.
This bill, which would be known as “Caleb’s Law,” would require the board, on or before January 1, 2017, to provide to the Legislature a report on whether current statutes and regulations for the administration and monitoring of pediatric anesthesia in dentistry provide adequate protection for pediatric dental patients and would require the board to make the report publicly available on the board’s Internet Web site. The bill also would require the board to provide a report on pediatric deaths related to general anesthesia in dentistry at the time of its sunset review by the appropriate policy committees of the Legislature.
This bill would require that the report of the death of a patient, or removal of a patient to a hospital or emergency center for medical treatment, be on a form or forms approved by the board and that the report include specified information. The bill authorizes the board to assess a penalty on any licensee who fails to make the required report.
This bill, with regard to obtaining written informed consent for general anesthesia or conscious sedation in the case of a minor, would require that the written informed consent include specified information regarding anesthesia, as provided. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
This act shall be known, and may be cited, as “Caleb’s Law.”
SEC. 2.
It is the Legislature’s intent, to the extent that funds are appropriated for this purpose, that the board encourage all dental sedation providers in California to submit data regarding pediatric sedation events to a pediatric sedation research database maintained by a nonprofit organization. It is the goal of the Legislature that the data submitted will be used to formulate a systems-based approach to improve the quality of services provided to pediatric dental anesthesia patients in outpatient settings.
SEC. 3.
Section 1601.4 is added to the Business and Professions Code, to read:
1601.4.
(a) On or before January 1, 2017, the board shall provide to the Legislature a report on whether current statutes and regulations for the administration and monitoring of pediatric anesthesia in dentistry provide adequate protection for pediatric dental patients. The report shall be submitted in compliance with Section 9795 of the Government Code. The requirement for submitting a report imposed by this subdivision is inoperative on December 1, 2021, pursuant to Section 10231.5 of the Government Code. The board shall make the report publicly available on the board’s Internet Web site.
(b) The board shall provide a report on pediatric deaths related to general anesthesia in dentistry at the time of its sunset review pursuant to subdivision (d) of Section 1601.1.
SEC. 4.
Section 1680 of the Business and Professions Code is amended to read:
1680.
Unprofessional conduct by a person licensed under this chapter is defined as, but is not limited to, any one of the following:
(a) The obtaining of any fee by fraud or misrepresentation.
(b) The employment directly or indirectly of any student or suspended or unlicensed dentist to practice dentistry as defined in this chapter.
(c) The aiding or abetting of any unlicensed person to practice dentistry.
(d) The aiding or abetting of a licensed person to practice dentistry unlawfully.
(e) The committing of any act or acts of sexual abuse, misconduct, or relations with a patient that are substantially related to the practice of dentistry.
(f) The use of any false, assumed, or fictitious name, either as an individual, firm, corporation, or otherwise, or any name other than the name under which he or she is licensed to practice, in advertising or in any other manner indicating that he or she is practicing or will practice dentistry, except that name as is specified in a valid permit issued pursuant to Section 1701.5.
(g) The practice of accepting or receiving any commission or the rebating in any form or manner of fees for professional services, radiograms, prescriptions, or other services or articles supplied to patients.
(h) The making use by the licensee or any agent of the licensee of any advertising statements of a character tending to deceive or mislead the public.
(i) The advertising of either professional superiority or the advertising of performance of professional services in a superior manner. This subdivision shall not prohibit advertising permitted by subdivision (h) of Section 651.
(j) The employing or the making use of solicitors.
(k) The advertising in violation of Section 651.
(l) The advertising to guarantee any dental service, or to perform any dental operation painlessly. This subdivision shall not prohibit advertising permitted by Section 651.
(m) The violation of any of the provisions of law regulating the procurement, dispensing, or administration of dangerous drugs, as defined in Chapter 9 (commencing with Section 4000) or controlled substances, as defined in Division 10 (commencing with Section 11000) of the Health and Safety Code.
(n) The violation of any of the provisions of this division.
(o) The permitting of any person to operate dental radiographic equipment who has not met the requirements of Section 1656.
(p) The clearly excessive prescribing or administering of drugs or treatment, or the clearly excessive use of diagnostic procedures, or the clearly excessive use of diagnostic or treatment facilities, as determined by the customary practice and standards of the dental profession.
Any person who violates this subdivision is guilty of a misdemeanor and shall be punished by a fine of not less than one hundred dollars ($100) or more than six hundred dollars ($600), or by imprisonment for a term of not less than 60 days or more than 180 days, or by both a fine and imprisonment.
(q) The use of threats or harassment against any patient or licensee for providing evidence in any possible or actual disciplinary action, or other legal action; or the discharge of an employee primarily based on the employee’s attempt to comply with the provisions of this chapter or to aid in the compliance.
(r) Suspension or revocation of a license issued, or discipline imposed, by another state or territory on grounds that would be the basis of discipline in this state.
(s) The alteration of a patient’s record with intent to deceive.
(t) Unsanitary or unsafe office conditions, as determined by the customary practice and standards of the dental profession.
(u) The abandonment of the patient by the licensee, without written notice to the patient that treatment is to be discontinued and before the patient has ample opportunity to secure the services of another dentist, registered dental hygienist, registered dental hygienist in alternative practice, or registered dental hygienist in extended functions and provided the health of the patient is not jeopardized.
(v) The willful misrepresentation of facts relating to a disciplinary action to the patients of a disciplined licensee.
(w) Use of fraud in the procurement of any license issued pursuant to this chapter.
(x) Any action or conduct that would have warranted the denial of the license.
(y) The aiding or abetting of a licensed dentist, dental assistant, registered dental assistant, registered dental assistant in extended functions, dental sedation assistant permitholder, orthodontic assistant permitholder, registered dental hygienist, registered dental hygienist in alternative practice, or registered dental hygienist in extended functions to practice dentistry in a negligent or incompetent manner.
(z) (1) The failure to report to the board in writing within seven days any of the following: (A) the death of his or her patient during the performance of any dental or dental hygiene procedure; (B) the discovery of the death of a patient whose death is related to a dental or dental hygiene procedure performed by him or her; or (C) except for a scheduled hospitalization, the removal to a hospital or emergency center for medical treatment of any patient to whom oral conscious sedation, conscious sedation, or general anesthesia was administered, or any patient as a result of dental or dental hygiene treatment. With the exception of patients to whom oral conscious sedation, conscious sedation, or general anesthesia was administered, removal to a hospital or emergency center that is the normal or expected treatment for the underlying dental condition is not required to be reported. Upon receipt of a report pursuant to this subdivision the board may conduct an inspection of the dental office if the board finds that it is necessary. A dentist shall report to the board all deaths occurring in his or her practice with a copy sent to the Dental Hygiene Committee of California if the death was the result of treatment by a registered dental hygienist, registered dental hygienist in alternative practice, or registered dental hygienist in extended functions. A registered dental hygienist, registered dental hygienist in alternative practice, or registered dental hygienist in extended functions shall report to the Dental Hygiene Committee of California all deaths occurring as the result of dental hygiene treatment, and a copy of the notification shall be sent to the board.
(2) The report required by this subdivision shall be on a form or forms approved by the board. The form or forms approved by the board shall require the licensee to include, but not be limited to, the following information for cases in which patients received anesthesia: the date of the procedure; the patient’s age in years and months, weight, and sex; the patient’s American Society of Anesthesiologists (ASA) physical status; the patient’s primary diagnosis; the patient’s coexisting diagnoses; the procedures performed; the sedation setting; the medications used; the monitoring equipment used; the category of the provider responsible for sedation oversight; the category of the provider delivering sedation; the category of the provider monitoring the patient during sedation; whether the person supervising the sedation performed one or more of the procedures; the planned airway management; the planned depth of sedation; the complications that occurred; a description of what was unexpected about the airway management; whether there was transportation of the patient during sedation; the category of the provider conducting resuscitation measures; and the resuscitation equipment utilized. Disclosure of individually identifiable patient information shall be consistent with applicable law. A report required by this subdivision shall not be admissible in any action brought by a patient of the licensee providing the report.
(3) For the purposes of paragraph (2), categories of provider are: General Dentist, Pediatric Dentist, Oral Surgeon, Dentist Anesthesiologist, Physician Anesthesiologist, Dental Assistant, Registered Dental Assistant, Dental Sedation Assistant, Registered Nurse, Certified Registered Nurse Anesthetist, or Other.
(4) The form shall state that this information shall not be considered an admission of guilt, but is for educational, data, or investigative purposes.
(5) The board may assess a penalty on any licensee who fails to report an instance of an adverse event as required by this subdivision. The licensee may dispute the failure to file within 10 days of receiving notice that the board had assessed a penalty against the licensee.
(aa) Participating in or operating any group advertising and referral services that are in violation of Section 650.2.
(ab) The failure to use a fail-safe machine with an appropriate exhaust system in the administration of nitrous oxide. The board shall, by regulation, define what constitutes a fail-safe machine.
(ac) Engaging in the practice of dentistry with an expired license.
(ad) Except for good cause, the knowing failure to protect patients by failing to follow infection control guidelines of the board, thereby risking transmission of bloodborne infectious diseases from dentist, dental assistant, registered dental assistant, registered dental assistant in extended functions, dental sedation assistant permitholder, orthodontic assistant permitholder, registered dental hygienist, registered dental hygienist in alternative practice, or registered dental hygienist in extended functions to patient, from patient to patient, and from patient to dentist, dental assistant, registered dental assistant, registered dental assistant in extended functions, dental sedation assistant permitholder, orthodontic assistant permitholder, registered dental hygienist, registered dental hygienist in alternative practice, or registered dental hygienist in extended functions. In administering this subdivision, the board shall consider referencing the standards, regulations, and guidelines of the State Department of Public Health developed pursuant to Section 1250.11 of the Health and Safety Code and the standards, guidelines, and regulations pursuant to the California Occupational Safety and Health Act of 1973 (Part 1 (commencing with Section 6300) of Division 5 of the Labor Code) for preventing the transmission of HIV, hepatitis B, and other blood-borne pathogens in health care settings. The board shall review infection control guidelines, if necessary, on an annual basis and proposed changes shall be reviewed by the Dental Hygiene Committee of California to establish a consensus. The committee shall submit any recommended changes to the infection control guidelines for review to establish a consensus. As necessary, the board shall consult with the Medical Board of California, the California Board of Podiatric Medicine, the Board of Registered Nursing, and the Board of Vocational Nursing and Psychiatric Technicians, to encourage appropriate consistency in the implementation of this subdivision.
The board shall seek to ensure that all appropriate dental personnel are informed of the responsibility to follow infection control guidelines, and of the most recent scientifically recognized safeguards for minimizing the risk of transmission of bloodborne infectious diseases.
(ae) The utilization by a licensed dentist of any person to perform the functions of any registered dental assistant, registered dental assistant in extended functions, dental sedation assistant permitholder, orthodontic assistant permitholder, registered dental hygienist, registered dental hygienist in alternative practice, or registered dental hygienist in extended functions who, at the time of initial employment, does not possess a current, valid license or permit to perform those functions.
(af) The prescribing, dispensing, or furnishing of dangerous drugs or devices, as defined in Section 4022, in violation of Section 2242.1.
SEC. 5.
Section 1682 of the Business and Professions Code is amended to read:
1682.
In addition to other acts constituting unprofessional conduct under this chapter, it is unprofessional conduct for:
(a) Any dentist performing dental procedures to have more than one patient undergoing conscious sedation or general anesthesia on an outpatient basis at any given time unless each patient is being continuously monitored on a one-to-one ratio while sedated by either the dentist or another licensed health professional authorized by law to administer conscious sedation or general anesthesia.
(b) Any dentist with patients recovering from conscious sedation or general anesthesia to fail to have the patients closely monitored by licensed health professionals experienced in the care and resuscitation of patients recovering from conscious sedation or general anesthesia. If one licensed professional is responsible for the recovery care of more than one patient at a time, all of the patients shall be physically in the same room to allow continuous visual contact with all patients and the patient to recovery staff ratio should not exceed three to one.
(c) Any dentist with patients who are undergoing conscious sedation to fail to have these patients continuously monitored during the dental procedure with a pulse oximeter or similar or superior monitoring equipment required by the board.
(d) Any dentist with patients who are undergoing conscious sedation to have dental office personnel directly involved with the care of those patients who are not certified in basic cardiac life support (CPR) and recertified biennially.
(e) (1) Any dentist to fail to obtain the written informed consent of a patient prior to administering general anesthesia or conscious sedation. In the case of a minor, the consent shall be obtained from the child’s parent or guardian.
(2) The written informed consent, in the case of a minor, shall include, but not be limited to, the following information:
“The administration and monitoring of general anesthesia may vary depending on the type of procedure, the type of practitioner, the age and health of the patient, and the setting in which anesthesia is provided. Risks may vary with each specific situation. You are encouraged to explore all the options available for your child’s anesthesia for his or her dental treatment, and consult with your dentist or pediatrician as needed.”
(3) Nothing in this subdivision shall be construed to establish the reasonable standard of care for administering or monitoring oral conscious sedation, conscious sedation, or general anesthesia.
### Summary:
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The people of the State of California do enact as follows:
SECTION 1.
Section 44253.4 of the Education Code is amended to read:
44253.4.
(a) The commission shall issue an authorization for a teacher to provide all of the following services to limited-English-proficient pupils:
(1) Instruction for English language development in preschool, kindergarten, grades 1 to 12, inclusive, and classes organized primarily for adults, except when the requirement specified in paragraph (1) of subdivision (b) is satisfied by the possession of a children’s center instructional permit pursuant to Sections 8363 and 44252.7, a children’s center supervision permit pursuant to Section 8363, or a designated subjects teaching credential in adult education pursuant to Section 44260.2. If the requirement specified in paragraph (1) of subdivision (b) is satisfied by the possession of a children’s center instructional permit, or a children’s center supervision permit, then instruction for English language development shall be limited to the programs authorized by that permit. If the requirement specified in paragraph (1) of subdivision (b) is satisfied by the possession of a designated subjects teaching credential in adult education, then instruction for English language development shall be limited to classes organized primarily for adults.
(2) Specially designed content instruction delivered in English in the subjects and at the levels authorized by the teacher’s prerequisite credential or permit used to satisfy the requirement specified in paragraph (1) of subdivision (b).
(3) Content instruction delivered in the pupil’s primary language in the subjects and at the levels authorized by the teacher’s prerequisite credential or permit used to satisfy the requirement specified in paragraph (1) of subdivision (b).
(4) Instruction for primary language development in preschool, kindergarten, grades 1 to 12, inclusive, and classes organized primarily for adults, except when the requirement specified in paragraph (1) of subdivision (b) is satisfied by the possession of a children’s center instructional permit, a children’s center supervision permit, or a designated subjects teaching credential in adult education. If the requirement specified in paragraph (1) of subdivision (b) is satisfied by the possession of a children’s center instructional permit or a children’s center supervision permit, then instruction for primary language development is limited to the programs authorized by that permit. If the requirement specified in paragraph (1) of subdivision (b) is satisfied by the possession of a designated subjects teaching credential in adult education, then instruction for primary language development is limited to classes organized primarily for adults.
(b) The minimum requirements for the authorization, which may be completed at the same time as the initial preparation for the prerequisite credential or at a later date, shall include both of the following:
(1) Possession of a valid California teaching credential, services credential, visiting faculty permit, children’s center instructional permit, or children’s center supervision permit which credential or permit authorizes the holder to provide instruction to pupils in preschool, kindergarten, any of grades 1 to 12, inclusive, or classes primarily organized for adults, except for the following:
(A) Emergency credentials or permits.
(B) Exchange credentials as specified in Section 44333.
(C) District intern credentials as specified in Section 44325.
(D) Sojourn certificated employee credentials as specified in Section 44856.
(E) Teacher education internship credentials as specified in Article 3 (commencing with Section 44450) of Chapter 3.
(2) Passage of one or more examinations, or by completing an approved program that consists of coursework or a combination of coursework and examinations, that the commission determines is necessary for demonstrating the knowledge, skills, and language proficiency required for effective delivery of the services included in the authorization.
(c) To earn the authorization, teachers who hold the authorization described in Section 44253.3, or in Article 3.5 (commencing with Section 44475) of Chapter 3, as that section and that article existed on December 31, 1992, shall not be required to pass examinations that primarily assess the skills and knowledge necessary for effective delivery of the services included in the authorizations they possess.
(d) The authorization shall remain valid as long as the prerequisite credential or permit specified in paragraph (1) of subdivision (b) remains valid.
(e) The commission initially shall issue authorizations for languages spoken by the largest numbers of limited-English-proficient pupils for which there are reasonable numbers of teachers or potential teachers who speak those languages. The commission shall explore alternative ways to make authorizations available for other languages.
(f) A teacher who possesses a credential or permit described in paragraph (1) of subdivision (b) and who is able to present a valid out-of-state credential or certificate that authorizes content instruction delivered in a pupil’s primary language may qualify for the authorization issued pursuant to this section by submitting an application and a fee to the commission. | Existing law requires the Commission on Teacher Credentialing to issue authorizations for a teacher to provide specific services to limited-English-proficient pupils, if certain minimum requirements are met.
This bill would provide that a teacher who possesses any of several specified California credentials or permits, and who is able to present a valid out-of-state credential or certificate that authorizes content instruction delivered in a pupil’s primary language, may qualify for that authorization by submitting an application and a fee to the commission. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
Section 44253.4 of the Education Code is amended to read:
44253.4.
(a) The commission shall issue an authorization for a teacher to provide all of the following services to limited-English-proficient pupils:
(1) Instruction for English language development in preschool, kindergarten, grades 1 to 12, inclusive, and classes organized primarily for adults, except when the requirement specified in paragraph (1) of subdivision (b) is satisfied by the possession of a children’s center instructional permit pursuant to Sections 8363 and 44252.7, a children’s center supervision permit pursuant to Section 8363, or a designated subjects teaching credential in adult education pursuant to Section 44260.2. If the requirement specified in paragraph (1) of subdivision (b) is satisfied by the possession of a children’s center instructional permit, or a children’s center supervision permit, then instruction for English language development shall be limited to the programs authorized by that permit. If the requirement specified in paragraph (1) of subdivision (b) is satisfied by the possession of a designated subjects teaching credential in adult education, then instruction for English language development shall be limited to classes organized primarily for adults.
(2) Specially designed content instruction delivered in English in the subjects and at the levels authorized by the teacher’s prerequisite credential or permit used to satisfy the requirement specified in paragraph (1) of subdivision (b).
(3) Content instruction delivered in the pupil’s primary language in the subjects and at the levels authorized by the teacher’s prerequisite credential or permit used to satisfy the requirement specified in paragraph (1) of subdivision (b).
(4) Instruction for primary language development in preschool, kindergarten, grades 1 to 12, inclusive, and classes organized primarily for adults, except when the requirement specified in paragraph (1) of subdivision (b) is satisfied by the possession of a children’s center instructional permit, a children’s center supervision permit, or a designated subjects teaching credential in adult education. If the requirement specified in paragraph (1) of subdivision (b) is satisfied by the possession of a children’s center instructional permit or a children’s center supervision permit, then instruction for primary language development is limited to the programs authorized by that permit. If the requirement specified in paragraph (1) of subdivision (b) is satisfied by the possession of a designated subjects teaching credential in adult education, then instruction for primary language development is limited to classes organized primarily for adults.
(b) The minimum requirements for the authorization, which may be completed at the same time as the initial preparation for the prerequisite credential or at a later date, shall include both of the following:
(1) Possession of a valid California teaching credential, services credential, visiting faculty permit, children’s center instructional permit, or children’s center supervision permit which credential or permit authorizes the holder to provide instruction to pupils in preschool, kindergarten, any of grades 1 to 12, inclusive, or classes primarily organized for adults, except for the following:
(A) Emergency credentials or permits.
(B) Exchange credentials as specified in Section 44333.
(C) District intern credentials as specified in Section 44325.
(D) Sojourn certificated employee credentials as specified in Section 44856.
(E) Teacher education internship credentials as specified in Article 3 (commencing with Section 44450) of Chapter 3.
(2) Passage of one or more examinations, or by completing an approved program that consists of coursework or a combination of coursework and examinations, that the commission determines is necessary for demonstrating the knowledge, skills, and language proficiency required for effective delivery of the services included in the authorization.
(c) To earn the authorization, teachers who hold the authorization described in Section 44253.3, or in Article 3.5 (commencing with Section 44475) of Chapter 3, as that section and that article existed on December 31, 1992, shall not be required to pass examinations that primarily assess the skills and knowledge necessary for effective delivery of the services included in the authorizations they possess.
(d) The authorization shall remain valid as long as the prerequisite credential or permit specified in paragraph (1) of subdivision (b) remains valid.
(e) The commission initially shall issue authorizations for languages spoken by the largest numbers of limited-English-proficient pupils for which there are reasonable numbers of teachers or potential teachers who speak those languages. The commission shall explore alternative ways to make authorizations available for other languages.
(f) A teacher who possesses a credential or permit described in paragraph (1) of subdivision (b) and who is able to present a valid out-of-state credential or certificate that authorizes content instruction delivered in a pupil’s primary language may qualify for the authorization issued pursuant to this section by submitting an application and a fee to the commission.
### Summary:
The people of the State of California do enact as follows:
SECTION 1.
Section 44253.4 of the Education Code is |
The people of the State of California do enact as follows:
SECTION 1.
This act shall be known, and may be cited, as the California Heritage Protection Act.
SEC. 2.
The Legislature finds and declares all of the following:
(a) National, state, and regional parks serve the public interest, benefit California, and very often reflect historic significance that earlier generations of Californians have attached to these sites.
(b) Yosemite National Park, located in California, is one of the most important and majestic parks in the United States and is filled with historic landmarks built several decades ago. The historic nature of these landmarks as California heirloom destinations is demonstrated by topographic maps of the Yosemite Valley, dating back to the 1950s, which include these venues.
(c) The Ahwahnee Hotel was built in the 1920s with a backdrop of Half Dome. It was placed on the National Register of Historic Places in 1977.
(d) Curry Village, in the Yosemite Valley, is named after a San Francisco Bay area couple who established a summer camp there in 1899. It was placed on the National Register of Historic Places in 1979.
(e) The Wawona Hotel is a complex of seven buildings in the southwest corner of Yosemite National Park. The first building, then named “Long White,” was originally constructed in 1876. The main hotel building originally opened in 1879. It was placed on the National Register of Historic Places in 1975.
(f) California state park venues are held in public trust for the people of California. A legal claim by an individual to have a trademark right to a name or names associated with a venue within a state park derogates the interests of California and the shared history of Californians, and it is indicative of a lack of the individual’s fitness to serve as a steward of the state’s cherished cultural heritage and places.
(g) An agreement entered into by any California state agency that compromises the interests of Californians is “ultra vires” and therefore beyond that agency’s legal authority to enter.
(h) It is important that the Legislature clarify that an awarded concession contract within California’s state parks does not give the concessionaire a trademark right to the name or names associated with a state park venue or its historical, cultural, or recreational resources. Furthermore, a concessionaire who makes a legal claim to have that trademark right should be disqualified from further consideration as a bidder.
SEC. 3.
Section 5080.05 of the Public Resources Code is amended to read:
5080.05.
(a) Except as provided in Section 5080.16, all contracts authorizing occupancy of any portion of the state park system for a period of more than two years shall be awarded to the best responsible bidder.
(b) “Best responsible bidder” means the bidder, as determined by specific standards established by the department, that, as determined by the department, will operate the concession (1) consistent with the contract, (2) in a manner fully compatible with, and complementary to, the characteristics, features, and theme of the unit in which the concession will be operated, (3) in the best interests of the state and public, and (4) in a manner that protects the state’s trademark and service mark rights in the names associated with a state park venue and its historical, cultural, and recreational resources. For purposes of this section, a bidder who would be subject to subdivision (b) of Section 5080.22 is not a best responsible bidder.
SEC. 4.
Section 5080.18 of the Public Resources Code is amended to read:
5080.18.
A concession contract entered into pursuant to this article shall contain, but is not limited to, all of the following provisions:
(a) (1) The maximum term shall be 10 years, except that a term of more than 10 years may be provided if the director determines that the longer term is necessary to allow the concessionaire to amortize improvements made by the concessionaire, to facilitate the full utilization of a structure that is scheduled by the department for replacement or redevelopment, or to serve the best interests of the state. The term shall not exceed 20 years without specific authorization by statute. Except as provided in Section 5080.16, all renewals of concession contracts pursuant to this paragraph shall be subject to competitive bidding requirements.
(2) The maximum term shall be 50 years if the concession contract is for the construction, development, and operation of multiple-unit lodging facilities equipped with full amenities, including plumbing and electrical, that is anticipated to exceed an initial cost of one million five hundred thousand dollars ($1,500,000) in capital improvements in order to begin operation. The term for a concession contract described in this paragraph shall not exceed 50 years without specific authorization by statute. Except as provided in Section 5080.16, all renewals of concession contracts pursuant to this paragraph shall be subject to competitive bidding requirements.
(3) Notwithstanding paragraph (1), a concession agreement at Will Rogers State Beach executed prior to December 31, 1997, including, but not limited to, an agreement signed pursuant to Section 25907 of the Government Code, may be extended to exceed 20 years in total length without specific authorization by statute, upon approval by the director and pursuant to a determination by the director that the longer term is necessary to allow the concessionaire to amortize improvements made by the concessionaire that are anticipated to exceed one million five hundred thousand dollars ($1,500,000) in capital improvements. Any extensions granted pursuant to this paragraph shall not be for more than 15 years.
(b) Every concessionaire shall submit to the department all sales and use tax returns and, at the request of the department, provide an annual financial statement prepared or audited by a certified public accountant.
(c) Every concession shall be subject to audit by the department.
(d) A performance bond shall be obtained and maintained by the concessionaire. In lieu of a bond, the concessionaire may substitute a deposit of funds acceptable to the department. Interest on the deposit shall accrue to the concessionaire.
(e) The concessionaire shall obtain and maintain in force at all times a policy of liability insurance in an amount adequate for the nature and extent of public usage of the concession and naming the state as an additional insured.
(f) Any discrimination by the concessionaire or his or her agents or employees against any person because of the marital status or ancestry of that person or any characteristic listed or defined in Section 11135 of the Government Code is prohibited.
(g) To be effective, any modification of the concession contract shall be evidenced in writing.
(h) Whenever a concession contract is terminated for substantial breach, there shall be no obligation on the part of the state to purchase any improvements made by the concessionaire.
(i) If a concessionaire makes a legal claim or assertion to have a trademark or service mark interest in violation of subdivision (a) of Section 5080.22, the concessionaire shall forfeit the right to bid on future state park concession contracts to the extent authorized by federal law.
(j) If a current or former concessionaire in bad faith files a federal or state trademark or service mark application for a trademark or service mark that incorporates or implies an association with a state park venue, or its historical, cultural, or recreational resources, and the state files a successful opposition or cancellation with respect to that trademark or service mark application, the concessionaire shall be responsible for the state’s attorney fees, costs, and expenses associated with that opposition or cancellation.
SEC. 4.5.
Section 5080.18 of the Public Resources Code is amended to read:
5080.18.
A concession contract entered into pursuant to this article shall contain, but is not limited to, all of the following provisions:
(a) (1) The maximum term shall be 10 years, except that a term of more than 10 years may be provided if the director determines that the longer term is necessary to allow the concessionaire to amortize improvements made by the concessionaire, to facilitate the full utilization of a structure that is scheduled by the department for replacement or redevelopment, or to serve the best interests of the state. The term shall not exceed 20 years without specific authorization by statute. Except as provided in Section 5080.16, all renewals of concession contracts pursuant to this paragraph shall be subject to competitive bidding requirements.
(2) The maximum term shall be 50 years if the concession contract is for the construction, development, and operation of multiple-unit lodging facilities equipped with full amenities, including plumbing and electrical, that is anticipated to exceed an initial cost of one million five hundred thousand dollars ($1,500,000) in capital improvements in order to begin operation. The term for a concession contract described in this paragraph shall not exceed 50 years without specific authorization by statute. Except as provided in Section 5080.16, all renewals of concession contracts pursuant to this paragraph shall be subject to competitive bidding requirements.
(3) Notwithstanding paragraph (1), a concession agreement at Will Rogers State Beach may be may be awarded for up to 50 years in length without specific authorization by statute, upon approval by the director and pursuant to a determination by the director that the longer term is necessary to allow the concessionaire to amortize improvements made by the concessionaire that are anticipated to exceed one million five hundred thousand dollars ($1,500,000) in capital improvements.
(b) Every concessionaire shall submit to the department all sales and use tax returns and, at the request of the department, provide an annual financial statement prepared or audited by a certified public accountant.
(c) Every concession shall be subject to audit by the department.
(d) A performance bond shall be obtained and maintained by the concessionaire. In lieu of a bond, the concessionaire may substitute a deposit of funds acceptable to the department. Interest on the deposit shall accrue to the concessionaire.
(e) The concessionaire shall obtain and maintain in force at all times a policy of liability insurance in an amount adequate for the nature and extent of public usage of the concession and naming the state as an additional insured.
(f) Any discrimination by the concessionaire or his or her agents or employees against any person because of the marital status or ancestry of that person or any characteristic listed or defined in Section 11135 of the Government Code is prohibited.
(g) To be effective, any modification of the concession contract shall be evidenced in writing.
(h) Whenever a concession contract is terminated for substantial breach, there shall be no obligation on the part of the state to purchase any improvements made by the concessionaire.
(i) If a concessionaire makes a legal claim or assertion to have a trademark or service mark interest in violation of subdivision (a) of Section 5080.22, the concessionaire shall forfeit the right to bid on future state park concession contracts to the extent authorized by federal law.
(j) If a current or former concessionaire in bad faith files a federal or state trademark or service mark application for a trademark or service mark that incorporates or implies an association with a state park venue, or its historical, cultural, or recreational resources, and the state files a successful opposition or cancellation with respect to that trademark or service mark application, the concessionaire shall be responsible for the state’s attorney fees, costs, and expenses associated with that opposition or cancellation.
SEC. 5.
Section 5080.22 is added to the Public Resources Code, to read:
5080.22.
(a) (1) A concession contract awarded pursuant to Section 5080.05, 5080.16, or 5080.23 shall not provide the contracting party with a trademark or service mark interest in the name or names associated with a state park venue, or its historical, cultural, or recreational resources, and shall not serve as the basis for any legal claim that the contracting party has that interest.
(2) This subdivision does not constitute a change in, but is declaratory of, existing law.
(b) To the extent consistent with federal law, a bidder shall not be awarded a contract pursuant to Section 5080.05, 5080.16, or 5080.23 if either of the following applies:
(1) The bidder has made a legal claim or assertion to have a trademark or service mark interest in violation of subdivision (a).
(2) A court has determined that the bidder has made a legal claim or assertion to have a trademark or service mark interest in the name or names associated with a state or federal park venue, or its historical, cultural, or recreational resources, without reasonable cause and in bad faith.
(c) The department shall adopt regulations to provide a bidder who is denied a contract award based on subdivision (b) with written notice of that denial and an opportunity to rebut the basis for the contract denial at a formal hearing.
(d) Commencing January 1, 2017, a provision of a contract or other agreement entered into pursuant to Section 5080.05, 5080.16, or 5080.23 that violates subdivision (a) shall be void and unenforceable.
(e) This section shall not be construed to impact a contracting party’s valid trademark or service mark rights that were held before the concession contract was awarded.
SEC. 6.
Section 4.5 of this bill incorporates amendments to Section 5080.18 of the Public Resources Code proposed by both this bill and Senate Bill 1473. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 5080.18 of the Public Resources Code, and (3) this bill is enacted after Senate Bill 1473, in which case Section 4 of this bill shall not become operative. | Existing law establishes the Department of Parks and Recreation and vests the department with the control of the state park system. Existing law authorizes the Director of Parks and Recreation to negotiate or renegotiate a concession contract within state parks if specified conditions exist and generally requires that a concession contract within state parks for a period of more than 2 years be awarded to the best responsible bidder.
This bill would enact the California Heritage Protection Act, which would make various changes to the process for negotiating or renegotiating state parks concession contracts. The bill would modify the definition of a best responsible bidder to include that the bidder, among other things, will operate the concession in a manner that protects the state’s trademark and service mark interest in the names associated with a state park venue and its historical, cultural, and recreational resources.
This bill would prohibit a concession contract from providing a contracting party with a trademark or service mark interest in the name or names associated with a state park venue, or its historical, cultural, or recreational resources, and would prohibit a concession contract from serving as the basis for any legal claim that the contracting party has that interest. The bill would declare that these provisions do not constitute a change in, but are declaratory of, existing law. The bill would prohibit a bidder who makes that legal claim or assertion, and a bidder who a court has determined has made that legal claim or assertion with respect to a state or federal park venue without reasonable cause and in bad faith, from being awarded a concession contract within state parks. The bill would require the department to adopt regulations to provide a bidder who is denied a contract award based on these reasons with written notice and an opportunity to rebut the basis of the contract denial at a formal hearing. The bill would render a provision of a concession contract that, on and after January 1, 2017, provides a contracting party with a trademark or service mark interest in the name or names associated with a state park venue, or its historical, cultural, or recreational resources, void and unenforceable.
This bill would require a concession contract to contain provisions requiring the concessionaire to forfeit the right to bid on future state park concession contracts if the concessionaire makes the above-described legal claim or assertion and requiring a concessionaire to be responsible for the state’s attorney fees, costs, and expenses if the concessionaire in bad faith files a federal or state trademark or service mark application for a trademark or service mark that incorporates or implies association with a state park venue, or its historical, cultural, or recreational resources, and the state files a successful opposition or cancellation of the trademark or service mark application.
This bill would incorporate additional changes to Section 5080.18 of the Public Resources Code proposed by SB 1473 to be operative only if SB 1473 and this bill are chaptered and become effective on or before January 1, 2017, and this bill is chaptered last. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
This act shall be known, and may be cited, as the California Heritage Protection Act.
SEC. 2.
The Legislature finds and declares all of the following:
(a) National, state, and regional parks serve the public interest, benefit California, and very often reflect historic significance that earlier generations of Californians have attached to these sites.
(b) Yosemite National Park, located in California, is one of the most important and majestic parks in the United States and is filled with historic landmarks built several decades ago. The historic nature of these landmarks as California heirloom destinations is demonstrated by topographic maps of the Yosemite Valley, dating back to the 1950s, which include these venues.
(c) The Ahwahnee Hotel was built in the 1920s with a backdrop of Half Dome. It was placed on the National Register of Historic Places in 1977.
(d) Curry Village, in the Yosemite Valley, is named after a San Francisco Bay area couple who established a summer camp there in 1899. It was placed on the National Register of Historic Places in 1979.
(e) The Wawona Hotel is a complex of seven buildings in the southwest corner of Yosemite National Park. The first building, then named “Long White,” was originally constructed in 1876. The main hotel building originally opened in 1879. It was placed on the National Register of Historic Places in 1975.
(f) California state park venues are held in public trust for the people of California. A legal claim by an individual to have a trademark right to a name or names associated with a venue within a state park derogates the interests of California and the shared history of Californians, and it is indicative of a lack of the individual’s fitness to serve as a steward of the state’s cherished cultural heritage and places.
(g) An agreement entered into by any California state agency that compromises the interests of Californians is “ultra vires” and therefore beyond that agency’s legal authority to enter.
(h) It is important that the Legislature clarify that an awarded concession contract within California’s state parks does not give the concessionaire a trademark right to the name or names associated with a state park venue or its historical, cultural, or recreational resources. Furthermore, a concessionaire who makes a legal claim to have that trademark right should be disqualified from further consideration as a bidder.
SEC. 3.
Section 5080.05 of the Public Resources Code is amended to read:
5080.05.
(a) Except as provided in Section 5080.16, all contracts authorizing occupancy of any portion of the state park system for a period of more than two years shall be awarded to the best responsible bidder.
(b) “Best responsible bidder” means the bidder, as determined by specific standards established by the department, that, as determined by the department, will operate the concession (1) consistent with the contract, (2) in a manner fully compatible with, and complementary to, the characteristics, features, and theme of the unit in which the concession will be operated, (3) in the best interests of the state and public, and (4) in a manner that protects the state’s trademark and service mark rights in the names associated with a state park venue and its historical, cultural, and recreational resources. For purposes of this section, a bidder who would be subject to subdivision (b) of Section 5080.22 is not a best responsible bidder.
SEC. 4.
Section 5080.18 of the Public Resources Code is amended to read:
5080.18.
A concession contract entered into pursuant to this article shall contain, but is not limited to, all of the following provisions:
(a) (1) The maximum term shall be 10 years, except that a term of more than 10 years may be provided if the director determines that the longer term is necessary to allow the concessionaire to amortize improvements made by the concessionaire, to facilitate the full utilization of a structure that is scheduled by the department for replacement or redevelopment, or to serve the best interests of the state. The term shall not exceed 20 years without specific authorization by statute. Except as provided in Section 5080.16, all renewals of concession contracts pursuant to this paragraph shall be subject to competitive bidding requirements.
(2) The maximum term shall be 50 years if the concession contract is for the construction, development, and operation of multiple-unit lodging facilities equipped with full amenities, including plumbing and electrical, that is anticipated to exceed an initial cost of one million five hundred thousand dollars ($1,500,000) in capital improvements in order to begin operation. The term for a concession contract described in this paragraph shall not exceed 50 years without specific authorization by statute. Except as provided in Section 5080.16, all renewals of concession contracts pursuant to this paragraph shall be subject to competitive bidding requirements.
(3) Notwithstanding paragraph (1), a concession agreement at Will Rogers State Beach executed prior to December 31, 1997, including, but not limited to, an agreement signed pursuant to Section 25907 of the Government Code, may be extended to exceed 20 years in total length without specific authorization by statute, upon approval by the director and pursuant to a determination by the director that the longer term is necessary to allow the concessionaire to amortize improvements made by the concessionaire that are anticipated to exceed one million five hundred thousand dollars ($1,500,000) in capital improvements. Any extensions granted pursuant to this paragraph shall not be for more than 15 years.
(b) Every concessionaire shall submit to the department all sales and use tax returns and, at the request of the department, provide an annual financial statement prepared or audited by a certified public accountant.
(c) Every concession shall be subject to audit by the department.
(d) A performance bond shall be obtained and maintained by the concessionaire. In lieu of a bond, the concessionaire may substitute a deposit of funds acceptable to the department. Interest on the deposit shall accrue to the concessionaire.
(e) The concessionaire shall obtain and maintain in force at all times a policy of liability insurance in an amount adequate for the nature and extent of public usage of the concession and naming the state as an additional insured.
(f) Any discrimination by the concessionaire or his or her agents or employees against any person because of the marital status or ancestry of that person or any characteristic listed or defined in Section 11135 of the Government Code is prohibited.
(g) To be effective, any modification of the concession contract shall be evidenced in writing.
(h) Whenever a concession contract is terminated for substantial breach, there shall be no obligation on the part of the state to purchase any improvements made by the concessionaire.
(i) If a concessionaire makes a legal claim or assertion to have a trademark or service mark interest in violation of subdivision (a) of Section 5080.22, the concessionaire shall forfeit the right to bid on future state park concession contracts to the extent authorized by federal law.
(j) If a current or former concessionaire in bad faith files a federal or state trademark or service mark application for a trademark or service mark that incorporates or implies an association with a state park venue, or its historical, cultural, or recreational resources, and the state files a successful opposition or cancellation with respect to that trademark or service mark application, the concessionaire shall be responsible for the state’s attorney fees, costs, and expenses associated with that opposition or cancellation.
SEC. 4.5.
Section 5080.18 of the Public Resources Code is amended to read:
5080.18.
A concession contract entered into pursuant to this article shall contain, but is not limited to, all of the following provisions:
(a) (1) The maximum term shall be 10 years, except that a term of more than 10 years may be provided if the director determines that the longer term is necessary to allow the concessionaire to amortize improvements made by the concessionaire, to facilitate the full utilization of a structure that is scheduled by the department for replacement or redevelopment, or to serve the best interests of the state. The term shall not exceed 20 years without specific authorization by statute. Except as provided in Section 5080.16, all renewals of concession contracts pursuant to this paragraph shall be subject to competitive bidding requirements.
(2) The maximum term shall be 50 years if the concession contract is for the construction, development, and operation of multiple-unit lodging facilities equipped with full amenities, including plumbing and electrical, that is anticipated to exceed an initial cost of one million five hundred thousand dollars ($1,500,000) in capital improvements in order to begin operation. The term for a concession contract described in this paragraph shall not exceed 50 years without specific authorization by statute. Except as provided in Section 5080.16, all renewals of concession contracts pursuant to this paragraph shall be subject to competitive bidding requirements.
(3) Notwithstanding paragraph (1), a concession agreement at Will Rogers State Beach may be may be awarded for up to 50 years in length without specific authorization by statute, upon approval by the director and pursuant to a determination by the director that the longer term is necessary to allow the concessionaire to amortize improvements made by the concessionaire that are anticipated to exceed one million five hundred thousand dollars ($1,500,000) in capital improvements.
(b) Every concessionaire shall submit to the department all sales and use tax returns and, at the request of the department, provide an annual financial statement prepared or audited by a certified public accountant.
(c) Every concession shall be subject to audit by the department.
(d) A performance bond shall be obtained and maintained by the concessionaire. In lieu of a bond, the concessionaire may substitute a deposit of funds acceptable to the department. Interest on the deposit shall accrue to the concessionaire.
(e) The concessionaire shall obtain and maintain in force at all times a policy of liability insurance in an amount adequate for the nature and extent of public usage of the concession and naming the state as an additional insured.
(f) Any discrimination by the concessionaire or his or her agents or employees against any person because of the marital status or ancestry of that person or any characteristic listed or defined in Section 11135 of the Government Code is prohibited.
(g) To be effective, any modification of the concession contract shall be evidenced in writing.
(h) Whenever a concession contract is terminated for substantial breach, there shall be no obligation on the part of the state to purchase any improvements made by the concessionaire.
(i) If a concessionaire makes a legal claim or assertion to have a trademark or service mark interest in violation of subdivision (a) of Section 5080.22, the concessionaire shall forfeit the right to bid on future state park concession contracts to the extent authorized by federal law.
(j) If a current or former concessionaire in bad faith files a federal or state trademark or service mark application for a trademark or service mark that incorporates or implies an association with a state park venue, or its historical, cultural, or recreational resources, and the state files a successful opposition or cancellation with respect to that trademark or service mark application, the concessionaire shall be responsible for the state’s attorney fees, costs, and expenses associated with that opposition or cancellation.
SEC. 5.
Section 5080.22 is added to the Public Resources Code, to read:
5080.22.
(a) (1) A concession contract awarded pursuant to Section 5080.05, 5080.16, or 5080.23 shall not provide the contracting party with a trademark or service mark interest in the name or names associated with a state park venue, or its historical, cultural, or recreational resources, and shall not serve as the basis for any legal claim that the contracting party has that interest.
(2) This subdivision does not constitute a change in, but is declaratory of, existing law.
(b) To the extent consistent with federal law, a bidder shall not be awarded a contract pursuant to Section 5080.05, 5080.16, or 5080.23 if either of the following applies:
(1) The bidder has made a legal claim or assertion to have a trademark or service mark interest in violation of subdivision (a).
(2) A court has determined that the bidder has made a legal claim or assertion to have a trademark or service mark interest in the name or names associated with a state or federal park venue, or its historical, cultural, or recreational resources, without reasonable cause and in bad faith.
(c) The department shall adopt regulations to provide a bidder who is denied a contract award based on subdivision (b) with written notice of that denial and an opportunity to rebut the basis for the contract denial at a formal hearing.
(d) Commencing January 1, 2017, a provision of a contract or other agreement entered into pursuant to Section 5080.05, 5080.16, or 5080.23 that violates subdivision (a) shall be void and unenforceable.
(e) This section shall not be construed to impact a contracting party’s valid trademark or service mark rights that were held before the concession contract was awarded.
SEC. 6.
Section 4.5 of this bill incorporates amendments to Section 5080.18 of the Public Resources Code proposed by both this bill and Senate Bill 1473. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 5080.18 of the Public Resources Code, and (3) this bill is enacted after Senate Bill 1473, in which case Section 4 of this bill shall not become operative.
### Summary:
This bill amends the Public Resources Code to clarify that a concession contract awarded pursuant to Section 5080.05, 5080. |
The people of the State of California do enact as follows:
SECTION 1.
Section 301 of the Elections Code is amended to read:
301.
A “ballot” means any of the following:
(a) The combination of a card with number positions that is marked by the voter and the accompanying reference page or pages containing the names of candidates and the ballot titles of measures to be voted on with numbered positions corresponding to the numbers on the card.
(b) One or more cards upon which are printed the names of the candidates and the ballot titles of measures to be voted on by punching or marking in the designated area.
(c) One or more sheets of paper upon which are printed the names of candidates and the ballot titles of measures to be voted on by marking the designated area and that are tabulated manually or by optical scanning equipment.
(d) An electronic touchscreen upon which appears the names of candidates and ballot titles of measures to be voted on by touching the designated area on the screen for systems that do not contain a paper ballot.
SEC. 2.
Section 303.3 of the Elections Code is amended to read:
303.3.
“Remote accessible vote by mail system” means a mechanical, electromechanical, or electronic system and its software that is used for the sole purpose of marking an electronic vote by mail ballot for a voter with disabilities or a military or overseas voter who shall print the paper cast vote record to be submitted to the elections official. A remote accessible vote by mail system shall not be connected to a voting system at any time.
SEC. 3.
Section 305.5 is added to the Elections Code, to read:
305.5.
“Paper cast vote record” means an auditable document that corresponds to the selection made on the voter’s ballot and lists the contests on the ballot and the voter’s selections for those contests. A paper cast vote record is not a ballot.
SEC. 4.
Section 362 of the Elections Code is amended to read:
362.
“Voting system” means a mechanical, electromechanical, or electronic system and its software, or any combination of these used for casting a ballot, tabulating votes, or both. “Voting system” does not include a remote accessible vote by mail system.
SEC. 5.
Section 19271 of the Elections Code is amended to read:
19271.
As used in this article:
(a) “Accessible” means that the information provided on the paper cast vote record from the voter verified paper audit trail mechanism is provided or conveyed to voters via both a visual and a nonvisual method, such as through an audio component.
(b) “Direct recording electronic voting system” means a voting system that records a vote electronically and does not require or permit the voter to record his or her vote directly onto a tangible ballot.
(c) “Voter verified paper audit trail” means a paper cast vote record containing a copy of each of the voter’s selections that allows each voter to confirm his or her selections before the voter casts his or her ballot for systems that do not contain a paper ballot.
(d) “Paper cast vote record” means an auditable document that corresponds to the selection made on the voter’s ballot and lists the contests on the ballot and the voter’s selections for those contests. A paper cast vote record is not a ballot.
(e) “Parallel monitoring” means the testing of a randomly selected sampling of voting equipment on election day designed to simulate actual election conditions to confirm that the system is registering votes accurately.
SEC. 6.
The heading of Chapter 3.5 (commencing with Section 19280) of Division 19 of the Elections Code is amended to read:
CHAPTER 3.5. Certification of Remote Accessible Vote By Mail Systems
SEC. 7.
Section 19280 of the Elections Code is amended to read:
19280.
The Secretary of State shall not certify or conditionally approve a remote accessible vote by mail system, or part of a remote accessible vote by mail system, unless it fulfills the requirements of this code and the regulations of the Secretary of State.
SEC. 8.
Section 19281 of the Elections Code is amended to read:
19281.
(a) A remote accessible vote by mail system, in whole or in part, shall not be used unless it has been certified or conditionally approved by the Secretary of State prior to the election at which it is to be first used.
(b) All other uses of a remote accessible vote by mail system shall be subject to the provisions of Section 19202.
SEC. 9.
Section 19282 of the Elections Code is repealed.
SEC. 10.
Section 19283 of the Elections Code is amended to read:
19283.
(a) The Secretary of State shall adopt and publish standards and regulations governing the use of remote accessible vote by mail systems.
(b) Remote accessible vote by mail system standards adopted by the Secretary of State pursuant to subdivision (a) shall include, but not be limited to, all of the following requirements:
(1) The machine or device and its software shall be suitable for the purpose for which it is intended.
(2) The remote accessible vote by mail system shall preserve the secrecy of the ballot.
(3) The remote accessible vote by mail system shall be safe from fraud or manipulation.
(4) The remote accessible vote by mail system shall be accessible to voters with disabilities and to voters who require assistance in a language other than English if the language is one in which a ballot or ballot materials are required to be made available to voters.
SEC. 11.
Section 19284 of the Elections Code is amended to read:
19284.
(a) A person, corporation, or public agency owning or having an interest in the sale or acquisition of a remote accessible vote by mail system or a part of a remote accessible vote by mail system may apply to the Secretary of State for certification or conditional approval that includes testing and examination of the applicant’s system and a report on the findings, which shall include the accuracy and efficiency of the remote accessible vote by mail system. As part of its application, the applicant of a remote accessible vote by mail system or a part of a remote accessible vote by mail system shall notify the Secretary of State in writing of any known defect, fault, or failure of the version of the hardware, software, or firmware of the remote accessible vote by mail system or a part of the remote accessible vote by mail system submitted. The Secretary of State shall not begin his or her certification process until he or she receives a completed application from the applicant of the remote accessible vote by mail system or a part of the remote accessible vote by mail system. The applicant shall also notify the Secretary of State in writing of any defect, fault, or failure of the version of the hardware, software, or firmware of the ballot marking system or a part of the ballot marking system submitted that is discovered after the application is submitted and before the Secretary of State submits the report required by Section 19288. The Secretary of State shall complete his or her examination without undue delay.
(b) After receiving an applicant’s written notification of a defect, fault, or failure, the Secretary of State shall notify the United States Election Assistance Commission or its successor agency of the problem as soon as practicable so as to present a reasonably complete description of the problem. The Secretary of State shall subsequently submit a report regarding the problem to the United States Election Assistance Commission or its successor agency. The report shall include any report regarding the problem submitted to the Secretary of State by the applicant.
(c) As used in this chapter:
(1) “Defect” means any flaw in the hardware or documentation of a remote accessible vote by mail system that could result in a state of unfitness for use or nonconformance to the manufacturer’s specifications or applicable law.
(2) “Failure” means a discrepancy between the external results of the operation of any software or firmware in a remote accessible vote by mail system and the manufacturer’s product requirements for that software or firmware or applicable law.
(3) “Fault” means a step, process, or data definition in any software or firmware in a ballot marking system that is incorrect under the manufacturer’s program specification or applicable law.
SEC. 12.
Section 19285 of the Elections Code is amended to read:
19285.
The Secretary of State shall use a state-approved testing agency or expert technicians to examine remote accessible vote by mail systems proposed for use or sale in this state. He or she shall furnish a complete report of the findings of the examination and testing to the Governor and the Attorney General.
SEC. 13.
Section 19286 of the Elections Code is amended to read:
19286.
The person, corporation, or public agency applying for certification of a remote accessible vote by mail system is responsible for all costs associated with the testing and examination of the remote accessible vote by mail system.
SEC. 14.
Section 19287 of the Elections Code is amended to read:
19287.
(a) Prior to publishing his or her decision to certify, conditionally approve, or withhold certification of a remote accessible vote by mail system, the Secretary of State shall provide for a 30-day public review period and conduct a public hearing to give interested persons an opportunity to review testing and examination reports and express their views for or against certification or conditional approval of the remote accessible vote by mail system.
(b) The Secretary of State shall give notice of the public review period and hearing in the manner prescribed in Section 6064 of the Government Code in a newspaper of general circulation published in Sacramento County. The Secretary of State shall also provide notice of the hearing on his or her Internet Web site. The Secretary of State shall transmit written notice of the hearing, at least 14 days prior to the public review period and hearing, to each county elections official, to any person that the Secretary of State believes will be interested in the public review period and hearing, and to any person who requests, in writing, notice of the public review period and hearing.
(c) The decision of the Secretary of State to certify, conditionally approve, or withhold certification of a remote accessible vote by mail system shall be in writing and shall state the findings of the Secretary of State. The decision shall be open to public inspection.
SEC. 15.
Section 19288 of the Elections Code is amended to read:
19288.
Within 60 days after the completion of the examination of a remote accessible vote by mail system, the Secretary of State shall make publicly available a report stating whether the remote accessible vote by mail system has been certified or conditionally approved, or whether certification has been withheld.
SEC. 16.
Section 19290 of the Elections Code is amended to read:
19290.
(a) If a remote accessible vote by mail system has been certified or conditionally approved by the Secretary of State, the vendor or, in cases where the system is publicly owned, the jurisdiction shall notify the Secretary of State and all local elections officials who use the system in writing of any defect, fault, or failure of the hardware, software, or firmware of the system or a part of the system within 30 calendar days after the vendor or jurisdiction learns of the defect, fault, or failure.
(b) After receiving written notification of a defect, fault, or failure pursuant to subdivision (a), the Secretary of State shall notify the United States Election Assistance Commission or its successor agency of the problem as soon as practicable so as to present a reasonably complete description of the problem. The Secretary of State shall subsequently submit a report regarding the problem to the United States Election Assistance Commission or its successor agency. The report shall include any report regarding the problem submitted to the Secretary of State.
SEC. 17.
Section 19291 of the Elections Code is amended to read:
19291.
If a remote accessible vote by mail system has been certified or conditionally approved by the Secretary of State, it shall not be changed or modified until the Secretary of State has been notified in writing and has determined that the change or modification does not impair its accuracy and efficiency sufficient to require a reexamination and recertification or reapproval pursuant to this chapter. The Secretary of State may adopt rules and regulations governing the procedures to be followed in making his or her determination as to whether the change or modification impairs accuracy or efficiency.
SEC. 18.
Section 19292 of the Elections Code is amended to read:
19292.
The Secretary of State may seek injunctive and administrative relief if a remote accessible vote by mail system has been compromised by the addition or deletion of hardware, software, or firmware without prior approval or is defective due to a known hardware, software, or firmware defect, fault, or failure that has not been disclosed pursuant to Section 19284 or 19290.
SEC. 19.
Section 19293 of the Elections Code is amended to read:
19293.
(a) The Secretary of State may seek all of the following relief for an unauthorized change in hardware, software, or firmware in a remote accessible vote by mail system certified or conditionally approved in California:
(1) A civil penalty from the offending party or parties, not to exceed ten thousand dollars ($10,000) per violation. For purposes of this subdivision, each remote accessible vote by mail system component found to contain the unauthorized hardware, software, or firmware shall be considered a separate violation. A penalty imposed pursuant to this subdivision shall be apportioned 50 percent to the county in which the violation occurred, if applicable, and 50 percent to the office of the Secretary of State for purposes of bolstering remote accessible vote by mail system security efforts.
(2) Immediate commencement of proceedings to withdraw certification or conditional approval for the remote accessible vote by mail system in question.
(3) Prohibiting the manufacturer or vendor of a remote accessible vote by mail system from doing elections-related business in the state for one, two, or three years.
(4) Refund of all moneys paid by a local agency for a remote accessible vote by mail system or a part of a remote accessible vote by mail system that is compromised by an unauthorized change or modification, whether or not the remote accessible vote by mail system has been used in an election.
(5) Any other remedial actions authorized by law to prevent unjust enrichment of the offending party.
(b) (1) The Secretary of State may seek all of the following relief for a known but undisclosed defect, fault, or failure in a remote accessible vote by mail system or part of a remote accessible vote by mail system certified or conditionally approved in California:
(A) Refund of all moneys paid by a local agency for a remote accessible vote by mail system or part of a remote accessible vote by mail system that is defective due to a known but undisclosed defect, fault, or failure, whether or not the remote accessible vote by mail system has been used in an election.
(B) A civil penalty from the offending party or parties, not to exceed fifty thousand dollars ($50,000) per violation. For purposes of this subdivision, each defect, fault, or failure shall be considered a separate violation. A defect, fault, or failure constitutes a single violation regardless of the number of remote accessible vote by mail system units in which the defect, fault, or failure is found.
(C) In addition to any other penalties or remedies established by this section, the offending party or parties shall be liable in the amount of one thousand dollars ($1,000) per day after the applicable deadline established in Section 19290 until the required disclosure is filed with the Secretary of State.
(2) A penalty imposed pursuant to subparagraph (B) or (C) of paragraph (1) shall be deposited in the General Fund.
(c) Before seeking any measure of relief under this section, the Secretary of State shall hold a public hearing. The Secretary of State shall give notice of the hearing in the manner prescribed by Section 6064 of the Government Code in a newspaper of general circulation published in Sacramento County. The Secretary of State also shall transmit written notice of the hearing, at least 30 days prior to the hearing, to each county elections official, the offending party or parties, any persons that the Secretary of State believes will be interested in the hearing, and any persons who request, in writing, notice of the hearing.
(d) The decision of the Secretary of State to seek relief under this section shall be in writing and state his or her findings. The decision shall be open to public inspection.
SEC. 20.
Section 19294 of the Elections Code is amended to read:
19294.
(a) The Secretary of State may seek injunctive relief requiring an elections official, or any vendor or manufacturer of a remote accessible vote by mail system, to comply with the requirements of this code, the regulations of the Secretary of State, and the specifications for the ballot marking system and its software, including the programs and procedures for vote marking and testing.
(b) Venue for a proceeding under this section shall be exclusively in Sacramento County.
SEC. 21.
Section 19295 of the Elections Code is amended to read:
19295.
A remote accessible vote by mail system or part of a remote accessible vote by mail system shall not do any of the following:
(a) Have the capability, including an optional capability, to use a remote server to mark a voter’s selections transmitted to the server from the voter’s computer via the Internet.
(b) Have the capability, including an optional capability, to store any voter identifiable selections on any remote server.
(c) Have the capability, including the optional capability, to tabulate votes. | Existing law regulates the voting procedures for military or overseas voters and provides that a military or overseas voter has the right to register for, and to vote by a vote by mail ballot in, any election within the state. Existing law defines a “ballot marking system” as any mechanical, electromechanical, or electronic system and its software that is used for the sole purpose of marking a ballot for a military or overseas voter.
This bill would rename a “ballot marking system” as a “remote accessible vote by mail system.” The bill would define a “remote accessible vote by mail system” as a mechanical, electromechanical, or electronic system and its software that is used for the sole purpose of marking an electronic vote by mail ballot remotely, outside a polling location, for a voter with disabilities or a military or overseas voter who would then be required to print the paper cast vote record to be submitted to the elections official. The bill would also make conforming changes. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
Section 301 of the Elections Code is amended to read:
301.
A “ballot” means any of the following:
(a) The combination of a card with number positions that is marked by the voter and the accompanying reference page or pages containing the names of candidates and the ballot titles of measures to be voted on with numbered positions corresponding to the numbers on the card.
(b) One or more cards upon which are printed the names of the candidates and the ballot titles of measures to be voted on by punching or marking in the designated area.
(c) One or more sheets of paper upon which are printed the names of candidates and the ballot titles of measures to be voted on by marking the designated area and that are tabulated manually or by optical scanning equipment.
(d) An electronic touchscreen upon which appears the names of candidates and ballot titles of measures to be voted on by touching the designated area on the screen for systems that do not contain a paper ballot.
SEC. 2.
Section 303.3 of the Elections Code is amended to read:
303.3.
“Remote accessible vote by mail system” means a mechanical, electromechanical, or electronic system and its software that is used for the sole purpose of marking an electronic vote by mail ballot for a voter with disabilities or a military or overseas voter who shall print the paper cast vote record to be submitted to the elections official. A remote accessible vote by mail system shall not be connected to a voting system at any time.
SEC. 3.
Section 305.5 is added to the Elections Code, to read:
305.5.
“Paper cast vote record” means an auditable document that corresponds to the selection made on the voter’s ballot and lists the contests on the ballot and the voter’s selections for those contests. A paper cast vote record is not a ballot.
SEC. 4.
Section 362 of the Elections Code is amended to read:
362.
“Voting system” means a mechanical, electromechanical, or electronic system and its software, or any combination of these used for casting a ballot, tabulating votes, or both. “Voting system” does not include a remote accessible vote by mail system.
SEC. 5.
Section 19271 of the Elections Code is amended to read:
19271.
As used in this article:
(a) “Accessible” means that the information provided on the paper cast vote record from the voter verified paper audit trail mechanism is provided or conveyed to voters via both a visual and a nonvisual method, such as through an audio component.
(b) “Direct recording electronic voting system” means a voting system that records a vote electronically and does not require or permit the voter to record his or her vote directly onto a tangible ballot.
(c) “Voter verified paper audit trail” means a paper cast vote record containing a copy of each of the voter’s selections that allows each voter to confirm his or her selections before the voter casts his or her ballot for systems that do not contain a paper ballot.
(d) “Paper cast vote record” means an auditable document that corresponds to the selection made on the voter’s ballot and lists the contests on the ballot and the voter’s selections for those contests. A paper cast vote record is not a ballot.
(e) “Parallel monitoring” means the testing of a randomly selected sampling of voting equipment on election day designed to simulate actual election conditions to confirm that the system is registering votes accurately.
SEC. 6.
The heading of Chapter 3.5 (commencing with Section 19280) of Division 19 of the Elections Code is amended to read:
CHAPTER 3.5. Certification of Remote Accessible Vote By Mail Systems
SEC. 7.
Section 19280 of the Elections Code is amended to read:
19280.
The Secretary of State shall not certify or conditionally approve a remote accessible vote by mail system, or part of a remote accessible vote by mail system, unless it fulfills the requirements of this code and the regulations of the Secretary of State.
SEC. 8.
Section 19281 of the Elections Code is amended to read:
19281.
(a) A remote accessible vote by mail system, in whole or in part, shall not be used unless it has been certified or conditionally approved by the Secretary of State prior to the election at which it is to be first used.
(b) All other uses of a remote accessible vote by mail system shall be subject to the provisions of Section 19202.
SEC. 9.
Section 19282 of the Elections Code is repealed.
SEC. 10.
Section 19283 of the Elections Code is amended to read:
19283.
(a) The Secretary of State shall adopt and publish standards and regulations governing the use of remote accessible vote by mail systems.
(b) Remote accessible vote by mail system standards adopted by the Secretary of State pursuant to subdivision (a) shall include, but not be limited to, all of the following requirements:
(1) The machine or device and its software shall be suitable for the purpose for which it is intended.
(2) The remote accessible vote by mail system shall preserve the secrecy of the ballot.
(3) The remote accessible vote by mail system shall be safe from fraud or manipulation.
(4) The remote accessible vote by mail system shall be accessible to voters with disabilities and to voters who require assistance in a language other than English if the language is one in which a ballot or ballot materials are required to be made available to voters.
SEC. 11.
Section 19284 of the Elections Code is amended to read:
19284.
(a) A person, corporation, or public agency owning or having an interest in the sale or acquisition of a remote accessible vote by mail system or a part of a remote accessible vote by mail system may apply to the Secretary of State for certification or conditional approval that includes testing and examination of the applicant’s system and a report on the findings, which shall include the accuracy and efficiency of the remote accessible vote by mail system. As part of its application, the applicant of a remote accessible vote by mail system or a part of a remote accessible vote by mail system shall notify the Secretary of State in writing of any known defect, fault, or failure of the version of the hardware, software, or firmware of the remote accessible vote by mail system or a part of the remote accessible vote by mail system submitted. The Secretary of State shall not begin his or her certification process until he or she receives a completed application from the applicant of the remote accessible vote by mail system or a part of the remote accessible vote by mail system. The applicant shall also notify the Secretary of State in writing of any defect, fault, or failure of the version of the hardware, software, or firmware of the ballot marking system or a part of the ballot marking system submitted that is discovered after the application is submitted and before the Secretary of State submits the report required by Section 19288. The Secretary of State shall complete his or her examination without undue delay.
(b) After receiving an applicant’s written notification of a defect, fault, or failure, the Secretary of State shall notify the United States Election Assistance Commission or its successor agency of the problem as soon as practicable so as to present a reasonably complete description of the problem. The Secretary of State shall subsequently submit a report regarding the problem to the United States Election Assistance Commission or its successor agency. The report shall include any report regarding the problem submitted to the Secretary of State by the applicant.
(c) As used in this chapter:
(1) “Defect” means any flaw in the hardware or documentation of a remote accessible vote by mail system that could result in a state of unfitness for use or nonconformance to the manufacturer’s specifications or applicable law.
(2) “Failure” means a discrepancy between the external results of the operation of any software or firmware in a remote accessible vote by mail system and the manufacturer’s product requirements for that software or firmware or applicable law.
(3) “Fault” means a step, process, or data definition in any software or firmware in a ballot marking system that is incorrect under the manufacturer’s program specification or applicable law.
SEC. 12.
Section 19285 of the Elections Code is amended to read:
19285.
The Secretary of State shall use a state-approved testing agency or expert technicians to examine remote accessible vote by mail systems proposed for use or sale in this state. He or she shall furnish a complete report of the findings of the examination and testing to the Governor and the Attorney General.
SEC. 13.
Section 19286 of the Elections Code is amended to read:
19286.
The person, corporation, or public agency applying for certification of a remote accessible vote by mail system is responsible for all costs associated with the testing and examination of the remote accessible vote by mail system.
SEC. 14.
Section 19287 of the Elections Code is amended to read:
19287.
(a) Prior to publishing his or her decision to certify, conditionally approve, or withhold certification of a remote accessible vote by mail system, the Secretary of State shall provide for a 30-day public review period and conduct a public hearing to give interested persons an opportunity to review testing and examination reports and express their views for or against certification or conditional approval of the remote accessible vote by mail system.
(b) The Secretary of State shall give notice of the public review period and hearing in the manner prescribed in Section 6064 of the Government Code in a newspaper of general circulation published in Sacramento County. The Secretary of State shall also provide notice of the hearing on his or her Internet Web site. The Secretary of State shall transmit written notice of the hearing, at least 14 days prior to the public review period and hearing, to each county elections official, to any person that the Secretary of State believes will be interested in the public review period and hearing, and to any person who requests, in writing, notice of the public review period and hearing.
(c) The decision of the Secretary of State to certify, conditionally approve, or withhold certification of a remote accessible vote by mail system shall be in writing and shall state the findings of the Secretary of State. The decision shall be open to public inspection.
SEC. 15.
Section 19288 of the Elections Code is amended to read:
19288.
Within 60 days after the completion of the examination of a remote accessible vote by mail system, the Secretary of State shall make publicly available a report stating whether the remote accessible vote by mail system has been certified or conditionally approved, or whether certification has been withheld.
SEC. 16.
Section 19290 of the Elections Code is amended to read:
19290.
(a) If a remote accessible vote by mail system has been certified or conditionally approved by the Secretary of State, the vendor or, in cases where the system is publicly owned, the jurisdiction shall notify the Secretary of State and all local elections officials who use the system in writing of any defect, fault, or failure of the hardware, software, or firmware of the system or a part of the system within 30 calendar days after the vendor or jurisdiction learns of the defect, fault, or failure.
(b) After receiving written notification of a defect, fault, or failure pursuant to subdivision (a), the Secretary of State shall notify the United States Election Assistance Commission or its successor agency of the problem as soon as practicable so as to present a reasonably complete description of the problem. The Secretary of State shall subsequently submit a report regarding the problem to the United States Election Assistance Commission or its successor agency. The report shall include any report regarding the problem submitted to the Secretary of State.
SEC. 17.
Section 19291 of the Elections Code is amended to read:
19291.
If a remote accessible vote by mail system has been certified or conditionally approved by the Secretary of State, it shall not be changed or modified until the Secretary of State has been notified in writing and has determined that the change or modification does not impair its accuracy and efficiency sufficient to require a reexamination and recertification or reapproval pursuant to this chapter. The Secretary of State may adopt rules and regulations governing the procedures to be followed in making his or her determination as to whether the change or modification impairs accuracy or efficiency.
SEC. 18.
Section 19292 of the Elections Code is amended to read:
19292.
The Secretary of State may seek injunctive and administrative relief if a remote accessible vote by mail system has been compromised by the addition or deletion of hardware, software, or firmware without prior approval or is defective due to a known hardware, software, or firmware defect, fault, or failure that has not been disclosed pursuant to Section 19284 or 19290.
SEC. 19.
Section 19293 of the Elections Code is amended to read:
19293.
(a) The Secretary of State may seek all of the following relief for an unauthorized change in hardware, software, or firmware in a remote accessible vote by mail system certified or conditionally approved in California:
(1) A civil penalty from the offending party or parties, not to exceed ten thousand dollars ($10,000) per violation. For purposes of this subdivision, each remote accessible vote by mail system component found to contain the unauthorized hardware, software, or firmware shall be considered a separate violation. A penalty imposed pursuant to this subdivision shall be apportioned 50 percent to the county in which the violation occurred, if applicable, and 50 percent to the office of the Secretary of State for purposes of bolstering remote accessible vote by mail system security efforts.
(2) Immediate commencement of proceedings to withdraw certification or conditional approval for the remote accessible vote by mail system in question.
(3) Prohibiting the manufacturer or vendor of a remote accessible vote by mail system from doing elections-related business in the state for one, two, or three years.
(4) Refund of all moneys paid by a local agency for a remote accessible vote by mail system or a part of a remote accessible vote by mail system that is compromised by an unauthorized change or modification, whether or not the remote accessible vote by mail system has been used in an election.
(5) Any other remedial actions authorized by law to prevent unjust enrichment of the offending party.
(b) (1) The Secretary of State may seek all of the following relief for a known but undisclosed defect, fault, or failure in a remote accessible vote by mail system or part of a remote accessible vote by mail system certified or conditionally approved in California:
(A) Refund of all moneys paid by a local agency for a remote accessible vote by mail system or part of a remote accessible vote by mail system that is defective due to a known but undisclosed defect, fault, or failure, whether or not the remote accessible vote by mail system has been used in an election.
(B) A civil penalty from the offending party or parties, not to exceed fifty thousand dollars ($50,000) per violation. For purposes of this subdivision, each defect, fault, or failure shall be considered a separate violation. A defect, fault, or failure constitutes a single violation regardless of the number of remote accessible vote by mail system units in which the defect, fault, or failure is found.
(C) In addition to any other penalties or remedies established by this section, the offending party or parties shall be liable in the amount of one thousand dollars ($1,000) per day after the applicable deadline established in Section 19290 until the required disclosure is filed with the Secretary of State.
(2) A penalty imposed pursuant to subparagraph (B) or (C) of paragraph (1) shall be deposited in the General Fund.
(c) Before seeking any measure of relief under this section, the Secretary of State shall hold a public hearing. The Secretary of State shall give notice of the hearing in the manner prescribed by Section 6064 of the Government Code in a newspaper of general circulation published in Sacramento County. The Secretary of State also shall transmit written notice of the hearing, at least 30 days prior to the hearing, to each county elections official, the offending party or parties, any persons that the Secretary of State believes will be interested in the hearing, and any persons who request, in writing, notice of the hearing.
(d) The decision of the Secretary of State to seek relief under this section shall be in writing and state his or her findings. The decision shall be open to public inspection.
SEC. 20.
Section 19294 of the Elections Code is amended to read:
19294.
(a) The Secretary of State may seek injunctive relief requiring an elections official, or any vendor or manufacturer of a remote accessible vote by mail system, to comply with the requirements of this code, the regulations of the Secretary of State, and the specifications for the ballot marking system and its software, including the programs and procedures for vote marking and testing.
(b) Venue for a proceeding under this section shall be exclusively in Sacramento County.
SEC. 21.
Section 19295 of the Elections Code is amended to read:
19295.
A remote accessible vote by mail system or part of a remote accessible vote by mail system shall not do any of the following:
(a) Have the capability, including an optional capability, to use a remote server to mark a voter’s selections transmitted to the server from the voter’s computer via the Internet.
(b) Have the capability, including an optional capability, to store any voter identifiable selections on any remote server.
(c) Have the capability, including the optional capability, to tabulate votes.
### Summary:
This bill amends the Elections Code to require the Secretary of State to certify or conditionally approve remote accessible vote by mail systems. The bill also requires the Secretary of State |
The people of the State of California do enact as follows:
SECTION 1.
Section 54954.2 of the Government Code is amended to read:
54954.2.
(a) (1) At least 72 hours before a regular meeting, the legislative body of the local agency, or its designee, shall post an agenda containing a brief general description of each item of business to be transacted or discussed at the meeting, including items to be discussed in closed session. A brief general description of an item generally need not exceed 20 words. The agenda shall specify the time and location of the regular meeting and shall be posted in a location that is freely accessible to members of the public and on the local agency’s Internet Web site, if the local agency has one. If requested, the agenda shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. The agenda shall include information regarding how, to whom, and when a request for disability-related modification or accommodation, including auxiliary aids or services, may be made by a person with a disability who requires a modification or accommodation in order to participate in the public meeting.
(2) For a meeting occurring on and after January 1, 2019, of a legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state that has an Internet Web site, the following provisions shall apply:
(A) An online posting of an agenda shall be posted on the primary Internet Web site homepage of a city, county, city and county, special district, school district, or political subdivision established by the state that is accessible through a prominent, direct link to the current agenda. The direct link to the agenda shall not be in a contextual menu; however, a link in addition to the direct link to the agenda may be accessible through a contextual menu.
(B) An online posting of an agenda including, but not limited to, an agenda posted in an integrated agenda management platform, shall be posted in an open format that meets all of the following requirements:
(i) Retrievable, downloadable, indexable, and electronically searchable by commonly used Internet search applications.
(ii) Platform independent and machine readable.
(iii) Available to the public free of charge and without any restriction that would impede the reuse or redistribution of the agenda.
(C) A legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state that has an Internet Web site and an integrated agenda management platform shall not be required to comply with subparagraph (A) if all of the following are met:
(i) A direct link to the integrated agenda management platform shall be posted on the primary Internet Web site homepage of a city, county, city and county, special district, school district, or political subdivision established by the state. The direct link to the integrated agenda management platform shall not be in a contextual menu. When a person clicks on the direct link to the integrated agenda management platform, the direct link shall take the person directly to an Internet Web site with the agendas of the legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state.
(ii) The integrated agenda management platform may contain the prior agendas of a legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state for all meetings occurring on or after January 1, 2019.
(iii) The current agenda of the legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state shall be the first agenda available at the top of the integrated agenda management platform.
(iv) All agendas posted in the integrated agenda management platform shall comply with the requirements in clauses (i), (ii), and (iii) of subparagraph (B).
(D) For the purposes of this paragraph, both of the following definitions shall apply:
(i) “Integrated agenda management platform” means an Internet Web site of a city, county, city and county, special district, school district, or political subdivision established by the state dedicated to providing the entirety of the agenda information for the legislative body of the city, county, city and county, special district, school district, or political subdivision established by the state to the public.
(ii) “Legislative body” has the same meaning as that term is used in subdivision (a) of Section 54952.
(E) The provisions of this paragraph shall not apply to a political subdivision of a local agency that was established by the legislative body of the city, county, city and county, special district, school district, or political subdivision established by the state.
(3) No action or discussion shall be undertaken on any item not appearing on the posted agenda, except that members of a legislative body or its staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights under Section 54954.3. In addition, on their own initiative or in response to questions posed by the public, a member of a legislative body or its staff may ask a question for clarification, make a brief announcement, or make a brief report on his or her own activities. Furthermore, a member of a legislative body, or the body itself, subject to rules or procedures of the legislative body, may provide a reference to staff or other resources for factual information, request staff to report back to the body at a subsequent meeting concerning any matter, or take action to direct staff to place a matter of business on a future agenda.
(b) Notwithstanding subdivision (a), the legislative body may take action on items of business not appearing on the posted agenda under any of the conditions stated below. Prior to discussing any item pursuant to this subdivision, the legislative body shall publicly identify the item.
(1) Upon a determination by a majority vote of the legislative body that an emergency situation exists, as defined in Section 54956.5.
(2) Upon a determination by a two-thirds vote of the members of the legislative body present at the meeting, or, if less than two-thirds of the members are present, a unanimous vote of those members present, that there is a need to take immediate action and that the need for action came to the attention of the local agency subsequent to the agenda being posted as specified in subdivision (a).
(3) The item was posted pursuant to subdivision (a) for a prior meeting of the legislative body occurring not more than five calendar days prior to the date action is taken on the item, and at the prior meeting the item was continued to the meeting at which action is being taken.
(c) This section is necessary to implement and reasonably within the scope of paragraph (1) of subdivision (b) of Section 3 of Article I of the California Constitution.
(d) For purposes of subdivision (a), the requirement that the agenda be posted on the local agency’s Internet Web site, if the local agency has one, shall only apply to a legislative body that meets either of the following standards:
(1) A legislative body as that term is defined by subdivision (a) of Section 54952.
(2) A legislative body as that term is defined by subdivision (b) of Section 54952, if the members of the legislative body are compensated for their appearance, and if one or more of the members of the legislative body are also members of a legislative body as that term is defined by subdivision (a) of Section 54952.
SEC. 2.
The Legislature finds and declares that Section 1 of this act, which amends Section 54954.2 of the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:
It is in the public interest to ensure that members of the public can easily and quickly find and access meeting agendas of legislative bodies of specific local agencies on the Internet homepage of those certain local agencies.
SEC. 3.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution. | (1) The Ralph M. Brown Act requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public and that all persons be permitted to attend and participate. The act further requires the legislative body of a local agency to post, at least 72 hours before the meeting, an agenda containing a brief general description of each item of business to be transacted or discussed at a regular meeting, in a location that is freely accessible to members of the public and to provide a notice containing similar information with respect to a special meeting at least 24 hours prior to the special meeting. The act requires that the agenda or notice be freely accessible to members of the public and be posted on the local agency’s Internet Web site, if the local agency has one.
This bill would require an online posting of an agenda for a meeting occurring on and after January 1, 2019, of a legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state that has an Internet Web site to be posted on the local agency’s primary Internet Web site homepage accessible through a prominent, direct link, as specified. The bill would exempt a legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state that has an Internet Web site from this requirement if it has an integrated agenda management platform that meets specified requirements, including, among others, that the current agenda is the first agenda available at the top of the integrated agenda management platform. The bill would authorize an integrated agenda management platform to include prior meeting agendas, as specified. The bill would require any agenda posted pursuant to these provisions to be in an open format that meets specified requirements, including, among others, that the agenda is platform independent and machine readable. The bill would also define terms for these purposes.
(2) The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.
This bill would make legislative findings to that effect.
(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
Section 54954.2 of the Government Code is amended to read:
54954.2.
(a) (1) At least 72 hours before a regular meeting, the legislative body of the local agency, or its designee, shall post an agenda containing a brief general description of each item of business to be transacted or discussed at the meeting, including items to be discussed in closed session. A brief general description of an item generally need not exceed 20 words. The agenda shall specify the time and location of the regular meeting and shall be posted in a location that is freely accessible to members of the public and on the local agency’s Internet Web site, if the local agency has one. If requested, the agenda shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. The agenda shall include information regarding how, to whom, and when a request for disability-related modification or accommodation, including auxiliary aids or services, may be made by a person with a disability who requires a modification or accommodation in order to participate in the public meeting.
(2) For a meeting occurring on and after January 1, 2019, of a legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state that has an Internet Web site, the following provisions shall apply:
(A) An online posting of an agenda shall be posted on the primary Internet Web site homepage of a city, county, city and county, special district, school district, or political subdivision established by the state that is accessible through a prominent, direct link to the current agenda. The direct link to the agenda shall not be in a contextual menu; however, a link in addition to the direct link to the agenda may be accessible through a contextual menu.
(B) An online posting of an agenda including, but not limited to, an agenda posted in an integrated agenda management platform, shall be posted in an open format that meets all of the following requirements:
(i) Retrievable, downloadable, indexable, and electronically searchable by commonly used Internet search applications.
(ii) Platform independent and machine readable.
(iii) Available to the public free of charge and without any restriction that would impede the reuse or redistribution of the agenda.
(C) A legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state that has an Internet Web site and an integrated agenda management platform shall not be required to comply with subparagraph (A) if all of the following are met:
(i) A direct link to the integrated agenda management platform shall be posted on the primary Internet Web site homepage of a city, county, city and county, special district, school district, or political subdivision established by the state. The direct link to the integrated agenda management platform shall not be in a contextual menu. When a person clicks on the direct link to the integrated agenda management platform, the direct link shall take the person directly to an Internet Web site with the agendas of the legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state.
(ii) The integrated agenda management platform may contain the prior agendas of a legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state for all meetings occurring on or after January 1, 2019.
(iii) The current agenda of the legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state shall be the first agenda available at the top of the integrated agenda management platform.
(iv) All agendas posted in the integrated agenda management platform shall comply with the requirements in clauses (i), (ii), and (iii) of subparagraph (B).
(D) For the purposes of this paragraph, both of the following definitions shall apply:
(i) “Integrated agenda management platform” means an Internet Web site of a city, county, city and county, special district, school district, or political subdivision established by the state dedicated to providing the entirety of the agenda information for the legislative body of the city, county, city and county, special district, school district, or political subdivision established by the state to the public.
(ii) “Legislative body” has the same meaning as that term is used in subdivision (a) of Section 54952.
(E) The provisions of this paragraph shall not apply to a political subdivision of a local agency that was established by the legislative body of the city, county, city and county, special district, school district, or political subdivision established by the state.
(3) No action or discussion shall be undertaken on any item not appearing on the posted agenda, except that members of a legislative body or its staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights under Section 54954.3. In addition, on their own initiative or in response to questions posed by the public, a member of a legislative body or its staff may ask a question for clarification, make a brief announcement, or make a brief report on his or her own activities. Furthermore, a member of a legislative body, or the body itself, subject to rules or procedures of the legislative body, may provide a reference to staff or other resources for factual information, request staff to report back to the body at a subsequent meeting concerning any matter, or take action to direct staff to place a matter of business on a future agenda.
(b) Notwithstanding subdivision (a), the legislative body may take action on items of business not appearing on the posted agenda under any of the conditions stated below. Prior to discussing any item pursuant to this subdivision, the legislative body shall publicly identify the item.
(1) Upon a determination by a majority vote of the legislative body that an emergency situation exists, as defined in Section 54956.5.
(2) Upon a determination by a two-thirds vote of the members of the legislative body present at the meeting, or, if less than two-thirds of the members are present, a unanimous vote of those members present, that there is a need to take immediate action and that the need for action came to the attention of the local agency subsequent to the agenda being posted as specified in subdivision (a).
(3) The item was posted pursuant to subdivision (a) for a prior meeting of the legislative body occurring not more than five calendar days prior to the date action is taken on the item, and at the prior meeting the item was continued to the meeting at which action is being taken.
(c) This section is necessary to implement and reasonably within the scope of paragraph (1) of subdivision (b) of Section 3 of Article I of the California Constitution.
(d) For purposes of subdivision (a), the requirement that the agenda be posted on the local agency’s Internet Web site, if the local agency has one, shall only apply to a legislative body that meets either of the following standards:
(1) A legislative body as that term is defined by subdivision (a) of Section 54952.
(2) A legislative body as that term is defined by subdivision (b) of Section 54952, if the members of the legislative body are compensated for their appearance, and if one or more of the members of the legislative body are also members of a legislative body as that term is defined by subdivision (a) of Section 54952.
SEC. 2.
The Legislature finds and declares that Section 1 of this act, which amends Section 54954.2 of the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:
It is in the public interest to ensure that members of the public can easily and quickly find and access meeting agendas of legislative bodies of specific local agencies on the Internet homepage of those certain local agencies.
SEC. 3.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.
### Summary:
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The people of the State of California do enact as follows:
SECTION 1.
Section 1513 of the Code of Civil Procedure is amended to read:
1513.
(a) Subject to Sections 1510 and 1511, the following property held or owing by a business association escheats to this state:
(1) (A) Except as provided in paragraph (6), any demand, savings, or matured time deposit, or account subject to a negotiable order of withdrawal, made with a banking organization, together with any interest or dividends thereon, excluding, from demand deposits and accounts subject to a negotiable order of withdrawal only, any reasonable service charges that may lawfully be withheld and that do not, where made in this state, exceed those set forth in schedules filed by the banking organization from time to time with the Controller, if the owner, for more than three years, has not done any of the following:
(i) Increased or decreased the amount of the deposit, cashed an interest check, or presented the passbook or other similar evidence of the deposit for the crediting of interest.
(ii) Corresponded electronically or in writing with the banking organization concerning the deposit.
(iii) Otherwise indicated an interest in the deposit as evidenced by a memorandum or other record on file with the banking organization.
(B) A deposit or account shall not, however, escheat to the state if, during the previous three years, the owner has owned another deposit or account with the banking organization or the owner has owned an individual retirement account or funds held by the banking organization under a retirement plan for self-employed individuals or a similar account or plan established pursuant to the internal revenue laws of the United States or the laws of this state, as described in paragraph (6), and, with respect to that deposit, account, or plan, the owner has done any of the acts described in clause (i), (ii), or (iii) of subparagraph (A), and the banking organization has communicated electronically or in writing with the owner, at the address to which communications regarding that deposit, account, or plan are regularly sent, with regard to the deposit or account that would otherwise escheat under subparagraph (A). For purposes of this subparagraph, “communications” includes account statements or statements required under the internal revenue laws of the United States.
(C) No banking organization may discontinue any interest or dividends on any savings deposit because of the inactivity contemplated by this section.
(2) (A) Except as provided in paragraph (6), any demand, savings, or matured time deposit, or matured investment certificate, or account subject to a negotiable order of withdrawal, or other interest in a financial organization or any deposit made therewith, and any interest or dividends thereon, excluding, from demand deposits and accounts subject to a negotiable order of withdrawal only, any reasonable service charges that may lawfully be withheld and that do not, where made in this state, exceed those set forth in schedules filed by the financial organization from time to time with the Controller, if the owner, for more than three years, has not done any of the following:
(i) Increased or decreased the amount of the funds or deposit, cashed an interest check, or presented an appropriate record for the crediting of interest or dividends.
