{"_id":"c384","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 75.21 of the Revenue and Taxation Code is amended to read:\n75.21.\n(a) Exemptions shall be applied to the amount of the supplemental assessment, provided that the property is not receiving any other exemption on either the current roll or the roll being prepared except as provided for in subdivision (b), that the assessee is eligible for the exemption, and that, in those instances in which the provisions of this division require the filing of a claim for the exemption, the assessee makes a claim for the exemption.\n(b) If the property received an exemption on the current roll or the roll being prepared and the assessee on the supplemental roll is eligible for an exemption and, in those instances in which the provisions of this division require the filing of a claim for the exemption, the assessee makes a claim for an exemption of a greater amount, then the difference in the amount between the two exemptions shall be applied to the supplemental assessment.\n(c) In those instances in which the provisions of this division require the filing of a claim for the exemption, except as provided in subdivision (d), (e), or (f), any person claiming to be eligible for an exemption to be applied against the amount of the supplemental assessment shall file a claim or an amendment to a current claim, in that form as prescribed by the board, on or before the 30th day following the date of notice of the supplemental assessment, in order to receive a 100-percent exemption.\n(1) With respect to property as to which the college, cemetery, church, religious, exhibition, veterans\u2019 organization,\npublic school,\nfree public libraries, free museums, or welfare exemption was available, but for which a timely application for exemption was not filed, the following amounts shall be canceled or refunded:\n(A) Ninety percent of any tax or penalty or interest thereon, or any amount of tax or penalty or interest thereon exceeding two hundred fifty dollars ($250) in total amount, whichever is greater, for each supplemental assessment, provided that an appropriate application for exemption is filed on or before the date on which the first installment of taxes on the supplemental tax bill becomes delinquent, as provided by Section 75.52.\n(B) Eighty-five percent of any tax or penalty or interest thereon, or any amount of tax or penalty or interest thereon exceeding two hundred fifty dollars ($250) in total amount, whichever is greater, for each supplemental assessment, if an appropriate application for exemption is thereafter filed.\n(2) With respect to property as to which the welfare exemption or veterans\u2019 organization exemption was available, all provisions of Section 254.5, other than the specified dates for the filing of affidavits and other acts, are applicable to this section.\n(3) With respect to property as to which the veterans\u2019 or homeowners\u2019 exemption was available, but for which a timely application for exemption was not filed, that portion of tax attributable to 80 percent of the amount of exemption available shall be canceled or refunded, provided that an appropriate application for exemption is filed on or before the date on which the first installment of taxes on the supplemental tax bill becomes delinquent, as provided by Section 75.52.\n(4) With respect to property as to which the disabled veterans\u2019 exemption was available, but for which a timely application for exemption was not filed, that portion of tax attributable to 90 percent of the amount of exemption available shall be canceled or refunded, provided that an appropriate application for exemption is filed on or before the date on which the first installment of taxes on the supplemental tax bill becomes delinquent, as provided by Section 75.52. If an appropriate application for exemption is thereafter filed, 85 percent of the amount of the exemption available shall be canceled or refunded.\n(5) With respect to property as to which any other exemption was available, but for which a timely application for exemption was not filed, the following amounts shall be canceled or refunded:\n(A) Ninety percent of any tax or penalty or interest thereon, provided that an appropriate application for exemption is filed on or before the date on which the first installment of taxes on the supplemental tax bill becomes delinquent, as provided by Section 75.52.\n(B) Eighty-five percent of any tax or penalty or interest thereon, or any amount of tax or penalty or interest thereon exceeding two hundred fifty dollars ($250) in total amount, whichever is greater, for each supplemental assessment, if an appropriate application for exemption is thereafter filed.\nOther provisions of this division pertaining to the late filing of claims for exemption do not apply to assessments made pursuant to this chapter.\n(d) For purposes of this section, any claim for the homeowners\u2019 exemption, veterans\u2019 exemption, or disabled veterans\u2019 exemption previously filed by the owner of a dwelling, granted and in effect, constitutes the claim or claims for that exemption required in this section. In the event that a claim for the homeowners\u2019 exemption, veterans\u2019 exemption, or disabled veterans\u2019 exemption is not in effect, a claim for any of those exemptions for a single supplemental assessment for a change in ownership or new construction occurring on or after June 1, up to and including December 31, shall apply to that assessment; a claim for any of those exemptions for the two supplemental assessments for a change in ownership or new construction occurring on or after January 1, up to and including May 31, one for the current fiscal year and one for the following fiscal year, shall apply to those assessments. In either case, if granted, the claim shall remain in effect until title to the property changes, the owner does not occupy the home as his or her principal place of residence on the lien date, or the property is otherwise ineligible pursuant to Section 205, 205.5, or 218.\n(e) Notwithstanding subdivision (c), an additional exemption claim may not be required to be filed until the next succeeding lien date in the case in which a supplemental assessment results from the completion of new construction on property that has previously been granted exemption on either the current roll or the roll being prepared.\n(f) (1) Notwithstanding subdivision (c), an additional exemption claim is not required to be filed in the instance where a supplemental assessment results from a change in ownership of property where the purchaser of the property owns and uses or uses, as the case may be, other property that has been granted the college, cemetery, church, religious, exhibition, veterans\u2019 organization,\npublic school,\nfree public libraries, free museums, or welfare exemption on either the current roll or the roll being prepared and the property purchased is put to the same use.\n(2) In all other instances where a supplemental assessment results from a change in ownership of property, an application for exemption shall be filed pursuant to the provisions of subdivision (c).\nSECTION 1.\nSEC. 2.\nSection 271 of the Revenue and Taxation Code is amended to read:\n271.\n(a) Provided that an appropriate application for exemption is filed within 90 days from the first day of the month following the month in which the property was acquired or by February 15 of the following calendar year, whichever occurs first, any tax or penalty or interest imposed upon:\n(1) Property owned by any organization qualified for the college, cemetery, church, religious, exhibition, veterans\u2019 organization, tribal housing, public school, or welfare exemption that is acquired by that organization during a given calendar year, after the lien date but before the first day of the fiscal year commencing within that calendar year, when the property is of a kind that would have been qualified for the college, cemetery, church, religious, exhibition, veterans\u2019 organization, tribal housing, public school, or welfare exemption if it had been owned by the organization on the lien date, shall be canceled or refunded.