(ii) Corresponded electronically or in writing with the financial organization concerning the funds or deposit.
(iii) Otherwise indicated an interest in the funds or deposit as evidenced by a memorandum or other record on file with the financial organization.
(B) A deposit or account shall not, however, escheat to the state if, during the previous three years, the owner has owned another deposit or account with the financial organization or the owner has owned an individual retirement account or funds held by the financial organization under a retirement plan for self-employed individuals or a similar account or plan established pursuant to the internal revenue laws of the United States or the laws of this state, as described in paragraph (6), and, with respect to that deposit, account, or plan, the owner has done any of the acts described in clause (i), (ii), or (iii) of subparagraph (A), and the financial organization has communicated electronically or in writing with the owner, at the address to which communications regarding that deposit, account, or plan are regularly sent, with regard to the deposit or account that would otherwise escheat under subparagraph (A). For purposes of this subparagraph, “communications” includes account statements or statements required under the internal revenue laws of the United States.
(C) No financial organization may discontinue any interest or dividends on any funds paid toward purchase of shares or other interest, or on any deposit, because of the inactivity contemplated by this section.
(3) Any sum payable on a traveler’s check issued by a business association that has been outstanding for more than 15 years from the date of its issuance, if the owner, for more than 15 years, has not corresponded in writing with the business association concerning it, or otherwise indicated an interest as evidenced by a memorandum or other record on file with the association.
(4) Any sum payable on any other written instrument on which a banking or financial organization is directly liable, including, by way of illustration but not of limitation, any draft, cashier’s check, teller’s check, or certified check, that has been outstanding for more than three years from the date it was payable, or from the date of its issuance if payable on demand, if the owner, for more than three years, has not corresponded electronically or in writing with the banking or financial organization concerning it, or otherwise indicated an interest as evidenced by a memorandum or other record on file with the banking or financial organization.
(5) Any sum payable on a money order issued by a business association, including a banking or financial organization, that has been outstanding for more than seven years from the date it was payable, or from the date of its issuance if payable on demand, excluding any reasonable service charges that may lawfully be withheld and that do not, when made in this state, exceed those set forth in schedules filed by the business association from time to time with the Controller, if the owner, for more than seven years, has not corresponded electronically or in writing with the business association, banking, or financial organization concerning it, or otherwise indicated an interest as evidenced by a memorandum or other record on file with the business association. For the purposes of this subdivision, “reasonable service charge” means a service charge that meets all of the following requirements:
(A) It is uniformly applied to all of the issuer’s money orders.
(B) It is clearly disclosed to the purchaser at the time of purchase and to the recipient of the money order.
(C) It does not begin to accrue until three years after the purchase date, and it stops accruing after the value of the money order escheats.
(D) It is permitted by contract between the issuer and the purchaser.
(E) It does not exceed 25 cents ($0.25) per month or the aggregate amount of twenty-one dollars ($21).
(6) (A) Any funds held by a business association in an individual retirement account or under a retirement plan for self-employed individuals or similar account or plan established pursuant to the internal revenue laws of the United States or of this state, if the owner, for more than three years after the funds become payable or distributable, has not done any of the following:
(i) Increased or decreased the principal.
(ii) Accepted payment of principal or income.
(iii) Corresponded electronically or in writing concerning the property or otherwise indicated an interest.
(B) Funds held by a business association in an individual retirement account or under a retirement plan for self-employed individuals or a similar account or plan created pursuant to the internal revenue laws of the United States or the laws of this state shall not escheat to the state if, during the previous three years, the owner has owned another such account, plan, or any other deposit or account with the business association and, with respect to that deposit, account, or plan, the owner has done any of the acts described in clause (i), (ii), or (iii) of subparagraph (A), and the business association has communicated electronically or in writing with the owner, at the address to which communications regarding that deposit, account, or plan are regularly sent, with regard to the account or plan that would otherwise escheat under subparagraph (A). For purposes of this subparagraph, “communications” includes account statements or statements required under the internal revenue laws of the United States.
(C) These funds are not payable or distributable within the meaning of this subdivision unless either of the following is true:
(i) Under the terms of the account or plan, distribution of all or a part of the funds would then be mandatory.
(ii) For an account or plan not subject to mandatory distribution requirement under the internal revenue laws of the United States or the laws of this state, the owner has attained 70
1/2
years of age.
(7) Any wages or salaries that have remained unclaimed by the owner for more than one year after the wages or salaries become payable.
(b) For purposes of this section, “service charges” means service charges imposed because of the inactivity contemplated by this section.
(c) A holder shall, commencing on or before January 1, 2018, regard the following transactions that are initiated electronically and are reflected in the books and records of the banking or financial organization as evidence that an owner has increased or decreased the amount of the funds or deposit in an account, for purposes of paragraphs (1) and (2) of subdivision (a):
(1) A single or recurring debit transaction authorized by the owner.
(2) A single or recurring credit transaction authorized by the owner
(3) Recurring transactions authorized by the owner that represent payroll deposits or deductions.
(4) Recurring credits authorized by the owner or a responsible party that represent the deposit of any federal benefits, including social security benefits, veterans’ benefits, and pension payments. | Existing law prescribes the circumstances under which property held or owing by a business association escheats to the state. Existing law specifies that any demand, savings, or matured time deposit, or account subject to a negotiable order of withdrawal, made with a banking organization escheats to the state if the owner, for more than three years, has not increased or decreased the amount of the deposit. Existing law specifies that any demand, savings, or matured time deposit, or matured investment certificate, or account subject to a negotiable order of withdrawal, or other interest in a financial organization, escheats to the state when the owner, for more than three years, has not increased or decreased the amount of the funds or deposit.
This bill would require, commencing on or before January 1, 2018, for purposes of determining whether the above-described property escheats to the state, that a holder, as defined in existing law, regard specified transactions that are initiated electronically and are reflected in the books and records of a banking or financial organization as evidence of an increase or decrease in the amount of the funds or deposit in an account held by the banking or financial organization. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
Section 1513 of the Code of Civil Procedure is amended to read:
1513.
(a) Subject to Sections 1510 and 1511, the following property held or owing by a business association escheats to this state:
(1) (A) Except as provided in paragraph (6), any demand, savings, or matured time deposit, or account subject to a negotiable order of withdrawal, made with a banking organization, together with any interest or dividends thereon, excluding, from demand deposits and accounts subject to a negotiable order of withdrawal only, any reasonable service charges that may lawfully be withheld and that do not, where made in this state, exceed those set forth in schedules filed by the banking organization from time to time with the Controller, if the owner, for more than three years, has not done any of the following:
(i) Increased or decreased the amount of the deposit, cashed an interest check, or presented the passbook or other similar evidence of the deposit for the crediting of interest.
(ii) Corresponded electronically or in writing with the banking organization concerning the deposit.
(iii) Otherwise indicated an interest in the deposit as evidenced by a memorandum or other record on file with the banking organization.
(B) A deposit or account shall not, however, escheat to the state if, during the previous three years, the owner has owned another deposit or account with the banking organization or the owner has owned an individual retirement account or funds held by the banking organization under a retirement plan for self-employed individuals or a similar account or plan established pursuant to the internal revenue laws of the United States or the laws of this state, as described in paragraph (6), and, with respect to that deposit, account, or plan, the owner has done any of the acts described in clause (i), (ii), or (iii) of subparagraph (A), and the banking organization has communicated electronically or in writing with the owner, at the address to which communications regarding that deposit, account, or plan are regularly sent, with regard to the deposit or account that would otherwise escheat under subparagraph (A). For purposes of this subparagraph, “communications” includes account statements or statements required under the internal revenue laws of the United States.
(C) No banking organization may discontinue any interest or dividends on any savings deposit because of the inactivity contemplated by this section.
(2) (A) Except as provided in paragraph (6), any demand, savings, or matured time deposit, or matured investment certificate, or account subject to a negotiable order of withdrawal, or other interest in a financial organization or any deposit made therewith, and any interest or dividends thereon, excluding, from demand deposits and accounts subject to a negotiable order of withdrawal only, any reasonable service charges that may lawfully be withheld and that do not, where made in this state, exceed those set forth in schedules filed by the financial organization from time to time with the Controller, if the owner, for more than three years, has not done any of the following:
(i) Increased or decreased the amount of the funds or deposit, cashed an interest check, or presented an appropriate record for the crediting of interest or dividends.
(ii) Corresponded electronically or in writing with the financial organization concerning the funds or deposit.
(iii) Otherwise indicated an interest in the funds or deposit as evidenced by a memorandum or other record on file with the financial organization.
(B) A deposit or account shall not, however, escheat to the state if, during the previous three years, the owner has owned another deposit or account with the financial organization or the owner has owned an individual retirement account or funds held by the financial organization under a retirement plan for self-employed individuals or a similar account or plan established pursuant to the internal revenue laws of the United States or the laws of this state, as described in paragraph (6), and, with respect to that deposit, account, or plan, the owner has done any of the acts described in clause (i), (ii), or (iii) of subparagraph (A), and the financial organization has communicated electronically or in writing with the owner, at the address to which communications regarding that deposit, account, or plan are regularly sent, with regard to the deposit or account that would otherwise escheat under subparagraph (A). For purposes of this subparagraph, “communications” includes account statements or statements required under the internal revenue laws of the United States.
(C) No financial organization may discontinue any interest or dividends on any funds paid toward purchase of shares or other interest, or on any deposit, because of the inactivity contemplated by this section.
(3) Any sum payable on a traveler’s check issued by a business association that has been outstanding for more than 15 years from the date of its issuance, if the owner, for more than 15 years, has not corresponded in writing with the business association concerning it, or otherwise indicated an interest as evidenced by a memorandum or other record on file with the association.
(4) Any sum payable on any other written instrument on which a banking or financial organization is directly liable, including, by way of illustration but not of limitation, any draft, cashier’s check, teller’s check, or certified check, that has been outstanding for more than three years from the date it was payable, or from the date of its issuance if payable on demand, if the owner, for more than three years, has not corresponded electronically or in writing with the banking or financial organization concerning it, or otherwise indicated an interest as evidenced by a memorandum or other record on file with the banking or financial organization.
(5) Any sum payable on a money order issued by a business association, including a banking or financial organization, that has been outstanding for more than seven years from the date it was payable, or from the date of its issuance if payable on demand, excluding any reasonable service charges that may lawfully be withheld and that do not, when made in this state, exceed those set forth in schedules filed by the business association from time to time with the Controller, if the owner, for more than seven years, has not corresponded electronically or in writing with the business association, banking, or financial organization concerning it, or otherwise indicated an interest as evidenced by a memorandum or other record on file with the business association. For the purposes of this subdivision, “reasonable service charge” means a service charge that meets all of the following requirements:
(A) It is uniformly applied to all of the issuer’s money orders.
(B) It is clearly disclosed to the purchaser at the time of purchase and to the recipient of the money order.
(C) It does not begin to accrue until three years after the purchase date, and it stops accruing after the value of the money order escheats.
(D) It is permitted by contract between the issuer and the purchaser.
(E) It does not exceed 25 cents ($0.25) per month or the aggregate amount of twenty-one dollars ($21).
(6) (A) Any funds held by a business association in an individual retirement account or under a retirement plan for self-employed individuals or similar account or plan established pursuant to the internal revenue laws of the United States or of this state, if the owner, for more than three years after the funds become payable or distributable, has not done any of the following:
(i) Increased or decreased the principal.
(ii) Accepted payment of principal or income.
(iii) Corresponded electronically or in writing concerning the property or otherwise indicated an interest.
(B) Funds held by a business association in an individual retirement account or under a retirement plan for self-employed individuals or a similar account or plan created pursuant to the internal revenue laws of the United States or the laws of this state shall not escheat to the state if, during the previous three years, the owner has owned another such account, plan, or any other deposit or account with the business association and, with respect to that deposit, account, or plan, the owner has done any of the acts described in clause (i), (ii), or (iii) of subparagraph (A), and the business association has communicated electronically or in writing with the owner, at the address to which communications regarding that deposit, account, or plan are regularly sent, with regard to the account or plan that would otherwise escheat under subparagraph (A). For purposes of this subparagraph, “communications” includes account statements or statements required under the internal revenue laws of the United States.
(C) These funds are not payable or distributable within the meaning of this subdivision unless either of the following is true:
(i) Under the terms of the account or plan, distribution of all or a part of the funds would then be mandatory.
(ii) For an account or plan not subject to mandatory distribution requirement under the internal revenue laws of the United States or the laws of this state, the owner has attained 70
1/2
years of age.
(7) Any wages or salaries that have remained unclaimed by the owner for more than one year after the wages or salaries become payable.
(b) For purposes of this section, “service charges” means service charges imposed because of the inactivity contemplated by this section.
(c) A holder shall, commencing on or before January 1, 2018, regard the following transactions that are initiated electronically and are reflected in the books and records of the banking or financial organization as evidence that an owner has increased or decreased the amount of the funds or deposit in an account, for purposes of paragraphs (1) and (2) of subdivision (a):
(1) A single or recurring debit transaction authorized by the owner.
(2) A single or recurring credit transaction authorized by the owner
(3) Recurring transactions authorized by the owner that represent payroll deposits or deductions.
(4) Recurring credits authorized by the owner or a responsible party that represent the deposit of any federal benefits, including social security benefits, veterans’ benefits, and pension payments.
### Summary:
<bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos> |
The people of the State of California do enact as follows:
SECTION 1.
Section 98.7 of the Labor Code is amended to read:
98.7.
(a)
(1)
Any person who believes that he or she has been discharged or otherwise discriminated against in violation of any law under the jurisdiction of the Labor Commissioner may file a complaint with the division within six months after the occurrence of the violation. The six-month period may be extended for good cause. The complaint shall be investigated by a discrimination complaint investigator in accordance with this section. The Labor Commissioner shall establish procedures for the investigation of discrimination complaints. A summary of the procedures shall be provided to each complainant and respondent at the time of initial contact. The Labor Commissioner shall inform complainants charging a violation of Section 6310 or 6311, at the time of initial contact, of his or her right to file a separate, concurrent complaint with the United States Department of Labor within 30 days after the occurrence of the violation.
Each complaint of unlawful discharge or discrimination shall be assigned to a discrimination complaint investigator who shall prepare and submit an investigation report to the Labor Commissioner based on an investigation of the complaint.
(2) The division may, with or without receiving a complaint, commence an investigation of an employer that it suspects to have discharged or otherwise discriminated against an individual in violation of any law under the jurisdiction of the Labor Commissioner in accordance with this section. The assigned investigator shall prepare and submit an investigation report to the Labor Commissioner based upon the investigation.
(b)
Each complaint of unlawful discharge or discrimination shall be assigned to a discrimination complaint investigator who shall prepare and submit a report to the Labor Commissioner based on an investigation of the complaint.
The Labor Commissioner may designate the chief
deputy or
deputy, the
assistant Labor
Commissioner
Commissioner,
or the chief counsel to receive and review
the
investigation
reports.
The investigation
An investigation
shall include,
where
if
appropriate, interviews with the complainant,
respondent,
if there is one, the employer,
and any witnesses who may have information concerning
the alleged
a possible
violation, and a review of any documents that may be relevant to the
disposition of the complaint.
investigation.
The identity of a witness shall remain confidential unless the identification of the witness becomes necessary to proceed with the investigation or to prosecute an action to enforce a determination. The investigation report submitted to the Labor Commissioner or designee shall include the statements and documents obtained in the investigation, and the findings of the investigator concerning whether a violation occurred. The Labor Commissioner may hold an investigative hearing
whenever
if
the Labor Commissioner determines, after review of the investigation report, that a hearing is necessary to fully establish the facts. In the hearing the investigation report shall be made a part of the
record
record,
and the
complainant and respondent
complainant, if there is one, and the employer
shall have the opportunity to present further evidence. The Labor Commissioner shall issue, serve, and enforce any necessary subpoenas.
(c) If the Labor Commissioner determines a violation has occurred, he or she shall notify the
complainant and respondent
complainant, if there is one, and the employer
and direct the
respondent
employer
to cease and desist from the violation and take any action deemed necessary to remedy the violation, including,
where
if
appropriate, rehiring or reinstatement, reimbursement of lost wages and interest thereon, payment of reasonable attorney’s fees associated with any hearing held by the Labor Commissioner
in investigating the complaint,
related to the investigation,
and the posting of notices to employees. If the
respondentcompensation or equitable relief as is appropriate under the circumstances of the case. The Labor Commissioner shall petition the court for appropriate temporary relief or restraining order unless he or she determines good cause exists for not doing so.
(d) (1) If the Labor Commissioner determines no violation has occurred, he or she shall notify the
complainant and respondent
complainant, if there is one, and the employer
and shall dismiss the
complaint.
complaint or close the investigation.
The Labor Commissioner may direct
the
a
complainant to pay reasonable attorney’s fees associated with any hearing held by the Labor Commissioner if the Labor Commissioner finds
the
that a
complaint was frivolous, unreasonable, groundless, and was brought in bad faith.
The
A
complainant may, after notification of the Labor Commissioner’s determination to dismiss a complaint, bring an action in an appropriate
court, which
court that
shall have jurisdiction to determine whether a violation
occurred, and
occurred and,
if so, to restrain the violation and order all appropriate relief to remedy the violation. Appropriate relief includes, but is not limited to, rehiring or reinstatement of the complainant, reimbursement of lost wages and interest thereon, and other compensation or equitable relief as is appropriate under the circumstances of the case.
When dismissing
If the Labor Commission dismisses
a complaint, the Labor Commissioner shall advise
the
a
complainant of his or her right to bring an action in an appropriate court if he or she disagrees with the determination of the Labor Commissioner, and in the case of an alleged violation of Section 6310 or 6311, to file a complaint against the state program with the United States Department of Labor.
(2) The filing of a timely complaint against the state program with the United States Department of Labor shall stay the Labor Commissioner’s dismissal of the division complaint until the United States Secretary of Labor makes a determination regarding the alleged violation. Within 15 days of receipt of that determination, the Labor Commissioner shall notify the parties whether he or she will reopen the complaint filed with the division or whether he or she will reaffirm the dismissal.
(e) The Labor Commissioner shall notify the
complainant and respondent
complainant, if there is one, and the employer
of his or her determination under subdivision (c) or paragraph (1) of subdivision (d), not later than 60 days after the filing of the
complaint.
complaint, or commencing the investigation pursuant to paragraph (2) of subdivision (a).
Determinations by the Labor Commissioner under subdivision (c) or (d) may be appealed by
the
a
complainant or
respondent
employer
to the Director of Industrial Relations within 10 days following notification of the Labor Commissioner’s determination. The appeal shall set forth specifically and in full detail the grounds upon which the appealing party considers the Labor Commissioner’s determination to be unjust or unlawful, and every issue to be considered by the director. The director may consider any issue relating to the initial determination and may modify, affirm, or reverse the Labor Commissioner’s determination. The director’s determination shall be the determination of the Labor Commissioner. The director shall notify the
complainant
complainant, if there is one,
and
respondent
employer
of his or her determination within 10 days of receipt of the appeal.
(f) The rights and remedies provided by this section do not preclude an employee from pursuing any other rights and remedies under any other law.
(g) In the enforcement of this section, there is no requirement that an individual exhaust administrative remedies or procedures.
SECTION 1.
Section 98.74 is added to the
Labor Code
,
immediately following Section 98.7
, to read:
98.74.
In addition to receiving employee complaints pursuant to Section 98.7, the division may, with or without receiving a complaint from an employee, commence an investigation, issue a citation, or bring an action against an employer who discharges or otherwise discriminates against an individual in violation of any law under the jurisdiction of the Labor Commissioner. | Existing law authorizes any person who believes that he or she has been discharged or otherwise discriminated against in violation of any law under the jurisdiction of the Labor Commissioner to file a complaint, as specified, with the Division of Labor Standards Enforcement, which is within the Department of Industrial Relations, and requires the commissioner to establish procedures for the investigation of discrimination complaints.
This bill would authorize the division to, with or without receiving a complaint from an employee, commence an
investigation, issue a citation, or bring an action against
investigation of
an employer
who discharges or otherwise discriminates
that it suspects to have discharged or otherwise discriminated
against an individual in violation of any law under the jurisdiction of the Labor Commissioner. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
Section 98.7 of the Labor Code is amended to read:
98.7.
(a)
(1)
Any person who believes that he or she has been discharged or otherwise discriminated against in violation of any law under the jurisdiction of the Labor Commissioner may file a complaint with the division within six months after the occurrence of the violation. The six-month period may be extended for good cause. The complaint shall be investigated by a discrimination complaint investigator in accordance with this section. The Labor Commissioner shall establish procedures for the investigation of discrimination complaints. A summary of the procedures shall be provided to each complainant and respondent at the time of initial contact. The Labor Commissioner shall inform complainants charging a violation of Section 6310 or 6311, at the time of initial contact, of his or her right to file a separate, concurrent complaint with the United States Department of Labor within 30 days after the occurrence of the violation.
Each complaint of unlawful discharge or discrimination shall be assigned to a discrimination complaint investigator who shall prepare and submit an investigation report to the Labor Commissioner based on an investigation of the complaint.
(2) The division may, with or without receiving a complaint, commence an investigation of an employer that it suspects to have discharged or otherwise discriminated against an individual in violation of any law under the jurisdiction of the Labor Commissioner in accordance with this section. The assigned investigator shall prepare and submit an investigation report to the Labor Commissioner based upon the investigation.
(b)
Each complaint of unlawful discharge or discrimination shall be assigned to a discrimination complaint investigator who shall prepare and submit a report to the Labor Commissioner based on an investigation of the complaint.
The Labor Commissioner may designate the chief
deputy or
deputy, the
assistant Labor
Commissioner
Commissioner,
or the chief counsel to receive and review
the
investigation
reports.
The investigation
An investigation
shall include,
where
if
appropriate, interviews with the complainant,
respondent,
if there is one, the employer,
and any witnesses who may have information concerning
the alleged
a possible
violation, and a review of any documents that may be relevant to the
disposition of the complaint.
investigation.
The identity of a witness shall remain confidential unless the identification of the witness becomes necessary to proceed with the investigation or to prosecute an action to enforce a determination. The investigation report submitted to the Labor Commissioner or designee shall include the statements and documents obtained in the investigation, and the findings of the investigator concerning whether a violation occurred. The Labor Commissioner may hold an investigative hearing
whenever
if
the Labor Commissioner determines, after review of the investigation report, that a hearing is necessary to fully establish the facts. In the hearing the investigation report shall be made a part of the
record
record,
and the
complainant and respondent
complainant, if there is one, and the employer
shall have the opportunity to present further evidence. The Labor Commissioner shall issue, serve, and enforce any necessary subpoenas.
(c) If the Labor Commissioner determines a violation has occurred, he or she shall notify the
complainant and respondent
complainant, if there is one, and the employer
and direct the
respondent
employer
to cease and desist from the violation and take any action deemed necessary to remedy the violation, including,
where
if
appropriate, rehiring or reinstatement, reimbursement of lost wages and interest thereon, payment of reasonable attorney’s fees associated with any hearing held by the Labor Commissioner
in investigating the complaint,
related to the investigation,
and the posting of notices to employees. If the
respondentcompensation or equitable relief as is appropriate under the circumstances of the case. The Labor Commissioner shall petition the court for appropriate temporary relief or restraining order unless he or she determines good cause exists for not doing so.
(d) (1) If the Labor Commissioner determines no violation has occurred, he or she shall notify the
complainant and respondent
complainant, if there is one, and the employer
and shall dismiss the
complaint.
complaint or close the investigation.
The Labor Commissioner may direct
the
a
complainant to pay reasonable attorney’s fees associated with any hearing held by the Labor Commissioner if the Labor Commissioner finds
the
that a
complaint was frivolous, unreasonable, groundless, and was brought in bad faith.
The
A
complainant may, after notification of the Labor Commissioner’s determination to dismiss a complaint, bring an action in an appropriate
court, which
court that
shall have jurisdiction to determine whether a violation
occurred, and
occurred and,
if so, to restrain the violation and order all appropriate relief to remedy the violation. Appropriate relief includes, but is not limited to, rehiring or reinstatement of the complainant, reimbursement of lost wages and interest thereon, and other compensation or equitable relief as is appropriate under the circumstances of the case.
When dismissing
If the Labor Commission dismisses
a complaint, the Labor Commissioner shall advise
the
a
complainant of his or her right to bring an action in an appropriate court if he or she disagrees with the determination of the Labor Commissioner, and in the case of an alleged violation of Section 6310 or 6311, to file a complaint against the state program with the United States Department of Labor.
(2) The filing of a timely complaint against the state program with the United States Department of Labor shall stay the Labor Commissioner’s dismissal of the division complaint until the United States Secretary of Labor makes a determination regarding the alleged violation. Within 15 days of receipt of that determination, the Labor Commissioner shall notify the parties whether he or she will reopen the complaint filed with the division or whether he or she will reaffirm the dismissal.
(e) The Labor Commissioner shall notify the
complainant and respondent
complainant, if there is one, and the employer
of his or her determination under subdivision (c) or paragraph (1) of subdivision (d), not later than 60 days after the filing of the
complaint.
complaint, or commencing the investigation pursuant to paragraph (2) of subdivision (a).
Determinations by the Labor Commissioner under subdivision (c) or (d) may be appealed by
the
a
complainant or
respondent
employer
to the Director of Industrial Relations within 10 days following notification of the Labor Commissioner’s determination. The appeal shall set forth specifically and in full detail the grounds upon which the appealing party considers the Labor Commissioner’s determination to be unjust or unlawful, and every issue to be considered by the director. The director may consider any issue relating to the initial determination and may modify, affirm, or reverse the Labor Commissioner’s determination. The director’s determination shall be the determination of the Labor Commissioner. The director shall notify the
complainant
complainant, if there is one,
and
respondent
employer
of his or her determination within 10 days of receipt of the appeal.
(f) The rights and remedies provided by this section do not preclude an employee from pursuing any other rights and remedies under any other law.
(g) In the enforcement of this section, there is no requirement that an individual exhaust administrative remedies or procedures.
SECTION 1.
Section 98.74 is added to the
Labor Code
,
immediately following Section 98.7
, to read:
98.74.
In addition to receiving employee complaints pursuant to Section 98.7, the division may, with or without receiving a complaint from an employee, commence an investigation, issue a citation, or bring an action against an employer who discharges or otherwise discriminates against an individual in violation of any law under the jurisdiction of the Labor Commissioner.
### Summary:
This bill would amend the Labor Code to require the Labor Commissioner to investigate complaints of unlawful discharge or discrimination and to issue citations or bring actions against employers who discharge or |
The people of the State of California do enact as follows:
SECTION 1.
This act shall be known and may be cited as the Mental Health Justice Act.
SEC. 2.
The Legislature finds and declares the following:
(a) Exposure to violence increases the risk of developing a mental health condition such as post-traumatic stress disorder. Children in underserved communities are more likely to be exposed to violence than other children.
(b) Ten times as many people with mental illness are in prisons and jails today than are in mental health treatment facilities.
(c) Correctional facilities spend two to three times more money on adults with mental illnesses than they do on people who do not live with a mental illness.
(d) Despite overall decreasing prison populations, California’s prisons are experiencing increasing demand for mental health treatment services as prison inmates require mental health treatment at higher rates. This number is anticipated to continue to increase in the next five years and beyond.
(e) In California, the annual prison cost for an inmate in the general population is $51,000, while the annual community housing and outpatient treatment costs for a person with mental illness are 60 percent less at $20,412.
(f) Nearly half of all prisoners in California are mentally ill and have received psychiatric treatment within the past year. This number has almost doubled in the last 15 years, making jails and prisons the de facto mental health system.
(g) Individuals with mental illnesses tend to stay longer in prison or jail and, when released, are at a higher risk of returning to prison or jail than those without these illnesses.
(h) Mental health court participants have a significantly lower (47 percent) recidivism rate compared to similar defendants in traditional court.
(i) Mental health courts allow for the consideration of a defendant’s mental health status during court proceedings and have shown to save $7 in costs for every $1 spent.
(j) According to the United States Supreme Court, conditions in California prisons exacerbate mental health issues significantly. Offenders with mental illness are often subjected to higher rates of physical and sexual trauma, forced restraints, solitary confinement, and overmedication while incarcerated. Those who are kept in isolation are at higher risk for psychiatric injury, self-harm, and suicide.
(k) A defendant’s mental illness should inform case processing and the nature of any criminal charges, in alignment with public safety and a defendant’s constitutional rights.
(l) California must increase diversion programs to redirect defendants with mental illness away from prisons and jails, which exacerbate mental illnesses, impede treatment, and increase costs, and toward proven mental health treatment services.
SEC. 2.
SEC. 3.
Chapter 16 (commencing with Section 1425) is added to Title 10 of Part 2 of the Penal Code, to read:
CHAPTER 16. Mental Health Treatment
1425.
(a)If a defendant has pled guilty or nolo contendere to, or been convicted of, an offense that will result in a sentence to state prison or county jail, the defendant or the prosecutor may submit evidence that the defendant suffers from a diagnosable mental illness that was a substantial factor that contributed to the defendant’s criminal conduct. The evidence shall be filed after the defendant’s plea or conviction, but before his or her sentencing.
(b)If evidence is submitted pursuant to subdivision (a), the court shall consider that evidence in conjunction with the defendant’s sentencing.
(c)Upon consideration of the evidence submitted pursuant to subdivision (a), notwithstanding any other law, if the court determines that it is in the best interests of public safety, the court may order one or more of the following:
(1)(A)That the defendant serve, if the defendant agrees, all or a part of his or her sentence in a residential mental health treatment facility instead of in the state prison or county jail, unless that placement would pose an unreasonable risk of danger to public safety.
(B)This paragraph does not apply to a defendant subject to Section 1170.12.
(2)The Department of Corrections and Rehabilitation or county jail authority, as applicable, to place the defendant in a mental health program within the state prison or county jail system, respectively, at a level of care determined to be appropriate by the department’s mental health staff or county mental health staff, within 30 days, of the defendant’s placement in the state prison or county jail.
(3)The Department of Corrections and Rehabilitation or the county jail authority, as applicable, regardless of the type of crime committed to prepare a postrelease mental health treatment plan six months prior to the defendant’s release to parole or postrelease community supervision. The treatment plan shall specify the manner in which the defendant will receive mental health treatment services following that release, and shall address, if applicable and in the discretion of the court, medication management, housing, and substance abuse treatment.
(d)(1)The defendant or prosecutor may, at any time, petition the court for approval to transfer the defendant from a residential mental health treatment facility to a mental health program within the state prison or county jail for the remainder of the defendant’s sentence.
(2)The defendant, prosecutor, Department of Corrections and Rehabilitation, or county jail authority, as applicable, may, at any time, petition the court for permission to remove the defendant from a mental health program within the state prison or county jail system, respectively.
(3)The defendant, prosecutor, Department of Corrections and Rehabilitation, or county jail authority, as applicable, may, at any time, petition the court for dismissal of the requirement that the Department of Corrections and Rehabilitation or county jail authority, respectively, prepare a postrelease mental health treatment plan.
(e)The defendant shall have the right to counsel for all proceedings under this section.
1425.
(a) A defendant who has pleaded guilty or nolo contendere to, or was convicted of, a felony or misdemeanor and who currently is, or at any prior time was, eligible for public mental health services due to serious mental illness or who currently is, or at any prior time was, eligible for Social Security Disability Insurance benefits due to a diagnosed mental illness may petition the court for a sentence that includes mental health treatment. The petition shall be filed after the defendant’s plea or conviction, but before his or her sentencing.
(b) The defendant shall bear the burden of establishing by a preponderance of the evidence that he or she meets the criteria in subdivision (a).
(c) If the court determines that the defendant has met his or her burden, as described in subdivision (b), and that it is in the public interest, the court may order that the defendant’s sentence include one or more of the following:
(1) (A) A requirement that the defendant serve, if the defendant agrees, all or a part of his or her sentence in a residential mental health treatment facility instead of in the state prison or a county jail, if that placement would not pose an unreasonable risk of danger to public safety and is in the interest of justice pursuant to Section 1385.
(B) A defendant is not eligible for subparagraph (A) if his or her current plea or conviction is for a violent felony, as defined in subdivision (c) of Section 667.5, or if the defendant is required by statute to serve his or her entire sentence only in state prison.
(2) Regardless of the offense to which the defendant pleaded guilty or nolo contendere or for which the defendant was convicted, a requirement that the Department of Corrections and Rehabilitation or county jail authority, as applicable, place the defendant in a mental health program within the state prison or county jail system at a level of care determined to be appropriate by the department’s mental health staff or county mental health staff, within 30 days of the defendant’s sentencing.
(3) Regardless of the offense to which the defendant pleaded guilty or nolo contendere or for which the defendant was convicted, a requirement that the Department of Corrections and Rehabilitation or the county jail authority, as applicable, prepare a postrelease mental health treatment plan six months prior to the defendant’s release from custody. The treatment plan shall specify the manner in which the defendant will receive mental health treatment services following release from custody and shall address, if applicable and at the discretion of the court, medication management, housing, and substance abuse treatment.
(d) At any time, upon a petition from the defendant or prosecutor, if it is in the public interest, the court may recall a sentence that includes a mental health treatment order issued under this section and either resentence the defendant to other mental health treatment authorized under subdivision (c) or resentence the defendant in the same manner as if he or she had not previously been sentenced with application of this section. The defendant shall receive credit for the time he or she served on the prior sentence.
(e) The defendant shall have the right to counsel for all proceedings under this section.
SEC. 3.
SEC. 4.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | Existing law prohibits a person from being tried, adjudged to punishment, or having his or her probation, mandatory supervision, postrelease community supervision, or parole revoked while that person is mentally incompetent. Existing law establishes a process by which a defendant’s mental competency is evaluated and by which the defendant receives treatment, including, if applicable, antipsychotic medication, with the goal of returning the defendant to competency. Existing law credits time spent by a defendant in a state hospital or other facility as a result of commitment during the process toward the term of any imprisonment for which the defendant is sentenced.
Existing law, as added by Proposition 184, adopted November 8, 1994, and amended by Proposition 36, adopted November 6, 2012, commonly known as the Three Strikes Law, prohibits certain recidivist offenders from being committed to any facility other than a state prison.
This bill would authorize, if a defendant has pled guilty or nolo contendere to, or been convicted of, an offense that will result in a sentence to state prison or county jail, the defendant or the prosecutor submit evidence that the defendant suffers from a diagnosable mental condition that was a substantial factor that contributed to the defendant’s criminal conduct. The bill would require that the evidence be submitted after the defendant’s conviction, but before his or her sentencing. The bill would require the court to consider any evidence submitted as described above in conjunction with the defendant’s sentencing, and would authorize the court to order the Department of Corrections and Rehabilitation or county jail authority, as applicable, to place the defendant in a residential mental health treatment facility. This placement would not be available to a defendant who is subject to the Three Strikes Law. The bill would also authorize the court to order the department or jail authority to place the defendant in a mental health program within the state prison or county jail, respectively. The bill would provide that the defendant has the right to counsel for these proceedings.
This bill would authorize a defendant who is or has been eligible for public mental health services due to a serious mental illness or who is eligible for Social Security Disability Insurance benefits due to a diagnosed mental illness to petition the court, after the defendant’s plea or conviction but prior to sentencing, for a sentence that includes mental health treatment. The bill would authorize a court, if it finds that the defendant has shown that he or she meets the criteria by a preponderance of the evidence, to order the Department of Corrections and Rehabilitation or the county authority to provide specified mental health service, including placement in a residential mental health treatment facility instead of state prison or county jail, placement in a mental health program within the state prison or county jail, or preparation of a postrelease mental health treatment plan. The bill would authorize the court, upon petition of the defendant or the prosecution, to recall a sentence that includes a mental health order and resentence the defendant to other mental health treatment or resentence the defendant without mental health treatment. The bill would provide that the defendant has the right to counsel for these proceedings.
By imposing additional duties upon county jail authorities, this bill would create a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
This act shall be known and may be cited as the Mental Health Justice Act.
SEC. 2.
The Legislature finds and declares the following:
(a) Exposure to violence increases the risk of developing a mental health condition such as post-traumatic stress disorder. Children in underserved communities are more likely to be exposed to violence than other children.
(b) Ten times as many people with mental illness are in prisons and jails today than are in mental health treatment facilities.
(c) Correctional facilities spend two to three times more money on adults with mental illnesses than they do on people who do not live with a mental illness.
(d) Despite overall decreasing prison populations, California’s prisons are experiencing increasing demand for mental health treatment services as prison inmates require mental health treatment at higher rates. This number is anticipated to continue to increase in the next five years and beyond.
(e) In California, the annual prison cost for an inmate in the general population is $51,000, while the annual community housing and outpatient treatment costs for a person with mental illness are 60 percent less at $20,412.
(f) Nearly half of all prisoners in California are mentally ill and have received psychiatric treatment within the past year. This number has almost doubled in the last 15 years, making jails and prisons the de facto mental health system.
(g) Individuals with mental illnesses tend to stay longer in prison or jail and, when released, are at a higher risk of returning to prison or jail than those without these illnesses.
(h) Mental health court participants have a significantly lower (47 percent) recidivism rate compared to similar defendants in traditional court.
(i) Mental health courts allow for the consideration of a defendant’s mental health status during court proceedings and have shown to save $7 in costs for every $1 spent.
(j) According to the United States Supreme Court, conditions in California prisons exacerbate mental health issues significantly. Offenders with mental illness are often subjected to higher rates of physical and sexual trauma, forced restraints, solitary confinement, and overmedication while incarcerated. Those who are kept in isolation are at higher risk for psychiatric injury, self-harm, and suicide.
(k) A defendant’s mental illness should inform case processing and the nature of any criminal charges, in alignment with public safety and a defendant’s constitutional rights.
(l) California must increase diversion programs to redirect defendants with mental illness away from prisons and jails, which exacerbate mental illnesses, impede treatment, and increase costs, and toward proven mental health treatment services.
SEC. 2.
SEC. 3.
Chapter 16 (commencing with Section 1425) is added to Title 10 of Part 2 of the Penal Code, to read:
CHAPTER 16. Mental Health Treatment
1425.
(a)If a defendant has pled guilty or nolo contendere to, or been convicted of, an offense that will result in a sentence to state prison or county jail, the defendant or the prosecutor may submit evidence that the defendant suffers from a diagnosable mental illness that was a substantial factor that contributed to the defendant’s criminal conduct. The evidence shall be filed after the defendant’s plea or conviction, but before his or her sentencing.
(b)If evidence is submitted pursuant to subdivision (a), the court shall consider that evidence in conjunction with the defendant’s sentencing.
(c)Upon consideration of the evidence submitted pursuant to subdivision (a), notwithstanding any other law, if the court determines that it is in the best interests of public safety, the court may order one or more of the following:
(1)(A)That the defendant serve, if the defendant agrees, all or a part of his or her sentence in a residential mental health treatment facility instead of in the state prison or county jail, unless that placement would pose an unreasonable risk of danger to public safety.
(B)This paragraph does not apply to a defendant subject to Section 1170.12.
(2)The Department of Corrections and Rehabilitation or county jail authority, as applicable, to place the defendant in a mental health program within the state prison or county jail system, respectively, at a level of care determined to be appropriate by the department’s mental health staff or county mental health staff, within 30 days, of the defendant’s placement in the state prison or county jail.
(3)The Department of Corrections and Rehabilitation or the county jail authority, as applicable, regardless of the type of crime committed to prepare a postrelease mental health treatment plan six months prior to the defendant’s release to parole or postrelease community supervision. The treatment plan shall specify the manner in which the defendant will receive mental health treatment services following that release, and shall address, if applicable and in the discretion of the court, medication management, housing, and substance abuse treatment.
(d)(1)The defendant or prosecutor may, at any time, petition the court for approval to transfer the defendant from a residential mental health treatment facility to a mental health program within the state prison or county jail for the remainder of the defendant’s sentence.
(2)The defendant, prosecutor, Department of Corrections and Rehabilitation, or county jail authority, as applicable, may, at any time, petition the court for permission to remove the defendant from a mental health program within the state prison or county jail system, respectively.
(3)The defendant, prosecutor, Department of Corrections and Rehabilitation, or county jail authority, as applicable, may, at any time, petition the court for dismissal of the requirement that the Department of Corrections and Rehabilitation or county jail authority, respectively, prepare a postrelease mental health treatment plan.
(e)The defendant shall have the right to counsel for all proceedings under this section.
1425.
(a) A defendant who has pleaded guilty or nolo contendere to, or was convicted of, a felony or misdemeanor and who currently is, or at any prior time was, eligible for public mental health services due to serious mental illness or who currently is, or at any prior time was, eligible for Social Security Disability Insurance benefits due to a diagnosed mental illness may petition the court for a sentence that includes mental health treatment. The petition shall be filed after the defendant’s plea or conviction, but before his or her sentencing.
(b) The defendant shall bear the burden of establishing by a preponderance of the evidence that he or she meets the criteria in subdivision (a).
(c) If the court determines that the defendant has met his or her burden, as described in subdivision (b), and that it is in the public interest, the court may order that the defendant’s sentence include one or more of the following:
(1) (A) A requirement that the defendant serve, if the defendant agrees, all or a part of his or her sentence in a residential mental health treatment facility instead of in the state prison or a county jail, if that placement would not pose an unreasonable risk of danger to public safety and is in the interest of justice pursuant to Section 1385.
(B) A defendant is not eligible for subparagraph (A) if his or her current plea or conviction is for a violent felony, as defined in subdivision (c) of Section 667.5, or if the defendant is required by statute to serve his or her entire sentence only in state prison.
(2) Regardless of the offense to which the defendant pleaded guilty or nolo contendere or for which the defendant was convicted, a requirement that the Department of Corrections and Rehabilitation or county jail authority, as applicable, place the defendant in a mental health program within the state prison or county jail system at a level of care determined to be appropriate by the department’s mental health staff or county mental health staff, within 30 days of the defendant’s sentencing.
(3) Regardless of the offense to which the defendant pleaded guilty or nolo contendere or for which the defendant was convicted, a requirement that the Department of Corrections and Rehabilitation or the county jail authority, as applicable, prepare a postrelease mental health treatment plan six months prior to the defendant’s release from custody. The treatment plan shall specify the manner in which the defendant will receive mental health treatment services following release from custody and shall address, if applicable and at the discretion of the court, medication management, housing, and substance abuse treatment.
(d) At any time, upon a petition from the defendant or prosecutor, if it is in the public interest, the court may recall a sentence that includes a mental health treatment order issued under this section and either resentence the defendant to other mental health treatment authorized under subdivision (c) or resentence the defendant in the same manner as if he or she had not previously been sentenced with application of this section. The defendant shall receive credit for the time he or she served on the prior sentence.
(e) The defendant shall have the right to counsel for all proceedings under this section.
SEC. 3.
SEC. 4.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
### Summary:
This bill would enact the Mental Health Justice Act, which would require the court to consider evidence of a defendant’s mental illness in sentencing, and would authorize the |
The people of the State of California do enact as follows:
SECTION 1.
Section 144.9 is added to the Labor Code, to read:
144.9.
(a) As used in this section:
(1) “Division” means the Division of Occupational Safety and Health.
(2) “Electrocautery device” means a device that is electrically heated to cut, ablate, or coagulate human tissue for therapeutic purposes.
(3) “Electrosurgical device” means a device that uses a radio frequency electric current passing through the patient to cut, ablate, or coagulate human tissue for therapeutic purposes.
(4) “Energy-based device” means a device that uses energy to ablate, cauterize, or mechanically manipulate target human tissue including lasers, electrosurgical generators, broadband light sources, ultrasonic instruments, plasma generators, bone saws, and drills.
(5) “Health facility” means a health facility as defined in subdivision (a) of Section 1250 of the Health and Safety Code.
(6) “Plume” means noxious airborne contaminants generated as byproducts of the use of energy-based devices, electrosurgical devices, electrocautery devices, or mechanical tools during surgical, diagnostic, or therapeutic procedures.
(7) “Plume scavenging system” means smoke evacuators, laser plume evacuators, plume scavengers, and local exhaust ventilators that capture and neutralize plume at the site of origin and before plume can make ocular contact or contact with the respiratory tract of employees.
(b) (1) The division, by June 1, 2017, shall convene an advisory committee to develop a regulation that requires a health facility to evacuate or remove plume through the use of a plume scavenging system in all settings that employ techniques that involve the creation of plume. The advisory committee may include health facilities, practicing physicians and surgeons from affected specialties, registered nurses and other affected health care personnel, labor and specialty organizations representing affected registered nurses, labor and specialty organizations representing other affected health care personnel, and other stakeholders.
(2) By June 1, 2018, the division shall submit to the board the proposed regulation requiring a health facility to evacuate or remove plume through the use of a plume scavenging system in all settings that employ techniques that involve the creation of plume.
(3) In developing the regulation, the division shall do all of the following:
(A) Evaluate using as a benchmark the standards titled “Systems for evacuation of plume generated by medical devices” (ISO 16571) adopted by the International Organization for Standardization and the standards titled “Plume scavenging in surgical, diagnostic, therapeutic, and aesthetic settings” (CSA Z305.13-13) adopted by the CSA Group.
(B) Take into consideration recommendations on the evacuation of plume from the federal Occupational Safety and Health Administration and National Institute for Occupational Safety and Health.
(C) Take into consideration the standards titled “Systems for evacuation of plume generated by medical devices” (ISO 16571) adopted by the International Organization for Standardization in developing a standard establishing how much plume shall be captured by a plume scavenging system.
(D) Include a requirement in the regulation for employers to provide training to all workers foreseeably participating in procedures that involve the creation of plume. The training shall include, but not be limited to, general education on the contents of plume, the circumstances in which it is generated, the associated health and safety hazards, and appropriate use of the plume scavenging equipment and systems utilized by the health facility. The training shall be designed to provide an opportunity for interactive questions and answers with a person knowledgeable about occupational exposure to plume and the specific equipment utilized to scavenge plume.
(c) The board shall, by July 1, 2019, adopt the proposed regulation of the division, except as specified in subdivision (f), requiring a health facility to evacuate or remove plume through the use of a plume scavenging system in all settings that employ techniques that involve the creation of plume.
(d) (1) Nothing in this section alters, amends, expands, or reduces existing general room ventilation standards or requirements. These plume scavenging standards are in addition to general room ventilation standards or requirements, and compliance with general room ventilation standards shall not satisfy the requirements of this section.
(2) Evidence that the plume scavenging system conforms to the minimum requirements of this section when installed, operated, and maintained in accordance with the manufacturer’s instructions, shall be provided by the manufacturer.
(e) The use of surgical masks shall not satisfy the requirements of this section. The use of respirators shall not satisfy the requirements of this section except when, due to medical necessity, the plume scavenging system is not able to be located where it effectively captures plume.
(f) This section shall not limit the authority of the division to develop a regulation, or the authority of the board to adopt a regulation, that is broader in scope or broader in application than required by this section.
SEC. 2.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. | Under existing law, the Occupational Safety and Health Standards Board within the Department of Industrial Relations promulgates and enforces occupational safety and health standards for the state, including standards dealing with toxic materials and harmful physical agents. Under existing law, the Division of Occupational Safety and Health is required to enforce all occupational safety and health standards, as specified. A violation of these standards and regulations under specific circumstances is a crime.
This bill would, by June 1, 2017, require the division to convene an advisory committee to develop a regulation that requires a health facility to evacuate or remove plume through the use of a plume scavenging system in all settings that employ techniques that involve the creation of plume and would authorize certain entities and people to be on the advisory committee, including, among others, practicing physicians and surgeons from affected specialties. The bill would require the division, in developing the regulation to do certain things, including evaluating the use of certain standards adopted by specified organizations as a benchmark. The bill would also require the division, when developing the proposed regulation, to take into consideration recommendations on the evacuation of plume from the federal Occupational Safety and Health Administration or National Institute for Occupational Safety and Health. The bill would, by June 1, 2018, require the division to submit to the board the proposed regulation. The bill would, by July 1, 2019, require the board to adopt the proposed regulation.
The bill would provide that compliance with general room ventilation standards or the use of surgical masks does not satisfy the requirements for protection from surgical plumes under these provisions. The bill would provide that the use of respirators does not satisfy the requirements for protection from surgical plumes under these provisions, except as specified. The bill would require the manufacturer of a plume scavenging system to provide evidence that the system meets specified minimum requirements when installed, operated, and maintained in accordance with the manufacturer’s instructions.
The bill would specify that these provisions do not limit the authority of the division to develop, or limit the authority of the board to adopt, a regulation with a broader scope or broader application than required by these provisions.
By expanding the definition of an existing crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
Section 144.9 is added to the Labor Code, to read:
144.9.
(a) As used in this section:
(1) “Division” means the Division of Occupational Safety and Health.
(2) “Electrocautery device” means a device that is electrically heated to cut, ablate, or coagulate human tissue for therapeutic purposes.
(3) “Electrosurgical device” means a device that uses a radio frequency electric current passing through the patient to cut, ablate, or coagulate human tissue for therapeutic purposes.
(4) “Energy-based device” means a device that uses energy to ablate, cauterize, or mechanically manipulate target human tissue including lasers, electrosurgical generators, broadband light sources, ultrasonic instruments, plasma generators, bone saws, and drills.
(5) “Health facility” means a health facility as defined in subdivision (a) of Section 1250 of the Health and Safety Code.
(6) “Plume” means noxious airborne contaminants generated as byproducts of the use of energy-based devices, electrosurgical devices, electrocautery devices, or mechanical tools during surgical, diagnostic, or therapeutic procedures.
(7) “Plume scavenging system” means smoke evacuators, laser plume evacuators, plume scavengers, and local exhaust ventilators that capture and neutralize plume at the site of origin and before plume can make ocular contact or contact with the respiratory tract of employees.
(b) (1) The division, by June 1, 2017, shall convene an advisory committee to develop a regulation that requires a health facility to evacuate or remove plume through the use of a plume scavenging system in all settings that employ techniques that involve the creation of plume. The advisory committee may include health facilities, practicing physicians and surgeons from affected specialties, registered nurses and other affected health care personnel, labor and specialty organizations representing affected registered nurses, labor and specialty organizations representing other affected health care personnel, and other stakeholders.
(2) By June 1, 2018, the division shall submit to the board the proposed regulation requiring a health facility to evacuate or remove plume through the use of a plume scavenging system in all settings that employ techniques that involve the creation of plume.
(3) In developing the regulation, the division shall do all of the following:
(A) Evaluate using as a benchmark the standards titled “Systems for evacuation of plume generated by medical devices” (ISO 16571) adopted by the International Organization for Standardization and the standards titled “Plume scavenging in surgical, diagnostic, therapeutic, and aesthetic settings” (CSA Z305.13-13) adopted by the CSA Group.
(B) Take into consideration recommendations on the evacuation of plume from the federal Occupational Safety and Health Administration and National Institute for Occupational Safety and Health.
(C) Take into consideration the standards titled “Systems for evacuation of plume generated by medical devices” (ISO 16571) adopted by the International Organization for Standardization in developing a standard establishing how much plume shall be captured by a plume scavenging system.
(D) Include a requirement in the regulation for employers to provide training to all workers foreseeably participating in procedures that involve the creation of plume. The training shall include, but not be limited to, general education on the contents of plume, the circumstances in which it is generated, the associated health and safety hazards, and appropriate use of the plume scavenging equipment and systems utilized by the health facility. The training shall be designed to provide an opportunity for interactive questions and answers with a person knowledgeable about occupational exposure to plume and the specific equipment utilized to scavenge plume.
(c) The board shall, by July 1, 2019, adopt the proposed regulation of the division, except as specified in subdivision (f), requiring a health facility to evacuate or remove plume through the use of a plume scavenging system in all settings that employ techniques that involve the creation of plume.
(d) (1) Nothing in this section alters, amends, expands, or reduces existing general room ventilation standards or requirements. These plume scavenging standards are in addition to general room ventilation standards or requirements, and compliance with general room ventilation standards shall not satisfy the requirements of this section.
(2) Evidence that the plume scavenging system conforms to the minimum requirements of this section when installed, operated, and maintained in accordance with the manufacturer’s instructions, shall be provided by the manufacturer.
(e) The use of surgical masks shall not satisfy the requirements of this section. The use of respirators shall not satisfy the requirements of this section except when, due to medical necessity, the plume scavenging system is not able to be located where it effectively captures plume.
(f) This section shall not limit the authority of the division to develop a regulation, or the authority of the board to adopt a regulation, that is broader in scope or broader in application than required by this section.
SEC. 2.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
### Summary:
<bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos> |
The people of the State of California do enact as follows:
SECTION 1.
Section 14103 of the Financial Code is amended to read:
14103.
The bylaws shall prescribe the manner in which the business of the credit union shall be conducted with reference to the following matters:
(a) The purpose of the credit union.
(b) The qualification for membership.
(c) Determination of the month, time and place of the annual meeting; the manner of conducting meetings; the method by which members shall be notified of meetings; and the number of members which shall constitute a quorum.
(d) The authorized number of directors, the number of directors necessary to constitute a quorum, and the powers and duties of officers elected by the directors.
(e) The membership, powers, and duties of the supervisory or audit committee, as applicable.
(f) The membership, powers, and duties of the credit committee or if applicable, the general powers, responsibilities and duties of the credit manager.
(g) The manner in which the bylaws may be amended.
SEC. 2.
Section 14252 of the Financial Code is amended to read:
14252.
(a) A credit union with total assets equal to or greater than ten million dollars ($10,000,000) shall, within 105 days after the end of each fiscal year or within any extended time that the commissioner may specify, file with the commissioner an audit report for the fiscal year.
(b) The audit report called for in subdivision (a) shall comply with all of the following provisions:
(1) The audit report shall contain the audited financial statements of the credit union for, or as of the end of, the fiscal year, prepared in accordance with generally accepted accounting principles that the commissioner may specify, and any other information that the commissioner may specify.
(2) The audit report shall be based upon an audit of the credit union, conducted in accordance with generally accepted auditing standards, and any other requirements that the commissioner may specify.
(3) The audit report shall be prepared by an independent certified public accountant or independent public accountant who is acceptable to the commissioner.
(4) The audit report shall include, or be accompanied by, a certificate or opinion of the independent certified public accountant or independent public accountant that is satisfactory in form and content to the commissioner. If the certificate or opinion is qualified, the commissioner may order the credit union to take any action that the commissioner may find necessary or advisable to enable the independent certified public accountant or independent public accountant to remove the qualification.
(c) A credit union with total assets of less than ten million dollars ($10,000,000) shall, within 105 days after the end of each fiscal year or within any extended time that the commissioner may specify, file with the commissioner an audit report for the fiscal year.
(d) The audit report called for in subdivision (c) may comply with all the provisions of subdivision (b), or may consist of alternative procedures acceptable to the commissioner. An alternative procedures audit may be performed by any of the following:
(1) An independent certified public accountant.
(2) An independent public accountant.
(3) The credit union’s supervisory or audit committee, as applicable, provided that the audit complies with the requirements of Section 14253.
(e) Notwithstanding subdivision (d), the commissioner may reject an alternative procedures audit that he or she determines is not satisfactory. If the commissioner rejects an alternative procedures audit for any reason, he or she may order a credit union to obtain an audit that is satisfactory to the commissioner.
(f) The commissioner may, by order or regulation, either unconditionally or upon specified terms and conditions, grant an exemption from this section in any case where the commissioner finds that the requirements of this section are not necessary or advisable.
SEC. 3.
Section 14453 of the Financial Code is amended to read:
14453.
The board of directors of every credit union shall have the general management of the affairs, funds, and records of the credit union. The board shall meet on a regular basis, not less than quarterly, as reasonably determined by the board. The board may appoint an executive committee of no fewer than three directors, to serve at its pleasure, to act as expressly approved by the board of directors in accordance with the laws and regulations.
SEC. 4.
Section 14456 of the Financial Code is amended to read:
14456.
Unless the bylaws expressly reserve any or all of the following duties to the members, the directors have all of the following special duties:
(a) To act upon all applications for membership. The directors may delegate the power to approve applications for new membership to: (1) the chairperson of a membership committee or to an executive committee; or (2) any officer, director, committee member, or employee, pursuant to a written membership plan adopted by the board of directors.
(b) To expel members for any of the following causes:
(1) Conviction of a criminal offense involving moral turpitude.
(2) Failure to carry out contracts, agreements, or obligations with the credit union.
(3) Refusal to comply with the provisions of this division or of the bylaws.
Any members who are expelled by the board of directors have the right to appeal therefrom to the members, in which event, after hearing, the order of suspension may be revoked by a two-thirds vote of the members present at a special meeting to consider the matter.
(c) To determine from time to time the interest rate on obligations with members and to authorize the payment of interest refunds to borrowing members.
(d) To fix the maximum number of shares which may be held by, and, in accordance with Section 15100, establish the maximum amount of obligations which may be entered into with, any one member.
(e) To declare dividends on shares in accordance with the credit union’s written capital structure policy and to determine the interest rate or rates which will be paid on certificates for funds.
(f) To amend the bylaws, except where membership approval is required.
(g) To fill vacancies in the credit committee, and to temporarily fill vacancies caused by the suspension of any or all members of the credit committee, pending a meeting of the members to determine whether to affirm the suspension and vacate the office, or to reinstate the member or members.
(h) To direct the deposit or investment of funds, except loans to members.
(i) To designate alternate members of the credit committee who shall serve in the absence or inability of the regular members to perform their duties.
(j) To perform or authorize any action not inconsistent with law or regulation and not specifically reserved by the bylaws for the members, and to perform any other duties as the bylaws may prescribe.
SEC. 5.
Section 14550 of the Financial Code is amended to read:
14550.
Every credit union shall have a supervisory committee of at least three persons, provided that the number of members on the committee is an odd number, each of whom shall be a member of the credit union and elected by the members of the credit union. In the alternative, the board of directors may establish an audit committee subject to the requirements of Section 14556.
SEC. 6.
Section 14556 is added to the Financial Code, to read:
14556.
(a) The board of directors may, by resolution, establish an audit committee in lieu of a supervisory committee. An audit committee that meets all the requirements of this section shall be deemed to satisfy the requirements for a supervisory committee set forth in Sections 14550 to 14555, inclusive, or in any applicable bylaw provision.
(b) The vote of the board of directors to establish an audit committee in lieu of a supervisory committee shall be affirmed by a majority vote of members voting. Following the affirmative vote of the membership, the supervisory committee shall be deemed dissolved upon the appointment of an audit committee by the board of directors.
(c) The audit committee shall consist of at least three persons, provided that it is an odd number, each of whom shall be a member of the credit union and appointed by a majority of the board of directors. The audit committee may be comprised of directors, or both directors and non-directors, provided that no less than a majority of the members of the audit committee at any given time shall be comprised of directors. No member of the audit committee shall serve as a member of the credit committee, as the credit manager, as the board chairman, or as an employee of the credit union.
(d) The audit committee shall carry out the responsibilities set forth in subdivision (c) of Section 14551 and Sections 14551.5 and 14553 and shall:
(1) Ensure that the credit union complies with Section 14252.
(2) Ensure that the credit union maintains an effective internal audit program, including a system of internal controls and individuals with sufficient training and experience to adequately and timely review all key areas of a credit union’s operations.
(e) The board of directors may, by subsequent resolution, reestablish a supervisory committee in lieu of an audit committee, which shall be affirmed by membership vote. The audit committee shall be deemed dissolved upon the election of a supervisory committee by the membership.
SEC. 7.
Section 14804 of the Financial Code is amended to read:
14804.
The members of a credit union shall hold an annual meeting for the election of: (a) directors; (b) a supervisory committee, unless the board of directors has appointed an audit committee pursuant to Section 14556; and (c) a credit committee, if provided for in its bylaws. The annual meeting shall be held upon such notice and at such time and place as the bylaws provide.
SEC. 8.
Section 14950 of the Financial Code is amended to read:
14950.
(a) Every credit union may enter into obligations with its members upon the approval of the credit committee or, in the alternative, the credit manager, subject to the terms and conditions established by the board of directors pursuant to Section 15100.
(b) (1) The board of directors of a credit union shall adopt a policy governing the acceptance by the credit union of notes receivable from nonmembers as consideration for the sale of assets owned by the credit union through bona fide transactions.
(2) No credit union may accept notes receivable from nonmembers as consideration for the sale of assets owned by the credit union except in accordance with a policy adopted by the board of directors pursuant to paragraph (1).
(3) Transactions subject to this subdivision shall not be deemed to be loans to nonmembers for purposes of Section 14750.
(c) Notwithstanding subdivision (a), a credit union may permit a nonmember to participate in an obligation or extension of credit to a member as a joint applicant, co-obligor, coborrower, surety, or guarantor. An obligation or extension of credit made pursuant to this subdivision shall not be deemed a violation of subdivision (b) of Section 14800. Except as otherwise permitted by statute or regulation, the credit union shall not extend any other benefit or service of the credit union to the nonmember solely as a result of participation as a joint applicant, co-obligor, coborrower, surety, or guarantor unless the nonmember is thereafter admitted to membership.
SEC. 9.
Section 14951 of the Financial Code is repealed.
SEC. 10.
Section 15050 of the Financial Code is amended to read:
15050.
(a) For purposes of this section, the following definitions shall apply:
(1) “Credit manager” means any individual, regardless of title, designated pursuant to Section 14600 to fulfill the duties of a credit manager.
(2) “Obligation” means any loan or approved line of credit, including both used and unused portions, on which the official is a borrower, coborrower, cosigner, endorser, or guarantor.
(3) “Official” means a director, member of the supervisory committee, member of the audit committee, member of the credit committee, credit manager, president, or chief executive officer of a credit union.
(b) No credit union shall enter into any obligation with any official, directly or indirectly, unless (1) the obligation complies with all lawful requirements of this division with respect to obligations permitted for other members of the credit union, (2) the obligation is not on terms more favorable than those extended to other members of the credit union, and (3) the obligation is entered into in accordance with a written policy adopted by the directors establishing that all officials shall have an equal opportunity to enter into obligations with the credit union.
(c) No credit union shall enter into any obligation with any official, directly or indirectly, unless all of the following requirements are satisfied:
(1) Upon the making of the obligation, the aggregate amount of obligations outstanding to all officials, except obligations fully secured by shares, shall not exceed 20 percent of the aggregate dollar amount of all savings capital of the credit union.
(2) The obligation, except any portion of an obligation fully secured by shares, shall not exceed the maximum obligation to the credit union set forth in subdivisions (b) and (c) of Section 15100.
(3) Any obligation that would cause the aggregate amount of obligations outstanding to the official to exceed fifty thousand dollars ($50,000), excluding any portion fully secured by shares, shall be approved by the credit committee or the credit manager, and by the board of directors. An official shall not take part in any credit decision, directly or indirectly, for his or her benefit and shall not be present during any portion of any committee or board meeting where his or her credit application is under consideration.
(4) The names of members of the credit committee, the credit manager, and board of directors who voted to authorize or ratify the obligation shall be entered in their respective minutes.
(d) No credit union shall permit an official to become surety for any obligation created by the credit union for anyone other than a member of his or her immediate family.
(e) No credit union shall enter into any obligation with any credit manager or any officer employed by the credit union unless the obligation is in compliance with all requirements of this division with respect to obligations permitted for other nonemployee members, and not on terms more favorable than those extended to other employees, and approved by the board of directors.
SEC. 11.
Section 15100 of the Financial Code is amended to read:
15100.
(a) The board of directors shall establish written policies which shall set forth the policies of the credit union with respect to any obligation that is offered to the members of the credit union. The written policies shall set forth the maximum amounts and terms for any obligation offered to the members, including, but not limited to, the following information:
(1) For loans, the written policies shall set out the terms for unsecured loans, the maximum amount and terms for secured loans, the schedule of interest rates established pursuant to Section 15000 for each type or class of unsecured and secured loan offered to members, the maximum maturity for any loan, or, in the case of an open-end loan, the rate of repayment for any type or class of open-end loan, the limitations, if any, which shall be placed on the authority of any loan officer appointed pursuant to Sections 14602 and 14603, and, subject to the provisions of subdivisions (b) and (c), the individual limits on obligations that are applicable to all members of the credit union. Any policy developed pursuant to this section by the board of directors shall, insofar as possible, and, subject to individual creditworthiness, ensure equal access to funds available for obligations with credit union members.
(2) For obligations other than those set out in paragraph (1), the board of directors shall set out the interest rates and essential terms of the obligations offered to the members and any other information as may be required pursuant to regulations that may be adopted by the commissioner.
(b) Notwithstanding subdivision (a), no credit union policy shall permit a credit union to enter into obligations with an individual credit union member whereby the total obligations of that member, exclusive of amounts secured by shares or certificates for funds, exceed 10 percent of the aggregate dollar amount of the credit union’s savings capital.
(c) Notwithstanding subdivision (b), no credit union policy shall permit a credit union to enter into obligations with any one family whereby the total obligations of the family would be greater than the amount permitted by subdivision (b). For purposes of this article, “family” means the marital couple or any head of household together with those dependents residing with the marital couple or the head of household and those dependents attending school away from the principal residence of the marital couple or head of household. | (1) The California Credit Union Law provides for the regulation of credit unions within the state by the Commissioner of Business Oversight. The law requires a credit union to be directed by a board of directors consisting of an odd number of directors, at least 5 in number, each of whom are a member of the credit union, to be elected by the members at their annual meeting. The law requires a credit union to have a supervisory committee of at least 3 persons, each of whom is a member of the credit union. The law authorizes the directors to delegate the approval of applications for new memberships to any officer, director, committee member, or employee pursuant to a written membership plan adopted by the board, provided the board reviews, at least quarterly, a report of membership applications approved by an officer, director, committee member, or employee.
This bill would require the board to meet on a regular basis, not less than quarterly, as reasonably determined by the board. The bill would require the membership of the supervisory committee to be an odd number and would authorize, in lieu of the requirement for a supervisory committee, the establishment of an audit committee and the selection of the members of the audit committee. The bill would remove the requirement for the directors to, at least quarterly, review a report of membership applications approved by an officer, director, committee member, or employee to whom the directors delegated the authority to approve applications for new membership.
(2) The California Credit Union Law prohibits an obligation with a member that is not a natural person and results in liability to the credit union in excess of that member’s investment in the credit union unless an exception is authorized in the credit union’s bylaws and approved by the commissioner. The law authorizes any lending activity permitted pursuant to this provision to be terminated by the commissioner pursuant to a specific procedure.
This bill would repeal this prohibition.
(3) The California Credit Union Law limits the circumstances when a nonmember may participate in an obligation or extension of credit to a member as a joint applicant or co-obligor.
This bill would include the terms coborrower, surety, and guarantor within these provisions.
(4) The California Credit Union Law limits a credit union from entering, directly or indirectly, into any obligation with an official, and defines that term to mean a director, officer, member of the supervisory committee, or member of the credit committee of a credit union.
This bill would modify that definition to remove the position of an officer, and to include the positions of a member of the audit committee, credit manager, president, and chief executive officer of a credit union.
(5) The California Credit Union Law requires any application for any loan or extension or guarantee of credit, except as specified, to state in writing the purpose for which the loan or extension or guarantee of credit is desired, and, if applicable, describe the property that is proposed to secure the loan or extension or guarantee of credit.
This bill would repeal this requirement. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
Section 14103 of the Financial Code is amended to read:
14103.
The bylaws shall prescribe the manner in which the business of the credit union shall be conducted with reference to the following matters:
(a) The purpose of the credit union.
(b) The qualification for membership.
(c) Determination of the month, time and place of the annual meeting; the manner of conducting meetings; the method by which members shall be notified of meetings; and the number of members which shall constitute a quorum.
(d) The authorized number of directors, the number of directors necessary to constitute a quorum, and the powers and duties of officers elected by the directors.
(e) The membership, powers, and duties of the supervisory or audit committee, as applicable.
(f) The membership, powers, and duties of the credit committee or if applicable, the general powers, responsibilities and duties of the credit manager.
(g) The manner in which the bylaws may be amended.
SEC. 2.
Section 14252 of the Financial Code is amended to read:
14252.
(a) A credit union with total assets equal to or greater than ten million dollars ($10,000,000) shall, within 105 days after the end of each fiscal year or within any extended time that the commissioner may specify, file with the commissioner an audit report for the fiscal year.
(b) The audit report called for in subdivision (a) shall comply with all of the following provisions:
(1) The audit report shall contain the audited financial statements of the credit union for, or as of the end of, the fiscal year, prepared in accordance with generally accepted accounting principles that the commissioner may specify, and any other information that the commissioner may specify.
(2) The audit report shall be based upon an audit of the credit union, conducted in accordance with generally accepted auditing standards, and any other requirements that the commissioner may specify.
(3) The audit report shall be prepared by an independent certified public accountant or independent public accountant who is acceptable to the commissioner.
(4) The audit report shall include, or be accompanied by, a certificate or opinion of the independent certified public accountant or independent public accountant that is satisfactory in form and content to the commissioner. If the certificate or opinion is qualified, the commissioner may order the credit union to take any action that the commissioner may find necessary or advisable to enable the independent certified public accountant or independent public accountant to remove the qualification.
(c) A credit union with total assets of less than ten million dollars ($10,000,000) shall, within 105 days after the end of each fiscal year or within any extended time that the commissioner may specify, file with the commissioner an audit report for the fiscal year.
(d) The audit report called for in subdivision (c) may comply with all the provisions of subdivision (b), or may consist of alternative procedures acceptable to the commissioner. An alternative procedures audit may be performed by any of the following:
(1) An independent certified public accountant.
(2) An independent public accountant.
(3) The credit union’s supervisory or audit committee, as applicable, provided that the audit complies with the requirements of Section 14253.
(e) Notwithstanding subdivision (d), the commissioner may reject an alternative procedures audit that he or she determines is not satisfactory. If the commissioner rejects an alternative procedures audit for any reason, he or she may order a credit union to obtain an audit that is satisfactory to the commissioner.
(f) The commissioner may, by order or regulation, either unconditionally or upon specified terms and conditions, grant an exemption from this section in any case where the commissioner finds that the requirements of this section are not necessary or advisable.
SEC. 3.
Section 14453 of the Financial Code is amended to read:
14453.
The board of directors of every credit union shall have the general management of the affairs, funds, and records of the credit union. The board shall meet on a regular basis, not less than quarterly, as reasonably determined by the board. The board may appoint an executive committee of no fewer than three directors, to serve at its pleasure, to act as expressly approved by the board of directors in accordance with the laws and regulations.
SEC. 4.
Section 14456 of the Financial Code is amended to read:
14456.
Unless the bylaws expressly reserve any or all of the following duties to the members, the directors have all of the following special duties:
(a) To act upon all applications for membership. The directors may delegate the power to approve applications for new membership to: (1) the chairperson of a membership committee or to an executive committee; or (2) any officer, director, committee member, or employee, pursuant to a written membership plan adopted by the board of directors.
(b) To expel members for any of the following causes:
(1) Conviction of a criminal offense involving moral turpitude.
(2) Failure to carry out contracts, agreements, or obligations with the credit union.
(3) Refusal to comply with the provisions of this division or of the bylaws.
Any members who are expelled by the board of directors have the right to appeal therefrom to the members, in which event, after hearing, the order of suspension may be revoked by a two-thirds vote of the members present at a special meeting to consider the matter.
(c) To determine from time to time the interest rate on obligations with members and to authorize the payment of interest refunds to borrowing members.
(d) To fix the maximum number of shares which may be held by, and, in accordance with Section 15100, establish the maximum amount of obligations which may be entered into with, any one member.
(e) To declare dividends on shares in accordance with the credit union’s written capital structure policy and to determine the interest rate or rates which will be paid on certificates for funds.
(f) To amend the bylaws, except where membership approval is required.
(g) To fill vacancies in the credit committee, and to temporarily fill vacancies caused by the suspension of any or all members of the credit committee, pending a meeting of the members to determine whether to affirm the suspension and vacate the office, or to reinstate the member or members.
(h) To direct the deposit or investment of funds, except loans to members.
(i) To designate alternate members of the credit committee who shall serve in the absence or inability of the regular members to perform their duties.
(j) To perform or authorize any action not inconsistent with law or regulation and not specifically reserved by the bylaws for the members, and to perform any other duties as the bylaws may prescribe.
SEC. 5.
Section 14550 of the Financial Code is amended to read:
14550.
Every credit union shall have a supervisory committee of at least three persons, provided that the number of members on the committee is an odd number, each of whom shall be a member of the credit union and elected by the members of the credit union. In the alternative, the board of directors may establish an audit committee subject to the requirements of Section 14556.
SEC. 6.
Section 14556 is added to the Financial Code, to read:
14556.
(a) The board of directors may, by resolution, establish an audit committee in lieu of a supervisory committee. An audit committee that meets all the requirements of this section shall be deemed to satisfy the requirements for a supervisory committee set forth in Sections 14550 to 14555, inclusive, or in any applicable bylaw provision.
(b) The vote of the board of directors to establish an audit committee in lieu of a supervisory committee shall be affirmed by a majority vote of members voting. Following the affirmative vote of the membership, the supervisory committee shall be deemed dissolved upon the appointment of an audit committee by the board of directors.
(c) The audit committee shall consist of at least three persons, provided that it is an odd number, each of whom shall be a member of the credit union and appointed by a majority of the board of directors. The audit committee may be comprised of directors, or both directors and non-directors, provided that no less than a majority of the members of the audit committee at any given time shall be comprised of directors. No member of the audit committee shall serve as a member of the credit committee, as the credit manager, as the board chairman, or as an employee of the credit union.
(d) The audit committee shall carry out the responsibilities set forth in subdivision (c) of Section 14551 and Sections 14551.5 and 14553 and shall:
(1) Ensure that the credit union complies with Section 14252.
(2) Ensure that the credit union maintains an effective internal audit program, including a system of internal controls and individuals with sufficient training and experience to adequately and timely review all key areas of a credit union’s operations.
(e) The board of directors may, by subsequent resolution, reestablish a supervisory committee in lieu of an audit committee, which shall be affirmed by membership vote. The audit committee shall be deemed dissolved upon the election of a supervisory committee by the membership.
SEC. 7.
Section 14804 of the Financial Code is amended to read:
14804.
The members of a credit union shall hold an annual meeting for the election of: (a) directors; (b) a supervisory committee, unless the board of directors has appointed an audit committee pursuant to Section 14556; and (c) a credit committee, if provided for in its bylaws. The annual meeting shall be held upon such notice and at such time and place as the bylaws provide.
SEC. 8.
Section 14950 of the Financial Code is amended to read:
14950.
(a) Every credit union may enter into obligations with its members upon the approval of the credit committee or, in the alternative, the credit manager, subject to the terms and conditions established by the board of directors pursuant to Section 15100.
(b) (1) The board of directors of a credit union shall adopt a policy governing the acceptance by the credit union of notes receivable from nonmembers as consideration for the sale of assets owned by the credit union through bona fide transactions.
(2) No credit union may accept notes receivable from nonmembers as consideration for the sale of assets owned by the credit union except in accordance with a policy adopted by the board of directors pursuant to paragraph (1).
(3) Transactions subject to this subdivision shall not be deemed to be loans to nonmembers for purposes of Section 14750.
(c) Notwithstanding subdivision (a), a credit union may permit a nonmember to participate in an obligation or extension of credit to a member as a joint applicant, co-obligor, coborrower, surety, or guarantor. An obligation or extension of credit made pursuant to this subdivision shall not be deemed a violation of subdivision (b) of Section 14800. Except as otherwise permitted by statute or regulation, the credit union shall not extend any other benefit or service of the credit union to the nonmember solely as a result of participation as a joint applicant, co-obligor, coborrower, surety, or guarantor unless the nonmember is thereafter admitted to membership.
SEC. 9.
Section 14951 of the Financial Code is repealed.
SEC. 10.
Section 15050 of the Financial Code is amended to read:
15050.
(a) For purposes of this section, the following definitions shall apply:
(1) “Credit manager” means any individual, regardless of title, designated pursuant to Section 14600 to fulfill the duties of a credit manager.
(2) “Obligation” means any loan or approved line of credit, including both used and unused portions, on which the official is a borrower, coborrower, cosigner, endorser, or guarantor.
(3) “Official” means a director, member of the supervisory committee, member of the audit committee, member of the credit committee, credit manager, president, or chief executive officer of a credit union.
(b) No credit union shall enter into any obligation with any official, directly or indirectly, unless (1) the obligation complies with all lawful requirements of this division with respect to obligations permitted for other members of the credit union, (2) the obligation is not on terms more favorable than those extended to other members of the credit union, and (3) the obligation is entered into in accordance with a written policy adopted by the directors establishing that all officials shall have an equal opportunity to enter into obligations with the credit union.
(c) No credit union shall enter into any obligation with any official, directly or indirectly, unless all of the following requirements are satisfied:
(1) Upon the making of the obligation, the aggregate amount of obligations outstanding to all officials, except obligations fully secured by shares, shall not exceed 20 percent of the aggregate dollar amount of all savings capital of the credit union.
(2) The obligation, except any portion of an obligation fully secured by shares, shall not exceed the maximum obligation to the credit union set forth in subdivisions (b) and (c) of Section 15100.
(3) Any obligation that would cause the aggregate amount of obligations outstanding to the official to exceed fifty thousand dollars ($50,000), excluding any portion fully secured by shares, shall be approved by the credit committee or the credit manager, and by the board of directors. An official shall not take part in any credit decision, directly or indirectly, for his or her benefit and shall not be present during any portion of any committee or board meeting where his or her credit application is under consideration.
(4) The names of members of the credit committee, the credit manager, and board of directors who voted to authorize or ratify the obligation shall be entered in their respective minutes.
(d) No credit union shall permit an official to become surety for any obligation created by the credit union for anyone other than a member of his or her immediate family.
(e) No credit union shall enter into any obligation with any credit manager or any officer employed by the credit union unless the obligation is in compliance with all requirements of this division with respect to obligations permitted for other nonemployee members, and not on terms more favorable than those extended to other employees, and approved by the board of directors.
SEC. 11.
Section 15100 of the Financial Code is amended to read:
15100.
(a) The board of directors shall establish written policies which shall set forth the policies of the credit union with respect to any obligation that is offered to the members of the credit union. The written policies shall set forth the maximum amounts and terms for any obligation offered to the members, including, but not limited to, the following information:
(1) For loans, the written policies shall set out the terms for unsecured loans, the maximum amount and terms for secured loans, the schedule of interest rates established pursuant to Section 15000 for each type or class of unsecured and secured loan offered to members, the maximum maturity for any loan, or, in the case of an open-end loan, the rate of repayment for any type or class of open-end loan, the limitations, if any, which shall be placed on the authority of any loan officer appointed pursuant to Sections 14602 and 14603, and, subject to the provisions of subdivisions (b) and (c), the individual limits on obligations that are applicable to all members of the credit union. Any policy developed pursuant to this section by the board of directors shall, insofar as possible, and, subject to individual creditworthiness, ensure equal access to funds available for obligations with credit union members.
(2) For obligations other than those set out in paragraph (1), the board of directors shall set out the interest rates and essential terms of the obligations offered to the members and any other information as may be required pursuant to regulations that may be adopted by the commissioner.
(b) Notwithstanding subdivision (a), no credit union policy shall permit a credit union to enter into obligations with an individual credit union member whereby the total obligations of that member, exclusive of amounts secured by shares or certificates for funds, exceed 10 percent of the aggregate dollar amount of the credit union’s savings capital.
(c) Notwithstanding subdivision (b), no credit union policy shall permit a credit union to enter into obligations with any one family whereby the total obligations of the family would be greater than the amount permitted by subdivision (b). For purposes of this article, “family” means the marital couple or any head of household together with those dependents residing with the marital couple or the head of household and those dependents attending school away from the principal residence of the marital couple or head of household.
### Summary:
<bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos> |
The people of the State of California do enact as follows:
SECTION 1.
Section 5899 of the Welfare and Institutions Code is amended to read:
5899.
(a) The State Department of Health Care Services, in consultation with the Mental Health Services Oversight and Accountability Commission and the County Behavioral Health Directors Association of California, shall develop and administer instructions for the Annual Mental Health Services Act Revenue and Expenditure Report. The instructions shall include a requirement that the county certify the accuracy of this report. This report shall be submitted electronically to the department and to the Mental Health Services Oversight and Accountability Commission. The department and the commission shall annually post each county’s report on its website in a timely manner.
(b) The department, in consultation with the commission and the County Behavioral Health Directors Association of California, shall revise the instructions described in subdivision (a) by July 1, 2017, and as needed thereafter, to improve the timely and accurate submission of county revenue and expenditure data.
(c) The purpose of the Annual Mental Health Services Act Revenue and Expenditure Report is as follows:
(1) Identify the expenditures of Mental Health Services Act (MHSA) funds that were distributed to each county.
(2) Quantify the amount of additional funds generated for the mental health system as a result of the MHSA.
(3) Identify unexpended funds, and interest earned on MHSA funds.
(4) Determine reversion amounts, if applicable, from prior fiscal year distributions.
(d) This report is intended to provide information that allows for the evaluation of all of the following:
(1) Children’s systems of care.
(2) Prevention and early intervention strategies.
(3) Innovative projects.
(4) Workforce education and training.
(5) Adults and older adults systems of care.
(6) Capital facilities and technology needs.
(e) Based on the report required pursuant to subdivision (a), the State Department of Health Care Services, no later than nine months after the end of each fiscal year, shall collect and publicly report all of the following information, by statewide total and by individual county:
(1) Total revenue received from the Mental Health Services Act (MHSA).
(2) The amount of MHSA funds received by the counties for each of the following components of the act:
(A) Community services and supports.
(B) Prevention and early intervention.
(C) Innovation.
(D) Housing that is not funded under subparagraph (A).
(E) Workforce education and training that is not funded under subparagraph (A).
(F) Capital facilities and technological needs that are not funded under subparagraph (A).
(G) Other mental health services not reflected in subparagraphs (A) to (F), inclusive.
(3) MHSA revenues expended in the prior fiscal year.
(4) The amount of the MHSA funds expended by the counties for each of the components listed in paragraph (2).
(5) Funds held in prudent reserve by each county.
(6) Distributions from the counties’ prudent reserves.
(7) For the most recent fiscal year, the amount of unspent MHSA funds for each component listed in paragraph (2).
(8) MHSA funds subject to reversion and funds that have reverted.
(f) The information required to be reported pursuant to subdivision (e) shall be reported for each fiscal year and shall include statewide totals. The information shall be updated annually, including revisions when necessary. Revisions shall be identified as figures that have been revised from prior year reports. Annual reports shall include fiscal information for a period of not less than 10 fiscal years and shall include information for the most recent fiscal year.
(g) (1) In addition to the information required pursuant to subdivision (e), the department shall publicly report annual county program expenditures for each of the following:
(A) Program administration.
(B) Research and evaluation.
(C) Funds used to support joint powers authorities or other statewide entities.
(2) A county that cannot supply some or all of the information required by paragraph (1) shall provide an explanation as to why and shall provide a timeframe for making the information available.
(3) The department shall work with counties and other local mental health agencies to determine how best to make the information required in paragraph (1) available, including estimates. Estimated information shall be reported as an estimate.
(h) Counties may submit to the department information about programs that address the following areas:
(1) Homelessness.
(2) Criminal justice diversion or related programs.
(3) Suicide prevention.
(4) School-based mental health programs designed to reduce school failure.
(5) Employment or other programs intended to reduce unemployment.
(6) Programs intended to reduce or prevent involvement with the child welfare system.
(7) Stigma reduction.
(8) Programs specifically designed to reduce racial and ethnic disparities.
(9) Programs specifically designed to meet the needs of the following populations:
(A) Veterans.
(B) Lesbian, gay, bisexual, transgender, queer, and questioning (LGBTQQ).
(C) Children.
(D) Transition-age youth.
(E) Adults.
(F) Older adults.
(i) The department shall compile the information in subdivisions (e) to (h), inclusive, collected from counties or other local mental health agencies to promote public understanding of MHSA funds that are distributed statewide and for each county, as well as how those funds are spent and what funds remain available for expenditure.
(j) The department shall consult with the Mental Health Services Oversight and Accountability Commission, the State Controller’s Office, the Department of Finance, counties and other local mental health agencies, and any other agency required to implement this section.
(k) The department shall consolidate reporting requirements when feasible and shall propose to the appropriate policy committees of the Legislature strategies to refine and consolidate reporting requirements to meet the goals of this section.
(l) The department shall make the information required by this section available to the Legislature and the public on its Internet Web site no later than July 1, 2018, and annually thereafter.
(m) If a county does not submit the annual revenue and expenditure report described in subdivision (a) by the required deadline, the department may withhold MHSA funds until the reports are submitted. | Existing law, the Mental Health Services Act (MHSA), an initiative measure enacted by the voters as Proposition 63 at the November 2, 2004, statewide general election, establishes the Mental Health Services Oversight and Accountability Commission. Existing law requires the State Department of Health Care Services, in consultation with the Mental Health Services Oversight and Accountability Commission and the County Behavioral Health Directors Association of California, to develop and administer instructions for the Annual Mental Health Services Act Revenue and Expenditure Report, which gathers specified information on mental health spending as a result of the MHSA, including the expenditures of funds distributed to each county.
This bill would require the department, based on the Annual Mental Health Services Act Revenue and Expenditure Report, to compile information, in total and by county on an annual basis, that includes, among other things, the total amount of MHSA revenue, the amount of MHSA money received and expended for each specified component of the MHSA program, and the amount of MHSA money spent on program administration. The bill would require the department to make the collected information available to the Legislature and the public on its Internet Web site no later than July 1, 2018, and annually thereafter. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
Section 5899 of the Welfare and Institutions Code is amended to read:
5899.
(a) The State Department of Health Care Services, in consultation with the Mental Health Services Oversight and Accountability Commission and the County Behavioral Health Directors Association of California, shall develop and administer instructions for the Annual Mental Health Services Act Revenue and Expenditure Report. The instructions shall include a requirement that the county certify the accuracy of this report. This report shall be submitted electronically to the department and to the Mental Health Services Oversight and Accountability Commission. The department and the commission shall annually post each county’s report on its website in a timely manner.
(b) The department, in consultation with the commission and the County Behavioral Health Directors Association of California, shall revise the instructions described in subdivision (a) by July 1, 2017, and as needed thereafter, to improve the timely and accurate submission of county revenue and expenditure data.
(c) The purpose of the Annual Mental Health Services Act Revenue and Expenditure Report is as follows:
(1) Identify the expenditures of Mental Health Services Act (MHSA) funds that were distributed to each county.
(2) Quantify the amount of additional funds generated for the mental health system as a result of the MHSA.
(3) Identify unexpended funds, and interest earned on MHSA funds.
(4) Determine reversion amounts, if applicable, from prior fiscal year distributions.
(d) This report is intended to provide information that allows for the evaluation of all of the following:
(1) Children’s systems of care.
(2) Prevention and early intervention strategies.
(3) Innovative projects.
(4) Workforce education and training.
(5) Adults and older adults systems of care.
(6) Capital facilities and technology needs.
(e) Based on the report required pursuant to subdivision (a), the State Department of Health Care Services, no later than nine months after the end of each fiscal year, shall collect and publicly report all of the following information, by statewide total and by individual county:
(1) Total revenue received from the Mental Health Services Act (MHSA).
(2) The amount of MHSA funds received by the counties for each of the following components of the act:
(A) Community services and supports.
(B) Prevention and early intervention.
(C) Innovation.
(D) Housing that is not funded under subparagraph (A).
(E) Workforce education and training that is not funded under subparagraph (A).
(F) Capital facilities and technological needs that are not funded under subparagraph (A).
(G) Other mental health services not reflected in subparagraphs (A) to (F), inclusive.
(3) MHSA revenues expended in the prior fiscal year.
(4) The amount of the MHSA funds expended by the counties for each of the components listed in paragraph (2).
(5) Funds held in prudent reserve by each county.
(6) Distributions from the counties’ prudent reserves.
(7) For the most recent fiscal year, the amount of unspent MHSA funds for each component listed in paragraph (2).
(8) MHSA funds subject to reversion and funds that have reverted.
(f) The information required to be reported pursuant to subdivision (e) shall be reported for each fiscal year and shall include statewide totals. The information shall be updated annually, including revisions when necessary. Revisions shall be identified as figures that have been revised from prior year reports. Annual reports shall include fiscal information for a period of not less than 10 fiscal years and shall include information for the most recent fiscal year.
(g) (1) In addition to the information required pursuant to subdivision (e), the department shall publicly report annual county program expenditures for each of the following:
(A) Program administration.
(B) Research and evaluation.
(C) Funds used to support joint powers authorities or other statewide entities.
(2) A county that cannot supply some or all of the information required by paragraph (1) shall provide an explanation as to why and shall provide a timeframe for making the information available.
(3) The department shall work with counties and other local mental health agencies to determine how best to make the information required in paragraph (1) available, including estimates. Estimated information shall be reported as an estimate.
(h) Counties may submit to the department information about programs that address the following areas:
(1) Homelessness.
(2) Criminal justice diversion or related programs.
(3) Suicide prevention.
(4) School-based mental health programs designed to reduce school failure.
(5) Employment or other programs intended to reduce unemployment.
(6) Programs intended to reduce or prevent involvement with the child welfare system.
(7) Stigma reduction.
(8) Programs specifically designed to reduce racial and ethnic disparities.
(9) Programs specifically designed to meet the needs of the following populations:
(A) Veterans.
(B) Lesbian, gay, bisexual, transgender, queer, and questioning (LGBTQQ).
(C) Children.
(D) Transition-age youth.
(E) Adults.
(F) Older adults.
(i) The department shall compile the information in subdivisions (e) to (h), inclusive, collected from counties or other local mental health agencies to promote public understanding of MHSA funds that are distributed statewide and for each county, as well as how those funds are spent and what funds remain available for expenditure.
(j) The department shall consult with the Mental Health Services Oversight and Accountability Commission, the State Controller’s Office, the Department of Finance, counties and other local mental health agencies, and any other agency required to implement this section.
(k) The department shall consolidate reporting requirements when feasible and shall propose to the appropriate policy committees of the Legislature strategies to refine and consolidate reporting requirements to meet the goals of this section.
(l) The department shall make the information required by this section available to the Legislature and the public on its Internet Web site no later than July 1, 2018, and annually thereafter.
(m) If a county does not submit the annual revenue and expenditure report described in subdivision (a) by the required deadline, the department may withhold MHSA funds until the reports are submitted.
### Summary:
<bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos> |
The people of the State of California do enact as follows:
SECTION 1.
Section 10708 is added to the Elections Code, to read:
10708.
(a) A State Senator or Member of the Assembly who resigns from office before the expiration of his or her term shall reimburse from his or her surplus campaign funds the county or counties that hold a special election pursuant to this chapter to fill the vacancy for any expenses authorized and necessarily incurred in the preparation for, and conduct of, the special election.
(b) Expenses for which reimbursement is required pursuant to subdivision (a) shall be paid from the former officeholder’s surplus campaign funds, as defined by Section 89519 of the Government Code, to the extent he or she has funds available to do so; however, if a former officeholder violates subdivision (c) of Section 89510 of the Government Code, he or she shall be personally liable for those expenses to the extent he or she lacks sufficient surplus campaign funds to pay them.
(c) If the legislative district encompasses more than one county, the surplus campaign funds shall be prorated among the counties conducting the special election in proportion to the percentage of the district each county composes.
SEC. 2.
Section 89510 of the Government Code is amended to read:
89510.
(a) A candidate for elective state office may only accept contributions within the limits provided in Chapter 5 (commencing with Section 85100).
(b) All contributions deposited into the campaign account shall be deemed to be held in trust for expenses associated with the election of the candidate or for expenses associated with holding office.
(c) If a State Senator or Member of the Assembly decides to resign from office before the expiration of his or her term, he or she subsequently shall only use funds held pursuant to this section to pay outstanding campaign debts or reasonable expenses. Funds held pursuant to this section are subject to Section 89519 to the extent they become surplus funds.
(d) There is a rebuttable presumption that a State Senator or Member of the Assembly who
resigns
resigned
decided to do so six months before he or she vacated office. The presumption may be rebutted by objective evidence, such as evidence indicating that the former officeholder initiated or responded to an offer of employment on a particular date, that the State Senator or Member of the Assembly decided to resign greater than or less than six months before he or she vacated office.
SEC. 3.
Section 89519 of the Government Code is amended to read:
89519.
(a) Upon the 90th day after leaving an elective office, or the 90th day following the end of the postelection reporting period following the defeat of a candidate for elective office, whichever occurs last, campaign funds under the control of the former candidate or elected officer shall be considered surplus campaign funds and shall be disclosed pursuant to Chapter 4 (commencing with Section 84100).
(b) Surplus campaign funds shall be used only for the following purposes:
(1) The payment of outstanding campaign debts or elected officer’s expenses.
(2) The repayment of contributions.
(3) Donations to a bona fide charitable, educational, civic, religious, or similar tax-exempt, nonprofit organization, where no substantial part of the proceeds will have a material financial effect on the former candidate or elected officer, any member of his or her immediate family, or his or her campaign treasurer.
(4) Contributions to a political party committee, provided the campaign funds are not used to support or oppose candidates for elective office. However, the campaign funds may be used by a political party committee to conduct partisan voter registration, partisan get-out-the-vote activities, and slate mailers as that term is defined in Section 82048.3.
(5) Contributions to support or oppose a candidate for federal office, a candidate for elective office in a state other than California, or a ballot measure.
(6) The payment for professional services reasonably required by the committee to assist in the performance of its administrative functions, including payment for attorney’s fees and other costs for litigation that arises directly out of a candidate’s or elected officer’s activities, duties, or status as a candidate or elected officer, including an action to enjoin defamation, defense of an action brought for a violation of state or local campaign, disclosure, or election laws, and an action from an election contest or recount.
(7) The payment of expenses authorized and necessarily incurred in the preparation for, and conduct of, a special election, as required by Section 10708 of the Elections Code.
Surplus campaign funds shall be applied to these costs before being used for any other purpose, and any funds remaining after payment of these costs shall be used only for the purposes described in paragraph (3) of this subdivision.
(c)
A former officeholder subject to Section 10708 of the Elections Code may only use surplus funds for the purposes described in paragraphs (1) and (7) of subdivision (b) of this section. Once the costs identified in paragraph (7) of subdivision (b) are paid in full, a former officeholder may also use surplus funds for the purposes described in paragraph (3) of subdivision (b).
(d)
For purposes of this section, the payment for, or the reimbursement to the state of, the costs of installing and monitoring an electronic security system in the home or office, or both, of a candidate or elected officer who has received threats to his or her physical safety shall be deemed an outstanding campaign debt or elected officer’s expense, provided that the threats arise from his or her activities, duties, or status as a candidate or elected officer and that the threats have been reported to and verified by an appropriate law enforcement agency. Verification shall be determined solely by the law enforcement agency to which the threat was reported. The candidate or elected officer shall report an expenditure of campaign funds made pursuant to this section to the Commission. The report to the Commission shall include the date that the candidate or elected officer informed the law enforcement agency of the threat, the name and the telephone number of the law enforcement agency, and a brief description of the threat. No more than five thousand dollars ($5,000) in surplus campaign funds may be used, cumulatively, by a candidate or elected officer pursuant to this subdivision. Payments made pursuant to this subdivision shall be made during the two years immediately following the date upon which the campaign funds become surplus campaign funds. The candidate or elected officer shall reimburse the surplus fund account for the fair market value of the security system no later than two years immediately following the date upon which the campaign funds became surplus campaign funds. The campaign funds become surplus campaign funds upon sale of the property on which the system is installed, or prior to the closing of the surplus campaign fund account, whichever comes first. The electronic security system shall be the property of the campaign committee of the candidate or elected officer.
SEC. 4.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
SEC. 5.
The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code. | The California Constitution requires the Governor to immediately call an election to fill a vacancy in the Legislature. Existing law provides specific procedures for the nomination and election of candidates at any special election to fill a vacancy in the office of State Senator or Member of the Assembly.
Exiting law, the Political Reform Act of 1974, provides that contributions deposited into a campaign account are deemed to be held in trust for expenses associated with the election of a candidate or for expenses associated with holding office. The act provides that campaign funds under the control of a former candidate or elected officer are considered surplus campaign funds at a prescribed time, and it prohibits the use of surplus campaign funds except for specified purposes.
This bill would prohibit a State Senator or Member of the Assembly who decides to resign from office before the expiration of his or her term from subsequently using campaign funds held in trust for any purpose other than paying outstanding campaign debts or reasonable expenses. The bill would amend the list of specified purposes allowable for the use of surplus campaign funds to include the payment of expenses to hold a special election to fill the vacancy created by the Member’s resignation and would require the former Member to pay from his or her surplus campaign funds such election-related expenses, to the extent he or she has funds available to do so. Once election-related expenses are paid, this bill would limit the use of excess surplus funds to
charitable
certain
purposes.
This bill would further make a Member who, after deciding to resign, uses campaign funds for purposes other than those authorized in that circumstance personally liable for expenses to hold a special election.
A violation of the provisions of the Political Reform Act of 1974 is punishable as a misdemeanor. By expanding the scope of an existing crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act’s purposes upon a
2/3
vote of each house and compliance with specified procedural requirements.
This bill would declare that it furthers the purposes of the act. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
Section 10708 is added to the Elections Code, to read:
10708.
(a) A State Senator or Member of the Assembly who resigns from office before the expiration of his or her term shall reimburse from his or her surplus campaign funds the county or counties that hold a special election pursuant to this chapter to fill the vacancy for any expenses authorized and necessarily incurred in the preparation for, and conduct of, the special election.
(b) Expenses for which reimbursement is required pursuant to subdivision (a) shall be paid from the former officeholder’s surplus campaign funds, as defined by Section 89519 of the Government Code, to the extent he or she has funds available to do so; however, if a former officeholder violates subdivision (c) of Section 89510 of the Government Code, he or she shall be personally liable for those expenses to the extent he or she lacks sufficient surplus campaign funds to pay them.
(c) If the legislative district encompasses more than one county, the surplus campaign funds shall be prorated among the counties conducting the special election in proportion to the percentage of the district each county composes.
SEC. 2.
Section 89510 of the Government Code is amended to read:
89510.
(a) A candidate for elective state office may only accept contributions within the limits provided in Chapter 5 (commencing with Section 85100).
(b) All contributions deposited into the campaign account shall be deemed to be held in trust for expenses associated with the election of the candidate or for expenses associated with holding office.
(c) If a State Senator or Member of the Assembly decides to resign from office before the expiration of his or her term, he or she subsequently shall only use funds held pursuant to this section to pay outstanding campaign debts or reasonable expenses. Funds held pursuant to this section are subject to Section 89519 to the extent they become surplus funds.
(d) There is a rebuttable presumption that a State Senator or Member of the Assembly who
resigns
resigned
decided to do so six months before he or she vacated office. The presumption may be rebutted by objective evidence, such as evidence indicating that the former officeholder initiated or responded to an offer of employment on a particular date, that the State Senator or Member of the Assembly decided to resign greater than or less than six months before he or she vacated office.
SEC. 3.
Section 89519 of the Government Code is amended to read:
89519.
(a) Upon the 90th day after leaving an elective office, or the 90th day following the end of the postelection reporting period following the defeat of a candidate for elective office, whichever occurs last, campaign funds under the control of the former candidate or elected officer shall be considered surplus campaign funds and shall be disclosed pursuant to Chapter 4 (commencing with Section 84100).
(b) Surplus campaign funds shall be used only for the following purposes:
(1) The payment of outstanding campaign debts or elected officer’s expenses.
(2) The repayment of contributions.
(3) Donations to a bona fide charitable, educational, civic, religious, or similar tax-exempt, nonprofit organization, where no substantial part of the proceeds will have a material financial effect on the former candidate or elected officer, any member of his or her immediate family, or his or her campaign treasurer.
(4) Contributions to a political party committee, provided the campaign funds are not used to support or oppose candidates for elective office. However, the campaign funds may be used by a political party committee to conduct partisan voter registration, partisan get-out-the-vote activities, and slate mailers as that term is defined in Section 82048.3.
(5) Contributions to support or oppose a candidate for federal office, a candidate for elective office in a state other than California, or a ballot measure.
(6) The payment for professional services reasonably required by the committee to assist in the performance of its administrative functions, including payment for attorney’s fees and other costs for litigation that arises directly out of a candidate’s or elected officer’s activities, duties, or status as a candidate or elected officer, including an action to enjoin defamation, defense of an action brought for a violation of state or local campaign, disclosure, or election laws, and an action from an election contest or recount.
(7) The payment of expenses authorized and necessarily incurred in the preparation for, and conduct of, a special election, as required by Section 10708 of the Elections Code.
Surplus campaign funds shall be applied to these costs before being used for any other purpose, and any funds remaining after payment of these costs shall be used only for the purposes described in paragraph (3) of this subdivision.
(c)
A former officeholder subject to Section 10708 of the Elections Code may only use surplus funds for the purposes described in paragraphs (1) and (7) of subdivision (b) of this section. Once the costs identified in paragraph (7) of subdivision (b) are paid in full, a former officeholder may also use surplus funds for the purposes described in paragraph (3) of subdivision (b).
(d)
For purposes of this section, the payment for, or the reimbursement to the state of, the costs of installing and monitoring an electronic security system in the home or office, or both, of a candidate or elected officer who has received threats to his or her physical safety shall be deemed an outstanding campaign debt or elected officer’s expense, provided that the threats arise from his or her activities, duties, or status as a candidate or elected officer and that the threats have been reported to and verified by an appropriate law enforcement agency. Verification shall be determined solely by the law enforcement agency to which the threat was reported. The candidate or elected officer shall report an expenditure of campaign funds made pursuant to this section to the Commission. The report to the Commission shall include the date that the candidate or elected officer informed the law enforcement agency of the threat, the name and the telephone number of the law enforcement agency, and a brief description of the threat. No more than five thousand dollars ($5,000) in surplus campaign funds may be used, cumulatively, by a candidate or elected officer pursuant to this subdivision. Payments made pursuant to this subdivision shall be made during the two years immediately following the date upon which the campaign funds become surplus campaign funds. The candidate or elected officer shall reimburse the surplus fund account for the fair market value of the security system no later than two years immediately following the date upon which the campaign funds became surplus campaign funds. The campaign funds become surplus campaign funds upon sale of the property on which the system is installed, or prior to the closing of the surplus campaign fund account, whichever comes first. The electronic security system shall be the property of the campaign committee of the candidate or elected officer.
SEC. 4.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
SEC. 5.
The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code.
### Summary:
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The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:
(a) The state has a unique obligation to children and youth in the foster care system. When the state removes children and youth from their parents, it is responsible for providing for the safety and well-being of the children and youth and for preparing them for self-sufficient adulthood.
(b) Foster youth who leave the foster care system because of age face unique challenges in seeking and obtaining employment upon leaving the system. The foster care program provides little assistance to youth in finding employment.
(c) The unemployment rate for youth who have left the foster care system because of age is estimated at 50 percent.
(d) The state is a major employer within the state, yet state law makes no provision for assisting youth who have left the foster care system because of age in becoming civil service employees of the state.
(e) The state owes a unique responsibility to foster youth in assisting them to secure permanent employment. It also has an obligation to demonstrate to private employers, by example, the importance of hiring foster youth and former foster youth.
(f) It is the intent of the Legislature to recognize the state’s role as a parent to children and youth in foster care and to assist them in securing permanent employment in state government by providing them access to needed training positions.
SEC. 2.
Article 3 (commencing with Section 54660) is added to Chapter 9 of Part 29 of Division 4 of Title 2 of the Education Code, to read:
Article 3.
Former
Foster Youth Job Readiness Training Pilot Program
54660.
(a) With moneys appropriated by the Legislature for the purposes of this article, the Sacramento County Office of Education shall develop and administer the
Former
Foster Youth Job Readiness Training Pilot Program.
(b) The purpose of the program is to prepare the
“aged out”
foster care population
that is 18 to 25, inclusive, years of age
for entry-level employment in state service.
54661.
(a) The Sacramento County Office of Education shall develop an application and create criteria for selecting eligible organizations to provide job readiness training to eligible participants.
(b) The Sacramento County Office of Education shall award grants to selected eligible organizations that shall be used for the following purposes:
(1) To pay for trainers to provide job readiness training to eligible participants.
(2) To provide a stipend to an eligible participant who satisfies both of the following:
(A) Remains actively engaged in and attends the training as set forth in his or her individual service plan.
(B) If he or she has not received a high school diploma or high school equivalency certificate, the participant shall enroll, be actively engaged in, and attend a high school equivalency exam preparation class.
(c) The Sacramento County Office of Education shall compile disaggregated data on the number of participants enrolling in the program, the number of participants completing the program, the number of participants receiving a placement after completing the program, and the number of participants receiving state employment after completing a placement. The office, upon request, shall make this data available to the Department of Human Resources and the Legislature.
(d) For purposes of this article, the following definitions apply:
(1) “Eligible organization” means an organization that satisfies all of the following:
(A) The organization is exempt from federal income taxation as an organization described in Section 501(c)(3) of the Internal Revenue Code and is in compliance with all applicable laws and requirements.
(B) The organization demonstrates expertise in providing job readiness training.
(C) Any additional criteria required by the Sacramento County Office of Education to promote the job readiness training of eligible participants.
(2) “Eligible participant” means an individual who is
25 years of age or younger and who is certified by the State Department of Social Services as
18 to 25, inclusive, years of age and who is certified by a county as being, or
having been, for at least one year at any time on or after the date that the individual turns 15 years of age, either a recipient of foster care maintenance payments under a state plan approved under Part E of Title IV of the federal Social Security Act (42 U.S.C. Sec. 670 et seq.), or in a foster care program under the responsibility of the State of California.
(3) “Job readiness training” means an individual service plan that develops core competencies that create an experience and educational base for an individual to meet the qualifications for entry-level employment in state service.
54662.
This article shall remain in effect only until January 1, 2020, and as of that date is repealed.
SEC. 3.
Section 19816.22 is added to the Government Code, to read:
19816.22.
(a) The department, in consultation with the State Department of Social Services and the Sacramento County Office of Education, shall promote the training of foster youth who participate in the
Former
Foster Youth Job Readiness Training Pilot Program (Article 3 (commencing with Section 54660), Chapter 9, Part 29, Division 4, Title 2, Education Code) in specified entry-level unclassified positions for their eventual hiring in classified positions with any state agency or department that is located within the County of Sacramento, as determined by the department.
(b) A participant in the pilot program shall not apply for a classification unless he or she meets the minimum qualifications for that classification.
(c) After a participant in the pilot program has been trained in an unclassified position for three months, but before being trained for nine months, he or she shall take a written examination for the classification in which he or she is trained, if a written examination is generally required for other applicants in that classification. The participant shall be eligible to take the written examination only after receiving a positive recommendation from the appropriate supervisor.
(d) A participant in the pilot program who does not pass the written examination for the classification in which he or she is trained, or who does not receive a favorable promotional rating, shall be released from the training program.
(e) This section shall be repealed on January 1, 2020.
SEC. 4.
The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the need to enact Section 2 of this act
that adds Article 3 (commencing with Section 54660) to Chapter 9 of Part 29 of Division 4 of Title 2 of the Education Code
on a trial basis only, applied to one appropriately large and diverse county, before extending the act to every county in the state.
SEC. 5.
To the extent permitted by federal law, the sum of one million one hundred thousand dollars ($1,100,000) is hereby appropriated from the Consolidated Work Program Fund to the Sacramento County Office of Education for the purpose of implementing the
Former
Foster Youth Job Readiness Training Pilot Program pursuant to Article 3 (commencing with Section 54660) to Chapter 9 of Part 29 of Division 4 of Title 2 of the Education Code.
SEC. 6.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | (1) Existing law, the State Civil Service Act, provides for filling certain state positions through the process of examinations and the establishment of eligible lists and promotional lists. Existing law requires the Department of Human Resources to administer the Personnel Classification Plan of the State of California, including the allocation of every position to the appropriate class in the classification plan.
Existing law requires the Department of Human Resources to administer the Limited Examination and Appointment Program (LEAP) to provide an alternative to the traditional civil service examination and appointment process to facilitate the hiring of persons with disabilities in state civil service. Existing law requires the department to conduct competitive examinations to determine eligibility for appointment under LEAP and to refer the names of eligible applicants who meet the minimum qualifications of a job classification to the appointing powers for examination appointments, as specified.
Existing law authorizes the Employment Development Department to contract with a specified nonprofit organization meeting specified criteria to manage grant programs designed to help eligible at-risk youth complete their secondary education and acquire the skills necessary to successfully transition into the workforce or enroll in postsecondary education.
This bill would make legislative findings and declarations regarding the state’s responsibility for the well-being of foster youth and former foster youth. The bill, until January 1, 2020, would require the Department of Human Resources to establish an emancipated foster youth program to promote the training of qualified foster youth in specified entry-level unclassified positions for their eventual hiring in classified positions within Sacramento with any state agency or department as determined by the department. The bill would require a participant in the program to pass a written examination for the classification in which he or she is trained, if generally required for applicants in that classification, after 3 months, but before 9 months, of training.
(2) Existing law establishes a system of public elementary and secondary schools in this state, and authorizes local educational agencies throughout the state to operate schools and provide instruction to pupils in kindergarten and grades 1 to 12, inclusive. Existing law establishes the Consolidated Work Program Fund in the State Treasury for the receipt of all moneys deposited pursuant to the federal Workforce Innovation and Opportunity Act. Existing law provides that moneys in the fund are to be made available, upon appropriation by the Legislature, to the Employment Development Department, for expenditure consistent with the purposes of the federal Workforce Innovation and Opportunity Act and the state plan required by the federal Workforce Innovation and Opportunity Act.
This bill would require the Sacramento County Office of Education to develop and administer the
Former
Foster Youth Job Readiness Training Pilot Program with moneys appropriated by the Legislature for that purpose. The bill would appropriate $1,100,000 from the Consolidated Work Program Fund to the Sacramento County Office of Education to develop an application and create criteria for selecting eligible organizations to provide job readiness training to eligible participants. The bill would require the Sacramento County Office of Education to award grants to selected eligible organizations to pay for trainers to provide job readiness training to eligible participants and to provide a stipend to eligible participants who satisfy specified conditions. The bill would require the Sacramento County Office of Education to compile information regarding participation in the program. The bill would repeal these provisions on January 1, 2020.
This bill would make legislative findings and declarations as to the necessity of a special statute for the Sacramento County Office of Education.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:
(a) The state has a unique obligation to children and youth in the foster care system. When the state removes children and youth from their parents, it is responsible for providing for the safety and well-being of the children and youth and for preparing them for self-sufficient adulthood.
(b) Foster youth who leave the foster care system because of age face unique challenges in seeking and obtaining employment upon leaving the system. The foster care program provides little assistance to youth in finding employment.
(c) The unemployment rate for youth who have left the foster care system because of age is estimated at 50 percent.
(d) The state is a major employer within the state, yet state law makes no provision for assisting youth who have left the foster care system because of age in becoming civil service employees of the state.
(e) The state owes a unique responsibility to foster youth in assisting them to secure permanent employment. It also has an obligation to demonstrate to private employers, by example, the importance of hiring foster youth and former foster youth.
(f) It is the intent of the Legislature to recognize the state’s role as a parent to children and youth in foster care and to assist them in securing permanent employment in state government by providing them access to needed training positions.
SEC. 2.
Article 3 (commencing with Section 54660) is added to Chapter 9 of Part 29 of Division 4 of Title 2 of the Education Code, to read:
Article 3.
Former
Foster Youth Job Readiness Training Pilot Program
54660.
(a) With moneys appropriated by the Legislature for the purposes of this article, the Sacramento County Office of Education shall develop and administer the
Former
Foster Youth Job Readiness Training Pilot Program.
(b) The purpose of the program is to prepare the
“aged out”
foster care population
that is 18 to 25, inclusive, years of age
for entry-level employment in state service.
54661.
(a) The Sacramento County Office of Education shall develop an application and create criteria for selecting eligible organizations to provide job readiness training to eligible participants.
(b) The Sacramento County Office of Education shall award grants to selected eligible organizations that shall be used for the following purposes:
(1) To pay for trainers to provide job readiness training to eligible participants.
(2) To provide a stipend to an eligible participant who satisfies both of the following:
(A) Remains actively engaged in and attends the training as set forth in his or her individual service plan.
(B) If he or she has not received a high school diploma or high school equivalency certificate, the participant shall enroll, be actively engaged in, and attend a high school equivalency exam preparation class.
(c) The Sacramento County Office of Education shall compile disaggregated data on the number of participants enrolling in the program, the number of participants completing the program, the number of participants receiving a placement after completing the program, and the number of participants receiving state employment after completing a placement. The office, upon request, shall make this data available to the Department of Human Resources and the Legislature.
(d) For purposes of this article, the following definitions apply:
(1) “Eligible organization” means an organization that satisfies all of the following:
(A) The organization is exempt from federal income taxation as an organization described in Section 501(c)(3) of the Internal Revenue Code and is in compliance with all applicable laws and requirements.
(B) The organization demonstrates expertise in providing job readiness training.
(C) Any additional criteria required by the Sacramento County Office of Education to promote the job readiness training of eligible participants.
(2) “Eligible participant” means an individual who is
25 years of age or younger and who is certified by the State Department of Social Services as
18 to 25, inclusive, years of age and who is certified by a county as being, or
having been, for at least one year at any time on or after the date that the individual turns 15 years of age, either a recipient of foster care maintenance payments under a state plan approved under Part E of Title IV of the federal Social Security Act (42 U.S.C. Sec. 670 et seq.), or in a foster care program under the responsibility of the State of California.
(3) “Job readiness training” means an individual service plan that develops core competencies that create an experience and educational base for an individual to meet the qualifications for entry-level employment in state service.
54662.
This article shall remain in effect only until January 1, 2020, and as of that date is repealed.
SEC. 3.
Section 19816.22 is added to the Government Code, to read:
19816.22.
(a) The department, in consultation with the State Department of Social Services and the Sacramento County Office of Education, shall promote the training of foster youth who participate in the
Former
Foster Youth Job Readiness Training Pilot Program (Article 3 (commencing with Section 54660), Chapter 9, Part 29, Division 4, Title 2, Education Code) in specified entry-level unclassified positions for their eventual hiring in classified positions with any state agency or department that is located within the County of Sacramento, as determined by the department.
(b) A participant in the pilot program shall not apply for a classification unless he or she meets the minimum qualifications for that classification.
(c) After a participant in the pilot program has been trained in an unclassified position for three months, but before being trained for nine months, he or she shall take a written examination for the classification in which he or she is trained, if a written examination is generally required for other applicants in that classification. The participant shall be eligible to take the written examination only after receiving a positive recommendation from the appropriate supervisor.
(d) A participant in the pilot program who does not pass the written examination for the classification in which he or she is trained, or who does not receive a favorable promotional rating, shall be released from the training program.
(e) This section shall be repealed on January 1, 2020.
SEC. 4.
The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the need to enact Section 2 of this act
that adds Article 3 (commencing with Section 54660) to Chapter 9 of Part 29 of Division 4 of Title 2 of the Education Code
on a trial basis only, applied to one appropriately large and diverse county, before extending the act to every county in the state.
SEC. 5.
To the extent permitted by federal law, the sum of one million one hundred thousand dollars ($1,100,000) is hereby appropriated from the Consolidated Work Program Fund to the Sacramento County Office of Education for the purpose of implementing the
Former
Foster Youth Job Readiness Training Pilot Program pursuant to Article 3 (commencing with Section 54660) to Chapter 9 of Part 29 of Division 4 of Title 2 of the Education Code.
SEC. 6.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
### Summary:
<bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos> |
The people of the State of California do enact as follows:
SECTION 1.
Section 14230 of the Unemployment Insurance Code is amended to read:
14230.
(a) It is the intent of the Legislature that:
(1) California deliver comprehensive workforce services to jobseekers, students, and employers through a system of one-stop career centers.
(2) Services and resources target high-wage industry sectors with career advancement opportunities.
(3) Universal access to career services shall be available to adult residents regardless of income, education, employment barriers, or other eligibility requirements. Career services shall include, but not be limited to:
(A) Outreach, intake, and orientation to services available through the one-stop delivery system.
(B) Initial assessment of skill levels, aptitudes, abilities, and supportive service needs.
(C) Job search and placement assistance.
(D) Career counseling, where appropriate.
(E) Provision of labor market information.
(F) Provision of program performance and cost information on eligible providers of training services and local area performance measures.
(G) Provision of information on supportive services in the local area.
(H) Provision of information on the filing of claims for unemployment compensation benefits and unemployment compensation disability benefits.
(I) Assistance in establishing eligibility for welfare-to-work activities pursuant to Section 11325.8 of the Welfare and Institutions Code, and financial aid assistance.
(J) Comprehensive and specialized assessments of skill levels and service needs, including learning disability screening.
(K) Development of individual employment plans.
(L) Counseling.
(M) Career planning.
(N) Short-term prevocational services to prepare an individual for training or employment.
(4) State and federally funded workforce education, training, and employment programs shall be integrated in the one-stop delivery system to achieve universal access to the career services described in paragraph (3).
(5) Training services shall be made available to individuals who have met the requirements for career services, have been unable to obtain or retain employment through career services, are in need of training services to obtain or retain employment that leads to economic self-sufficiency or wages comparable to, or higher than, wages from previous employment, have the skills and qualifications to successfully participate in the training, and have selected a program of services directly linked to occupations in demand in the local or regional area. Training services may include:
(A) Occupational skill training including training for nontraditional employment.
(B) On-the-job training.
(C) Programs that combine workplace training with related instruction.
(D) Training programs operated by the private sector.
(E) Skill upgrading and retraining.
(F) Entrepreneurial training.
(G) Incumbent worker training, in accordance with Section 134(d)(4) of the federal Workforce Innovation and Opportunity Act.
(H) Transitional jobs, in accordance with Section 134(d)(5) of the federal Workforce Innovation and Opportunity Act.
(I) Job readiness training, provided in combination with any service under subparagraphs (A) to (H), inclusive.
(J) Adult education and literacy activities, including vocational English as a second language, provided in combination with subparagraphs (A) through (G), inclusive.
(K) Customized training conducted by an employer or a group of employers or a labor-management training partnership with a commitment to employ an individual upon completion of the training.
(6) As prescribed in the federal Workforce Innovation and Opportunity Act, adult recipients of public assistance, other low-income adults, and individuals who are basic skills deficient shall be given priority for training services and career services described in Section 134(d)(2)(A)(xii) of the federal Workforce Innovation and Opportunity Act.
(b) Each local workforce development board shall establish at least one full service one-stop career center in the local workforce development area. Each full service one-stop career center shall have all entities required to be partners in Section 3151 of Title 29 of the United States Code as partners and shall provide jobseekers with integrated employment, education, training, and job sea and directed to apprenticeable occupations, including preapprenticeship training, are conducted, to the maximum extent feasible, in coordination with one or more apprenticeship programs approved by the Division of Apprenticeship Standards for the occupation and geographic area. The California Workforce Development Board and each local board shall also develop a policy of fostering collaboration between community colleges and approved apprenticeship programs in the geographic area to provide preapprenticeship training, apprenticeship training, and continuing education in apprenticeable occupations through the approved apprenticeship programs.
(2) (A) The California Workforce Development Board and each local board also shall ensure, to the maximum extent feasible, that federal Workforce Innovation and Opportunity Act of 2014 funds respectively awarded by them for purposes of preapprenticeship training in the building and construction trades fund programs and services that do both of the following:
(i) Follow the Multi-Craft Core Curriculum implemented by the State Department of Education for its pilot project with California Partnership Academies.
(ii) Develop a plan for outreach and retention for women participants in the preapprenticeship program to help increase the representation of women in the building and construction trades.
(B) The California Workforce Development Board shall develop policies for the implementation of these provisions.
(f) In light of California’s diverse population, each one-stop career center should have the capacity to provide the appropriate services to the full range of languages and cultures represented in the community served by the one-stop career center.
SEC. 2.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because this act implements a federal law or regulation and results only in costs mandated by the federal government, within the meaning of Section 17556 of the Government Code. | Existing law provides that the California Workforce Development Board is responsible for assisting the Governor in the development, oversight, and continuous improvement of California’s workforce investment system. Existing law requires that the California Workforce Development Board and each local workforce development board ensure that programs and services funded by the federal Workforce Innovation and Opportunity Act of 2014 and directed to apprenticeable occupations are conducted in coordination with apprenticeship programs approved by the Division of Apprenticeship Standards, as specified. Existing law also requires the California Workforce Development Board and each local workforce development board to develop a policy of fostering collaboration between community colleges and approved apprenticeship programs in the geographic area.
This bill would require the California Workforce Development Board and each local board to ensure that federal Workforce Innovation and Opportunity Act of 2014 funds respectively awarded by them for preapprenticeship training in the building and construction trades fund programs and services that follow the Multi-Craft Core Curriculum implemented by the State Department of Education and that develop a plan to help increase the representation of women in those trades, as specified. The bill would require the California Workforce Development Board to develop policies to implement these provisions. By imposing new requirements on the local workforce development boards, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
Section 14230 of the Unemployment Insurance Code is amended to read:
14230.
(a) It is the intent of the Legislature that:
(1) California deliver comprehensive workforce services to jobseekers, students, and employers through a system of one-stop career centers.
(2) Services and resources target high-wage industry sectors with career advancement opportunities.
(3) Universal access to career services shall be available to adult residents regardless of income, education, employment barriers, or other eligibility requirements. Career services shall include, but not be limited to:
(A) Outreach, intake, and orientation to services available through the one-stop delivery system.
(B) Initial assessment of skill levels, aptitudes, abilities, and supportive service needs.
(C) Job search and placement assistance.
(D) Career counseling, where appropriate.
(E) Provision of labor market information.
(F) Provision of program performance and cost information on eligible providers of training services and local area performance measures.
(G) Provision of information on supportive services in the local area.
(H) Provision of information on the filing of claims for unemployment compensation benefits and unemployment compensation disability benefits.
(I) Assistance in establishing eligibility for welfare-to-work activities pursuant to Section 11325.8 of the Welfare and Institutions Code, and financial aid assistance.
(J) Comprehensive and specialized assessments of skill levels and service needs, including learning disability screening.
(K) Development of individual employment plans.
(L) Counseling.
(M) Career planning.
(N) Short-term prevocational services to prepare an individual for training or employment.
(4) State and federally funded workforce education, training, and employment programs shall be integrated in the one-stop delivery system to achieve universal access to the career services described in paragraph (3).
(5) Training services shall be made available to individuals who have met the requirements for career services, have been unable to obtain or retain employment through career services, are in need of training services to obtain or retain employment that leads to economic self-sufficiency or wages comparable to, or higher than, wages from previous employment, have the skills and qualifications to successfully participate in the training, and have selected a program of services directly linked to occupations in demand in the local or regional area. Training services may include:
(A) Occupational skill training including training for nontraditional employment.
(B) On-the-job training.
(C) Programs that combine workplace training with related instruction.
(D) Training programs operated by the private sector.
(E) Skill upgrading and retraining.
(F) Entrepreneurial training.
(G) Incumbent worker training, in accordance with Section 134(d)(4) of the federal Workforce Innovation and Opportunity Act.
(H) Transitional jobs, in accordance with Section 134(d)(5) of the federal Workforce Innovation and Opportunity Act.
(I) Job readiness training, provided in combination with any service under subparagraphs (A) to (H), inclusive.
(J) Adult education and literacy activities, including vocational English as a second language, provided in combination with subparagraphs (A) through (G), inclusive.
(K) Customized training conducted by an employer or a group of employers or a labor-management training partnership with a commitment to employ an individual upon completion of the training.
(6) As prescribed in the federal Workforce Innovation and Opportunity Act, adult recipients of public assistance, other low-income adults, and individuals who are basic skills deficient shall be given priority for training services and career services described in Section 134(d)(2)(A)(xii) of the federal Workforce Innovation and Opportunity Act.
(b) Each local workforce development board shall establish at least one full service one-stop career center in the local workforce development area. Each full service one-stop career center shall have all entities required to be partners in Section 3151 of Title 29 of the United States Code as partners and shall provide jobseekers with integrated employment, education, training, and job sea and directed to apprenticeable occupations, including preapprenticeship training, are conducted, to the maximum extent feasible, in coordination with one or more apprenticeship programs approved by the Division of Apprenticeship Standards for the occupation and geographic area. The California Workforce Development Board and each local board shall also develop a policy of fostering collaboration between community colleges and approved apprenticeship programs in the geographic area to provide preapprenticeship training, apprenticeship training, and continuing education in apprenticeable occupations through the approved apprenticeship programs.
(2) (A) The California Workforce Development Board and each local board also shall ensure, to the maximum extent feasible, that federal Workforce Innovation and Opportunity Act of 2014 funds respectively awarded by them for purposes of preapprenticeship training in the building and construction trades fund programs and services that do both of the following:
(i) Follow the Multi-Craft Core Curriculum implemented by the State Department of Education for its pilot project with California Partnership Academies.
(ii) Develop a plan for outreach and retention for women participants in the preapprenticeship program to help increase the representation of women in the building and construction trades.
(B) The California Workforce Development Board shall develop policies for the implementation of these provisions.
(f) In light of California’s diverse population, each one-stop career center should have the capacity to provide the appropriate services to the full range of languages and cultures represented in the community served by the one-stop career center.
SEC. 2.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because this act implements a federal law or regulation and results only in costs mandated by the federal government, within the meaning of Section 17556 of the Government Code.
### Summary:
<bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos> |
The people of the State of California do enact as follows:
SECTION 1.
(a) The Legislature hereby finds and declares all of the following:
(1) California is a world leader in innovation and harnessing the power of new technologies to promote efficiency, consumer benefits, and economic growth.
(2) The Internet and digital technologies enable government to provide services to the public and to transact business more efficiently than with paper-based processes.
(3) In 1995, in order to promote e-commerce and digital transactions with public agencies, California enacted Section 16.5 of the Government Code, which authorizes use of a “digital signature” in any written communication with a public agency in which a signature is required or used, consistent with regulations to be adopted by the Secretary of State.
(4) In 1999, California enacted the Uniform Electronic Transactions Act (Title 2.5 (commencing with Section 1633.2) of Part 2 of Division 3 of the Civil Code), which provides that an “electronic signature” is valid and enforceable under any law that requires a signature in any transaction between two or more persons, including a government agency.
(5) The definition of “digital signature” in Section 16.5 of the Government Code and the definition of “electronic signature” in the Uniform Electronic Transactions Act are similar, and neither statute includes any cross-reference to the other, leading to confusion in the marketplace and among public agencies as to what law governs.
(6) A lack of clarity in the law creates a barrier to public agencies utilizing fully digital transactions that require a signature, including contracts, permits, and forms to obtain service or participate in government programs. As a result, both government and the public may not realize the benefits of digital transactions and online services, including efficiency, cost savings, convenience, and paper reduction.
(b) It is the intent of the Legislature to amend current law to clarify that a “digital signature” authorized by Section 16.5 of the Government Code and subject to regulations adopted by the Secretary of State is one type of “electronic signature” that a public agency may choose to adopt under the Uniform Electronic Transactions Act.
SEC. 2.
Section 1633.2 of the Civil Code is amended to read:
1633.2.
In this title the following terms have the following definitions:
(a) “Agreement” means the bargain of the parties in fact, as found in their language or inferred from other circumstances and from rules, regulations, and procedures given the effect of agreements under laws otherwise applicable to a particular transaction.
(b) “Automated transaction” means a transaction conducted or performed, in whole or in part, by electronic means or electronic records, in which the acts or records of one or both parties are not reviewed by an individual in the ordinary course in forming a contract, performing under an existing contract, or fulfilling an obligation required by the transaction.
(c) “Computer program” means a set of statements or instructions to be used directly or indirectly in an information processing system in order to bring about a certain result.
(d) “Contract” means the total legal obligation resulting from the parties’ agreement as affected by this title and other applicable law.
(e) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
(f) “Electronic agent” means a computer program or an electronic or other automated means used independently to initiate an action or respond to electronic records or performances in whole or in part, without review by an individual.
(g) “Electronic record” means a record created, generated, sent, communicated, received, or stored by electronic means.
(h) “Electronic signature” means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record. For purposes of this title, a “digital signature” as defined in subdivision (d) of Section 16.5 of the Government Code is a type of electronic signature.
(i) “Governmental agency” means an executive, legislative, or judicial agency, department, board, commission, authority, institution, or instrumentality of the federal government or of a state or of a county, municipality, or other political subdivision of a state.
(j) “Information” means data, text, images, sounds, codes, computer programs, software, databases, or the like.
(k) “Information processing system” means an electronic system for creating, generating, sending, receiving, storing, displaying, or processing information.
(l) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity.
(m) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(n) “Security procedure” means a procedure employed for the purpose of verifying that an electronic signature, record, or performance is that of a specific person or for detecting changes or errors in the information in an electronic record. The term includes a procedure that requires the use of algorithms or other codes, identifying words or numbers, encryption, or callback or other acknowledgment procedures.
(o) “Transaction” means an action or set of actions occurring between two or more persons relating to the conduct of business, commercial, or governmental affairs.
SEC. 3.
Section 16.5 of the Government Code is amended to read:
16.5.
(a) In any written communication with a public entity, as defined in Section 811.2, in which a signature is required or used, any party to the communication may affix a signature by use of a digital signature that complies with the requirements of this section. If a public entity elects to use a digital signature, that digital signature shall have the same force and effect as the use of a manual signature if and only if it embodies all of the following attributes:
(1) It is unique to the person using it.
(2) It is capable of verification.
(3) It is under the sole control of the person using it.
(4) It is linked to data in such a manner that if the data are changed, the digital signature is invalidated.
(5) It conforms to regulations adopted by the Secretary of State. Initial regulations shall be adopted no later than January 1, 1997. In developing these regulations, the secretary shall seek the advice of public and private entities, including, but not limited to, the Department of Information Technology, the California Environmental Protection Agency, and the Department of General Services. Before the secretary adopts the regulations, he or she shall hold at least one public hearing to receive comments.
(b) The use or acceptance of a digital signature shall be at the option of the parties. Nothing in this section shall require a public entity to use or permit the use of a digital signature.
(c) Digital signatures employed pursuant to Section 71066 of the Public Resources Code are exempted from this section.
(d) “Digital signature” means an electronic identifier, created by computer, intended by the party using it to have the same force and effect as the use of a manual signature. For purposes of this section, a digital signature is a type of “electronic signature” as defined in subdivision (h) of Section 1633.2 of the Civil Code.
(e) Nothing in this section shall limit the right of a public entity or government agency to use and accept an “electronic signature” as defined in subdivision (h) of Section 1633.2 of the Civil Code.
(f) Regulations adopted by the Secretary of State to implement this section apply only to a public entity’s use of a “digital signature” and not to use of any other type of “electronic signature” authorized in the Uniform Electronic Transactions Act (Title 2.5 (commencing with Section 1633.1) of Part 2 of Division 3 of the Civil Code). | Existing law, the Uniform Electronic Transactions Act, provides that a record or signature may not be denied legal effect or enforceability solely because it is in electronic form and defines an electronic signature for purposes of the act. Existing provisions of the Government Code authorize the use of a digital signature in any written communication with a public entity, and specifies that in those communications, the use of a digital signature has the same force and effect as the use of a manual signature if it complies with specified requirements.
This bill would express the intent of the Legislature to clarify that a digital signature may be used to satisfy the requirements of an electronic signature under the Uniform Electronic Transactions Act. The bill would, for purposes of the Uniform Electronic Transactions Act, provide that an electronic signature includes a digital signature under the above described provisions of the Government Code and that a digital signature under those provisions is a type of an electronic signature as set forth in the Uniform Electronic Transaction Act. The bill would also revise the above-described provisions of the Government Code by specifying that if a public entity elects to use a digital signature, that meets specified requirements, the digital signature has the same force and effect of a manual signature in any communication with the public entity. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
(a) The Legislature hereby finds and declares all of the following:
(1) California is a world leader in innovation and harnessing the power of new technologies to promote efficiency, consumer benefits, and economic growth.
(2) The Internet and digital technologies enable government to provide services to the public and to transact business more efficiently than with paper-based processes.
(3) In 1995, in order to promote e-commerce and digital transactions with public agencies, California enacted Section 16.5 of the Government Code, which authorizes use of a “digital signature” in any written communication with a public agency in which a signature is required or used, consistent with regulations to be adopted by the Secretary of State.
(4) In 1999, California enacted the Uniform Electronic Transactions Act (Title 2.5 (commencing with Section 1633.2) of Part 2 of Division 3 of the Civil Code), which provides that an “electronic signature” is valid and enforceable under any law that requires a signature in any transaction between two or more persons, including a government agency.
(5) The definition of “digital signature” in Section 16.5 of the Government Code and the definition of “electronic signature” in the Uniform Electronic Transactions Act are similar, and neither statute includes any cross-reference to the other, leading to confusion in the marketplace and among public agencies as to what law governs.
(6) A lack of clarity in the law creates a barrier to public agencies utilizing fully digital transactions that require a signature, including contracts, permits, and forms to obtain service or participate in government programs. As a result, both government and the public may not realize the benefits of digital transactions and online services, including efficiency, cost savings, convenience, and paper reduction.
(b) It is the intent of the Legislature to amend current law to clarify that a “digital signature” authorized by Section 16.5 of the Government Code and subject to regulations adopted by the Secretary of State is one type of “electronic signature” that a public agency may choose to adopt under the Uniform Electronic Transactions Act.
SEC. 2.
Section 1633.2 of the Civil Code is amended to read:
1633.2.
In this title the following terms have the following definitions:
(a) “Agreement” means the bargain of the parties in fact, as found in their language or inferred from other circumstances and from rules, regulations, and procedures given the effect of agreements under laws otherwise applicable to a particular transaction.
(b) “Automated transaction” means a transaction conducted or performed, in whole or in part, by electronic means or electronic records, in which the acts or records of one or both parties are not reviewed by an individual in the ordinary course in forming a contract, performing under an existing contract, or fulfilling an obligation required by the transaction.
(c) “Computer program” means a set of statements or instructions to be used directly or indirectly in an information processing system in order to bring about a certain result.
(d) “Contract” means the total legal obligation resulting from the parties’ agreement as affected by this title and other applicable law.
(e) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
(f) “Electronic agent” means a computer program or an electronic or other automated means used independently to initiate an action or respond to electronic records or performances in whole or in part, without review by an individual.
(g) “Electronic record” means a record created, generated, sent, communicated, received, or stored by electronic means.
(h) “Electronic signature” means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record. For purposes of this title, a “digital signature” as defined in subdivision (d) of Section 16.5 of the Government Code is a type of electronic signature.
(i) “Governmental agency” means an executive, legislative, or judicial agency, department, board, commission, authority, institution, or instrumentality of the federal government or of a state or of a county, municipality, or other political subdivision of a state.
(j) “Information” means data, text, images, sounds, codes, computer programs, software, databases, or the like.
(k) “Information processing system” means an electronic system for creating, generating, sending, receiving, storing, displaying, or processing information.
(l) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity.
(m) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(n) “Security procedure” means a procedure employed for the purpose of verifying that an electronic signature, record, or performance is that of a specific person or for detecting changes or errors in the information in an electronic record. The term includes a procedure that requires the use of algorithms or other codes, identifying words or numbers, encryption, or callback or other acknowledgment procedures.
(o) “Transaction” means an action or set of actions occurring between two or more persons relating to the conduct of business, commercial, or governmental affairs.
SEC. 3.
Section 16.5 of the Government Code is amended to read:
16.5.
(a) In any written communication with a public entity, as defined in Section 811.2, in which a signature is required or used, any party to the communication may affix a signature by use of a digital signature that complies with the requirements of this section. If a public entity elects to use a digital signature, that digital signature shall have the same force and effect as the use of a manual signature if and only if it embodies all of the following attributes:
(1) It is unique to the person using it.
(2) It is capable of verification.
(3) It is under the sole control of the person using it.
(4) It is linked to data in such a manner that if the data are changed, the digital signature is invalidated.
(5) It conforms to regulations adopted by the Secretary of State. Initial regulations shall be adopted no later than January 1, 1997. In developing these regulations, the secretary shall seek the advice of public and private entities, including, but not limited to, the Department of Information Technology, the California Environmental Protection Agency, and the Department of General Services. Before the secretary adopts the regulations, he or she shall hold at least one public hearing to receive comments.
(b) The use or acceptance of a digital signature shall be at the option of the parties. Nothing in this section shall require a public entity to use or permit the use of a digital signature.
(c) Digital signatures employed pursuant to Section 71066 of the Public Resources Code are exempted from this section.
(d) “Digital signature” means an electronic identifier, created by computer, intended by the party using it to have the same force and effect as the use of a manual signature. For purposes of this section, a digital signature is a type of “electronic signature” as defined in subdivision (h) of Section 1633.2 of the Civil Code.
(e) Nothing in this section shall limit the right of a public entity or government agency to use and accept an “electronic signature” as defined in subdivision (h) of Section 1633.2 of the Civil Code.
(f) Regulations adopted by the Secretary of State to implement this section apply only to a public entity’s use of a “digital signature” and not to use of any other type of “electronic signature” authorized in the Uniform Electronic Transactions Act (Title 2.5 (commencing with Section 1633.1) of Part 2 of Division 3 of the Civil Code).
### Summary:
This bill amends the Government Code to clarify that a digital signature is a type of electronic signature that a public agency may choose to adopt under the Uniform Electronic Transactions Act |
The people of the State of California do enact as follows:
SECTION 1.
Section 70615 of the Government Code is amended to read:
70615.
The fee for filing any of the following appeals to the superior court is twenty-five dollars ($25):
(a) An appeal of a local agency’s decision regarding an administrative fine or penalty under Section 53069.4.
(b) An appeal under Section 40230 of the Vehicle Code of an administrative agency’s decision regarding a parking violation.
(c) An appeal under Section 99582 of the Public Utilities Code of a hearing officer’s determination regarding an administrative penalty for fare evasion or a passenger conduct violation.
(d) An appeal under Section 186.35 of the Penal Code of a law enforcement agency’s determination regarding the placement of an individual’s information in a shared gang database.
SEC. 2.
Section 186.34 of the Penal Code is amended to read:
186.34.
(a) (1) For purposes of this section, “shared gang database” shall mean any database that satisfies all of the following:
(A) Allows access for any local law enforcement agency.
(B) Contains personal, identifying information in which a person may be designated as a suspected gang member, associate, or affiliate, or for which entry of a person in the database reflects a designation of that person as a suspected gang member, associate, or affiliate.
(C) Is subject to Part 23 of Title 28 of the Code of Federal Regulations. If federal funding is no longer available to a database through the federal Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. Sec. 3711 et seq.), a database shall not have to satisfy this subparagraph to meet the definition of a “shared gang database.”
(2) A “shared gang database” does not include dispatch operator reports, information used for the administration of jail or custodial facilities, criminal investigative reports, probation reports, or information required to be collected pursuant to Section 186.30.
(3) Notwithstanding subparagraph (C) of paragraph (1), a “shared gang database” includes the CalGang system, operated pursuant to Part 23 of Title 28 of the Code of Federal Regulations.
(b) Notwithstanding subparagraph (C) of paragraph (1) of subdivision (a), a shared gang database, as defined in this section, shall retain records related to the gang activity of the individuals in the database consistent with the provisions contained in Section 23.20(h) of Title 28 of the Code of Federal Regulations.
(c) (1) Commencing January 15, 2018, and annually on January 15 thereafter, any law enforcement agency that elects to utilize a shared gang database, as defined in subdivision (a), shall submit a report to the Department of Justice, in a format developed by the department, that contains, by ZIP Code, referring agency, race, gender, and age, the following information:
(A) The number of persons included in the database on the day of reporting.
(B) The number of persons added to the database during the immediately preceding 12 months.
(C) The number of requests for removal of a person from the database received during the immediately preceding 12 months.
(D) The number of requests for removal of a person from the database that were granted during the immediately preceding 12 months.
(E) The number of persons automatically removed from the database during the immediately preceding 12 months.
(2) Commencing February 15, 2018, and annually on February 15 thereafter, the Department of Justice shall post each law enforcement agency’s report that contains the information collected pursuant to paragraph (1) on the department’s Internet Web site.
(d) (1) To the extent a local law enforcement agency elects to utilize a shared gang database, as defined in subdivision (a), prior to a local law enforcement agency designating a person as a suspected gang member, associate, or affiliate in a shared gang database, or submitting a document to the Attorney General’s office for the purpose of designating a person in a shared gang database, or otherwise identifying the person in a shared gang database, the local law enforcement agency shall provide written notice to the person, and shall, if the person is under 18 years of age, provide written notice to the person and his or her parent or guardian, of the designation and the basis for the designation, unless providing that notification would compromise an active criminal investigation or compromise the health or safety of the minor.
(2) The notice described in paragraph (1) shall describe the process for the person, or, if the person is under 18 years of age, for his or her parent or guardian, or an attorney working on behalf of the person, to contest the designation of the person in the database. The notice shall also inform the person of the reason for his or her designation in the database.
(e) (1) (A) A person, or, if the person is under 18 years of age, his or her parent or guardian, or an attorney working on behalf of the person may request information of any law enforcement agency as to whether the person is designated as a suspected gang member, associate, or affiliate in a shared gang database accessible by that law enforcement agency and what law enforcement agency made the designation. A request pursuant to this paragraph shall be in writing.
(B) If a person about whom information is requested pursuant to subparagraph (A) is designated as a suspected gang member, associate, or affiliate in a shared gang database by that law enforcement agency, the person making the request may also request information as to the basis for the designation for the purpose of contesting the designation as described in subdivision (f).
(2) The law enforcement agency shall provide information requested under paragraph (1), unless doing so would compromise an active criminal investigation or compromise the health or safety of the person if the person is under 18 years of age.
(3) The law enforcement agency shall respond to a valid request pursuant to paragraph (1) in writing to the person making the request within 30 calendar days of receipt of the request.
(f) Subsequent to the notice described in subdivision (d), the person to be designated as a suspected gang member, associate, or affiliate, or his or her parent or guardian, may submit written documentation to the local law enforcement agency contesting the designation. The local law enforcement agency shall review the documentation, and if the agency determines that the person is not a suspected gang member, associate, or affiliate, the agency shall remove the person from the shared gang database. The local law enforcement agency shall provide the person and his or her parent or guardian with written verification of the agency’s decision within 30 days of submission of the written documentation contesting the designation. If the law enforcement agency denies the request for removal, the notice of its determination shall state the reason for the denial. The person may appeal the denial pursuant to Section 186.35.
(g) Nothing in this section shall require a local law enforcement agency to disclose any information protected under Section 1040 or 1041 of the Evidence Code or Section 6254 of the Government Code.
SEC. 3.
Section 186.35 is added to the Penal Code, to read:
186.35.
(a) A person who is listed by a law enforcement agency in a shared gang database as a gang member, suspected gang member, associate, or affiliate and who has contested his or her designation pursuant to subdivision (f) of Section 186.34, may seek review within 90 calendar days of the agency’s mailing or personal service of the verification of the decision by filing an appeal to be heard by the superior court. A proceeding under this subdivision is a limited civil case. A copy of the notice of appeal shall be served in person or by first-class mail upon the agency by the person. For purposes of computing the 90-calendar-day period, Section 1013 of the Code of Civil Procedure shall be applicable.
(b) The evidentiary record for the appeal shall be limited to the agency’s statement of basis of its designation made pursuant to subdivision (e) of Section 186.34, and the documentation provided to the agency by the appellant pursuant to subdivision (f) of Section 186.34. If, upon de novo review and any arguments presented to the court, the court finds that the law enforcement agency has failed to establish the petitioner’s active gang membership, associate status, or affiliate status by clear and convincing evidence, the court shall order the law enforcement agency to remove the name of the person from the shared gang database.
(c) The fee for filing the notice of appeal is as provided in Section 70615 of the Government Code. The court shall notify the person of the appearance date by mail or personal delivery. The court shall retain the fee under Section 70615 of the Government Code regardless of the outcome of the appeal. If the court finds in favor of the person, the amount of the fee shall be reimbursed to the person by the agency.
SEC. 4.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | Existing law, the California Street Terrorism Enforcement and Prevention Act (act), provides specified punishments for certain crimes committed for the benefit of, at the direction of, or in association with, a criminal street gang, as specified. The act defines a “shared gang database” as having various attributes, including, among others, that the database contains personal, identifying information in which a person may be designated as a suspected gang member, associate, or affiliate, or for which entry of a person in the database reflects a designation of that person as a suspected gang member, associate, or affiliate. Existing law requires a law enforcement agency, before designating a person as a suspected gang member, associate, or affiliate in the database, to provide a written notice to the person’s parent or guardian, if the person is a minor.
This bill would require the notice described above to be provided to an adult before designating a person as a suspected gang member, associate, or affiliate in the database. The bill would require these databases to comply with federal requirements regarding the privacy and accuracy of information in the database, and other operating principles for maintaining these databases. The bill would require local law enforcement, commencing January 15, 2018, and every January 15 thereafter to submit specified data pertaining to the database to the Department of Justice, and would require the Department of Justice, commencing February 15, 2018, and every February 15 thereafter, to post that information on the department’s Internet Web site.
By imposing additional duties on local law enforcement entities, this bill would impose a state-mandated local program.
The bill would establish a procedure for a person designated in a shared gang database who has contested that designation with the local law enforcement agency and whose challenge has been denied to appeal to the superior court.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
Section 70615 of the Government Code is amended to read:
70615.
The fee for filing any of the following appeals to the superior court is twenty-five dollars ($25):
(a) An appeal of a local agency’s decision regarding an administrative fine or penalty under Section 53069.4.
(b) An appeal under Section 40230 of the Vehicle Code of an administrative agency’s decision regarding a parking violation.
(c) An appeal under Section 99582 of the Public Utilities Code of a hearing officer’s determination regarding an administrative penalty for fare evasion or a passenger conduct violation.
(d) An appeal under Section 186.35 of the Penal Code of a law enforcement agency’s determination regarding the placement of an individual’s information in a shared gang database.
SEC. 2.
Section 186.34 of the Penal Code is amended to read:
186.34.
(a) (1) For purposes of this section, “shared gang database” shall mean any database that satisfies all of the following:
(A) Allows access for any local law enforcement agency.
(B) Contains personal, identifying information in which a person may be designated as a suspected gang member, associate, or affiliate, or for which entry of a person in the database reflects a designation of that person as a suspected gang member, associate, or affiliate.
(C) Is subject to Part 23 of Title 28 of the Code of Federal Regulations. If federal funding is no longer available to a database through the federal Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. Sec. 3711 et seq.), a database shall not have to satisfy this subparagraph to meet the definition of a “shared gang database.”
(2) A “shared gang database” does not include dispatch operator reports, information used for the administration of jail or custodial facilities, criminal investigative reports, probation reports, or information required to be collected pursuant to Section 186.30.
(3) Notwithstanding subparagraph (C) of paragraph (1), a “shared gang database” includes the CalGang system, operated pursuant to Part 23 of Title 28 of the Code of Federal Regulations.
(b) Notwithstanding subparagraph (C) of paragraph (1) of subdivision (a), a shared gang database, as defined in this section, shall retain records related to the gang activity of the individuals in the database consistent with the provisions contained in Section 23.20(h) of Title 28 of the Code of Federal Regulations.
(c) (1) Commencing January 15, 2018, and annually on January 15 thereafter, any law enforcement agency that elects to utilize a shared gang database, as defined in subdivision (a), shall submit a report to the Department of Justice, in a format developed by the department, that contains, by ZIP Code, referring agency, race, gender, and age, the following information:
(A) The number of persons included in the database on the day of reporting.
(B) The number of persons added to the database during the immediately preceding 12 months.
(C) The number of requests for removal of a person from the database received during the immediately preceding 12 months.
(D) The number of requests for removal of a person from the database that were granted during the immediately preceding 12 months.
(E) The number of persons automatically removed from the database during the immediately preceding 12 months.
(2) Commencing February 15, 2018, and annually on February 15 thereafter, the Department of Justice shall post each law enforcement agency’s report that contains the information collected pursuant to paragraph (1) on the department’s Internet Web site.
(d) (1) To the extent a local law enforcement agency elects to utilize a shared gang database, as defined in subdivision (a), prior to a local law enforcement agency designating a person as a suspected gang member, associate, or affiliate in a shared gang database, or submitting a document to the Attorney General’s office for the purpose of designating a person in a shared gang database, or otherwise identifying the person in a shared gang database, the local law enforcement agency shall provide written notice to the person, and shall, if the person is under 18 years of age, provide written notice to the person and his or her parent or guardian, of the designation and the basis for the designation, unless providing that notification would compromise an active criminal investigation or compromise the health or safety of the minor.
(2) The notice described in paragraph (1) shall describe the process for the person, or, if the person is under 18 years of age, for his or her parent or guardian, or an attorney working on behalf of the person, to contest the designation of the person in the database. The notice shall also inform the person of the reason for his or her designation in the database.
(e) (1) (A) A person, or, if the person is under 18 years of age, his or her parent or guardian, or an attorney working on behalf of the person may request information of any law enforcement agency as to whether the person is designated as a suspected gang member, associate, or affiliate in a shared gang database accessible by that law enforcement agency and what law enforcement agency made the designation. A request pursuant to this paragraph shall be in writing.
(B) If a person about whom information is requested pursuant to subparagraph (A) is designated as a suspected gang member, associate, or affiliate in a shared gang database by that law enforcement agency, the person making the request may also request information as to the basis for the designation for the purpose of contesting the designation as described in subdivision (f).
(2) The law enforcement agency shall provide information requested under paragraph (1), unless doing so would compromise an active criminal investigation or compromise the health or safety of the person if the person is under 18 years of age.
(3) The law enforcement agency shall respond to a valid request pursuant to paragraph (1) in writing to the person making the request within 30 calendar days of receipt of the request.
(f) Subsequent to the notice described in subdivision (d), the person to be designated as a suspected gang member, associate, or affiliate, or his or her parent or guardian, may submit written documentation to the local law enforcement agency contesting the designation. The local law enforcement agency shall review the documentation, and if the agency determines that the person is not a suspected gang member, associate, or affiliate, the agency shall remove the person from the shared gang database. The local law enforcement agency shall provide the person and his or her parent or guardian with written verification of the agency’s decision within 30 days of submission of the written documentation contesting the designation. If the law enforcement agency denies the request for removal, the notice of its determination shall state the reason for the denial. The person may appeal the denial pursuant to Section 186.35.
(g) Nothing in this section shall require a local law enforcement agency to disclose any information protected under Section 1040 or 1041 of the Evidence Code or Section 6254 of the Government Code.
SEC. 3.
Section 186.35 is added to the Penal Code, to read:
186.35.
(a) A person who is listed by a law enforcement agency in a shared gang database as a gang member, suspected gang member, associate, or affiliate and who has contested his or her designation pursuant to subdivision (f) of Section 186.34, may seek review within 90 calendar days of the agency’s mailing or personal service of the verification of the decision by filing an appeal to be heard by the superior court. A proceeding under this subdivision is a limited civil case. A copy of the notice of appeal shall be served in person or by first-class mail upon the agency by the person. For purposes of computing the 90-calendar-day period, Section 1013 of the Code of Civil Procedure shall be applicable.
(b) The evidentiary record for the appeal shall be limited to the agency’s statement of basis of its designation made pursuant to subdivision (e) of Section 186.34, and the documentation provided to the agency by the appellant pursuant to subdivision (f) of Section 186.34. If, upon de novo review and any arguments presented to the court, the court finds that the law enforcement agency has failed to establish the petitioner’s active gang membership, associate status, or affiliate status by clear and convincing evidence, the court shall order the law enforcement agency to remove the name of the person from the shared gang database.
(c) The fee for filing the notice of appeal is as provided in Section 70615 of the Government Code. The court shall notify the person of the appearance date by mail or personal delivery. The court shall retain the fee under Section 70615 of the Government Code regardless of the outcome of the appeal. If the court finds in favor of the person, the amount of the fee shall be reimbursed to the person by the agency.
SEC. 4.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
### Summary:
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The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:
(a) A more efficient water transfer process and a more accessible water market can play important roles in reducing uncertainty and water shortage impacts on the state’s economy now and in the future.
(b)
The California Water Action Plan calls for making improvements to the water transfer process as part of a comprehensive, long-term water management policy.
(c)
While numerous water agencies and water users currently participate in the water market, water transfer processes are complex and water market information may not be readily available to the public and all potential sellers and buyers.
(d)
Providing greater transparency in and access to water marketing will provide a needed tool to increase water supplies by leveraging significant local and regional investments made over the past two decades to increase water supply reliability.
(e)
An enhanced water market, used in conjunction with investments in conveyance, water use efficiency, including water conservation and water recycling, surface and groundwater storage, desalination, and other strategies, will add to the water supplies that are available to help the state weather multiple years of drought and protect economic and environmental uses of water.
(f)
Voluntary water transfers are a proven and effective way to help meet California’s water needs, as evidenced by the landmark 1991 Governor’s Emergency Drought Water Bank and numerous subsequent water banks, exchanges, and short- and long-term water transfers.
(g)
Water markets can improve water use efficiency and pricing, which in turn can contribute to increased water supply for consumptive uses, enhanced stream flows, and more water for wetlands and other environmental resources. This benefit would be of particular importance during prolonged drought.
(h)
Improving the water transfer process and enhancing access to water markets can accomplish all of the following:
(1) Protect existing local and regional investments.
(2)
Improve coordination among water agencies.
(3)
Incentivize significant investments in water use efficiency projects and programs.
(4)
Increase water supply and water supply reliability for urban and agricultural water users.
(5)
Increase the quantities or improve the timing of water available for transfers by providing information to sellers and buyers who might not otherwise have sufficient information to participate in water markets.
(6)
Benefit the environment by enhancing the state’s water supplies and increasing the amount or improving the timing of water available for environmental uses.
(7)
Benefit communities by bolstering water supplies and reducing reliance on groundwater resources.
SEC. 2.
Chapter 7.5 (commencing with Section 485) is added to Division 1 of the Water Code, to read:
CHAPTER 7.5. California Water Market Clearinghouse
485.
This chapter shall be known, and may be cited, as the California Water Market Clearinghouse Act of 2016.
486.
It is the intent of the Legislature to create the California Water Market Clearinghouse to do all of the following:
(a) Advance water sustainability, resiliency, and adaptability to drought and climate change by promoting efficient water markets.
(b) Provide important benefits and opportunities for disadvantaged communities and environmental resources.
(c) Increase agency coordination, transparency, and decisionmaking capacity.
(d) Facilitate water transfers and water user access to exchanges by the establishment of a centralized market information platform and better coordinated review and approval processes, thereby streamlining the process. This can be achieved without a significant increase in the overall transaction costs or regulatory burdens associated with water transfer processes.
(e) Enable and encourage public and private investments in water use efficiency and other water-saving measures through participation in water transfers and exchanges.
(f) Promote and enable water transfers and exchanges as effective mechanisms for management of sustainable surface and groundwater resources in the state.
(g) Protect environmental resources, including groundwater, consistent with the requirements of the Sustainable Groundwater Management Act (Part 2.74 (commencing with Section 10720) of Division 6).
(h) Protect drinking water supplies in areas of origin from cumulative impacts of multiple or long-term water transfers and exchanges.
487.
(a) On and after July 1, 2018, the California Water Market Clearinghouse shall operate as an independent office within the Natural Resources Agency. The purpose of the California Water Market Clearinghouse is to make the water transfer and exchange process more transparent and more efficient and to enhance access to voluntary water market transactions, in particular those that provide environmental or social benefits.
(b) The director of the California Water Market Clearinghouse shall be appointed by the Secretary of the Natural Resources Agency.
488.
(a) On or before December 31, 2018, the California Water Market Clearinghouse shall create a centralized water market platform on its Internet Web site that provides ready access to information that has been provided about water available for transfer or exchange and information about the process for transferring or exchanging water. The platform shall be readily available to the public and contain all water transfer or exchange data and information collected by the California Water Market Clearinghouse.
(b) On or before December 31, 2018, the California Water Market Clearinghouse shall consider and act upon the recommendations submitted by the Water Market Clearinghouse Task Force and shall establish administrative procedures under which state agencies shall more expediently act upon proposed water transfers or exchanges. Those procedures shall require state agencies to prioritize projects that provide environmental and community benefits or have a demonstrated history of minimal potential impact to other legal water users or instream beneficial uses. The California Water Market Clearinghouse shall act consistent with rulemaking procedures of the state and shall work in collaboration with other state agencies to make necessary changes in the rules and regulations governing water transfers and exchanges.
(c) On and after January 1, 2020, all transfers or exchanges that require conveyance across the Sacramento-San Joaquin Delta or result in conveyance of water from one watershed to another shall be submitted to the California Water Market Clearinghouse and processed according to the procedures and standards established, pursuant to subdivision (b), by the California Water Market Clearinghouse in coordination with other state and federal agencies.
(d) On or before December 31, 2018, the Natural Resources Agency shall create within the California Water Market Clearinghouse an Office of the Water Transfer Advocate and appoint a Water Transfer Advocate.
(e) Nothing in this chapter provides authority to the California Water Market Clearinghouse to approve or disapprove water transfers or exchanges.
489.
(a) In order to provide the California Water Market Clearinghouse with appropriate recommendations to improve the water transfer process and increase access to the water market as part of a comprehensive, long-term water management policy, the Secretary of the Natural Resources Agency shall convene a task force, to be known as the Water Market Clearinghouse Task Force.
(b) The Water Market Clearinghouse Task Force shall make recommendations, based upon the best available science, to the California Water Market Clearinghouse regarding all of the following:
(1) How to aggregate and disclose in a publicly accessible manner the information required to be submitted in support of an application to transfer water pursuant to Section 1725 or any other law. The information should include, but not be limited to, all of the following:
(A) The names of the water buyer and seller.
(B) The quantity of water to be transferred or exchanged.
(C) The price to be paid for the water transfer or exchange.
(D) The time and duration of the water transfer or exchange.
(E) The nature of the underlying right to the water proposed to be transferred or exchanged.
(F) The origin and proposed point of use, place of use, and purpose of use of the transferred or exchanged water.
(G) A description of the conveyance and storage facilities necessary to complete the transfer or exchange.
(H) An identification of any third-party impacts including, but not limited to, water quality impacts.
(2) The information required for water users and the public to readily track the progress of a proposed transfer through agency review to ensure expedient approval whenever possible.
(3) The type of information that the California Water Market Clearinghouse should require to be submitted to it by state or local agencies that approve a water transfer or exchange after the transfer or exchange is completed. The information should include, but not be limited to, all of the following:
(A) The quantity of water transferred or exchanged.
(B) The new place of use for the transferred or exchanged water.
(C) The new point of rediversion for the transferred or exchanged water.
(D) The parties to the water transfer or exchange.
(E) The conveyance and storage facilities used to complete the water transfer or exchange.
(F) The time and duration of the water transfer or exchange.
(4) Procedures and standards designed to provide for all of the following:
(A) Better coordinated review of and action upon applications or proposals to transfer or exchange water, or both.
(B) Priority for projects that provide environmental and community benefits or have demonstrated a history of minimal potential impact to other legal water users or instream beneficial uses.
(C) Reduced transaction costs of water transfers and exchanges.
(D) Comprehensive evaluation of transfers that should be eligible for expedited review, with consideration of drinking water supply, environmental quality, and groundwater sustainability benefits and impacts.
(E) Assurance that transfers and exchanges protect environmental and community resources in areas of origin and in recipient areas.
(F) Demonstration that a transfer will not adversely affect groundwater conditions in any areas involved in the transfer.
(c) In addition to the recommendations required pursuant to subdivision (b), the Water Market Clearinghouse Task Force may consider and make recommendations, based upon the best available science, to the California Water Market Clearinghouse regarding any or all of the following:
(1) Consolidating places of use.
(2) Incentivizing and facilitating water use efficiency-related water transfers, as well as transfers between environmental uses.
(3) Developing and facilitating pilot transfers based on crop fallowing and other practices to quantify and validate consumptive water use rates and incorporating findings into water transfer guidelines.
(4) Providing transparency regarding Delta carriage water loss analysis.
(5) Establishing or documenting conveyance access protocols.
(6) Creating market mechanisms for access to capital.
(d) (1) The Water Market Clearinghouse Task Force shall be composed of the following members:
(A) One representative from each of the following state agencies:
(i) The Natural Resources Agency. This representative shall serve as the chair of the Water Market Clearinghouse Task Force.
(ii) The department.
(iii) The Department of Fish and Wildlife.
(iv) The Department of Food and Agriculture.
(v) The Office of Planning and Research.
(vi) The board.
(B) Representatives from academia, agricultural water suppliers, municipal water suppliers, disadvantaged communities, environmental and conservation organizations, and groundwater management entities.
(C) Representatives from entities that have participated in water transfers as sellers and buyers of water.
(2) The federal water and resources agencies shall be invited to have representatives participate in the Water Market Clearinghouse Task Force.
(e) The Water Market Clearinghouse Task Force shall conduct three public meetings to consider public comments on draft recommendations to the California Water Market Clearinghouse. The Water Market Clearinghouse Task Force shall publish draft recommendations at least 30 days before the public meetings. One public meeting shall be conducted at a location in northern California, one public meeting shall be conducted at a location in the central valley of California, and one public meeting shall be conducted at a location in southern California. The Water Market Clearinghouse Task Force shall invite California Native American tribes, environmental justice organizations, cities, counties, and local production agricultural organizations to participate in the public meetings.
(f) On or before January 1, 2018, the Water Market Clearinghouse Task Force shall submit its recommendations to the California Water Market Clearinghouse.
490.
(a) Anyone submitting information pursuant to subdivision (c) of Section 488 shall pay an administrative fee, established by the California Water Market Clearinghouse, to recover the reasonable costs of the California Water Market Clearinghouse in administering this chapter.
(b) Fees imposed pursuant to subdivision (a) shall be deposited in the California Water Market Clearinghouse Fund, which is hereby created in the State Treasury. Moneys in the fund shall be available, upon appropriation by the Legislature, to the California Water Market Clearinghouse for the purposes of this chapter.
491.
This chapter applies in addition to any other law relating to water transfers and exchanges.
SECTION 1.
It is the intent of the Legislature in creating the California Water Market Exchange that the market exchange do all of the following:
(a)Create water sustainability, resiliency, and adaptability to drought and climate change.
(b)Provide important benefits and opportunities for disadvantaged communities and environmental resources.
(c)Increase transparency and decisionmaking capacity by better integrating data collection and reporting.
(d)Facilitate water transfers and exchanges by the establishment of a centralized exchange platform and streamline review and approval processes.
(e)Enable and encourage public and private investments in water use efficiency measures through participation in water transfers and exchanges.
(f)Provide water transfers and exchanges as an effective mechanism for sustainable management of surface and groundwater resources in the state.
SEC. 2.
Chapter 7.5 (commencing with Section 485) is added to Division 1 of the
Water Code
, to read:
7.5.
California Water Market Exchange
485.
This chapter shall be known, and may be cited, as the California Water Market Exchange Act of 2016.
486.
The following definitions govern the construction of this chapter:
(a)“Disadvantaged community” has the same meaning as defined in Section 79505.5.
(b)“Market exchange” means the California Water Market Exchange established in Section 487.
(c)“Small community water system” has the same meaning as defined in Section 116275 of the Health and Safety Code.
487.
(a)The California Water Market Exchange is hereby established in the Natural Resources Agency.
(b)The market exchange shall be governed by a five-member board, composed as follows:
(1)The Secretary of the Natural Resources Agency.
(2)Four individuals appointed by the Governor.
(c)Each board member appointed by the Governor shall hold office for a term of four years. The Governor shall stagger the terms of the initial members appointed. A vacancy shall be filled by the Governor by appointing a member to serve the remainder of the term.
488.
(a)On or before December 31, 2017, the market exchange shall create a centralized water market platform on its Internet Web site that provides ready access to information about water available for transfer or exchange. The platform shall be readily available to the public and contain all data and information collected by the market exchange in order to ensure transparency of information regarding the quantities of water available for transfer or exchange and the prices paid for transferred or exchanged water.
(b)Before a transfer or exchange of water, the market exchange shall require the submission of data and information that includes, but is not limited to, all of the following:
(1)The names of the water buyer and seller.
(2)The quantity of water to be transferred or exchanged.
(3)The price to be paid for the water transfer or exchange.
(4)The time and duration of the water transfer or exchange.
(5)The nature of the underlying right to the water proposed to be transferred or exchanged.
(6)The origin location and proposed place of use of the transferred or exchanged water.
(7)A description of the conveyance and storage facilities necessary to complete the transfer or exchange.
(8)An identification of any third-party impacts that may result from the transfer or exchange.
(c)After a transfer or exchange of water, the market exchange shall require the submission of data and information that includes, but is not limited to, all of the following:
(1)The quantity of water transferred or exchanged.
(2)The conveyance and storage facilities used to complete the water transfer or exchange.
(3)The time and duration of the water transfer or exchange.
489.
The Legislature intends that water transfers and exchanges protect and enhance environmental and community benefits that include the following:
(a)Instream flows and ecosystem water supply.
(b)Improved water monitoring and data networks.
(c)Ecosystem restoration projects benefitting aquatic and riparian species.
(d)Improved drinking water supply and quality projects.
(e)Development of needed technical, managerial, and financial capacity for disadvantaged communities.
(f)Acquisition through the market exchange of needed water supplies for small community water systems.
490.
On or before December 31, 2017, the market exchange shall do both of the following:
(a)Develop procedures, in consultation with federal, state, and local agencies with jurisdiction over water transfers or exchanges, to streamline and expedite review and action upon applications to transfer or exchange water and to prioritize projects that provide environmental and community benefits as described in Section 489. The procedures shall recommend types of transfers and exchanges that could be more routinely approved.
(b)Establish standards and procedures to ensure that transfers and exchanges protect environmental and community benefits consistent with Section 489 and to encourage projects that improve environmental conditions, provide safe drinking water, and provide other community benefits.
491.
(a)Anyone submitting information pursuant to subdivision (b) or (c) of Section 488 shall pay an administrative fee, established by the market exchange, to recover the reasonable costs of the market exchange in administering this chapter.
(b)Fees imposed pursuant to subdivision (a) shall be deposited in the California Water Market Exchange Fund that is hereby created in the State Treasury. Moneys in the fund shall be available, upon appropriation by the Legislature, to the market exchange for the purposes of this chapter.
492.
(a)This chapter applies in addition to any other law relating to water transfers and exchanges.
(b)This chapter applies to all transfers and exchanges of water occurring on or after January 1, 2018. | Existing law, the Costa-Isenberg Water Transfer Act of 1986, requires the Department of Water Resources to establish an ongoing program to facilitate the voluntary exchange or transfer of water and implement the various laws that pertain to water transfers. The act requires the department to create and maintain a list of entities seeking to enter into water supply transfers, leases, exchanges, or other similar arrangements and to maintain a list of the physical facilities that may be available to carry out water supply transfers. The act requires the department to prepare a water transfer guide with prescribed components.
This
bill
bill, on and after July 1, 2018,
would establish the California Water Market
Exchange, governed by a 5-member board, in
Clearinghouse as an independent office
within
the Natural Resources
Agency.
Agency for the purpose of making the water transfer and exchange process more transparent and more efficient
and to enhance access to voluntary water market transactions, as specified.
This bill would require the
market exchange, on or before December 31, 2017,
clearinghouse, on or before December 31, 2018,
to create a centralized water market platform on its Internet Web site that provides ready access to information
that has been provided
about water available for transfer or
exchange.
exchange and information about the process for transferring or exchanging water. The bill would require the Secretary of the Natural Resources Agency to convene a Water Market Clearinghouse Task Force, composed as prescribed, and would require the task force to make recommendations to the clearinghouse, as specified. The bill, on or before December 31, 2018, would require the clearinghouse to consider and act upon the recommendations submitted by the task force in order to establish administrative procedures under which state agencies would more expediently act upon proposed water transfers or exchanges and would prioritize projects that provide environmental and community benefits or have a demonstrated history of minimal potential impact to other legal water users or instream beneficial uses. The bill would require the clearinghouse to work in collaboration with other state agencies to make necessary changes in the rules and regulations governing water transfers and exchanges.
This
bill, for
bill would require
all transfers
and
or
exchanges of water occurring on or after January 1,
2018, would require the submission of certain data and information to the market exchange and
2020, that require conveyance across the Sacramento-San Joaquin Delta or result in conveyance of water from one watershed to another
to be submitted to the clearinghouse and processed, as specified, and would require
the payment of an administrative fee to the
market exchange,
clearinghouse for this processing,
as specified.
This bill would require the market exchange to develop specified procedures in consultation with federal, state, and local agencies.
The bill, on or before December 31, 2018, would require the agency to create an Office of the Water Transfer Advocate within the clearinghouse and to appoint an advocate. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:
(a) A more efficient water transfer process and a more accessible water market can play important roles in reducing uncertainty and water shortage impacts on the state’s economy now and in the future.
(b)
The California Water Action Plan calls for making improvements to the water transfer process as part of a comprehensive, long-term water management policy.
(c)
While numerous water agencies and water users currently participate in the water market, water transfer processes are complex and water market information may not be readily available to the public and all potential sellers and buyers.
(d)
Providing greater transparency in and access to water marketing will provide a needed tool to increase water supplies by leveraging significant local and regional investments made over the past two decades to increase water supply reliability.
(e)
An enhanced water market, used in conjunction with investments in conveyance, water use efficiency, including water conservation and water recycling, surface and groundwater storage, desalination, and other strategies, will add to the water supplies that are available to help the state weather multiple years of drought and protect economic and environmental uses of water.
(f)
Voluntary water transfers are a proven and effective way to help meet California’s water needs, as evidenced by the landmark 1991 Governor’s Emergency Drought Water Bank and numerous subsequent water banks, exchanges, and short- and long-term water transfers.
(g)
Water markets can improve water use efficiency and pricing, which in turn can contribute to increased water supply for consumptive uses, enhanced stream flows, and more water for wetlands and other environmental resources. This benefit would be of particular importance during prolonged drought.
(h)
Improving the water transfer process and enhancing access to water markets can accomplish all of the following:
(1) Protect existing local and regional investments.
(2)
Improve coordination among water agencies.
(3)
Incentivize significant investments in water use efficiency projects and programs.
(4)
Increase water supply and water supply reliability for urban and agricultural water users.
(5)
Increase the quantities or improve the timing of water available for transfers by providing information to sellers and buyers who might not otherwise have sufficient information to participate in water markets.
(6)
Benefit the environment by enhancing the state’s water supplies and increasing the amount or improving the timing of water available for environmental uses.
(7)
Benefit communities by bolstering water supplies and reducing reliance on groundwater resources.
SEC. 2.
Chapter 7.5 (commencing with Section 485) is added to Division 1 of the Water Code, to read:
CHAPTER 7.5. California Water Market Clearinghouse
485.
This chapter shall be known, and may be cited, as the California Water Market Clearinghouse Act of 2016.
486.
It is the intent of the Legislature to create the California Water Market Clearinghouse to do all of the following:
(a) Advance water sustainability, resiliency, and adaptability to drought and climate change by promoting efficient water markets.
(b) Provide important benefits and opportunities for disadvantaged communities and environmental resources.
(c) Increase agency coordination, transparency, and decisionmaking capacity.
(d) Facilitate water transfers and water user access to exchanges by the establishment of a centralized market information platform and better coordinated review and approval processes, thereby streamlining the process. This can be achieved without a significant increase in the overall transaction costs or regulatory burdens associated with water transfer processes.