\n(2) Property owned by any organization that would have qualified for the college, cemetery, church, religious, exhibition, veterans\u2019 organization, tribal housing, public school, or welfare exemption had the organization been in existence on the lien date, that was acquired by it during that calendar year after the lien date in that year but before the commencement of that fiscal year, and of a kind that presently qualifies for the exemption and that would have so qualified for that fiscal year had it been owned by the organization on the lien date and had the organization been in existence on the lien date, shall be canceled or refunded.\n(3) Property acquired after the beginning of any fiscal year by an organization qualified for the college, cemetery, church, religious, exhibition, veterans\u2019 organization, tribal housing, public school, or welfare exemption and the property is of a kind that would have qualified for an exemption if it had been owned by the organization on the lien date, whether or not that organization was in existence on the lien date, shall be canceled or refunded in the proportion that the number of days for which the property was so qualified during the fiscal year bears to 365.\n(b) Eighty-five percent of any tax or penalty or interest thereon imposed upon property that would be entitled to relief under subdivision (a) or Section 214.01, except that an appropriate application for exemption was not filed within the time required by the applicable provision, shall be canceled or refunded provided that an appropriate application for exemption is filed after the last day on which relief could be granted under subdivision (a) or Section 214.01.\n(c) Notwithstanding subdivision (b), any tax or penalty or interest thereon exceeding two hundred fifty dollars ($250) in total amount shall be canceled or refunded provided it is imposed upon property entitled to relief under subdivision (b) for which an appropriate claim for exemption has been filed.\n(d) With respect to property acquired after the beginning of the fiscal year for which relief is sought, subdivisions (b) and (c) shall apply only to that pro rata portion of any tax or penalty or interest thereon that would have been canceled or refunded had the property qualified for relief under paragraph (3) of subdivision (a).\nSEC. 2.\nSEC. 3.\nSection 271.5 of the Revenue and Taxation Code is amended to read:\n271.5.\n(a) In the event that property receiving the college, cemetery, church, religious, exhibition, veterans\u2019 organization, tribal housing, public school, or welfare exemption is sold or otherwise transferred, the exemption shall cease to apply on the date of that sale or transfer. A new exemption shall be available subject to the provisions of Section 271.\n(b) Termination of the exemption under this section shall result in an escape assessment of the property pursuant to Section 531.1.\nSEC. 3.\nSEC. 4.\nIf 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.","title":""}
{"_id":"c80","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 1063.1 of the Insurance Code is amended to read:\n1063.1.\nAs used in this article:\n(a) \u201cMember insurer\u201d means an insurer required to be a member of the association in accordance with subdivision (a) of Section 1063, except and to the extent that the insurer is participating in an insolvency program adopted by the United States government.\n(b) \u201cInsolvent insurer\u201d means an insurer that was a member insurer of the association, consistent with paragraph (11) of subdivision (c), either at the time the policy was issued or when the insured event occurred, and against which an order of liquidation with a finding of insolvency has been entered by a court of competent jurisdiction, or, in the case of the State Compensation Insurance Fund, if a finding of insolvency is made by a duly enacted legislative measure.\n(c) (1) \u201cCovered claims\u201d means the obligations of an insolvent insurer, including the obligation for unearned premiums, that satisfy all of the following requirements:\n(A) Imposed by law and within the coverage of an insurance policy of the insolvent insurer.\n(B) Which were unpaid by the insolvent insurer.\n(C) Which are presented as a claim to the liquidator in the state of domicile of the insolvent insurer or to the association on or before the last date fixed for the filing of claims in the domiciliary liquidating proceedings.\n(D) Which were incurred prior to the date coverage under the policy terminated and prior to, on, or within 30 days after the date the liquidator was appointed.\n(E) For which the assets of the insolvent insurer are insufficient to discharge in full.\n(F) In the case of a policy of workers\u2019 compensation insurance, to provide workers\u2019 compensation benefits under the workers\u2019 compensation law of this state.\n(G) In the case of other classes of insurance if the claimant or insured is a resident of this state at the time of the insured occurrence, or the property from which the claim arises is permanently located in this state.\n(2) \u201cCovered claims\u201d also includes the obligations assumed by an assuming insurer from a ceding insurer where the assuming insurer subsequently becomes an insolvent insurer if, at the time of the insolvency of the assuming insurer, the ceding insurer is no longer admitted to transact business in this state. Both the assuming insurer and the ceding insurer shall have been member insurers at the time the assumption was made. \u201cCovered claims\u201d under this paragraph shall be required to satisfy the requirements of subparagraphs (A) to (G), inclusive, of paragraph (1), except for the requirement that the claims be against policies of the insolvent insurer. The association shall have a right to recover any deposit, bond, or other assets that may have been required to be posted by the ceding company to the extent of covered claim payments and shall be subrogated to any rights the policyholders may have against the ceding insurer.\n(3) \u201cCovered claims\u201d does not include obligations arising from the following:\n(A) Life, annuity, health, or disability insurance.\n(B) Mortgage guaranty, financial guaranty, or other forms of insurance offering protection against investment risks.\n(C) Fidelity or surety insurance including fidelity or surety bonds, or any other bonding obligations.\n(D) Credit insurance.\n(E) Title insurance.\n(F) Ocean marine insurance or ocean marine coverage under an insurance policy including claims arising from the following: the Jones Act (46 U.S.C. Secs. 30104 and 30105), the Longshore and Harbor Workers\u2019 Compensation Act (33 U.S.C. Sec. 901 et seq.), or any other similar federal statutory enactment, or an endorsement or policy affording protection and indemnity coverage.\n(G) Any claims servicing agreement or insurance policy providing retroactive insurance of a known loss or losses, except a special excess workers\u2019 compensation policy issued pursuant to subdivision (c) of Section 3702.8 of the Labor Code that covers all or any part of workers\u2019 compensation liabilities of an employer that is issued, or was previously issued, a certificate of consent to self-insure pursuant to subdivision (b) of Section 3700 of the Labor Code.\n(4) \u201cCovered claims\u201d does not include any obligations of the insolvent insurer arising out of any reinsurance contracts, nor any obligations incurred after the expiration date of the insurance policy or after the insurance policy has been replaced by the insured or canceled at the insured\u2019s request, or after the insurance policy has been canceled by the liquidator, nor any obligations to a state or to the federal government.\n(5) \u201cCovered claims\u201d does not include any obligations to insurers, insurance pools, or underwriting associations, nor their claims for contribution, indemnity, or subrogation, equitable or otherwise, except as otherwise provided in this chapter.