(e) Enable and encourage public and private investments in water use efficiency and other water-saving measures through participation in water transfers and exchanges.
(f) Promote and enable water transfers and exchanges as effective mechanisms for management of sustainable surface and groundwater resources in the state.
(g) Protect environmental resources, including groundwater, consistent with the requirements of the Sustainable Groundwater Management Act (Part 2.74 (commencing with Section 10720) of Division 6).
(h) Protect drinking water supplies in areas of origin from cumulative impacts of multiple or long-term water transfers and exchanges.
487.
(a) On and after July 1, 2018, the California Water Market Clearinghouse shall operate as an independent office within the Natural Resources Agency. The purpose of the California Water Market Clearinghouse is to make the water transfer and exchange process more transparent and more efficient and to enhance access to voluntary water market transactions, in particular those that provide environmental or social benefits.
(b) The director of the California Water Market Clearinghouse shall be appointed by the Secretary of the Natural Resources Agency.
488.
(a) On or before December 31, 2018, the California Water Market Clearinghouse shall create a centralized water market platform on its Internet Web site that provides ready access to information that has been provided about water available for transfer or exchange and information about the process for transferring or exchanging water. The platform shall be readily available to the public and contain all water transfer or exchange data and information collected by the California Water Market Clearinghouse.
(b) On or before December 31, 2018, the California Water Market Clearinghouse shall consider and act upon the recommendations submitted by the Water Market Clearinghouse Task Force and shall establish administrative procedures under which state agencies shall more expediently act upon proposed water transfers or exchanges. Those procedures shall require state agencies to prioritize projects that provide environmental and community benefits or have a demonstrated history of minimal potential impact to other legal water users or instream beneficial uses. The California Water Market Clearinghouse shall act consistent with rulemaking procedures of the state and shall work in collaboration with other state agencies to make necessary changes in the rules and regulations governing water transfers and exchanges.
(c) On and after January 1, 2020, all transfers or exchanges that require conveyance across the Sacramento-San Joaquin Delta or result in conveyance of water from one watershed to another shall be submitted to the California Water Market Clearinghouse and processed according to the procedures and standards established, pursuant to subdivision (b), by the California Water Market Clearinghouse in coordination with other state and federal agencies.
(d) On or before December 31, 2018, the Natural Resources Agency shall create within the California Water Market Clearinghouse an Office of the Water Transfer Advocate and appoint a Water Transfer Advocate.
(e) Nothing in this chapter provides authority to the California Water Market Clearinghouse to approve or disapprove water transfers or exchanges.
489.
(a) In order to provide the California Water Market Clearinghouse with appropriate recommendations to improve the water transfer process and increase access to the water market as part of a comprehensive, long-term water management policy, the Secretary of the Natural Resources Agency shall convene a task force, to be known as the Water Market Clearinghouse Task Force.
(b) The Water Market Clearinghouse Task Force shall make recommendations, based upon the best available science, to the California Water Market Clearinghouse regarding all of the following:
(1) How to aggregate and disclose in a publicly accessible manner the information required to be submitted in support of an application to transfer water pursuant to Section 1725 or any other law. The information should include, but not be limited to, all of the following:
(A) The names of the water buyer and seller.
(B) The quantity of water to be transferred or exchanged.
(C) The price to be paid for the water transfer or exchange.
(D) The time and duration of the water transfer or exchange.
(E) The nature of the underlying right to the water proposed to be transferred or exchanged.
(F) The origin and proposed point of use, place of use, and purpose of use of the transferred or exchanged water.
(G) A description of the conveyance and storage facilities necessary to complete the transfer or exchange.
(H) An identification of any third-party impacts including, but not limited to, water quality impacts.
(2) The information required for water users and the public to readily track the progress of a proposed transfer through agency review to ensure expedient approval whenever possible.
(3) The type of information that the California Water Market Clearinghouse should require to be submitted to it by state or local agencies that approve a water transfer or exchange after the transfer or exchange is completed. The information should include, but not be limited to, all of the following:
(A) The quantity of water transferred or exchanged.
(B) The new place of use for the transferred or exchanged water.
(C) The new point of rediversion for the transferred or exchanged water.
(D) The parties to the water transfer or exchange.
(E) The conveyance and storage facilities used to complete the water transfer or exchange.
(F) The time and duration of the water transfer or exchange.
(4) Procedures and standards designed to provide for all of the following:
(A) Better coordinated review of and action upon applications or proposals to transfer or exchange water, or both.
(B) Priority for projects that provide environmental and community benefits or have demonstrated a history of minimal potential impact to other legal water users or instream beneficial uses.
(C) Reduced transaction costs of water transfers and exchanges.
(D) Comprehensive evaluation of transfers that should be eligible for expedited review, with consideration of drinking water supply, environmental quality, and groundwater sustainability benefits and impacts.
(E) Assurance that transfers and exchanges protect environmental and community resources in areas of origin and in recipient areas.
(F) Demonstration that a transfer will not adversely affect groundwater conditions in any areas involved in the transfer.
(c) In addition to the recommendations required pursuant to subdivision (b), the Water Market Clearinghouse Task Force may consider and make recommendations, based upon the best available science, to the California Water Market Clearinghouse regarding any or all of the following:
(1) Consolidating places of use.
(2) Incentivizing and facilitating water use efficiency-related water transfers, as well as transfers between environmental uses.
(3) Developing and facilitating pilot transfers based on crop fallowing and other practices to quantify and validate consumptive water use rates and incorporating findings into water transfer guidelines.
(4) Providing transparency regarding Delta carriage water loss analysis.
(5) Establishing or documenting conveyance access protocols.
(6) Creating market mechanisms for access to capital.
(d) (1) The Water Market Clearinghouse Task Force shall be composed of the following members:
(A) One representative from each of the following state agencies:
(i) The Natural Resources Agency. This representative shall serve as the chair of the Water Market Clearinghouse Task Force.
(ii) The department.
(iii) The Department of Fish and Wildlife.
(iv) The Department of Food and Agriculture.
(v) The Office of Planning and Research.
(vi) The board.
(B) Representatives from academia, agricultural water suppliers, municipal water suppliers, disadvantaged communities, environmental and conservation organizations, and groundwater management entities.
(C) Representatives from entities that have participated in water transfers as sellers and buyers of water.
(2) The federal water and resources agencies shall be invited to have representatives participate in the Water Market Clearinghouse Task Force.
(e) The Water Market Clearinghouse Task Force shall conduct three public meetings to consider public comments on draft recommendations to the California Water Market Clearinghouse. The Water Market Clearinghouse Task Force shall publish draft recommendations at least 30 days before the public meetings. One public meeting shall be conducted at a location in northern California, one public meeting shall be conducted at a location in the central valley of California, and one public meeting shall be conducted at a location in southern California. The Water Market Clearinghouse Task Force shall invite California Native American tribes, environmental justice organizations, cities, counties, and local production agricultural organizations to participate in the public meetings.
(f) On or before January 1, 2018, the Water Market Clearinghouse Task Force shall submit its recommendations to the California Water Market Clearinghouse.
490.
(a) Anyone submitting information pursuant to subdivision (c) of Section 488 shall pay an administrative fee, established by the California Water Market Clearinghouse, to recover the reasonable costs of the California Water Market Clearinghouse in administering this chapter.
(b) Fees imposed pursuant to subdivision (a) shall be deposited in the California Water Market Clearinghouse Fund, which is hereby created in the State Treasury. Moneys in the fund shall be available, upon appropriation by the Legislature, to the California Water Market Clearinghouse for the purposes of this chapter.
491.
This chapter applies in addition to any other law relating to water transfers and exchanges.
SECTION 1.
It is the intent of the Legislature in creating the California Water Market Exchange that the market exchange do all of the following:
(a)Create water sustainability, resiliency, and adaptability to drought and climate change.
(b)Provide important benefits and opportunities for disadvantaged communities and environmental resources.
(c)Increase transparency and decisionmaking capacity by better integrating data collection and reporting.
(d)Facilitate water transfers and exchanges by the establishment of a centralized exchange platform and streamline review and approval processes.
(e)Enable and encourage public and private investments in water use efficiency measures through participation in water transfers and exchanges.
(f)Provide water transfers and exchanges as an effective mechanism for sustainable management of surface and groundwater resources in the state.
SEC. 2.
Chapter 7.5 (commencing with Section 485) is added to Division 1 of the
Water Code
, to read:
7.5.
California Water Market Exchange
485.
This chapter shall be known, and may be cited, as the California Water Market Exchange Act of 2016.
486.
The following definitions govern the construction of this chapter:
(a)“Disadvantaged community” has the same meaning as defined in Section 79505.5.
(b)“Market exchange” means the California Water Market Exchange established in Section 487.
(c)“Small community water system” has the same meaning as defined in Section 116275 of the Health and Safety Code.
487.
(a)The California Water Market Exchange is hereby established in the Natural Resources Agency.
(b)The market exchange shall be governed by a five-member board, composed as follows:
(1)The Secretary of the Natural Resources Agency.
(2)Four individuals appointed by the Governor.
(c)Each board member appointed by the Governor shall hold office for a term of four years. The Governor shall stagger the terms of the initial members appointed. A vacancy shall be filled by the Governor by appointing a member to serve the remainder of the term.
488.
(a)On or before December 31, 2017, the market exchange shall create a centralized water market platform on its Internet Web site that provides ready access to information about water available for transfer or exchange. The platform shall be readily available to the public and contain all data and information collected by the market exchange in order to ensure transparency of information regarding the quantities of water available for transfer or exchange and the prices paid for transferred or exchanged water.
(b)Before a transfer or exchange of water, the market exchange shall require the submission of data and information that includes, but is not limited to, all of the following:
(1)The names of the water buyer and seller.
(2)The quantity of water to be transferred or exchanged.
(3)The price to be paid for the water transfer or exchange.
(4)The time and duration of the water transfer or exchange.
(5)The nature of the underlying right to the water proposed to be transferred or exchanged.
(6)The origin location and proposed place of use of the transferred or exchanged water.
(7)A description of the conveyance and storage facilities necessary to complete the transfer or exchange.
(8)An identification of any third-party impacts that may result from the transfer or exchange.
(c)After a transfer or exchange of water, the market exchange shall require the submission of data and information that includes, but is not limited to, all of the following:
(1)The quantity of water transferred or exchanged.
(2)The conveyance and storage facilities used to complete the water transfer or exchange.
(3)The time and duration of the water transfer or exchange.
489.
The Legislature intends that water transfers and exchanges protect and enhance environmental and community benefits that include the following:
(a)Instream flows and ecosystem water supply.
(b)Improved water monitoring and data networks.
(c)Ecosystem restoration projects benefitting aquatic and riparian species.
(d)Improved drinking water supply and quality projects.
(e)Development of needed technical, managerial, and financial capacity for disadvantaged communities.
(f)Acquisition through the market exchange of needed water supplies for small community water systems.
490.
On or before December 31, 2017, the market exchange shall do both of the following:
(a)Develop procedures, in consultation with federal, state, and local agencies with jurisdiction over water transfers or exchanges, to streamline and expedite review and action upon applications to transfer or exchange water and to prioritize projects that provide environmental and community benefits as described in Section 489. The procedures shall recommend types of transfers and exchanges that could be more routinely approved.
(b)Establish standards and procedures to ensure that transfers and exchanges protect environmental and community benefits consistent with Section 489 and to encourage projects that improve environmental conditions, provide safe drinking water, and provide other community benefits.
491.
(a)Anyone submitting information pursuant to subdivision (b) or (c) of Section 488 shall pay an administrative fee, established by the market exchange, to recover the reasonable costs of the market exchange in administering this chapter.
(b)Fees imposed pursuant to subdivision (a) shall be deposited in the California Water Market Exchange Fund that is hereby created in the State Treasury. Moneys in the fund shall be available, upon appropriation by the Legislature, to the market exchange for the purposes of this chapter.
492.
(a)This chapter applies in addition to any other law relating to water transfers and exchanges.
(b)This chapter applies to all transfers and exchanges of water occurring on or after January 1, 2018.
### Summary:
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The people of the State of California do enact as follows:
SECTION 1.
Section 48645.3 of the Education Code is amended to read:
48645.3.
(a) Juvenile court schools shall be conducted in a manner as shall be prescribed by the county board of education to best accomplish the provisions of Section 48645. The minimum schoolday shall be 240 minutes. Minimum schooldays shall be calculated on the basis of the average number of minutes of attendance during not more than 10 consecutive days in which classes are conducted. The minimum schoolday for pupils in attendance in approved vocational education programs, work programs prescribed by the probation department pursuant to Section 883 of the Welfare and Institutions Code, and work experience programs shall be 180 minutes, which shall be calculated on the basis of the average number of minutes of attendance during not more than 10 consecutive days in which classes are conducted. The county board of education shall adopt and enforce a course of study and evaluate its program in accordance with Sections 51040, 51041, 51050, and 51054 and the provisions of Article 3 (commencing with Section 51220) of Chapter 2 of Part 28, except subdivision (c) of Section 51220.
(b) Juvenile court schools shall not be closed on any weekday of the calendar year, except those weekdays adopted by the county board of education as school holidays or set aside by the county board of education for inservice purposes. However, the county board of education may close juvenile court schools when it deems the closing is necessary to accommodate contingencies.
(c) (1) The county board of education may adopt and enforce a course of study that enhances instruction in mathematics and English language arts for pupils attending juvenile court schools, as determined by statewide assessments or objective local evaluations and assessments as approved by the county superintendent of schools.
(2) The enhanced course of study adopted pursuant to paragraph (1) shall meet the standards adopted pursuant to Section 60605.8, as appropriate, and shall be tailored to meet the needs of the individual pupil to increase the pupil’s academic literacy and reading fluency.
(d) It is the intent of the Legislature that pupils in juvenile court schools have a rigorous curriculum that includes a course of study preparing them for high school graduation and career entry and fulfilling the requirements for admission to the University of California and the California State University.
SEC. 2.
Section 48645.5 of the Education Code is amended to read:
48645.5.
(a) Each public school district and county office of education shall accept for credit full or partial coursework satisfactorily completed by a pupil while attending a public school, juvenile court school, or nonpublic, nonsectarian school or agency. The coursework shall be transferred by means of the standard state transcript. If a pupil completes the graduation requirements of his or her school district of residence while being detained, the school district of residence shall issue to the pupil a diploma from the school the pupil last attended before detention or, in the alternative, the county superintendent of schools may issue the diploma.
(b) A pupil shall not be denied enrollment or readmission to a public school solely on the basis that he or she has had contact with the juvenile justice system, including, but not limited to:
(1) Arrest.
(2) Adjudication by a juvenile court.
(3) Formal or informal supervision by a probation officer.
(4) Detention for any length of time in a juvenile facility or enrollment in a juvenile court school.
(c) Pursuant to subparagraph (B) of paragraph (8) of subdivision (f) of Section 48853.5, a pupil who has had contact with the juvenile justice system shall be immediately enrolled in a public school.
(d) If a pupil completes the statewide coursework requirements for graduation specified in Section 51225.3 while attending a juvenile court school, the county office of education shall issue to the pupil a diploma of graduation and shall not require the pupil to complete coursework or other requirements that are in addition to the statewide coursework requirements.
SEC. 3.
Section 51225.1 of the Education Code is amended to read:
51225.1.
(a) Notwithstanding any other law, a school district shall exempt a pupil in foster care, as defined in Section 51225.2, a pupil who is a homeless child or youth, as defined in Section 11434a(2) of Title 42 of the United States Code, or a former juvenile court school pupil, as defined in Section 51225.2, who transfers between schools any time after the completion of the pupil’s second year of high school from all coursework and other requirements adopted by the governing board of the school district that are in addition to the statewide coursework requirements specified in Section 51225.3, unless the school district makes a finding that the pupil is reasonably able to complete the school district’s graduation requirements in time to graduate from high school by the end of the pupil’s fourth year of high school.
(b) If the school district determines that the pupil in foster care, the pupil who is a homeless child or youth, or the former juvenile court school pupil is reasonably able to complete the school district’s graduation requirements within the pupil’s fifth year of high school, the school district shall do all of the following:
(1) Inform the pupil of his or her option to remain in school for a fifth year to complete the school district’s graduation requirements.
(2) Inform the pupil, and the person holding the right to make educational decisions for the pupil, about how remaining in school for a fifth year to complete the school district’s graduation requirements will affect the pupil’s ability to gain admission to a postsecondary educational institution.
(3) Provide information to the pupil about transfer opportunities available through the California Community Colleges.
(4) Permit the pupil to stay in school for a fifth year to complete the school district’s graduation requirements upon agreement with the pupil, if the pupil is 18 years of age or older, or, if the pupil is under 18 years of age, upon agreement with the person holding the right to make educational decisions for the pupil.
(c) To determine whether a pupil in foster care, a pupil who is a homeless child or youth, or a former juvenile court school pupil is in the third or fourth year of high school, either the number of credits the pupil has earned to the date of transfer or the length of the pupil’s school enrollment may be used, whichever will qualify the pupil for the exemption.
(d) (1) (A) Within 30 calendar days of the date that a pupil in foster care who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the school district shall notify the pupil, the person holding the right to make educational decisions for the pupil, and the pupil’s social worker or probation officer of the availability of the exemption and whether the pupil qualifies for an exemption.
(B) If the school district fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the termination of the court’s jurisdiction over the pupil, if the pupil otherwise qualifies for the exemption pursuant to this section.
(2) (A) Within 30 calendar days of the date that a pupil who is a homeless child or youth may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the school district shall notify the pupil, the person holding the right to make educational decisions for the pupil, and the local educational agency liaison for homeless children and youth designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code, of the availability of the exemption and whether the pupil qualifies for an exemption.
(B) If the school district fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the pupil is no longer a homeless child or youth, if the pupil otherwise qualifies for the exemption pursuant to this section.
(3) (A) Within 30 calendar days of the date that a former juvenile court school pupil may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the school district shall notify the pupil, the person holding the right to make educational decisions for the pupil, and the pupil’s social worker or probation officer of the availability of the exemption and whether the pupil qualifies for an exemption.
(B) If the school district fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after termination of the court’s jurisdiction over the pupil, if the pupil otherwise qualifies for the exemption pursuant to this section.
(e) If a pupil in foster care, a pupil who is a homeless child or youth, or a former juvenile court school pupil is exempted from local graduation requirements pursuant to this section and completes the statewide coursework requirements specified in Section 51225.3 before the end of his or her fourth year of high school and that pupil would otherwise be entitled to remain in attendance at the school, a school or school district shall not require or request that the pupil graduate before the end of his or her fourth year of high school.
(f) If a pupil in foster care, a pupil who is a homeless child or youth, or a former juvenile court school pupil is exempted from local graduation requirements pursuant to this section, the school district shall notify the pupil and the person holding the right to make educational decisions for the pupil how any of the requirements that are waived will affect the pupil’s ability to gain admission to a postsecondary educational institution and shall provide information about transfer opportunities available through the California Community Colleges.
(g) A pupil in foster care, a pupil who is a homeless child or youth, or a former juvenile court school pupil who is eligible for the exemption from local graduation requirements pursuant to this section and would otherwise be entitled to remain in attendance at the school shall not be required to accept the exemption or be denied enrollment in, or the ability to complete, courses for which he or she is otherwise eligible, including courses necessary to attend an institution of higher education, regardless of whether those courses are required for statewide graduation requirements.
(h) If a pupil in foster care, a pupil who is a homeless child or youth, or a former juvenile court school pupil is not exempted from local graduation requirements or has previously declined the exemption pursuant to this section, a school district shall exempt the pupil at any time if an exemption is requested by the pupil and the pupil qualifies for the exemption.
(i) If a pupil in foster care, a pupil who is a homeless child or youth, or a former juvenile court school pupil is exempted from local graduation requirements pursuant to this section, a school district shall not revoke the exemption.
(j) (1) If a pupil in foster care is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the termination of the court’s jurisdiction over the pupil while he or she is enrolled in school or if the pupil transfers to another school or school district.
(2) If a pupil who is a homeless child or youth is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the pupil is no longer a homeless child or youth while he or she is enrolled in school or if the pupil transfers to another school or school district.
(3) If a former juvenile court school pupil is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the termination of the court’s jurisdiction over the pupil while he or she is enrolled in school or if the pupil transfers to another school or school district.
(k) A school district shall not require or request a pupil in foster care, a pupil who is a homeless child or youth, or a former juvenile court school pupil to transfer schools in order to qualify the pupil for an exemption pursuant to this section.
(l) (1) A pupil in foster care, the person holding the right to make educational decisions for the pupil, the pupil’s social worker, or the pupil’s probation officer shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section.
(2) A pupil who is a homeless child or youth, the person holding the right to make educational decisions for the pupil, or the local educational agency liaison for homeless children and youth designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code, shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section.
(3) A former juvenile court school pupil, the person holding the right to make educational decisions for the pupil, the pupil’s social worker, or the pupil’s probation officer shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section.
(m) (1) A complaint of noncompliance with the requirements of this section may be filed with the local educational agency under the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations.
(2) A complainant not satisfied with the decision of a local educational agency may appeal the decision to the department pursuant to Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations and shall receive a written decision regarding the appeal within 60 days of the department’s receipt of the appeal.
(3) If a local educational agency finds merit in a complaint, or the Superintendent finds merit in an appeal, the local educational agency shall provide a remedy to the affected pupil.
(4) Information regarding the requirements of this section shall be included in the annual notification distributed to, among others, pupils, parents or guardians of pupils, employees, and other interested parties pursuant to Section 4622 of Title 5 of the California Code of Regulations.
SEC. 4.
Section 51225.2 of the Education Code is amended to read:
51225.2.
(a) For purposes of this section, the following definitions apply:
(1) “Pupil in foster care” means a child who has been removed from his or her home pursuant to Section 309 of the Welfare and Institutions Code, is the subject of a petition filed under Section 300 or 602 of the Welfare and Institutions Code, or has been removed from his or her home and is the subject of a petition filed under Section 300 or 602 of the Welfare and Institutions Code.
(2) “Pupil who is a homeless child or youth” means a pupil who meets the definition of “homeless child or youth” in Section 11434a(2) of Title 42 of the United States Code.
(3) “Former juvenile court school pupil” means a pupil who, upon completion of the pupil’s second year of high school, transfers to a school district, excluding a school district operated by the Division of Juvenile Justice of the Department of Corrections and Rehabilitation, from a juvenile court school.
(b) Notwithstanding any other law, a school district and county office of education shall accept coursework satisfactorily completed by a pupil in foster care, a pupil who is a homeless child or youth, or a former juvenile court school pupil while attending another public school, a juvenile court school, or a nonpublic, nonsectarian school or agency even if the pupil did not complete the entire course and shall issue that pupil full or partial credit for the coursework completed.
(c) The credits accepted pursuant to subdivision (b) shall be applied to the same or equivalent course, if applicable, as the coursework completed in the prior public school, juvenile court school, or nonpublic, nonsectarian school or agency.
(d) A school district or county office of education shall not require a pupil in foster care, a pupil who is a homeless child or youth, or a former juvenile court school pupil to retake a course if the pupil has satisfactorily completed the entire course in a public school, a juvenile court school, or a nonpublic, nonsectarian school or agency. If the pupil did not complete the entire course, the school district or county office of education shall not require the pupil to retake the portion of the course the pupil completed unless the school district or county office of education, in consultation with the holder of educational rights for the pupil, finds that the pupil is reasonably able to complete the requirements in time to graduate from high school. When partial credit is awarded in a particular course, the pupil in foster care, the pupil who is a homeless child or youth, or the former juvenile court school pupil shall be enrolled in the same or equivalent course, if applicable, so that the pupil may continue and complete the entire course.
(e) A pupil in foster care, a pupil who is a homeless child or youth, or a former juvenile court school pupil shall not be prevented from retaking or taking a course to meet the eligibility requirements for admission to the California State University or the University of California.
(f) (1) A complaint of noncompliance with the requirements of this section may be filed with the local educational agency under the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations.
(2) A complainant not satisfied with the decision of a local educational agency may appeal the decision to the department pursuant to Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations and shall receive a written decision regarding the appeal within 60 days of the department’s receipt of the appeal.
(3) If a local educational agency finds merit in a complaint, or the Superintendent finds merit in an appeal, the local educational agency shall provide a remedy to the affected pupil.
(4) Information regarding the requirements of this section shall be included in the annual notification distributed to, among others, pupils, parents or guardians of pupils, employees, and other interested parties pursuant to Section 4622 of Title 5 of the California Code of Regulations.
SEC. 5.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | Existing law provides for the administration and operation of juvenile court schools by the county board of education.
This bill would express the Legislature’s intent that juvenile court schools have a rigorous curriculum that includes a course of study that prepares pupils for high school graduation and career entry and fulfills the requirements for admission to the California State University and the University of California.
Existing law prescribes the course of study a pupil is required to complete while in grades 9 to 12, inclusive, in order to receive a diploma of graduation, and authorizes the governing board of a school district to prescribe other coursework requirements that are in addition to the statewide requirements. Existing law exempts pupils in foster care and pupils who are homeless children or youths from local graduation requirements and also requires a school district and county office of education to accept coursework satisfactorily completed by those pupils while attending another public school, a juvenile court school, or a nonpublic, nonsectarian school.
This bill would make that exemption and requirement to accept coursework satisfactorily completed applicable to former juvenile court school pupils, as defined. The bill would also require a county office of education to issue a diploma of graduation to a pupil who completes statewide coursework requirements for graduation while attending a juvenile court school but does not complete coursework and other requirements that are in addition to the statewide graduation requirements. By placing additional requirements on school districts and county offices of education, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain cidden">
Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 48645.3 of the Education Code is amended to read:
48645.3.
(a) Juvenile court schools shall be conducted in a manner as shall be prescribed by the county board of education to best accomplish the provisions of Section 48645. The minimum schoolday shall be 240 minutes. Minimum schooldays shall be calculated on the basis of the average number of minutes of attendance during not more than 10 consecutive days in which classes are conducted. The minimum schoolday for pupils in attendance in approved vocational education programs, work programs prescribed by the probation department pursuant to Section 883 of the Welfare and Institutions Code, and work experience programs shall be 180 minutes, which shall be calculated on the basis of the average number of minutes of attendance during not more than 10 consecutive days in which classes are conducted. The county board of education shall adopt and enforce a course of study and evaluate its program in accordance with Sections 51040, 51041, 51050, and 51054 and the provisions of Article 3 (commencing with Section 51220) of Chapter 2 of Part 28, except subdivision (c) of Section 51220.
(b) Juvenile court schools shall not be closed on any weekday of the calendar year, except those weekdays adopted by the county board of education as school holidays or set aside by the county board of education for inservice purposes. However, the county board of education may close juvenile court schools when it deems the closing is necessary to accommodate contingencies.
(c) (1) The county board of education may adopt and enforce a course of study that enhances instruction in mathematics and English language arts for pupils attending juvenile court schools, as determined by statewide assessments or objective local evaluations and assessments as approved by the county superintendent of schools.
(2) The enhanced course of study adopted pursuant to paragraph (1) shall meet the standards adopted pursuant to Section 60605.8, as appropriate, and shall be tailored to meet the needs of the individual pupil to increase the pupil’s academic literacy and reading fluency.
(d) It is the intent of the Legislature that pupils in juvenile court schools have a rigorous curriculum that includes a course of study preparing them for high school graduation and career entry and fulfilling the requirements for admission to the University of California and the California State University.
SEC. 2.
Section 48645.5 of the Education Code is amended to read:
48645.5.
(a) Each public school district and county office of education shall accept for credit full or partial coursework satisfactorily completed by a pupil while attending a public school, juvenile court school, or nonpublic, nonsectarian school or agency. The coursework shall be transferred by means of the standard state transcript. If a pupil completes the graduation requirements of his or her school district of residence while being detained, the school district of residence shall issue to the pupil a diploma from the school the pupil last attended before detention or, in the alternative, the county superintendent of schools may issue the diploma.
(b) A pupil shall not be denied enrollment or readmission to a public school solely on the basis that he or she has had contact with the juvenile justice system, including, but not limited to:
(1) Arrest.
(2) Adjudication by a juvenile court.
(3) Formal or informal supervision by a probation officer.
(4) Detention for any length of time in a juvenile facility or enrollment in a juvenile court school.
(c) Pursuant to subparagraph (B) of paragraph (8) of subdivision (f) of Section 48853.5, a pupil who has had contact with the juvenile justice system shall be immediately enrolled in a public school.
(d) If a pupil completes the statewide coursework requirements for graduation specified in Section 51225.3 while attending a juvenile court school, the county office of education shall issue to the pupil a diploma of graduation and shall not require the pupil to complete coursework or other requirements that are in addition to the statewide coursework requirements.
SEC. 3.
Section 51225.1 of the Education Code is amended to read:
51225.1.
(a) Notwithstanding any other law, a school district shall exempt a pupil in foster care, as defined in Section 51225.2, a pupil who is a homeless child or youth, as defined in Section 11434a(2) of Title 42 of the United States Code, or a former juvenile court school pupil, as defined in Section 51225.2, who transfers between schools any time after the completion of the pupil’s second year of high school from all coursework and other requirements adopted by the governing board of the school district that are in addition to the statewide coursework requirements specified in Section 51225.3, unless the school district makes a finding that the pupil is reasonably able to complete the school district’s graduation requirements in time to graduate from high school by the end of the pupil’s fourth year of high school.
(b) If the school district determines that the pupil in foster care, the pupil who is a homeless child or youth, or the former juvenile court school pupil is reasonably able to complete the school district’s graduation requirements within the pupil’s fifth year of high school, the school district shall do all of the following:
(1) Inform the pupil of his or her option to remain in school for a fifth year to complete the school district’s graduation requirements.
(2) Inform the pupil, and the person holding the right to make educational decisions for the pupil, about how remaining in school for a fifth year to complete the school district’s graduation requirements will affect the pupil’s ability to gain admission to a postsecondary educational institution.
(3) Provide information to the pupil about transfer opportunities available through the California Community Colleges.
(4) Permit the pupil to stay in school for a fifth year to complete the school district’s graduation requirements upon agreement with the pupil, if the pupil is 18 years of age or older, or, if the pupil is under 18 years of age, upon agreement with the person holding the right to make educational decisions for the pupil.
(c) To determine whether a pupil in foster care, a pupil who is a homeless child or youth, or a former juvenile court school pupil is in the third or fourth year of high school, either the number of credits the pupil has earned to the date of transfer or the length of the pupil’s school enrollment may be used, whichever will qualify the pupil for the exemption.
(d) (1) (A) Within 30 calendar days of the date that a pupil in foster care who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the school district shall notify the pupil, the person holding the right to make educational decisions for the pupil, and the pupil’s social worker or probation officer of the availability of the exemption and whether the pupil qualifies for an exemption.
(B) If the school district fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the termination of the court’s jurisdiction over the pupil, if the pupil otherwise qualifies for the exemption pursuant to this section.
(2) (A) Within 30 calendar days of the date that a pupil who is a homeless child or youth may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the school district shall notify the pupil, the person holding the right to make educational decisions for the pupil, and the local educational agency liaison for homeless children and youth designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code, of the availability of the exemption and whether the pupil qualifies for an exemption.
(B) If the school district fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the pupil is no longer a homeless child or youth, if the pupil otherwise qualifies for the exemption pursuant to this section.
(3) (A) Within 30 calendar days of the date that a former juvenile court school pupil may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the school district shall notify the pupil, the person holding the right to make educational decisions for the pupil, and the pupil’s social worker or probation officer of the availability of the exemption and whether the pupil qualifies for an exemption.
(B) If the school district fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after termination of the court’s jurisdiction over the pupil, if the pupil otherwise qualifies for the exemption pursuant to this section.
(e) If a pupil in foster care, a pupil who is a homeless child or youth, or a former juvenile court school pupil is exempted from local graduation requirements pursuant to this section and completes the statewide coursework requirements specified in Section 51225.3 before the end of his or her fourth year of high school and that pupil would otherwise be entitled to remain in attendance at the school, a school or school district shall not require or request that the pupil graduate before the end of his or her fourth year of high school.
(f) If a pupil in foster care, a pupil who is a homeless child or youth, or a former juvenile court school pupil is exempted from local graduation requirements pursuant to this section, the school district shall notify the pupil and the person holding the right to make educational decisions for the pupil how any of the requirements that are waived will affect the pupil’s ability to gain admission to a postsecondary educational institution and shall provide information about transfer opportunities available through the California Community Colleges.
(g) A pupil in foster care, a pupil who is a homeless child or youth, or a former juvenile court school pupil who is eligible for the exemption from local graduation requirements pursuant to this section and would otherwise be entitled to remain in attendance at the school shall not be required to accept the exemption or be denied enrollment in, or the ability to complete, courses for which he or she is otherwise eligible, including courses necessary to attend an institution of higher education, regardless of whether those courses are required for statewide graduation requirements.
(h) If a pupil in foster care, a pupil who is a homeless child or youth, or a former juvenile court school pupil is not exempted from local graduation requirements or has previously declined the exemption pursuant to this section, a school district shall exempt the pupil at any time if an exemption is requested by the pupil and the pupil qualifies for the exemption.
(i) If a pupil in foster care, a pupil who is a homeless child or youth, or a former juvenile court school pupil is exempted from local graduation requirements pursuant to this section, a school district shall not revoke the exemption.
(j) (1) If a pupil in foster care is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the termination of the court’s jurisdiction over the pupil while he or she is enrolled in school or if the pupil transfers to another school or school district.
(2) If a pupil who is a homeless child or youth is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the pupil is no longer a homeless child or youth while he or she is enrolled in school or if the pupil transfers to another school or school district.
(3) If a former juvenile court school pupil is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the termination of the court’s jurisdiction over the pupil while he or she is enrolled in school or if the pupil transfers to another school or school district.
(k) A school district shall not require or request a pupil in foster care, a pupil who is a homeless child or youth, or a former juvenile court school pupil to transfer schools in order to qualify the pupil for an exemption pursuant to this section.
(l) (1) A pupil in foster care, the person holding the right to make educational decisions for the pupil, the pupil’s social worker, or the pupil’s probation officer shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section.
(2) A pupil who is a homeless child or youth, the person holding the right to make educational decisions for the pupil, or the local educational agency liaison for homeless children and youth designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code, shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section.
(3) A former juvenile court school pupil, the person holding the right to make educational decisions for the pupil, the pupil’s social worker, or the pupil’s probation officer shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section.
(m) (1) A complaint of noncompliance with the requirements of this section may be filed with the local educational agency under the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations.
(2) A complainant not satisfied with the decision of a local educational agency may appeal the decision to the department pursuant to Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations and shall receive a written decision regarding the appeal within 60 days of the department’s receipt of the appeal.
(3) If a local educational agency finds merit in a complaint, or the Superintendent finds merit in an appeal, the local educational agency shall provide a remedy to the affected pupil.
(4) Information regarding the requirements of this section shall be included in the annual notification distributed to, among others, pupils, parents or guardians of pupils, employees, and other interested parties pursuant to Section 4622 of Title 5 of the California Code of Regulations.
SEC. 4.
Section 51225.2 of the Education Code is amended to read:
51225.2.
(a) For purposes of this section, the following definitions apply:
(1) “Pupil in foster care” means a child who has been removed from his or her home pursuant to Section 309 of the Welfare and Institutions Code, is the subject of a petition filed under Section 300 or 602 of the Welfare and Institutions Code, or has been removed from his or her home and is the subject of a petition filed under Section 300 or 602 of the Welfare and Institutions Code.
(2) “Pupil who is a homeless child or youth” means a pupil who meets the definition of “homeless child or youth” in Section 11434a(2) of Title 42 of the United States Code.
(3) “Former juvenile court school pupil” means a pupil who, upon completion of the pupil’s second year of high school, transfers to a school district, excluding a school district operated by the Division of Juvenile Justice of the Department of Corrections and Rehabilitation, from a juvenile court school.
(b) Notwithstanding any other law, a school district and county office of education shall accept coursework satisfactorily completed by a pupil in foster care, a pupil who is a homeless child or youth, or a former juvenile court school pupil while attending another public school, a juvenile court school, or a nonpublic, nonsectarian school or agency even if the pupil did not complete the entire course and shall issue that pupil full or partial credit for the coursework completed.
(c) The credits accepted pursuant to subdivision (b) shall be applied to the same or equivalent course, if applicable, as the coursework completed in the prior public school, juvenile court school, or nonpublic, nonsectarian school or agency.
(d) A school district or county office of education shall not require a pupil in foster care, a pupil who is a homeless child or youth, or a former juvenile court school pupil to retake a course if the pupil has satisfactorily completed the entire course in a public school, a juvenile court school, or a nonpublic, nonsectarian school or agency. If the pupil did not complete the entire course, the school district or county office of education shall not require the pupil to retake the portion of the course the pupil completed unless the school district or county office of education, in consultation with the holder of educational rights for the pupil, finds that the pupil is reasonably able to complete the requirements in time to graduate from high school. When partial credit is awarded in a particular course, the pupil in foster care, the pupil who is a homeless child or youth, or the former juvenile court school pupil shall be enrolled in the same or equivalent course, if applicable, so that the pupil may continue and complete the entire course.
(e) A pupil in foster care, a pupil who is a homeless child or youth, or a former juvenile court school pupil shall not be prevented from retaking or taking a course to meet the eligibility requirements for admission to the California State University or the University of California.
(f) (1) A complaint of noncompliance with the requirements of this section may be filed with the local educational agency under the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations.
(2) A complainant not satisfied with the decision of a local educational agency may appeal the decision to the department pursuant to Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations and shall receive a written decision regarding the appeal within 60 days of the department’s receipt of the appeal.
(3) If a local educational agency finds merit in a complaint, or the Superintendent finds merit in an appeal, the local educational agency shall provide a remedy to the affected pupil.
(4) Information regarding the requirements of this section shall be included in the annual notification distributed to, among others, pupils, parents or guardians of pupils, employees, and other interested parties pursuant to Section 4622 of Title 5 of the California Code of Regulations.
SEC. 5.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
Section 48645.3 of the Education Code is amended to read:
48645.3.
(a) Juvenile court schools shall be conducted in a manner as shall be prescribed by the county board of education to best accomplish the provisions of Section 48645. The minimum schoolday shall be 240 minutes. Minimum schooldays shall be calculated on the basis of the average number of minutes of attendance during not more than 10 consecutive days in which classes are conducted. The minimum schoolday for pupils in attendance in approved vocational education programs, work programs prescribed by the probation department pursuant to Section 883 of the Welfare and Institutions Code, and work experience programs shall be 180 minutes, which shall be calculated on the basis of the average number of minutes of attendance during not more than 10 consecutive days in which classes are conducted. The county board of education shall adopt and enforce a course of study and evaluate its program in accordance with Sections 51040, 51041, 51050, and 51054 and the provisions of Article 3 (commencing with Section 51220) of Chapter 2 of Part 28, except subdivision (c) of Section 51220.
(b) Juvenile court schools shall not be closed on any weekday of the calendar year, except those weekdays adopted by the county board of education as school holidays or set aside by the county board of education for inservice purposes. However, the county board of education may close juvenile court schools when it deems the closing is necessary to accommodate contingencies.
(c) (1) The county board of education may adopt and enforce a course of study that enhances instruction in mathematics and English language arts for pupils attending juvenile court schools, as determined by statewide assessments or objective local evaluations and assessments as approved by the county superintendent of schools.
(2) The enhanced course of study adopted pursuant to paragraph (1) shall meet the standards adopted pursuant to Section 60605.8, as appropriate, and shall be tailored to meet the needs of the individual pupil to increase the pupil’s academic literacy and reading fluency.
(d) It is the intent of the Legislature that pupils in juvenile court schools have a rigorous curriculum that includes a course of study preparing them for high school graduation and career entry and fulfilling the requirements for admission to the University of California and the California State University.
SEC. 2.
Section 48645.5 of the Education Code is amended to read:
48645.5.
(a) Each public school district and county office of education shall accept for credit full or partial coursework satisfactorily completed by a pupil while attending a public school, juvenile court school, or nonpublic, nonsectarian school or agency. The coursework shall be transferred by means of the standard state transcript. If a pupil completes the graduation requirements of his or her school district of residence while being detained, the school district of residence shall issue to the pupil a diploma from the school the pupil last attended before detention or, in the alternative, the county superintendent of schools may issue the diploma.
(b) A pupil shall not be denied enrollment or readmission to a public school solely on the basis that he or she has had contact with the juvenile justice system, including, but not limited to:
(1) Arrest.
(2) Adjudication by a juvenile court.
(3) Formal or informal supervision by a probation officer.
(4) Detention for any length of time in a juvenile facility or enrollment in a juvenile court school.
(c) Pursuant to subparagraph (B) of paragraph (8) of subdivision (f) of Section 48853.5, a pupil who has had contact with the juvenile justice system shall be immediately enrolled in a public school.
(d) If a pupil completes the statewide coursework requirements for graduation specified in Section 51225.3 while attending a juvenile court school, the county office of education shall issue to the pupil a diploma of graduation and shall not require the pupil to complete coursework or other requirements that are in addition to the statewide coursework requirements.
SEC. 3.
Section 51225.1 of the Education Code is amended to read:
51225.1.
(a) Notwithstanding any other law, a school district shall exempt a pupil in foster care, as defined in Section 51225.2, a pupil who is a homeless child or youth, as defined in Section 11434a(2) of Title 42 of the United States Code, or a former juvenile court school pupil, as defined in Section 51225.2, who transfers between schools any time after the completion of the pupil’s second year of high school from all coursework and other requirements adopted by the governing board of the school district that are in addition to the statewide coursework requirements specified in Section 51225.3, unless the school district makes a finding that the pupil is reasonably able to complete the school district’s graduation requirements in time to graduate from high school by the end of the pupil’s fourth year of high school.
(b) If the school district determines that the pupil in foster care, the pupil who is a homeless child or youth, or the former juvenile court school pupil is reasonably able to complete the school district’s graduation requirements within the pupil’s fifth year of high school, the school district shall do all of the following:
(1) Inform the pupil of his or her option to remain in school for a fifth year to complete the school district’s graduation requirements.
(2) Inform the pupil, and the person holding the right to make educational decisions for the pupil, about how remaining in school for a fifth year to complete the school district’s graduation requirements will affect the pupil’s ability to gain admission to a postsecondary educational institution.
(3) Provide information to the pupil about transfer opportunities available through the California Community Colleges.
(4) Permit the pupil to stay in school for a fifth year to complete the school district’s graduation requirements upon agreement with the pupil, if the pupil is 18 years of age or older, or, if the pupil is under 18 years of age, upon agreement with the person holding the right to make educational decisions for the pupil.
(c) To determine whether a pupil in foster care, a pupil who is a homeless child or youth, or a former juvenile court school pupil is in the third or fourth year of high school, either the number of credits the pupil has earned to the date of transfer or the length of the pupil’s school enrollment may be used, whichever will qualify the pupil for the exemption.
(d) (1) (A) Within 30 calendar days of the date that a pupil in foster care who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the school district shall notify the pupil, the person holding the right to make educational decisions for the pupil, and the pupil’s social worker or probation officer of the availability of the exemption and whether the pupil qualifies for an exemption.
(B) If the school district fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the termination of the court’s jurisdiction over the pupil, if the pupil otherwise qualifies for the exemption pursuant to this section.
(2) (A) Within 30 calendar days of the date that a pupil who is a homeless child or youth may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the school district shall notify the pupil, the person holding the right to make educational decisions for the pupil, and the local educational agency liaison for homeless children and youth designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code, of the availability of the exemption and whether the pupil qualifies for an exemption.
(B) If the school district fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the pupil is no longer a homeless child or youth, if the pupil otherwise qualifies for the exemption pursuant to this section.
(3) (A) Within 30 calendar days of the date that a former juvenile court school pupil may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the school district shall notify the pupil, the person holding the right to make educational decisions for the pupil, and the pupil’s social worker or probation officer of the availability of the exemption and whether the pupil qualifies for an exemption.
(B) If the school district fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after termination of the court’s jurisdiction over the pupil, if the pupil otherwise qualifies for the exemption pursuant to this section.
(e) If a pupil in foster care, a pupil who is a homeless child or youth, or a former juvenile court school pupil is exempted from local graduation requirements pursuant to this section and completes the statewide coursework requirements specified in Section 51225.3 before the end of his or her fourth year of high school and that pupil would otherwise be entitled to remain in attendance at the school, a school or school district shall not require or request that the pupil graduate before the end of his or her fourth year of high school.
(f) If a pupil in foster care, a pupil who is a homeless child or youth, or a former juvenile court school pupil is exempted from local graduation requirements pursuant to this section, the school district shall notify the pupil and the person holding the right to make educational decisions for the pupil how any of the requirements that are waived will affect the pupil’s ability to gain admission to a postsecondary educational institution and shall provide information about transfer opportunities available through the California Community Colleges.
(g) A pupil in foster care, a pupil who is a homeless child or youth, or a former juvenile court school pupil who is eligible for the exemption from local graduation requirements pursuant to this section and would otherwise be entitled to remain in attendance at the school shall not be required to accept the exemption or be denied enrollment in, or the ability to complete, courses for which he or she is otherwise eligible, including courses necessary to attend an institution of higher education, regardless of whether those courses are required for statewide graduation requirements.
(h) If a pupil in foster care, a pupil who is a homeless child or youth, or a former juvenile court school pupil is not exempted from local graduation requirements or has previously declined the exemption pursuant to this section, a school district shall exempt the pupil at any time if an exemption is requested by the pupil and the pupil qualifies for the exemption.
(i) If a pupil in foster care, a pupil who is a homeless child or youth, or a former juvenile court school pupil is exempted from local graduation requirements pursuant to this section, a school district shall not revoke the exemption.
(j) (1) If a pupil in foster care is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the termination of the court’s jurisdiction over the pupil while he or she is enrolled in school or if the pupil transfers to another school or school district.
(2) If a pupil who is a homeless child or youth is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the pupil is no longer a homeless child or youth while he or she is enrolled in school or if the pupil transfers to another school or school district.
(3) If a former juvenile court school pupil is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the termination of the court’s jurisdiction over the pupil while he or she is enrolled in school or if the pupil transfers to another school or school district.
(k) A school district shall not require or request a pupil in foster care, a pupil who is a homeless child or youth, or a former juvenile court school pupil to transfer schools in order to qualify the pupil for an exemption pursuant to this section.
(l) (1) A pupil in foster care, the person holding the right to make educational decisions for the pupil, the pupil’s social worker, or the pupil’s probation officer shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section.
(2) A pupil who is a homeless child or youth, the person holding the right to make educational decisions for the pupil, or the local educational agency liaison for homeless children and youth designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code, shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section.
(3) A former juvenile court school pupil, the person holding the right to make educational decisions for the pupil, the pupil’s social worker, or the pupil’s probation officer shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section.
(m) (1) A complaint of noncompliance with the requirements of this section may be filed with the local educational agency under the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations.
(2) A complainant not satisfied with the decision of a local educational agency may appeal the decision to the department pursuant to Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations and shall receive a written decision regarding the appeal within 60 days of the department’s receipt of the appeal.
(3) If a local educational agency finds merit in a complaint, or the Superintendent finds merit in an appeal, the local educational agency shall provide a remedy to the affected pupil.
(4) Information regarding the requirements of this section shall be included in the annual notification distributed to, among others, pupils, parents or guardians of pupils, employees, and other interested parties pursuant to Section 4622 of Title 5 of the California Code of Regulations.
SEC. 4.
Section 51225.2 of the Education Code is amended to read:
51225.2.
(a) For purposes of this section, the following definitions apply:
(1) “Pupil in foster care” means a child who has been removed from his or her home pursuant to Section 309 of the Welfare and Institutions Code, is the subject of a petition filed under Section 300 or 602 of the Welfare and Institutions Code, or has been removed from his or her home and is the subject of a petition filed under Section 300 or 602 of the Welfare and Institutions Code.
(2) “Pupil who is a homeless child or youth” means a pupil who meets the definition of “homeless child or youth” in Section 11434a(2) of Title 42 of the United States Code.
(3) “Former juvenile court school pupil” means a pupil who, upon completion of the pupil’s second year of high school, transfers to a school district, excluding a school district operated by the Division of Juvenile Justice of the Department of Corrections and Rehabilitation, from a juvenile court school.
(b) Notwithstanding any other law, a school district and county office of education shall accept coursework satisfactorily completed by a pupil in foster care, a pupil who is a homeless child or youth, or a former juvenile court school pupil while attending another public school, a juvenile court school, or a nonpublic, nonsectarian school or agency even if the pupil did not complete the entire course and shall issue that pupil full or partial credit for the coursework completed.
(c) The credits accepted pursuant to subdivision (b) shall be applied to the same or equivalent course, if applicable, as the coursework completed in the prior public school, juvenile court school, or nonpublic, nonsectarian school or agency.
(d) A school district or county office of education shall not require a pupil in foster care, a pupil who is a homeless child or youth, or a former juvenile court school pupil to retake a course if the pupil has satisfactorily completed the entire course in a public school, a juvenile court school, or a nonpublic, nonsectarian school or agency. If the pupil did not complete the entire course, the school district or county office of education shall not require the pupil to retake the portion of the course the pupil completed unless the school district or county office of education, in consultation with the holder of educational rights for the pupil, finds that the pupil is reasonably able to complete the requirements in time to graduate from high school. When partial credit is awarded in a particular course, the pupil in foster care, the pupil who is a homeless child or youth, or the former juvenile court school pupil shall be enrolled in the same or equivalent course, if applicable, so that the pupil may continue and complete the entire course.
(e) A pupil in foster care, a pupil who is a homeless child or youth, or a former juvenile court school pupil shall not be prevented from retaking or taking a course to meet the eligibility requirements for admission to the California State University or the University of California.
(f) (1) A complaint of noncompliance with the requirements of this section may be filed with the local educational agency under the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations.
(2) A complainant not satisfied with the decision of a local educational agency may appeal the decision to the department pursuant to Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations and shall receive a written decision regarding the appeal within 60 days of the department’s receipt of the appeal.
(3) If a local educational agency finds merit in a complaint, or the Superintendent finds merit in an appeal, the local educational agency shall provide a remedy to the affected pupil.
(4) Information regarding the requirements of this section shall be included in the annual notification distributed to, among others, pupils, parents or guardians of pupils, employees, and other interested parties pursuant to Section 4622 of Title 5 of the California Code of Regulations.
SEC. 5.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
### Summary:
This bill would amend Sections 48645.3, 48645.5, and 51225.1 |
The people of the State of California do enact as follows:
SECTION 1.
Section 36 of the Code of Civil Procedure is amended to read:
36.
(a) A party to a civil action who is over 70 years of age may petition the court for a preference, which the court shall grant if the court makes both of the following findings:
(1) The party has a substantial interest in the action as a whole.
(2) The health of the party is such that a preference is necessary to prevent prejudicing the party’s interest in the litigation.
(b) A civil action to recover damages for wrongful death or personal injury shall be entitled to preference upon the motion of any party to the action who is under 14 years of age unless the court finds that the party does not have a substantial interest in the case as a whole. A civil action subject to subdivision (a) shall be given preference over a case subject to this subdivision.
(c) Unless the court otherwise orders:
(1) A party may file and serve a motion for preference supported by a declaration of the moving party that all essential parties have been served with process or have appeared.
(2) At any time during the pendency of the action, a party who reaches 70 years of age may file and serve a motion for preference.
(d) In its discretion, the court may also grant a motion for preference that is accompanied by clear and convincing medical documentation that concludes that one of the parties suffers from an illness or condition raising substantial medical doubt of survival of that party beyond six months, and that satisfies the court that the interests of justice will be served by granting the preference.
(e) Notwithstanding any other
provision of
law, the court may in its discretion grant a motion for preference that is supported by a showing that satisfies the court that the interests of justice will be served by granting this preference.
(f) Upon the granting of such a motion for preference, the court shall set the matter for trial not more than 120 days from that date and there shall be no continuance beyond 120 days from the granting of the motion for preference except for physical disability of a party or a party’s attorney, or upon a showing of good cause stated in the record. Any continuance shall be for no more than 15 days and no more than one continuance for physical disability may be granted to any party.
(g) Upon the granting of a motion for preference pursuant to subdivision (b), a party in an action based upon a health provider’s alleged professional negligence, as defined in Section 364, shall receive a trial date not sooner than six months and not later than nine months from the date that the motion is granted.
(h) In an asbestos tort action, as defined in Section 821, a plaintiff bringing a motion for preference shall submit a sworn affidavit in support stating each of the following:
(1) That he or she has complied with the disclosure requirements of subdivision (a) of Section 822.
(2) That he or she has made a good faith effort to determine if there are any asbestos trusts against which he or she has a basis to make a claim and, if there are, that he or she has made claims with all of those asbestos trusts.
(i) A plaintiff in an asbestos tort action, as defined in Section 821, shall not be entitled to a trial preference pursuant to this section if the plaintiff is subject to an order issued pursuant to Section 825.
SEC. 2.
Chapter 6 (commencing with Section 820) is added to Title 10 of Part 2 of the Code of Civil Procedure, to read:
CHAPTER 6. Actions Relating to Asbestos Tort Claims
820.
This chapter shall be known, and may be cited, as the Asbestos Tort Claim Trust Transparency Act.
821.
The following terms are defined as follows:
(a) “Asbestos tort action” means any action involving an asbestos tort claim.
(b) “Asbestos tort claim” means a claim for damages, loss, indemnification, contribution, restitution, or other relief, including punitive damages, related to personal injury or death of a person for whom an asbestos trust may be responsible, including, without limitation, lost earnings or earning capacity, medical expenses, medical monitoring, loss of consortium, loss of the ability to provide household services, loss of love, companionship, comfort, care, assistance, protection, affection, society, moral support, training and guidance, mental or emotional distress, or any other harm for which an asbestos trust claim may be asserted under law.
(c) “Asbestos trust” means a trust entity, qualified settlement fund, or claims processing facility established or in the process of being established pursuant to an administrative or legal action or a United States Bankruptcy court pursuant to Section 524(g) of Title 11, or Section 40101 of Title 49, of the United States Code, or other law formed for the purpose of compensating claimants asserting eligible asbestos tort claims.
(d) “Asbestos trust claim” means any asbestos tort claim filed or that could be filed with an asbestos trust.
(e) “Asbestos trust claim documents” means all writings, as defined by Section 250 of the Evidence Code, and information relevant to a pending or potential claim against an asbestos trust, including all proof of claim forms and all supplementary or supporting materials submitted to, or required by, an asbestos trust for an asbestos trust claim to be evaluated for compensation, including, without limitation, affidavits, declarations, interrogatory responses, deposition and trial testimony, economic loss documentation, medical records, death certificate and certificate of official capacity, claims payment matrices, trust distribution procedures, or asbestos trust plans for reorganization.
822.
(a) (1) The plaintiff in an asbestos tort claim shall serve on all parties each of the following:
(A) A sworn statement, under penalty of perjury, identifying each asbestos trust claim that the plaintiff has filed or has basis to file against an asbestos trust and, for each such asbestos trust claim, whether there has been a request to defer, delay, suspend, or toll the claim.
(B) All asbestos trust claim documents that the plaintiff has submitted to an asbestos trust.
(C) All documents relating to communications between, or on behalf of, the plaintiff and an asbestos trust.
(2) The documents described in paragraph (1) shall be served not later than 90 days after the filing of the complaint in an asbestos tort action, except under the following circumstances in which case the documents shall be served in the lesser time:
(A) Within 30 days, in an asbestos tort action in which the plaintiff is awarded a preferential trial date pursuant to Section 36.
(B) On or before March 1, 2017, with respect to an asbestos tort action that is currently pending on or before January 1, 2017.
(b) The plaintiff shall supplement the information and materials served pursuant to subdivision (a) within 30 days of filing any additional asbestos trust claims, supplementing an existing asbestos trust claim, or receiving additional information or materials related to any asbestos trust claim and, to the extent not earlier supplemented, within seven days of trial.
(c) This section shall not prevent the court from requiring disclosures for an asbestos trust claim that are in addition to those required by this section.
823.
(a) A defendant in an asbestos tort action may seek discovery of relevant materials from an asbestos trust identified by the plaintiff pursuant to Section 822 that concern the plaintiff. The plaintiff may not claim privilege or confidentiality to bar discovery under this section and shall provide consent or other authorization as may be required by an asbestos trust to facilitate the release of relevant asbestos trust claim documents sought by the defendant.
(b) Asbestos trust claim documents shall be admissible as evidence in an asbestos tort action, including, without limitation, to prove alternative causation for a plaintiff’s injury or to prove that responsibility for a plaintiff’s injury should be apportioned. Claims of privilege do not apply to asbestos trust claim documents.
824.
If a defendant identifies an asbestos trust that plaintiff failed to disclose as required by Section 822 as to which the defendant believes a plaintiff has a viable claim, the defendant may file a motion for an order for any of the following:
(a) To require the plaintiff to file a claim against the improperly withheld asbestos trust.
(b) To stay the action or vacate the trial date until the plaintiff files a claim against the improperly withheld asbestos trust.
(c) Any other relief that the court deems appropriate in its discretion for good cause shown.
825.
The court may stay an asbestos tort action, decline to assign an initial trial date, deny a motion for preference under Section 36, vacate or continue the trial date in asbestos tort action, or impose any other remedies in its discretion in any of the following circumstances:
(a) Identification by a plaintiff of an asbestos trust pursuant to Section 822 for which the plaintiff has a basis to file but has not yet filed an asbestos trust claim.
(b) Failure of a plaintiff to serve the disclosures required pursuant to Section 822.
(c) Upon the granting of a defendant’s motion pursuant to Section 824.
826.
In an asbestos tort action in which damages are awarded, the claims against the other defendants shall be reduced, pursuant to Section 877, by the amount paid to a plaintiff by any other asbestos trust or, if not yet paid as of the date of entry of judgment, by the valuation amount of such asbestos trust claim as specified in the asbestos trust claim documents, whichever is greater.
827.
In an asbestos tort action, a court may retain jurisdiction over the action even after the action is resolved for purposes of hearing motions or enforcing appropriate remedies relating to any issues raised under this chapter, including, without limitation, willful concealment or intentional delay in the filing of an asbestos trust claim.
SEC. 3.
Section 877 of the Code of Civil Procedure is amended to read:
877.
Where a release, dismissal with or without prejudice, or a covenant not to sue or not to enforce judgment is given in good faith before verdict or judgment to one or more of a number of tortfeasors claimed to be liable for the same tort, or to one or more other co-obligors mutually subject to contribution rights, it shall have the following effect:
(a)
(1)
It shall not discharge any other such party from liability unless its terms so provide, but it shall reduce the claims against the others in the amount stipulated by the release, the
dismissal
dismissal,
or the covenant, or in the amount of the consideration paid for it, whichever is the greater.
(2) This subdivision shall also apply to moneys received by or on behalf of a claimant from an asbestos trust, as defined by Section 821, whether the moneys are received before or after a verdict or judgment.
(b) It shall discharge the party to whom it is given from all liability for any contribution to any other parties.
(c) This section shall not apply to co-obligors who have expressly agreed in writing to an apportionment of liability for losses or claims among themselves.
(d) This section shall not apply to a release, dismissal with or without prejudice, or a covenant not to sue or not to enforce judgment given to a co-obligor on an alleged contract debt
where
if
the contract was made
prior to
before
January 1, 1988.
SEC. 4.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. | Existing law provides generally for procedures governing civil actions. Existing law imposes additional procedures that apply with respect to limited types of civil actions.
This bill would enact the Asbestos Tort Claim Trust Transparency Act, which would establish additional procedures with respect to civil actions pertaining to asbestos tort claims, as defined. The bill would, among other things, require, that a plaintiff disclose specified information with respect to any asbestos trusts, as defined, against which the plaintiff has or could pursue a claim, and would entitle a defendant to discover relevant information pertaining to the plaintiff held by other asbestos trusts and to pursue various motions.
This bill would require a plaintiff to serve certain statements made under penalty of perjury. By expanding the scope of an existing crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
Section 36 of the Code of Civil Procedure is amended to read:
36.
(a) A party to a civil action who is over 70 years of age may petition the court for a preference, which the court shall grant if the court makes both of the following findings:
(1) The party has a substantial interest in the action as a whole.
(2) The health of the party is such that a preference is necessary to prevent prejudicing the party’s interest in the litigation.
(b) A civil action to recover damages for wrongful death or personal injury shall be entitled to preference upon the motion of any party to the action who is under 14 years of age unless the court finds that the party does not have a substantial interest in the case as a whole. A civil action subject to subdivision (a) shall be given preference over a case subject to this subdivision.
(c) Unless the court otherwise orders:
(1) A party may file and serve a motion for preference supported by a declaration of the moving party that all essential parties have been served with process or have appeared.
(2) At any time during the pendency of the action, a party who reaches 70 years of age may file and serve a motion for preference.
(d) In its discretion, the court may also grant a motion for preference that is accompanied by clear and convincing medical documentation that concludes that one of the parties suffers from an illness or condition raising substantial medical doubt of survival of that party beyond six months, and that satisfies the court that the interests of justice will be served by granting the preference.
(e) Notwithstanding any other
provision of
law, the court may in its discretion grant a motion for preference that is supported by a showing that satisfies the court that the interests of justice will be served by granting this preference.
(f) Upon the granting of such a motion for preference, the court shall set the matter for trial not more than 120 days from that date and there shall be no continuance beyond 120 days from the granting of the motion for preference except for physical disability of a party or a party’s attorney, or upon a showing of good cause stated in the record. Any continuance shall be for no more than 15 days and no more than one continuance for physical disability may be granted to any party.
(g) Upon the granting of a motion for preference pursuant to subdivision (b), a party in an action based upon a health provider’s alleged professional negligence, as defined in Section 364, shall receive a trial date not sooner than six months and not later than nine months from the date that the motion is granted.
(h) In an asbestos tort action, as defined in Section 821, a plaintiff bringing a motion for preference shall submit a sworn affidavit in support stating each of the following:
(1) That he or she has complied with the disclosure requirements of subdivision (a) of Section 822.
(2) That he or she has made a good faith effort to determine if there are any asbestos trusts against which he or she has a basis to make a claim and, if there are, that he or she has made claims with all of those asbestos trusts.
(i) A plaintiff in an asbestos tort action, as defined in Section 821, shall not be entitled to a trial preference pursuant to this section if the plaintiff is subject to an order issued pursuant to Section 825.
SEC. 2.
Chapter 6 (commencing with Section 820) is added to Title 10 of Part 2 of the Code of Civil Procedure, to read:
CHAPTER 6. Actions Relating to Asbestos Tort Claims
820.
This chapter shall be known, and may be cited, as the Asbestos Tort Claim Trust Transparency Act.
821.
The following terms are defined as follows:
(a) “Asbestos tort action” means any action involving an asbestos tort claim.
(b) “Asbestos tort claim” means a claim for damages, loss, indemnification, contribution, restitution, or other relief, including punitive damages, related to personal injury or death of a person for whom an asbestos trust may be responsible, including, without limitation, lost earnings or earning capacity, medical expenses, medical monitoring, loss of consortium, loss of the ability to provide household services, loss of love, companionship, comfort, care, assistance, protection, affection, society, moral support, training and guidance, mental or emotional distress, or any other harm for which an asbestos trust claim may be asserted under law.
(c) “Asbestos trust” means a trust entity, qualified settlement fund, or claims processing facility established or in the process of being established pursuant to an administrative or legal action or a United States Bankruptcy court pursuant to Section 524(g) of Title 11, or Section 40101 of Title 49, of the United States Code, or other law formed for the purpose of compensating claimants asserting eligible asbestos tort claims.
(d) “Asbestos trust claim” means any asbestos tort claim filed or that could be filed with an asbestos trust.
(e) “Asbestos trust claim documents” means all writings, as defined by Section 250 of the Evidence Code, and information relevant to a pending or potential claim against an asbestos trust, including all proof of claim forms and all supplementary or supporting materials submitted to, or required by, an asbestos trust for an asbestos trust claim to be evaluated for compensation, including, without limitation, affidavits, declarations, interrogatory responses, deposition and trial testimony, economic loss documentation, medical records, death certificate and certificate of official capacity, claims payment matrices, trust distribution procedures, or asbestos trust plans for reorganization.
822.
(a) (1) The plaintiff in an asbestos tort claim shall serve on all parties each of the following:
(A) A sworn statement, under penalty of perjury, identifying each asbestos trust claim that the plaintiff has filed or has basis to file against an asbestos trust and, for each such asbestos trust claim, whether there has been a request to defer, delay, suspend, or toll the claim.
(B) All asbestos trust claim documents that the plaintiff has submitted to an asbestos trust.
(C) All documents relating to communications between, or on behalf of, the plaintiff and an asbestos trust.
(2) The documents described in paragraph (1) shall be served not later than 90 days after the filing of the complaint in an asbestos tort action, except under the following circumstances in which case the documents shall be served in the lesser time:
(A) Within 30 days, in an asbestos tort action in which the plaintiff is awarded a preferential trial date pursuant to Section 36.
(B) On or before March 1, 2017, with respect to an asbestos tort action that is currently pending on or before January 1, 2017.
(b) The plaintiff shall supplement the information and materials served pursuant to subdivision (a) within 30 days of filing any additional asbestos trust claims, supplementing an existing asbestos trust claim, or receiving additional information or materials related to any asbestos trust claim and, to the extent not earlier supplemented, within seven days of trial.
(c) This section shall not prevent the court from requiring disclosures for an asbestos trust claim that are in addition to those required by this section.
823.
(a) A defendant in an asbestos tort action may seek discovery of relevant materials from an asbestos trust identified by the plaintiff pursuant to Section 822 that concern the plaintiff. The plaintiff may not claim privilege or confidentiality to bar discovery under this section and shall provide consent or other authorization as may be required by an asbestos trust to facilitate the release of relevant asbestos trust claim documents sought by the defendant.
(b) Asbestos trust claim documents shall be admissible as evidence in an asbestos tort action, including, without limitation, to prove alternative causation for a plaintiff’s injury or to prove that responsibility for a plaintiff’s injury should be apportioned. Claims of privilege do not apply to asbestos trust claim documents.
824.
If a defendant identifies an asbestos trust that plaintiff failed to disclose as required by Section 822 as to which the defendant believes a plaintiff has a viable claim, the defendant may file a motion for an order for any of the following:
(a) To require the plaintiff to file a claim against the improperly withheld asbestos trust.
(b) To stay the action or vacate the trial date until the plaintiff files a claim against the improperly withheld asbestos trust.
(c) Any other relief that the court deems appropriate in its discretion for good cause shown.
825.
The court may stay an asbestos tort action, decline to assign an initial trial date, deny a motion for preference under Section 36, vacate or continue the trial date in asbestos tort action, or impose any other remedies in its discretion in any of the following circumstances:
(a) Identification by a plaintiff of an asbestos trust pursuant to Section 822 for which the plaintiff has a basis to file but has not yet filed an asbestos trust claim.
(b) Failure of a plaintiff to serve the disclosures required pursuant to Section 822.
(c) Upon the granting of a defendant’s motion pursuant to Section 824.
826.
In an asbestos tort action in which damages are awarded, the claims against the other defendants shall be reduced, pursuant to Section 877, by the amount paid to a plaintiff by any other asbestos trust or, if not yet paid as of the date of entry of judgment, by the valuation amount of such asbestos trust claim as specified in the asbestos trust claim documents, whichever is greater.
827.
In an asbestos tort action, a court may retain jurisdiction over the action even after the action is resolved for purposes of hearing motions or enforcing appropriate remedies relating to any issues raised under this chapter, including, without limitation, willful concealment or intentional delay in the filing of an asbestos trust claim.
SEC. 3.
Section 877 of the Code of Civil Procedure is amended to read:
877.
Where a release, dismissal with or without prejudice, or a covenant not to sue or not to enforce judgment is given in good faith before verdict or judgment to one or more of a number of tortfeasors claimed to be liable for the same tort, or to one or more other co-obligors mutually subject to contribution rights, it shall have the following effect:
(a)
(1)
It shall not discharge any other such party from liability unless its terms so provide, but it shall reduce the claims against the others in the amount stipulated by the release, the
dismissal
dismissal,
or the covenant, or in the amount of the consideration paid for it, whichever is the greater.
(2) This subdivision shall also apply to moneys received by or on behalf of a claimant from an asbestos trust, as defined by Section 821, whether the moneys are received before or after a verdict or judgment.
(b) It shall discharge the party to whom it is given from all liability for any contribution to any other parties.
(c) This section shall not apply to co-obligors who have expressly agreed in writing to an apportionment of liability for losses or claims among themselves.
(d) This section shall not apply to a release, dismissal with or without prejudice, or a covenant not to sue or not to enforce judgment given to a co-obligor on an alleged contract debt
where
if
the contract was made
prior to
before
January 1, 1988.
SEC. 4.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
### Summary:
<bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos> |
The people of the State of California do enact as follows:
SECTION 1.
Section 17400 of the Education Code is amended to read:
17400.
(a) Any school district may enter into leases and agreements relating to real property and buildings to be used by the school district pursuant to this article.
(b) As used in this article, the following terms have the following meanings:
(1) “Best value” means a competitive procurement process whereby the selected proposer is selected on the basis of objective criteria for evaluating the qualifications of proposers with the resulting selection representing the best combination of price and qualifications.
(2) “Best value score” means the total score awarded to a proposer for all scored evaluation factors.
(3) “Building” includes each of the following:
(A) One or more buildings located or to be located on one or more sites.
(B) The remodeling of any building located on a site to be leased pursuant to this article.
(C) Onsite and offsite facilities, utilities, or improvements that the governing board of the school district determines are necessary for the proper operation or function of the school facilities to be leased.
(D) The permanent improvement of school grounds.
(4) “Preconstruction services” means advice during the design phase including, but not limited to, scheduling, pricing, and phasing to assist the school district to design a more constructible project.
(5) “Site” includes one or more sites, and also may include any building or buildings located or to be located on a site.
SEC. 2.
Section 17406 of the Education Code, as amended by Section 1 of Chapter 214 of the Statutes of 2015, is amended to read:
17406.
(a) (1) Notwithstanding Section 17417, the governing board of a school district may let, for a minimum rental of one dollar ($1) a year, to a person, firm, or corporation real property that belongs to the school district if the instrument by which this property is let requires the lessee therein to construct on the demised premises, or provide for the construction thereon of, a building or buildings for the use of the school district during the term of the lease, and provides that title to that building shall vest in the school district at the expiration of that term. The instrument may provide for the means or methods by which that title shall vest in the school district before the expiration of that term, and shall contain other terms and conditions as the governing board of the school district may deem to be in the best interest of the school district.
(2) An instrument created pursuant to paragraph (1) shall be awarded based on a competitive solicitation process to the proposer providing the best value to the school district, taking into consideration the proposer’s demonstrated competence and professional qualifications necessary for the satisfactory performance of the services required. Before awarding an instrument pursuant to this section, the governing board of the school district shall adopt and publish required procedures and guidelines for evaluating the qualifications of proposers that ensure the best value selections by the school district are conducted in a fair and impartial manner. These procedures and guidelines shall be mandatory for the school district when awarding an instrument pursuant to this section. The required procedures shall include, at a minimum, the following:
(A) The school district shall prepare a request for sealed proposals from qualified proposers. The school district shall include in the request for sealed proposals an estimate of price of the project, a clear, precise description of any preconstruction services that may be required and the facilities to be constructed, the key elements of the instrument to be awarded, a description of the format that proposals shall follow and the elements they shall contain, the standards the school district will use in evaluating proposals, the date on which proposals are due, and the timetable the school district will follow in reviewing and evaluating proposals.
(B) The school district shall give notice of the request for sealed proposals in the manner of notice provided in Section 20112 of the Public Contract Code and in a trade paper of general circulation published in the county where the project is located, with the latest notice published at least 10 days before the date for receipt of the proposals.
(C) A proposer shall be prequalified in accordance with subdivisions (b) to (m), inclusive, of Section 20111.6 of the Public Contract Code in order to submit a proposal. If used, electrical, mechanical, and plumbing subcontractors shall be subject to the same prequalification requirements for prospective bidders described in subdivisions (b) to (m), inclusive, of Section 20111.6 of the Public Contract Code, including the requirement for the completion and submission of a standardized prequalification questionnaire and financial statement that is verified under oath and is not a public record. These prequalification requirements shall be included in an instrument created pursuant to paragraph (1).
(D) The request for sealed proposals shall identify all criteria that the school district will consider in evaluating the proposals and qualifications of the proposers, including relevant experience, safety record, price proposal, and other factors specified by the school district. The price proposal shall include, at the school district’s discretion, either a lump-sum price for the instrument to be awarded or the proposer’s proposed fee to perform the services requested, including the proposer’s proposed fee to perform preconstruction services or any other work related to the facilities to be constructed, as requested by the school district. The request for proposals shall specify whether each criterion will be evaluated pass-fail or will be scored as part of the best value score, and whether proposers must achieve any minimum qualification score for award of the instrument under this section.
(E) For each scored criterion, the school district shall identify the methodology and rating or weighting system that will be used by the school district in evaluating the criterion, including the weight assigned to the criterion and any minimum acceptable score.
(F) Proposals shall be evaluated and the instrument awarded under this section in the following manner:
(i) All proposals received shall be reviewed to determine those that meet the format requirements and the standards specified in the request for sealed proposals.
(ii) The school district shall evaluate the qualifications of the proposers based solely upon the criteria and evaluation methodology set forth in the request for sealed proposals, and shall assign a best value score to each proposal. Once the evaluation is complete, all responsive proposals shall be ranked from the highest best value to the lowest best value to the school district.
(iii) The award of the instrument shall be made by the governing board of the school district to the responsive proposer whose proposal is determined, in writing by the governing board of the school district, to be the best value to the school district.
(iv) If the selected proposer refuses or fails to execute the tendered instrument, the governing board of the school district may award the instrument to the proposer with the second highest best value score if the governing board of the school district deems it to be for the best interest of the school district. If the second selected proposer refuses or fails to execute the tendered instrument, the governing board of the school district may award the instrument to the proposer with the third highest best value score if the governing board of the school district deems it to be for the best interest of the school district.
(v) Notwithstanding any other law, upon issuance of a contract award, the school district shall publicly announce its award, identifying the entity to which the award is made, along with a statement regarding the basis of the award. The statement regarding the school district’s contract award and the contract file shall provide sufficient information to satisfy an external audit.
(G) The governing board of the school district, at its discretion, may reject all proposals and request new proposals.
(3) Following the award of an instrument created pursuant to paragraph (1), and if the price proposal is not a lump sum for the instrument awarded, the successful proposer shall provide the school district with objectively verifiable information of its costs to perform the services requested under the instrument and shall select subcontractors as set forth in paragraph (4). Once any preconstruction services are completed and subcontractors are selected, and upon approval of the plans and specifications for work on the site by the Department of General Services’ Division of the State Architect, if required, the successful proposer and the school district shall finalize the price for the services to be provided under the instrument. The successful proposer shall provide the school district with written rationale for the price, and the school district shall approve or reject the final price at a public meeting before the successful proposer may proceed with any further work under the instrument. The contract file shall include documentation sufficient to support the final price determination.
(4) (A) The school district, in the request for sealed proposals, may identify specific types of subcontractors that must be included in the proposal. All subcontractors that are identified in the proposal shall be afforded the protections of the Subletting and Subcontracting Fair Practices Act (Chapter 4 (commencing with Section 4100) of Part 1 of Division 2 of the Public Contract Code).
(B) Following the award of an instrument created pursuant to paragraph (1) and for subcontractors not identified in the proposal, the successful proposer shall proceed as follows in awarding construction subcontracts with a value exceeding one-half of 1 percent of the price allocable to construction work:
(i) Provide public notice of availability of work to be subcontracted in accordance with the publication requirements applicable to the competitive bidding process of the school district, including a fixed date and time on which qualifications statements, bids, or proposals will be due.
(ii) Establish reasonable qualification criteria and standards.
(iii) Award the subcontract either on a best value basis or to the lowest responsible bidder. The process may include prequalification or short-listing. The process shall not apply to subcontractors listed in the original proposal. Subcontractors awarded construction subcontracts under this subdivision shall be afforded all the protections of the Subletting and Subcontracting Fair Practices Act (Chapter 4 (commencing with Section 4100) of Part 1 of Division 2 of the Public Contract Code).
(5) Nothing in paragraph (2) shall preclude a school district from segregating the request for proposals into a request for qualifications, followed by a request for proposals with price information from the proposers deemed most qualified by the school district, provided that the procedures specified in paragraphs (2), (3), and (4) are otherwise followed.
(b) (1) Notwithstanding Sections 17297 and 17402, for purposes of utilizing preconstruction services, a school district may enter into an instrument created pursuant to paragraph (1) of subdivision (a) before written approval by the Department of General Services’ Division of the State Architect only if the instrument provides that no work for which a contractor is required to be licensed in accordance with Article 5 (commencing with Section 7065) of Chapter 9 of Division 3 of the Business and Professions Code and for which Division of the State Architect approval is required can be performed before receipt of the required Division of the State Architect approval.
(2) Nothing in this subdivision waives the requirements of Section 17072.30 or Section 17074.16, or any other applicable requirements of Chapter 12.5 (commencing with Section 17070.10) of Part 10.
(c) A rental of property that complies with subdivision (a) as it reads on the day that the lease is entered into shall be deemed to have thereby required the payment of adequate consideration for purposes of Section 6 of Article XVI of the California Constitution.
(d) (1) This subdivision shall apply to a project for the construction, alteration, repair, or improvement of any structure, building, or other improvement of any kind that was leased through an instrument pursuant to this section before July 1, 2015. If at any time the instrument is determined to be invalid by a court of competent jurisdiction because it fails to fall within the competitive bidding exception pursuant to paragraph (1) of subdivision (a), as it read on December 31, 2016, the contractor who entered into the instrument with the school district may be paid the reasonable cost, specifically excluding profit, of the labor, equipment, materials, and services furnished by the contractor before the date of the determination that the instrument is invalid if all of the following conditions, as determined by the court, are met:
(A) The contractor proceeded with construction, alteration, repair, or improvement based upon a good faith belief that the instrument was valid.
(B) The school district has reasonably determined that the work performed is satisfactory.
(C) Contractor fraud did not occur in the obtaining or performance of the instrument.
(D) The instrument does not otherwise violate state law related to the construction or leasing of public works of improvement.
(2) In no event shall payment to the contractor pursuant to this section exceed either of the following:
(A) The contractor’s costs as included in the instrument plus the cost of any approved change orders.
(B) The lease payments made, less profit, at the point in time the instrument is determined to be invalid by a court of competent jurisdiction.
(3) Notwithstanding paragraph (1), this subdivision shall not affect any protest and legal proceedings, whether contractual, administrative, or judicial, to challenge the award of the public works contract, nor affect any rights under Section 337.1 or 337.15 of the Code of Civil Procedure.
(e) This section shall become inoperative on July 1, 2022, and, as of January 1, 2023, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2023, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 3.
Section 17406 of the Education Code, as added by Section 2 of Chapter 408 of the Statutes of 2014, is amended to read:
17406.
(a) Notwithstanding Section 17417, the governing board of a school district may let, for a minimum rental of one dollar ($1) a year, to any person, firm, or corporation any real property that belongs to the school district if the instrument by which this property is let requires the lessee to construct on the demised premises, or provide for the construction thereon of, a building or buildings for the use of the school district during the term of the lease, and provides that title to that building shall vest in the school district at the expiration of that term. The instrument may provide for the means or methods by which that title shall vest in the school district before the expiration of that term, and shall contain other terms and conditions as the governing board of the school district may deem to be in the best interest of the school district.
(b) Any rental of property that complies with subdivision (a) shall be deemed to have thereby required the payment of adequate consideration for purposes of Section 6 of Article XVI of the California Constitution.
(c) This section shall become operative on July 1, 2022. | Existing law requires the governing board of a school district to adopt a resolution that, among other things: (1) declares its intention to enter into a lease or agreement relating to school property, (2) includes specified information about the property, and (3) fixes a time for a public meeting of the governing board of the school district at which sealed proposals to enter a lease or agreement with the school district will be received from any person, firm, or corporation, and considered by the governing board of the school district, as specified.
Existing law, notwithstanding the provision described above, also authorizes the governing board of a school district, without advertising for bids, to lease real property for a minimum rental of $1 per year if the instrument by which this property is leased requires the lessee to construct, or provide for the construction of, a building to be used by the school district and provides that the title to the building shall vest in the school district at the end of the lease.
This bill would delete the language that provides that the governing board of a school district is not required to advertise for bids pursuant to this provision. The bill would require an instrument created pursuant to these provisions to be awarded based on a competitive solicitation process to the proposer providing the best value, as defined, to the school district. The bill would require the governing board of the school district to adopt and publish required procedures and guidelines for evaluating the qualifications of proposers, as provided. The bill would authorize a school district, for purposes of utilizing preconstruction services, to enter into an instrument before written approval is obtained from the Department of General Services’ Division of the State Architect (DSA) only if the instrument provides that no work for which a contractor is required to be licensed and for which DSA approval is required can be performed before receipt of the required DSA approval.
The bill would provide, for certain projects leased through an instrument before July 1, 2015, if at any time the instrument is determined to be invalid by a court of competent jurisdiction because it fails to fall within the former competitive bidding exception, that the contractor who entered into the contract with the school district may be paid the reasonable cost, specifically excluding profit, of the labor, equipment, materials, and services furnished by the contractor before the date of the determination, if certain conditions, as determined by the court, are met. The bill would authorize a school district to identify specific types of subcontractors required to be included in a proposal, and would impose specified other procedural requirements on awarding construction subcontracts of a certain value. The bill would provide that the changes made by its provisions, except the deletion of the governing board of a school district’s authority to not advertise for bids, shall become inoperative on July 1, 2022. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
Section 17400 of the Education Code is amended to read:
17400.
(a) Any school district may enter into leases and agreements relating to real property and buildings to be used by the school district pursuant to this article.
(b) As used in this article, the following terms have the following meanings:
(1) “Best value” means a competitive procurement process whereby the selected proposer is selected on the basis of objective criteria for evaluating the qualifications of proposers with the resulting selection representing the best combination of price and qualifications.
(2) “Best value score” means the total score awarded to a proposer for all scored evaluation factors.
(3) “Building” includes each of the following:
(A) One or more buildings located or to be located on one or more sites.
(B) The remodeling of any building located on a site to be leased pursuant to this article.
(C) Onsite and offsite facilities, utilities, or improvements that the governing board of the school district determines are necessary for the proper operation or function of the school facilities to be leased.
(D) The permanent improvement of school grounds.
(4) “Preconstruction services” means advice during the design phase including, but not limited to, scheduling, pricing, and phasing to assist the school district to design a more constructible project.
(5) “Site” includes one or more sites, and also may include any building or buildings located or to be located on a site.
SEC. 2.
Section 17406 of the Education Code, as amended by Section 1 of Chapter 214 of the Statutes of 2015, is amended to read:
17406.
(a) (1) Notwithstanding Section 17417, the governing board of a school district may let, for a minimum rental of one dollar ($1) a year, to a person, firm, or corporation real property that belongs to the school district if the instrument by which this property is let requires the lessee therein to construct on the demised premises, or provide for the construction thereon of, a building or buildings for the use of the school district during the term of the lease, and provides that title to that building shall vest in the school district at the expiration of that term. The instrument may provide for the means or methods by which that title shall vest in the school district before the expiration of that term, and shall contain other terms and conditions as the governing board of the school district may deem to be in the best interest of the school district.
(2) An instrument created pursuant to paragraph (1) shall be awarded based on a competitive solicitation process to the proposer providing the best value to the school district, taking into consideration the proposer’s demonstrated competence and professional qualifications necessary for the satisfactory performance of the services required. Before awarding an instrument pursuant to this section, the governing board of the school district shall adopt and publish required procedures and guidelines for evaluating the qualifications of proposers that ensure the best value selections by the school district are conducted in a fair and impartial manner. These procedures and guidelines shall be mandatory for the school district when awarding an instrument pursuant to this section. The required procedures shall include, at a minimum, the following:
(A) The school district shall prepare a request for sealed proposals from qualified proposers. The school district shall include in the request for sealed proposals an estimate of price of the project, a clear, precise description of any preconstruction services that may be required and the facilities to be constructed, the key elements of the instrument to be awarded, a description of the format that proposals shall follow and the elements they shall contain, the standards the school district will use in evaluating proposals, the date on which proposals are due, and the timetable the school district will follow in reviewing and evaluating proposals.
(B) The school district shall give notice of the request for sealed proposals in the manner of notice provided in Section 20112 of the Public Contract Code and in a trade paper of general circulation published in the county where the project is located, with the latest notice published at least 10 days before the date for receipt of the proposals.
(C) A proposer shall be prequalified in accordance with subdivisions (b) to (m), inclusive, of Section 20111.6 of the Public Contract Code in order to submit a proposal. If used, electrical, mechanical, and plumbing subcontractors shall be subject to the same prequalification requirements for prospective bidders described in subdivisions (b) to (m), inclusive, of Section 20111.6 of the Public Contract Code, including the requirement for the completion and submission of a standardized prequalification questionnaire and financial statement that is verified under oath and is not a public record. These prequalification requirements shall be included in an instrument created pursuant to paragraph (1).
(D) The request for sealed proposals shall identify all criteria that the school district will consider in evaluating the proposals and qualifications of the proposers, including relevant experience, safety record, price proposal, and other factors specified by the school district. The price proposal shall include, at the school district’s discretion, either a lump-sum price for the instrument to be awarded or the proposer’s proposed fee to perform the services requested, including the proposer’s proposed fee to perform preconstruction services or any other work related to the facilities to be constructed, as requested by the school district. The request for proposals shall specify whether each criterion will be evaluated pass-fail or will be scored as part of the best value score, and whether proposers must achieve any minimum qualification score for award of the instrument under this section.
(E) For each scored criterion, the school district shall identify the methodology and rating or weighting system that will be used by the school district in evaluating the criterion, including the weight assigned to the criterion and any minimum acceptable score.
(F) Proposals shall be evaluated and the instrument awarded under this section in the following manner:
(i) All proposals received shall be reviewed to determine those that meet the format requirements and the standards specified in the request for sealed proposals.
(ii) The school district shall evaluate the qualifications of the proposers based solely upon the criteria and evaluation methodology set forth in the request for sealed proposals, and shall assign a best value score to each proposal. Once the evaluation is complete, all responsive proposals shall be ranked from the highest best value to the lowest best value to the school district.
(iii) The award of the instrument shall be made by the governing board of the school district to the responsive proposer whose proposal is determined, in writing by the governing board of the school district, to be the best value to the school district.
(iv) If the selected proposer refuses or fails to execute the tendered instrument, the governing board of the school district may award the instrument to the proposer with the second highest best value score if the governing board of the school district deems it to be for the best interest of the school district. If the second selected proposer refuses or fails to execute the tendered instrument, the governing board of the school district may award the instrument to the proposer with the third highest best value score if the governing board of the school district deems it to be for the best interest of the school district.
(v) Notwithstanding any other law, upon issuance of a contract award, the school district shall publicly announce its award, identifying the entity to which the award is made, along with a statement regarding the basis of the award. The statement regarding the school district’s contract award and the contract file shall provide sufficient information to satisfy an external audit.
(G) The governing board of the school district, at its discretion, may reject all proposals and request new proposals.
(3) Following the award of an instrument created pursuant to paragraph (1), and if the price proposal is not a lump sum for the instrument awarded, the successful proposer shall provide the school district with objectively verifiable information of its costs to perform the services requested under the instrument and shall select subcontractors as set forth in paragraph (4). Once any preconstruction services are completed and subcontractors are selected, and upon approval of the plans and specifications for work on the site by the Department of General Services’ Division of the State Architect, if required, the successful proposer and the school district shall finalize the price for the services to be provided under the instrument. The successful proposer shall provide the school district with written rationale for the price, and the school district shall approve or reject the final price at a public meeting before the successful proposer may proceed with any further work under the instrument. The contract file shall include documentation sufficient to support the final price determination.
(4) (A) The school district, in the request for sealed proposals, may identify specific types of subcontractors that must be included in the proposal. All subcontractors that are identified in the proposal shall be afforded the protections of the Subletting and Subcontracting Fair Practices Act (Chapter 4 (commencing with Section 4100) of Part 1 of Division 2 of the Public Contract Code).
(B) Following the award of an instrument created pursuant to paragraph (1) and for subcontractors not identified in the proposal, the successful proposer shall proceed as follows in awarding construction subcontracts with a value exceeding one-half of 1 percent of the price allocable to construction work:
(i) Provide public notice of availability of work to be subcontracted in accordance with the publication requirements applicable to the competitive bidding process of the school district, including a fixed date and time on which qualifications statements, bids, or proposals will be due.
(ii) Establish reasonable qualification criteria and standards.
(iii) Award the subcontract either on a best value basis or to the lowest responsible bidder. The process may include prequalification or short-listing. The process shall not apply to subcontractors listed in the original proposal. Subcontractors awarded construction subcontracts under this subdivision shall be afforded all the protections of the Subletting and Subcontracting Fair Practices Act (Chapter 4 (commencing with Section 4100) of Part 1 of Division 2 of the Public Contract Code).
(5) Nothing in paragraph (2) shall preclude a school district from segregating the request for proposals into a request for qualifications, followed by a request for proposals with price information from the proposers deemed most qualified by the school district, provided that the procedures specified in paragraphs (2), (3), and (4) are otherwise followed.
(b) (1) Notwithstanding Sections 17297 and 17402, for purposes of utilizing preconstruction services, a school district may enter into an instrument created pursuant to paragraph (1) of subdivision (a) before written approval by the Department of General Services’ Division of the State Architect only if the instrument provides that no work for which a contractor is required to be licensed in accordance with Article 5 (commencing with Section 7065) of Chapter 9 of Division 3 of the Business and Professions Code and for which Division of the State Architect approval is required can be performed before receipt of the required Division of the State Architect approval.
(2) Nothing in this subdivision waives the requirements of Section 17072.30 or Section 17074.16, or any other applicable requirements of Chapter 12.5 (commencing with Section 17070.10) of Part 10.
(c) A rental of property that complies with subdivision (a) as it reads on the day that the lease is entered into shall be deemed to have thereby required the payment of adequate consideration for purposes of Section 6 of Article XVI of the California Constitution.
(d) (1) This subdivision shall apply to a project for the construction, alteration, repair, or improvement of any structure, building, or other improvement of any kind that was leased through an instrument pursuant to this section before July 1, 2015. If at any time the instrument is determined to be invalid by a court of competent jurisdiction because it fails to fall within the competitive bidding exception pursuant to paragraph (1) of subdivision (a), as it read on December 31, 2016, the contractor who entered into the instrument with the school district may be paid the reasonable cost, specifically excluding profit, of the labor, equipment, materials, and services furnished by the contractor before the date of the determination that the instrument is invalid if all of the following conditions, as determined by the court, are met:
(A) The contractor proceeded with construction, alteration, repair, or improvement based upon a good faith belief that the instrument was valid.
(B) The school district has reasonably determined that the work performed is satisfactory.
(C) Contractor fraud did not occur in the obtaining or performance of the instrument.
(D) The instrument does not otherwise violate state law related to the construction or leasing of public works of improvement.
(2) In no event shall payment to the contractor pursuant to this section exceed either of the following:
(A) The contractor’s costs as included in the instrument plus the cost of any approved change orders.
(B) The lease payments made, less profit, at the point in time the instrument is determined to be invalid by a court of competent jurisdiction.
(3) Notwithstanding paragraph (1), this subdivision shall not affect any protest and legal proceedings, whether contractual, administrative, or judicial, to challenge the award of the public works contract, nor affect any rights under Section 337.1 or 337.15 of the Code of Civil Procedure.
(e) This section shall become inoperative on July 1, 2022, and, as of January 1, 2023, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2023, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 3.
Section 17406 of the Education Code, as added by Section 2 of Chapter 408 of the Statutes of 2014, is amended to read:
17406.
(a) Notwithstanding Section 17417, the governing board of a school district may let, for a minimum rental of one dollar ($1) a year, to any person, firm, or corporation any real property that belongs to the school district if the instrument by which this property is let requires the lessee to construct on the demised premises, or provide for the construction thereon of, a building or buildings for the use of the school district during the term of the lease, and provides that title to that building shall vest in the school district at the expiration of that term. The instrument may provide for the means or methods by which that title shall vest in the school district before the expiration of that term, and shall contain other terms and conditions as the governing board of the school district may deem to be in the best interest of the school district.
(b) Any rental of property that complies with subdivision (a) shall be deemed to have thereby required the payment of adequate consideration for purposes of Section 6 of Article XVI of the California Constitution.
(c) This section shall become operative on July 1, 2022.
### Summary:
<bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos> |
The people of the State of California do enact as follows:
SECTION 1.
Section 54964.5 of the Government Code is amended to read:
54964.5.
(a) A nonprofit organization or an officer, employee, or agent of a nonprofit organization shall not use, or permit another to use, public resources received from any local agency to make a contribution or expenditure not authorized by law.
(b) As used in this section and Section 84222.5, the following terms have the following meanings:
(1) “Local agency” has the same meaning as that term is defined in paragraph (4) of subdivision (b) of Section 54964 and shall also include a public entity created pursuant to the Joint Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of Title 1) by one or more entities described in Section 54964.
(2) “Nonprofit organization” means an entity incorporated under the Nonprofit Corporation Law (Division 2 (commencing with Section 5000) of Title 1 of the Corporations Code) or a nonprofit organization that qualifies for tax-exempt status under Section 115 or 501(c) of the federal Internal Revenue Code. “Nonprofit organization” does not include a nonprofit organization that qualifies for tax-exempt status under Section 501(c)(3) of the federal Internal Revenue Code.
(3) “Public resources” means either of the following:
(A) Any property or asset owned by a local agency, including, but not limited to, cash, land, buildings, facilities, funds, equipment, supplies, telephones, computers, vehicles, travel, and local government compensated work time that is provided to a nonprofit organization, except funds received in exchange for consideration for goods or services.
(B) Funds received by a nonprofit organization that have been generated from any activities related to conduit bond financing by those entities subject to the conduit financing and transparency and accountability provisions of Chapter 10.7 (commencing with Section 5870) of Division 6 of Title 1, whether or not those funds are received by the nonprofit organization in exchange for consideration for goods or services.
(4) “Publicly funded nonprofit organization” means a nonprofit organization for which public resources from one or more local agencies account for more than 20 percent of the nonprofit organization’s annual gross revenue in the current fiscal year or either of the previous two fiscal years.
(5) “Use” means a use of public resources from one or more local agencies that is substantial enough to result in a gain or advantage to the user or a loss to a local agency for which a monetary value may be estimated.
(c) This section does not prohibit the use of public resources for expenditures authorized by law, including all of the following:
(1) The costs of adopting a position or resolution supporting or opposing a clearly identified ballot measure or candidate, including posting the position or resolution on the nonprofit organization’s Internet Web site, communicating the position or resolution to members of the nonprofit organization, or issuing a press statement.
(2) Incidental or minimal use of public resources.
(3) Incidental costs related to the establishment or administration of a sponsored committee, as defined in Section 82048.7. A reasonable accounting method may be used to determine the use of nonpublic resources to pay for that cost. For purposes of this paragraph, “establishment and administration” means the cost of office space, telephones, salaries, utilities, supplies, legal and accounting fees, and other expenses incurred in establishing and operating a sponsored committee.
(4) Providing information to the public about the possible effects of a ballot measure on the activities, operations, or policies of the state or a local agency if the informational activities meet both of the following conditions:
(A) The informational activities are not otherwise prohibited by the California Constitution or the laws of this state.
(B) The information provided constitutes an accurate, fair, and impartial presentation of relevant facts to aid the electorate in reaching an informed judgment regarding the ballot measure.
(d) (1) Any person who intentionally or negligently violates this section is liable for a civil penalty not to exceed one thousand dollars ($1,000) for each day on which a violation occurs, plus three times the value of the unlawful use of public resources. The penalty shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General or by any district attorney or any city attorney of a city having a population in excess of 750,000. If two or more persons are responsible for a violation, they shall be jointly and severally liable for the penalty. If the action is brought by the Attorney General, the moneys recovered shall be paid into the General Fund. If the action is brought by a district attorney, the moneys recovered shall be paid to the treasurer of the county in which the judgment was entered. If the action is brought by a city attorney, the moneys recovered shall be paid to the treasury of that city.
(2) A civil action alleging a violation of this section shall not be commenced more than four years after the date of the alleged violation.
SEC. 2.
Section 54964.6 of the Government Code is repealed.
SEC. 3.
Section 84222.5 is added to the Government Code, to read:
84222.5.
(a) A publicly funded nonprofit organization that makes contributions or expenditures, either directly or through the control of another entity, shall establish and deposit into a separate bank account all funds that will be used to make contributions and expenditures, and those contributions and expenditures shall come from that separate bank account.
(b) In addition to subdivisions (b) and (c) of Section 84222, a publicly funded nonprofit organization is a recipient committee within the meaning of subdivision (a) of Section 82013 if any of the following occur:
(1) It makes contributions or expenditures totaling fifty thousand dollars ($50,000) or more related to statewide candidates or ballot measures or makes contributions or expenditures totaling two thousand five hundred dollars ($2,500) or more related to local candidates or ballot measures, either directly or through the control of another entity, during the prior quarter.
(2) By January 31 of each odd-numbered year, it makes contributions or expenditures totaling one hundred thousand dollars ($100,000) or more related to statewide candidates or ballot measures or makes contributions or expenditures totaling ten thousand dollars ($10,000) or more related to local candidates or ballot measures, either directly or through the control of another entity, during the previous two years.
(c) If a publicly funded nonprofit organization qualifies as a recipient committee pursuant to subdivision (b), it shall comply with the registration and reporting requirements of Section 84222.
(d) Each publicly funded nonprofit organization that makes contributions or expenditures, either directly or through the control of another entity, shall provide to the Commission, and display on the organization’s Internet Web site, the information it is required to disclose under this section. The information shall be clearly described and identified on a separate Internet Web page that is linked from the homepage of the organization’s Internet Web site. The link to this Internet Web page from the homepage shall be as visible as all similar links.
(e) The Commission may require an audit of a publicly funded nonprofit organization that is required to provide records to the Commission pursuant to this section. The Commission shall require an audit of any publicly funded nonprofit organization that makes contributions or expenditures in excess of five hundred thousand dollars ($500,000) in a calendar year. The publicly funded nonprofit organization shall provide records to the Commission to substantiate the information required to be disclosed by this section.
(f) If the Commission determines at the conclusion of an audit that a publicly funded nonprofit organization has violated this section, the Commission, the Attorney General, or the district attorney for the county in which the organization is domiciled may impose a civil fine upon the organization in an amount up to ten thousand dollars ($10,000) for each violation.
(g) The definitions in subdivision (b) of Section 54964.5 apply to this section.
SEC. 4.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
SEC. 5.
The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code. | (1) Existing law prohibits a nonprofit organization or an officer, employee, or agent of a nonprofit organization from using, or permitting another to use, public resources received from a local agency for any campaign activity not authorized by law. Existing law authorizes the Attorney General, any district attorney, or any city attorney of a city with a population over 750,000 to bring a civil action to recover a civil penalty against any person who intentionally or negligently violates that prohibition.
This bill would clarify that the prohibition applies to making contributions or expenditures not authorized by law, and would specify certain expenditures authorized by law that are not subject to the prohibition.
(2) Existing law requires a reporting nonprofit organization that engages in campaign activity to deposit into a separate bank account all specific sources of funds it receives and to pay for all campaign activity from that separate bank account. Existing law defines “reporting nonprofit organization” as a nonprofit organization for which public resources from one or more local agencies account for more than 20% of the nonprofit organization’s annual gross revenue, as specified.
Existing law requires a reporting nonprofit organization that engages in campaign activity of specified amounts or more to periodically disclose to the Franchise Tax Board, and post on its Internet Web site in a certain manner, the identity and amount of each specific source or sources of funds it receives for campaign activity, a description of the campaign activity, and the identity and amount of payments the organization makes from the required separate bank account. Existing law authorizes, and in some instances requires, the Franchise Tax Board to audit a reporting nonprofit organization, requires the board to issue a written audit report, and requires the board to transmit the audit report to the Attorney General and the district attorney for the county in which the reporting nonprofit organization is domiciled. Existing law authorizes the Attorney General or the district attorney for the county in which the reporting nonprofit organization is domiciled to impose a monetary civil penalty of up to $10,000 against a reporting nonprofit organization for misusing public resources received from a local agency, as described in (1), for failing to maintain the separate bank account, or for not complying with the disclosure requirements described above.
This bill would recast and relocate those provisions within the Political Reform Act of 1974, thereby making the Fair Political Practices Commission responsible for their administration and enforcement, except as specified. The bill would change the term “reporting nonprofit organization” to “publicly funded nonprofit organization,” defined as a nonprofit organization for which public resources from one or more local agencies account for more than 20% of the nonprofit organization’s annual gross revenue, as specified. The bill would require certain publicly funded nonprofit organizations to register as recipient committees and file the campaign statements that those committees are required to file under the act. This bill would shift the Franchise Tax Board’s authority and duties under these provisions to the Commission and would authorize the Commission, in addition to the Attorney General or the district attorney, to impose the monetary civil penalty of up to $10,000 against a publicly funded nonprofit organization.
The Political Reform Act of 1974 makes a willful violation of its provisions a misdemeanor. By expanding the scope of an existing crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act’s purposes upon a
2/3
vote of each house and compliance with specified procedural requirements.
This bill would declare that it furthers the purposes of the act. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
Section 54964.5 of the Government Code is amended to read:
54964.5.
(a) A nonprofit organization or an officer, employee, or agent of a nonprofit organization shall not use, or permit another to use, public resources received from any local agency to make a contribution or expenditure not authorized by law.
(b) As used in this section and Section 84222.5, the following terms have the following meanings:
(1) “Local agency” has the same meaning as that term is defined in paragraph (4) of subdivision (b) of Section 54964 and shall also include a public entity created pursuant to the Joint Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of Title 1) by one or more entities described in Section 54964.
(2) “Nonprofit organization” means an entity incorporated under the Nonprofit Corporation Law (Division 2 (commencing with Section 5000) of Title 1 of the Corporations Code) or a nonprofit organization that qualifies for tax-exempt status under Section 115 or 501(c) of the federal Internal Revenue Code. “Nonprofit organization” does not include a nonprofit organization that qualifies for tax-exempt status under Section 501(c)(3) of the federal Internal Revenue Code.
(3) “Public resources” means either of the following:
(A) Any property or asset owned by a local agency, including, but not limited to, cash, land, buildings, facilities, funds, equipment, supplies, telephones, computers, vehicles, travel, and local government compensated work time that is provided to a nonprofit organization, except funds received in exchange for consideration for goods or services.
(B) Funds received by a nonprofit organization that have been generated from any activities related to conduit bond financing by those entities subject to the conduit financing and transparency and accountability provisions of Chapter 10.7 (commencing with Section 5870) of Division 6 of Title 1, whether or not those funds are received by the nonprofit organization in exchange for consideration for goods or services.
(4) “Publicly funded nonprofit organization” means a nonprofit organization for which public resources from one or more local agencies account for more than 20 percent of the nonprofit organization’s annual gross revenue in the current fiscal year or either of the previous two fiscal years.
(5) “Use” means a use of public resources from one or more local agencies that is substantial enough to result in a gain or advantage to the user or a loss to a local agency for which a monetary value may be estimated.
(c) This section does not prohibit the use of public resources for expenditures authorized by law, including all of the following:
(1) The costs of adopting a position or resolution supporting or opposing a clearly identified ballot measure or candidate, including posting the position or resolution on the nonprofit organization’s Internet Web site, communicating the position or resolution to members of the nonprofit organization, or issuing a press statement.
(2) Incidental or minimal use of public resources.
(3) Incidental costs related to the establishment or administration of a sponsored committee, as defined in Section 82048.7. A reasonable accounting method may be used to determine the use of nonpublic resources to pay for that cost. For purposes of this paragraph, “establishment and administration” means the cost of office space, telephones, salaries, utilities, supplies, legal and accounting fees, and other expenses incurred in establishing and operating a sponsored committee.
(4) Providing information to the public about the possible effects of a ballot measure on the activities, operations, or policies of the state or a local agency if the informational activities meet both of the following conditions:
(A) The informational activities are not otherwise prohibited by the California Constitution or the laws of this state.
(B) The information provided constitutes an accurate, fair, and impartial presentation of relevant facts to aid the electorate in reaching an informed judgment regarding the ballot measure.
(d) (1) Any person who intentionally or negligently violates this section is liable for a civil penalty not to exceed one thousand dollars ($1,000) for each day on which a violation occurs, plus three times the value of the unlawful use of public resources. The penalty shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General or by any district attorney or any city attorney of a city having a population in excess of 750,000. If two or more persons are responsible for a violation, they shall be jointly and severally liable for the penalty. If the action is brought by the Attorney General, the moneys recovered shall be paid into the General Fund. If the action is brought by a district attorney, the moneys recovered shall be paid to the treasurer of the county in which the judgment was entered. If the action is brought by a city attorney, the moneys recovered shall be paid to the treasury of that city.
(2) A civil action alleging a violation of this section shall not be commenced more than four years after the date of the alleged violation.
SEC. 2.
Section 54964.6 of the Government Code is repealed.
SEC. 3.
Section 84222.5 is added to the Government Code, to read:
84222.5.
(a) A publicly funded nonprofit organization that makes contributions or expenditures, either directly or through the control of another entity, shall establish and deposit into a separate bank account all funds that will be used to make contributions and expenditures, and those contributions and expenditures shall come from that separate bank account.
(b) In addition to subdivisions (b) and (c) of Section 84222, a publicly funded nonprofit organization is a recipient committee within the meaning of subdivision (a) of Section 82013 if any of the following occur:
(1) It makes contributions or expenditures totaling fifty thousand dollars ($50,000) or more related to statewide candidates or ballot measures or makes contributions or expenditures totaling two thousand five hundred dollars ($2,500) or more related to local candidates or ballot measures, either directly or through the control of another entity, during the prior quarter.
(2) By January 31 of each odd-numbered year, it makes contributions or expenditures totaling one hundred thousand dollars ($100,000) or more related to statewide candidates or ballot measures or makes contributions or expenditures totaling ten thousand dollars ($10,000) or more related to local candidates or ballot measures, either directly or through the control of another entity, during the previous two years.
(c) If a publicly funded nonprofit organization qualifies as a recipient committee pursuant to subdivision (b), it shall comply with the registration and reporting requirements of Section 84222.
(d) Each publicly funded nonprofit organization that makes contributions or expenditures, either directly or through the control of another entity, shall provide to the Commission, and display on the organization’s Internet Web site, the information it is required to disclose under this section. The information shall be clearly described and identified on a separate Internet Web page that is linked from the homepage of the organization’s Internet Web site. The link to this Internet Web page from the homepage shall be as visible as all similar links.
(e) The Commission may require an audit of a publicly funded nonprofit organization that is required to provide records to the Commission pursuant to this section. The Commission shall require an audit of any publicly funded nonprofit organization that makes contributions or expenditures in excess of five hundred thousand dollars ($500,000) in a calendar year. The publicly funded nonprofit organization shall provide records to the Commission to substantiate the information required to be disclosed by this section.
(f) If the Commission determines at the conclusion of an audit that a publicly funded nonprofit organization has violated this section, the Commission, the Attorney General, or the district attorney for the county in which the organization is domiciled may impose a civil fine upon the organization in an amount up to ten thousand dollars ($10,000) for each violation.
(g) The definitions in subdivision (b) of Section 54964.5 apply to this section.
SEC. 4.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
SEC. 5.
The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code.
### Summary:
<bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos> |
The people of the State of California do enact as follows:
SECTION 1.
Section 6292 of the Revenue and Taxation Code is amended to read:
6292.
(a) Except when the sale is by lease, when a mobilehome or commercial coach required to be registered annually under the Health and Safety Code or a vehicle required to be registered under the Vehicle Code is sold at retail by other than a person licensed or certificated pursuant to the Health and Safety Code or the Vehicle Code as a manufacturer, remanufacturer, dealer, dismantler, or lessor-retailer, subject to Section 11615.5 of the Vehicle Code, the retailer is not required or authorized to collect the use tax from the purchaser, but the purchaser of the vehicle shall pay the use tax to the Department of Housing and Community Development acting for and on behalf of the board pursuant to Section 18123 of the Health and Safety Code or to the Department of Motor Vehicles acting for and on behalf of the board pursuant to Section 4750.5 of the Vehicle Code.
(b) If the purchaser makes an application to either department that is not timely, and is subject to penalty because of delinquency in effecting registration or transfer of registration of the vehicle, he or she then becomes liable also for penalty as specified in Section 6591, but no interest shall accrue.
(c) Application to the appropriate department by the purchaser relieves the purchaser of the obligation to file a return with the board under Section 6452.
(d) If the purchaser does not make application to either department, or does not pay the amount of use tax due, or files a return with the board under Section 6455 that is not timely, interest and penalties shall apply with respect to the unpaid amount as provided in Chapter 5 (commencing with Section 6451).
(e) Use taxes collected by the Department of Motor Vehicles and transmitted to the board pursuant to Section 4750.5 of the Vehicle Code shall be allocated to the jurisdiction where the purchaser registers the purchased vehicle, by the
specific address
tax area code
data provided to the board by the Department of Motor Vehicles. The board shall reimburse the Department of Motor Vehicles as prescribed in subdivision (d) of Section 4750.5 of the Vehicle Code.
SEC. 2.
Section 6293 of the Revenue and Taxation Code is amended to read:
6293.
(a) Except when the sale is by lease, when a vehicle subject to identification under Division 16.5 (commencing with Section 38000) of the Vehicle Code or a vehicle that qualifies under the permanent trailer identification plate program pursuant to subdivision (a) of Section 5014.1 of the Vehicle Code, is sold at retail by other than a person licensed or certificated pursuant to the Vehicle Code as a manufacturer, remanufacturer, dealer, dismantler, or lessor-retailer, subject to Section 11615.5 of the Vehicle Code, or a person required to hold a seller’s permit pursuant to Article 2 (commencing with Section 6066) of Chapter 2 by reason of the number, scope, and character of his or her sales of those vehicles, the retailer is not required or authorized to collect the use tax from the purchaser, but the purchaser of the vehicle shall pay the use tax to the Department of Motor Vehicles acting for and on behalf of the board pursuant to Section 38211 of the Vehicle Code.
(b) If the purchaser makes an application to
that
the
department
which
that
is not timely, and is subject to penalty because of delinquency in effecting identification or transfer of ownership of the vehicle, he or she then becomes liable also for penalty as specified in Section 6591 of this code, but no interest shall accrue.
(c) Application to
that
the
department by the purchaser relieves the purchaser of the obligation to file a return with the board under Section 6452.
(d) If the purchaser does not make application to
that
the
department, or does not pay the amount of use tax due, or files a return with the board under Section 6455
which
that
is not timely, interest and penalties shall apply with respect to the unpaid amount as provided in Chapter 5 (commencing with Section 6451).
(e) Use taxes collected by the Department of Motor Vehicles and transmitted to the board pursuant to Section 38211 of the Vehicle Code shall be allocated to the jurisdiction where the purchaser registers the purchased vehicle, by the tax area code data provided to the board by the Department of Motor Vehicles. The board shall reimburse the Department of Motor Vehicles as prescribed in subdivision (d) of Section 38211 of the Vehicle Code.
SEC. 3.
Section 6294 of the Revenue and Taxation Code is amended to read:
6294.
(a) When an undocumented vessel required to be registered under the Vehicle Code is sold at retail by other than a person holding a seller’s permit and regularly engaged in the business of selling vessels, the retailer is not required or authorized to collect the use tax from the purchaser, but the purchaser of the vessel must pay the use tax to the Department of Motor Vehicles acting for, and on behalf of, the board pursuant to Section 9928 of the Vehicle Code.
(b) If the purchaser makes an application to the department that is not timely, and is subject to penalty because of delinquency in effecting registration or transfer of registration of the undocumented vessel, he or she then becomes liable also for penalty as specified in Section 6591, but no interest shall accrue.
(c) Application to the department by the purchaser shall relieve the purchaser of the obligation to file a return with the board under Section 6452.
(d) If the purchaser does not make application to either department, or does not pay the amount of use tax due, or files a return with the board under Section 6455 that is not timely, interest and penalties shall apply with respect to the unpaid amount as provided in Chapter 5 (commencing with Section 6451).
(e) Use taxes collected by the Department of Motor Vehicles and transmitted to the board pursuant to Section 9928 of the Vehicle Code shall be allocated to the jurisdiction where the purchaser registers the purchased vessel, by the
specific address
tax area code
data provided to the board by the Department of Motor Vehicles. The board shall reimburse the Department of Motor Vehicles as prescribed in subdivision (d) of Section 9928 of the Vehicle Code.
SEC. 4.
Section 4750.5 of the Vehicle Code is amended to read:
4750.5.
(a) The department shall withhold the registration or the transfer of registration of a vehicle sold at retail to an applicant by a person other than a vehicle manufacturer or dealer holding a license and certificate issued pursuant to Chapter 4 (commencing with Section 11700) of Division 5, or an automobile dismantler holding a license and certificate issued pursuant to Chapter 3 (commencing with Section 11500) of Division 5, or a lessor-retailer holding a license issued pursuant to Chapter 3.5 (commencing with Section 11600) of Division 5, and subject to the provisions of Section 11615.5, until the applicant pays to the department the use tax measured by the sales price of the vehicle as required by the Sales and Use Tax Law (Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code), together with penalty, if any, unless the State Board of Equalization finds that no use tax is due. If the applicant so desires, he or she may pay the use tax and penalty, if any, to the department so as to secure immediate action upon his or her application for registration or transfer of registration, and thereafter he or she may apply through the Department of Motor Vehicles to the State Board of Equalization under the Sales and Use Tax Law for a refund of the amount paid.
(b) (1) If applicable, the department shall determine all local use taxes that the applicant is responsible to pay by specific address data provided by the applicant and to which the vehicle shall be registered.
The department shall utilize all available tools, including those available through the State Board of Equalization, to determine the correct use tax rates to apply to the applicant.
(2) Using the specific address data provided by the applicant and to which the vehicle shall be registered, the department shall identify the correct tax area code for the applicable local jurisdiction to which the vehicle shall be registered and to which the local use tax shall be allocated. The State Board of Equalization shall provide a list of state tax area codes applicable to each jurisdiction for purposes of allocating the local use taxes directly, pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200) of Division 2 of the Revenue and Taxation Code) and the Transactions and Use Tax Law (Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code).
(c) The department shall transmit all collections of use tax and penalty made under this section to the State Board of Equalization. The department also shall
collect and transmit to the board specific address data provided by applicants upon application and to which a purchased vehicle will be registered, for proper allocation of use tax collections. The transmitted data shall be subject to the requirements of Section 7056 of the Revenue and Taxation Code.
transmit the tax area codes and the amount of local use tax and penalty collections attributable to those tax area codes to the board for the proper direct allocation of local use tax collections.
This transmittal shall be made at least monthly, accompanied by a schedule in the form that the department and board may prescribe.
(d) The State Board of Equalization shall reimburse the department for its costs incurred in carrying out the provisions of this section. The reimbursement shall be effected under agreement between the agencies, approved by the Department of Finance.
(e) In computing any use tax or penalty under this section, dollar fractions shall be disregarded in the manner specified in Section 9559. Payment of tax and penalty on this basis shall be deemed full compliance with the requirements of the Sales and Use Tax Law and local transaction and use tax law insofar as they are applicable to the use of vehicles to which this section relates.
(f) It is the intent of the Legislature that the department and the State Board of Equalization administer this part in a manner that ensures that applicable Bradley-Burns uniform local
sales
use
taxes and local transaction and use taxes are collected and then remitted to the specific jurisdiction where the vehicle is registered.
SEC. 5.
Section 9928 of the Vehicle Code is amended to read:
9928.
(a) The department shall withhold the certificate of number or the transfer of registration of a vessel sold at retail to an applicant by a person other than a person holding a seller’s permit pursuant to Section 6066 of the Revenue and Taxation Code, and regularly engaged in the business of selling vessels, until the applicant pays to the department the use tax measured by the sales price of the vessel as required by the Sales and Use Tax Law (Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code), together with penalty, if any, unless the State Board of Equalization finds that no use tax is due. If the applicant so desires, he or she may pay the use tax and penalty, if any, to the department so as to secure immediate action upon his or her application for registration or transfer of registration and thereafter he or she may apply through the Department of Motor Vehicles to the State Board of Equalization under the Sales and Use Tax Law for a refund of the amount paid.
(b) (1) If applicable, the department shall determine all local use taxes that the applicant is responsible to pay by specific address data provided by the applicant and to which the vessel shall be registered.
The department shall utilize all available tools, including those available through the State Board of Equalization, to determine the correct use tax rates to apply to the applicant.
(2) Using the specific address data provided by the applicant and to which the vehicle shall be registered, the department shall identify the correct tax area code for the applicable local jurisdiction to which the vessel shall be registered and to which the local use tax shall be allocated. The State Board of Equalization shall provide a list of state tax area codes applicable to each jurisdiction for purposes of allocating the local use taxes directly, pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200) of Division 2 of the Revenue and Taxation Code) and the Transactions and Use Tax Law (Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code).
(c) The department shall transmit all collections of the use tax and penalty made under this section to the State Board of Equalization. The department also shall
collect and transmit to the board specific address data provided by applicants upon application and to which a purchased vessel will be registered, for proper allocation of use tax collections. The transmitted data shall be subject to the requirements of Section 7056 of the Revenue and Taxation Code.
transmit the tax area codes and the amount of local use tax and penalty collections attributable to those tax area codes to the board for the proper direct allocation of local use tax collections.
This transmittal shall be made at least monthly, accompanied by a schedule in the form that the department and board may prescribe.
(d) The State Board of Equalization shall reimburse the department for its costs incurred in carrying out the provisions of this section.
(e) In computing any use tax or penalty under this section, dollar fractions shall be disregarded in the manner specified in Section 9559. Payment of tax and penalty on this basis shall be deemed full compliance with the requirements of the Sales and Use Tax Law and local transaction and use tax law insofar as they are applicable to the use of vessels to which this section relates.
(f) The department and the State Board of Equalization shall enter into an agreement for the collection of the use tax pursuant to this section and Section 6294 of the Revenue and Taxation Code. The agreement shall specify the procedures agreed upon by the department and the board for collection of the tax and the reimbursement provided for in subdivision (d). The agreement shall be approved by the Department of Finance.
(g) It is the intent of the Legislature that the department and the State Board of Equalization administer this part in a manner that ensures that applicable Bradley-Burns uniform local
sales
use
taxes and local transaction and use taxes are collected and then remitted to the specific jurisdiction where the vessel is registered.
SEC. 6.
Section 38211 of the Vehicle Code is amended to read:
38211.
(a) The department shall withhold identification of or the transfer of ownership of a vehicle subject to identification under this division until the applicant pays to the department the use tax measured by the sales price of the vehicle as required by the Sales and Use Tax Law, together with penalty, if any, unless the purchaser presents evidence on a form prescribed by the State Board of Equalization that sales tax will be paid by the seller or that use tax has been collected by the seller or that the State Board of Equalization finds that no use tax is due. If the applicant so desires, he or she may pay the use tax and penalty, if any, to the department so as to secure immediate action upon his or her application for identification or transfer of ownership, and thereafter he or she may apply through the Department of Motor Vehicles to the State Board of Equalization under the Sales and Use Tax Law for a refund of the amount paid.
(b) (1) If applicable, the department shall determine all local use taxes that the applicant is responsible to pay by specific address data provided by the applicant and to which the vehicle shall be registered.
The department shall utilize all available tools, including those available through the State Board of Equalization, to determine the correct use tax rates to apply to the applicant.
(2) Using the specific address data provided by the applicant and to which the vehicle shall be registered, the department shall identify the correct tax area code for the applicable local jurisdiction to which the vehicle shall be registered and to which the local use tax shall be allocated. The State Board of Equalization shall provide a list of state tax area codes applicable to each jurisdiction for purposes of allocating the local use taxes directly, pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200) of Division 2 of the Revenue and Taxation Code) and the Transactions and Use Tax Law (Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code).
(c) The department shall transmit all collections of use tax and penalty made under this section to the State Board of Equalization. The department also shall
collect and transmit to the board specific address data provided by applicants upon application and to which a purchased vehicle will be registered, for proper allocation of use tax collections. The transmitted data shall be subject to the requirements of Section 7056 of the Revenue and Taxation Code.
transmit the tax area codes and the amount of local use tax and penalty collections attributable to those tax area codes to the board for the proper direct allocation of local use tax collections.
This transmittal shall be made at least monthly, accompanied by a schedule in the form that the department and board may prescribe.
(d) The State Board of Equalization shall reimburse the department for its costs incurred in carrying out the provisions of this section. The reimbursement shall be effected under agreement between the agencies, approved by the Department of Finance.
(e) In computing any use tax or penalty under this section, dollar fractions shall be disregarded in the manner specified in Section 9559. Payment of tax and penalty on this basis shall be deemed full compliance with the requirements of the Sales and Use Tax Law and local transaction and use tax law insofar as they are applicable to the use of vehicles to which this section relates.
(f) It is the intent of the Legislature that the department and the State Board of Equalization administer this part in a manner that ensures that applicable Bradley-Burns uniform local
sales
use
taxes and local transaction and use taxes are collected and then remitted to the specific jurisdiction where the vehicle is registered. | Existing law requires the Department of Motor Vehicles to withhold the registration or the transfer of registration of any vehicle or vessel, and to withhold identification or transfer of ownership of any off-highway vehicle subject to identification, until the applicant for registration or identification pays to the department the use tax measured by the sales price of the vehicle or vessel as required by the Sales and Use Tax Law, together with penalty, except as specified. Existing law requires the department to transmit all collections of use tax and penalty to the State Board of Equalization.
This bill would require, in addition, that the department determine all local use taxes the applicant is responsible to pay by specific address data provided by the applicant, and where the vehicle or vessel is to be registered. The bill would require the department to transmit the
address data to the board, and would make the data subject to specified information sharing provisions.
tax area codes and the amount of local use tax and penalty collections attributable to those tax area codes to the board.
This bill would require the board to allocate the use taxes transmitted by the department to the jurisdiction where the purchaser registers the purchased vehicle or vessel by the
specific address
tax area code
data provided to the board by the department.
This bill would declare the intent of the Legislature that the department and the board administer the provisions relating to registration of vehicles and vessels and identification of off-highway vehicles for these purposes in a manner that ensures that applicable local sales taxes and local transaction and use taxes are collected and then remitted to the specific jurisdiction where the vehicle or vessel is registered. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
Section 6292 of the Revenue and Taxation Code is amended to read:
6292.
(a) Except when the sale is by lease, when a mobilehome or commercial coach required to be registered annually under the Health and Safety Code or a vehicle required to be registered under the Vehicle Code is sold at retail by other than a person licensed or certificated pursuant to the Health and Safety Code or the Vehicle Code as a manufacturer, remanufacturer, dealer, dismantler, or lessor-retailer, subject to Section 11615.5 of the Vehicle Code, the retailer is not required or authorized to collect the use tax from the purchaser, but the purchaser of the vehicle shall pay the use tax to the Department of Housing and Community Development acting for and on behalf of the board pursuant to Section 18123 of the Health and Safety Code or to the Department of Motor Vehicles acting for and on behalf of the board pursuant to Section 4750.5 of the Vehicle Code.
(b) If the purchaser makes an application to either department that is not timely, and is subject to penalty because of delinquency in effecting registration or transfer of registration of the vehicle, he or she then becomes liable also for penalty as specified in Section 6591, but no interest shall accrue.
(c) Application to the appropriate department by the purchaser relieves the purchaser of the obligation to file a return with the board under Section 6452.
(d) If the purchaser does not make application to either department, or does not pay the amount of use tax due, or files a return with the board under Section 6455 that is not timely, interest and penalties shall apply with respect to the unpaid amount as provided in Chapter 5 (commencing with Section 6451).
(e) Use taxes collected by the Department of Motor Vehicles and transmitted to the board pursuant to Section 4750.5 of the Vehicle Code shall be allocated to the jurisdiction where the purchaser registers the purchased vehicle, by the
specific address
tax area code
data provided to the board by the Department of Motor Vehicles. The board shall reimburse the Department of Motor Vehicles as prescribed in subdivision (d) of Section 4750.5 of the Vehicle Code.
SEC. 2.
Section 6293 of the Revenue and Taxation Code is amended to read:
6293.
(a) Except when the sale is by lease, when a vehicle subject to identification under Division 16.5 (commencing with Section 38000) of the Vehicle Code or a vehicle that qualifies under the permanent trailer identification plate program pursuant to subdivision (a) of Section 5014.1 of the Vehicle Code, is sold at retail by other than a person licensed or certificated pursuant to the Vehicle Code as a manufacturer, remanufacturer, dealer, dismantler, or lessor-retailer, subject to Section 11615.5 of the Vehicle Code, or a person required to hold a seller’s permit pursuant to Article 2 (commencing with Section 6066) of Chapter 2 by reason of the number, scope, and character of his or her sales of those vehicles, the retailer is not required or authorized to collect the use tax from the purchaser, but the purchaser of the vehicle shall pay the use tax to the Department of Motor Vehicles acting for and on behalf of the board pursuant to Section 38211 of the Vehicle Code.
(b) If the purchaser makes an application to
that
the
department
which
that
is not timely, and is subject to penalty because of delinquency in effecting identification or transfer of ownership of the vehicle, he or she then becomes liable also for penalty as specified in Section 6591 of this code, but no interest shall accrue.
(c) Application to
that
the
department by the purchaser relieves the purchaser of the obligation to file a return with the board under Section 6452.
(d) If the purchaser does not make application to
that
the
department, or does not pay the amount of use tax due, or files a return with the board under Section 6455
which
that
is not timely, interest and penalties shall apply with respect to the unpaid amount as provided in Chapter 5 (commencing with Section 6451).
(e) Use taxes collected by the Department of Motor Vehicles and transmitted to the board pursuant to Section 38211 of the Vehicle Code shall be allocated to the jurisdiction where the purchaser registers the purchased vehicle, by the tax area code data provided to the board by the Department of Motor Vehicles. The board shall reimburse the Department of Motor Vehicles as prescribed in subdivision (d) of Section 38211 of the Vehicle Code.
SEC. 3.
Section 6294 of the Revenue and Taxation Code is amended to read:
6294.
(a) When an undocumented vessel required to be registered under the Vehicle Code is sold at retail by other than a person holding a seller’s permit and regularly engaged in the business of selling vessels, the retailer is not required or authorized to collect the use tax from the purchaser, but the purchaser of the vessel must pay the use tax to the Department of Motor Vehicles acting for, and on behalf of, the board pursuant to Section 9928 of the Vehicle Code.
(b) If the purchaser makes an application to the department that is not timely, and is subject to penalty because of delinquency in effecting registration or transfer of registration of the undocumented vessel, he or she then becomes liable also for penalty as specified in Section 6591, but no interest shall accrue.
(c) Application to the department by the purchaser shall relieve the purchaser of the obligation to file a return with the board under Section 6452.
(d) If the purchaser does not make application to either department, or does not pay the amount of use tax due, or files a return with the board under Section 6455 that is not timely, interest and penalties shall apply with respect to the unpaid amount as provided in Chapter 5 (commencing with Section 6451).
(e) Use taxes collected by the Department of Motor Vehicles and transmitted to the board pursuant to Section 9928 of the Vehicle Code shall be allocated to the jurisdiction where the purchaser registers the purchased vessel, by the
specific address
tax area code
data provided to the board by the Department of Motor Vehicles. The board shall reimburse the Department of Motor Vehicles as prescribed in subdivision (d) of Section 9928 of the Vehicle Code.
SEC. 4.
Section 4750.5 of the Vehicle Code is amended to read:
4750.5.
(a) The department shall withhold the registration or the transfer of registration of a vehicle sold at retail to an applicant by a person other than a vehicle manufacturer or dealer holding a license and certificate issued pursuant to Chapter 4 (commencing with Section 11700) of Division 5, or an automobile dismantler holding a license and certificate issued pursuant to Chapter 3 (commencing with Section 11500) of Division 5, or a lessor-retailer holding a license issued pursuant to Chapter 3.5 (commencing with Section 11600) of Division 5, and subject to the provisions of Section 11615.5, until the applicant pays to the department the use tax measured by the sales price of the vehicle as required by the Sales and Use Tax Law (Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code), together with penalty, if any, unless the State Board of Equalization finds that no use tax is due. If the applicant so desires, he or she may pay the use tax and penalty, if any, to the department so as to secure immediate action upon his or her application for registration or transfer of registration, and thereafter he or she may apply through the Department of Motor Vehicles to the State Board of Equalization under the Sales and Use Tax Law for a refund of the amount paid.
(b) (1) If applicable, the department shall determine all local use taxes that the applicant is responsible to pay by specific address data provided by the applicant and to which the vehicle shall be registered.
The department shall utilize all available tools, including those available through the State Board of Equalization, to determine the correct use tax rates to apply to the applicant.
(2) Using the specific address data provided by the applicant and to which the vehicle shall be registered, the department shall identify the correct tax area code for the applicable local jurisdiction to which the vehicle shall be registered and to which the local use tax shall be allocated. The State Board of Equalization shall provide a list of state tax area codes applicable to each jurisdiction for purposes of allocating the local use taxes directly, pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200) of Division 2 of the Revenue and Taxation Code) and the Transactions and Use Tax Law (Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code).
(c) The department shall transmit all collections of use tax and penalty made under this section to the State Board of Equalization. The department also shall
collect and transmit to the board specific address data provided by applicants upon application and to which a purchased vehicle will be registered, for proper allocation of use tax collections. The transmitted data shall be subject to the requirements of Section 7056 of the Revenue and Taxation Code.
transmit the tax area codes and the amount of local use tax and penalty collections attributable to those tax area codes to the board for the proper direct allocation of local use tax collections.
This transmittal shall be made at least monthly, accompanied by a schedule in the form that the department and board may prescribe.
(d) The State Board of Equalization shall reimburse the department for its costs incurred in carrying out the provisions of this section. The reimbursement shall be effected under agreement between the agencies, approved by the Department of Finance.
(e) In computing any use tax or penalty under this section, dollar fractions shall be disregarded in the manner specified in Section 9559. Payment of tax and penalty on this basis shall be deemed full compliance with the requirements of the Sales and Use Tax Law and local transaction and use tax law insofar as they are applicable to the use of vehicles to which this section relates.
(f) It is the intent of the Legislature that the department and the State Board of Equalization administer this part in a manner that ensures that applicable Bradley-Burns uniform local
sales
use
taxes and local transaction and use taxes are collected and then remitted to the specific jurisdiction where the vehicle is registered.
SEC. 5.
Section 9928 of the Vehicle Code is amended to read:
9928.
(a) The department shall withhold the certificate of number or the transfer of registration of a vessel sold at retail to an applicant by a person other than a person holding a seller’s permit pursuant to Section 6066 of the Revenue and Taxation Code, and regularly engaged in the business of selling vessels, until the applicant pays to the department the use tax measured by the sales price of the vessel as required by the Sales and Use Tax Law (Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code), together with penalty, if any, unless the State Board of Equalization finds that no use tax is due. If the applicant so desires, he or she may pay the use tax and penalty, if any, to the department so as to secure immediate action upon his or her application for registration or transfer of registration and thereafter he or she may apply through the Department of Motor Vehicles to the State Board of Equalization under the Sales and Use Tax Law for a refund of the amount paid.
(b) (1) If applicable, the department shall determine all local use taxes that the applicant is responsible to pay by specific address data provided by the applicant and to which the vessel shall be registered.
The department shall utilize all available tools, including those available through the State Board of Equalization, to determine the correct use tax rates to apply to the applicant.
(2) Using the specific address data provided by the applicant and to which the vehicle shall be registered, the department shall identify the correct tax area code for the applicable local jurisdiction to which the vessel shall be registered and to which the local use tax shall be allocated. The State Board of Equalization shall provide a list of state tax area codes applicable to each jurisdiction for purposes of allocating the local use taxes directly, pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200) of Division 2 of the Revenue and Taxation Code) and the Transactions and Use Tax Law (Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code).
(c) The department shall transmit all collections of the use tax and penalty made under this section to the State Board of Equalization. The department also shall
collect and transmit to the board specific address data provided by applicants upon application and to which a purchased vessel will be registered, for proper allocation of use tax collections. The transmitted data shall be subject to the requirements of Section 7056 of the Revenue and Taxation Code.
transmit the tax area codes and the amount of local use tax and penalty collections attributable to those tax area codes to the board for the proper direct allocation of local use tax collections.
This transmittal shall be made at least monthly, accompanied by a schedule in the form that the department and board may prescribe.
(d) The State Board of Equalization shall reimburse the department for its costs incurred in carrying out the provisions of this section.
(e) In computing any use tax or penalty under this section, dollar fractions shall be disregarded in the manner specified in Section 9559. Payment of tax and penalty on this basis shall be deemed full compliance with the requirements of the Sales and Use Tax Law and local transaction and use tax law insofar as they are applicable to the use of vessels to which this section relates.
(f) The department and the State Board of Equalization shall enter into an agreement for the collection of the use tax pursuant to this section and Section 6294 of the Revenue and Taxation Code. The agreement shall specify the procedures agreed upon by the department and the board for collection of the tax and the reimbursement provided for in subdivision (d). The agreement shall be approved by the Department of Finance.
(g) It is the intent of the Legislature that the department and the State Board of Equalization administer this part in a manner that ensures that applicable Bradley-Burns uniform local
sales
use
taxes and local transaction and use taxes are collected and then remitted to the specific jurisdiction where the vessel is registered.
SEC. 6.
Section 38211 of the Vehicle Code is amended to read:
38211.
(a) The department shall withhold identification of or the transfer of ownership of a vehicle subject to identification under this division until the applicant pays to the department the use tax measured by the sales price of the vehicle as required by the Sales and Use Tax Law, together with penalty, if any, unless the purchaser presents evidence on a form prescribed by the State Board of Equalization that sales tax will be paid by the seller or that use tax has been collected by the seller or that the State Board of Equalization finds that no use tax is due. If the applicant so desires, he or she may pay the use tax and penalty, if any, to the department so as to secure immediate action upon his or her application for identification or transfer of ownership, and thereafter he or she may apply through the Department of Motor Vehicles to the State Board of Equalization under the Sales and Use Tax Law for a refund of the amount paid.
(b) (1) If applicable, the department shall determine all local use taxes that the applicant is responsible to pay by specific address data provided by the applicant and to which the vehicle shall be registered.
The department shall utilize all available tools, including those available through the State Board of Equalization, to determine the correct use tax rates to apply to the applicant.
(2) Using the specific address data provided by the applicant and to which the vehicle shall be registered, the department shall identify the correct tax area code for the applicable local jurisdiction to which the vehicle shall be registered and to which the local use tax shall be allocated. The State Board of Equalization shall provide a list of state tax area codes applicable to each jurisdiction for purposes of allocating the local use taxes directly, pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200) of Division 2 of the Revenue and Taxation Code) and the Transactions and Use Tax Law (Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code).
(c) The department shall transmit all collections of use tax and penalty made under this section to the State Board of Equalization. The department also shall
collect and transmit to the board specific address data provided by applicants upon application and to which a purchased vehicle will be registered, for proper allocation of use tax collections. The transmitted data shall be subject to the requirements of Section 7056 of the Revenue and Taxation Code.
transmit the tax area codes and the amount of local use tax and penalty collections attributable to those tax area codes to the board for the proper direct allocation of local use tax collections.
This transmittal shall be made at least monthly, accompanied by a schedule in the form that the department and board may prescribe.
(d) The State Board of Equalization shall reimburse the department for its costs incurred in carrying out the provisions of this section. The reimbursement shall be effected under agreement between the agencies, approved by the Department of Finance.
(e) In computing any use tax or penalty under this section, dollar fractions shall be disregarded in the manner specified in Section 9559. Payment of tax and penalty on this basis shall be deemed full compliance with the requirements of the Sales and Use Tax Law and local transaction and use tax law insofar as they are applicable to the use of vehicles to which this section relates.
(f) It is the intent of the Legislature that the department and the State Board of Equalization administer this part in a manner that ensures that applicable Bradley-Burns uniform local
sales
use
taxes and local transaction and use taxes are collected and then remitted to the specific jurisdiction where the vehicle is registered.
### Summary:
This bill amends the Sales and Use Tax Law to require that the Department of Motor Vehicles collect the use tax on the sale of a vehicle and remit the use tax |
The people of the State of California do enact as follows:
SECTION 1.
Section 103885 of the Health and Safety Code is amended to read:
103885.
(a) The director shall establish a statewide system for the collection of information determining the incidence of cancer, using population-based cancer registries modeled after the Cancer Surveillance Program of Orange County. As of the effective date of this section, the director shall begin phasing in the statewide cancer reporting system. By July 1, 1988, all county or regional registries shall be implemented or initiated. By July 1, 1990, the statewide cancer reporting system shall be fully operational. Within 60 days of the effective date of this section, the director shall submit an implementation and funding schedule to the Legislature.
(b) The department may designate any demographic parts of the state as regional cancer incidence reporting areas and may establish regional cancer registries, with the responsibility and authority to carry out the intent of this section in designated areas. Designated regional registries shall provide, on a timely basis, cancer incidence data as designated by the state department to the department. The department may establish a competitive process to receive applications for, and issue, the award of a contract, grant, or allocation of funds, including, but not limited to, a cooperative agreement, subvention agreement, or any other agreement allowed by law, to an agency, including, but not limited to, a health systems agency, single county health department, multicounty health department grouping, or nonprofit professional association to operate the statewide cancer reporting system and to enter into contracts, or issue grants or funding allocations to other agencies representing a designated cancer reporting region for the purposes of collecting and collating cancer incidence data. The award of these contracts, grants, or funding allocations shall be exempt from Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code. The department shall include appropriate terms and conditions in a contract, grant, or funding allocation to ensure the proper use of state funds, including provision for reimbursement of allowable costs, financial reporting, program performance reporting, monitoring of subgrants, subcontracts, or suballocations to an agency representing a designated cancer reporting region, retention and access requirements for records, data use and management, independent auditing, termination, and disposition of assets acquired under the contract, grant, or funding allocation.
(c) The director shall designate cancer as a disease required to be reported in the state or any demographic parts of the state in which cancer information is collected under this section. All cancers diagnosed or treated in the reporting area shall thereafter be reported to the representative of the department authorized to compile the cancer data, or any individual, agency, or organization designated to cooperate with that representative.
(d) (1) Any hospital or other facility providing therapy to cancer patients within an area designated as a cancer reporting area shall report each case of cancer to the department or the authorized representative of the department in a format prescribed by the department. If the hospital or other facility fails to report in a format prescribed by the department, the department’s authorized representative may access the information from the hospital or the facility and report it in the appropriate format. In these cases, the hospital or other health facility shall reimburse the state department or the authorized representative for its cost to access and report the information.
(2) Any physician and surgeon, dentist, podiatrist, or other health care practitioner diagnosing or providing treatment for cancer patients shall report each cancer case to the department or the authorized representative of the department, except for those cases directly referred to a treatment facility or those previously admitted to a treatment facility for diagnoses or treatment of that instance of cancer.
(3) (A) On or after January 1, 2019, a pathologist diagnosing cancer shall report cancer diagnoses to the department utilizing the College of American Pathologists cancer protocols or any other standardized format approved by the department.
(B) Reporting shall be by electronic means, including, but not limited to, either directly from an electronic medical record or using a designated Internet Web portal that the department shall provide for pathologists’ use. If a pathologist fails to report electronically and with an approved format, the department’s authorized representative may access the information from the pathologist in an appropriate alternative format. In these cases, the pathologist shall reimburse the department or the authorized representative for its cost to access and report the information.
(C) A pathologist shall not be responsible for acquiring missing or inaccessible patient demographic information not provided to him or her beyond the content of the required cancer-specific data elements.
(D) For purposes of reports submitted pursuant to this paragraph, the department shall prescribe the data required to be included in the report, work collaboratively with stakeholders to designate a standardized electronic format for submission, and designate an Internet Web portal for electronic submission.
(E) This paragraph shall not be interpreted to require a pathologist to submit the same pathology report to the department, regardless of format, more than once. If a pathology report is submitted by a pathologist electronically, pursuant to this paragraph, the same pathology report is not required to be submitted to the department by any other means.
(e) Any hospital or other facility that is required to reimburse the department or its authorized representative for the cost to access and report the information pursuant to subdivision (d) shall provide payment to the department or its authorized representative within 60 days of the date this payment is demanded. In the event any hospital or other facility fails to make the payment to the department or its authorized representative within 60 days of the date the payment is demanded, the department or its authorized representative may, at its discretion, assess a late fee not to exceed 1
1/2
percent per month of the outstanding balance. Further, in the event that the department or its authorized representative takes a legal action to recover its costs and any associated fees, and the department or its authorized representative receives a judgment in its favor, the hospital or other facility shall also reimburse the department or its authorized representative for any additional costs it incurred to pursue the legal action. Late fees and payments made to the department by hospitals or other facilities pursuant to this subdivision shall be considered as reimbursements of the additional costs incurred by the department.
(f) All physicians and surgeons, hospitals, outpatient clinics, nursing homes and all other facilities, individuals, or agencies providing diagnostic or treatment services to patients with cancer shall grant to the department or the authorized representative access to all records that would identify cases of cancer or would establish characteristics of the cancer, treatment of the cancer, or medical status of any identified cancer patient. Willful failure to grant access to those records shall be punishable by a fine of up to five hundred dollars ($500) each day access is refused. Any fines collected pursuant to this subdivision shall be deposited in the General Fund.
(g) (1) Except as otherwise provided in this section, all information collected pursuant to this section shall be confidential. For purposes of this section, this information shall be referred to as “confidential information.”
(2) The department and any regional cancer registry designated by the department shall use the information to determine the sources of malignant neoplasms and evaluate measures designed to eliminate, alleviate, or ameliorate their effect.
(3) Persons with a valid scientific interest who are engaged in demographic, epidemiological, or other similar studies related to health who meet qualifications as determined by the department, and who agree, in writing, to maintain confidentiality, may be authorized access to confidential information.
(4) The department and any regional cancer registry designated by the department may enter into agreements to furnish confidential information to other states’ cancer registries, federal cancer control agencies, local health officers, or health researchers for the purposes of determining the sources of cancer and evaluating measures designed to eliminate, alleviate, or ameliorate their effect. Before confidential information is disclosed to those agencies, officers, researchers, or out-of-state registries, the requesting entity shall agree in writing to maintain the confidentiality of the information, and in the case of researchers, shall also do both of the following:
(A) Obtain approval of their committee for the protection of human subjects established in accordance with Part 46 (commencing with Section 46.101) of Title 45 of the Code of Federal Regulations.
(B) Provide documentation to the department that demonstrates to the department’s satisfaction that the entity has established the procedures and ability to maintain the confidentiality of the information.
(5) Notwithstanding any other law, any disclosure authorized by this section shall include only the information necessary for the stated purpose of the requested disclosure, used for the approved purpose, and not be further disclosed.
(6) The furnishing of confidential information to the department or its authorized representative in accordance with this section shall not expose any person, agency, or entity furnishing information to liability, and shall not be considered a waiver of any privilege or a violation of a confidential relationship.
(7) The department shall maintain an accurate record of all persons who are given access to confidential information. The record shall include: the name of the person authorizing access; name, title, address, and organizational affiliation of persons given access; dates of access; and the specific purpose for which information is to be used. The record of access shall be open to public inspection during normal operating hours of the department.
(8) Notwithstanding any other law, no part of the confidential information shall be available for subpoena, nor shall it be disclosed, discoverable, or compelled to be produced in any civil, criminal, administrative, or other proceeding, nor shall this information be deemed admissible as evidence in any civil, criminal, administrative, or other tribunal or court for any reason.
(9) Nothing in this subdivision shall prohibit the publication by the department of reports and statistical compilations that do not in any way identify individual cases or individual sources of information.
(10) Notwithstanding the restrictions in this subdivision, the individual to whom the information pertains shall have access to his or her own information in accordance with Chapter 1 (commencing with Section 1798) of Title 1.8 of the Civil Code.
(h) For the purpose of this section, “cancer” means either of the following:
(1) All malignant neoplasms, regardless of the tissue of origin, including malignant lymphoma, Hodgkins disease, and leukemia, but excluding basal cell and squamous cell carcinoma of the skin.
(2) All primary intracranial and central nervous system (CNS) tumors occurring in the following sites, irrespective of histologic type: brain, meninges, spinal cord, caudae equina, cranial nerves and other parts of the CNS, pituitary gland, pineal gland, and craniopharyngeal duct.
(i) Nothing in this section shall preempt the authority of facilities or individuals providing diagnostic or treatment services to patients with cancer to maintain their own facility-based cancer registries.
(j) It is the intent of the Legislature that the department, in establishing a system pursuant to this section, maximize the use of available federal funds. | Existing law requires the State Department of Public Health to establish a statewide system for the collection of information determining the incidence of cancer, known as the Ken Maddy California Cancer Registry. Existing law authorizes the department to designate any demographic parts of the state as regional cancer incidence reporting areas and establish regional cancer registries to provide cancer incidence data. Existing law requires any hospital or other facility providing therapy to cancer patients within a cancer reporting area to report each case of cancer to the department or the authorized representative of the department in a format prescribed by the department. Existing law provides that if the hospital or other facility fails to report in a format prescribed by the department, the department’s authorized representative is authorized to access the information from the hospital or the facility and report it in the appropriate format. In these cases, existing law requires the hospital or other health facility to reimburse the department or the authorized representative for its cost to access and report the information. Existing law also requires any physician, dentist, podiatrist, or other health care practitioner diagnosing or providing treatment for cancer patients to report each cancer case to the department or the authorized representative of the department, except for those cases directly referred to a treatment facility or those previously admitted to a treatment facility for diagnosis or treatment of that instance of cancer.
This bill, on or after January 1, 2019, would, among other things, require a pathologist diagnosing cancer to report cancer diagnoses to the department by electronic means, including, but not limited to, either directly from an electronic medical record or using a designated Internet Web portal provided by the department. If a pathologist fails to report electronically and with an approved format, the bill would authorize the department’s authorized representative to access the information from the pathologist in an appropriate alternative format. In these cases, the bill would require the pathologist to reimburse the department or the authorized representative for its cost to access and report the information. The bill would require the department to prescribe the data required to be included in the reports and to work collaboratively with stakeholders to designate a standardized electronic format for submission of the reports. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
Section 103885 of the Health and Safety Code is amended to read:
103885.
(a) The director shall establish a statewide system for the collection of information determining the incidence of cancer, using population-based cancer registries modeled after the Cancer Surveillance Program of Orange County. As of the effective date of this section, the director shall begin phasing in the statewide cancer reporting system. By July 1, 1988, all county or regional registries shall be implemented or initiated. By July 1, 1990, the statewide cancer reporting system shall be fully operational. Within 60 days of the effective date of this section, the director shall submit an implementation and funding schedule to the Legislature.
(b) The department may designate any demographic parts of the state as regional cancer incidence reporting areas and may establish regional cancer registries, with the responsibility and authority to carry out the intent of this section in designated areas. Designated regional registries shall provide, on a timely basis, cancer incidence data as designated by the state department to the department. The department may establish a competitive process to receive applications for, and issue, the award of a contract, grant, or allocation of funds, including, but not limited to, a cooperative agreement, subvention agreement, or any other agreement allowed by law, to an agency, including, but not limited to, a health systems agency, single county health department, multicounty health department grouping, or nonprofit professional association to operate the statewide cancer reporting system and to enter into contracts, or issue grants or funding allocations to other agencies representing a designated cancer reporting region for the purposes of collecting and collating cancer incidence data. The award of these contracts, grants, or funding allocations shall be exempt from Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code. The department shall include appropriate terms and conditions in a contract, grant, or funding allocation to ensure the proper use of state funds, including provision for reimbursement of allowable costs, financial reporting, program performance reporting, monitoring of subgrants, subcontracts, or suballocations to an agency representing a designated cancer reporting region, retention and access requirements for records, data use and management, independent auditing, termination, and disposition of assets acquired under the contract, grant, or funding allocation.
(c) The director shall designate cancer as a disease required to be reported in the state or any demographic parts of the state in which cancer information is collected under this section. All cancers diagnosed or treated in the reporting area shall thereafter be reported to the representative of the department authorized to compile the cancer data, or any individual, agency, or organization designated to cooperate with that representative.
(d) (1) Any hospital or other facility providing therapy to cancer patients within an area designated as a cancer reporting area shall report each case of cancer to the department or the authorized representative of the department in a format prescribed by the department. If the hospital or other facility fails to report in a format prescribed by the department, the department’s authorized representative may access the information from the hospital or the facility and report it in the appropriate format. In these cases, the hospital or other health facility shall reimburse the state department or the authorized representative for its cost to access and report the information.
(2) Any physician and surgeon, dentist, podiatrist, or other health care practitioner diagnosing or providing treatment for cancer patients shall report each cancer case to the department or the authorized representative of the department, except for those cases directly referred to a treatment facility or those previously admitted to a treatment facility for diagnoses or treatment of that instance of cancer.
(3) (A) On or after January 1, 2019, a pathologist diagnosing cancer shall report cancer diagnoses to the department utilizing the College of American Pathologists cancer protocols or any other standardized format approved by the department.
(B) Reporting shall be by electronic means, including, but not limited to, either directly from an electronic medical record or using a designated Internet Web portal that the department shall provide for pathologists’ use. If a pathologist fails to report electronically and with an approved format, the department’s authorized representative may access the information from the pathologist in an appropriate alternative format. In these cases, the pathologist shall reimburse the department or the authorized representative for its cost to access and report the information.
(C) A pathologist shall not be responsible for acquiring missing or inaccessible patient demographic information not provided to him or her beyond the content of the required cancer-specific data elements.
(D) For purposes of reports submitted pursuant to this paragraph, the department shall prescribe the data required to be included in the report, work collaboratively with stakeholders to designate a standardized electronic format for submission, and designate an Internet Web portal for electronic submission.
(E) This paragraph shall not be interpreted to require a pathologist to submit the same pathology report to the department, regardless of format, more than once. If a pathology report is submitted by a pathologist electronically, pursuant to this paragraph, the same pathology report is not required to be submitted to the department by any other means.
(e) Any hospital or other facility that is required to reimburse the department or its authorized representative for the cost to access and report the information pursuant to subdivision (d) shall provide payment to the department or its authorized representative within 60 days of the date this payment is demanded. In the event any hospital or other facility fails to make the payment to the department or its authorized representative within 60 days of the date the payment is demanded, the department or its authorized representative may, at its discretion, assess a late fee not to exceed 1
1/2
percent per month of the outstanding balance. Further, in the event that the department or its authorized representative takes a legal action to recover its costs and any associated fees, and the department or its authorized representative receives a judgment in its favor, the hospital or other facility shall also reimburse the department or its authorized representative for any additional costs it incurred to pursue the legal action. Late fees and payments made to the department by hospitals or other facilities pursuant to this subdivision shall be considered as reimbursements of the additional costs incurred by the department.
(f) All physicians and surgeons, hospitals, outpatient clinics, nursing homes and all other facilities, individuals, or agencies providing diagnostic or treatment services to patients with cancer shall grant to the department or the authorized representative access to all records that would identify cases of cancer or would establish characteristics of the cancer, treatment of the cancer, or medical status of any identified cancer patient. Willful failure to grant access to those records shall be punishable by a fine of up to five hundred dollars ($500) each day access is refused. Any fines collected pursuant to this subdivision shall be deposited in the General Fund.
(g) (1) Except as otherwise provided in this section, all information collected pursuant to this section shall be confidential. For purposes of this section, this information shall be referred to as “confidential information.”
(2) The department and any regional cancer registry designated by the department shall use the information to determine the sources of malignant neoplasms and evaluate measures designed to eliminate, alleviate, or ameliorate their effect.
(3) Persons with a valid scientific interest who are engaged in demographic, epidemiological, or other similar studies related to health who meet qualifications as determined by the department, and who agree, in writing, to maintain confidentiality, may be authorized access to confidential information.
(4) The department and any regional cancer registry designated by the department may enter into agreements to furnish confidential information to other states’ cancer registries, federal cancer control agencies, local health officers, or health researchers for the purposes of determining the sources of cancer and evaluating measures designed to eliminate, alleviate, or ameliorate their effect. Before confidential information is disclosed to those agencies, officers, researchers, or out-of-state registries, the requesting entity shall agree in writing to maintain the confidentiality of the information, and in the case of researchers, shall also do both of the following:
(A) Obtain approval of their committee for the protection of human subjects established in accordance with Part 46 (commencing with Section 46.101) of Title 45 of the Code of Federal Regulations.
(B) Provide documentation to the department that demonstrates to the department’s satisfaction that the entity has established the procedures and ability to maintain the confidentiality of the information.
(5) Notwithstanding any other law, any disclosure authorized by this section shall include only the information necessary for the stated purpose of the requested disclosure, used for the approved purpose, and not be further disclosed.
(6) The furnishing of confidential information to the department or its authorized representative in accordance with this section shall not expose any person, agency, or entity furnishing information to liability, and shall not be considered a waiver of any privilege or a violation of a confidential relationship.
(7) The department shall maintain an accurate record of all persons who are given access to confidential information. The record shall include: the name of the person authorizing access; name, title, address, and organizational affiliation of persons given access; dates of access; and the specific purpose for which information is to be used. The record of access shall be open to public inspection during normal operating hours of the department.
(8) Notwithstanding any other law, no part of the confidential information shall be available for subpoena, nor shall it be disclosed, discoverable, or compelled to be produced in any civil, criminal, administrative, or other proceeding, nor shall this information be deemed admissible as evidence in any civil, criminal, administrative, or other tribunal or court for any reason.
(9) Nothing in this subdivision shall prohibit the publication by the department of reports and statistical compilations that do not in any way identify individual cases or individual sources of information.
(10) Notwithstanding the restrictions in this subdivision, the individual to whom the information pertains shall have access to his or her own information in accordance with Chapter 1 (commencing with Section 1798) of Title 1.8 of the Civil Code.
(h) For the purpose of this section, “cancer” means either of the following:
(1) All malignant neoplasms, regardless of the tissue of origin, including malignant lymphoma, Hodgkins disease, and leukemia, but excluding basal cell and squamous cell carcinoma of the skin.
(2) All primary intracranial and central nervous system (CNS) tumors occurring in the following sites, irrespective of histologic type: brain, meninges, spinal cord, caudae equina, cranial nerves and other parts of the CNS, pituitary gland, pineal gland, and craniopharyngeal duct.
(i) Nothing in this section shall preempt the authority of facilities or individuals providing diagnostic or treatment services to patients with cancer to maintain their own facility-based cancer registries.
(j) It is the intent of the Legislature that the department, in establishing a system pursuant to this section, maximize the use of available federal funds.
### Summary:
<bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos> |
The people of the State of California do enact as follows:
SECTION 1.
(a) The Legislature finds and declares all of the following:
(1) Computer science education is not only about access to computers. It is about innovation and development of technology. Computer science education builds pupils’ computational and critical thinking skills, which enables them to create, and not simply use, the next generation of technological tools. This fundamental knowledge is needed to prepare pupils for the 21st century regardless of their ultimate field of study or occupation.
(2) Computer science drives job creation and innovation throughout our state’s economy. Providing access to computer science education is a critical step for ensuring that California remains competitive in the global economy and strengthens its cybersecurity. Last year, there were over 600,000 technology jobs open across the United States, and, by 2018, 51 percent of all science, technology, engineering, and mathematics (STEM) jobs are projected to be in computer science-related fields. In California, there are currently 86,436 open computing jobs, which is four times the average demand rate in California.
(3) Computing occupations make up two-thirds of all projected new jobs in STEM fields, making computer science one of the most in-demand college degrees. However, California only had 3,525 computer science graduates in 2014 with only 15 percent female graduates.
(4) There are fewer advanced placement (AP) examinations taken in computer science than in any other STEM subject area. Of the high school pupils in California who took the AP computer science examination in 2015, only 26 percent were female, only 973 were Latino, and only 148 were African American. Only 242 schools in California, or 16 percent of California schools with AP programs, offered the AP computer science course in the 2013–14 school year.
(5) President Obama’s Computer Science for All initiative builds on the momentum at the state and local level. The President’s upcoming budget proposes funding for the United States Department of Education, available over three years, for states to increase access to computer science education in elementary and secondary education classrooms. Under the program, states would submit comprehensive five-year “Computer Science for All” plans in order to be eligible for federal funding, and every state with a well-designed strategy would receive funds. In addition to state-level grants, the budget will also dedicate funds for competitive grants specifically for leading districts to execute ambitious computer science education expansion efforts for all pupils, including traditionally underrepresented pupils, with those efforts to serve as models for national replication.
(6) However, access to computer science education for all pupils is still a challenge, especially for underrepresented communities. Only one out of four K–12 schools teaches any computer science, leaving 75 percent of pupils today without the opportunity to develop skills that could help them thrive in the future.
(7) Exposure to computer science at a young age has the potential to address the diversity gap in computer science fields. Girls who take AP computer science in high school are 10 times more likely to major in computer science in college. African American and Latino pupils who take this course in high school are over seven times more likely to major in this field.
(8) A Google-Gallup survey found that nine out of 10 parents say they want computer science taught in their schools, and the majority of parents and teachers believe it should be required learning for 21st century pupils.
(9) Computer science has often been confused with broader technology education in schools. California should adopt distinct standards for computer science focused on both the creation and use of software and computing technologies at all levels of K–12 education.
(b) It is the intent of the Legislature that all pupils in kindergarten and grades 1 to 12, inclusive, have access to computer science education, with a strong focus on pupils underrepresented in computer science, including girls, low-income and underserved school districts, and rural and urban school districts.
(c) It is the intent of the Legislature that the only predetermined outcome be to increase access to computer science in California schools and to account for disparate views as recommendations are provided.
SEC. 2.
Chapter 19 (commencing with Section 53310) is added to Part 28 of Division 4 of Title 2 of the Education Code, to read:
CHAPTER 19. Computer Science Strategic Implementation Plan
53310.
(a) On or before September 1, 2017, the Superintendent shall convene a computer science strategic implementation advisory panel to develop recommendations for a computer science strategic implementation plan. The advisory panel shall hold public meetings, post the location and time of the meetings, and post agendas online. Members of the advisory panel shall possess expertise in computer science.
(b) The advisory panel shall consist of, but not necessarily be limited to, the following members:
(1) The Superintendent or his or her designee, who shall serve as cochair of the advisory panel.
(2) A representative of the Governor, who shall serve as cochair of the advisory panel.
(3) A representative designated by the Senate Committee on Rules.
(4) A representative designated by the Speaker of the Assembly.
(5) (A) Six K–12 teacher representatives, designated by the Superintendent.
(B) It is the intent of the Legislature that these representatives include two elementary school teachers, two middle school teachers, and two high school teachers who are all currently teaching.
(C) It is further the intent of the Legislature that these representatives include one teacher from a large urban school district and one from a rural school district.
(6) A representative representing the Commission on Teacher Credentialing.
(7) A credentialed teacher representing the Computer Science Teachers Association.
(8) A representative of the private sector technology industry, designated by the Superintendent.
(9) A faculty member from the University of California.
(10) A faculty member from the California State University.
(11) A faculty member from the California Community Colleges.
(12) A faculty member from a private postsecondary educational institution, designated by the Superintendent.
(13) A credentialed teacher from the Instructional Quality Commission.
(14) A representative from an equity-focused organization knowledgeable of computer science/STEM education programs, designated by the Superintendent.
(15) A representative from a parent organization, designated by the Superintendent.
(16) A representative representing school administrators and superintendents, designated by the Superintendent.
(17) A pupil enrolled in a public school, designated by the Superintendent.
(18) A representative from a county office of education, designated by the Superintendent.
(c) Administrators from the University of California, the California State University, and the California Community Colleges may serve as advisers to the advisory panel to provide input on the computer science strategic implementation plan.
53311.
(a) On or before July 1, 2018, the computer science strategic implementation advisory panel shall submit recommendations for a computer science strategic implementation plan to the department, the state board, and the Legislature that includes, at a minimum, recommendations on all of the following:
(1) Broadening the pool of teachers to teach computer science. These recommendations may provide, among other things, for the following:
(A) Providing training and professional development for education in computer science pursuant to Section 60605.4.
(B) Creating a teacher certification pathway in computer science.
(C) Expanding scholarship eligibility and loan forgiveness programs for computer science teachers in low-income and underserved school districts and rural and urban school districts.
(2) Defining computer science education principles that meet the needs of pupils in kindergarten and grades 1 to 12, inclusive.
(3) Ensuring that all pupils have access to quality computer science courses. These recommendations may provide, among other things, for the following:
(A) Scaling up computer science education coursework so that all high schools teach at least one computer science course.
(B) Providing access to computer science in both college and career pathways.
(C) Ensuring school districts have adequate broadband connectivity and infrastructure and access to hardware and software. This may include, but is not limited to, the development of grant programs that prioritize high-need school districts.
(D) Removing local policy and regulatory barriers that local educational agencies face when implementing computer science education.
(E) Increasing the participation of pupils traditionally underrepresented in computer science education.
(b) The recommendations shall be submitted to the Legislature in conformance with Section 9795 of the Government Code.
(c) Upon completion of the recommendations for a computer science strategic implementation plan, the computer science strategic implementation advisory panel established pursuant to Section 53310 shall cease to exist.
53312.
(a) The Superintendent shall appoint a statewide computer science liaison within the department to serve the computer science strategic implementation advisory panel, including, but not limited to, in the following actions:
(1) Coordinating the efforts of the advisory panel by writing up the recommendations of the advisory panel members and disseminating them to all stakeholders.
(2) Soliciting input and public comments.
(3) Preparing the necessary legislative reports to share the advisory panel’s recommendations.
(4) Ensuring that the advisory panel’s recommendations adopted by the state board are implemented.
(b) The duration of the liaison’s role shall only be for a limited period of time subsequent to the adoption by the state board of academic content standards in computer science and the curriculum framework for computer science in order to provide technical assistance and support to local educational agencies in commencing implementation of the computer science academic content standards and curriculum framework.
53313.
The department and state board shall consider the recommendations submitted by the computer science strategic implementation advisory panel pursuant to Section 53311. The department shall develop, and the state board shall adopt, a computer science strategic implementation plan on or before January 1, 2019. The department shall submit the plan adopted by the state board to the Legislature in conformance with Section 9795 of the Government Code on or before January 1, 2019.
53314.
If state or federal funds are not available or sufficient for purposes of this chapter, the computer science strategic implementation advisory panel may evaluate the process and ability to accept grants and receive donations and other financial support from public or private sources for purposes of convening the advisory panel, preparing the computer science strategic implementation plan, and ensuring that the computer science strategic implementation plan adopted by the state board is implemented.
53315.
This chapter shall become inoperative on July 31, 2020, and, as of January 1, 2021, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2021, deletes or extends the dates on which it becomes inoperative and is repealed. | Existing law requires the Instructional Quality Commission, on or before July 31, 2019, to consider developing and recommending to the State Board of Education computer science content standards for kindergarten and grades 1 to 12, inclusive, pursuant to recommendations developed by a group of computer science experts convened by the Superintendent of Public Instruction in consultation with the state board.
This bill would require the Superintendent to convene, on or before September 1, 2017, a computer science strategic implementation advisory panel composed of 23 members, as specified, to develop and submit recommendations for a computer science strategic implementation plan to the State Department of Education, the state board, and the Legislature on or before July 1, 2018. The bill would require the department and the state board to consider the advisory panel’s recommendations; the department to develop, and the state board to adopt, a computer science strategic implementation plan on or before January 1, 2019; and the department to submit the plan adopted by the state board to the Legislature on or before January 1, 2019. The bill would require the Superintendent to appoint a statewide computer science liaison to serve the advisory panel, as provided. The bill would authorize the advisory panel, if state or federal funds are not available or sufficient for purposes of these provisions, to evaluate the process and ability to accept grants and receive donations and other financial support from public or private sources for purposes of convening the advisory panel, preparing the computer science strategic implementation plan, and ensuring that the computer science strategic implementation plan adopted by the state board is implemented. The bill’s provisions would be repealed on January 1, 2021. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
(a) The Legislature finds and declares all of the following:
(1) Computer science education is not only about access to computers. It is about innovation and development of technology. Computer science education builds pupils’ computational and critical thinking skills, which enables them to create, and not simply use, the next generation of technological tools. This fundamental knowledge is needed to prepare pupils for the 21st century regardless of their ultimate field of study or occupation.
(2) Computer science drives job creation and innovation throughout our state’s economy. Providing access to computer science education is a critical step for ensuring that California remains competitive in the global economy and strengthens its cybersecurity. Last year, there were over 600,000 technology jobs open across the United States, and, by 2018, 51 percent of all science, technology, engineering, and mathematics (STEM) jobs are projected to be in computer science-related fields. In California, there are currently 86,436 open computing jobs, which is four times the average demand rate in California.
(3) Computing occupations make up two-thirds of all projected new jobs in STEM fields, making computer science one of the most in-demand college degrees. However, California only had 3,525 computer science graduates in 2014 with only 15 percent female graduates.
(4) There are fewer advanced placement (AP) examinations taken in computer science than in any other STEM subject area. Of the high school pupils in California who took the AP computer science examination in 2015, only 26 percent were female, only 973 were Latino, and only 148 were African American. Only 242 schools in California, or 16 percent of California schools with AP programs, offered the AP computer science course in the 2013–14 school year.
(5) President Obama’s Computer Science for All initiative builds on the momentum at the state and local level. The President’s upcoming budget proposes funding for the United States Department of Education, available over three years, for states to increase access to computer science education in elementary and secondary education classrooms. Under the program, states would submit comprehensive five-year “Computer Science for All” plans in order to be eligible for federal funding, and every state with a well-designed strategy would receive funds. In addition to state-level grants, the budget will also dedicate funds for competitive grants specifically for leading districts to execute ambitious computer science education expansion efforts for all pupils, including traditionally underrepresented pupils, with those efforts to serve as models for national replication.
(6) However, access to computer science education for all pupils is still a challenge, especially for underrepresented communities. Only one out of four K–12 schools teaches any computer science, leaving 75 percent of pupils today without the opportunity to develop skills that could help them thrive in the future.
(7) Exposure to computer science at a young age has the potential to address the diversity gap in computer science fields. Girls who take AP computer science in high school are 10 times more likely to major in computer science in college. African American and Latino pupils who take this course in high school are over seven times more likely to major in this field.
(8) A Google-Gallup survey found that nine out of 10 parents say they want computer science taught in their schools, and the majority of parents and teachers believe it should be required learning for 21st century pupils.
(9) Computer science has often been confused with broader technology education in schools. California should adopt distinct standards for computer science focused on both the creation and use of software and computing technologies at all levels of K–12 education.
(b) It is the intent of the Legislature that all pupils in kindergarten and grades 1 to 12, inclusive, have access to computer science education, with a strong focus on pupils underrepresented in computer science, including girls, low-income and underserved school districts, and rural and urban school districts.
(c) It is the intent of the Legislature that the only predetermined outcome be to increase access to computer science in California schools and to account for disparate views as recommendations are provided.
SEC. 2.
Chapter 19 (commencing with Section 53310) is added to Part 28 of Division 4 of Title 2 of the Education Code, to read:
CHAPTER 19. Computer Science Strategic Implementation Plan
53310.
(a) On or before September 1, 2017, the Superintendent shall convene a computer science strategic implementation advisory panel to develop recommendations for a computer science strategic implementation plan. The advisory panel shall hold public meetings, post the location and time of the meetings, and post agendas online. Members of the advisory panel shall possess expertise in computer science.
(b) The advisory panel shall consist of, but not necessarily be limited to, the following members:
(1) The Superintendent or his or her designee, who shall serve as cochair of the advisory panel.
(2) A representative of the Governor, who shall serve as cochair of the advisory panel.
(3) A representative designated by the Senate Committee on Rules.
(4) A representative designated by the Speaker of the Assembly.
(5) (A) Six K–12 teacher representatives, designated by the Superintendent.
(B) It is the intent of the Legislature that these representatives include two elementary school teachers, two middle school teachers, and two high school teachers who are all currently teaching.
(C) It is further the intent of the Legislature that these representatives include one teacher from a large urban school district and one from a rural school district.
(6) A representative representing the Commission on Teacher Credentialing.
(7) A credentialed teacher representing the Computer Science Teachers Association.
(8) A representative of the private sector technology industry, designated by the Superintendent.
(9) A faculty member from the University of California.
(10) A faculty member from the California State University.
(11) A faculty member from the California Community Colleges.
(12) A faculty member from a private postsecondary educational institution, designated by the Superintendent.
(13) A credentialed teacher from the Instructional Quality Commission.
(14) A representative from an equity-focused organization knowledgeable of computer science/STEM education programs, designated by the Superintendent.
(15) A representative from a parent organization, designated by the Superintendent.
(16) A representative representing school administrators and superintendents, designated by the Superintendent.
(17) A pupil enrolled in a public school, designated by the Superintendent.
(18) A representative from a county office of education, designated by the Superintendent.
(c) Administrators from the University of California, the California State University, and the California Community Colleges may serve as advisers to the advisory panel to provide input on the computer science strategic implementation plan.
53311.
(a) On or before July 1, 2018, the computer science strategic implementation advisory panel shall submit recommendations for a computer science strategic implementation plan to the department, the state board, and the Legislature that includes, at a minimum, recommendations on all of the following:
(1) Broadening the pool of teachers to teach computer science. These recommendations may provide, among other things, for the following:
(A) Providing training and professional development for education in computer science pursuant to Section 60605.4.
(B) Creating a teacher certification pathway in computer science.
(C) Expanding scholarship eligibility and loan forgiveness programs for computer science teachers in low-income and underserved school districts and rural and urban school districts.
(2) Defining computer science education principles that meet the needs of pupils in kindergarten and grades 1 to 12, inclusive.
(3) Ensuring that all pupils have access to quality computer science courses. These recommendations may provide, among other things, for the following:
(A) Scaling up computer science education coursework so that all high schools teach at least one computer science course.
(B) Providing access to computer science in both college and career pathways.
(C) Ensuring school districts have adequate broadband connectivity and infrastructure and access to hardware and software. This may include, but is not limited to, the development of grant programs that prioritize high-need school districts.
(D) Removing local policy and regulatory barriers that local educational agencies face when implementing computer science education.
(E) Increasing the participation of pupils traditionally underrepresented in computer science education.
(b) The recommendations shall be submitted to the Legislature in conformance with Section 9795 of the Government Code.
(c) Upon completion of the recommendations for a computer science strategic implementation plan, the computer science strategic implementation advisory panel established pursuant to Section 53310 shall cease to exist.
53312.
(a) The Superintendent shall appoint a statewide computer science liaison within the department to serve the computer science strategic implementation advisory panel, including, but not limited to, in the following actions:
(1) Coordinating the efforts of the advisory panel by writing up the recommendations of the advisory panel members and disseminating them to all stakeholders.
(2) Soliciting input and public comments.
(3) Preparing the necessary legislative reports to share the advisory panel’s recommendations.
(4) Ensuring that the advisory panel’s recommendations adopted by the state board are implemented.