\nAn insurer, insurance pool, or underwriting association may not maintain, in its own name or in the name of its insured, a claim or legal action against the insured of the insolvent insurer for contribution, indemnity, or by way of subrogation, except insofar as, and to the extent only, that the claim exceeds the policy limits of the insolvent insurer\u2019s policy. In those claims or legal actions, the insured of the insolvent insurer is entitled to a credit or setoff in the amount of the policy limits of the insolvent insurer\u2019s policy, or in the amount of the limits remaining, where those limits have been diminished by the payment of other claims.\n(6) \u201cCovered claims,\u201d except in cases involving a claim for workers\u2019 compensation benefits or for unearned premiums, does not include a claim in an amount of one hundred dollars ($100) or less, nor that portion of a claim that is in excess of any applicable limits provided in the insurance policy issued by the insolvent insurer.\n(7) \u201cCovered claims\u201d does not include that portion of a claim, other than a claim for workers\u2019 compensation benefits, that is in excess of five hundred thousand dollars ($500,000).\n(8) \u201cCovered claims\u201d does not include any amount awarded as punitive or exemplary damages, nor any amount awarded by the Workers\u2019 Compensation Appeals Board pursuant to Section 5814 or 5814.5 of the Labor Code because payment of compensation was unreasonably delayed or refused by the insolvent insurer.\n(9) \u201cCovered claims\u201d does not include (A) a claim to the extent it is covered by any other insurance of a class covered by this article available to the claimant or insured or (B) a claim by a person other than the original claimant under the insurance policy in his or her own name, his or her assignee as the person entitled thereto under a premium finance agreement as defined in Section 673 and entered into prior to insolvency, his or her executor, administrator, guardian, or other personal representative or trustee in bankruptcy, and does not include a claim asserted by an assignee or one claiming by right of subrogation, except as otherwise provided in this chapter.\n(10) \u201cCovered claims\u201d does not include any obligations arising out of the issuance of an insurance policy written by the separate division of the State Compensation Insurance Fund pursuant to Sections 11802 and 11803.\n(11) \u201cCovered claims\u201d does not include any obligations of the insolvent insurer arising from a policy or contract of insurance issued or renewed prior to the insolvent insurer\u2019s admission to transact insurance in the State of California.\n(12) \u201cCovered claims\u201d does not include surplus deposits of subscribers as defined in Section 1374.1.\n(13) \u201cCovered claims\u201d shall also include obligations arising under an insurance policy written to indemnify a permissibly self-insured employer pursuant to subdivision (b) or (c) of Section 3700 of the Labor Code for its liability to pay workers\u2019 compensation benefits in excess of a specific or aggregate retention. However, for purposes of this article, those claims shall not be considered workers\u2019 compensation claims and therefore are subject to the per-claim limit in paragraph (7), and any payments and expenses related thereto shall be allocated to category (c) for claims other than workers\u2019 compensation, homeowners, and automobile, as provided in Section 1063.5.\nThese provisions shall apply to obligations arising under a policy as described herein issued to a permissibly self-insured employer or group of self-insured employers pursuant to Section 3700 of the Labor Code and notwithstanding any other provision of this code, those obligations shall be governed by this provision in the event that the Self-Insurers\u2019 Security Fund is ordered to assume the liabilities of a permissibly self-insured employer or group of self-insured employers pursuant to Section 3701.5 of the Labor Code. The provisions of this paragraph apply only to insurance policies written to indemnify a permissibly self-insured employer or group of self-insured employers under subdivision (b) or (c) of Section 3700 of the Labor Code, for its liability to pay workers\u2019 compensation benefits in excess of a specific or aggregate retention, and this paragraph does not apply to special excess workers\u2019 compensation insurance policies unless issued pursuant to authority granted in subdivision (c) of Section 3702.8 of the Labor Code, and as provided for in subparagraph (G) of paragraph (3). In addition, this paragraph does not apply to any claims servicing agreement or insurance policy providing retroactive insurance of a known loss or losses as are excluded in subparagraph (G) of paragraph (3).\nEach permissibly self-insured employer or group of self-insured employers, or the Self-Insurers\u2019 Security Fund, shall, to the extent required by the Labor Code, be responsible for paying, adjusting, and defending each claim arising under policies of insurance covered under this section, unless the benefits paid on a claim exceed the specific or aggregate retention, in which case:\n(A) If the benefits paid on the claim exceed the specific or aggregate retention, and the policy requires the insurer to defend and adjust the claim, the California Insurance Guarantee Association (CIGA) shall be solely responsible for adjusting and defending the claim, and shall make all payments due under the claim, subject to the limitations and exclusions of this article with regard to covered claims. As to each claim subject to this paragraph, notwithstanding any other provisions of this code or the Labor Code, and regardless of whether the amount paid by CIGA is adequate to discharge a claim obligation, neither the self-insured employer, group of self-insured employers, nor the Self-Insurers\u2019 Security Fund shall have any obligation to pay benefits over and above the specific or aggregate retention, except as provided in this subdivision.\n(B) If the benefits paid on the claim exceed the specific or aggregate retention, and the policy does not require the insurer to defend and adjust the claim, the permissibly self-insured employer or group of self-insured employers, or the Self-Insurers\u2019 Security Fund, shall not have any further payment obligations with respect to the claim, but shall continue defending and adjusting the claim, and shall have the right, but not the obligation, in any proceeding to assert all applicable statutory limitations and exclusions as contained in this article with regard to the covered claim. CIGA shall have the right, but not the obligation, to intervene in any proceeding where the self-insured employer, group of self-insured employers, or the Self-Insurers\u2019 Security Fund is defending a claim and shall be permitted to raise the appropriate statutory limitations and exclusions as contained in this article with respect to covered claims. Regardless of whether the self-insured employer or group of self-insured employers, or the Self-Insurers\u2019 Security Fund, asserts the applicable statutory limitations and exclusions, or whether CIGA intervenes in a proceeding, CIGA shall be solely responsible for paying all benefits due on the claim, subject to the exclusions and limitations of this article with respect to covered claims. As to each claim subject to this paragraph, notwithstanding any other provision of the Insurance Code or the Labor Code and regardless of whether the amount paid by CIGA is adequate to discharge a claim obligation, neither the self-insured employer, group of self-insured employers, nor the Self-Insurers\u2019 Security Fund, shall have an obligation to pay benefits over and above the specific or aggregate retention, except as provided in this subdivision.\n(C) In the event that the benefits paid on the covered claim exceed the per-claim limit in paragraph (7), the responsibility for paying, adjusting, and defending the claim shall be returned to the permissibly self-insured employer or group of employers, or the Self-Insurers\u2019 Security Fund.\nThese provisions shall apply to all pending and future insolvencies. For purposes of this paragraph, a pending insolvency is one involving a company that is currently receiving benefits from the guarantee association.