(b) The duration of the liaison’s role shall only be for a limited period of time subsequent to the adoption by the state board of academic content standards in computer science and the curriculum framework for computer science in order to provide technical assistance and support to local educational agencies in commencing implementation of the computer science academic content standards and curriculum framework.
53313.
The department and state board shall consider the recommendations submitted by the computer science strategic implementation advisory panel pursuant to Section 53311. The department shall develop, and the state board shall adopt, a computer science strategic implementation plan on or before January 1, 2019. The department shall submit the plan adopted by the state board to the Legislature in conformance with Section 9795 of the Government Code on or before January 1, 2019.
53314.
If state or federal funds are not available or sufficient for purposes of this chapter, the computer science strategic implementation advisory panel may evaluate the process and ability to accept grants and receive donations and other financial support from public or private sources for purposes of convening the advisory panel, preparing the computer science strategic implementation plan, and ensuring that the computer science strategic implementation plan adopted by the state board is implemented.
53315.
This chapter shall become inoperative on July 31, 2020, and, as of January 1, 2021, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2021, deletes or extends the dates on which it becomes inoperative and is repealed.
### Summary:
This bill would enact the Computer Science for All Act, which would require the Superintendent of Public Instruction to convene a computer science strategic implementation advisory panel to develop recommendations for |
The people of the State of California do enact as follows:
SECTION 1.
Section 10083.2 of the Business and Professions Code is amended to read:
10083.2.
(a) The commissioner shall provide on the Internet information regarding the status of every license issued by the department in accordance with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) and the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). The public information to be provided on the Internet shall include information on suspensions and revocations of licenses issued by the department and accusations filed pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) relative to persons or businesses subject to licensure or regulation by the department. The information shall not include personal information, including home telephone number, date of birth, or social security number. The commissioner shall disclose a licensee’s address of record. However, the commissioner shall allow a licensee to provide a post office box number or other alternate address, instead of his or her home address, as the address of record. This section shall not preclude the commissioner from also requiring a licensee who has provided a post office box number or other alternative mailing address as his or her address of record to provide a physical business address or residence address only for the department’s internal administrative use and not for disclosure as the licensee’s address of record or disclosure on the Internet.
(b) For purposes of this section, “Internet” has the meaning set forth in paragraph (6) of subdivision (f) of Section 17538.
(c) This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
SEC. 1.5.
Section 10083.2 of the Business and Professions Code is amended to read:
10083.2.
(a) The commissioner shall provide on the Internet information regarding the status of every license issued by the department in accordance with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) and the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). The public information to be provided on the Internet shall include information on suspensions and revocations of licenses issued by the department and accusations filed pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) relative to persons or businesses subject to licensure or regulation by the department. The information shall not include personal information, including home telephone number, date of birth, or social security number. The commissioner shall disclose a licensee’s address of record. However, the commissioner shall allow a licensee to provide a post office box number or other alternate address, instead of his or her home address, as the address of record. This section shall not preclude the commissioner from also requiring a licensee who has provided a post office box number or other alternative mailing address as his or her address of record to provide a physical business address or residence address only for the department’s internal administrative use and not for disclosure as the licensee’s address of record or disclosure on the Internet.
(b) For purposes of this section, “Internet” has the meaning set forth in paragraph (6) of subdivision (f) of Section 17538.
(c) Upon petition by a licensee accompanied by a fee sufficient to defray costs associated with consideration of a petition, the commissioner may remove from the posting of discipline described in subdivision (a) an item that has been posted on the bureau’s Internet Web site for no less than 10 years and for which the licensee provides evidence of rehabilitation indicating that the notice is no longer required in order to prevent a credible risk to members of the public utilizing licensed activity of the licensee. In evaluating a petition, the Commissioner shall take into consideration other violations that present a credible risk to the members of the public since the posting of discipline requested for removal.
(d) The bureau may develop, through regulations, the amount of the fee and the minimum information to be included in a licensee’s petition, including, but not limited to, a written justification and evidence of rehabilitation pursuant to Section 482.
(e) “Posted” for purposes of this section is defined as the date of disciplinary action taken by the bureau.
(f) The petition process described by subdivisions (c) and (d) shall commence January 1, 2018.
(g) The bureau shall maintain a list of all licensees whose disciplinary records are altered as a result of a petition approved under subdivision (c). The bureau shall make the list accessible to other licensing bodies. The bureau shall update and provide the list to other licensing bodies as often as it modifies the records displayed on its Internet Web site in response to petitions approved under subdivision (c).
(h) This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
SEC. 2.
Section 10083.2 is added to the Business and Professions Code, to read:
10083.2.
(a) (1) The commissioner shall provide on the Internet information regarding the status of every license issued by the department in accordance with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) and the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code).
(2) The public information to be provided on the Internet shall include information on suspensions and revocations of licenses issued by the department and accusations filed pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) relative to persons or businesses subject to licensure or regulation by the department.
(3) The public information shall not include personal information, including home telephone number, date of birth, or social security number. The commissioner shall disclose a licensee’s address of record. However, the commissioner shall allow a licensee to provide a post office box number or other alternate address, instead of his or her home address, as the address of record. This section shall not preclude the commissioner from also requiring a licensee who has provided a post office box number or other alternative mailing address as his or her address of record to provide a physical business address or residence address only for the department’s internal administrative use and not for disclosure as the licensee’s address of record or disclosure on the Internet.
(4) The public information shall also include whether a licensee is an associate licensee within the meaning of subdivision (b) of Section 2079.13 of the Civil Code and, if the associate licensee is a broker, identify each responsible broker with whom the licensee is contractually associated as described in Section 10032 of this code or Section 2079.13 of the Civil Code.
(b) For purposes of this section, “Internet” has the meaning set forth in paragraph (6) of subdivision (f) of Section 17538.
(c) This section shall become operative January 1, 2018.
SEC. 2.5.
Section 10083.2 is added to the Business and Professions Code, to read:
10083.2.
(a) (1) The commissioner shall provide on the Internet information regarding the status of every license issued by the department in accordance with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) and the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code).
(2) The public information to be provided on the Internet shall include information on suspensions and revocations of licenses issued by the department and accusations filed pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) relative to persons or businesses subject to licensure or regulation by the department.
(3) The public information shall not include personal information, including home telephone number, date of birth, or social security number. The commissioner shall disclose a licensee’s address of record. However, the commissioner shall allow a licensee to provide a post office box number or other alternate address, instead of his or her home address, as the address of record. This section shall not preclude the commissioner from also requiring a licensee who has provided a post office box number or other alternative mailing address as his or her address of record to provide a physical business address or residence address only for the department’s internal administrative use and not for disclosure as the licensee’s address of record or disclosure on the Internet.
(4) The public information shall also include whether a licensee is an associate licensee within the meaning of subdivision (b) of Section 2079.13 of the Civil Code and, if the associate licensee is a broker, identify each responsible broker with whom the licensee is contractually associated as described in Section 10032 of this code or Section 2079.13 of the Civil Code.
(b) For purposes of this section, “Internet” has the meaning set forth in paragraph (6) of subdivision (f) of Section 17538.
(c) Upon petition by a licensee accompanied by a fee sufficient to defray costs associated with consideration of a petition, as described in Section 10223, the commissioner may remove from the posting of discipline described in subdivision (a) an item that has been posted on the bureau’s Internet Web site for no less than 10 years and for which the licensee provides evidence of rehabilitation indicating that the notice is no longer required in order to prevent a credible risk to members of the public utilizing licensed activity of the licensee. In evaluating a petition, the commissioner shall take into consideration other violations that present a credible risk to the members of the public since the posting of discipline requested for removal.
(d) The bureau may develop, through regulations, the amount of the fee and the minimum information to be included in a licensee’s petition, including, but not limited to, a written justification and evidence of rehabilitation pursuant to Section 482.
(e) “Posted” for purposes of this section is defined as the date of disciplinary action taken by the bureau.
(f) The petition process described in subdivisions (c) and (d) shall commence January 1, 2018.
(g) The bureau shall maintain a list of all licensees whose disciplinary records are altered as a result of a petition approved under subdivision (c). The bureau shall make the list accessible to other licensing bodies. The bureau shall update and provide the list to other licensing bodies as often as it modifies the records displayed on its Internet Web site in response to petitions approved under subdivision (c).
(h) This section shall become operative January 1, 2018.
SEC. 3.
Section 10161.8 of the Business and Professions Code is amended to read:
10161.8.
(a) Whenever a real estate salesman enters the employ of a real estate broker, the broker shall immediately notify the commissioner thereof in writing.
(b) Whenever employment of a real estate salesman is terminated, the broker shall immediately notify the commissioner thereof in writing.
(c) Whenever a licensee acquires a business address different from the address shown on his license he shall mark out the former address on the face of the license and type or write the new main office address in ink on the reverse side, and date and initial same.
(d) Whenever a real estate salesman enters the employ of a new real estate broker he shall mark out the name of his former broker on the face of the license and type or write the name of the new employing broker in ink on the reverse side, and date and initial same.
(e) This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
SEC. 4.
Section 10161.8 is added to the Business and Professions Code, to read:
10161.8.
(a) Whenever a real estate salesperson or broker acting as a salesperson enters the employ of a real estate broker, the responsible broker shall immediately notify the commissioner thereof in writing.
(b) Whenever employment of a real estate salesperson or broker acting as a salesperson is terminated, the responsible broker shall immediately notify the commissioner of that termination in writing.
(c) Whenever a licensee acquires a business address different from the address shown on his or her license the licensee shall mark out the former address on the face of the license and type or write the new main office address in ink on the reverse side, and date and initial the same.
(d) Whenever a real estate salesperson enters the employ of a new real estate broker the salesperson shall mark out the name of his or her former broker on the face of the license and type or write the name of the new employing broker in ink on the reverse side, and date and initial the same.
(e) This section shall become operative January 1, 2018.
SEC. 5.
Sections 1.5 and 2.5 of this bill incorporate changes to Section 10083.2 of the Business and Professions Code proposed by both this bill and Assembly Bill 1807. Those sections shall become operative only if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 10083.2 of the Business and Professions Code, and (3) this bill is enacted after Assembly Bill 1807, in which case Sections 1 and 2 of this bill shall not become operative.
SEC. 6.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. | The Real Estate Law provides for the licensure and regulation of real estate brokers and real estate salespersons by the Bureau of Real Estate headed by the Real Estate Commissioner. Existing law requires the commissioner to provide on the Internet specific information regarding the status of every license issued by the department. That law requires a real estate broker to immediately notify the commissioner in writing whenever a real estate salesperson enters the employ of or is terminated by that real estate broker. That law makes a willful or knowing violation of any if its provisions punishable as a misdemeanor.
This bill would, beginning January 1, 2018, require that information to include whether a licensee is an associate licensee and, if the associate licensee is a broker, to identify each responsible broker with whom the licensee is contractually associated. This bill would additionally require a real estate broker to immediately notify the commissioner in writing whenever a real estate broker acting as a salesperson enters the employ of or is terminated by the responsible real estate broker and would make certain nonsubstantive changes. By placing a new requirement on a real estate broker to report to the commissioner regarding the employment or termination of a real estate broker acting as a salesperson, this bill would expand an existing crime.
This bill would incorporate additional changes in Section 10083.2 of the Business and Professions Code, proposed by AB 1807, that would become operative only if AB 1807 and this bill are both chaptered and become effective on or before January 1, 2017, and this bill is chaptered last.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
Section 10083.2 of the Business and Professions Code is amended to read:
10083.2.
(a) The commissioner shall provide on the Internet information regarding the status of every license issued by the department in accordance with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) and the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). The public information to be provided on the Internet shall include information on suspensions and revocations of licenses issued by the department and accusations filed pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) relative to persons or businesses subject to licensure or regulation by the department. The information shall not include personal information, including home telephone number, date of birth, or social security number. The commissioner shall disclose a licensee’s address of record. However, the commissioner shall allow a licensee to provide a post office box number or other alternate address, instead of his or her home address, as the address of record. This section shall not preclude the commissioner from also requiring a licensee who has provided a post office box number or other alternative mailing address as his or her address of record to provide a physical business address or residence address only for the department’s internal administrative use and not for disclosure as the licensee’s address of record or disclosure on the Internet.
(b) For purposes of this section, “Internet” has the meaning set forth in paragraph (6) of subdivision (f) of Section 17538.
(c) This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
SEC. 1.5.
Section 10083.2 of the Business and Professions Code is amended to read:
10083.2.
(a) The commissioner shall provide on the Internet information regarding the status of every license issued by the department in accordance with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) and the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). The public information to be provided on the Internet shall include information on suspensions and revocations of licenses issued by the department and accusations filed pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) relative to persons or businesses subject to licensure or regulation by the department. The information shall not include personal information, including home telephone number, date of birth, or social security number. The commissioner shall disclose a licensee’s address of record. However, the commissioner shall allow a licensee to provide a post office box number or other alternate address, instead of his or her home address, as the address of record. This section shall not preclude the commissioner from also requiring a licensee who has provided a post office box number or other alternative mailing address as his or her address of record to provide a physical business address or residence address only for the department’s internal administrative use and not for disclosure as the licensee’s address of record or disclosure on the Internet.
(b) For purposes of this section, “Internet” has the meaning set forth in paragraph (6) of subdivision (f) of Section 17538.
(c) Upon petition by a licensee accompanied by a fee sufficient to defray costs associated with consideration of a petition, the commissioner may remove from the posting of discipline described in subdivision (a) an item that has been posted on the bureau’s Internet Web site for no less than 10 years and for which the licensee provides evidence of rehabilitation indicating that the notice is no longer required in order to prevent a credible risk to members of the public utilizing licensed activity of the licensee. In evaluating a petition, the Commissioner shall take into consideration other violations that present a credible risk to the members of the public since the posting of discipline requested for removal.
(d) The bureau may develop, through regulations, the amount of the fee and the minimum information to be included in a licensee’s petition, including, but not limited to, a written justification and evidence of rehabilitation pursuant to Section 482.
(e) “Posted” for purposes of this section is defined as the date of disciplinary action taken by the bureau.
(f) The petition process described by subdivisions (c) and (d) shall commence January 1, 2018.
(g) The bureau shall maintain a list of all licensees whose disciplinary records are altered as a result of a petition approved under subdivision (c). The bureau shall make the list accessible to other licensing bodies. The bureau shall update and provide the list to other licensing bodies as often as it modifies the records displayed on its Internet Web site in response to petitions approved under subdivision (c).
(h) This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
SEC. 2.
Section 10083.2 is added to the Business and Professions Code, to read:
10083.2.
(a) (1) The commissioner shall provide on the Internet information regarding the status of every license issued by the department in accordance with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) and the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code).
(2) The public information to be provided on the Internet shall include information on suspensions and revocations of licenses issued by the department and accusations filed pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) relative to persons or businesses subject to licensure or regulation by the department.
(3) The public information shall not include personal information, including home telephone number, date of birth, or social security number. The commissioner shall disclose a licensee’s address of record. However, the commissioner shall allow a licensee to provide a post office box number or other alternate address, instead of his or her home address, as the address of record. This section shall not preclude the commissioner from also requiring a licensee who has provided a post office box number or other alternative mailing address as his or her address of record to provide a physical business address or residence address only for the department’s internal administrative use and not for disclosure as the licensee’s address of record or disclosure on the Internet.
(4) The public information shall also include whether a licensee is an associate licensee within the meaning of subdivision (b) of Section 2079.13 of the Civil Code and, if the associate licensee is a broker, identify each responsible broker with whom the licensee is contractually associated as described in Section 10032 of this code or Section 2079.13 of the Civil Code.
(b) For purposes of this section, “Internet” has the meaning set forth in paragraph (6) of subdivision (f) of Section 17538.
(c) This section shall become operative January 1, 2018.
SEC. 2.5.
Section 10083.2 is added to the Business and Professions Code, to read:
10083.2.
(a) (1) The commissioner shall provide on the Internet information regarding the status of every license issued by the department in accordance with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) and the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code).
(2) The public information to be provided on the Internet shall include information on suspensions and revocations of licenses issued by the department and accusations filed pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) relative to persons or businesses subject to licensure or regulation by the department.
(3) The public information shall not include personal information, including home telephone number, date of birth, or social security number. The commissioner shall disclose a licensee’s address of record. However, the commissioner shall allow a licensee to provide a post office box number or other alternate address, instead of his or her home address, as the address of record. This section shall not preclude the commissioner from also requiring a licensee who has provided a post office box number or other alternative mailing address as his or her address of record to provide a physical business address or residence address only for the department’s internal administrative use and not for disclosure as the licensee’s address of record or disclosure on the Internet.
(4) The public information shall also include whether a licensee is an associate licensee within the meaning of subdivision (b) of Section 2079.13 of the Civil Code and, if the associate licensee is a broker, identify each responsible broker with whom the licensee is contractually associated as described in Section 10032 of this code or Section 2079.13 of the Civil Code.
(b) For purposes of this section, “Internet” has the meaning set forth in paragraph (6) of subdivision (f) of Section 17538.
(c) Upon petition by a licensee accompanied by a fee sufficient to defray costs associated with consideration of a petition, as described in Section 10223, the commissioner may remove from the posting of discipline described in subdivision (a) an item that has been posted on the bureau’s Internet Web site for no less than 10 years and for which the licensee provides evidence of rehabilitation indicating that the notice is no longer required in order to prevent a credible risk to members of the public utilizing licensed activity of the licensee. In evaluating a petition, the commissioner shall take into consideration other violations that present a credible risk to the members of the public since the posting of discipline requested for removal.
(d) The bureau may develop, through regulations, the amount of the fee and the minimum information to be included in a licensee’s petition, including, but not limited to, a written justification and evidence of rehabilitation pursuant to Section 482.
(e) “Posted” for purposes of this section is defined as the date of disciplinary action taken by the bureau.
(f) The petition process described in subdivisions (c) and (d) shall commence January 1, 2018.
(g) The bureau shall maintain a list of all licensees whose disciplinary records are altered as a result of a petition approved under subdivision (c). The bureau shall make the list accessible to other licensing bodies. The bureau shall update and provide the list to other licensing bodies as often as it modifies the records displayed on its Internet Web site in response to petitions approved under subdivision (c).
(h) This section shall become operative January 1, 2018.
SEC. 3.
Section 10161.8 of the Business and Professions Code is amended to read:
10161.8.
(a) Whenever a real estate salesman enters the employ of a real estate broker, the broker shall immediately notify the commissioner thereof in writing.
(b) Whenever employment of a real estate salesman is terminated, the broker shall immediately notify the commissioner thereof in writing.
(c) Whenever a licensee acquires a business address different from the address shown on his license he shall mark out the former address on the face of the license and type or write the new main office address in ink on the reverse side, and date and initial same.
(d) Whenever a real estate salesman enters the employ of a new real estate broker he shall mark out the name of his former broker on the face of the license and type or write the name of the new employing broker in ink on the reverse side, and date and initial same.
(e) This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
SEC. 4.
Section 10161.8 is added to the Business and Professions Code, to read:
10161.8.
(a) Whenever a real estate salesperson or broker acting as a salesperson enters the employ of a real estate broker, the responsible broker shall immediately notify the commissioner thereof in writing.
(b) Whenever employment of a real estate salesperson or broker acting as a salesperson is terminated, the responsible broker shall immediately notify the commissioner of that termination in writing.
(c) Whenever a licensee acquires a business address different from the address shown on his or her license the licensee shall mark out the former address on the face of the license and type or write the new main office address in ink on the reverse side, and date and initial the same.
(d) Whenever a real estate salesperson enters the employ of a new real estate broker the salesperson shall mark out the name of his or her former broker on the face of the license and type or write the name of the new employing broker in ink on the reverse side, and date and initial the same.
(e) This section shall become operative January 1, 2018.
SEC. 5.
Sections 1.5 and 2.5 of this bill incorporate changes to Section 10083.2 of the Business and Professions Code proposed by both this bill and Assembly Bill 1807. Those sections shall become operative only if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 10083.2 of the Business and Professions Code, and (3) this bill is enacted after Assembly Bill 1807, in which case Sections 1 and 2 of this bill shall not become operative.
SEC. 6.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
### Summary:
<bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos> |
The people of the State of California do enact as follows:
SECTION 1.
Section 1632 of the Business and Professions Code is amended to read:
1632.
(a) The board shall require each applicant to successfully complete the Part I and Part II written examinations of the National Board Dental Examination of the Joint Commission on National Dental Examinations.
(b) The board shall require each applicant to successfully complete an examination in California law and ethics developed and administered by the board. The board shall provide a separate application for this examination. The board shall ensure that the law and ethics examination reflects current law and regulations, and ensure that the examinations are randomized. Applicants shall submit this application and required fee to the board in order to take this examination. In addition to the aforementioned application, the only other requirement for taking this examination shall be certification from the dean of the qualifying dental school attended by the applicant that the applicant has graduated, or will graduate, or is expected to graduate. Applicants who submit completed applications and certification from the dean at least 15 days prior to a scheduled examination shall be scheduled to take the examination. Successful results of the examination shall, as established by board regulation, remain valid for two years from the date that the applicant is notified of having passed the examination.
(c) Except as otherwise provided in Section 1632.5, the board shall require each applicant to have taken and received a passing score on one of the following:
(1) A portfolio examination of the applicant’s competence to enter the practice of dentistry. This examination shall be conducted while the applicant is enrolled in a dental school program at a board-approved school located in California. This examination shall utilize uniform standards of clinical experiences and competencies, as approved by the board pursuant to Section 1632.1. The applicant shall pass a final assessment of the submitted portfolio at the end of his or her dental school program. Before any portfolio assessment may be submitted to the board, the applicant shall remit the required fee to the board to be deposited into the State Dentistry Fund, and a letter of good standing signed by the dean of his or her dental school or his or her delegate stating that the applicant has graduated or will graduate with no pending ethical issues.
(A) The portfolio examination shall not be conducted until the board adopts regulations to carry out this paragraph. The board shall post notice on its Internet Web site when these regulations have been adopted.
(B) The board shall also provide written notice to the Legislature and the Legislative Counsel when these regulations have been adopted.
(2) Either one of the following examinations:
(A) A clinical and written examination administered by the Western Regional Examining Board.
(B) The clinical and written examination developed by the American Board of Dental Examiners, Inc.
(d) Notwithstanding subdivision (b) of Section 1628, the board is authorized to do either of the following:
(1) Approve an application for examination from, and to examine an applicant who is enrolled in, but has not yet graduated from, a reputable dental school approved by the board.
(2) Accept the results of an examination described in paragraph (2) of subdivision (c) submitted by an applicant who was enrolled in, but had not graduated from, a reputable dental school approved by the board at the time the examination was administered.
In either case, the board shall require the dean of that school or his or her delegate to furnish satisfactory proof that the applicant will graduate within one year of the date the examination was administered or as provided in paragraph (1) of subdivision (c).
(e) The board may determine the testing format, as related to patients, for the examination provided pursuant to subparagraph (B) of paragraph (2) of subdivision (c).
SEC. 1.5.
Section 1632 of the Business and Professions Code is amended to read:
1632.
(a) The board shall require each applicant to successfully complete the written examination of the National Board Dental Examination of the Joint Commission on National Dental Examinations.
(b) The board shall require each applicant to successfully complete an examination in California law and ethics developed and administered by the board. The board shall provide a separate application for this examination. The board shall ensure that the law and ethics examination reflects current law and regulations, and ensure that the examinations are randomized. Applicants shall submit this application and required fee to the board in order to take this examination. In addition to the aforementioned application, the only other requirement for taking this examination shall be certification from the dean of the qualifying dental school attended by the applicant that the applicant has graduated, or will graduate, or is expected to graduate. Applicants who submit completed applications and certification from the dean at least 15 days prior to a scheduled examination shall be scheduled to take the examination. Successful results of the examination shall, as established by board regulation, remain valid for two years from the date that the applicant is notified of having passed the examination.
(c) Except as otherwise provided in Section 1632.5, the board shall require each applicant to have taken and received a passing score on one of the following:
(1) A portfolio examination of the applicant’s competence to enter the practice of dentistry. This examination shall be conducted while the applicant is enrolled in a dental school program at a board-approved school located in California. This examination shall utilize uniform standards of clinical experiences and competencies, as approved by the board pursuant to Section 1632.1. The applicant shall pass a final assessment of the submitted portfolio at the end of his or her dental school program. Before any portfolio assessment may be submitted to the board, the applicant shall remit the required fee to the board to be deposited into the State Dentistry Fund, and a letter of good standing signed by the dean of his or her dental school or his or her delegate stating that the applicant has graduated or will graduate with no pending ethical issues.
(A) The portfolio examination shall not be conducted until the board adopts regulations to carry out this paragraph. The board shall post notice on its Internet Web site when these regulations have been adopted.
(B) The board shall also provide written notice to the Legislature and the Legislative Counsel when these regulations have been adopted.
(2) Either one of the following examinations:
(A) A clinical and written examination administered by the Western Regional Examining Board.
(B) The clinical and written examination developed by the American Board of Dental Examiners, Inc.
(d) Notwithstanding subdivision (b) of Section 1628, the board is authorized to do either of the following:
(1) Approve an application for examination from, and to examine an applicant who is enrolled in, but has not yet graduated from, a reputable dental school approved by the board.
(2) Accept the results of an examination described in paragraph (2) of subdivision (c) submitted by an applicant who was enrolled in, but had not graduated from, a reputable dental school approved by the board at the time the examination was administered.
In either case, the board shall require the dean of that school or his or her delegate to furnish satisfactory proof that the applicant will graduate within one year of the date the examination was administered or as provided in paragraph (1) of subdivision (c).
(e) The board may determine the testing format, as related to patients, for the examination provided pursuant to subparagraph (B) of paragraph (2) of subdivision (c).
SEC. 2.
Section 1632.55 is added to the Business and Professions Code, to read:
1632.55.
(a) Prior to implementation of subparagraph (B) of paragraph (2) of subdivision (c) of Section 1632, the department’s Office of Professional Examination Services shall review the American Board of Dental Examiners, Inc. examination to ensure compliance with the requirements of Section 139 and to certify that the examination process meets those standards, and deliver this review to the Dental Board of California. If the department determines that the examination process fails to meet those standards, does not deliver the review to the Dental Board of California, or if the American Board of Dental Examiners, Inc. fails to pay the costs and expenses the board incurs, as described in subdivision (d), subparagraph (B) of paragraph (2) of subdivision (c) of Section 1632 shall not be implemented.
(b) The American Board of Dental Examiners, Inc. examination process shall be regularly reviewed by the department pursuant to Section 139.
(c) The American Board of Dental Examiners, Inc. examination shall meet the mandates of subdivision (a) of Section 12944 of the Government Code.
(d) The American Board of Dental Examiners, Inc. shall pay all reasonable costs and expenses the board incurs for the purposes of implementing this section.
(e) The American Board of Dental Examiners, Inc. examination may only be accepted for licensure by a candidate after it is determined that the examination has met the requirements of this section. Examinations taken prior to that date may not be used for licensure.
SEC. 3.
Section 1632.7 is added to the Business and Professions Code, to read:
1632.7.
The Department of Finance may accept funds pursuant to Sections 11005.1 and 16302 of the Government Code for the purposes of reviewing and analyzing the examination developed by the American Board of Dental Examiners, Inc., as described in Section 1632.55.
SEC. 4.
Section 1.5 of this bill incorporates amendments to Section 1632 of the Business and Professions Code proposed by both this bill and Senate Bill 1478. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 1632 of the Business and Professions Code, and (3) this bill is enacted after Senate Bill 1478, in which case Section 1 of this bill shall not become operative. | The Dental Practice Act provides for the licensure and regulation of dentists and associated professions by the Dental Board of California within the Department of Consumer Affairs. The act requires each applicant for a license to practice dentistry to successfully complete specified examinations, including receiving a passing score on either a portfolio examination, as specified, or a clinical and written examination administered by the Western Regional Examining Board, which determines the passing score for that examination.
This bill would additionally allow an applicant to satisfy that examination requirement by receiving a passing score on the clinical and written examination developed by the American Board of Dental Examiners, Inc., subject to prior review and approval of the examination by the Office of Professional Examination Services, as provided, delivery of this review to the Dental Board of California, and payment of specified expenses incurred by the board.
Existing law authorizes the Director of Finance to accept on behalf of the state any gift of real or personal property whenever he or she deems the gift and the terms and conditions thereof to be in the best interest of the state. Existing law establishes the Special Deposit Fund, a continuously appropriated fund, which consists of money that is paid into it in trust pursuant to law when no other fund has been created to receive that money.
This bill would authorize the Department of Finance to accept funds for the purposes of reviewing and analyzing the dental examination developed by the American Board of Dental Examiners, Inc., described above. Because these funds would be deposited in the Special Deposit Fund, a continuously appropriated fund, this bill would make an appropriation.
This bill would incorporate additional changes to Section 1632 of the Business and Professions Code proposed by SB 1478 that would become operative if this bill and SB 1478 are enacted and this bill is enacted last. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
Section 1632 of the Business and Professions Code is amended to read:
1632.
(a) The board shall require each applicant to successfully complete the Part I and Part II written examinations of the National Board Dental Examination of the Joint Commission on National Dental Examinations.
(b) The board shall require each applicant to successfully complete an examination in California law and ethics developed and administered by the board. The board shall provide a separate application for this examination. The board shall ensure that the law and ethics examination reflects current law and regulations, and ensure that the examinations are randomized. Applicants shall submit this application and required fee to the board in order to take this examination. In addition to the aforementioned application, the only other requirement for taking this examination shall be certification from the dean of the qualifying dental school attended by the applicant that the applicant has graduated, or will graduate, or is expected to graduate. Applicants who submit completed applications and certification from the dean at least 15 days prior to a scheduled examination shall be scheduled to take the examination. Successful results of the examination shall, as established by board regulation, remain valid for two years from the date that the applicant is notified of having passed the examination.
(c) Except as otherwise provided in Section 1632.5, the board shall require each applicant to have taken and received a passing score on one of the following:
(1) A portfolio examination of the applicant’s competence to enter the practice of dentistry. This examination shall be conducted while the applicant is enrolled in a dental school program at a board-approved school located in California. This examination shall utilize uniform standards of clinical experiences and competencies, as approved by the board pursuant to Section 1632.1. The applicant shall pass a final assessment of the submitted portfolio at the end of his or her dental school program. Before any portfolio assessment may be submitted to the board, the applicant shall remit the required fee to the board to be deposited into the State Dentistry Fund, and a letter of good standing signed by the dean of his or her dental school or his or her delegate stating that the applicant has graduated or will graduate with no pending ethical issues.
(A) The portfolio examination shall not be conducted until the board adopts regulations to carry out this paragraph. The board shall post notice on its Internet Web site when these regulations have been adopted.
(B) The board shall also provide written notice to the Legislature and the Legislative Counsel when these regulations have been adopted.
(2) Either one of the following examinations:
(A) A clinical and written examination administered by the Western Regional Examining Board.
(B) The clinical and written examination developed by the American Board of Dental Examiners, Inc.
(d) Notwithstanding subdivision (b) of Section 1628, the board is authorized to do either of the following:
(1) Approve an application for examination from, and to examine an applicant who is enrolled in, but has not yet graduated from, a reputable dental school approved by the board.
(2) Accept the results of an examination described in paragraph (2) of subdivision (c) submitted by an applicant who was enrolled in, but had not graduated from, a reputable dental school approved by the board at the time the examination was administered.
In either case, the board shall require the dean of that school or his or her delegate to furnish satisfactory proof that the applicant will graduate within one year of the date the examination was administered or as provided in paragraph (1) of subdivision (c).
(e) The board may determine the testing format, as related to patients, for the examination provided pursuant to subparagraph (B) of paragraph (2) of subdivision (c).
SEC. 1.5.
Section 1632 of the Business and Professions Code is amended to read:
1632.
(a) The board shall require each applicant to successfully complete the written examination of the National Board Dental Examination of the Joint Commission on National Dental Examinations.
(b) The board shall require each applicant to successfully complete an examination in California law and ethics developed and administered by the board. The board shall provide a separate application for this examination. The board shall ensure that the law and ethics examination reflects current law and regulations, and ensure that the examinations are randomized. Applicants shall submit this application and required fee to the board in order to take this examination. In addition to the aforementioned application, the only other requirement for taking this examination shall be certification from the dean of the qualifying dental school attended by the applicant that the applicant has graduated, or will graduate, or is expected to graduate. Applicants who submit completed applications and certification from the dean at least 15 days prior to a scheduled examination shall be scheduled to take the examination. Successful results of the examination shall, as established by board regulation, remain valid for two years from the date that the applicant is notified of having passed the examination.
(c) Except as otherwise provided in Section 1632.5, the board shall require each applicant to have taken and received a passing score on one of the following:
(1) A portfolio examination of the applicant’s competence to enter the practice of dentistry. This examination shall be conducted while the applicant is enrolled in a dental school program at a board-approved school located in California. This examination shall utilize uniform standards of clinical experiences and competencies, as approved by the board pursuant to Section 1632.1. The applicant shall pass a final assessment of the submitted portfolio at the end of his or her dental school program. Before any portfolio assessment may be submitted to the board, the applicant shall remit the required fee to the board to be deposited into the State Dentistry Fund, and a letter of good standing signed by the dean of his or her dental school or his or her delegate stating that the applicant has graduated or will graduate with no pending ethical issues.
(A) The portfolio examination shall not be conducted until the board adopts regulations to carry out this paragraph. The board shall post notice on its Internet Web site when these regulations have been adopted.
(B) The board shall also provide written notice to the Legislature and the Legislative Counsel when these regulations have been adopted.
(2) Either one of the following examinations:
(A) A clinical and written examination administered by the Western Regional Examining Board.
(B) The clinical and written examination developed by the American Board of Dental Examiners, Inc.
(d) Notwithstanding subdivision (b) of Section 1628, the board is authorized to do either of the following:
(1) Approve an application for examination from, and to examine an applicant who is enrolled in, but has not yet graduated from, a reputable dental school approved by the board.
(2) Accept the results of an examination described in paragraph (2) of subdivision (c) submitted by an applicant who was enrolled in, but had not graduated from, a reputable dental school approved by the board at the time the examination was administered.
In either case, the board shall require the dean of that school or his or her delegate to furnish satisfactory proof that the applicant will graduate within one year of the date the examination was administered or as provided in paragraph (1) of subdivision (c).
(e) The board may determine the testing format, as related to patients, for the examination provided pursuant to subparagraph (B) of paragraph (2) of subdivision (c).
SEC. 2.
Section 1632.55 is added to the Business and Professions Code, to read:
1632.55.
(a) Prior to implementation of subparagraph (B) of paragraph (2) of subdivision (c) of Section 1632, the department’s Office of Professional Examination Services shall review the American Board of Dental Examiners, Inc. examination to ensure compliance with the requirements of Section 139 and to certify that the examination process meets those standards, and deliver this review to the Dental Board of California. If the department determines that the examination process fails to meet those standards, does not deliver the review to the Dental Board of California, or if the American Board of Dental Examiners, Inc. fails to pay the costs and expenses the board incurs, as described in subdivision (d), subparagraph (B) of paragraph (2) of subdivision (c) of Section 1632 shall not be implemented.
(b) The American Board of Dental Examiners, Inc. examination process shall be regularly reviewed by the department pursuant to Section 139.
(c) The American Board of Dental Examiners, Inc. examination shall meet the mandates of subdivision (a) of Section 12944 of the Government Code.
(d) The American Board of Dental Examiners, Inc. shall pay all reasonable costs and expenses the board incurs for the purposes of implementing this section.
(e) The American Board of Dental Examiners, Inc. examination may only be accepted for licensure by a candidate after it is determined that the examination has met the requirements of this section. Examinations taken prior to that date may not be used for licensure.
SEC. 3.
Section 1632.7 is added to the Business and Professions Code, to read:
1632.7.
The Department of Finance may accept funds pursuant to Sections 11005.1 and 16302 of the Government Code for the purposes of reviewing and analyzing the examination developed by the American Board of Dental Examiners, Inc., as described in Section 1632.55.
SEC. 4.
Section 1.5 of this bill incorporates amendments to Section 1632 of the Business and Professions Code proposed by both this bill and Senate Bill 1478. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 1632 of the Business and Professions Code, and (3) this bill is enacted after Senate Bill 1478, in which case Section 1 of this bill shall not become operative.
### Summary:
<bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos> |
The people of the State of California do enact as follows:
SECTION 1.
Section 490.5 of the Penal Code is amended to read:
490.5.
(a) Upon a first conviction for petty theft involving merchandise taken from a merchant’s premises or a book or other library materials taken from a library facility, a person shall be punished by a mandatory fine of not less than fifty dollars ($50) and not more than one thousand dollars ($1,000) for each
such
violation; and may also be punished by imprisonment in the county jail, not exceeding six months, or both
such
that
fine and imprisonment.
(b)
When
If
an unemancipated minor’s willful conduct would constitute petty theft involving merchandise taken from a merchant’s premises or a book or other library materials taken from a library facility,
any
a
merchant or library facility
who
that
has been injured by that conduct may bring a civil action against the parent or legal guardian having control and custody of the minor. For the purposes of those actions the misconduct of the unemancipated minor shall be imputed to the parent or legal guardian having control and custody of the minor. The parent or legal guardian having control or custody of an unemancipated minor whose conduct violates this subdivision shall be jointly and severally liable with the minor to a merchant or to a library facility for damages of not less than fifty dollars ($50) nor more than five hundred dollars ($500), plus costs. In addition to the foregoing damages, the parent or legal guardian shall be jointly and severally liable with the minor to the merchant for the retail value of the merchandise if it is not recovered in a merchantable condition, or to a library facility for the fair market value of its book or other library materials. Recovery of these damages may be had in addition to, and is not limited by, any other provision of law which limits the liability of a parent or legal guardian for the tortious conduct of a minor. An action for recovery of damages, pursuant to this subdivision, may be brought in small claims court if the total damages do not exceed the jurisdictional limit of that court, or in any other appropriate court; however, total damages, including the value of the merchandise or book or other library materials, shall not exceed five hundred dollars ($500) for each action brought under this section.
The provisions of this subdivision are in addition to other civil remedies and do not limit merchants or other persons to elect to pursue other civil remedies, except that the provisions of Section 1714.1 of the Civil Code shall not apply herein.
(c)
When
If
an adult or emancipated minor has unlawfully taken merchandise from a merchant’s premises, or a book or other library materials from a library facility, the adult or emancipated minor shall be liable to the merchant or library facility for damages of not less than fifty dollars ($50) nor more than five hundred dollars ($500), plus costs. In addition to the foregoing damages, the adult or emancipated minor shall be liable to the merchant for the retail value of the merchandise if it is not recovered in merchantable condition, or to a library facility for the fair market value of its book or other library materials. An action for recovery of damages, pursuant to this subdivision, may be brought in small claims court if the total damages do not exceed the jurisdictional limit of such court, or in any other appropriate court. The provisions of this subdivision are in addition to other civil remedies and do not limit merchants or other persons to elect to pursue other civil remedies.
(d) In lieu of the fines prescribed by subdivision (a), any person may be required to perform public services designated by the court, provided that in no event shall any
such
person be required to perform less than the number of hours of
such
public service necessary to satisfy the fine assessed by the court as provided by subdivision (a) at the minimum wage prevailing in the state at the time of sentencing.
(e) All fines collected under this section shall be collected and distributed in accordance with Sections 1463 and 1463.1 of the Penal Code; provided, however, that a county may, by a majority vote of the members of its board of supervisors, allocate any amount up to, but not exceeding 50 percent of such fines to the county superintendent of schools for allocation to local school districts. The fines allocated shall be administered by the county superintendent of schools to finance public school programs, which provide counseling or other educational services designed to discourage shoplifting, theft, and burglary. Subject to rules and regulations
as may be
adopted by the Superintendent of Public Instruction, each county superintendent of schools shall allocate
such
funds to school districts within the county
which
that
submit project applications designed to further the educational purposes of this section. The costs of administration of this section by each county superintendent of schools shall be paid from the funds allocated to the county superintendent of schools.
(f) (1) A merchant may detain a person for a reasonable time for the purpose of conducting an investigation in a reasonable manner whenever the merchant has probable cause to believe the person to be detained is attempting to unlawfully take or has unlawfully taken merchandise from the merchant’s premises.
A theater owner may detain a person for a reasonable time for the purpose of conducting an investigation in a reasonable manner whenever the theater owner has probable cause to believe the person to be detained is attempting to operate a video recording device within the premises of a motion picture theater without the authority of the owner of the theater.
A person employed by a library facility may detain a person for a reasonable time for the purpose of conducting an investigation in a reasonable manner whenever the person employed by a library facility has probable cause to believe the person to be detained is attempting to unlawfully remove or has unlawfully removed books or library materials from the premises of the library facility.
(2) In making the detention a merchant, theater owner, or a person employed by a library facility may use a reasonable amount of nondeadly force necessary to protect himself or herself and to prevent escape of the person detained or the loss of tangible or intangible property.
(3) During the period of detention any items
which
that
a merchant or theater owner, or any items
which
that
a person employed by a library facility has probable cause to believe are unlawfully taken from the premises of the merchant or library facility, or recorded on theater premises, and
which
that
are in plain view may be examined by the merchant, theater owner, or person employed by a library facility for the purposes of ascertaining the ownership thereof.
(4) A merchant, theater owner, a person employed by a library facility, or an agent thereof, having probable cause to believe the person detained was attempting to unlawfully take or has taken any item from the premises, or was attempting to operate a video recording device within the premises of a motion picture theater without the authority of the owner of the theater, may request the person detained to voluntarily surrender the item or recording. Should the person detained refuse to surrender the recording or item of which there is probable cause to believe has been recorded on or unlawfully taken from the premises, or attempted to be recorded or unlawfully taken from the premises, a limited and reasonable search may be conducted by those authorized to make the detention in order to recover the item. Only packages, shopping bags, handbags or other property in the immediate possession of the person detained, but not including any clothing worn by the person, may be searched pursuant to this subdivision. Upon surrender or discovery of the item, the person detained may also be requested, but may not be required, to provide adequate proof of his or her true identity.
(5) If any person admitted to a theater in which a motion picture is to be or is being exhibited, refuses or fails to give or surrender possession or to cease operation of any video recording device that the person has brought into or attempts to bring into that theater, then a theater owner shall have the right to refuse admission to that person or request that the person leave the premises and shall thereupon offer to refund and, unless that offer is refused, refund to that person the price paid by that person for admission to that theater. If the person thereafter refuses to leave the theater or cease operation of the video recording device, then the person shall be deemed to be intentionally interfering with and obstructing those attempting to carry on a lawful business within the meaning of Section 602.1.
(6) A peace officer who accepts custody of a person arrested for an offense contained in this section may, subsequent to the arrest, search the person arrested and his or her immediate possessions for any item or items alleged to have been taken.
(7) In any civil action brought by any person resulting from a detention or arrest by a merchant, it shall be a defense to
such
the
action that the merchant detaining or arresting
such
the
person had probable cause to believe that the person had stolen or attempted to steal merchandise and that the merchant acted reasonably under all the circumstances.
In any civil action brought by any person resulting from a detention or arrest by a theater owner or person employed by a library facility, it shall be a defense to that action that the theater owner or person employed by a library facility detaining or arresting that person had probable cause to believe that the person was attempting to operate a video recording device within the premises of a motion picture theater without the authority of the owner of the theater or had stolen or attempted to steal books or library materials and that the person employed by a library facility acted reasonably under all the circumstances.
(g) As used in this section:
(1) “Merchandise” means any personal property, capable of manual delivery, displayed, held or offered for retail sale by a merchant.
(2) “Merchant” means an owner or operator, and the agent, consignee, employee, lessee, or officer of an owner or operator, of any premises used for the retail purchase or sale of any personal property capable of manual delivery.
(3) “Theater owner” means an owner or operator, and the agent, employee, consignee, lessee, or officer of an owner or operator, of any premises used for the exhibition or performance of motion pictures to the general public.
(4) The terms “book or other library materials” include any book, plate, picture, photograph, engraving, painting, drawing, map, newspaper, magazine, pamphlet, broadside, manuscript, document, letter, public record, microform, sound recording, audiovisual material in any format, magnetic or other tape, electronic data-processing record, artifact, or other documentary, written or printed material regardless of physical form or characteristics, or any part thereof, belonging to, on loan to, or otherwise in the custody of a library facility.
(5) The term “library facility” includes any public library; any library of an educational, historical or eleemosynary institution, organization or society; any museum; any repository of public records.
(h) Any library facility shall post at its entrance and exit a conspicuous sign to read as follows:
“IN ORDER TO PREVENT THE THEFT OF BOOKS AND LIBRARY MATERIALS, STATE LAW AUTHORIZES THE DETENTION FOR A REASONABLE PERIOD OF ANY PERSON USING THESE FACILITIES SUSPECTED OF COMMITTING “LIBRARY THEFT” (PENAL CODE SECTION 490.5).”
(i) Nothing in this section nor any other provision of law precludes a merchant from offering a person suspected of theft an opportunity to complete a precomplaint diversion program in lieu of arrest and criminal prosecution or precludes a merchant from informing a person suspected of theft of the criminal or civil remedies available to the merchant.
SECTION 1.
Section 4030 of the
Penal Code
is amended to read:
4030.
(a)(1)The Legislature finds and declares that law enforcement policies and practices for conducting strip or body cavity searches of detained persons vary widely throughout California. Consequently, some people have been arbitrarily subjected to unnecessary strip and body cavity searches after arrests for minor misdemeanor and infraction offenses. Some present search practices violate state and federal constitutional rights to privacy and freedom from unreasonable searches and seizures.
(2)It is the intent of the Legislature in enacting this section to protect the state and federal constitutional rights of the people of California by establishing a statewide policy strictly limiting strip and body cavity searches.
(b)The provisions of this section shall apply only to prearraignment detainees arrested for infraction or misdemeanor offenses and to any minor detained prior to a detention hearing on the grounds that he or she is a person described in Section 300, 601, or 602 of the Welfare and Institutions Code alleged to have committed a misdemeanor or infraction offense. The provisions of this section shall not apply to a person in the custody of the Secretary of the Department of Corrections and Rehabilitation or the Director of the Division of Juvenile Justice in the Department of Corrections and Rehabilitation.
(c)As used in this section, the following definitions shall apply:
(1)“Body cavity” only means the stomach or rectal cavity of a person, and vagina of a female person.
(2)“Physical body cavity search” means physical intrusion into a body cavity for the purpose of discovering any object concealed in the body cavity.
(3)“Strip search” means a search which requires a person to remove or arrange some or all of his or her clothing so as to permit a visual inspection of the underclothing, breasts, buttocks, or genitalia of that person.
(4)“Visual body cavity search” means visual inspection of a body cavity.
(d)Notwithstanding any other law, including Section 40304.5 of the Vehicle Code, if a person is arrested and taken into custody, that person may be subjected to patdown searches, metal detector searches, and thorough clothing searches in order to discover and retrieve concealed weapons and contraband substances prior to being placed in a booking cell.
(e)A person who is arrested and held in custody on a misdemeanor or infraction offense, except those involving weapons, controlled substances, or violence, or a minor detained prior to a detention hearing on the grounds that he or she is a person described in Section 300, 601 or 602 of the Welfare and Institutions Code, except for those minors alleged to have committed felonies or offenses involving weapons, controlled substances, or violence, shall not be subjected to a strip search or visual body cavity search prior to placement in the general jail population, unless a peace officer has determined there is reasonable suspicion, based on specific and articulable facts, to believe that person is concealing a weapon or contraband, and a strip search will result in the discovery of the weapon or contraband. A strip search or visual body cavity search, or both, shall not be conducted without the prior written authorization of the supervising officer on duty. The authorization shall include the specific and articulable facts and circumstances upon which the reasonable suspicion determination was made by the supervisor.
(f)(1)Except pursuant to the provisions of paragraph (2), a person arrested and held in custody on a misdemeanor or infraction offense not involving weapons, controlled substances, or violence, shall not be confined in the general jail population unless all of the following are true:
(A)The person is not cited and released.
(B)The person is not released on his or her own recognizance pursuant to Article 9 (commencing with Section 1318) of Chapter 1 of Title 10 of Part 2.
(C)The person is not able to post bail within a reasonable time, not less than three hours.
(2)A person shall not be housed in the general jail population prior to release pursuant to the provisions of paragraph (1) unless a documented emergency exists and there is no reasonable alternative to that placement. The person shall be placed in the general population only upon prior written authorization documenting the specific facts and circumstances of the emergency. The written authorization shall be signed by the uniformed supervisor of the facility or by a uniformed watch commander. A person confined in the general jail population pursuant to paragraph (1) shall retain all rights to release on citation, his or her own recognizance, or bail that were preempted as a consequence of the emergency.
(g)A person who is arrested on a misdemeanor or infraction offense, or a minor described in subdivision (b), shall not be subjected to a physical body cavity search except under the authority of a search warrant issued by a magistrate specifically authorizing the physical body cavity search.
(h)A copy of the prior written authorization required by subdivisions (e) and (f) and the search warrant required by subdivision (g) shall be placed in the agency’s records and made available, on request, to the person searched or his or her authorized representative. With regard to a strip search or visual or physical body cavity search, the time, date, and place of the search, the name and sex of the person conducting the search, and a statement of the results of the search, including a list of items removed from the person searched, shall be recorded in the agency’s records and made available, upon request, to the person searched or his or her authorized representative.
(i)Persons conducting a strip search or a visual body cavity search shall not touch the breasts, buttocks, or genitalia of the person being searched.
(j)A physical body cavity search shall be conducted under sanitary conditions, and only by a physician, nurse practitioner, registered nurse, licensed vocational nurse, or emergency medical technician Level II licensed to practice in this state. A physician engaged in providing health care to detainees and inmates of the facility may conduct physical body cavity searches.
(k)A person conducting or otherwise present or within sight of the inmate during a strip search or visual or physical body cavity search shall be of the same sex as the person being searched, except for physicians or licensed medical personnel.
(l)All strip, visual, and physical body cavity searches shall be conducted in an area of privacy so that the search cannot be observed by persons not participating in the search. Persons are considered to be participating in the search if their official duties relative to search procedure require them to be present at the time the search is conducted.
(m)A person who knowingly and willfully authorizes or conducts a strip search or visual or physical body cavity search in violation of this section is guilty of a misdemeanor.
(n)This section does not limit the common law or statutory rights of a person regarding an action for damages or injunctive relief, or preclude the prosecution under another law of a peace officer or other person who has violated this section.
(o)Any person who suffers damage or harm as a result of a violation of this section may bring a civil action to recover actual damages, or one thousand dollars ($1,000), whichever is greater. In addition, the court may, in its discretion, award punitive damages, equitable relief as it deems necessary and proper, and costs, including reasonable attorney’s fees. | Existing law makes petty theft involving merchandise taken from a merchant’s premises punishable by a fine of not less than $50 and not more than $1,000, and imprisonment in the county jail not exceeding 6 months.
This bill would provide that nothing in that section or any other law precludes a merchant from offering a person suspected of theft an opportunity to complete a precomplaint diversion program in lieu of arrest and criminal prosecution, or informing a person suspected of theft of the criminal civil remedies available to the merchant.
Existing law generally prohibits strip searches and body cavity searches of prearraignment detainees arrested for infraction or misdemeanor offenses. Existing law allows a person who has been arrested and taken into custody to be subjected to patdown searches, metal detector searches, and thorough clothing searches in order to discover and retrieve concealed weapons and contraband substances prior to being placed in a booking cell.
This bill would make technical, nonsubstantive changes to those provisions. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
Section 490.5 of the Penal Code is amended to read:
490.5.
(a) Upon a first conviction for petty theft involving merchandise taken from a merchant’s premises or a book or other library materials taken from a library facility, a person shall be punished by a mandatory fine of not less than fifty dollars ($50) and not more than one thousand dollars ($1,000) for each
such
violation; and may also be punished by imprisonment in the county jail, not exceeding six months, or both
such
that
fine and imprisonment.
(b)
When
If
an unemancipated minor’s willful conduct would constitute petty theft involving merchandise taken from a merchant’s premises or a book or other library materials taken from a library facility,
any
a
merchant or library facility
who
that
has been injured by that conduct may bring a civil action against the parent or legal guardian having control and custody of the minor. For the purposes of those actions the misconduct of the unemancipated minor shall be imputed to the parent or legal guardian having control and custody of the minor. The parent or legal guardian having control or custody of an unemancipated minor whose conduct violates this subdivision shall be jointly and severally liable with the minor to a merchant or to a library facility for damages of not less than fifty dollars ($50) nor more than five hundred dollars ($500), plus costs. In addition to the foregoing damages, the parent or legal guardian shall be jointly and severally liable with the minor to the merchant for the retail value of the merchandise if it is not recovered in a merchantable condition, or to a library facility for the fair market value of its book or other library materials. Recovery of these damages may be had in addition to, and is not limited by, any other provision of law which limits the liability of a parent or legal guardian for the tortious conduct of a minor. An action for recovery of damages, pursuant to this subdivision, may be brought in small claims court if the total damages do not exceed the jurisdictional limit of that court, or in any other appropriate court; however, total damages, including the value of the merchandise or book or other library materials, shall not exceed five hundred dollars ($500) for each action brought under this section.
The provisions of this subdivision are in addition to other civil remedies and do not limit merchants or other persons to elect to pursue other civil remedies, except that the provisions of Section 1714.1 of the Civil Code shall not apply herein.
(c)
When
If
an adult or emancipated minor has unlawfully taken merchandise from a merchant’s premises, or a book or other library materials from a library facility, the adult or emancipated minor shall be liable to the merchant or library facility for damages of not less than fifty dollars ($50) nor more than five hundred dollars ($500), plus costs. In addition to the foregoing damages, the adult or emancipated minor shall be liable to the merchant for the retail value of the merchandise if it is not recovered in merchantable condition, or to a library facility for the fair market value of its book or other library materials. An action for recovery of damages, pursuant to this subdivision, may be brought in small claims court if the total damages do not exceed the jurisdictional limit of such court, or in any other appropriate court. The provisions of this subdivision are in addition to other civil remedies and do not limit merchants or other persons to elect to pursue other civil remedies.
(d) In lieu of the fines prescribed by subdivision (a), any person may be required to perform public services designated by the court, provided that in no event shall any
such
person be required to perform less than the number of hours of
such
public service necessary to satisfy the fine assessed by the court as provided by subdivision (a) at the minimum wage prevailing in the state at the time of sentencing.
(e) All fines collected under this section shall be collected and distributed in accordance with Sections 1463 and 1463.1 of the Penal Code; provided, however, that a county may, by a majority vote of the members of its board of supervisors, allocate any amount up to, but not exceeding 50 percent of such fines to the county superintendent of schools for allocation to local school districts. The fines allocated shall be administered by the county superintendent of schools to finance public school programs, which provide counseling or other educational services designed to discourage shoplifting, theft, and burglary. Subject to rules and regulations
as may be
adopted by the Superintendent of Public Instruction, each county superintendent of schools shall allocate
such
funds to school districts within the county
which
that
submit project applications designed to further the educational purposes of this section. The costs of administration of this section by each county superintendent of schools shall be paid from the funds allocated to the county superintendent of schools.
(f) (1) A merchant may detain a person for a reasonable time for the purpose of conducting an investigation in a reasonable manner whenever the merchant has probable cause to believe the person to be detained is attempting to unlawfully take or has unlawfully taken merchandise from the merchant’s premises.
A theater owner may detain a person for a reasonable time for the purpose of conducting an investigation in a reasonable manner whenever the theater owner has probable cause to believe the person to be detained is attempting to operate a video recording device within the premises of a motion picture theater without the authority of the owner of the theater.
A person employed by a library facility may detain a person for a reasonable time for the purpose of conducting an investigation in a reasonable manner whenever the person employed by a library facility has probable cause to believe the person to be detained is attempting to unlawfully remove or has unlawfully removed books or library materials from the premises of the library facility.
(2) In making the detention a merchant, theater owner, or a person employed by a library facility may use a reasonable amount of nondeadly force necessary to protect himself or herself and to prevent escape of the person detained or the loss of tangible or intangible property.
(3) During the period of detention any items
which
that
a merchant or theater owner, or any items
which
that
a person employed by a library facility has probable cause to believe are unlawfully taken from the premises of the merchant or library facility, or recorded on theater premises, and
which
that
are in plain view may be examined by the merchant, theater owner, or person employed by a library facility for the purposes of ascertaining the ownership thereof.
(4) A merchant, theater owner, a person employed by a library facility, or an agent thereof, having probable cause to believe the person detained was attempting to unlawfully take or has taken any item from the premises, or was attempting to operate a video recording device within the premises of a motion picture theater without the authority of the owner of the theater, may request the person detained to voluntarily surrender the item or recording. Should the person detained refuse to surrender the recording or item of which there is probable cause to believe has been recorded on or unlawfully taken from the premises, or attempted to be recorded or unlawfully taken from the premises, a limited and reasonable search may be conducted by those authorized to make the detention in order to recover the item. Only packages, shopping bags, handbags or other property in the immediate possession of the person detained, but not including any clothing worn by the person, may be searched pursuant to this subdivision. Upon surrender or discovery of the item, the person detained may also be requested, but may not be required, to provide adequate proof of his or her true identity.
(5) If any person admitted to a theater in which a motion picture is to be or is being exhibited, refuses or fails to give or surrender possession or to cease operation of any video recording device that the person has brought into or attempts to bring into that theater, then a theater owner shall have the right to refuse admission to that person or request that the person leave the premises and shall thereupon offer to refund and, unless that offer is refused, refund to that person the price paid by that person for admission to that theater. If the person thereafter refuses to leave the theater or cease operation of the video recording device, then the person shall be deemed to be intentionally interfering with and obstructing those attempting to carry on a lawful business within the meaning of Section 602.1.
(6) A peace officer who accepts custody of a person arrested for an offense contained in this section may, subsequent to the arrest, search the person arrested and his or her immediate possessions for any item or items alleged to have been taken.
(7) In any civil action brought by any person resulting from a detention or arrest by a merchant, it shall be a defense to
such
the
action that the merchant detaining or arresting
such
the
person had probable cause to believe that the person had stolen or attempted to steal merchandise and that the merchant acted reasonably under all the circumstances.
In any civil action brought by any person resulting from a detention or arrest by a theater owner or person employed by a library facility, it shall be a defense to that action that the theater owner or person employed by a library facility detaining or arresting that person had probable cause to believe that the person was attempting to operate a video recording device within the premises of a motion picture theater without the authority of the owner of the theater or had stolen or attempted to steal books or library materials and that the person employed by a library facility acted reasonably under all the circumstances.
(g) As used in this section:
(1) “Merchandise” means any personal property, capable of manual delivery, displayed, held or offered for retail sale by a merchant.
(2) “Merchant” means an owner or operator, and the agent, consignee, employee, lessee, or officer of an owner or operator, of any premises used for the retail purchase or sale of any personal property capable of manual delivery.
(3) “Theater owner” means an owner or operator, and the agent, employee, consignee, lessee, or officer of an owner or operator, of any premises used for the exhibition or performance of motion pictures to the general public.
(4) The terms “book or other library materials” include any book, plate, picture, photograph, engraving, painting, drawing, map, newspaper, magazine, pamphlet, broadside, manuscript, document, letter, public record, microform, sound recording, audiovisual material in any format, magnetic or other tape, electronic data-processing record, artifact, or other documentary, written or printed material regardless of physical form or characteristics, or any part thereof, belonging to, on loan to, or otherwise in the custody of a library facility.
(5) The term “library facility” includes any public library; any library of an educational, historical or eleemosynary institution, organization or society; any museum; any repository of public records.
(h) Any library facility shall post at its entrance and exit a conspicuous sign to read as follows:
“IN ORDER TO PREVENT THE THEFT OF BOOKS AND LIBRARY MATERIALS, STATE LAW AUTHORIZES THE DETENTION FOR A REASONABLE PERIOD OF ANY PERSON USING THESE FACILITIES SUSPECTED OF COMMITTING “LIBRARY THEFT” (PENAL CODE SECTION 490.5).”
(i) Nothing in this section nor any other provision of law precludes a merchant from offering a person suspected of theft an opportunity to complete a precomplaint diversion program in lieu of arrest and criminal prosecution or precludes a merchant from informing a person suspected of theft of the criminal or civil remedies available to the merchant.
SECTION 1.
Section 4030 of the
Penal Code
is amended to read:
4030.
(a)(1)The Legislature finds and declares that law enforcement policies and practices for conducting strip or body cavity searches of detained persons vary widely throughout California. Consequently, some people have been arbitrarily subjected to unnecessary strip and body cavity searches after arrests for minor misdemeanor and infraction offenses. Some present search practices violate state and federal constitutional rights to privacy and freedom from unreasonable searches and seizures.
(2)It is the intent of the Legislature in enacting this section to protect the state and federal constitutional rights of the people of California by establishing a statewide policy strictly limiting strip and body cavity searches.
(b)The provisions of this section shall apply only to prearraignment detainees arrested for infraction or misdemeanor offenses and to any minor detained prior to a detention hearing on the grounds that he or she is a person described in Section 300, 601, or 602 of the Welfare and Institutions Code alleged to have committed a misdemeanor or infraction offense. The provisions of this section shall not apply to a person in the custody of the Secretary of the Department of Corrections and Rehabilitation or the Director of the Division of Juvenile Justice in the Department of Corrections and Rehabilitation.
(c)As used in this section, the following definitions shall apply:
(1)“Body cavity” only means the stomach or rectal cavity of a person, and vagina of a female person.
(2)“Physical body cavity search” means physical intrusion into a body cavity for the purpose of discovering any object concealed in the body cavity.
(3)“Strip search” means a search which requires a person to remove or arrange some or all of his or her clothing so as to permit a visual inspection of the underclothing, breasts, buttocks, or genitalia of that person.
(4)“Visual body cavity search” means visual inspection of a body cavity.
(d)Notwithstanding any other law, including Section 40304.5 of the Vehicle Code, if a person is arrested and taken into custody, that person may be subjected to patdown searches, metal detector searches, and thorough clothing searches in order to discover and retrieve concealed weapons and contraband substances prior to being placed in a booking cell.
(e)A person who is arrested and held in custody on a misdemeanor or infraction offense, except those involving weapons, controlled substances, or violence, or a minor detained prior to a detention hearing on the grounds that he or she is a person described in Section 300, 601 or 602 of the Welfare and Institutions Code, except for those minors alleged to have committed felonies or offenses involving weapons, controlled substances, or violence, shall not be subjected to a strip search or visual body cavity search prior to placement in the general jail population, unless a peace officer has determined there is reasonable suspicion, based on specific and articulable facts, to believe that person is concealing a weapon or contraband, and a strip search will result in the discovery of the weapon or contraband. A strip search or visual body cavity search, or both, shall not be conducted without the prior written authorization of the supervising officer on duty. The authorization shall include the specific and articulable facts and circumstances upon which the reasonable suspicion determination was made by the supervisor.
(f)(1)Except pursuant to the provisions of paragraph (2), a person arrested and held in custody on a misdemeanor or infraction offense not involving weapons, controlled substances, or violence, shall not be confined in the general jail population unless all of the following are true:
(A)The person is not cited and released.
(B)The person is not released on his or her own recognizance pursuant to Article 9 (commencing with Section 1318) of Chapter 1 of Title 10 of Part 2.
(C)The person is not able to post bail within a reasonable time, not less than three hours.
(2)A person shall not be housed in the general jail population prior to release pursuant to the provisions of paragraph (1) unless a documented emergency exists and there is no reasonable alternative to that placement. The person shall be placed in the general population only upon prior written authorization documenting the specific facts and circumstances of the emergency. The written authorization shall be signed by the uniformed supervisor of the facility or by a uniformed watch commander. A person confined in the general jail population pursuant to paragraph (1) shall retain all rights to release on citation, his or her own recognizance, or bail that were preempted as a consequence of the emergency.
(g)A person who is arrested on a misdemeanor or infraction offense, or a minor described in subdivision (b), shall not be subjected to a physical body cavity search except under the authority of a search warrant issued by a magistrate specifically authorizing the physical body cavity search.
(h)A copy of the prior written authorization required by subdivisions (e) and (f) and the search warrant required by subdivision (g) shall be placed in the agency’s records and made available, on request, to the person searched or his or her authorized representative. With regard to a strip search or visual or physical body cavity search, the time, date, and place of the search, the name and sex of the person conducting the search, and a statement of the results of the search, including a list of items removed from the person searched, shall be recorded in the agency’s records and made available, upon request, to the person searched or his or her authorized representative.
(i)Persons conducting a strip search or a visual body cavity search shall not touch the breasts, buttocks, or genitalia of the person being searched.
(j)A physical body cavity search shall be conducted under sanitary conditions, and only by a physician, nurse practitioner, registered nurse, licensed vocational nurse, or emergency medical technician Level II licensed to practice in this state. A physician engaged in providing health care to detainees and inmates of the facility may conduct physical body cavity searches.
(k)A person conducting or otherwise present or within sight of the inmate during a strip search or visual or physical body cavity search shall be of the same sex as the person being searched, except for physicians or licensed medical personnel.
(l)All strip, visual, and physical body cavity searches shall be conducted in an area of privacy so that the search cannot be observed by persons not participating in the search. Persons are considered to be participating in the search if their official duties relative to search procedure require them to be present at the time the search is conducted.
(m)A person who knowingly and willfully authorizes or conducts a strip search or visual or physical body cavity search in violation of this section is guilty of a misdemeanor.
(n)This section does not limit the common law or statutory rights of a person regarding an action for damages or injunctive relief, or preclude the prosecution under another law of a peace officer or other person who has violated this section.
(o)Any person who suffers damage or harm as a result of a violation of this section may bring a civil action to recover actual damages, or one thousand dollars ($1,000), whichever is greater. In addition, the court may, in its discretion, award punitive damages, equitable relief as it deems necessary and proper, and costs, including reasonable attorney’s fees.
### Summary:
This bill amends the Penal Code to provide that a person who is arrested and taken into custody may be subjected to patdown searches, metal detector searches, and thorough |
The people of the State of California do enact as follows:
SECTION 1.
Section 13172.6 is added to the Water Code, to read:
13172.6.
(a) On or before June 1, 2017, the state board and the Department of Fish and Wildlife shall report to the Legislature on the status of the suction dredge permitting program established by Chapter 680 of the Statutes of 2015 and include at least all of the following information:
(1) The number or amount of permits issued statewide.
(2) The cost of permits and associated fees.
(3) The requirements and process for an individual to proceed with obtaining waste discharge requirements or a waiver of waste discharge requirements pursuant to Section 13172.5 and a permit pursuant to Section 5653 of the Fish and Game Code.
(4) A discussion of the public workshops conducted pursuant to subdivision (c) of Section 13172.5.
(b) (1) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
(2) Pursuant to Section 10231.5 of the Government Code, this section is repealed on June 1, 2021.
SECTION 1.
Section 13260 of the
Water Code
is amended to read:
13260.
(a)Each of the following persons shall file with the appropriate regional board a report of the discharge, containing the information that may be required by the regional board:
(1)A person discharging waste, or proposing to discharge waste, within any region that could affect the quality of the waters of the state, other than into a community sewer system.
(2)A person who is a citizen, domiciliary, or political agency or entity of this state discharging waste, or proposing to discharge waste, outside the boundaries of the state in a manner that could affect the quality of the waters of the state within any region.
(3)A person operating, or proposing to construct, an injection well.
(b)A report of waste discharge is not required to be filed pursuant to subdivision (a) if the requirement is waived pursuant to Section 13269.
(c)Each person subject to subdivision (a) shall file with the appropriate regional board a report of waste discharge relative to any material change or proposed change in the character, location, or volume of the discharge.
(d)(1)(A)Each person who is subject to subdivision (a) or (c) shall submit an annual fee according to a fee schedule established by the state board.
(B)The total amount of annual fees collected pursuant to this section shall equal that amount necessary to recover costs incurred in connection with the issuance, administration, reviewing, monitoring, and enforcement of waste discharge requirements and waivers of waste discharge requirements.
(C)Recoverable costs may include, but are not limited to, costs incurred in reviewing waste discharge reports, prescribing terms of waste discharge requirements and monitoring requirements, enforcing and evaluating compliance with waste discharge requirements and waiver requirements, conducting surface water and groundwater monitoring and modeling, analyzing laboratory samples, adopting, reviewing, and revising water quality control plans and state policies for water quality control, and reviewing documents prepared for the purpose of regulating the discharge of waste, and administrative costs incurred in connection with carrying out these actions.
(D)In establishing the amount of a fee that may be imposed on a confined animal feeding and holding operation pursuant to this section, including, but not limited to, a dairy farm, the state board shall consider all of the following factors:
(i)The size of the operation.
(ii)Whether the operation has been issued a permit to operate pursuant to Section 1342 of Title 33 of the United States Code.
(iii)Any applicable waste discharge requirement or conditional waiver of a waste discharge requirement.
(iv)The type and amount of discharge from the operation.
(v)The pricing mechanism of the commodity produced.
(vi)Any compliance costs borne by the operation pursuant to state and federal water quality regulations.
(vii)Whether the operation participates in a quality assurance program certified by a regional water quality control board, the state board, or a federal water quality control agency.
(2)(A)Subject to subparagraph (B), the fees collected pursuant to this section shall be deposited in the Waste Discharge Permit Fund, which is hereby created. The money in the fund is available for expenditure by the state board, upon appropriation by the Legislature, solely for the purposes of carrying out this division.
(B)(i)Notwithstanding subparagraph (A), the fees collected pursuant to this section from stormwater dischargers that are subject to a general industrial or construction stormwater permit under the national pollutant discharge elimination system (NPDES) shall be separately accounted for in the Waste Discharge Permit Fund.
(ii)Not less than 50 percent of the money in the Waste Discharge Permit Fund that is separately accounted for pursuant to clause (i) is available, upon appropriation by the Legislature, for expenditure by the regional board with jurisdiction over the permitted industry or construction site that generated the fee to carry out stormwater programs in the region.
(iii)Each regional board that receives money pursuant to clause (ii) shall spend not less than 50 percent of that money solely on stormwater inspection and regulatory compliance issues associated with industrial and construction stormwater programs.
(3)A person who would be required to pay the annual fee prescribed by paragraph (1) for waste discharge requirements applicable to discharges of solid waste, as defined in Section 40191 of the Public Resources Code, at a waste management unit that is also regulated under Division 30 (commencing with Section 40000) of the Public Resources Code, shall be entitled to a waiver of the annual fee for the discharge of solid waste at the waste management unit imposed by paragraph (1) upon verification by the state board of payment of the fee imposed by Section 48000 of the Public Resources Code, and provided that the fee established pursuant to Section 48000 of the Public Resources Code generates revenues sufficient to fund the programs specified in Section 48004 of the Public Resources Code and the amount appropriated by the Legislature for those purposes is not reduced.
(e)Each person that discharges waste in a manner regulated by this section shall pay an annual fee to the state board. The state board shall establish, by regulation, a timetable for the payment of the annual fee. If the state board or a regional board determines that the discharge will not affect, or have the potential to affect, the quality of the waters of the state, all or part of the annual fee shall be refunded.
(f)(1)The state board shall adopt, by emergency regulations, a schedule of fees authorized under subdivision (d). The total revenue collected each year through annual fees shall be set at an amount equal to the revenue levels set forth in the Budget Act for this activity. The state board shall automatically adjust the annual fees each fiscal year to conform with the revenue levels set forth in the Budget Act for this activity. If the state board determines that the revenue collected during the preceding year was greater than, or less than, the revenue levels set forth in the Budget Act, the state board may further adjust the annual fees to compensate for the over and under collection of revenue.
(2)The emergency regulations adopted pursuant to this subdivision, any amendment thereto, or subsequent adjustments to the annual fees, shall be adopted by the state board in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The adoption of these regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health, safety, and general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, any emergency regulations adopted by the state board, or adjustments to the annual fees made by the state board pursuant to this section, shall not be subject to review by the Office of Administrative Law and shall remain in effect until revised by the state board.
(g)The state board shall adopt regulations setting forth reasonable time limits within which the regional board shall determine the adequacy of a report of waste discharge submitted under this section.
(h)Each report submitted under this section shall be sworn to, or submitted under penalty of perjury.
(i)The regulations adopted by the state board pursuant to subdivision (f) shall include a provision that annual fees shall not be imposed on those who pay fees under the national pollutant discharge elimination system until the time when those fees are again due, at which time the fees shall become due on an annual basis.
(j)A person operating or proposing to construct an oil, gas, or geothermal injection well subject to paragraph (3) of subdivision (a) shall not be required to pay a fee pursuant to subdivision (d) if the injection well is regulated by the Division of Oil, Gas, and Geothermal Resources of the Department of Conservation, in lieu of the appropriate California regional water quality control board, pursuant to the memorandum of understanding, entered into between the state board and the Department of Conservation on May 19, 1988. This subdivision shall remain operative until the memorandum of understanding is revoked by the state board or the Department of Conservation.
(k)In addition to the report required by subdivision (a), before a person discharges mining waste, the person shall first submit both of the following to the regional board:
(1)A report on the physical and chemical characteristics of the waste that could affect its potential to cause pollution or contamination. The report shall include the results of all tests required by regulations adopted by the board, any test adopted by the Department of Toxic Substances Control pursuant to Section 25141 of the Health and Safety Code for extractable, persistent, and bioaccumulative toxic substances in a waste or other material, and any other tests that the state board or regional board may require, including, but not limited to, tests needed to determine the acid-generating potential of the mining waste or the extent to which hazardous substances may persist in the waste after disposal.
(2)A report that evaluates the potential of the discharge of the mining waste to produce, over the long term, acid mine drainage, the discharge or leaching of heavy metals, or the release of other hazardous substances.
(l)Except upon a written request of the regional board, a report of waste discharge need not be filed pursuant to subdivision (a) or (c) by a user of recycled water that is being supplied by a supplier or distributor of recycled water for whom a master recycling permit has been issued pursuant to Section 13523.1. | Existing law prohibits the use of any vacuum or suction dredge equipment by any person in any river, stream, or lake of this state without a permit issued by the Department of Fish and Wildlife. Existing law requires the department to issue a permit if the department determines that the use does not cause any significant effects to fish and wildlife and would authorize the department to adjust the specified fee to an amount sufficient to cover all reasonable costs of the department in regulating suction dredging activities. Existing law authorizes the State Water Resources Control Board or a California regional water quality control board to adopt waste discharge requirements or a waiver of waste discharge requirements that address certain water quality impacts, specify conditions or areas where the discharge of waste or other adverse impacts on beneficial uses of the waters of the state from the use of vacuum or suction dredge equipment is prohibited, or prohibit particular use of, or methods of using, vacuum or suction dredge equipment, or any portion thereof, for the extraction of minerals, that the state board or a regional board determines generally cause or contribute to an exceedance of applicable water quality objectives or unreasonably impact beneficial uses.
This bill would require the state board and the department to report to the Legislature, on or before June 1, 2017, on the status of the suction dredge permitting program.
Under existing law, the Porter-Cologne Water Quality Control Act, the State Water Resources Control Board and the California regional water quality control boards are the principal state agencies with responsibility for the coordination and control of water quality in the state. The act, with certain exceptions, requires a waste discharger to file certain information with the appropriate regional board and to pay an annual fee.
This bill would make nonsubstantive changes to these provisions. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
Section 13172.6 is added to the Water Code, to read:
13172.6.
(a) On or before June 1, 2017, the state board and the Department of Fish and Wildlife shall report to the Legislature on the status of the suction dredge permitting program established by Chapter 680 of the Statutes of 2015 and include at least all of the following information:
(1) The number or amount of permits issued statewide.
(2) The cost of permits and associated fees.
(3) The requirements and process for an individual to proceed with obtaining waste discharge requirements or a waiver of waste discharge requirements pursuant to Section 13172.5 and a permit pursuant to Section 5653 of the Fish and Game Code.
(4) A discussion of the public workshops conducted pursuant to subdivision (c) of Section 13172.5.
(b) (1) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
(2) Pursuant to Section 10231.5 of the Government Code, this section is repealed on June 1, 2021.
SECTION 1.
Section 13260 of the
Water Code
is amended to read:
13260.
(a)Each of the following persons shall file with the appropriate regional board a report of the discharge, containing the information that may be required by the regional board:
(1)A person discharging waste, or proposing to discharge waste, within any region that could affect the quality of the waters of the state, other than into a community sewer system.
(2)A person who is a citizen, domiciliary, or political agency or entity of this state discharging waste, or proposing to discharge waste, outside the boundaries of the state in a manner that could affect the quality of the waters of the state within any region.
(3)A person operating, or proposing to construct, an injection well.
(b)A report of waste discharge is not required to be filed pursuant to subdivision (a) if the requirement is waived pursuant to Section 13269.
(c)Each person subject to subdivision (a) shall file with the appropriate regional board a report of waste discharge relative to any material change or proposed change in the character, location, or volume of the discharge.
(d)(1)(A)Each person who is subject to subdivision (a) or (c) shall submit an annual fee according to a fee schedule established by the state board.
(B)The total amount of annual fees collected pursuant to this section shall equal that amount necessary to recover costs incurred in connection with the issuance, administration, reviewing, monitoring, and enforcement of waste discharge requirements and waivers of waste discharge requirements.
(C)Recoverable costs may include, but are not limited to, costs incurred in reviewing waste discharge reports, prescribing terms of waste discharge requirements and monitoring requirements, enforcing and evaluating compliance with waste discharge requirements and waiver requirements, conducting surface water and groundwater monitoring and modeling, analyzing laboratory samples, adopting, reviewing, and revising water quality control plans and state policies for water quality control, and reviewing documents prepared for the purpose of regulating the discharge of waste, and administrative costs incurred in connection with carrying out these actions.
(D)In establishing the amount of a fee that may be imposed on a confined animal feeding and holding operation pursuant to this section, including, but not limited to, a dairy farm, the state board shall consider all of the following factors:
(i)The size of the operation.
(ii)Whether the operation has been issued a permit to operate pursuant to Section 1342 of Title 33 of the United States Code.
(iii)Any applicable waste discharge requirement or conditional waiver of a waste discharge requirement.
(iv)The type and amount of discharge from the operation.
(v)The pricing mechanism of the commodity produced.
(vi)Any compliance costs borne by the operation pursuant to state and federal water quality regulations.
(vii)Whether the operation participates in a quality assurance program certified by a regional water quality control board, the state board, or a federal water quality control agency.
(2)(A)Subject to subparagraph (B), the fees collected pursuant to this section shall be deposited in the Waste Discharge Permit Fund, which is hereby created. The money in the fund is available for expenditure by the state board, upon appropriation by the Legislature, solely for the purposes of carrying out this division.
(B)(i)Notwithstanding subparagraph (A), the fees collected pursuant to this section from stormwater dischargers that are subject to a general industrial or construction stormwater permit under the national pollutant discharge elimination system (NPDES) shall be separately accounted for in the Waste Discharge Permit Fund.
(ii)Not less than 50 percent of the money in the Waste Discharge Permit Fund that is separately accounted for pursuant to clause (i) is available, upon appropriation by the Legislature, for expenditure by the regional board with jurisdiction over the permitted industry or construction site that generated the fee to carry out stormwater programs in the region.
(iii)Each regional board that receives money pursuant to clause (ii) shall spend not less than 50 percent of that money solely on stormwater inspection and regulatory compliance issues associated with industrial and construction stormwater programs.
(3)A person who would be required to pay the annual fee prescribed by paragraph (1) for waste discharge requirements applicable to discharges of solid waste, as defined in Section 40191 of the Public Resources Code, at a waste management unit that is also regulated under Division 30 (commencing with Section 40000) of the Public Resources Code, shall be entitled to a waiver of the annual fee for the discharge of solid waste at the waste management unit imposed by paragraph (1) upon verification by the state board of payment of the fee imposed by Section 48000 of the Public Resources Code, and provided that the fee established pursuant to Section 48000 of the Public Resources Code generates revenues sufficient to fund the programs specified in Section 48004 of the Public Resources Code and the amount appropriated by the Legislature for those purposes is not reduced.
(e)Each person that discharges waste in a manner regulated by this section shall pay an annual fee to the state board. The state board shall establish, by regulation, a timetable for the payment of the annual fee. If the state board or a regional board determines that the discharge will not affect, or have the potential to affect, the quality of the waters of the state, all or part of the annual fee shall be refunded.
(f)(1)The state board shall adopt, by emergency regulations, a schedule of fees authorized under subdivision (d). The total revenue collected each year through annual fees shall be set at an amount equal to the revenue levels set forth in the Budget Act for this activity. The state board shall automatically adjust the annual fees each fiscal year to conform with the revenue levels set forth in the Budget Act for this activity. If the state board determines that the revenue collected during the preceding year was greater than, or less than, the revenue levels set forth in the Budget Act, the state board may further adjust the annual fees to compensate for the over and under collection of revenue.
(2)The emergency regulations adopted pursuant to this subdivision, any amendment thereto, or subsequent adjustments to the annual fees, shall be adopted by the state board in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The adoption of these regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health, safety, and general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, any emergency regulations adopted by the state board, or adjustments to the annual fees made by the state board pursuant to this section, shall not be subject to review by the Office of Administrative Law and shall remain in effect until revised by the state board.
(g)The state board shall adopt regulations setting forth reasonable time limits within which the regional board shall determine the adequacy of a report of waste discharge submitted under this section.
(h)Each report submitted under this section shall be sworn to, or submitted under penalty of perjury.
(i)The regulations adopted by the state board pursuant to subdivision (f) shall include a provision that annual fees shall not be imposed on those who pay fees under the national pollutant discharge elimination system until the time when those fees are again due, at which time the fees shall become due on an annual basis.
(j)A person operating or proposing to construct an oil, gas, or geothermal injection well subject to paragraph (3) of subdivision (a) shall not be required to pay a fee pursuant to subdivision (d) if the injection well is regulated by the Division of Oil, Gas, and Geothermal Resources of the Department of Conservation, in lieu of the appropriate California regional water quality control board, pursuant to the memorandum of understanding, entered into between the state board and the Department of Conservation on May 19, 1988. This subdivision shall remain operative until the memorandum of understanding is revoked by the state board or the Department of Conservation.
(k)In addition to the report required by subdivision (a), before a person discharges mining waste, the person shall first submit both of the following to the regional board:
(1)A report on the physical and chemical characteristics of the waste that could affect its potential to cause pollution or contamination. The report shall include the results of all tests required by regulations adopted by the board, any test adopted by the Department of Toxic Substances Control pursuant to Section 25141 of the Health and Safety Code for extractable, persistent, and bioaccumulative toxic substances in a waste or other material, and any other tests that the state board or regional board may require, including, but not limited to, tests needed to determine the acid-generating potential of the mining waste or the extent to which hazardous substances may persist in the waste after disposal.
(2)A report that evaluates the potential of the discharge of the mining waste to produce, over the long term, acid mine drainage, the discharge or leaching of heavy metals, or the release of other hazardous substances.
(l)Except upon a written request of the regional board, a report of waste discharge need not be filed pursuant to subdivision (a) or (c) by a user of recycled water that is being supplied by a supplier or distributor of recycled water for whom a master recycling permit has been issued pursuant to Section 13523.1.
### Summary:
<bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos> |
The people of the State of California do enact as follows:
SECTION 1.
Section 230.1 of the Labor Code is amended to read:
230.1.
(a) In addition to the requirements and prohibitions imposed on employees pursuant to Section 230, an employer with 25 or more employees shall not discharge, or in any manner discriminate or retaliate against, an employee who is a victim of domestic violence, sexual assault, or stalking for taking time off from work for any of the following purposes:
(1) To seek medical attention for injuries caused by domestic violence, sexual assault, or stalking.
(2) To obtain services from a domestic violence shelter, program, or rape crisis center as a result of domestic violence, sexual assault, or stalking.
(3) To obtain psychological counseling related to an experience of domestic violence, sexual assault, or stalking.
(4) To participate in safety planning and take other actions to increase safety from future domestic violence, sexual assault, or stalking, including temporary or permanent relocation.
(b) (1) As a condition of taking time off for a purpose set forth in subdivision (a), the employee shall give the employer reasonable advance notice of the employee’s intention to take time off, unless the advance notice is not feasible.
(2) When an unscheduled absence occurs, the employer shall not take any action against the employee if the employee, within a reasonable time after the absence, provides a certification to the employer. Certification shall be sufficient in the form of any of the categories described in paragraph (2) of subdivision (d) of Section 230.
(3) To the extent allowed by law and consistent with subparagraph (D) of paragraph (7) of subdivision (f) of Section 230, employers shall maintain the confidentiality of any employee requesting leave under subdivision (a).
(c) An employee who is discharged, threatened with discharge, demoted, suspended, or in any other manner discriminated or retaliated against in the terms and conditions of employment by his or her employer because the employee has taken time off for a purpose set forth in subdivision (a) is entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer, as well as appropriate equitable relief. An employer who willfully refuses to rehire, promote, or otherwise restore an employee or former employee who has been determined to be eligible for rehiring or promotion by a grievance procedure or hearing authorized by law is guilty of a misdemeanor.
(d) (1) An employee who is discharged, threatened with discharge, demoted, suspended, or in any other manner discriminated or retaliated against in the terms and conditions of employment by his or her employer because the employee has exercised his or her rights as set forth in subdivision (a) may file a complaint with the Division of Labor Standards Enforcement of the Department of Industrial Relations pursuant to Section 98.7.
(2) Notwithstanding any time limitation in Section 98.7, an employee may file a complaint with the division based upon a violation of subdivision (a) within one year from the date of occurrence of the violation.
(e) An employee may use vacation, personal leave, or compensatory time off that is otherwise available to the employee under the applicable terms of employment, unless otherwise provided by a collective bargaining agreement, for time taken off for a purpose specified in subdivision (a). The entitlement of any employee under this section shall not be diminished by any term or condition of a collective bargaining agreement.
(f) This section does not create a right for an employee to take unpaid leave that exceeds the unpaid leave time allowed under, or is in addition to the unpaid leave time permitted by, the federal Family and Medical Leave Act of 1993 (29 U.S.C. Sec. 2601 et seq.).
(g) For purposes of this section:
(1) “Domestic violence” means any of the types of abuse set forth in Section 6211 of the Family Code, as amended.
(2) “Sexual assault” means any of the crimes set forth in Section 261, 261.5, 262, 265, 266, 266a, 266b, 266c, 266g, 266j, 267, 269, 273.4, 285, 286, 288, 288a, 288.5, 289, or 311.4 of the Penal Code, as amended.
(3) “Stalking” means a crime set forth in Section 646.9 of the Penal Code or Section 1708.7 of the Civil Code.
(h) (1) Employers shall inform each employee of his or her rights established under this section and subdivisions (c), (e), and (f) of Section 230 in writing. The information shall be provided to new employees upon hire and to other employees upon request.
(2) The Labor Commissioner shall develop a form that an employer may use to comply with the notice requirements in paragraph (1). The form shall set forth the rights and duties of employers and employees under this section in clear and concise language. The Labor Commissioner shall post the form on the commissioner’s Internet Web site to make it available to employers who are required to comply with this section. If an employer elects not to use the form developed by the Labor Commissioner, the notice provided by the employer to the employees shall be substantially similar in content and clarity to the form developed by the Labor Commissioner. The Labor Commissioner shall develop the form and post it in accordance with this paragraph on or before July 1, 2017.
(3) Employers shall not be required to comply with paragraph (1) until the Labor Commissioner posts the form on the commissioner’s Internet Web site in accordance with paragraph (2). | Existing law prohibits an employer from discharging or in any manner discriminating or retaliating against an employee who is a victim of domestic violence, sexual assault, or stalking for taking time off from work for specified purposes related to addressing the domestic violence, sexual assault, or stalking. Existing law provides that any employee who is discharged, threatened with discharge, demoted, suspended, or in any manner discriminated or retaliated against in the terms and conditions of employment by his or her employer because the employee has taken time off for those purposes is entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer, as well as appropriate equitable relief, and is allowed to file a complaint with the Division of Labor Standards Enforcement within the Department of Industrial Relations. Existing law establishes the Labor Commissioner as the head of the Division of Labor Standards Enforcement.
This bill would require employers to inform each employee of his or her rights established under those laws by providing specific information in writing to new employees upon hire and to other employees upon request. The bill would also require the Labor Commissioner, on or before July 1, 2017, to develop a form an employer may elect to use to comply with these provisions and to post it on the commissioner’s Internet Web site. Employers would not be required to comply with the notice of rights requirement until the commissioner posts the form. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
Section 230.1 of the Labor Code is amended to read:
230.1.
(a) In addition to the requirements and prohibitions imposed on employees pursuant to Section 230, an employer with 25 or more employees shall not discharge, or in any manner discriminate or retaliate against, an employee who is a victim of domestic violence, sexual assault, or stalking for taking time off from work for any of the following purposes:
(1) To seek medical attention for injuries caused by domestic violence, sexual assault, or stalking.
(2) To obtain services from a domestic violence shelter, program, or rape crisis center as a result of domestic violence, sexual assault, or stalking.
(3) To obtain psychological counseling related to an experience of domestic violence, sexual assault, or stalking.
(4) To participate in safety planning and take other actions to increase safety from future domestic violence, sexual assault, or stalking, including temporary or permanent relocation.
(b) (1) As a condition of taking time off for a purpose set forth in subdivision (a), the employee shall give the employer reasonable advance notice of the employee’s intention to take time off, unless the advance notice is not feasible.
(2) When an unscheduled absence occurs, the employer shall not take any action against the employee if the employee, within a reasonable time after the absence, provides a certification to the employer. Certification shall be sufficient in the form of any of the categories described in paragraph (2) of subdivision (d) of Section 230.
(3) To the extent allowed by law and consistent with subparagraph (D) of paragraph (7) of subdivision (f) of Section 230, employers shall maintain the confidentiality of any employee requesting leave under subdivision (a).
(c) An employee who is discharged, threatened with discharge, demoted, suspended, or in any other manner discriminated or retaliated against in the terms and conditions of employment by his or her employer because the employee has taken time off for a purpose set forth in subdivision (a) is entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer, as well as appropriate equitable relief. An employer who willfully refuses to rehire, promote, or otherwise restore an employee or former employee who has been determined to be eligible for rehiring or promotion by a grievance procedure or hearing authorized by law is guilty of a misdemeanor.
(d) (1) An employee who is discharged, threatened with discharge, demoted, suspended, or in any other manner discriminated or retaliated against in the terms and conditions of employment by his or her employer because the employee has exercised his or her rights as set forth in subdivision (a) may file a complaint with the Division of Labor Standards Enforcement of the Department of Industrial Relations pursuant to Section 98.7.
(2) Notwithstanding any time limitation in Section 98.7, an employee may file a complaint with the division based upon a violation of subdivision (a) within one year from the date of occurrence of the violation.
(e) An employee may use vacation, personal leave, or compensatory time off that is otherwise available to the employee under the applicable terms of employment, unless otherwise provided by a collective bargaining agreement, for time taken off for a purpose specified in subdivision (a). The entitlement of any employee under this section shall not be diminished by any term or condition of a collective bargaining agreement.
(f) This section does not create a right for an employee to take unpaid leave that exceeds the unpaid leave time allowed under, or is in addition to the unpaid leave time permitted by, the federal Family and Medical Leave Act of 1993 (29 U.S.C. Sec. 2601 et seq.).
(g) For purposes of this section:
(1) “Domestic violence” means any of the types of abuse set forth in Section 6211 of the Family Code, as amended.
(2) “Sexual assault” means any of the crimes set forth in Section 261, 261.5, 262, 265, 266, 266a, 266b, 266c, 266g, 266j, 267, 269, 273.4, 285, 286, 288, 288a, 288.5, 289, or 311.4 of the Penal Code, as amended.
(3) “Stalking” means a crime set forth in Section 646.9 of the Penal Code or Section 1708.7 of the Civil Code.
(h) (1) Employers shall inform each employee of his or her rights established under this section and subdivisions (c), (e), and (f) of Section 230 in writing. The information shall be provided to new employees upon hire and to other employees upon request.
(2) The Labor Commissioner shall develop a form that an employer may use to comply with the notice requirements in paragraph (1). The form shall set forth the rights and duties of employers and employees under this section in clear and concise language. The Labor Commissioner shall post the form on the commissioner’s Internet Web site to make it available to employers who are required to comply with this section. If an employer elects not to use the form developed by the Labor Commissioner, the notice provided by the employer to the employees shall be substantially similar in content and clarity to the form developed by the Labor Commissioner. The Labor Commissioner shall develop the form and post it in accordance with this paragraph on or before July 1, 2017.
(3) Employers shall not be required to comply with paragraph (1) until the Labor Commissioner posts the form on the commissioner’s Internet Web site in accordance with paragraph (2).
### Summary:
This bill amends the Labor Code to require an employer with 25 or more employees to provide reasonable advance notice to an employee who is a victim of domestic violence |
The people of the State of California do enact as follows:
SECTION 1.
Section 626.9 of the Penal Code is amended to read:
626.9.
(a) This section shall be known, and may be cited, as the Gun-Free School Zone Act of 1995.
(b) Any person who possesses a firearm in a place that the person knows, or reasonably should know, is a school zone, as defined in paragraph (1) of subdivision (e), unless it is with the written permission of the school district superintendent, his or her designee, or equivalent school authority, shall be punished as specified in subdivision (f).
(c) Subdivision (b) does not apply to the possession of a firearm under any of the following circumstances:
(1) Within a place of residence or place of business or on private property, if the place of residence, place of business, or private property is not part of the school grounds and the possession of the firearm is otherwise lawful.
(2) When the firearm is an unloaded pistol, revolver, or other firearm capable of being concealed on the person and is in a locked container or within the locked trunk of a motor vehicle.
This section does not prohibit or limit the otherwise lawful transportation of any other firearm, other than a pistol, revolver, or other firearm capable of being concealed on the person, in accordance with state law.
(3) When the person possessing the firearm reasonably believes that he or she is in grave danger because of circumstances forming the basis of a current restraining order issued by a court against another person or persons who has or have been found to pose a threat to his or her life or safety. This subdivision may not apply when the circumstances involve a mutual restraining order issued pursuant to Division 10 (commencing with Section 6200) of the Family Code absent a factual finding of a specific threat to the person’s life or safety. Upon a trial for violating subdivision (b), the trier of a fact shall determine whether the defendant was acting out of a reasonable belief that he or she was in grave danger.
(4) When the person is exempt from the prohibition against carrying a concealed firearm pursuant to Section 25615, 25625, 25630, or 25645.
(5) When the person holds a valid license to carry the firearm pursuant to Chapter 4 (commencing with Section 26150) of Division 5 of Title 4 of Part 6, who is carrying that firearm in an area that is not in, or on the grounds of, a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, but within a distance of 1,000 feet from the grounds of the public or private school.
(d) Except as provided in subdivision (b), it shall be unlawful for any person, with reckless disregard for the safety of another, to discharge, or attempt to discharge, a firearm in a school zone, as defined in paragraph (1) of subdivision (e).
The prohibition contained in this subdivision does not apply to the discharge of a firearm to the extent that the conditions of paragraph (1) of subdivision (c) are satisfied.
(e) As used in this section, the following definitions shall apply:
(1) “Concealed firearm” has the same meaning as that term is given in Sections 25400 and 25610.
(2) “Firearm” has the same meaning as that term is given in subdivisions (a) to (d), inclusive, of Section 16520.
(3) “Locked container” has the same meaning as that term is given in Section 16850.
(4) “School zone” means an area in, or on the grounds of, a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, or within a distance of 1,000 feet from the grounds of the public or private school.
(f) (1) Any person who violates subdivision (b) by possessing a firearm in, or on the grounds of, a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or five years.
(2) Any person who violates subdivision (b) by possessing a firearm within a distance of 1,000 feet from the grounds of a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, shall be punished as follows:
(A) By imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or five years, if any of the following circumstances apply:
(i) If the person previously has been convicted of any felony, or of any crime made punishable by any provision listed in Section 16580.
(ii) If the person is within a class of persons prohibited from possessing or acquiring a firearm pursuant to Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9 of Title 4 of Part 6 of this code or Section 8100 or 8103 of the Welfare and Institutions Code.
(iii) If the firearm is any pistol, revolver, or other firearm capable of being concealed upon the person and the offense is punished as a felony pursuant to Section 25400.
(B) By imprisonment in a county jail for not more than one year or by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or five years, in all cases other than those specified in subparagraph (A).
(3) Any person who violates subdivision (d) shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for three, five, or seven years.
(g) (1) Every person convicted under this section for a misdemeanor violation of subdivision (b) who has been convicted previously of a misdemeanor offense enumerated in Section 23515 shall be punished by imprisonment in a county jail for not less than three months, or if probation is granted or if the execution or imposition of sentence is suspended, it shall be a condition thereof that he or she be imprisoned in a county jail for not less than three months.
(2) Every person convicted under this section of a felony violation of subdivision (b) or (d) who has been convicted previously of a misdemeanor offense enumerated in Section 23515, if probation is granted or if the execution of sentence is suspended, it shall be a condition thereof that he or she be imprisoned in a county jail for not less than three months.
(3) Every person convicted under this section for a felony violation of subdivision (b) or (d) who has been convicted previously of any felony, or of any crime made punishable by any provision listed in Section 16580, if probation is granted or if the execution or imposition of sentence is suspended, it shall be a condition thereof that he or she be imprisoned in a county jail for not less than three months.
(4) The court shall apply the three-month minimum sentence specified in this subdivision, except in unusual cases where the interests of justice would best be served by granting probation or suspending the execution or imposition of sentence without the minimum imprisonment required in this subdivision or by granting probation or suspending the execution or imposition of sentence with conditions other than those set forth in this subdivision, in which case the court shall specify on the record and shall enter on the minutes the circumstances indicating that the interests of justice would best be served by this disposition.
(h) Notwithstanding Section 25605, any person who brings or possesses a loaded firearm upon the grounds of a campus of, or buildings owned or operated for student housing, teaching, research, or administration by, a public or private university or college, that are contiguous or are clearly marked university property, unless it is with the written permission of the university or college president, his or her designee, or equivalent university or college authority, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years. Notwithstanding subdivision (k), a university or college shall post a prominent notice at primary entrances on noncontiguous property stating that firearms are prohibited on that property pursuant to this subdivision.
(i) Notwithstanding Section 25605, any person who brings or possesses a firearm upon the grounds of a campus of, or buildings owned or operated for student housing, teaching, research, or administration by, a public or private university or college, that are contiguous or are clearly marked university property, unless it is with the written permission of the university or college president, his or her designee, or equivalent university or college authority, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for one, two, or three years. Notwithstanding subdivision (k), a university or college shall post a prominent notice at primary entrances on noncontiguous property stating that firearms are prohibited on that property pursuant to this subdivision.
(j) For purposes of this section, a firearm shall be deemed to be loaded when there is an unexpended cartridge or shell, consisting of a case that holds a charge of powder and a bullet or shot, in, or attached in any manner to, the firearm, including, but not limited to, in the firing chamber, magazine, or clip thereof attached to the firearm. A muzzle-loader firearm shall be deemed to be loaded when it is capped or primed and has a powder charge and ball or shot in the barrel or cylinder.
(k) This section does not require that notice be posted regarding the proscribed conduct.
(l) This section does not apply to a duly appointed peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, a full-time paid peace officer of another state or the federal government who is carrying out official duties while in California, any person summoned by any of these officers to assist in making arrests or preserving the peace while he or she is actually engaged in assisting the officer, a member of the military forces of this state or of the United States who is engaged in the performance of his or her duties, or an armored vehicle guard, engaged in the performance of his or her duties, as defined in subdivision (d) of Section 7582.1 of the Business and Professions Code.
(m) This section does not apply to a security guard authorized to carry a loaded firearm pursuant to Article 4 (commencing with Section 26000) of Chapter 3 of Division 5 of Title 4 of Part 6.
(n) This section does not apply to an existing shooting range at a public or private school or university or college campus.
(o) This section does not apply to an honorably retired peace officer authorized to carry a concealed or loaded firearm pursuant to any of the following:
(1) Article 2 (commencing with Section 25450) of Chapter 2 of Division 5 of Title 4 of Part 6.
(2) Section 25650.
(3) Sections 25900 to 25910, inclusive.
(4) Section 26020.
(5) Paragraph (2) of subdivision (c) of Section 26300.
(p) This section does not apply to a peace officer appointed pursuant to Section 830.6 who is authorized to carry a firearm by the appointing agency.
(q) This section does not apply to a person holding a valid license to carry a concealed firearm pursuant to Chapter 4 (commencing with Section 26150) of Division 5 of Title 4 of Part 6 who also is protected by a domestic violence protective order issued pursuant to Part 4 (commencing with Section 6300) of Division 10 of the Family Code.
SEC. 2.
Section 30310 of the Penal Code is amended to read:
30310.
(a) Unless it is with the written permission of the school district superintendent, the superintendent’s designee, or equivalent school authority, no person shall carry ammunition or reloaded ammunition onto school grounds, except sworn law enforcement officers acting within the scope of their duties.
(b) This section shall not apply to any of the following:
(1) A duly appointed peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.
(2) A full-time paid peace officer of another state or the federal government who is carrying out official duties while in California.
(3)
Any
A
person summoned by any of these officers to assist in making an arrest or preserving the peace while that person is actually engaged in assisting the officer.
(4) A member of the military forces of this state or of the United States who is engaged in the performance of that person’s duties.
(5) An armored vehicle guard, who is engaged in the performance of that person’s duties, as defined in subdivision (d) of Section 7582.1 of the Business and Professions Code.
(6)
Any
A
peace officer, listed in Section 830.1 or 830.2, or subdivision (a) of Section 830.33, whether active or honorably retired.
(7) Any other duly appointed peace officer.
(8)
Any
An
honorably retired peace officer listed in subdivision (c) of Section 830.5.
(9) Any other honorably retired peace officer who during the course and scope of his or her appointment as a peace officer was authorized to, and did, carry a firearm.
(10) (A) A person carrying ammunition or reloaded ammunition onto school grounds that is in a motor vehicle at all times and is within a locked container or within the locked trunk of the vehicle.
(B) For purposes of this paragraph, the term “locked container” has the same meaning as set forth in Section 16850.
(11) A person holding a valid license to carry a concealed firearm pursuant to Chapter 4 (commencing with Section 26150) of Division 5 of Title 4 of Part 6 who also is protected by a domestic violence protective order issued pursuant to Part 4 (commencing with Section 6300) of Division 10 of the Family Code.
(c) A violation of this section is punishable by imprisonment in a county jail for a term not to exceed six months, a fine not to exceed one thousand dollars ($1,000), or both the imprisonment and fine. | Existing law, the Gun-Free School Zone Act of 1995, subject to exceptions, prohibits a person from possessing a firearm in a place that the person knows, or reasonably should know, is a school zone, unless with the written permission of certain school district officials. Existing law defines a school zone as an area on the grounds of a school providing instruction in kindergarten or grades 1 to 12, inclusive, or within a distance of 1,000 feet of that school. Existing law, subject to exceptions, prohibits a person from bringing or possessing a firearm upon the grounds of a campus of a public or private university or college, or buildings owned or operated for student housing, teaching, research, or administration by a public or private university or college, that are contiguous or are clearly marked university property, as specified, unless with the written permission of specified university or college officials. Under existing law, a violation of these provisions is a felony, or, under specified circumstances, a misdemeanor. Under existing law, certain persons are exempt from both the school zone and the university prohibitions, including, among others, a retired peace officer authorized to carry a concealed or loaded firearm.
This bill would exempt from both the school zone and the university prohibitions a person holding a valid license to carry a concealed firearm who is also protected by a domestic violence protective order, as specified.
Existing law, subject to exceptions, prohibits carrying ammunition or reloaded ammunition onto school grounds unless it is with the written permission of the school district superintendent, the superintendent’s designee, or equivalent school authority.
This bill would exempt from that prohibition a person holding a valid license to carry a concealed firearm who is also protected by a domestic violence protective order, as specified. The bill would make additional technical, nonsubstantive changes. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
Section 626.9 of the Penal Code is amended to read:
626.9.
(a) This section shall be known, and may be cited, as the Gun-Free School Zone Act of 1995.
(b) Any person who possesses a firearm in a place that the person knows, or reasonably should know, is a school zone, as defined in paragraph (1) of subdivision (e), unless it is with the written permission of the school district superintendent, his or her designee, or equivalent school authority, shall be punished as specified in subdivision (f).
(c) Subdivision (b) does not apply to the possession of a firearm under any of the following circumstances:
(1) Within a place of residence or place of business or on private property, if the place of residence, place of business, or private property is not part of the school grounds and the possession of the firearm is otherwise lawful.
(2) When the firearm is an unloaded pistol, revolver, or other firearm capable of being concealed on the person and is in a locked container or within the locked trunk of a motor vehicle.
This section does not prohibit or limit the otherwise lawful transportation of any other firearm, other than a pistol, revolver, or other firearm capable of being concealed on the person, in accordance with state law.
(3) When the person possessing the firearm reasonably believes that he or she is in grave danger because of circumstances forming the basis of a current restraining order issued by a court against another person or persons who has or have been found to pose a threat to his or her life or safety. This subdivision may not apply when the circumstances involve a mutual restraining order issued pursuant to Division 10 (commencing with Section 6200) of the Family Code absent a factual finding of a specific threat to the person’s life or safety. Upon a trial for violating subdivision (b), the trier of a fact shall determine whether the defendant was acting out of a reasonable belief that he or she was in grave danger.
(4) When the person is exempt from the prohibition against carrying a concealed firearm pursuant to Section 25615, 25625, 25630, or 25645.
(5) When the person holds a valid license to carry the firearm pursuant to Chapter 4 (commencing with Section 26150) of Division 5 of Title 4 of Part 6, who is carrying that firearm in an area that is not in, or on the grounds of, a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, but within a distance of 1,000 feet from the grounds of the public or private school.
(d) Except as provided in subdivision (b), it shall be unlawful for any person, with reckless disregard for the safety of another, to discharge, or attempt to discharge, a firearm in a school zone, as defined in paragraph (1) of subdivision (e).
The prohibition contained in this subdivision does not apply to the discharge of a firearm to the extent that the conditions of paragraph (1) of subdivision (c) are satisfied.
(e) As used in this section, the following definitions shall apply:
(1) “Concealed firearm” has the same meaning as that term is given in Sections 25400 and 25610.
(2) “Firearm” has the same meaning as that term is given in subdivisions (a) to (d), inclusive, of Section 16520.
(3) “Locked container” has the same meaning as that term is given in Section 16850.
(4) “School zone” means an area in, or on the grounds of, a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, or within a distance of 1,000 feet from the grounds of the public or private school.
(f) (1) Any person who violates subdivision (b) by possessing a firearm in, or on the grounds of, a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or five years.
(2) Any person who violates subdivision (b) by possessing a firearm within a distance of 1,000 feet from the grounds of a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, shall be punished as follows:
(A) By imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or five years, if any of the following circumstances apply:
(i) If the person previously has been convicted of any felony, or of any crime made punishable by any provision listed in Section 16580.
(ii) If the person is within a class of persons prohibited from possessing or acquiring a firearm pursuant to Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9 of Title 4 of Part 6 of this code or Section 8100 or 8103 of the Welfare and Institutions Code.
(iii) If the firearm is any pistol, revolver, or other firearm capable of being concealed upon the person and the offense is punished as a felony pursuant to Section 25400.
(B) By imprisonment in a county jail for not more than one year or by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or five years, in all cases other than those specified in subparagraph (A).
(3) Any person who violates subdivision (d) shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for three, five, or seven years.
(g) (1) Every person convicted under this section for a misdemeanor violation of subdivision (b) who has been convicted previously of a misdemeanor offense enumerated in Section 23515 shall be punished by imprisonment in a county jail for not less than three months, or if probation is granted or if the execution or imposition of sentence is suspended, it shall be a condition thereof that he or she be imprisoned in a county jail for not less than three months.
(2) Every person convicted under this section of a felony violation of subdivision (b) or (d) who has been convicted previously of a misdemeanor offense enumerated in Section 23515, if probation is granted or if the execution of sentence is suspended, it shall be a condition thereof that he or she be imprisoned in a county jail for not less than three months.
(3) Every person convicted under this section for a felony violation of subdivision (b) or (d) who has been convicted previously of any felony, or of any crime made punishable by any provision listed in Section 16580, if probation is granted or if the execution or imposition of sentence is suspended, it shall be a condition thereof that he or she be imprisoned in a county jail for not less than three months.
(4) The court shall apply the three-month minimum sentence specified in this subdivision, except in unusual cases where the interests of justice would best be served by granting probation or suspending the execution or imposition of sentence without the minimum imprisonment required in this subdivision or by granting probation or suspending the execution or imposition of sentence with conditions other than those set forth in this subdivision, in which case the court shall specify on the record and shall enter on the minutes the circumstances indicating that the interests of justice would best be served by this disposition.
(h) Notwithstanding Section 25605, any person who brings or possesses a loaded firearm upon the grounds of a campus of, or buildings owned or operated for student housing, teaching, research, or administration by, a public or private university or college, that are contiguous or are clearly marked university property, unless it is with the written permission of the university or college president, his or her designee, or equivalent university or college authority, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years. Notwithstanding subdivision (k), a university or college shall post a prominent notice at primary entrances on noncontiguous property stating that firearms are prohibited on that property pursuant to this subdivision.
(i) Notwithstanding Section 25605, any person who brings or possesses a firearm upon the grounds of a campus of, or buildings owned or operated for student housing, teaching, research, or administration by, a public or private university or college, that are contiguous or are clearly marked university property, unless it is with the written permission of the university or college president, his or her designee, or equivalent university or college authority, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for one, two, or three years. Notwithstanding subdivision (k), a university or college shall post a prominent notice at primary entrances on noncontiguous property stating that firearms are prohibited on that property pursuant to this subdivision.
(j) For purposes of this section, a firearm shall be deemed to be loaded when there is an unexpended cartridge or shell, consisting of a case that holds a charge of powder and a bullet or shot, in, or attached in any manner to, the firearm, including, but not limited to, in the firing chamber, magazine, or clip thereof attached to the firearm. A muzzle-loader firearm shall be deemed to be loaded when it is capped or primed and has a powder charge and ball or shot in the barrel or cylinder.
(k) This section does not require that notice be posted regarding the proscribed conduct.
(l) This section does not apply to a duly appointed peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, a full-time paid peace officer of another state or the federal government who is carrying out official duties while in California, any person summoned by any of these officers to assist in making arrests or preserving the peace while he or she is actually engaged in assisting the officer, a member of the military forces of this state or of the United States who is engaged in the performance of his or her duties, or an armored vehicle guard, engaged in the performance of his or her duties, as defined in subdivision (d) of Section 7582.1 of the Business and Professions Code.
(m) This section does not apply to a security guard authorized to carry a loaded firearm pursuant to Article 4 (commencing with Section 26000) of Chapter 3 of Division 5 of Title 4 of Part 6.
(n) This section does not apply to an existing shooting range at a public or private school or university or college campus.
(o) This section does not apply to an honorably retired peace officer authorized to carry a concealed or loaded firearm pursuant to any of the following:
(1) Article 2 (commencing with Section 25450) of Chapter 2 of Division 5 of Title 4 of Part 6.
(2) Section 25650.
(3) Sections 25900 to 25910, inclusive.
(4) Section 26020.
(5) Paragraph (2) of subdivision (c) of Section 26300.
(p) This section does not apply to a peace officer appointed pursuant to Section 830.6 who is authorized to carry a firearm by the appointing agency.
(q) This section does not apply to a person holding a valid license to carry a concealed firearm pursuant to Chapter 4 (commencing with Section 26150) of Division 5 of Title 4 of Part 6 who also is protected by a domestic violence protective order issued pursuant to Part 4 (commencing with Section 6300) of Division 10 of the Family Code.
SEC. 2.
Section 30310 of the Penal Code is amended to read:
30310.
(a) Unless it is with the written permission of the school district superintendent, the superintendent’s designee, or equivalent school authority, no person shall carry ammunition or reloaded ammunition onto school grounds, except sworn law enforcement officers acting within the scope of their duties.
(b) This section shall not apply to any of the following:
(1) A duly appointed peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.
(2) A full-time paid peace officer of another state or the federal government who is carrying out official duties while in California.
(3)
Any
A
person summoned by any of these officers to assist in making an arrest or preserving the peace while that person is actually engaged in assisting the officer.
(4) A member of the military forces of this state or of the United States who is engaged in the performance of that person’s duties.
(5) An armored vehicle guard, who is engaged in the performance of that person’s duties, as defined in subdivision (d) of Section 7582.1 of the Business and Professions Code.
(6)
Any
A
peace officer, listed in Section 830.1 or 830.2, or subdivision (a) of Section 830.33, whether active or honorably retired.
(7) Any other duly appointed peace officer.
(8)
Any
An
honorably retired peace officer listed in subdivision (c) of Section 830.5.
(9) Any other honorably retired peace officer who during the course and scope of his or her appointment as a peace officer was authorized to, and did, carry a firearm.
(10) (A) A person carrying ammunition or reloaded ammunition onto school grounds that is in a motor vehicle at all times and is within a locked container or within the locked trunk of the vehicle.
(B) For purposes of this paragraph, the term “locked container” has the same meaning as set forth in Section 16850.
(11) A person holding a valid license to carry a concealed firearm pursuant to Chapter 4 (commencing with Section 26150) of Division 5 of Title 4 of Part 6 who also is protected by a domestic violence protective order issued pursuant to Part 4 (commencing with Section 6300) of Division 10 of the Family Code.
(c) A violation of this section is punishable by imprisonment in a county jail for a term not to exceed six months, a fine not to exceed one thousand dollars ($1,000), or both the imprisonment and fine.
### Summary:
<bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos> |
The people of the State of California do enact as follows:
SECTION 1.
It is the intent of the Legislature that this act shall not be construed to limit any of the following:
(a) The authority of the Legislature to create and fund new judgeships pursuant to Section 4 of Article VI of the California Constitution.
(b) The authority of the Governor to appoint a person to fill a vacancy pursuant to subdivision (c) of Section 16 of Article VI of the California Constitution.
(c) The authority of the Chief Justice of California to assign judges pursuant to subdivision (e) of Section 6 of Article VI of the California Constitution.
SEC. 2.
Section 69614.5 is added to the Government Code, to read:
69614.5.
(a) To provide for a more equitable distribution of judgeships and upon notice to the applicable courts, up to five vacant judgeships shall be allocated from superior courts with more authorized judgeships than their assessed judicial need to superior courts with fewer authorized judgeships than their assessed judicial need pursuant to the requirements of this section.
(b) The allocation of vacant judgeships pursuant to subdivision (a) shall be in accordance with a methodology approved by the Judicial Council after solicitation of public comments. The determination of a superior court’s assessed judicial need shall be in accordance with the uniform standards for factually determining additional judicial need in each county, as updated and approved by the Judicial Council, pursuant to the Update of Judicial Needs Study, based on the criteria set forth in subdivision (b) of Section 69614.
(c) If a judgeship in a superior court becomes vacant, the Judicial Council shall determine whether the judgeship is eligible for allocation to another superior court under the methodology, standards, and criteria described in subdivision (b). If the judgeship is eligible for allocation to another superior court, the Judicial Council shall promptly notify the applicable courts, the Legislature, and the Governor that the judgeship vacated in one court shall be allocated to another court.
(d) (1) For purposes of this section only, a judgeship shall become “vacant” when an incumbent judge relinquishes the office through resignation, retirement, death, removal, or confirmation to an appellate court judgeship during either of the following:
(A) At any time before the deadline to file a declaration of intention to become a candidate for a judicial office pursuant to Section 8023 of the Elections Code.
(B) After the deadline to file a declaration of intention to become a candidate for a judicial office pursuant to Section 8023 of the Elections Code if no candidate submits qualifying nomination papers by the deadline pursuant to Section 8020 of the Elections Code.
(2) For purposes of this section, a judgeship shall not become “vacant” when an incumbent judge relinquishes the office as a result of being defeated in an election for that office.
SECTION 1.
Section 1252 of the
Health and Safety Code
is amended to read:
1252.
(a)Except as specified in subdivision (b), “special service” means a functional division, department, or unit of a health facility that is organized, staffed, and equipped to provide a specific type or types of patient care and that has been identified by regulations of the state department and for which the state department has established special standards for quality of care. “Special service” does not include a functional division, department, or unit of a nursing facility, as defined in subdivision (k) of Section 1250, that is organized, staffed, and equipped to provide inpatient physical therapy services, occupational therapy services, or speech pathology and audiology services to residents of the facility if these services are provided solely to meet the federal Centers for Medicare and Medicaid Services certification requirements. “Special service” includes physical therapy services, occupational therapy services, or speech pathology and audiology services provided by a nursing facility, as defined in subdivision (k) of Section 1250, to outpatients.
(b)Notwithstanding subdivision (a), “special service” also means dialysis, peritoneal, and infusion services as may be approved by the department for nursing facilities and skilled nursing facilities that are not identified by regulations of the department, if the licensee can demonstrate to the satisfaction of the department that the special service will operate in accordance with a minimum standard for quality of care. The minimum standard for quality of care for the special service under this subdivision shall be equivalent to, or greater than, that of current community standards for quality of care for that type of service. Approved special services shall be listed on the facility license. Failure to maintain the agreed upon minimum standard for quality of care shall result in approval for the special service being terminated. A licensee applying to the department for approval of special services that are not identified by regulations of the department pursuant to this subdivision shall submit all the following information for the department’s consideration:
(1)A completed application on forms prescribed by the department, with additional documentation or data, as required by the department, that clearly identifies the scope of the special service proposed to be provided.
(2)The hours of operation for the special service.
(3)Whether the service is to be provided solely to the residents of the facility or also on an outpatient basis. If the service is to be provided on an outpatient basis, the licensee shall specify the population to be served.
(4)A copy of the special service policies and procedures for review and approval.
(5)The minimum staffing levels and qualifications for the proposed special service, sufficient to meet the needs of the residents and patients.
(6)Identification of the equipment and supplies necessary to meet the needs of residents and patients receiving care in the special service.
(7)Identification of an appropriate space within the facility to be used to provide the special service. A special service that is provided on an outpatient basis shall not be provided in a space that would require outpatients to traverse areas where resident sleeping rooms are located.
(8)Confirmation that the applicable building, zoning, and fire safety standards for the proposed use of the special service space are met.
(9)Any other relevant information requested by the department.
(c)This section does not limit the department’s ability to evaluate compliance with the therapy requirements for nursing facilities and skilled nursing facilities established in Title 22 of the California Code of Regulations during investigations or inspections, including, but not limited to, inspections conducted pursuant to Section 1422, or to limit the department’s ability to enforce the therapy requirements.
SEC. 2.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. | Existing law specifies the number of judges for the superior court of each county. Existing law allocates additional judgeships to the various counties in accordance with uniform standards for factually determining additional judicial need in each county, as updated and approved by the Judicial Council, pursuant to the Update of Judicial Needs Study, based on specified criteria, including, among others, workload standards that represent the average amount of time of bench and nonbench work required to resolve each case type.
This bill would require the allocation of up to 5 vacant judgeships, as defined, from superior courts with more authorized judgeships than their assessed judicial need to superior courts with fewer authorized judgeships than their assessed judicial need. The bill would require the allocation to be in accordance with a methodology approved by the Judicial Council, as specified, and would require the determination of a superior court’s assessed judicial need to be in accordance with the above uniform standards and be based on the criteria described above. The bill would require the Judicial Council, if a vacant judgeship is eligible for allocation to another superior court, to promptly notify the applicable courts, the Legislature, and the Governor that the judgeship shall be allocated to another court.
This bill would also make a statement of legislative intent regarding the authority of the Legislature, the Governor, and the Chief Justice of California.
Existing law provides for the licensure and regulation of health facilities by the State Department of Public Health and prohibits a health facility from providing a special service without the approval of the department. Under existing law, a violation of these provisions is a crime. Existing law defines a “special service” to mean a functional division, department, or unit of a health facility that is organized, staffed, and equipped to provide a specific type of patient care and that has been identified by regulations of the department and for which the department has established special standards for quality of care. Under existing law, “special services” includes physical therapy services, occupational therapy services, or speech pathology and audiology services provided by a nursing facility to outpatients.
This bill would additionally define “special services” to mean dialysis, peritoneal, and infusion services as may be approved by the department for nursing facilities and skilled nursing facilities that are not identified in regulations of the department, if the licensee can demonstrate to the department that the special service will operate in accordance with a minimum standard for quality of care. The bill would require a licensee applying to the department for approval of special services that are not identified by regulations of the department to submit an application and other information, as specified. By expanding the application of an existing crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
It is the intent of the Legislature that this act shall not be construed to limit any of the following:
(a) The authority of the Legislature to create and fund new judgeships pursuant to Section 4 of Article VI of the California Constitution.
(b) The authority of the Governor to appoint a person to fill a vacancy pursuant to subdivision (c) of Section 16 of Article VI of the California Constitution.
(c) The authority of the Chief Justice of California to assign judges pursuant to subdivision (e) of Section 6 of Article VI of the California Constitution.
SEC. 2.
Section 69614.5 is added to the Government Code, to read:
69614.5.
(a) To provide for a more equitable distribution of judgeships and upon notice to the applicable courts, up to five vacant judgeships shall be allocated from superior courts with more authorized judgeships than their assessed judicial need to superior courts with fewer authorized judgeships than their assessed judicial need pursuant to the requirements of this section.
(b) The allocation of vacant judgeships pursuant to subdivision (a) shall be in accordance with a methodology approved by the Judicial Council after solicitation of public comments. The determination of a superior court’s assessed judicial need shall be in accordance with the uniform standards for factually determining additional judicial need in each county, as updated and approved by the Judicial Council, pursuant to the Update of Judicial Needs Study, based on the criteria set forth in subdivision (b) of Section 69614.
(c) If a judgeship in a superior court becomes vacant, the Judicial Council shall determine whether the judgeship is eligible for allocation to another superior court under the methodology, standards, and criteria described in subdivision (b). If the judgeship is eligible for allocation to another superior court, the Judicial Council shall promptly notify the applicable courts, the Legislature, and the Governor that the judgeship vacated in one court shall be allocated to another court.
(d) (1) For purposes of this section only, a judgeship shall become “vacant” when an incumbent judge relinquishes the office through resignation, retirement, death, removal, or confirmation to an appellate court judgeship during either of the following:
(A) At any time before the deadline to file a declaration of intention to become a candidate for a judicial office pursuant to Section 8023 of the Elections Code.
(B) After the deadline to file a declaration of intention to become a candidate for a judicial office pursuant to Section 8023 of the Elections Code if no candidate submits qualifying nomination papers by the deadline pursuant to Section 8020 of the Elections Code.
(2) For purposes of this section, a judgeship shall not become “vacant” when an incumbent judge relinquishes the office as a result of being defeated in an election for that office.
SECTION 1.
Section 1252 of the
Health and Safety Code
is amended to read:
1252.
(a)Except as specified in subdivision (b), “special service” means a functional division, department, or unit of a health facility that is organized, staffed, and equipped to provide a specific type or types of patient care and that has been identified by regulations of the state department and for which the state department has established special standards for quality of care. “Special service” does not include a functional division, department, or unit of a nursing facility, as defined in subdivision (k) of Section 1250, that is organized, staffed, and equipped to provide inpatient physical therapy services, occupational therapy services, or speech pathology and audiology services to residents of the facility if these services are provided solely to meet the federal Centers for Medicare and Medicaid Services certification requirements. “Special service” includes physical therapy services, occupational therapy services, or speech pathology and audiology services provided by a nursing facility, as defined in subdivision (k) of Section 1250, to outpatients.
(b)Notwithstanding subdivision (a), “special service” also means dialysis, peritoneal, and infusion services as may be approved by the department for nursing facilities and skilled nursing facilities that are not identified by regulations of the department, if the licensee can demonstrate to the satisfaction of the department that the special service will operate in accordance with a minimum standard for quality of care. The minimum standard for quality of care for the special service under this subdivision shall be equivalent to, or greater than, that of current community standards for quality of care for that type of service. Approved special services shall be listed on the facility license. Failure to maintain the agreed upon minimum standard for quality of care shall result in approval for the special service being terminated. A licensee applying to the department for approval of special services that are not identified by regulations of the department pursuant to this subdivision shall submit all the following information for the department’s consideration:
(1)A completed application on forms prescribed by the department, with additional documentation or data, as required by the department, that clearly identifies the scope of the special service proposed to be provided.
(2)The hours of operation for the special service.
(3)Whether the service is to be provided solely to the residents of the facility or also on an outpatient basis. If the service is to be provided on an outpatient basis, the licensee shall specify the population to be served.
(4)A copy of the special service policies and procedures for review and approval.
(5)The minimum staffing levels and qualifications for the proposed special service, sufficient to meet the needs of the residents and patients.
(6)Identification of the equipment and supplies necessary to meet the needs of residents and patients receiving care in the special service.
(7)Identification of an appropriate space within the facility to be used to provide the special service. A special service that is provided on an outpatient basis shall not be provided in a space that would require outpatients to traverse areas where resident sleeping rooms are located.
(8)Confirmation that the applicable building, zoning, and fire safety standards for the proposed use of the special service space are met.
(9)Any other relevant information requested by the department.
(c)This section does not limit the department’s ability to evaluate compliance with the therapy requirements for nursing facilities and skilled nursing facilities established in Title 22 of the California Code of Regulations during investigations or inspections, including, but not limited to, inspections conducted pursuant to Section 1422, or to limit the department’s ability to enforce the therapy requirements.
SEC. 2.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
### Summary:
This bill would amend Section 1252 of the Health and Safety Code to require the Department of Public Health to approve special services for nursing facilities and skilled |
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:
(a) California is experiencing a housing crisis throughout the state.
(b) The preservation of affordable housing options and the need to create more housing opportunities requires increased funding and policy changes.
(c) Mobilehome parks are community-based, affordable housing options important to many residents in our state.
(d) Local governments need tools to ensure mobilehome parks remain available as affordable hosing options.
(e) Current policy barriers inhibit local control on mobilehome parks.
(f) It is necessary to provide local governments with tools to preserve affordable mobilehome parks in their communities.
SEC. 2.
Section 798.17 of the Civil Code is repealed.
798.17.
(a)(1)Rental agreements meeting the criteria of subdivision (b) shall be exempt from any ordinance, rule, regulation, or initiative measure adopted by any local governmental entity which establishes a maximum amount that a landlord may charge a tenant for rent. The terms of a rental agreement meeting the criteria of subdivision (b) shall prevail over conflicting provisions of an ordinance, rule, regulation, or initiative measure limiting or restricting rents in mobilehome parks, only during the term of the rental agreement or one or more uninterrupted, continuous extensions thereof. If the rental agreement is not extended and no new rental agreement in excess of 12 months’ duration is entered into, then the last rental rate charged for the space under the previous rental agreement shall be the base rent for purposes of applicable provisions of law concerning rent regulation, if any.
(2)In the first sentence of the first paragraph of a rental agreement entered into on or after January 1, 1993, pursuant to this section, there shall be set forth a provision in at least 12-point boldface type if the rental agreement is printed, or in capital letters if the rental agreement is typed, giving notice to the homeowner that the rental agreement will be exempt from any ordinance, rule, regulation, or initiative measure adopted by any local governmental entity which establishes a maximum amount that a landlord may charge a tenant for rent.
(b)Rental agreements subject to this section shall meet all of the following criteria:
(1)The rental agreement shall be in excess of 12 months’ duration.
(2)The rental agreement shall be entered into between the management and a homeowner for the personal and actual residence of the homeowner.
(3)The homeowner shall have at least 30 days from the date the rental agreement is first offered to the homeowner to accept or reject the rental agreement.
(4)The homeowner who signs a rental agreement pursuant to this section may void the rental agreement by notifying management in writing within 72 hours of returning the signed rental agreement to management. This paragraph shall only apply if management provides the homeowner a copy of the signed rental agreement at the time the homeowner returns the signed rental agreement.
(5)The homeowner who signs a rental agreement pursuant to this section may void the agreement within 72 hours of receiving an executed copy of the rental agreement pursuant to Section 798.16. This paragraph shall only apply if management does not provide the homeowner with a copy of the signed rental agreement at the time the homeowner returns the signed rental agreement.
(c)If, pursuant to paragraph (3) or (4) of subdivision (b), the homeowner rejects the offered rental agreement or rescinds a signed rental agreement, the homeowner shall be entitled to instead accept, pursuant to Section 798.18, a rental agreement for a term of 12 months or less from the date the offered rental agreement was to have begun. In the event the homeowner elects to have a rental agreement for a term of 12 months or less, including a month-to-month rental agreement, the rental agreement shall contain the same rental charges, terms, and conditions as the rental agreement offered pursuant to subdivision (b), during the first 12 months, except for options, if any, contained in the offered rental agreement to extend or renew the rental agreement.
(d)Nothing in subdivision (c) shall be construed to prohibit the management from offering gifts of value, other than rental rate reductions, to homeowners who execute a rental agreement pursuant to this section.
(e)With respect to any space in a mobilehome park that is exempt under subdivision (a) from any ordinance, rule, regulation, or initiative measure adopted by any local governmental entity that establishes a maximum amount that a landlord may charge a homeowner for rent, and notwithstanding any ordinance, rule, regulation, or initiative measure, a mobilehome park shall not be assessed any fee or other exaction for a park space that is exempt under subdivision (a) imposed pursuant to any ordinance, rule, regulation, or initiative measure. No other fee or other exaction shall be imposed for a park space that is exempt under subdivision (a) for the purpose of defraying the cost of administration thereof.
(f)At the time the rental agreement is first offered to the homeowner, the management shall provide written notice to the homeowner of the homeowner’s right (1) to have at least 30 days to inspect the rental agreement, and (2) to void the rental agreement by notifying management in writing within 72 hours of receipt of an executed copy of the rental agreement. The failure of the management to provide the written notice shall make the rental agreement voidable at the homeowner’s option upon the homeowner’s discovery of the failure. The receipt of any written notice provided pursuant to this subdivision shall be acknowledged in writing by the homeowner.
(g)No rental agreement subject to subdivision (a) that is first entered into on or after January 1, 1993, shall have a provision which authorizes automatic extension or renewal of, or automatically extends or renews, the rental agreement for a period beyond the initial stated term at the sole option of either the management or the homeowner.
(h)This section does not apply to or supersede other provisions of this part or other state law.
SECTION 1.
Section 798.17.5 is added to the
Civil Code
, to read:
798.17.5.
Notwithstanding Section 798.17, with respect to mobilehome park rents within its territorial jurisdiction, the legislative body of a local governmental entity may enact a rent control ordinance for a mobilehome park where the vacancy rate exceeds ____ percent for a period of ____ months or where the rent charged to mobilehome park residents exceeds ____ percent of the average rents for mobilehome park residents within a ____ mile radius of that park. | The Mobilehome Residency Law governs the terms and conditions of residency in mobilehome parks, and exempts a rental agreement that satisfies specified
criteria
criteria, including that it be in excess of 12-months’ duration,
from any ordinance, rule, regulation, or initiative measure adopted by a local governmental entity that establishes a maximum amount a landlord may charge a tenant for rent.
This bill would
authorize the legislative body of a local governmental entity to enact a rent control ordinance for a mobilehome park within its jurisdiction when the vacancy rate in the park meets or exceeds an unspecified percentage over a certain period or where the rent charged to mobilehome park residents exceeds an unspecified percent of the average rents for mobilehome park residents within an unspecified radius of the park.
repeal these provisions. The bill would make a statement of legislative findings. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:
(a) California is experiencing a housing crisis throughout the state.
(b) The preservation of affordable housing options and the need to create more housing opportunities requires increased funding and policy changes.
(c) Mobilehome parks are community-based, affordable housing options important to many residents in our state.
(d) Local governments need tools to ensure mobilehome parks remain available as affordable hosing options.
(e) Current policy barriers inhibit local control on mobilehome parks.
(f) It is necessary to provide local governments with tools to preserve affordable mobilehome parks in their communities.
SEC. 2.
Section 798.17 of the Civil Code is repealed.
798.17.
(a)(1)Rental agreements meeting the criteria of subdivision (b) shall be exempt from any ordinance, rule, regulation, or initiative measure adopted by any local governmental entity which establishes a maximum amount that a landlord may charge a tenant for rent. The terms of a rental agreement meeting the criteria of subdivision (b) shall prevail over conflicting provisions of an ordinance, rule, regulation, or initiative measure limiting or restricting rents in mobilehome parks, only during the term of the rental agreement or one or more uninterrupted, continuous extensions thereof. If the rental agreement is not extended and no new rental agreement in excess of 12 months’ duration is entered into, then the last rental rate charged for the space under the previous rental agreement shall be the base rent for purposes of applicable provisions of law concerning rent regulation, if any.
(2)In the first sentence of the first paragraph of a rental agreement entered into on or after January 1, 1993, pursuant to this section, there shall be set forth a provision in at least 12-point boldface type if the rental agreement is printed, or in capital letters if the rental agreement is typed, giving notice to the homeowner that the rental agreement will be exempt from any ordinance, rule, regulation, or initiative measure adopted by any local governmental entity which establishes a maximum amount that a landlord may charge a tenant for rent.
(b)Rental agreements subject to this section shall meet all of the following criteria:
(1)The rental agreement shall be in excess of 12 months’ duration.
(2)The rental agreement shall be entered into between the management and a homeowner for the personal and actual residence of the homeowner.
(3)The homeowner shall have at least 30 days from the date the rental agreement is first offered to the homeowner to accept or reject the rental agreement.
(4)The homeowner who signs a rental agreement pursuant to this section may void the rental agreement by notifying management in writing within 72 hours of returning the signed rental agreement to management. This paragraph shall only apply if management provides the homeowner a copy of the signed rental agreement at the time the homeowner returns the signed rental agreement.
(5)The homeowner who signs a rental agreement pursuant to this section may void the agreement within 72 hours of receiving an executed copy of the rental agreement pursuant to Section 798.16. This paragraph shall only apply if management does not provide the homeowner with a copy of the signed rental agreement at the time the homeowner returns the signed rental agreement.
(c)If, pursuant to paragraph (3) or (4) of subdivision (b), the homeowner rejects the offered rental agreement or rescinds a signed rental agreement, the homeowner shall be entitled to instead accept, pursuant to Section 798.18, a rental agreement for a term of 12 months or less from the date the offered rental agreement was to have begun. In the event the homeowner elects to have a rental agreement for a term of 12 months or less, including a month-to-month rental agreement, the rental agreement shall contain the same rental charges, terms, and conditions as the rental agreement offered pursuant to subdivision (b), during the first 12 months, except for options, if any, contained in the offered rental agreement to extend or renew the rental agreement.
(d)Nothing in subdivision (c) shall be construed to prohibit the management from offering gifts of value, other than rental rate reductions, to homeowners who execute a rental agreement pursuant to this section.
(e)With respect to any space in a mobilehome park that is exempt under subdivision (a) from any ordinance, rule, regulation, or initiative measure adopted by any local governmental entity that establishes a maximum amount that a landlord may charge a homeowner for rent, and notwithstanding any ordinance, rule, regulation, or initiative measure, a mobilehome park shall not be assessed any fee or other exaction for a park space that is exempt under subdivision (a) imposed pursuant to any ordinance, rule, regulation, or initiative measure. No other fee or other exaction shall be imposed for a park space that is exempt under subdivision (a) for the purpose of defraying the cost of administration thereof.
(f)At the time the rental agreement is first offered to the homeowner, the management shall provide written notice to the homeowner of the homeowner’s right (1) to have at least 30 days to inspect the rental agreement, and (2) to void the rental agreement by notifying management in writing within 72 hours of receipt of an executed copy of the rental agreement. The failure of the management to provide the written notice shall make the rental agreement voidable at the homeowner’s option upon the homeowner’s discovery of the failure. The receipt of any written notice provided pursuant to this subdivision shall be acknowledged in writing by the homeowner.
(g)No rental agreement subject to subdivision (a) that is first entered into on or after January 1, 1993, shall have a provision which authorizes automatic extension or renewal of, or automatically extends or renews, the rental agreement for a period beyond the initial stated term at the sole option of either the management or the homeowner.
(h)This section does not apply to or supersede other provisions of this part or other state law.
SECTION 1.
Section 798.17.5 is added to the
Civil Code
, to read:
798.17.5.
Notwithstanding Section 798.17, with respect to mobilehome park rents within its territorial jurisdiction, the legislative body of a local governmental entity may enact a rent control ordinance for a mobilehome park where the vacancy rate exceeds ____ percent for a period of ____ months or where the rent charged to mobilehome park residents exceeds ____ percent of the average rents for mobilehome park residents within a ____ mile radius of that park.
### Summary:
This bill repeals the exemption from local rent control ordinances for mobilehome park rents. This bill also allows local governments to enact rent control ordinances for mobilehome park |
The people of the State of California do enact as follows:
SECTION 1.
Section 1841 of the Water Code is amended to read:
1841.
(a) The board may adopt regulations requiring measurement and reporting of water diversion and use by either of the following:
(1) Persons authorized to appropriate water under a permit, license, registration for small domestic, small irrigation, or livestock stockpond use,
if the registered use is year-round,
or certification for livestock stockpond
use.
use, if the certified use is year-round.
(2) Persons required to comply with measurement and reporting regulations pursuant to subparagraph (B) of paragraph (1) of subdivision (e) of Section 5103.
(b) The initial regulations that the board adopts pursuant to this section shall be adopted as emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The adoption of the initial regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health, safety, and general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, any emergency regulations adopted under this section shall remain in effect until revised by the board.
(c) The adoption of the initial regulations pursuant to this article is exempt from Division 13 (commencing with Section 21000) of the Public Resources Code.
SECTION 1.
Section 1840 of the
Water Code
is amended to read:
1840.
(a)(1)Except as provided in subdivision (b), a person who, on or after January 1, 2018, diverts 10 acre-feet of water per year or more under a permit or license shall install and maintain a device or employ a method capable of measuring the rate of direct diversion, rate of collection to storage, and rate of withdrawal or release from storage. The measurements shall be made using the best available technologies and best professional practices, as defined in Section 5100, using a device or methods satisfactory to the board, as follows:
(A)A device shall be capable of continuous monitoring of the rate and quantity of water diverted and shall be properly maintained. The permittee or licensee shall provide the board with evidence that the device has been installed with the first report submitted after installation of the device. The permittee or licensee shall provide the board with evidence demonstrating that the device is functioning properly as part of the reports submitted at five-year intervals after the report documenting installation of the device, or upon request of the board.
(B)In developing regulations pursuant to Section 1841, the board shall consider devices and methods that provide accurate measurement of the total amount diverted and the rate of diversion. The board shall consider devices and methods that provide accurate measurements within an acceptable range of error, including the following:
(i)Electricity records dedicated to a pump and recent pump test.
(ii)Staff gage calibrated with an acceptable streamflow rating curve.
(iii)Staff gage calibrated for a flume or weir.
(iv)Staff gage calibrated with an acceptable storage capacity curve.
(v)Pressure transducer and acceptable storage capacity curve.
(2)The permittee or licensee shall maintain a record of all diversion monitoring that includes the date, time, and diversion rate at time intervals of one hour or less, and the total amount of water diverted. These records shall be included with reports submitted under the permit or license, as required under subdivision (c), or upon request of the board.
(b)(1)The board may modify the requirements of subdivision (a) upon finding either of the following:
(A)That strict compliance is infeasible, is unreasonably expensive, would unreasonably affect public trust uses, or would result in the waste or unreasonable use of water.
(B)That the need for monitoring and reporting is adequately addressed by other conditions of the permit or license.
(2)The board may increase the 10-acre-foot reporting threshold of subdivision (a) in a watershed or subwatershed, after considering the diversion reporting threshold in relation to quantity of water within the watershed or subwatershed. The board may increase the 10-acre-foot reporting threshold to 25 acre-feet or more if it finds that the benefits of the additional information within the watershed or subwatershed are substantially outweighed by the cost of installing measuring devices or employing methods for measurement for diversions at the 10-acre-foot threshold.
(c)At least annually, a person who diverts water under a registration, permit, or license shall report to the board the following information:
(1)The quantity of water diverted by month.
(2)The maximum rate of diversion by months in the preceding calendar year.
(3)The information required by subdivision (a), if applicable.
(d)Compliance with the applicable requirements of this section is a condition of every registration, permit, or license. | Existing law authorizes the State Water Resources Control Board to adopt regulations requiring measurement and reporting of water diversion and use by persons including, among others, those authorized to appropriate water under a permit, license, registration for small domestic, small irrigation, or livestock stockpond use, or a certification for livestock stockpond use.
This bill would restrict the state board’s authorization to adopt regulations requiring measurement and reporting of water diversion and use by persons authorized to appropriate water under a registration or certification to uses that are year-round.
Existing law requires a person who diverts 10 acre-feet of water per year or more under a permit or license to install and maintain a device or employ a method capable of measuring the rate of direct diversion, rate of collection to storage, and rate of withdrawal or release from storage, as specified, and with certain exceptions.
This bill would delay those requirements for 2 years. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
Section 1841 of the Water Code is amended to read:
1841.
(a) The board may adopt regulations requiring measurement and reporting of water diversion and use by either of the following:
(1) Persons authorized to appropriate water under a permit, license, registration for small domestic, small irrigation, or livestock stockpond use,
if the registered use is year-round,
or certification for livestock stockpond
use.
use, if the certified use is year-round.
(2) Persons required to comply with measurement and reporting regulations pursuant to subparagraph (B) of paragraph (1) of subdivision (e) of Section 5103.
(b) The initial regulations that the board adopts pursuant to this section shall be adopted as emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The adoption of the initial regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health, safety, and general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, any emergency regulations adopted under this section shall remain in effect until revised by the board.
(c) The adoption of the initial regulations pursuant to this article is exempt from Division 13 (commencing with Section 21000) of the Public Resources Code.
SECTION 1.
Section 1840 of the
Water Code
is amended to read:
1840.
(a)(1)Except as provided in subdivision (b), a person who, on or after January 1, 2018, diverts 10 acre-feet of water per year or more under a permit or license shall install and maintain a device or employ a method capable of measuring the rate of direct diversion, rate of collection to storage, and rate of withdrawal or release from storage. The measurements shall be made using the best available technologies and best professional practices, as defined in Section 5100, using a device or methods satisfactory to the board, as follows:
(A)A device shall be capable of continuous monitoring of the rate and quantity of water diverted and shall be properly maintained. The permittee or licensee shall provide the board with evidence that the device has been installed with the first report submitted after installation of the device. The permittee or licensee shall provide the board with evidence demonstrating that the device is functioning properly as part of the reports submitted at five-year intervals after the report documenting installation of the device, or upon request of the board.
(B)In developing regulations pursuant to Section 1841, the board shall consider devices and methods that provide accurate measurement of the total amount diverted and the rate of diversion. The board shall consider devices and methods that provide accurate measurements within an acceptable range of error, including the following:
(i)Electricity records dedicated to a pump and recent pump test.
(ii)Staff gage calibrated with an acceptable streamflow rating curve.
(iii)Staff gage calibrated for a flume or weir.
(iv)Staff gage calibrated with an acceptable storage capacity curve.
(v)Pressure transducer and acceptable storage capacity curve.
(2)The permittee or licensee shall maintain a record of all diversion monitoring that includes the date, time, and diversion rate at time intervals of one hour or less, and the total amount of water diverted. These records shall be included with reports submitted under the permit or license, as required under subdivision (c), or upon request of the board.
(b)(1)The board may modify the requirements of subdivision (a) upon finding either of the following:
(A)That strict compliance is infeasible, is unreasonably expensive, would unreasonably affect public trust uses, or would result in the waste or unreasonable use of water.
(B)That the need for monitoring and reporting is adequately addressed by other conditions of the permit or license.
(2)The board may increase the 10-acre-foot reporting threshold of subdivision (a) in a watershed or subwatershed, after considering the diversion reporting threshold in relation to quantity of water within the watershed or subwatershed. The board may increase the 10-acre-foot reporting threshold to 25 acre-feet or more if it finds that the benefits of the additional information within the watershed or subwatershed are substantially outweighed by the cost of installing measuring devices or employing methods for measurement for diversions at the 10-acre-foot threshold.
(c)At least annually, a person who diverts water under a registration, permit, or license shall report to the board the following information:
(1)The quantity of water diverted by month.
(2)The maximum rate of diversion by months in the preceding calendar year.
(3)The information required by subdivision (a), if applicable.
(d)Compliance with the applicable requirements of this section is a condition of every registration, permit, or license.
### Summary:
This bill would amend the Water Code to require the State Water Resources Control Board to adopt regulations requiring measurement and reporting of water diversion and use by persons authorized to appropriate |
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares the following:
(a) Existing law, Section 1940.8.5 of the Civil Code, requires a landlord or his or her agent who applies pesticide in certain ways to a dwelling unit or common area without a licensed pest control operator to provide to tenants of potentially affected units written notification that includes the pest to be targeted, the pesticide to be used, the frequency of its use, and a health and safety statement prior to the pesticide application.
(b) It is the intent of this bill, therefore, that when pesticides are about to be applied to the separate interests or to the common areas of a common interest development either by the homeowner association or by one of its agents rather than by a licensed pest control operator, that the owners and, if applicable, tenants of the separate interests and the owners and, if applicable, tenants of adjacent separate units that could reasonably be impacted by the pesticide be provided with substantially the same written notification that they would have received under existing law had the pesticides been applied by a licensed pest control operator.
SEC. 2.
Section 4777 is added to the Civil Code, to read:
4777.
(a) For the purposes of this section:
(1) “Adjacent separate interest” means a separate interest that is directly beside, above, or below a particular separate interest or the common area.
(2) “Authorized agent” means an individual, organization, or other entity that has entered into an agreement with the association to act on the association’s behalf.
(3) “Broadcast application” means spreading pesticide over an area greater than two square feet.
(4) “Electronic delivery” means delivery of a document by electronic means to the electronic address at, or through which, an owner of a separate interest has authorized electronic delivery.
(5) “Licensed pest control operator” means anyone licensed by the state to apply pesticides.
(6) “Pest” means a living organism that causes damage to property or economic loss, or transmits or produces diseases.
(7) “Pesticide” means any substance, or mixture of substances, that is intended to be used for controlling, destroying, repelling, or mitigating any pest or organism, excluding antimicrobial pesticides as defined by the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136(mm)).
(b) (1) An association or its authorized agent that applies any pesticide to a separate interest or to the common area without a licensed pest control operator shall provide the owner and, if applicable, the tenant of an affected separate interest and, if making broadcast applications, or using total release foggers or aerosol sprays, the owner and, if applicable, the tenant in an adjacent separate interest that could reasonably be impacted by the pesticide use with written notice that contains the following statements and information using words with common and everyday meaning:
(A) The pest or pests to be controlled.
(B) The name and brand of the pesticide product proposed to be used.
(C) “State law requires that you be given the following information:
CAUTION – PESTICIDES ARE TOXIC CHEMICALS. The California Department of Pesticide Regulation and the United States Environmental Protection Agency allow the unlicensed use of certain pesticides based on existing scientific evidence that there are no appreciable risks if proper use conditions are followed or that the risks are outweighed by the benefits. The degree of risk depends upon the degree of exposure, so exposure should be minimized.
If within 24 hours following application of a pesticide, a person experiences symptoms similar to common seasonal illness comparable to influenza, the person should contact a physician, appropriate licensed health care provider, or the California Poison Control System (1-800-222-1222).
For further information, contact any of the following: for Health Questions – the County Health Department (telephone number) and for Regulatory Information – the Department of Pesticide Regulation (916-324-4100).”
(D) The approximate date, time, and frequency with which the pesticide will be applied.
(E) The following notification:
“The approximate date, time, and frequency of this pesticide application is subject to change.”
(2) At least 48 hours prior to application of the pesticide to a separate interest, the association or its authorized agent shall provide individual notice to the owner and, if applicable, the tenant of the separate interest and notice to an owner and, if applicable, the tenant occupying any adjacent separate interest that is required to be notified pursuant to paragraph (1).
(3) (A) At least 48 hours prior to application of the pesticide to a common area, the association or its authorized agent shall, if practicable, post the written notice described in paragraph (1) in a conspicuous place in or around the common area in which the pesticide is to be applied. Otherwise, if not practicable, the association or its authorized agent shall provide individual notice to the owner and, if applicable, the tenant of the separate interest that is adjacent to the common area.
(B) If the pest poses an immediate threat to health and safety, thereby making compliance with notification prior to the pesticide application unreasonable, the association or its authorized agent shall post the written notice as soon as practicable, but not later than one hour after the pesticide is applied.
(4) Notice to tenants of separate interests shall be provided, in at least one of the following ways:
(A) First-class mail.
(B) Personal delivery to a tenant 18 years of age or older.
(C) Electronic delivery, if an electronic mailing address has been provided by the tenant.
(5) (A) Upon receipt of written notification, the owner of the separate interest or the tenant may agree in writing or, if notification was delivered electronically, the tenant may agree through electronic delivery, to allow the association or authorized agent to apply a pesticide immediately or at an agreed upon time.
(B) (i) Prior to receipt of written notification, the association or authorized agent may agree orally to an immediate pesticide application if the owner or, if applicable, the tenant requests that the pesticide be applied before the 48-hour notice of the pesticide product proposed to be used.
(ii) With respect to an owner or, if applicable, a tenant entering into an oral agreement for immediate pesticide application, the association or authorized agent, no later than the time of pesticide application, shall leave the written notice specified in paragraph (1) in a conspicuous place in the separate interest or at the entrance of the separate interest in a manner in which a reasonable person would discover the notice.
(iii) If any owner or, if applicable, any tenant of a separate interest or an owner or, if applicable, a tenant of an adjacent separate interest is also required to be notified pursuant to this subparagraph, the association or authorized agent shall provide that person with this notice as soon as practicable after the oral agreement is made authorizing immediate pesticide application, but in no case later than commencement of application of the pesticide.
(6) A copy of a written notice provided pursuant paragraph (1) shall be attached to the minutes of the board meeting immediately subsequent the application of the pesticide. | Existing law, the Davis-Stirling Common Interest Development Act, regulates the creation and governance of common interest developments, which are managed by associations. Existing law generally provides that an association is responsible for maintaining common areas in the development and owners of separate interests are responsible for their interests. Existing law permits an association to require the removal of an occupant of a separate interest for those times and periods as may be necessary for the effective treatment of wood-destroying pests. Existing law generally requires a landlord or his or her authorized agent to provide notice to tenants, and under certain circumstances tenants of adjacent units, of the use of pesticides at the tenant’s dwelling unit or in common areas if the landlord or authorized agent applies any pesticide without a licensed pest control operator.
This bill would require a common interest development association or its authorized agent to provide notice to an owner and, if applicable, a tenant of a separate interest, and under certain circumstances to owners and, if applicable, tenants of adjacent separate interests, if pesticide is to be applied without a licensed pest control operator to a separate interest or to a common area. The bill would prescribe the contents of the notice and how it is to be provided. The bill would authorize an owner or tenant to agree to immediate pesticide application and would prescribe a revised notification procedure in this instance. The bill would also permit the notice to be posted, as specified, after the pesticide application if the pest poses an imminent threat to health and safety. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares the following:
(a) Existing law, Section 1940.8.5 of the Civil Code, requires a landlord or his or her agent who applies pesticide in certain ways to a dwelling unit or common area without a licensed pest control operator to provide to tenants of potentially affected units written notification that includes the pest to be targeted, the pesticide to be used, the frequency of its use, and a health and safety statement prior to the pesticide application.
(b) It is the intent of this bill, therefore, that when pesticides are about to be applied to the separate interests or to the common areas of a common interest development either by the homeowner association or by one of its agents rather than by a licensed pest control operator, that the owners and, if applicable, tenants of the separate interests and the owners and, if applicable, tenants of adjacent separate units that could reasonably be impacted by the pesticide be provided with substantially the same written notification that they would have received under existing law had the pesticides been applied by a licensed pest control operator.
SEC. 2.
Section 4777 is added to the Civil Code, to read:
4777.
(a) For the purposes of this section:
(1) “Adjacent separate interest” means a separate interest that is directly beside, above, or below a particular separate interest or the common area.
(2) “Authorized agent” means an individual, organization, or other entity that has entered into an agreement with the association to act on the association’s behalf.
(3) “Broadcast application” means spreading pesticide over an area greater than two square feet.
(4) “Electronic delivery” means delivery of a document by electronic means to the electronic address at, or through which, an owner of a separate interest has authorized electronic delivery.
(5) “Licensed pest control operator” means anyone licensed by the state to apply pesticides.
(6) “Pest” means a living organism that causes damage to property or economic loss, or transmits or produces diseases.
(7) “Pesticide” means any substance, or mixture of substances, that is intended to be used for controlling, destroying, repelling, or mitigating any pest or organism, excluding antimicrobial pesticides as defined by the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136(mm)).
(b) (1) An association or its authorized agent that applies any pesticide to a separate interest or to the common area without a licensed pest control operator shall provide the owner and, if applicable, the tenant of an affected separate interest and, if making broadcast applications, or using total release foggers or aerosol sprays, the owner and, if applicable, the tenant in an adjacent separate interest that could reasonably be impacted by the pesticide use with written notice that contains the following statements and information using words with common and everyday meaning:
(A) The pest or pests to be controlled.
(B) The name and brand of the pesticide product proposed to be used.
(C) “State law requires that you be given the following information:
CAUTION – PESTICIDES ARE TOXIC CHEMICALS. The California Department of Pesticide Regulation and the United States Environmental Protection Agency allow the unlicensed use of certain pesticides based on existing scientific evidence that there are no appreciable risks if proper use conditions are followed or that the risks are outweighed by the benefits. The degree of risk depends upon the degree of exposure, so exposure should be minimized.
If within 24 hours following application of a pesticide, a person experiences symptoms similar to common seasonal illness comparable to influenza, the person should contact a physician, appropriate licensed health care provider, or the California Poison Control System (1-800-222-1222).
For further information, contact any of the following: for Health Questions – the County Health Department (telephone number) and for Regulatory Information – the Department of Pesticide Regulation (916-324-4100).”
(D) The approximate date, time, and frequency with which the pesticide will be applied.
(E) The following notification:
“The approximate date, time, and frequency of this pesticide application is subject to change.”
(2) At least 48 hours prior to application of the pesticide to a separate interest, the association or its authorized agent shall provide individual notice to the owner and, if applicable, the tenant of the separate interest and notice to an owner and, if applicable, the tenant occupying any adjacent separate interest that is required to be notified pursuant to paragraph (1).
(3) (A) At least 48 hours prior to application of the pesticide to a common area, the association or its authorized agent shall, if practicable, post the written notice described in paragraph (1) in a conspicuous place in or around the common area in which the pesticide is to be applied. Otherwise, if not practicable, the association or its authorized agent shall provide individual notice to the owner and, if applicable, the tenant of the separate interest that is adjacent to the common area.
(B) If the pest poses an immediate threat to health and safety, thereby making compliance with notification prior to the pesticide application unreasonable, the association or its authorized agent shall post the written notice as soon as practicable, but not later than one hour after the pesticide is applied.
(4) Notice to tenants of separate interests shall be provided, in at least one of the following ways:
(A) First-class mail.
(B) Personal delivery to a tenant 18 years of age or older.
(C) Electronic delivery, if an electronic mailing address has been provided by the tenant.
(5) (A) Upon receipt of written notification, the owner of the separate interest or the tenant may agree in writing or, if notification was delivered electronically, the tenant may agree through electronic delivery, to allow the association or authorized agent to apply a pesticide immediately or at an agreed upon time.
(B) (i) Prior to receipt of written notification, the association or authorized agent may agree orally to an immediate pesticide application if the owner or, if applicable, the tenant requests that the pesticide be applied before the 48-hour notice of the pesticide product proposed to be used.
(ii) With respect to an owner or, if applicable, a tenant entering into an oral agreement for immediate pesticide application, the association or authorized agent, no later than the time of pesticide application, shall leave the written notice specified in paragraph (1) in a conspicuous place in the separate interest or at the entrance of the separate interest in a manner in which a reasonable person would discover the notice.
(iii) If any owner or, if applicable, any tenant of a separate interest or an owner or, if applicable, a tenant of an adjacent separate interest is also required to be notified pursuant to this subparagraph, the association or authorized agent shall provide that person with this notice as soon as practicable after the oral agreement is made authorizing immediate pesticide application, but in no case later than commencement of application of the pesticide.
(6) A copy of a written notice provided pursuant paragraph (1) shall be attached to the minutes of the board meeting immediately subsequent the application of the pesticide.
### Summary:
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The people of the State of California do enact as follows:
SECTION 1.
It is the intent of the Legislature to build a stable, comprehensive, and adequately funded high-quality early learning and educational support system for children from birth to five years of age, inclusive, with alignment and integration into the K–12 education system by strategically using state and federal funds, and engaging all early care and education stakeholders, including K–12 education stakeholders, in an effort to provide access to affordable, high-quality services supported by adequate rates, integrated data systems, and a strong infrastructure that supports children and the educators that serve them.
SEC. 2.
Article 15.1 (commencing with Section 8332) is added to Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code, to read:
Article 15.1. Individualized County of Santa Clara Child Care Subsidy Plan
8332.
The County of Santa Clara may, as a pilot project, develop and implement an individualized county child care subsidy plan. The plan shall ensure that child care subsidies received by the County of Santa Clara are used to address local needs, conditions, and priorities of working families in the community.
8332.1.
For purposes of this article, “county” means the County of Santa Clara.
8332.2.
(a) For purposes of this article, “plan” means an individualized county child care subsidy plan developed and approved under the pilot project described in Section 8332, which includes all of the following:
(1) An assessment to identify the county’s goals for its subsidized child care system. The assessment shall examine whether the current structure of subsidized child care funding adequately supports working families in the county and whether the county’s child care goals coincide with the state’s requirements for funding, eligibility, priority, and reimbursement. The assessment shall also identify barriers in the state’s child care subsidy system that inhibit the county from meeting its child care goals. In conducting the assessment, the county shall consider all of the following:
(A) The general demographics of families who are in need of child care, including employment, income, language, ethnic, and family composition.
(B) The current supply of available subsidized child care.
(C) The level of need for various types of subsidized child care services, including, but not limited to, infant care, after-hours care, and care for children with exceptional needs.
(D) The county’s self-sufficiency income level.
(E) Income eligibility levels for subsidized child care.
(F) Family fees.
(G) The cost of providing child care.
(H) The regional market rates, as established by the department, for different types of child care.
(I) The standard reimbursement rate or state per diem for centers operating under contracts with the department.
(J) Trends in the county’s unemployment rate and housing affordability index.
(2) (A) Development of a local policy to eliminate state-imposed regulatory barriers to the county’s achievement of its desired outcomes for subsidized child care.
(B) The local policy shall do all of the following:
(i) Prioritize lowest income families first.
(ii) Follow the family fee schedule established pursuant to Section 8273 for those families that are income eligible, as defined by Section 8263.1.
(iii) Meet local goals that are consistent with the state’s child care goals.
(iv) Identify existing policies that would be affected by the county’s plan.
(v) (I) Authorize an agency that provides child care and development services in the county through a contract with the department and either provides direct services or contracts with licensed providers or centers to apply to the department to amend existing contracts in order to benefit from the local policy.
(II) The department shall approve an application to amend an existing contract if the plan is modified pursuant to Section 8332.3.
(III) The contract of a department contractor who does not elect to request an amendment to its contract remains operative and enforceable.
(C) The local policy may supersede state law concerning child care subsidy programs with regard only to the following factors:
(i) Eligibility criteria, including, but not limited to, age, family size, time limits, income level, inclusion of former and current CalWORKs participants, and special needs considerations, except that the local policy shall not deny or reduce eligibility of a family that qualifies for child care pursuant to Section 8353. Under the local policy, a family that qualifies for child care pursuant to Section 8354 shall be treated for purposes of eligibility and fees in the same manner as a family that qualifies for subsidized child care on another basis pursuant to the local policy.
(ii) Fees, including, but not limited to, family fees, sliding scale fees, and copayments for those families that are not income eligible, as defined by Section 8263.1.
(iii) Reimbursement rates.
(iv) Methods of maximizing the efficient use of subsidy funds, including, but not limited to, multiyear contracting with the department for center-based child care, and interagency agreements that allow for flexible and temporary transfer of funds among agencies.
(3) Recognition that all funding sources utilized by direct service contractors that provide child care and development services in the county and contractors that contract with licensed providers and centers are eligible to be included in the county’s plan.
(4) Establishment of measurable outcomes to evaluate the success of the plan to achieve the county’s child care goals, and to overcome any barriers identified in the state’s child care subsidy system.
(b) Nothing in this section shall be construed to permit the county to change the regional market rate survey results for the county.
8332.3.
(a) The plan shall be submitted to the local planning council, as defined in subdivision (g) of Section 8499, for approval. Upon approval of the plan by the local planning council, the Board of Supervisors of the County of Santa Clara shall hold at least one public hearing on the plan. Following the hearing, if the board votes in favor of the plan, the plan shall be submitted to the Early Education and Support Division of the department for review.
(b) Within 30 days of receiving the plan, the Early Education and Support Division shall review and either approve or disapprove the plan.
(c) Within 30 days of receiving a modification to the plan, the Early Education and Support Division shall review and either approve or disapprove that modification to the plan.
(d) The Early Education and Support Division may disapprove only those portions of modifications to the plan that are not in conformance with this article or that are in conflict with federal law.
8332.4.
The county shall, by the end of the first fiscal year of operation under the approved child care subsidy plan, demonstrate, in the report required pursuant to Section 8332.5, an increase in the aggregate days a child is enrolled in child care in the county as compared to the enrollment in the final quarter of the 2015–16 fiscal year.
8332.5.
(a) The county shall annually prepare and submit to the Legislature, the State Department of Social Services, and the department a report that summarizes the success of the county’s plan, and the county’s ability to maximize the use of funds and to improve and stabilize child care in the county.
(b) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
8332.6.
A participating contractor shall receive an increase or decrease in funding that the contractor would have received if the contractor had not participated in the plan.
8332.7.
This article shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date.
SEC. 3.
The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances in the County of Santa Clara. Existing law does not reflect the fiscal reality of living in the County of Santa Clara, a high-cost county where the cost of living is well beyond the state median level, resulting in reduced access to quality child care. In recognition of the unintended consequences of living in a high-cost county, this act is necessary to provide children and families in the County of Santa Clara proper access to child care through an individualized county child care subsidy plan. | The Child Care and Development Services Act has a purpose of providing a comprehensive, coordinated, and cost-effective system of child care and development services for children from infancy to 13 years of age and their parents, including a full range of supervision, health, and support services through full- and part-time programs. Existing law requires the Superintendent of Public Instruction to develop standards for the implementation of quality child care programs. Existing law authorizes the County of Alameda, as a pilot project, to develop an individualized county child care subsidy plan, as provided.
This bill would authorize, until January 1, 2022, the County of Santa Clara to develop and implement an individualized county child care subsidy plan, as specified. The bill would require the plan to be submitted to the local planning council and the Santa Clara County Board of Supervisors for approval, as specified. The bill would require the Early Education and Support Division of the State Department of Education to review and approve or disapprove the plan and any subsequent modifications to the plan. The bill would require the County of Santa Clara to annually prepare and submit to the Legislature, the State Department of Social Services, and the State Department of Education a report that contains specified information relating to the success of the county’s plan.
This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Santa Clara. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
It is the intent of the Legislature to build a stable, comprehensive, and adequately funded high-quality early learning and educational support system for children from birth to five years of age, inclusive, with alignment and integration into the K–12 education system by strategically using state and federal funds, and engaging all early care and education stakeholders, including K–12 education stakeholders, in an effort to provide access to affordable, high-quality services supported by adequate rates, integrated data systems, and a strong infrastructure that supports children and the educators that serve them.
SEC. 2.
Article 15.1 (commencing with Section 8332) is added to Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code, to read:
Article 15.1. Individualized County of Santa Clara Child Care Subsidy Plan
8332.
The County of Santa Clara may, as a pilot project, develop and implement an individualized county child care subsidy plan. The plan shall ensure that child care subsidies received by the County of Santa Clara are used to address local needs, conditions, and priorities of working families in the community.
8332.1.
For purposes of this article, “county” means the County of Santa Clara.
8332.2.
(a) For purposes of this article, “plan” means an individualized county child care subsidy plan developed and approved under the pilot project described in Section 8332, which includes all of the following:
(1) An assessment to identify the county’s goals for its subsidized child care system. The assessment shall examine whether the current structure of subsidized child care funding adequately supports working families in the county and whether the county’s child care goals coincide with the state’s requirements for funding, eligibility, priority, and reimbursement. The assessment shall also identify barriers in the state’s child care subsidy system that inhibit the county from meeting its child care goals. In conducting the assessment, the county shall consider all of the following:
(A) The general demographics of families who are in need of child care, including employment, income, language, ethnic, and family composition.
(B) The current supply of available subsidized child care.
(C) The level of need for various types of subsidized child care services, including, but not limited to, infant care, after-hours care, and care for children with exceptional needs.
(D) The county’s self-sufficiency income level.
(E) Income eligibility levels for subsidized child care.
(F) Family fees.
(G) The cost of providing child care.
(H) The regional market rates, as established by the department, for different types of child care.
(I) The standard reimbursement rate or state per diem for centers operating under contracts with the department.
(J) Trends in the county’s unemployment rate and housing affordability index.
(2) (A) Development of a local policy to eliminate state-imposed regulatory barriers to the county’s achievement of its desired outcomes for subsidized child care.
(B) The local policy shall do all of the following:
(i) Prioritize lowest income families first.
(ii) Follow the family fee schedule established pursuant to Section 8273 for those families that are income eligible, as defined by Section 8263.1.
(iii) Meet local goals that are consistent with the state’s child care goals.
(iv) Identify existing policies that would be affected by the county’s plan.
(v) (I) Authorize an agency that provides child care and development services in the county through a contract with the department and either provides direct services or contracts with licensed providers or centers to apply to the department to amend existing contracts in order to benefit from the local policy.
(II) The department shall approve an application to amend an existing contract if the plan is modified pursuant to Section 8332.3.
(III) The contract of a department contractor who does not elect to request an amendment to its contract remains operative and enforceable.
(C) The local policy may supersede state law concerning child care subsidy programs with regard only to the following factors:
(i) Eligibility criteria, including, but not limited to, age, family size, time limits, income level, inclusion of former and current CalWORKs participants, and special needs considerations, except that the local policy shall not deny or reduce eligibility of a family that qualifies for child care pursuant to Section 8353. Under the local policy, a family that qualifies for child care pursuant to Section 8354 shall be treated for purposes of eligibility and fees in the same manner as a family that qualifies for subsidized child care on another basis pursuant to the local policy.
(ii) Fees, including, but not limited to, family fees, sliding scale fees, and copayments for those families that are not income eligible, as defined by Section 8263.1.
(iii) Reimbursement rates.
(iv) Methods of maximizing the efficient use of subsidy funds, including, but not limited to, multiyear contracting with the department for center-based child care, and interagency agreements that allow for flexible and temporary transfer of funds among agencies.
(3) Recognition that all funding sources utilized by direct service contractors that provide child care and development services in the county and contractors that contract with licensed providers and centers are eligible to be included in the county’s plan.
(4) Establishment of measurable outcomes to evaluate the success of the plan to achieve the county’s child care goals, and to overcome any barriers identified in the state’s child care subsidy system.
(b) Nothing in this section shall be construed to permit the county to change the regional market rate survey results for the county.
8332.3.
(a) The plan shall be submitted to the local planning council, as defined in subdivision (g) of Section 8499, for approval. Upon approval of the plan by the local planning council, the Board of Supervisors of the County of Santa Clara shall hold at least one public hearing on the plan. Following the hearing, if the board votes in favor of the plan, the plan shall be submitted to the Early Education and Support Division of the department for review.
(b) Within 30 days of receiving the plan, the Early Education and Support Division shall review and either approve or disapprove the plan.
(c) Within 30 days of receiving a modification to the plan, the Early Education and Support Division shall review and either approve or disapprove that modification to the plan.
(d) The Early Education and Support Division may disapprove only those portions of modifications to the plan that are not in conformance with this article or that are in conflict with federal law.
8332.4.
The county shall, by the end of the first fiscal year of operation under the approved child care subsidy plan, demonstrate, in the report required pursuant to Section 8332.5, an increase in the aggregate days a child is enrolled in child care in the county as compared to the enrollment in the final quarter of the 2015–16 fiscal year.
8332.5.
(a) The county shall annually prepare and submit to the Legislature, the State Department of Social Services, and the department a report that summarizes the success of the county’s plan, and the county’s ability to maximize the use of funds and to improve and stabilize child care in the county.
(b) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
8332.6.
A participating contractor shall receive an increase or decrease in funding that the contractor would have received if the contractor had not participated in the plan.
8332.7.
This article shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date.
SEC. 3.
The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances in the County of Santa Clara. Existing law does not reflect the fiscal reality of living in the County of Santa Clara, a high-cost county where the cost of living is well beyond the state median level, resulting in reduced access to quality child care. In recognition of the unintended consequences of living in a high-cost county, this act is necessary to provide children and families in the County of Santa Clara proper access to child care through an individualized county child care subsidy plan.
### Summary:
This bill would enact Article 15.1 (commencing with Section 8332) of Chapter 2 of Part 6 of Division |
The people of the State of California do enact as follows:
SECTION 1.
Article 2 (commencing with Section 18706) is added to Chapter 3 of Part 10.2 of Division 2 of the Revenue and Taxation Code, to read:
Article 2. Special Olympics Fund
18706.
(a) Any individual may designate on the tax return that a contribution in excess of the tax liability, if any, be made to the Special Olympics Fund established by Section 18707 to be used by the Special Olympics Northern California and the Special Olympics Southern California.
(b) The contribution shall be in full dollar amounts and may be made individually by each signatory on the joint return.
(c) A designation under subdivision (a) shall be made for any taxable year on the original return for that taxable year, and once made shall be irrevocable. If payments and credits reported on the return, together with any other credits associated with the individual’s account, do not exceed the individual’s tax liability, the return shall be treated as though no designation has been made.
(d) (1) The Franchise Tax Board shall revise the form of the return to include a space labeled “Special Olympics Fund” to allow for the designation permitted under subdivision (a). The form shall also include in the instructions information that the contribution may be in the amount of one dollar ($1) or more and that the contribution shall be used to conduct the activities of the Special Olympics Northern California and the Special Olympics Southern California in support of children and adults with intellectual disabilities.
(2) Notwithstanding paragraph (1), a voluntary contribution designation for the Special Olympics Fund shall not be added on the tax return until another voluntary contribution designation is removed or space is available, whichever occurs first.
(e) A deduction shall be allowed under Article 6 (commencing with Section 17201) of Chapter 3 of Part 10 for any contribution made pursuant to subdivision (a).
18707.
There is hereby established in the State Treasury the Special Olympics Fund to receive contributions made pursuant to Section 18706. The Franchise Tax Board shall notify the Controller of both the amount of money paid by taxpayers in excess of their tax liability and the amount of refund money that taxpayers have designated pursuant to Section 18706 to be transferred to the Special Olympics Fund. The Controller shall transfer from the Personal Income Tax Fund to the Special Olympics Fund an amount not in excess of the sum of the amounts designated by individuals pursuant to Section 18706 for payment into that fund.
18708.