\n(14) \u201cCovered claims\u201d shall include any claims filed by an employee of a general employer that has entered into a contractual relationship with a special employer who is a self-insured governmental entity and has satisfied the provisions of paragraph (1) of subdivision (d) of Section 3602 of the Labor Code. In no event is the self-insurance of a special employer governmental entity to be considered other insurance for purposes of this article if the provisions of paragraph (1) of subdivision (d) of Section 3602 of the Labor Code are required by contractual agreement between the general employer and the special employer. The contractual agreement shall be conclusive proof that the special employer never had the intent to provide workers\u2019 compensation insurance for the employees of the general employer.\n(d) \u201cAdmitted to transact insurance in this state\u201d means an insurer possessing a valid certificate of authority issued by the department.\n(e) \u201cAffiliate\u201d means a person who directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with an insolvent insurer on December 31 of the year next preceding the date the insurer becomes an insolvent insurer.\n(f) \u201cControl\u201d means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract other than a commercial contract for goods or nonmanagement services, or otherwise, unless the power is the result of an official position with or corporate office held by the person. Control is presumed to exist if a person, directly or indirectly, owns, controls, holds with the power to vote, or holds proxies representing, 10 percent or more of the voting securities of any other person. This presumption may be rebutted by showing that control does not in fact exist.\n(g) \u201cClaimant\u201d means an insured making a first party claim or a person instituting a liability claim. However, no person who is an affiliate of the insolvent insurer may be a claimant.\n(h) \u201cOcean marine insurance\u201d includes marine insurance as defined in Section 103, except for inland marine insurance, as well as any other form of insurance, regardless of the name, label, or marketing designation of the insurance policy, that insures against maritime perils or risks and other related perils or risks, that are usually insured against by traditional marine insurance such as hull and machinery, marine builders\u2019 risks, and marine protection and indemnity. Those perils and risks insured against include, without limitation, loss, damage, or expense or legal liability of the insured arising out of or incident to ownership, operation, chartering, maintenance, use, repair, or construction of a vessel, craft, or instrumentality in use in ocean or inland waterways, including liability of the insured for personal injury, illness, or death for loss or damage to the property of the insured or another person.\n(i) \u201cUnearned premium\u201d means that portion of a premium as calculated by the liquidator that had not been earned because of the cancellation of the insolvent insurer\u2019s policy and is that premium remaining for the unexpired term of the insolvent insurer\u2019s policy. \u201cUnearned premium\u201d does not include any amount sought as return of a premium under a policy providing retroactive insurance of a known loss or return of a premium under a retrospectively rated policy or a policy subject to a contingent surcharge or a policy in which the final determination of the premium cost is computed after expiration of the policy and is calculated on the basis of actual loss experienced during the policy period.","title":""}
{"_id":"c66","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nItem 2240-101-6082 of Section 2.00 of the Budget Act of 2016 is amended to read:\n2240-101-6082\u2014For local assistance, Department of Housing and Community Development, payable from the Housing for Veterans Fund ........................\n75,000,000\nSchedule:\n(1)\n1665-Financial Assistance Program ........................\n75,000,000\nProvisions:\n1.\nThe Director of Finance may authorize an increase in this appropriation, up to the total amount of proceeds available pursuant to the Veterans Housing and Homeless Prevention Bond Act of 2014. Any approved increase shall correspond to the level of awards anticipated by the Department of Housing and Community Development. An approval of an augmentation may be authorized not sooner than 30 days after notification is provided in writing to the Chairperson of the Joint Legislative Budget Committee and the chairpersons of the committees in each house of the Legislature that consider appropriations.\n2.\nNotwithstanding Section 16304.1 of the Government Code, funds appropriated in this item shall be available for liquidation of encumbrances until June 30, 2022. The Director of Finance may authorize an extension of the liquidation period if it is determined that an extension is needed to facilitate a project\u2019s completion. An approval may be authorized not sooner than 30 days after notification is provided in writing to the Chairperson of the Joint Legislative Budget Committee and the chairpersons of the committees in each house of the Legislature that consider appropriations.\n3.\nOf the funds appropriated in this item, $10,000,000 shall be made available by the Department of Housing and Community Development, in consultation with the Department of Veterans Affairs, for loans to counties or private nonprofit organizations, or both, for the construction or rehabilitation of transitional housing or shelter facilitates that provide services for homeless veterans. The Department of Housing and Community Development shall include in the guidelines priority for applicants that demonstrate need and focus on long-term solutions, including funding for mental health and addiction treatment services, as well as having proven long-term effectiveness.\nSEC. 2.\nItem 2240-105-0001 of Section 2.00 of the Budget Act of 2016 is amended to read:\n2240-105-0001\u2014For transfer by the Controller to the Emergency Housing and Assistance Fund ........................\n45,000,000\nProvisions:\n1.\nThe funds transferred by this item shall be used for support costs and local assistance associated with administering the California Emergency Solutions Grant Program as set forth in Chapter 19 (commencing with Section 50899.1) of Part 2 of Division 31 of the Health and Safety Code.\n2.\nOf the funds appropriated in this item, $10,000,000 shall be made available to the Office of Emergency Services for the Homeless Youth Emergency Service Pilot Projects as set forth in Chapter 6 (commencing with Section 13700) of Part 3 of Division 9 of the Welfare and Institutions Code to fund new pilot projects over five years for the County of Orange, the County of Fresno, the County of San Bernardino, and the County of El Dorado.\nSEC. 3.\nItem 4260-001-3085 of Section 2.00 of the Budget Act of 2016 is amended to read:\n4260-001-3085\u2014For support of Department of Health Care Services, payable from the Mental Health Services Fund ........................\n13,620,000\nSchedule:\n(1)\n3960-Health Care Services ........................\n13,620,000\nProvisions:\n1.\nFunds appropriated in this item are in lieu of the amounts that otherwise would have been appropriated for administration pursuant to subdivision (d) of Section 5892 of the Welfare and Institutions Code.\n2.\nOf the funds appropriated in this item, $4,000,000 is available for encumbrance or expenditure until June 30, 2019, to support suicide hotlines throughout the state only if the Department of Finance determines that funds are available from the amounts allocated for state administration of the Mental Health Services Fund pursuant to subdivision (d) of Section 5892 of the Welfare and Institutions Code. These funds shall not be released sooner than 30 days after the Department of Finance provides notification of the availability of funds in writing to the chairpersons of the committees in each house of the Legislature that consider appropriations, the chairpersons of the committees in each house of the Legislature that consider the State Budget, and the Chairperson of the Joint Legislative Budget Committee.\nSEC. 4.\nSection 39.00 of the Budget Act of 2016 is amended to read:\nSEC. 39.00.\nThe Legislature hereby finds and declares that the following bills are other bills providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution: AB 1600, AB 1601, AB 1602, AB 1603, AB 1604, AB 1605, AB 1606, AB 1607, AB 1608, AB 1609, AB 1610, AB 1611, AB 1612, AB 1613, AB 1614, AB 1615, AB 1616, AB 1617, AB 1618, AB 1619, AB 1620, AB 1621, AB 1623, SB 828, SB 829, SB 830, SB 831, SB 832, SB 833, SB 834, SB 835, SB 836, SB 837, SB 838, SB 839, SB 840, SB 841, SB 842, SB 843, SB 844, SB 845, SB 846, SB 847, SB 848, SB 849, SB 850, SB 851, and SB 852.\nSEC. 5.\nThis act is a Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution and shall take effect immediately.","title":""}