All moneys transferred to the Special Olympics Fund pursuant to Section 18707, upon appropriation by the Legislature, shall be allocated as follows:
(a) To the Franchise Tax Board and the Controller for reimbursement of all costs incurred by the Franchise Tax Board and the Controller in connection with their duties under this article.
(b) To the State Department of Social Services where the balance shall be disbursed between the Special Olympics Northern California and the Special Olympics Southern California based on the amount of donations provided by taxpayers in each organization’s jurisdiction based on the county of the taxpayer contributing, for the purpose of supporting children and adults with intellectual disabilities. The State Department of Social Services shall be responsible for overseeing that disbursement and may use up to 3 percent of the moneys allocated to it for administrative costs. The Special Olympics Northern California and the Special Olympics Southern California shall not use the moneys received pursuant to this article for administrative costs.
(c) The Special Olympics Northern California and the Special Olympics Southern California shall annually provide a report to the State Department of Social Services that includes documentation that the moneys disbursed to each organization pursuant to this section were not used for administrative costs nor for any purposes outside of California and that describes in narrative form the amount of moneys received pursuant to this section and the purposes for which the moneys were expended.
18709.
(a) Except as otherwise provided in paragraph (2) of subdivision (b), this article shall remain in effect only until January 1 of the fifth taxable year following the first appearance of the Special Olympics Fund on the personal income tax return, and is repealed as of December 1 of that year.
(b) (1) By September 1 of the second calendar year and each subsequent calendar year that the Special Olympics Fund appears on the tax return, the Franchise Tax Board shall do both of the following:
(A) Determine the minimum contribution amount required to be received during the next calendar year for the fund to appear on the tax return for the taxable year that includes that next calendar year.
(B) Determine whether the amount of contributions estimated to be received during the calendar year will equal or exceed the minimum contribution amount determined by the Franchise Tax Board for the calendar year pursuant to subparagraph (A). The Franchise Tax Board shall estimate the amount of contributions to be received by using the actual amounts received and an estimate of the contributions that will be received by the end of that calendar year.
(2) If the Franchise Tax Board determines that the amount of the contributions estimated to be received during a calendar year will not at least equal the minimum contribution amount for the calendar year, this article shall be inoperative with respect to taxable years beginning on or after January 1 of that calendar year and shall be repealed on December 1 of that year.
(3) For purposes of this section, the minimum contribution amount for a calendar year means two hundred fifty thousand dollars ($250,000) for the second calendar year after the first appearance of the Special Olympics Fund on the personal income tax return or the minimum contribution amount as adjusted pursuant to subdivision (c).
(c) For each calendar year, beginning with the third calendar year after the first appearance of the Special Olympics Fund on the personal income tax return, the Franchise Tax Board shall adjust, on or before September 1 of that calendar year, the minimum contribution amount specified in subdivision (b) as follows:
(1) The minimum contribution amount for the calendar year shall be an amount equal to the product of the minimum contribution amount for the prior calendar year multiplied by the inflation factor adjustment as specified in subparagraph (A) of paragraph (2) of subdivision (h) of Section 17041, rounded off to the nearest dollar.
(2) The inflation factor adjustment used for the calendar year shall be based on the figures for the percentage change in the California Consumer Price Index for all items received on or before August 1 of the calendar year pursuant to paragraph (1) of subdivision (h) of Section 17041. | Under existing law, taxpayers are allowed to contribute amounts in excess of their personal income tax liability for the support of various funds. Existing law also contains administrative provisions that are generally applicable to voluntary contributions.
This bill would allow a taxpayer to designate an amount in excess of personal income tax liability to be deposited to the Special Olympics Fund, which the bill would create. The bill would require moneys transferred to the Special Olympics Fund, upon appropriation by the Legislature, to be allocated to the Franchise Tax Board and the Controller, as provided, and to the State Department of Social Services for disbursement to the Special Olympics Northern California and the Special Olympics Southern California for the purpose of funding activities of the Special Olympics in support of children and adults with intellectual disabilities, as provided. The bill would authorize the State Department of Social Services to use up to 3% of the moneys allocated to it for administrative costs. The bill would require the Special Olympics Northern California and the Special Olympics Southern California to annually provide a report to the State Department of Social Services regarding the expenditure of the moneys disbursed to each organization, as specified. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
Article 2 (commencing with Section 18706) is added to Chapter 3 of Part 10.2 of Division 2 of the Revenue and Taxation Code, to read:
Article 2. Special Olympics Fund
18706.
(a) Any individual may designate on the tax return that a contribution in excess of the tax liability, if any, be made to the Special Olympics Fund established by Section 18707 to be used by the Special Olympics Northern California and the Special Olympics Southern California.
(b) The contribution shall be in full dollar amounts and may be made individually by each signatory on the joint return.
(c) A designation under subdivision (a) shall be made for any taxable year on the original return for that taxable year, and once made shall be irrevocable. If payments and credits reported on the return, together with any other credits associated with the individual’s account, do not exceed the individual’s tax liability, the return shall be treated as though no designation has been made.
(d) (1) The Franchise Tax Board shall revise the form of the return to include a space labeled “Special Olympics Fund” to allow for the designation permitted under subdivision (a). The form shall also include in the instructions information that the contribution may be in the amount of one dollar ($1) or more and that the contribution shall be used to conduct the activities of the Special Olympics Northern California and the Special Olympics Southern California in support of children and adults with intellectual disabilities.
(2) Notwithstanding paragraph (1), a voluntary contribution designation for the Special Olympics Fund shall not be added on the tax return until another voluntary contribution designation is removed or space is available, whichever occurs first.
(e) A deduction shall be allowed under Article 6 (commencing with Section 17201) of Chapter 3 of Part 10 for any contribution made pursuant to subdivision (a).
18707.
There is hereby established in the State Treasury the Special Olympics Fund to receive contributions made pursuant to Section 18706. The Franchise Tax Board shall notify the Controller of both the amount of money paid by taxpayers in excess of their tax liability and the amount of refund money that taxpayers have designated pursuant to Section 18706 to be transferred to the Special Olympics Fund. The Controller shall transfer from the Personal Income Tax Fund to the Special Olympics Fund an amount not in excess of the sum of the amounts designated by individuals pursuant to Section 18706 for payment into that fund.
18708.
All moneys transferred to the Special Olympics Fund pursuant to Section 18707, upon appropriation by the Legislature, shall be allocated as follows:
(a) To the Franchise Tax Board and the Controller for reimbursement of all costs incurred by the Franchise Tax Board and the Controller in connection with their duties under this article.
(b) To the State Department of Social Services where the balance shall be disbursed between the Special Olympics Northern California and the Special Olympics Southern California based on the amount of donations provided by taxpayers in each organization’s jurisdiction based on the county of the taxpayer contributing, for the purpose of supporting children and adults with intellectual disabilities. The State Department of Social Services shall be responsible for overseeing that disbursement and may use up to 3 percent of the moneys allocated to it for administrative costs. The Special Olympics Northern California and the Special Olympics Southern California shall not use the moneys received pursuant to this article for administrative costs.
(c) The Special Olympics Northern California and the Special Olympics Southern California shall annually provide a report to the State Department of Social Services that includes documentation that the moneys disbursed to each organization pursuant to this section were not used for administrative costs nor for any purposes outside of California and that describes in narrative form the amount of moneys received pursuant to this section and the purposes for which the moneys were expended.
18709.
(a) Except as otherwise provided in paragraph (2) of subdivision (b), this article shall remain in effect only until January 1 of the fifth taxable year following the first appearance of the Special Olympics Fund on the personal income tax return, and is repealed as of December 1 of that year.
(b) (1) By September 1 of the second calendar year and each subsequent calendar year that the Special Olympics Fund appears on the tax return, the Franchise Tax Board shall do both of the following:
(A) Determine the minimum contribution amount required to be received during the next calendar year for the fund to appear on the tax return for the taxable year that includes that next calendar year.
(B) Determine whether the amount of contributions estimated to be received during the calendar year will equal or exceed the minimum contribution amount determined by the Franchise Tax Board for the calendar year pursuant to subparagraph (A). The Franchise Tax Board shall estimate the amount of contributions to be received by using the actual amounts received and an estimate of the contributions that will be received by the end of that calendar year.
(2) If the Franchise Tax Board determines that the amount of the contributions estimated to be received during a calendar year will not at least equal the minimum contribution amount for the calendar year, this article shall be inoperative with respect to taxable years beginning on or after January 1 of that calendar year and shall be repealed on December 1 of that year.
(3) For purposes of this section, the minimum contribution amount for a calendar year means two hundred fifty thousand dollars ($250,000) for the second calendar year after the first appearance of the Special Olympics Fund on the personal income tax return or the minimum contribution amount as adjusted pursuant to subdivision (c).
(c) For each calendar year, beginning with the third calendar year after the first appearance of the Special Olympics Fund on the personal income tax return, the Franchise Tax Board shall adjust, on or before September 1 of that calendar year, the minimum contribution amount specified in subdivision (b) as follows:
(1) The minimum contribution amount for the calendar year shall be an amount equal to the product of the minimum contribution amount for the prior calendar year multiplied by the inflation factor adjustment as specified in subparagraph (A) of paragraph (2) of subdivision (h) of Section 17041, rounded off to the nearest dollar.
(2) The inflation factor adjustment used for the calendar year shall be based on the figures for the percentage change in the California Consumer Price Index for all items received on or before August 1 of the calendar year pursuant to paragraph (1) of subdivision (h) of Section 17041.
### Summary:
This bill adds Article 2 to Chapter 3 of Part 10.2 of Division 2 of the Revenue and Taxation Code to allow taxpayers to designate |
The people of the State of California do enact as follows:
SECTION 1.
Section 31494.2 of the Government Code is amended to read:
31494.2.
(a) A general member whose benefits are governed by Retirement Plan D may, during a period of active employment, elect to change plan membership and become a member, prospectively, in Retirement Plan E. The election shall be made upon written application signed by the member and filed with the board, pursuant to enrollment procedures and during an enrollment period established by the board, which enrollment period shall not occur more frequently than once every three years for that member. The change in plan membership shall be effective as of the transfer date, as defined in subdivision (d). Except as otherwise provided in this section, the rights and obligations of a member who elects to change membership under this section shall be governed by the terms of this article on and after the transfer date. Prior to the transfer date, the rights to retirement, survivors’, or other benefits payable to a member and his or her survivors or beneficiaries shall continue to be governed by Retirement Plan D.
(b) Except as otherwise provided in this section, effective as of the transfer date, a member who has transferred to Retirement Plan E pursuant to this section and his or her survivors or beneficiaries shall receive retirement, survivors’, and other benefits that shall consist of: (1) the benefits to which they are entitled under the terms of Retirement Plan E, but based on the member’s service credited only under that plan, and payable at the time and in the manner provided under Retirement Plan E, and (2) the benefits to which they would have been entitled under the terms of Retirement Plan D had the member remained a member of Retirement Plan D, but based on the member’s service credited only under that plan, and payable at the time and in the manner provided under Retirement Plan D. Except as otherwise provided in this section, the calculation of the member’s, survivors’, or beneficiaries’ benefits under each plan shall be subject to that plan’s respective, separate terms, including, but not limited to, the definitions of “final compensation” and provisions establishing cost-of-living adjustments, establishing minimum retirement age and service requirements, and governing integration with federal social security payments. Notwithstanding the foregoing, the aggregate service credited under both retirement plans shall be taken into account for the purpose of determining eligibility for and vesting of benefits under each plan.
(c) Notwithstanding any other provision of Retirement Plan D or Retirement Plan E:
(1) A member who has transferred to Retirement Plan E pursuant to this section may not retire for disability and receive disability retirement benefits under Retirement Plan D.
(2) If a member who has transferred to Retirement Plan E pursuant to this section dies prior to retirement, that member’s survivor or beneficiary may not receive survivor or death benefits under Retirement Plan D but shall receive a refund of the member’s contributions to Retirement Plan D together with all interest credited thereto.
(d) As used in this section:
(1) “Period of active employment” means a period during which the member is actively performing the duties of a full-time or part-time employee position or is on any authorized paid leave of absence, except a leave of absence during which the member is totally disabled and is receiving, or is eligible to receive, disability benefits, either during or after any elimination or qualifying period, under a disability plan provided by the employer.
(2) “Retirement Plan D” means the contributory retirement plan otherwise available to members of the system between June 1, 1979, and December 31, 2012, inclusive.
(3) “Retirement Plan E” means the noncontributory retirement plan established under this article.
(4) “Transfer date” means the first day of the first month that is at least 30 days after the date that the application is filed with the board to change plan membership under subdivision (a).
(e) This section shall only be applicable to Los Angeles County and shall not become operative until the board of supervisors of that county elects, by resolution adopted by a majority vote, to make this section operative in the county.
SEC. 2.
Section 31494.5 of the Government Code is amended to read:
31494.5.
(a) A general member whose benefits are governed by Retirement Plan E may, during a period of active employment, elect to change plan membership and become a member, prospectively, in Retirement Plan D. The election shall be made upon written application signed by the member and filed with the board, pursuant to enrollment procedures and during an enrollment period established by the board, which enrollment period shall not occur more frequently than once every three years for that member. The change in plan membership shall be effective as of the transfer date, as defined in subdivision (g). Except as otherwise provided in this section, the rights and obligations of a member who elects to change membership under this section shall be governed by the terms of Retirement Plan D on and after the transfer date. Prior to the transfer date, the rights to retirement, survivors’, or other benefits payable to a member and his or her survivors or beneficiaries shall continue to be governed by Retirement Plan E.
(b) If a member has made the election to change plans under subdivision (a), monthly contributions by the member and the employer under the terms of Retirement Plan D shall commence as of the transfer date. For the purposes of calculating the member’s contribution rate under Retirement Plan D, his or her entry age shall be deemed to be his or her age at his or her birthday nearest the transfer date; however, if the member exchanges service credit in accordance with subdivision (c), with regard to contributions made for periods after that exchange, his or her entry age shall be adjusted and deemed to be the member’s age at his or her birthday nearest the date on which begins the most recent period of unbroken service credited under Retirement Plan D, taking into account service purchased under subdivision (c). In no event shall the exchange of service under subdivision (c) affect the entry age with respect to, or the cost of, employee contributions made, or service purchased, prior to the exchange.
(c) (1) A general member who has elected to change plans under subdivision (a) also may elect to exchange, at that time or any time thereafter, but prior to the earlier of his or her application for retirement, termination from employment, or death, some portion designated in whole-month increments, or all of the service credited under Retirement Plan E for an equivalent amount of service credited under Retirement Plan D, provided, however, that the member may not exchange less than 12 months’ service or, if less, the total service credited under Retirement Plan E. The exchange shall be effective on the date when the member completes the purchase of that service by depositing in the retirement fund, by lump sum or regular monthly installments, over the period of time determined by a resolution adopted by a majority vote of the board of retirement, or both, but in any event prior to the earlier of his or her death or the date that is 120 days after the effective date of his or her retirement, the sum of: (1) the contributions the member would have made to the retirement fund under Retirement Plan D for that length of time for which the member shall receive credit as service under Retirement Plan D, computed in accordance with the rate of contribution applicable to the member under Retirement Plan D, based upon his or her entry age, and in the same manner prescribed under Retirement Plan D as if that plan had been in effect during the period for which the member shall receive service credit, and (2) the regular interest thereon.
(2) For the purposes of this subdivision, a member’s entry age shall be deemed to be the member’s age at his or her birthday nearest the date on which begins the most recent period of unbroken service credited under Retirement Plan D following completion of the service exchange under this subdivision. A member may receive credit for a period of service under only one plan and in no event shall a member receive credit for the same period of service under both Retirement Plan D and Retirement Plan E.
(3) A member who fails to complete the purchase of service as required under this subdivision shall be treated as completing an exchange of service under Retirement Plan E for an equivalent amount of service under Retirement Plan D only with regard to the service that actually has been purchased through completed deposit with the retirement fund of the requisite purchase amount, calculated in accordance with this subdivision.
(d) Except as otherwise provided in this section, effective as of the transfer date, a member who has transferred to Retirement Plan D pursuant to this section and his or her survivors or beneficiaries shall receive retirement, disability, survivors’, death, or other benefits that shall consist of: (1) the benefits to which they are entitled under the terms of Retirement Plan D, but based on the member’s service credited only under that plan, and payable at the time and in the manner provided under Retirement Plan D, and (2) the benefits to which they would have been entitled under the terms of Retirement Plan E had the member remained a member of Retirement Plan E, but based on the member’s service credited only under that plan, and payable at the time and in the manner provided under Retirement Plan E. Except as otherwise provided in this section, the calculation of the portion of a member’s or beneficiary’s benefit that is attributable to each plan is subject to that plan’s respective, separate terms, including, but not limited to, the definitions of “final compensation” and provisions establishing cost-of-living adjustments, establishing minimum age and service requirements, and governing integration with federal social security payments. Notwithstanding the foregoing, the aggregate service credited under both Retirement Plan D and Retirement Plan E shall be taken into account for the purpose of determining eligibility for, and vesting of, benefits under each plan.
(e) Notwithstanding any other provision of Retirement Plan D or Retirement Plan E, a member who transfers into Retirement Plan D under this section may retire for service-connected or nonservice-connected disability and receive disability benefits under Retirement Plan D only if he or she has either (1) completed two continuous years of active service after his or her most recent transfer date, or (2) earned five years of retirement service credit under Retirement Plan D after his or her most recent transfer date. Notwithstanding any other provision to the contrary, a member who becomes disabled and does not meet either of these conditions (1) may apply for and receive only a deferred or service retirement allowance, or (2) may elect to transfer prospectively back to Retirement Plan E, and for the purposes of calculating his or her retirement benefits under this section, shall in lieu of credit under Retirement Plan D be credited with service under Retirement Plan E as provided under subdivision (g) of Section 31488 during any period he or she is totally disabled and is receiving, or eligible to receive, disability benefits, either during or after any elimination or qualifying period, under a disability plan provided by the employer up to the earlier of the date he or she retires or no longer qualifies for disability benefits. If a member dies before he or she is eligible to retire and before completing either two continuous years of active service after the transfer date into Retirement Plan D or after earning five years of retirement service credit under Retirement Plan D after that transfer date, that member’s beneficiary shall not be entitled to the survivor allowance under Section 31781.1 or 31781.12, if operative.
(f) Notwithstanding any other provisions of Retirement Plan D or Retirement Plan E, a member who has transferred to Retirement Plan D pursuant to this section and who retires for disability when eligible under this section and Retirement Plan D, may not also retire for service and receive service retirement benefits under Retirement Plan E. However, for the purpose of calculating disability benefits under Retirement Plan D, the “sum to which he or she would be entitled as service retirement” or his or her “service retirement allowance,” as those terms are used in Sections 31726, 31726.5, and 31727.4, shall consist of the blended benefit to which the member would be entitled under subdivision (d) if he or she retired for service, not just the service retirement benefit to which he or she would be entitled under Retirement Plan D.
(g) As used in this section:
(1) “Active service” means time spent on active, on-the-job performance of the duties of a full-time or part-time position and on any authorized paid leaves of absence; provided, however, that any authorized paid leave of absence or part-time service shall not constitute active service if the leave of absence or part-time service is necessitated by a preexisting disability, injury, or disease. The board of retirement shall determine whether or not a leave of absence or part-time service is necessitated by a preexisting disability, injury, or disease, and thus excluded from the member’s active service, based upon evidence presented by the employer and the member upon request by the board.
(2) “Entry age” means the age used for calculating the normal rate of contribution to Retirement Plan D with respect to a member who has transferred membership to Retirement Plan D under this section.
(3) “Period of active employment” means a period during which the member is actively performing the duties of a full-time or part-time employee position or is on any authorized paid leave of absence, except a leave of absence during which the member is totally disabled and is receiving, or is eligible to receive, disability benefits, either during or after any elimination or qualifying period, under a disability plan provided by the employer.
(4) “Retirement Plan D” means the contributory retirement plan otherwise available to members of the system between June 1, 1979, and December 31, 2012, inclusive.
(5) “Retirement Plan E” means the noncontributory retirement plan established under this article.
(6) “Transfer date” means the first day of the first month that is at least 30 days after the date that the application is filed with the board to change plan membership under subdivision (a).
(h) This section shall only be applicable to Los Angeles County and shall not become operative until the board of supervisors of that county elects, by resolution adopted by a majority vote, to make this section operative in the county.
SEC. 3.
Section 31495.7 is added to the Government Code, to read:
31495.7.
Section 31835.1 applies to a member eligible to retire at 55 years of age pursuant to Section 31491. This section is declaratory of existing law.
SEC. 4.
Section 31520.6 is added to the Government Code, to read:
31520.6.
Notwithstanding any provision to the contrary in Section 31520.3 or 31520.5, in any county in which there is an alternate retired member, if the eighth member is present, the alternate retired member may also vote as a member of the board in the event both the second and third, or both the second and seventh, or both the third and seventh members are absent for any cause.
SEC. 5.
Section 31526 of the Government Code is amended to read:
31526.
The regulations shall include provisions:
(a) For the election of officers, their terms, meetings, and all other matters relating to the administrative procedure of the board.
(b) For one of the following:
(1) The filing of a sworn statement by every person who is or becomes a member, showing date of birth, nature and duration of employment with the county, compensation received, and other information as is required by the board.
(2) In lieu of a sworn statement, the submission by the member’s employer to the retirement association of the information otherwise required in paragraph (1), in a form determined by the retirement association.
(c) For forms of annuity certificates and other forms as required. | The County Employees Retirement Law of 1937 (CERL) establishes retirement plans, known as Retirement Plan D and Retirement Plan E, that are applicable in the retirement system in Los Angeles County and prescribes procedures for members to transfer between those plans. CERL defines “Retirement Plan E” to mean the noncontributory retirement plan established by specific provisions, and defines “Retirement Plan D” to mean the contributory retirement plan otherwise available to new members of the retirement system on the transfer date.
This bill would revise the definition of Retirement Plan D to, instead, refer to the contributory retirement plan otherwise available to members of the system between June 1, 1979, and December 31, 2012, inclusive.
CERL provides for the retirement system in Los Angeles County specific ages and pension allowances for normal and early retirement. Under CERL, a member of a CERL retirement system who is eligible to retire at 50 years of age pursuant to specified statute, or who is required to retire because of age while a member of the Public Employees’ Retirement System (PERS), a CERL retirement system in another county, the State Teachers’ Retirement System (STRS), or a retirement system of any other public agency of the state that has established reciprocity with PERS subject to certain conditions, but who cannot retire concurrently from PERS, a CERL retirement system in another county, STRS, or a retirement system of any other public agency of the state that has established reciprocity with PERS subject to certain conditions, is entitled to have final compensation and service determined under specific statutes as if the member had retired concurrently under that other system (concurrent retirement exception). Provisions of CERL specifically applicable to Los Angeles County, among other things, apply reciprocal benefits, including the concurrent retirement exception, to the retirement system in Los Angeles County.
This bill would amend provisions of CERL specifically applicable to Los Angeles County to provide that the concurrent retirement exception applies to a member of the retirement system in Los Angeles County eligible to retire at 55 years of age and would state that the amendment is declaratory of existing law.
CERL sets forth the membership composition for boards of retirement, as specified. Under that law, the retirement board in specified counties is comprised of 9 members and an alternate member, as specified. That law also authorizes specified counties to appoint an alternate retired member to the office of the 8th member of the board and authorizes the alternate retired member to vote as a member of the board only in the event the 8th member is absent from a board meeting for any cause.
This bill would additionally authorize the alternate retired member to vote as a member of the board if the 8th member is present and both the 2nd and 3rd, both the 2nd and 7th, or both the 3rd and 7th members are absent for any cause.
Under CERL, except as specified, the management of a retirement system is vested in the board of retirement. CERL authorizes such a board to make regulations not inconsistent with that law, and requires that the regulations include specific provisions, including provisions for the filing of a sworn statement by every person who is or becomes a member, showing date of birth, nature and duration of employment with the county, compensation received, and other information as is required by the board.
This bill would authorize those regulations, in lieu of a sworn statement, to provide for the submission by a member’s employer to the retirement association of the information otherwise required in a sworn statement, in a form determined by the retirement association. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
Section 31494.2 of the Government Code is amended to read:
31494.2.
(a) A general member whose benefits are governed by Retirement Plan D may, during a period of active employment, elect to change plan membership and become a member, prospectively, in Retirement Plan E. The election shall be made upon written application signed by the member and filed with the board, pursuant to enrollment procedures and during an enrollment period established by the board, which enrollment period shall not occur more frequently than once every three years for that member. The change in plan membership shall be effective as of the transfer date, as defined in subdivision (d). Except as otherwise provided in this section, the rights and obligations of a member who elects to change membership under this section shall be governed by the terms of this article on and after the transfer date. Prior to the transfer date, the rights to retirement, survivors’, or other benefits payable to a member and his or her survivors or beneficiaries shall continue to be governed by Retirement Plan D.
(b) Except as otherwise provided in this section, effective as of the transfer date, a member who has transferred to Retirement Plan E pursuant to this section and his or her survivors or beneficiaries shall receive retirement, survivors’, and other benefits that shall consist of: (1) the benefits to which they are entitled under the terms of Retirement Plan E, but based on the member’s service credited only under that plan, and payable at the time and in the manner provided under Retirement Plan E, and (2) the benefits to which they would have been entitled under the terms of Retirement Plan D had the member remained a member of Retirement Plan D, but based on the member’s service credited only under that plan, and payable at the time and in the manner provided under Retirement Plan D. Except as otherwise provided in this section, the calculation of the member’s, survivors’, or beneficiaries’ benefits under each plan shall be subject to that plan’s respective, separate terms, including, but not limited to, the definitions of “final compensation” and provisions establishing cost-of-living adjustments, establishing minimum retirement age and service requirements, and governing integration with federal social security payments. Notwithstanding the foregoing, the aggregate service credited under both retirement plans shall be taken into account for the purpose of determining eligibility for and vesting of benefits under each plan.
(c) Notwithstanding any other provision of Retirement Plan D or Retirement Plan E:
(1) A member who has transferred to Retirement Plan E pursuant to this section may not retire for disability and receive disability retirement benefits under Retirement Plan D.
(2) If a member who has transferred to Retirement Plan E pursuant to this section dies prior to retirement, that member’s survivor or beneficiary may not receive survivor or death benefits under Retirement Plan D but shall receive a refund of the member’s contributions to Retirement Plan D together with all interest credited thereto.
(d) As used in this section:
(1) “Period of active employment” means a period during which the member is actively performing the duties of a full-time or part-time employee position or is on any authorized paid leave of absence, except a leave of absence during which the member is totally disabled and is receiving, or is eligible to receive, disability benefits, either during or after any elimination or qualifying period, under a disability plan provided by the employer.
(2) “Retirement Plan D” means the contributory retirement plan otherwise available to members of the system between June 1, 1979, and December 31, 2012, inclusive.
(3) “Retirement Plan E” means the noncontributory retirement plan established under this article.
(4) “Transfer date” means the first day of the first month that is at least 30 days after the date that the application is filed with the board to change plan membership under subdivision (a).
(e) This section shall only be applicable to Los Angeles County and shall not become operative until the board of supervisors of that county elects, by resolution adopted by a majority vote, to make this section operative in the county.
SEC. 2.
Section 31494.5 of the Government Code is amended to read:
31494.5.
(a) A general member whose benefits are governed by Retirement Plan E may, during a period of active employment, elect to change plan membership and become a member, prospectively, in Retirement Plan D. The election shall be made upon written application signed by the member and filed with the board, pursuant to enrollment procedures and during an enrollment period established by the board, which enrollment period shall not occur more frequently than once every three years for that member. The change in plan membership shall be effective as of the transfer date, as defined in subdivision (g). Except as otherwise provided in this section, the rights and obligations of a member who elects to change membership under this section shall be governed by the terms of Retirement Plan D on and after the transfer date. Prior to the transfer date, the rights to retirement, survivors’, or other benefits payable to a member and his or her survivors or beneficiaries shall continue to be governed by Retirement Plan E.
(b) If a member has made the election to change plans under subdivision (a), monthly contributions by the member and the employer under the terms of Retirement Plan D shall commence as of the transfer date. For the purposes of calculating the member’s contribution rate under Retirement Plan D, his or her entry age shall be deemed to be his or her age at his or her birthday nearest the transfer date; however, if the member exchanges service credit in accordance with subdivision (c), with regard to contributions made for periods after that exchange, his or her entry age shall be adjusted and deemed to be the member’s age at his or her birthday nearest the date on which begins the most recent period of unbroken service credited under Retirement Plan D, taking into account service purchased under subdivision (c). In no event shall the exchange of service under subdivision (c) affect the entry age with respect to, or the cost of, employee contributions made, or service purchased, prior to the exchange.
(c) (1) A general member who has elected to change plans under subdivision (a) also may elect to exchange, at that time or any time thereafter, but prior to the earlier of his or her application for retirement, termination from employment, or death, some portion designated in whole-month increments, or all of the service credited under Retirement Plan E for an equivalent amount of service credited under Retirement Plan D, provided, however, that the member may not exchange less than 12 months’ service or, if less, the total service credited under Retirement Plan E. The exchange shall be effective on the date when the member completes the purchase of that service by depositing in the retirement fund, by lump sum or regular monthly installments, over the period of time determined by a resolution adopted by a majority vote of the board of retirement, or both, but in any event prior to the earlier of his or her death or the date that is 120 days after the effective date of his or her retirement, the sum of: (1) the contributions the member would have made to the retirement fund under Retirement Plan D for that length of time for which the member shall receive credit as service under Retirement Plan D, computed in accordance with the rate of contribution applicable to the member under Retirement Plan D, based upon his or her entry age, and in the same manner prescribed under Retirement Plan D as if that plan had been in effect during the period for which the member shall receive service credit, and (2) the regular interest thereon.
(2) For the purposes of this subdivision, a member’s entry age shall be deemed to be the member’s age at his or her birthday nearest the date on which begins the most recent period of unbroken service credited under Retirement Plan D following completion of the service exchange under this subdivision. A member may receive credit for a period of service under only one plan and in no event shall a member receive credit for the same period of service under both Retirement Plan D and Retirement Plan E.
(3) A member who fails to complete the purchase of service as required under this subdivision shall be treated as completing an exchange of service under Retirement Plan E for an equivalent amount of service under Retirement Plan D only with regard to the service that actually has been purchased through completed deposit with the retirement fund of the requisite purchase amount, calculated in accordance with this subdivision.
(d) Except as otherwise provided in this section, effective as of the transfer date, a member who has transferred to Retirement Plan D pursuant to this section and his or her survivors or beneficiaries shall receive retirement, disability, survivors’, death, or other benefits that shall consist of: (1) the benefits to which they are entitled under the terms of Retirement Plan D, but based on the member’s service credited only under that plan, and payable at the time and in the manner provided under Retirement Plan D, and (2) the benefits to which they would have been entitled under the terms of Retirement Plan E had the member remained a member of Retirement Plan E, but based on the member’s service credited only under that plan, and payable at the time and in the manner provided under Retirement Plan E. Except as otherwise provided in this section, the calculation of the portion of a member’s or beneficiary’s benefit that is attributable to each plan is subject to that plan’s respective, separate terms, including, but not limited to, the definitions of “final compensation” and provisions establishing cost-of-living adjustments, establishing minimum age and service requirements, and governing integration with federal social security payments. Notwithstanding the foregoing, the aggregate service credited under both Retirement Plan D and Retirement Plan E shall be taken into account for the purpose of determining eligibility for, and vesting of, benefits under each plan.
(e) Notwithstanding any other provision of Retirement Plan D or Retirement Plan E, a member who transfers into Retirement Plan D under this section may retire for service-connected or nonservice-connected disability and receive disability benefits under Retirement Plan D only if he or she has either (1) completed two continuous years of active service after his or her most recent transfer date, or (2) earned five years of retirement service credit under Retirement Plan D after his or her most recent transfer date. Notwithstanding any other provision to the contrary, a member who becomes disabled and does not meet either of these conditions (1) may apply for and receive only a deferred or service retirement allowance, or (2) may elect to transfer prospectively back to Retirement Plan E, and for the purposes of calculating his or her retirement benefits under this section, shall in lieu of credit under Retirement Plan D be credited with service under Retirement Plan E as provided under subdivision (g) of Section 31488 during any period he or she is totally disabled and is receiving, or eligible to receive, disability benefits, either during or after any elimination or qualifying period, under a disability plan provided by the employer up to the earlier of the date he or she retires or no longer qualifies for disability benefits. If a member dies before he or she is eligible to retire and before completing either two continuous years of active service after the transfer date into Retirement Plan D or after earning five years of retirement service credit under Retirement Plan D after that transfer date, that member’s beneficiary shall not be entitled to the survivor allowance under Section 31781.1 or 31781.12, if operative.
(f) Notwithstanding any other provisions of Retirement Plan D or Retirement Plan E, a member who has transferred to Retirement Plan D pursuant to this section and who retires for disability when eligible under this section and Retirement Plan D, may not also retire for service and receive service retirement benefits under Retirement Plan E. However, for the purpose of calculating disability benefits under Retirement Plan D, the “sum to which he or she would be entitled as service retirement” or his or her “service retirement allowance,” as those terms are used in Sections 31726, 31726.5, and 31727.4, shall consist of the blended benefit to which the member would be entitled under subdivision (d) if he or she retired for service, not just the service retirement benefit to which he or she would be entitled under Retirement Plan D.
(g) As used in this section:
(1) “Active service” means time spent on active, on-the-job performance of the duties of a full-time or part-time position and on any authorized paid leaves of absence; provided, however, that any authorized paid leave of absence or part-time service shall not constitute active service if the leave of absence or part-time service is necessitated by a preexisting disability, injury, or disease. The board of retirement shall determine whether or not a leave of absence or part-time service is necessitated by a preexisting disability, injury, or disease, and thus excluded from the member’s active service, based upon evidence presented by the employer and the member upon request by the board.
(2) “Entry age” means the age used for calculating the normal rate of contribution to Retirement Plan D with respect to a member who has transferred membership to Retirement Plan D under this section.
(3) “Period of active employment” means a period during which the member is actively performing the duties of a full-time or part-time employee position or is on any authorized paid leave of absence, except a leave of absence during which the member is totally disabled and is receiving, or is eligible to receive, disability benefits, either during or after any elimination or qualifying period, under a disability plan provided by the employer.
(4) “Retirement Plan D” means the contributory retirement plan otherwise available to members of the system between June 1, 1979, and December 31, 2012, inclusive.
(5) “Retirement Plan E” means the noncontributory retirement plan established under this article.
(6) “Transfer date” means the first day of the first month that is at least 30 days after the date that the application is filed with the board to change plan membership under subdivision (a).
(h) This section shall only be applicable to Los Angeles County and shall not become operative until the board of supervisors of that county elects, by resolution adopted by a majority vote, to make this section operative in the county.
SEC. 3.
Section 31495.7 is added to the Government Code, to read:
31495.7.
Section 31835.1 applies to a member eligible to retire at 55 years of age pursuant to Section 31491. This section is declaratory of existing law.
SEC. 4.
Section 31520.6 is added to the Government Code, to read:
31520.6.
Notwithstanding any provision to the contrary in Section 31520.3 or 31520.5, in any county in which there is an alternate retired member, if the eighth member is present, the alternate retired member may also vote as a member of the board in the event both the second and third, or both the second and seventh, or both the third and seventh members are absent for any cause.
SEC. 5.
Section 31526 of the Government Code is amended to read:
31526.
The regulations shall include provisions:
(a) For the election of officers, their terms, meetings, and all other matters relating to the administrative procedure of the board.
(b) For one of the following:
(1) The filing of a sworn statement by every person who is or becomes a member, showing date of birth, nature and duration of employment with the county, compensation received, and other information as is required by the board.
(2) In lieu of a sworn statement, the submission by the member’s employer to the retirement association of the information otherwise required in paragraph (1), in a form determined by the retirement association.
(c) For forms of annuity certificates and other forms as required.
### Summary:
<bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos> |
The people of the State of California do enact as follows:
SECTION 1.
Chapter 15.8 (commencing with Section 67395) is added to Part 40 of Division 5 of Title 3 of the Education Code, to read:
CHAPTER 15.8. Autism Employment and Education Act
67395.
(a) This chapter shall be known, and may be cited, as the Autism Employment and Education Act.
(b) The Legislature finds and declares all of the following:
(1) Autism spectrum disorder (ASD) is a lifelong neurological condition estimated to affect as many as one in 88 children. It is now the most common neurological disorder affecting children and one of the most common developmental disabilities.
(2) Many individuals living with ASD will need some level of support over the course of their lives. In cases where adolescents and adults with severe autism are placed into long-term care or other supported housing arrangements, the annual cost of housing, which includes caregiver time, can be four hundred dollars ($400) per day, or approximately one hundred fifty thousand dollars ($150,000) a year.
(3) It is estimated that the lifetime per capita incremental societal cost of ASD is three million two hundred thousand dollars ($3,200,000) per individual or approximately fifty thousand seven hundred ninety-three dollars ($50,793) per year on average.
(4) As of February 2016, Taft Community College is the only occupational and living skills residential program of its kind offered in California, and the program is currently unable to meet the needs of students who apply. The program has been in existence for nearly 20 years and receives the majority of its funding from regional centers in California. More than 80 percent of its graduates are employed by the end of the second year of post graduation services.
(5) According to Disability Planning Data for Riverside County, 10.5 percent of people (about 120,000 people) 21 to 64 years of age have some type of a disability. Of this number, 37 percent are employed, but this data does not indicate whether they are employed full time or part time.
(6) According to a report published in April 2012 by the Autism Society of California, “The majority of transition aged families (98 percent) believed that current adult programs are not going to meet their loved-one’s needs.” Additional findings from this report indicated that only 5 percent of people with ASD graduated from college with a bachelor’s degree and only 3 percent graduated with a master’s or an associate degree. About 12 percent of students with ASD go to college and do not succeed; this is lower than the national average of 14 percent. The number of people with ASD in California remaining at home and not participating in any type of postsecondary educational program is on the rise, going from 13 percent in 2009 to 18 percent in 2012.
(7) According to the Department of Labor Statistics, the unemployment rate for individuals with disabilities is 78.5 percent.
(8) Mandated services provided through the federal Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.) end upon completion of high school, yet 60 percent of lifetime costs occur in adulthood. According to the Autism Society, there is a significant disparity in the need for, and the availability of, publicly funded long-term services and supports for people with disabilities. This disparity results in waiting lists estimated to range from 80,000 to 200,000 people nationwide.
(9) It is the intent of the Legislature that implementing a residential, occupational, and living skills program for students with mental disabilities, including autism, will accomplish all of the following objectives:
(A) The program will increase the rate of employment of students with mental disabilities from its current level of around 25 percent to 85 percent.
(B) The program will be a more affordable alternative for families than adult day treatment programs, which may cost nearly twice as much.
(C) The program will enable participating students to live independently, to learn the life skills necessary to become lifelong productive members of their local communities in California, and to not need to relocate out of state in order to receive affordable services.
(D) The program will provide students with mental disabilities a more coordinated continuity of care by incorporating all of their living skills, occupational, social, and recreational development needs into one program.
67395.5.
(a) The Autism Employment and Education Program is hereby established to develop and implement a residential, occupational, and living skills program at each participating community college and California State University campus to help students with mental disabilities, including autism, live independently, obtain employment, and become otherwise self-sufficient after they graduate or withdraw from the campus.
(b) The Autism Employment and Education Fund is hereby established in the State Treasury for purposes of this chapter. The moneys in the fund shall be available, upon appropriation by the Legislature, to the Board of Governors of the California Community Colleges and the Trustees of the California State University for the implementation and administration of this chapter.
(c) The Board of Governors of the California Community Colleges and the Trustees of the California State University shall develop and implement both of the following:
(1) A residential, occupational, and living skills program at each participating college or university, as applicable, to help students with mental disabilities, including autism, live independently, obtain employment, and become otherwise self-sufficient after they graduate or withdraw from the college or university.
(2) Administrative guidelines and other requirements for purposes of developing, implementing, and administering the program described in paragraph (1).
67395.7.
This chapter shall only become operative upon appropriation in the annual Budget Act for the implementation and administration of this chapter. | Existing law establishes the California State University, under the administration of the Trustees of the California State University, and the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as 2 of the segments of public postsecondary education in this state. Existing law states the intent of the Legislature that the public postsecondary institutions request, and the state provide, through the state budget process, funds to cover the actual cost of providing services and instruction, consistent with specified principles, to disabled students in their respective postsecondary institutions.
This bill would establish the Autism Employment and Education Program, which would establish a residential, occupational, and living skills program at each participating community college and California State University campus to help students with mental disabilities, including autism, live independently, obtain employment, and become otherwise self-sufficient after they graduate or withdraw from the college or university. The bill would establish the Autism Employment and Education Fund in the State Treasury and allocate moneys in the fund, upon appropriation by the Legislature, to the board of governors and the trustees for the development, implementation, and administration of the program. The bill would only become operative upon appropriation by the Legislature for the implementation and administration of the program. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
Chapter 15.8 (commencing with Section 67395) is added to Part 40 of Division 5 of Title 3 of the Education Code, to read:
CHAPTER 15.8. Autism Employment and Education Act
67395.
(a) This chapter shall be known, and may be cited, as the Autism Employment and Education Act.
(b) The Legislature finds and declares all of the following:
(1) Autism spectrum disorder (ASD) is a lifelong neurological condition estimated to affect as many as one in 88 children. It is now the most common neurological disorder affecting children and one of the most common developmental disabilities.
(2) Many individuals living with ASD will need some level of support over the course of their lives. In cases where adolescents and adults with severe autism are placed into long-term care or other supported housing arrangements, the annual cost of housing, which includes caregiver time, can be four hundred dollars ($400) per day, or approximately one hundred fifty thousand dollars ($150,000) a year.
(3) It is estimated that the lifetime per capita incremental societal cost of ASD is three million two hundred thousand dollars ($3,200,000) per individual or approximately fifty thousand seven hundred ninety-three dollars ($50,793) per year on average.
(4) As of February 2016, Taft Community College is the only occupational and living skills residential program of its kind offered in California, and the program is currently unable to meet the needs of students who apply. The program has been in existence for nearly 20 years and receives the majority of its funding from regional centers in California. More than 80 percent of its graduates are employed by the end of the second year of post graduation services.
(5) According to Disability Planning Data for Riverside County, 10.5 percent of people (about 120,000 people) 21 to 64 years of age have some type of a disability. Of this number, 37 percent are employed, but this data does not indicate whether they are employed full time or part time.
(6) According to a report published in April 2012 by the Autism Society of California, “The majority of transition aged families (98 percent) believed that current adult programs are not going to meet their loved-one’s needs.” Additional findings from this report indicated that only 5 percent of people with ASD graduated from college with a bachelor’s degree and only 3 percent graduated with a master’s or an associate degree. About 12 percent of students with ASD go to college and do not succeed; this is lower than the national average of 14 percent. The number of people with ASD in California remaining at home and not participating in any type of postsecondary educational program is on the rise, going from 13 percent in 2009 to 18 percent in 2012.
(7) According to the Department of Labor Statistics, the unemployment rate for individuals with disabilities is 78.5 percent.
(8) Mandated services provided through the federal Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.) end upon completion of high school, yet 60 percent of lifetime costs occur in adulthood. According to the Autism Society, there is a significant disparity in the need for, and the availability of, publicly funded long-term services and supports for people with disabilities. This disparity results in waiting lists estimated to range from 80,000 to 200,000 people nationwide.
(9) It is the intent of the Legislature that implementing a residential, occupational, and living skills program for students with mental disabilities, including autism, will accomplish all of the following objectives:
(A) The program will increase the rate of employment of students with mental disabilities from its current level of around 25 percent to 85 percent.
(B) The program will be a more affordable alternative for families than adult day treatment programs, which may cost nearly twice as much.
(C) The program will enable participating students to live independently, to learn the life skills necessary to become lifelong productive members of their local communities in California, and to not need to relocate out of state in order to receive affordable services.
(D) The program will provide students with mental disabilities a more coordinated continuity of care by incorporating all of their living skills, occupational, social, and recreational development needs into one program.
67395.5.
(a) The Autism Employment and Education Program is hereby established to develop and implement a residential, occupational, and living skills program at each participating community college and California State University campus to help students with mental disabilities, including autism, live independently, obtain employment, and become otherwise self-sufficient after they graduate or withdraw from the campus.
(b) The Autism Employment and Education Fund is hereby established in the State Treasury for purposes of this chapter. The moneys in the fund shall be available, upon appropriation by the Legislature, to the Board of Governors of the California Community Colleges and the Trustees of the California State University for the implementation and administration of this chapter.
(c) The Board of Governors of the California Community Colleges and the Trustees of the California State University shall develop and implement both of the following:
(1) A residential, occupational, and living skills program at each participating college or university, as applicable, to help students with mental disabilities, including autism, live independently, obtain employment, and become otherwise self-sufficient after they graduate or withdraw from the college or university.
(2) Administrative guidelines and other requirements for purposes of developing, implementing, and administering the program described in paragraph (1).
67395.7.
This chapter shall only become operative upon appropriation in the annual Budget Act for the implementation and administration of this chapter.
### Summary:
This bill would enact the Autism Employment and Education Act, which would establish the Autism Employment and Education Program to develop and implement a residential, occupational, and living skills |
The people of the State of California do enact as follows:
SECTION 1.
Section 19320 of the Business and Professions Code is amended to read:
19320.
(a) All commercial cannabis activity shall be conducted between licensees, except as otherwise provided in this chapter.
(b) Licensing authorities administering this chapter may issue state licenses only to qualified applicants engaging in commercial cannabis activity pursuant to this chapter. One year after the Bureau of Medical Cannabis Regulation posts a notice on its Internet Web site that the licensing authorities have commenced issuing licenses, no person shall engage in commercial cannabis activity without possessing both a state license and a local permit, license, or other authorization. An entity seeking licensure pursuant to this chapter shall obtain a local license, permit, or other authorization prior to applying for state licensure. State licensing entities shall not issue a license to any applicant that is unable to provide documentation confirming authorization to operate from the local government in which the applicant proposes to operate. A licensee shall not commence activity under the authority of a state license until the applicant has obtained, in addition to the state license, a local license, permit, or other authorization from the local jurisdiction in which he or she proposes to operate, following the requirements of the applicable local ordinance.
(c) Each licensee shall obtain a separate license for each location where it engages in commercial medical cannabis activity. However, transporters only need to obtain licenses for each physical location where the licensee conducts business while not in transport or where any equipment that is not currently transporting medical cannabis or medical cannabis products permanently resides.
(d) Revocation of a local license, permit, or other required authorization shall terminate the ability of a medical cannabis business to operate within that local jurisdiction until the local jurisdiction reinstates or reissues the local license, permit, or other authorization. Local authorities shall notify the bureau upon revocation of a local license, permit, or other authorization. The bureau shall inform relevant licensing authorities.
(e) Revocation of a state license shall terminate the ability of a medical cannabis licensee to operate within California until the licensing authority reinstates or reissues the state license.
(f) In addition to the provisions of this chapter, local jurisdictions retain the power to assess fees and taxes, as applicable, on facilities that are licensed pursuant to this chapter and the business activities of those licensees.
(g) Nothing in this chapter shall be construed to supersede or limit state agencies, including the Department of Food and Agriculture, the State Water Resources Control Board, and the Department of Fish and Wildlife, from establishing fees to support their medical cannabis regulatory programs.
(h) (1) Notwithstanding any other provision of this chapter:
(A) With regard to commercial cannabis activity in the City of Los Angeles, the licensing authorities shall not require a local license, permit, or other authorization and shall issue a state license to engage in commercial cannabis activity only if the licensing authorities determine the applicant satisfies all of the requirements of this act and demonstrates that it meets all of the following criteria established by Measure D, approved by the voters of the City of Los Angeles at the May 21, 2013, general election:
(i) The applicant was operating in the City of Los Angeles as a medical marijuana business by September 14, 2007, as evidenced by a business tax registration certificate issued by the City of Los Angeles on or before November 13, 2007.
(ii) The applicant registered with the City of Los Angeles city clerk by November 13, 2007, in accordance with all of the requirements of the City of Los Angeles’ Interim Control Ordinance.
(iii) The applicant obtained a City of Los Angeles business tax registration for taxation as a medical marijuana collective (class L050).
(B) A state license issued pursuant to this paragraph for commercial cannabis activity shall have the same force and effect and shall confer the same benefits and responsibilities as licenses issued to licensees outside the City of Los Angeles that obtain a license, permit, or other authorization from the local jurisdiction.
(C) The determination of the licensing authority that an applicant for a state license meets the criteria listed in subparagraph (A) shall be based on a written or electronic notification provided to the licensing authority by the City of Los Angeles that the applicant has met the criteria. If the City of Los Angeles does not provide written or electronic notification to the licensing authority confirming an applicant has met the criteria, the licensing authority shall not issue a state license.
(2) Notwithstanding paragraph (1), if the voters of Los Angeles approve an initiative, after January 1, 2016, but prior to the time that the State of California begins issuing state licenses, that authorizes the City of Los Angeles to issue local licenses to medical marijuana businesses in Los Angeles, the exemption for local licensing in Los Angeles as set forth in paragraph (1) shall be superseded by the local licensing requirements as enacted by that initiative. | Existing law, the Medical Cannabis Regulation and Safety Act (MCRSA), provides for the licensure and regulation of medical cannabis and requires all commercial cannabis activity to be conducted between licensees. Existing law establishes the Bureau of Medical Cannabis Regulation within the Department of Consumer Affairs. Existing law authorizes licensing authorities to only issue state licenses to qualified applicants. Existing law, upon the date of implementation of regulations by the licensing authority, prohibits a person from engaging in commercial cannabis activity without possessing both a state license and a local permit, license, or other authorization.
This bill would instead prohibit a person from engaging in commercial cannabis activity without possessing both a state license and a local permit, license, or other authorization one year after the bureau posts a notice on its Internet Web site that the licensing authorities have commenced issuing licenses. The bill would also, with regard to commercial cannabis activity in the City of Los Angeles, prohibit licensing authorities from requiring a local license, permit, or other authorization, and would require the issuance of a state license, if the authorities determine, as specified, that the applicant meets all of the requirements of MCRSA and specified criteria relating to Measure D, which was approved by the voters of the City of Los Angeles at the May 21, 2013, general election. The bill would further provide that a license issued pursuant to the above provision has the same force and effect, and confers the same benefits and responsibilities, as licenses issued to licensees not subject to the above-described exception. The bill would require the exemption to the local licensing requirement provided by these provisions to be superseded by a subsequent initiative authorizing the City of Los Angeles to issue local licenses to medical marijuana businesses in the city if the voters of Los Angeles approve the initiative prior to the time the State of California begins issuing state licenses. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
Section 19320 of the Business and Professions Code is amended to read:
19320.
(a) All commercial cannabis activity shall be conducted between licensees, except as otherwise provided in this chapter.
(b) Licensing authorities administering this chapter may issue state licenses only to qualified applicants engaging in commercial cannabis activity pursuant to this chapter. One year after the Bureau of Medical Cannabis Regulation posts a notice on its Internet Web site that the licensing authorities have commenced issuing licenses, no person shall engage in commercial cannabis activity without possessing both a state license and a local permit, license, or other authorization. An entity seeking licensure pursuant to this chapter shall obtain a local license, permit, or other authorization prior to applying for state licensure. State licensing entities shall not issue a license to any applicant that is unable to provide documentation confirming authorization to operate from the local government in which the applicant proposes to operate. A licensee shall not commence activity under the authority of a state license until the applicant has obtained, in addition to the state license, a local license, permit, or other authorization from the local jurisdiction in which he or she proposes to operate, following the requirements of the applicable local ordinance.
(c) Each licensee shall obtain a separate license for each location where it engages in commercial medical cannabis activity. However, transporters only need to obtain licenses for each physical location where the licensee conducts business while not in transport or where any equipment that is not currently transporting medical cannabis or medical cannabis products permanently resides.
(d) Revocation of a local license, permit, or other required authorization shall terminate the ability of a medical cannabis business to operate within that local jurisdiction until the local jurisdiction reinstates or reissues the local license, permit, or other authorization. Local authorities shall notify the bureau upon revocation of a local license, permit, or other authorization. The bureau shall inform relevant licensing authorities.
(e) Revocation of a state license shall terminate the ability of a medical cannabis licensee to operate within California until the licensing authority reinstates or reissues the state license.
(f) In addition to the provisions of this chapter, local jurisdictions retain the power to assess fees and taxes, as applicable, on facilities that are licensed pursuant to this chapter and the business activities of those licensees.
(g) Nothing in this chapter shall be construed to supersede or limit state agencies, including the Department of Food and Agriculture, the State Water Resources Control Board, and the Department of Fish and Wildlife, from establishing fees to support their medical cannabis regulatory programs.
(h) (1) Notwithstanding any other provision of this chapter:
(A) With regard to commercial cannabis activity in the City of Los Angeles, the licensing authorities shall not require a local license, permit, or other authorization and shall issue a state license to engage in commercial cannabis activity only if the licensing authorities determine the applicant satisfies all of the requirements of this act and demonstrates that it meets all of the following criteria established by Measure D, approved by the voters of the City of Los Angeles at the May 21, 2013, general election:
(i) The applicant was operating in the City of Los Angeles as a medical marijuana business by September 14, 2007, as evidenced by a business tax registration certificate issued by the City of Los Angeles on or before November 13, 2007.
(ii) The applicant registered with the City of Los Angeles city clerk by November 13, 2007, in accordance with all of the requirements of the City of Los Angeles’ Interim Control Ordinance.
(iii) The applicant obtained a City of Los Angeles business tax registration for taxation as a medical marijuana collective (class L050).
(B) A state license issued pursuant to this paragraph for commercial cannabis activity shall have the same force and effect and shall confer the same benefits and responsibilities as licenses issued to licensees outside the City of Los Angeles that obtain a license, permit, or other authorization from the local jurisdiction.
(C) The determination of the licensing authority that an applicant for a state license meets the criteria listed in subparagraph (A) shall be based on a written or electronic notification provided to the licensing authority by the City of Los Angeles that the applicant has met the criteria. If the City of Los Angeles does not provide written or electronic notification to the licensing authority confirming an applicant has met the criteria, the licensing authority shall not issue a state license.
(2) Notwithstanding paragraph (1), if the voters of Los Angeles approve an initiative, after January 1, 2016, but prior to the time that the State of California begins issuing state licenses, that authorizes the City of Los Angeles to issue local licenses to medical marijuana businesses in Los Angeles, the exemption for local licensing in Los Angeles as set forth in paragraph (1) shall be superseded by the local licensing requirements as enacted by that initiative.
### Summary:
<bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos> |
The people of the State of California do enact as follows:
SECTION 1.
Section 66602 of the Education Code is amended to read:
66602.
(a) The board shall be composed of the following five ex officio members: the Governor, the Lieutenant Governor, the Superintendent of Public Instruction, the Speaker of the Assembly, and the person named by the trustees to serve as the Chancellor of the California State University; a representative of the alumni associations of the state university, selected for a two-year term by the alumni council, California State University, which representative shall not be an employee of the California State University during the two-year term; and 16 members appointed by the Governor and subject to confirmation by two-thirds of the membership of the Senate.
(b) (1) Two students from the California State University, who shall have at least sophomore year standing at the institutions they attend, and who remain in good standing as students during their respective terms, shall also be appointed by the Governor to serve on the board for two-year terms.
(2) In the selection of students as members of the board, the Governor shall appoint the students from lists of names of at least two, but not more than five, persons furnished by the governing board of any statewide student organization that represents the students of the California State University and the student body organizations of the campuses of the California State University. Any appointment to fill a vacancy of a student member shall be effective only for the remainder of the term of the student member’s office that became vacated.
(3) The term of office of one student member of the board shall commence on July 1 of an even-numbered year and expire on June 30 two years thereafter. The term of office of the other student member of the board shall commence on July 1 of an odd-numbered year and expire on June 30 two years thereafter. Notwithstanding paragraph (1), a student member who graduates from his or her college or university on or after January 1 of the second year of his or her term of office may serve the remainder of the term.
(4) (A) During the first year of a student member’s term, a student member shall be a member of the board and may attend all meetings of the board and its committees. At these meetings, a student member may fully participate in discussion and debate, but may not vote. During the second year of a student member’s term, a student member may exercise the same right to attend meetings of the board, and its committees, and shall have the same right to vote as the members appointed pursuant to subdivision (a).
(B) Notwithstanding subparagraph (A), during the first year of a student member’s term, the student member may vote at a board meeting if the other student member is absent from that meeting due to illness, a family emergency, or a medical emergency.
(5) Notwithstanding paragraph (4), if a student member resigns from office or a vacancy is otherwise created in that office during the second year of a student member’s term, the remaining student member shall immediately assume the office created by the vacancy and all of the participation privileges of the second-year student member, including the right to vote, for the remainder of that term of office.
(6) A student member shall have his or her tuition fee waived for the duration of his or her term of office.
(c) (1) A faculty member from the California State University, who shall be tenured at the California State University campus at which he or she teaches, shall also be appointed by the Governor to serve on the board for a two-year term. In the selection of a faculty member as a member of the board, the Governor shall appoint the faculty member from a list of names of at least two persons furnished by the Academic Senate of the California State University.
(2) The faculty member of the board appointed by the Governor pursuant to this subdivision shall not participate on any subcommittee of the board responsible for collective bargaining negotiations.
(3) The two-year term of office of the faculty member of the board shall commence on July 1, and, if the Governor has not appointed a successor under paragraph (1), the faculty member may remain in office after the term expires for one additional year, or until a successor is appointed by the Governor, whichever occurs first.
(d) (1) (A) One of the 16 appointive members of the board referenced in subdivision (a) shall be a permanent nonfaculty employee, who is not in a management personnel plan, a confidential classification, or an excluded classification. An independent systemwide staff council, that is formed solely for this purpose and consists of permanent employees who are not management personnel and who are not in confidential or excluded classifications, shall provide a list of two nominees for the Governor’s consideration, and the Governor shall appoint one of these nominees to fill a vacancy in an appointive position on the board. This appointive position on the board shall thereafter be filled only by permanent nonfaculty employees appointed in accordance with this subdivision.
(B) The employee organizations of permanent nonfaculty employees of the California State University shall fund the systemwide staff council to be established pursuant to this paragraph.
(2) The permanent nonfaculty employee member of the board appointed pursuant to this subdivision shall not participate on any subcommittee of the board responsible for collective bargaining negotiations.
(3) The permanent nonfaculty employee member of the board appointed pursuant to this subdivision shall receive compensation for board service only as authorized pursuant to Section 66604.5. | Existing law establishes the various campuses of the California State University under the administration of the Trustees of the California State University. Existing law provides for the membership of the Trustees of the California State University to include 5 specified ex officio members, 16 members appointed by the Governor and subject to confirmation by the Senate, one representative of the alumni associations, 2 student members appointed by the Governor, and a faculty member appointed by the Governor.
This bill would require the Governor to appoint a permanent nonfaculty employee of the university as one of the 16 appointive members of the board, as specified. The bill would require a systemwide staff council, as specified, to provide to the Governor a list of 2 nominees for the Governor’s consideration, and would require the Governor to appoint one of the nominees to fill a vacancy in an appointive position on the board. The bill would require that this appointive position on the board thereafter be filled only by permanent nonfaculty employees appointed in accordance with this bill. The bill would provide that the permanent nonfaculty employee member of the board shall receive for board service only actual and necessary travel expenses and $100 for each day he or she is attending to official business of the trustees. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
Section 66602 of the Education Code is amended to read:
66602.
(a) The board shall be composed of the following five ex officio members: the Governor, the Lieutenant Governor, the Superintendent of Public Instruction, the Speaker of the Assembly, and the person named by the trustees to serve as the Chancellor of the California State University; a representative of the alumni associations of the state university, selected for a two-year term by the alumni council, California State University, which representative shall not be an employee of the California State University during the two-year term; and 16 members appointed by the Governor and subject to confirmation by two-thirds of the membership of the Senate.
(b) (1) Two students from the California State University, who shall have at least sophomore year standing at the institutions they attend, and who remain in good standing as students during their respective terms, shall also be appointed by the Governor to serve on the board for two-year terms.
(2) In the selection of students as members of the board, the Governor shall appoint the students from lists of names of at least two, but not more than five, persons furnished by the governing board of any statewide student organization that represents the students of the California State University and the student body organizations of the campuses of the California State University. Any appointment to fill a vacancy of a student member shall be effective only for the remainder of the term of the student member’s office that became vacated.
(3) The term of office of one student member of the board shall commence on July 1 of an even-numbered year and expire on June 30 two years thereafter. The term of office of the other student member of the board shall commence on July 1 of an odd-numbered year and expire on June 30 two years thereafter. Notwithstanding paragraph (1), a student member who graduates from his or her college or university on or after January 1 of the second year of his or her term of office may serve the remainder of the term.
(4) (A) During the first year of a student member’s term, a student member shall be a member of the board and may attend all meetings of the board and its committees. At these meetings, a student member may fully participate in discussion and debate, but may not vote. During the second year of a student member’s term, a student member may exercise the same right to attend meetings of the board, and its committees, and shall have the same right to vote as the members appointed pursuant to subdivision (a).
(B) Notwithstanding subparagraph (A), during the first year of a student member’s term, the student member may vote at a board meeting if the other student member is absent from that meeting due to illness, a family emergency, or a medical emergency.
(5) Notwithstanding paragraph (4), if a student member resigns from office or a vacancy is otherwise created in that office during the second year of a student member’s term, the remaining student member shall immediately assume the office created by the vacancy and all of the participation privileges of the second-year student member, including the right to vote, for the remainder of that term of office.
(6) A student member shall have his or her tuition fee waived for the duration of his or her term of office.
(c) (1) A faculty member from the California State University, who shall be tenured at the California State University campus at which he or she teaches, shall also be appointed by the Governor to serve on the board for a two-year term. In the selection of a faculty member as a member of the board, the Governor shall appoint the faculty member from a list of names of at least two persons furnished by the Academic Senate of the California State University.
(2) The faculty member of the board appointed by the Governor pursuant to this subdivision shall not participate on any subcommittee of the board responsible for collective bargaining negotiations.
(3) The two-year term of office of the faculty member of the board shall commence on July 1, and, if the Governor has not appointed a successor under paragraph (1), the faculty member may remain in office after the term expires for one additional year, or until a successor is appointed by the Governor, whichever occurs first.
(d) (1) (A) One of the 16 appointive members of the board referenced in subdivision (a) shall be a permanent nonfaculty employee, who is not in a management personnel plan, a confidential classification, or an excluded classification. An independent systemwide staff council, that is formed solely for this purpose and consists of permanent employees who are not management personnel and who are not in confidential or excluded classifications, shall provide a list of two nominees for the Governor’s consideration, and the Governor shall appoint one of these nominees to fill a vacancy in an appointive position on the board. This appointive position on the board shall thereafter be filled only by permanent nonfaculty employees appointed in accordance with this subdivision.
(B) The employee organizations of permanent nonfaculty employees of the California State University shall fund the systemwide staff council to be established pursuant to this paragraph.
(2) The permanent nonfaculty employee member of the board appointed pursuant to this subdivision shall not participate on any subcommittee of the board responsible for collective bargaining negotiations.
(3) The permanent nonfaculty employee member of the board appointed pursuant to this subdivision shall receive compensation for board service only as authorized pursuant to Section 66604.5.
### Summary:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
Section 6660 |
The people of the State of California do enact as follows:
SECTION 1.
Article 7 (commencing with Section 34390) is added to Chapter 1 of Part 2 of Division 24 of the Health and Safety Code, to read:
Article 7. Department of Housing and Community Development Report to the Legislature
34390.
(a) For purposes of this section:
(1) “Department” shall refer to “The Department of Housing and Community Development.”
(2) “Agency” shall refer to “California Housing Finance Agency.”
(b) The department, in conjunction with the agency, shall report to the Legislature, no later than January 1, 2018, on ways to increase homeownership for extremely low, very low, and low-income households. In preparing this report, the department and the agency shall develop a survey to gather information, including, but not limited to, the following:
(1) The number of housing authorities in California, and the number of single-family properties owned by housing authorities that are available for lease to extremely low, very low, and low-income families.
(2) The number of single-family homes owned by housing authorities in the last five years that were converted to ownership, and the names and descriptions of the programs through which the conversions were made.
(3) The number of single-family homes that were purchased by housing authorities using the federal Neighborhood Stabilization Program (NSP) funding.
(4) The number of housing authorities that have a Section 32 Homeownership Plan through the United States Department of Housing and Urban Development.
(5) The number of housing authorities that administer the federal Family Self-Sufficiency Program.
(c) The department and the agency shall work with any applicable association that represents housing authorities in California, in order to obtain a successful response rate to the survey described in subdivision (b) in order to capture the most accurate information.
(d) The report required by subdivision (b) shall also identify the following:
(1) Barriers or impediments to transitioning into homeownership for extremely low, very low, and low-income people.
(2) Using several case studies of local housing authorities with successful homeownership programs, potential best practices for other housing authorities to follow.
(3) Strategies to target extremely low, very low, and low-income people for homeownership programs.
(4) Funding programs for homeownership and other opportunities to help transition low and very-low income people to homeownership.
(e) (1) The report to be submitted pursuant to subdivision (b) shall be submitted in compliance with Section 9795 of the Government Code.
(2) Pursuant to Section 10231.5 of the Government Code, this article is repealed on January 1, 2022.
SECTION 1.
Article 13 (commencing with Section 50295) is added to Chapter 1 of Part 1 of Division 1 of Title 5 of the
Government Code
, to read:
13.
Pathway To Home Ownership
50295.
(a)As used in this section the following terms have the following meanings:
(1)“Local government agency” means a city or county, including a charter city, charter county, or charter city and county, or any agency, authority, or department thereof.
(2)“Purchaser” means the tenant of a single family residence owned by a local government agency that utilizes the program to purchase a single-family residence.
(3)“Single-family residence” means a real property improvement used, or intended to be used, as a dwelling unit for one family.
(b)On or before January 1, 2018, each local government agency that owns and leases any single-family residence shall create a mortgage program that meets the following requirements:
(1)Allocates 10 percent of all single family residences that the local government agency owns and leases to become eligible for purchase by tenants of the single family residence.
(2)Provides a mortgage to eligible tenants of single family residences that allows those tenants to purchase the single-family residence they are presently leasing.
(3)Offers a required informational session for interested tenants to attend prior to purchase of a single-family residence through the program. The session shall educate potential purchasers on their legal rights and obligations in purchasing a property through the program.
(4)Requires a valuation by the county assessor of any property being purchased through the program.
(5)Offers a wait list for persons interested in purchasing a property through the program if the local government agency has already met the 10-percent threshold with properties in the process of being purchased.
(c)The local government agency shall adopt regulations for the administration of the mortgage program that shall include, but are not limited to, the following:
(1)Mortgage eligibility requirements that are limited to tenants that qualify as extremely low income households, as defined by Section 50106 of the Health and Safety Code, very low income households, as defined by Section 50105 of the Health and Safety Code, lower income households, as defined by Section 50079.5 of the Health and Safety Code, or persons and families of low or moderate income.
(2)(A)The maximum length of the mortgage, which shall not exceed 30 years. Except as provided in subparagraph (B), the monthly payment paid by a purchaser, including principal, interest, insurance, property taxes and other property-related assessments and taxes, and any required mortgage insurance, amortized over the term of the mortgage, shall not exceed the amount the purchaser previously paid as a tenant for occupancy in the property.
(B)A local government agency may reduce the payment requirements for purchasers with extremely low income, as necessary.
(3)The local government agency may decline to offer use of the program to a prospective purchaser if it determines that the purchaser would not be able to consistently make on-time payments. A prospective purchaser shall be permitted to reapply at a later date if the local government agency declines to offer the prospective purchaser use of the program.
SEC. 2.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | Existing law, the Housing Authorities Law, declares that providing safe and sanitary dwelling accommodations for persons of low income is a public use and purpose for which public money may be spent and private property acquired, and is a governmental function of state concern. Existing law establishes procedures by which a local government may create or authorize a local housing authority to operate within it for this purpose. Existing law authorizes those housing authorities to convey surplus lands, as specified, for the development of homes for ownership by persons and families of low or moderate income. Existing law requires every local housing authority within a county or city to file on the first day of October of each year with the Department of Housing and Community Development a complete report of its activities during the previous fiscal year, with specified recommendations.
This bill would require the department, in conjunction with the California Housing Finance Agency to report, no later than January 1, 2018, on ways to increase homeownership for extremely low, very low, and low-income households. The bill would require the department and the agency to carry out and include in the report a survey of housing authorities in California, as specified.
Existing law declares the intent of the Legislature to preserve, upgrade, and expand the supply of housing to persons and families of low or moderate income, through the sale of specified surplus residential property owned by public agencies. Existing law establishes priorities and procedures that any state agency disposing of that surplus residential property is required to follow.
This bill, on or before January 1, 2018, would require every local government agency, as defined, to adopt a mortgage program that, among other things, allocates 10% of all single-family residences that the local government agency owns and leases to become eligible for purchase by tenants presently occupying the single–family residence. The bill would require each local government agency to adopt regulations for the administration of the program that include, among other things, eligibility requirements that limit the program to use by persons with extremely low income households, very low income households, lower income households, or persons and families of low or moderate income. By imposing new duties on local government agencies, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
Article 7 (commencing with Section 34390) is added to Chapter 1 of Part 2 of Division 24 of the Health and Safety Code, to read:
Article 7. Department of Housing and Community Development Report to the Legislature
34390.
(a) For purposes of this section:
(1) “Department” shall refer to “The Department of Housing and Community Development.”
(2) “Agency” shall refer to “California Housing Finance Agency.”
(b) The department, in conjunction with the agency, shall report to the Legislature, no later than January 1, 2018, on ways to increase homeownership for extremely low, very low, and low-income households. In preparing this report, the department and the agency shall develop a survey to gather information, including, but not limited to, the following:
(1) The number of housing authorities in California, and the number of single-family properties owned by housing authorities that are available for lease to extremely low, very low, and low-income families.
(2) The number of single-family homes owned by housing authorities in the last five years that were converted to ownership, and the names and descriptions of the programs through which the conversions were made.
(3) The number of single-family homes that were purchased by housing authorities using the federal Neighborhood Stabilization Program (NSP) funding.
(4) The number of housing authorities that have a Section 32 Homeownership Plan through the United States Department of Housing and Urban Development.
(5) The number of housing authorities that administer the federal Family Self-Sufficiency Program.
(c) The department and the agency shall work with any applicable association that represents housing authorities in California, in order to obtain a successful response rate to the survey described in subdivision (b) in order to capture the most accurate information.
(d) The report required by subdivision (b) shall also identify the following:
(1) Barriers or impediments to transitioning into homeownership for extremely low, very low, and low-income people.
(2) Using several case studies of local housing authorities with successful homeownership programs, potential best practices for other housing authorities to follow.
(3) Strategies to target extremely low, very low, and low-income people for homeownership programs.
(4) Funding programs for homeownership and other opportunities to help transition low and very-low income people to homeownership.
(e) (1) The report to be submitted pursuant to subdivision (b) shall be submitted in compliance with Section 9795 of the Government Code.
(2) Pursuant to Section 10231.5 of the Government Code, this article is repealed on January 1, 2022.
SECTION 1.
Article 13 (commencing with Section 50295) is added to Chapter 1 of Part 1 of Division 1 of Title 5 of the
Government Code
, to read:
13.
Pathway To Home Ownership
50295.
(a)As used in this section the following terms have the following meanings:
(1)“Local government agency” means a city or county, including a charter city, charter county, or charter city and county, or any agency, authority, or department thereof.
(2)“Purchaser” means the tenant of a single family residence owned by a local government agency that utilizes the program to purchase a single-family residence.
(3)“Single-family residence” means a real property improvement used, or intended to be used, as a dwelling unit for one family.
(b)On or before January 1, 2018, each local government agency that owns and leases any single-family residence shall create a mortgage program that meets the following requirements:
(1)Allocates 10 percent of all single family residences that the local government agency owns and leases to become eligible for purchase by tenants of the single family residence.
(2)Provides a mortgage to eligible tenants of single family residences that allows those tenants to purchase the single-family residence they are presently leasing.
(3)Offers a required informational session for interested tenants to attend prior to purchase of a single-family residence through the program. The session shall educate potential purchasers on their legal rights and obligations in purchasing a property through the program.
(4)Requires a valuation by the county assessor of any property being purchased through the program.
(5)Offers a wait list for persons interested in purchasing a property through the program if the local government agency has already met the 10-percent threshold with properties in the process of being purchased.
(c)The local government agency shall adopt regulations for the administration of the mortgage program that shall include, but are not limited to, the following:
(1)Mortgage eligibility requirements that are limited to tenants that qualify as extremely low income households, as defined by Section 50106 of the Health and Safety Code, very low income households, as defined by Section 50105 of the Health and Safety Code, lower income households, as defined by Section 50079.5 of the Health and Safety Code, or persons and families of low or moderate income.
(2)(A)The maximum length of the mortgage, which shall not exceed 30 years. Except as provided in subparagraph (B), the monthly payment paid by a purchaser, including principal, interest, insurance, property taxes and other property-related assessments and taxes, and any required mortgage insurance, amortized over the term of the mortgage, shall not exceed the amount the purchaser previously paid as a tenant for occupancy in the property.
(B)A local government agency may reduce the payment requirements for purchasers with extremely low income, as necessary.
(3)The local government agency may decline to offer use of the program to a prospective purchaser if it determines that the purchaser would not be able to consistently make on-time payments. A prospective purchaser shall be permitted to reapply at a later date if the local government agency declines to offer the prospective purchaser use of the program.
SEC. 2.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
### Summary:
This bill requires the Department of Housing and Community Development to report to the Legislature on ways to increase homeownership for extremely low, very low, and low-income |
The people of the State of California do enact as follows:
SECTION 1.
Section 1179 of the Welfare and Institutions Code is amended to read:
1179.
(a)
All persons
Each person
honorably discharged from control of the
Youth Authority Board
Department of Corrections and Rehabilitation, Division of Juvenile Justice by the Board of Parole Hearings, Juvenile Division, or from the control of the county probation department by the juvenile court
shall thereafter be released from all penalties or disabilities resulting from the offenses for which they were committed, including, but not limited to, any disqualification for any employment or occupational license, or both, created by any other
provision of
law. However, that
a
person
shall
is
not
be
eligible for appointment as a peace officer employed by any public agency if his or her appointment
would
is
otherwise
be
prohibited by Section 1029 of the Government Code.
(b) Notwithstanding
the provisions of
subdivision (a),
that
a
person may be appointed and employed as a peace officer by the Department of
the Youth Authority
Corrections and Rehabilitation, Division of Juvenile Justice
if (1) at least five years have passed since his or her honorable discharge, and the person has had no misdemeanor or felony convictions except for traffic misdemeanors since he or she was honorably discharged by the board
or the juvenile court
, or (2) the person was employed as a peace officer by the
department
Division of Juvenile Justice
on or before January 1, 1983.
No
A
person who is under the jurisdiction of the
department
Division of Juvenile Justice or county probation department
shall
not
be admitted to an examination for a peace officer position with the
department
Division of Juvenile Justice
unless and until the person has been honorably discharged from the jurisdiction of the
department by the Youth Authority Board.
Division of Juvenile Justice or county probation department pursuant to subdivision (a).
(c)
Upon
In the case of a person discharged from the control of the Department of Corrections and Rehabilitation, Division of Juvenile Justice by the Board of Parole Hearings, upon
the final discharge or dismissal of
any such
the
person, the
Department of the Youth Authority
department
shall immediately certify the discharge or dismissal in writing, and shall transmit the certificate to the court by which the person was committed. The court shall thereupon dismiss the accusation and the action pending against that person.
SEC. 2.
Section 1772 of the Welfare and Institutions Code is amended to read:
1772.
(a) Subject to subdivision (b), every person honorably discharged from control
of the Department of Corrections and Rehabilitation, Division of Juvenile Justice
by the
Youth Authority Board
Board of Parole Hearings, Juvenile Division or from the control of the county probation department by the juvenile court
who has not, during the period of control by the
authority
Division of Juvenile Justice or county probation department
, been placed by the
authority
Board of Parole Hearings, Juvenile Division or county probation department
in a state prison shall thereafter be released from all penalties and disabilities resulting from the offense or crime for which he or she was committed, and every person discharged may petition the court which committed him or her, and the court may upon that petition set aside the verdict of guilty and dismiss the accusation or information against the petitioner who shall thereafter be released from all penalties and disabilities resulting from the offense or crime for which he or she was committed, including, but not limited to, any disqualification for any employment or occupational license, or both, created by any other provision of law.
(b) Notwithstanding subdivision (a)
, all of the following shall apply
:
(1) A person described by subdivision (a) shall not be eligible for appointment as a peace officer employed by any public agency if his or her appointment would otherwise be prohibited by Section 1029 of the Government Code. However, that person may be appointed and employed as a peace officer by the Department of
the Youth Authority
Corrections and Rehabilitation, Division of Juvenile Justice
if (A) at least five years have passed since his or her honorable discharge, and the person has had no misdemeanor or felony convictions except for traffic misdemeanors since he or she was honorably discharged by the
Youth Authority Board
board or by a juvenile court
, or (B) the person was employed as a peace officer by the
Department of the Youth Authority
Division of Juvenile Justice
on or before January 1, 1983.
No
A
person who is under the jurisdiction of the
Department of the Youth Authority
Division of Juvenile Justice or county probation department
shall
not
be admitted to an examination for a peace officer position with the
department
Division of Juvenile Justice
unless and until the person has been honorably discharged from the jurisdiction of the
Youth Authority Board.
Division of Juvenile Justice or county probation department pursuant to subdivision (a).
(2) A person described by subdivision (a) is subject to Chapter 2 (commencing with Section 29800) and Chapter 3 (commencing with Section 29900) of Division 9 of Title 4 of Part 6 of the Penal Code.
(3) The conviction of a person described by subdivision (a) for an offense listed in subdivision (b) of Section 707 is admissible in a subsequent criminal, juvenile, or civil proceeding if otherwise admissible, if all the following are true:
(A) The person was 16 years of age or older at the time he or she committed the offense.
(B) The person was found unfit to be dealt with under the juvenile court law pursuant to Section 707 because he or she was alleged to have committed an offense listed in subdivision (b) of Section 707.
(C) The person was tried as an adult and convicted of an offense listed in subdivision (b) of Section 707.
(D) The person was committed to the Department of
the Youth Authority
Corrections and Rehabilitation, Division of Juvenile Justice
for the offense referred to in subparagraph (C).
(4) The conviction of a person described by subdivision (a) may be used to enhance the punishment for a subsequent offense.
(5) The conviction of a person who is 18 years of age or older at the time he or she committed the offense is admissible in a subsequent civil, criminal, or juvenile proceeding, if otherwise admissible pursuant to law.
(c) Every person discharged from control by the
Youth Authority Board
Board of Parole Hearings, Juvenile Division or from the county probation department by the juvenile court
shall be informed of the provisions of this section in writing at the time of discharge.
(d) “Honorably discharged” as used in this section means and includes every person whose discharge is based upon a good record on
parole
supervised release
. | Existing law requires that all persons honorably discharged from the control of the Department of Corrections and Rehabilitations, Division of Juvenile Justice, to thereafter be released from all penalties or disabilities resulting from the offense for which they were committed. Existing law separately requires that every person discharged from the control of the Department of Corrections and Rehabilitation, Division of Juvenile Justice, who has not, during the period of control, been placed in a state prison, to thereafter be released from all penalties and disabilities resulting from the offense or crime for which he or she was committed.
This bill would require all persons honorably discharged from the control of the Department of Corrections and Rehabilitation, Division of Juvenile Justice by the Board of Parole Hearings, Juvenile Division or from the control of the county probation department by the juvenile court to be released from all penalties or disabilities resulting from the offense for which they were committed. The bill would require that each person honorably discharged from the control of the Department of Corrections and Rehabilitation, Division of Juvenile Justice by the Board of Parole Hearings, Juvenile Division, and each person discharged from the control of the county probation department by the juvenile court who has not, during the period of control, been placed in a state prison, to thereafter be released from all penalties and disabilities resulting from the offense or crime for which he or she was committed. | <bos>
### Instruction:
Summary this text
### Text:
The people of the State of California do enact as follows:
SECTION 1.
Section 1179 of the Welfare and Institutions Code is amended to read:
1179.
(a)
All persons
Each person
honorably discharged from control of the
Youth Authority Board
Department of Corrections and Rehabilitation, Division of Juvenile Justice by the Board of Parole Hearings, Juvenile Division, or from the control of the county probation department by the juvenile court
shall thereafter be released from all penalties or disabilities resulting from the offenses for which they were committed, including, but not limited to, any disqualification for any employment or occupational license, or both, created by any other
provision of
law. However, that
a
person
shall
is
not
be
eligible for appointment as a peace officer employed by any public agency if his or her appointment
would
is
otherwise
be
prohibited by Section 1029 of the Government Code.
(b) Notwithstanding
the provisions of
subdivision (a),
that
a
person may be appointed and employed as a peace officer by the Department of
the Youth Authority
Corrections and Rehabilitation, Division of Juvenile Justice
if (1) at least five years have passed since his or her honorable discharge, and the person has had no misdemeanor or felony convictions except for traffic misdemeanors since he or she was honorably discharged by the board
or the juvenile court
, or (2) the person was employed as a peace officer by the
department
Division of Juvenile Justice
on or before January 1, 1983.
No
A
person who is under the jurisdiction of the
department
Division of Juvenile Justice or county probation department
shall
not
be admitted to an examination for a peace officer position with the
department
Division of Juvenile Justice
unless and until the person has been honorably discharged from the jurisdiction of the
department by the Youth Authority Board.
Division of Juvenile Justice or county probation department pursuant to subdivision (a).
(c)
Upon
In the case of a person discharged from the control of the Department of Corrections and Rehabilitation, Division of Juvenile Justice by the Board of Parole Hearings, upon
the final discharge or dismissal of
any such
the
person, the
Department of the Youth Authority
department
shall immediately certify the discharge or dismissal in writing, and shall transmit the certificate to the court by which the person was committed. The court shall thereupon dismiss the accusation and the action pending against that person.
SEC. 2.
Section 1772 of the Welfare and Institutions Code is amended to read:
1772.
(a) Subject to subdivision (b), every person honorably discharged from control
of the Department of Corrections and Rehabilitation, Division of Juvenile Justice
by the
Youth Authority Board
Board of Parole Hearings, Juvenile Division or from the control of the county probation department by the juvenile court
who has not, during the period of control by the
authority
Division of Juvenile Justice or county probation department
, been placed by the
authority
Board of Parole Hearings, Juvenile Division or county probation department
in a state prison shall thereafter be released from all penalties and disabilities resulting from the offense or crime for which he or she was committed, and every person discharged may petition the court which committed him or her, and the court may upon that petition set aside the verdict of guilty and dismiss the accusation or information against the petitioner who shall thereafter be released from all penalties and disabilities resulting from the offense or crime for which he or she was committed, including, but not limited to, any disqualification for any employment or occupational license, or both, created by any other provision of law.
(b) Notwithstanding subdivision (a)
, all of the following shall apply
:
(1) A person described by subdivision (a) shall not be eligible for appointment as a peace officer employed by any public agency if his or her appointment would otherwise be prohibited by Section 1029 of the Government Code. However, that person may be appointed and employed as a peace officer by the Department of
the Youth Authority
Corrections and Rehabilitation, Division of Juvenile Justice
if (A) at least five years have passed since his or her honorable discharge, and the person has had no misdemeanor or felony convictions except for traffic misdemeanors since he or she was honorably discharged by the
Youth Authority Board
board or by a juvenile court
, or (B) the person was employed as a peace officer by the
Department of the Youth Authority
Division of Juvenile Justice
on or before January 1, 1983.
No
A
person who is under the jurisdiction of the
Department of the Youth Authority
Division of Juvenile Justice or county probation department
shall
not
be admitted to an examination for a peace officer position with the
department
Division of Juvenile Justice
unless and until the person has been honorably discharged from the jurisdiction of the
Youth Authority Board.
Division of Juvenile Justice or county probation department pursuant to subdivision (a).
(2) A person described by subdivision (a) is subject to Chapter 2 (commencing with Section 29800) and Chapter 3 (commencing with Section 29900) of Division 9 of Title 4 of Part 6 of the Penal Code.
(3) The conviction of a person described by subdivision (a) for an offense listed in subdivision (b) of Section 707 is admissible in a subsequent criminal, juvenile, or civil proceeding if otherwise admissible, if all the following are true:
(A) The person was 16 years of age or older at the time he or she committed the offense.
(B) The person was found unfit to be dealt with under the juvenile court law pursuant to Section 707 because he or she was alleged to have committed an offense listed in subdivision (b) of Section 707.
(C) The person was tried as an adult and convicted of an offense listed in subdivision (b) of Section 707.
(D) The person was committed to the Department of
the Youth Authority
Corrections and Rehabilitation, Division of Juvenile Justice
for the offense referred to in subparagraph (C).
(4) The conviction of a person described by subdivision (a) may be used to enhance the punishment for a subsequent offense.
(5) The conviction of a person who is 18 years of age or older at the time he or she committed the offense is admissible in a subsequent civil, criminal, or juvenile proceeding, if otherwise admissible pursuant to law.
(c) Every person discharged from control by the
Youth Authority Board
Board of Parole Hearings, Juvenile Division or from the county probation department by the juvenile court
shall be informed of the provisions of this section in writing at the time of discharge.
(d) “Honorably discharged” as used in this section means and includes every person whose discharge is based upon a good record on
parole
supervised release
.
### Summary:
This text amends the Welfare and Institutions Code to provide that a person who has been honorably discharged from the Department of Corrections and Rehabilitation, Division of Juvenile Justice, |
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