{"_id":"c465","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nThe Legislature finds and declares as follows:\n(a) The Spring Creek Bridge at Fall River is an old, 150-foot-long multispan wood structure that is constantly exposed to water and in a constant state of decay requiring significant and ongoing maintenance.\n(b) The bridge provides access to ranches, residences, and United States Forest Service lands. If the existing Spring Creek Bridge fails, traffic will be detoured on to United States Forest Service roads and private, unpaved roads that may be impassable in winter months.\n(c) In order to maintain access to these lands, the County of Shasta must be authorized to take the rough sculpin to replace the Spring Creek Bridge at Fall River.\nSEC. 2.\nSection 2081.4 is added to the Fish and Game Code, to read:\n2081.4.\n(a) The department may authorize, under this chapter, the take of the rough sculpin (Cottus asperrimus) resulting from impacts attributable to replacing the Spring Creek Bridge in the County of Shasta, if all of the following conditions are satisfied:\n(1) The requirements of subdivisions (b) and (c) of Section 2081 are satisfied for the take of the rough sculpin.\n(2) The department ensures that all further measures necessary to satisfy the conservation standard of subdivision (d) of Section 2805 are incorporated into the project.\n(3) The take authorization provides for the development and implementation, in cooperation with federal and state agencies, of a monitoring program and an adaptive management process until the department determines that any impacts resulting from the replacement of the Spring Creek Bridge have been fully mitigated.\n(b) This section shall not be construed to exempt the project described in subdivision (a) from any other law.\nSEC. 3.\nSection 5515 of the Fish and Game Code is amended to read:\n5515.\n(a) (1) Except as provided in this section or Section 2081.4, 2081.6, 2081.7, or 2835, a fully protected fish shall not be taken or possessed at any time. No provision of this code or any other law shall be construed to authorize the issuance of a permit or license to take a fully protected fish, and no permit or license previously issued shall have force or effect for that purpose. However, the department may authorize the taking of a fully protected fish for necessary scientific research, including efforts to recover fully protected, threatened, or endangered species. Before authorizing the take of a fully protected fish, the department shall make an effort to notify all affected and interested parties to solicit information and comments on the proposed authorization. The notification shall be published in the California Regulatory Notice Register and be made available to each person who has notified the department, in writing, of his or her interest in fully protected species and who has provided an email address, if available, or postal address to the department. Affected and interested parties shall have 30 days after notification is published in the California Regulatory Notice Register to provide relevant information and comments on the proposed authorization.\n(2) As used in this subdivision, \u201cscientific research\u201d does not include an action taken as part of specified mitigation for a project, as defined in Section 21065 of the Public Resources Code.\n(3) A legally imported fully protected fish may be possessed under a permit issued by the department.\n(b) The following are fully protected fish:\n(1) Colorado River squawfish (Ptychocheilus lucius).\n(2) Thicktail chub (Gila crassicauda).\n(3) Mohave chub (Gila mohavensis).\n(4) Lost River sucker (Catostomus luxatus).\n(5) Modoc sucker (Catostomus microps).\n(6) Shortnose sucker (Chasmistes brevirostris).\n(7) Humpback sucker (Xyrauchen texanus).\n(8) Owens River pupfish (Cyprinoden radiosus).\n(9) Unarmored threespine stickleback (Gasterosteus aculeatus williamsoni).\n(10) Rough sculpin (Cottus asperrimus).\nSEC. 3.1.\nSection 5515 of the Fish and Game Code is amended to read:\n5515.\n(a) (1) Except as provided in this section or Section 2081.4, 2081.6, 2081.7, 2089.7, or 2835, a fully protected fish shall not be taken or possessed at any time. No provision of this code or any other law shall be construed to authorize the issuance of a permit or license to take a fully protected fish, and no permit or license previously issued shall have force or effect for that purpose. However, the department may authorize the taking of a fully protected fish for necessary scientific research, including efforts to recover fully protected, threatened, or endangered species. Before authorizing the take of a fully protected fish, the department shall make an effort to notify all affected and interested parties to solicit information and comments on the proposed authorization. The notification shall be published in the California Regulatory Notice Register and be made available to each person who has notified the department, in writing, of his or her interest in fully protected species and who has provided an email address, if available, or postal address to the department. Affected and interested parties shall have 30 days after notification is published in the California Regulatory Notice Register to provide relevant information and comments on the proposed authorization.\n(2) As used in this subdivision, \u201cscientific research\u201d does not include an action taken as part of specified mitigation for a project, as defined in Section 21065 of the Public Resources Code.\n(3) A legally imported fully protected fish may be possessed under a permit issued by the department.\n(b) The following are fully protected fish:\n(1) Colorado River squawfish (Ptychocheilus lucius).\n(2) Thicktail chub (Gila crassicauda).\n(3) Mohave chub (Gila mohavensis).\n(4) Lost River sucker (Catostomus luxatus).\n(5) Modoc sucker (Catostomus microps).\n(6) Shortnose sucker (Chasmistes brevirostris).\n(7) Humpback sucker (Xyrauchen texanus).\n(8) Owens pupfish (Cyprinoden radiosus).\n(9) Unarmored threespine stickleback (Gasterosteus aculeatus williamsoni).\n(10) Rough sculpin (Cottus asperrimus).\nSEC. 3.2.\nSection 5515 of the Fish and Game Code is amended to read:\n5515.\n(a) (1) Except as provided in this section or Section 2081.4, 2081.6, 2081.7, 2081.10 or 2835, a fully protected fish shall not be taken or possessed at any time. No provision of this code or any other law shall be construed to authorize the issuance of a permit or license to take a fully protected fish, and no permit or license previously issued shall have force or effect for that purpose. However, the department may authorize the taking of a fully protected fish for necessary scientific research, including efforts to recover fully protected, threatened, or endangered species. Before authorizing the take of a fully protected fish, the department shall make an effort to notify all affected and interested parties to solicit information and comments on the proposed authorization. The notification shall be published in the California Regulatory Notice Register and be made available to each person who has notified the department, in writing, of his or her interest in fully protected species and who has provided an email address, if available, or postal address to the department. Affected and interested parties shall have 30 days after notification is published in the California Regulatory Notice Register to provide relevant information and comments on the proposed authorization.\n(2) As used in this subdivision, \u201cscientific research\u201d does not include an action taken as part of specified mitigation for a project, as defined in Section 21065 of the Public Resources Code.\n(3) A legally imported fully protected fish may be possessed under a permit issued by the department.\n(b) The following are fully protected fish:\n(1) Colorado River squawfish (Ptychocheilus lucius).\n(2) Thicktail chub (Gila crassicauda).\n(3) Mohave chub (Gila mohavensis).\n(4) Lost River sucker (Catostomus luxatus).\n(5) Modoc sucker (Catostomus microps).\n(6) Shortnose sucker (Chasmistes brevirostris).\n(7) Humpback sucker (Xyrauchen texanus).\n(8) Owens River pupfish (Cyprinoden radiosus).\n(9) Unarmored threespine stickleback (Gasterosteus aculeatus williamsoni).\n(10) Rough sculpin (Cottus asperrimus).\nSEC. 3.3.\nSection 5515 of the Fish and Game Code is amended to read:\n5515.\n(a) (1) Except as provided in this section or Section 2081.4, 2081.6, 2081.7, 2081.10, 2089.7, or 2835, a fully protected fish shall not be taken or possessed at any time. No provision of this code or any other law shall be construed to authorize the issuance of a permit or license to take a fully protected fish, and no permit or license previously issued shall have force or effect for that purpose. However, the department may authorize the taking of a fully protected fish for necessary scientific research, including efforts to recover fully protected, threatened, or endangered species. Before authorizing the take of a fully protected fish, the department shall make an effort to notify all affected and interested parties to solicit information and comments on the proposed authorization. The notification shall be published in the California Regulatory Notice Register and be made available to each person who has notified the department, in writing, of his or her interest in fully protected species and who has provided an email address, if available, or postal address to the department. Affected and interested parties shall have 30 days after notification is published in the California Regulatory Notice Register to provide relevant information and comments on the proposed authorization.\n(2) As used in this subdivision, \u201cscientific research\u201d does not include an action taken as part of specified mitigation for a project, as defined in Section 21065 of the Public Resources Code.\n(3) A legally imported fully protected fish may be possessed under a permit issued by the department.\n(b) The following are fully protected fish:\n(1) Colorado River squawfish (Ptychocheilus lucius).\n(2) Thicktail chub (Gila crassicauda).\n(3) Mohave chub (Gila mohavensis).\n(4) Lost River sucker (Catostomus luxatus).\n(5) Modoc sucker (Catostomus microps).\n(6) Shortnose sucker (Chasmistes brevirostris).\n(7) Humpback sucker (Xyrauchen texanus).\n(8) Owens pupfish (Cyprinoden radiosus).\n(9) Unarmored threespine stickleback (Gasterosteus aculeatus williamsoni).\n(10) Rough sculpin (Cottus asperrimus).\nSEC. 4.\n(a) Section 3.1 of this bill incorporates amendments to Section 5515 of the Fish and Game Code proposed by both this bill and Assembly Bill 2001. 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 5515 of the Fish and Game Code, (3) Assembly Bill 2488 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 2001, in which case Sections 3, 3.2, and 3.3 of this bill shall not become operative.\n(b) Section 3.2 of this bill incorporates amendments to Section 5515 of the Fish and Game Code proposed by both this bill and Assembly Bill 2488. 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 5515 of the Fish and Game Code, (3) AB 2001 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 2488 in which case Sections 3, 3.1, and 3.3 of this bill shall not become operative.\n(c) Section 3.3 of this bill incorporates amendments to Section 5515 of the Fish and Game Code proposed by this bill, Assembly Bill 2001, and Assembly Bill 2488. It shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2017, (2) all three bills amend Section 5515 of the Fish and Game Code, and (3) this bill is enacted after Assembly Bill 2001 and Assembly Bill 2488, in which case Sections 3, 3.1, and 3.2 of this bill shall not become operative.","title":""}
{"_id":"c333","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 51504 of the Health and Safety Code is amended to read:\n51504.\n(a) The agency shall administer a downpayment assistance program that includes, but is not limited to, all of the following:\n(1) Downpayment assistance shall include, but not be limited to, a deferred-payment, low-interest, junior mortgage loan to reduce the principal and interest payments and make financing affordable to first-time low- and moderate-income home buyers.\n(2) (A) Except as provided in subparagraph (B) or (C), the amount of downpayment assistance shall not exceed 3 percent of the home sale price.\n(B) The amount of downpayment assistance for a new home within an infill opportunity zone, as defined in Section 65088.1 of the Government Code, a transit village development district, as defined in Section 65460.4 of the Government Code, or a transit-oriented development specific plan area, as defined in paragraph (6), shall not exceed 5 percent of the purchase price or the appraised value, whichever amount is less, of the new home. The borrower of the downpayment assistance shall provide the lender originating the loan with a certification from the local government agency administering the infill opportunity zone, the transit village development district, or the transit-oriented development specific plan area that states that the property involved in the loan transaction is within the boundaries of either the infill opportunity zone, the transit village development district, or the transit-oriented development specific plan area.\n(C) Notwithstanding paragraph (1), the agency may, but is not required to, provide downpayment assistance that does not exceed 6 percent of the home sale price to first-time low-income home buyers who, as documented to the agency by a nonprofit organization that is certified and funded to provide home ownership counseling by a federally funded national nonprofit corporation, are purchasing a residence in a community revitalization area targeted by the nonprofit organization as a neighborhood in need of economic stimulation, renovation, and rehabilitation through efforts that include increased home ownership opportunities for low-income families. The agency shall not use more than six million dollars ($6,000,000) in funds made available pursuant to Section 53533 for the purposes of this paragraph.\n(3) The amount of the downpayment assistance shall be secured by a deed of trust in a junior position to the primary financing provided. The term of the loan for the downpayment assistance shall not exceed the term of the primary loan.\n(4) (A) Except as provided in subparagraphs (B) and (C), the amount of the downpayment assistance shall be due and payable at the end of the term or upon sale of or refinancing of the home. The borrower may refinance the mortgages on the home provided that the principal and accrued interest on the junior mortgage loan securing the downpayment assistance are repaid in full. All repayments shall be made to the agency to be reallocated for the purposes of this chapter.\n(B) The agency may, in its discretion, permit the downpayment assistance loan to be subordinated to refinancing if it determines that the borrower has demonstrated hardship, subordination is required to avoid foreclosure, and the new loan meets the agency\u2019s underwriting requirements. The agency may permit subordination on those terms and conditions as it determines are reasonable.\n(C) The amount of the downpayment assistance shall not be due and payable upon sale of the home if the first mortgage loan is insured by the Federal Housing Administration (FHA) or if the first mortgage loan is, or has been, transferred to the FHA, or if the requirement is otherwise contrary to regulations of the United States Department of Housing and Urban Development governing FHA insured first mortgage loans.\n(5) The agency may use up to 5 percent of the funds appropriated by the Legislature for purposes of this chapter to administer this program.\n(6) For purposes of this section, \u201ctransit-oriented development specific plan area\u201d means a specific plan that meets the criteria set forth in Section 65451 of the Government Code, is centered around a rail or light-rail station, ferry terminal, bus hub, or bus transfer station, and is intended to achieve a higher density use of land that facilitates use of the transit station.\n(b) In addition to the downpayment assistance program authorized by subdivision (a), the agency may, at its discretion, use not more than seventy-five million dollars ($75,000,000) of the funds available pursuant to this chapter to finance the acquisition of land and the construction and development of housing developments, as defined in Section 50073.5, and for-sale residential structures through short-term loans pursuant to its authority pursuant to Section 51100. However, the agency shall make downpayment assistance provided pursuant to paragraph (1), subparagraphs (A) and (B) of paragraph (2), and paragraphs (3) to (5), inclusive, of subdivision (a) the priority use for these funds. A loan made pursuant to this section is not subject to Article 4 (commencing with Section 51175) of Chapter 5.\n(c) (1) In addition to the downpayment assistance program authorized by subdivision (a), the agency shall provide downpayment assistance from the funds appropriated by the act adding this subdivision to first-time home buyers pursuant to paragraphs (1), (2), (3), (4), and (6) of subdivision (a) for homes in development projects that are located in designated infill sites, close to public transit, and that are located in cities, counties, or cities and counties that reduce developer or impact fees or reduce or remove regulatory barriers to housing construction for the development projects.\nThe agency shall identify and shall objectively measure the types of local agency actions or incentives that the agency determines appropriately reduce developer or impact fees or reduce or remove regulatory barriers to affordable housing projects.\nThese actions or incentives may include, but are not limited to, modifications to any or all of the following:\n(A) Local design review requirements.\n(B) Land use controls.\n(C) Building codes and enforcement.\n(D) Onsite or offsite improvement requirements.\n(E) Project design.\n(F) Permit processing.\n(G) (i) A 30-percent reduction in the schedule of local fees, charges, and other exactions on local developers within the local agency\u2019s jurisdiction within 12 months or more prior to the submission of the application for assistance pursuant to this subdivision. The local agency shall provide verification of the reduction with supporting documents showing successive annual fee schedules to the agency.\n(ii) For the purposes of this subparagraph, \u201clocal fees, charges, and other exactions\u201d includes, but is not limited to, all of the following:\n(I) Planning and zoning fees.\n(II) Environmental documentation fees.\n(III) Building permit fees.\n(IV) Plan check fees.\n(V) School fees.\n(VI) School mitigation fees.\n(VII) Highway, road, traffic, and transit fees.\n(VIII) Water, wastewater, sewer, and drainage fees.\n(IX) Utility or water connection fees.\n(X) Public safety fees.\n(XI) Capital facilities fees.\n(XII) Parks and recreation fees.\n(XIII) Any other fee that may substitute for the requirements described in subparagraph (D).\n(2) Paragraph (1) applies only to the use of funds appropriated by the act adding this subdivision and shall not be construed to apply to the use of any other funds.\nSEC. 2.\nIf 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.\nSEC. 3.\nThe sum of ten million dollars ($10,000,000) is hereby appropriated from the General Fund to the California Homebuyer\u2019s Downpayment Assistance Program for the purposes set forth in Section 51504 of the Health and Safety Code that satisfy the requirements of subdivision (c) of that section. After 48 months of availability, if the California Housing Finance Agency determines that these moneys will not be utilized for the purposes set forth in Section 51504 of the Health and Safety Code that satisfy the requirements of subdivision (c) of that section, the moneys shall be available for the general use of the California Housing Finance Agency for the purposes of the California Homebuyer\u2019s Downpayment Assistance Program.","title":""}
{"_id":"c135","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 13515.30 of the Penal Code is amended to read:\n13515.30.\n(a) By July 1, 2015, the Commission on Peace Officer Standards and Training shall establish and keep updated a continuing education training course relating to law enforcement interaction with mentally disabled and developmentally disabled persons living within a state mental hospital or state developmental center. The training course shall be developed by the commission in consultation with appropriate community, local, and state organizations and agencies that have expertise in the area of mental illness and developmental disability, and with appropriate consumer and family advocate groups. In developing the course, the commission shall also examine existing courses certified by the commission that relate to mentally disabled and developmentally disabled persons. The commission shall make the course available to all law enforcement agencies in California, and the course shall be required for law enforcement personnel serving in law enforcement agencies with jurisdiction over state mental hospitals and state developmental centers, as part of the agency\u2019s officer training program.\n(b) The course described in subdivision (a) may consist of video-based or classroom instruction. The course shall include, at a minimum, core instruction in all of the following:\n(1) The prevalence, cause, and nature of mental illnesses and developmental disabilities.\n(2) The unique characteristics, barriers, and challenges of individuals who may be a victim of abuse or exploitation living within a state mental hospital or state developmental center.\n(3) How to accommodate, interview, and converse with individuals who may require assistive devices in order to express themselves.\n(4) Capacity and consent of individuals with cognitive and intellectual barriers.\n(5) Conflict resolution and deescalation techniques for potentially dangerous situations involving mentally disabled or developmentally disabled persons.\n(6) Appropriate language usage when interacting with mentally disabled or developmentally disabled persons.\n(7) Community and state resources and advocacy support and services available to serve mentally disabled or developmentally disabled persons, and how these resources can be best utilized by law enforcement to benefit the mentally disabled or developmentally disabled community.\n(8) The fact that a crime committed in whole or in part because of an actual or perceived disability of the victim is a hate crime punishable under Title 11.6 (commencing with Section 422.55) of Part 1.\n(9) Information on the state mental hospital system and the state developmental center system.\n(10) Techniques in conducting forensic investigations within institutional settings where jurisdiction may be shared.\n(11) Examples of abuse and exploitation perpetrated by caregivers, staff, contractors, or administrators of state mental hospitals and state developmental centers, and how to conduct investigations in instances where a perpetrator may also be a caregiver or provider of therapeutic or other services.\n(c) The commission shall, in collaboration with relevant stakeholders, study and submit a report to the Legislature, on or before December 31, 2017, that assesses the status of the course described in subdivision (a), assesses whether the course covers all appropriate topics, and identifies areas where additional training may be needed.\nSEC. 2.\nSection 13519.2 of the Penal Code is amended to read:\n13519.2.\n(a) The commission shall, on or before July 1, 1990, include in the basic training course for law enforcement officers, adequate instruction in the handling of persons with developmental disabilities or mental illness, or both. Officers who complete the basic training prior to July 1, 1990, shall participate in supplementary training on this topic. This supplementary training shall be completed on or before July 1, 1992. Further training courses to update this instruction shall be established, as deemed necessary by the commission.\n(b) The course of instruction relating to the handling of developmentally disabled or mentally ill persons shall be developed by the commission in consultation with appropriate groups and individuals having an interest and expertise in this area. In addition to providing instruction on the handling of these persons, the course shall also include information on the cause and nature of developmental disabilities and mental illness, as well as the community resources available to serve these persons.\n(c) The commission shall, in collaboration with relevant stakeholders, study and submit a report to the Legislature, on or before December 31, 2017, that assesses the status of the course described in subdivision (a), assesses whether the course covers all appropriate topics, and identifies areas where additional training may be needed.\nSECTION 1.\nIt is the intent of the Legislature to enact legislation to increase the continuing mental health training standards for California peace officers.","title":""}
{"_id":"c313","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 47607 of the Education Code is amended to read:\n47607.\n(a) (1)\nA\nInitially, a\ncharter may be granted pursuant to Sections 47605, 47605.5, and 47606 for a period not to exceed five years. A charter granted by a school district governing board, a county board of education, or the state board may be granted one or more subsequent renewals by that entity. Each\nrenewal\nof the first two renewals\nshall be for a period of five years.\nSubsequent renewals shall be for a period requested by the charter school not to exceed 15 years.\nA material revision of the provisions of a charter petition may be made only with the approval of the authority that granted the charter. The authority that granted the charter may inspect or observe any part of the charter school at any time.\n(2) Renewals and material revisions of charters are governed by the standards and criteria in Section 47605, and shall include, but not be limited to, a reasonably comprehensive description of any new requirement of charter schools enacted into law after the charter was originally granted or last renewed.\n(3) (A) The authority that granted the charter shall consider increases in pupil academic achievement for all groups of pupils served by the charter school as the most important factor in determining whether to grant a charter renewal.\n(B) For purposes of this section, \u201call groups of pupils served by the charter school\u201d means a numerically significant pupil subgroup, as defined by paragraph (3) of subdivision (a) of Section 52052, served by the charter school.\n(b) Commencing on January 1, 2005, or after a charter school has been in operation for four years, whichever date occurs later, a charter school shall meet at least one of the following criteria before receiving a charter renewal pursuant to paragraph (1) of subdivision (a):\n(1) Attained its Academic Performance Index (API) growth target in the prior year or in two of the last three years both schoolwide and for all groups of pupils served by the charter school.\n(2) Ranked in deciles 4 to 10, inclusive, on the API in the prior year or in two of the last three years.\n(3) Ranked in deciles 4 to 10, inclusive, on the API for a demographically comparable school in the prior year or in two of the last three years.\n(4) (A) The\nentity\nauthority\nthat granted the charter determines that the academic performance of the charter school is at least equal to the academic performance of the public schools that the charter school pupils would otherwise have been required to attend, as well as the academic performance of the schools in the school district in which the charter school is located, taking into account the composition of the pupil population that is served at the charter school.\n(B) The determination made pursuant to this paragraph shall be based upon all of the following:\n(i) Documented and clear and convincing data.\n(ii) Pupil achievement data from assessments, including, but not limited to, the\nStandardized Testing and Reporting Program\npupil assessment program\nestablished by Article 4 (commencing with Section 60640) of Chapter 5 of Part 33 for demographically similar pupil populations in the comparison schools.\n(iii) Information submitted by the charter school.\n(C) A chartering authority shall submit to the Superintendent copies of supporting documentation and a written summary of the basis for any determination made pursuant to this paragraph. The Superintendent shall review the materials and make recommendations to the chartering authority based on that review. The review may be the basis for a recommendation made pursuant to Section 47604.5.\n(D) A charter renewal may not be granted to a charter school\nprior to\nbefore\n30 days after that charter school submits materials pursuant to this paragraph.\n(5) Qualified for an alternative accountability system pursuant to subdivision (h) of Section 52052.\n(c) (1) A charter may be revoked by the authority that granted the charter under this chapter if the authority finds, through a showing of substantial evidence, that the charter school did any of the following:\n(A) Committed a material violation of any of the conditions, standards, or procedures set forth in the charter.\n(B) Failed to meet or pursue any of the pupil outcomes identified in the charter.\n(C) Failed to meet generally accepted accounting principles, or engaged in fiscal mismanagement.\n(D) Violated any provision of law.\n(2) The authority that granted the charter shall consider increases in pupil academic achievement for all groups of pupils served by the charter school as the most important factor in determining whether to revoke a charter.\n(d) Before revocation, the authority that granted the charter shall notify the charter school of any violation of this section and give the\ncharter\nschool a reasonable opportunity to remedy the violation, unless the authority determines, in writing, that the violation constitutes a severe and imminent threat to the health or safety of the pupils.\n(e) Before revoking a charter for failure to remedy a violation pursuant to subdivision (d), and after expiration of the\ncharter\nschool\u2019s reasonable opportunity to remedy without successfully remedying the violation, the chartering authority shall provide a written notice of intent to revoke and notice of facts in support of revocation to the charter school. No later than 30 days after providing the notice of intent to revoke a charter, the chartering authority shall hold a public hearing, in the normal course of business, on the issue of whether evidence exists to revoke the charter. No later than 30 days after the public hearing, the chartering authority shall issue a final decision to revoke or decline to revoke the charter, unless the chartering authority and the charter school agree to extend the issuance of the decision by an additional 30 days. The chartering authority shall not revoke a charter, unless it makes written factual findings supported by substantial evidence, specific to the charter school, that support its findings.\n(f) (1) If a school district is the chartering authority and it revokes a charter pursuant to this section, the charter school may appeal the revocation to the county board of education within 30 days following the final decision of the chartering authority.\n(2) The county board of education may reverse the revocation decision if the county board of education determines that the findings made by the chartering authority under subdivision (e) are not supported by substantial evidence. The school district may appeal the reversal to the state board.\n(3) If the county board of education does not issue a decision on the appeal within 90 days of receipt, or the county board of education upholds the revocation, the charter school may appeal the revocation to the state board.\n(4) The state board may reverse the revocation decision if the state board determines that the findings made by the chartering authority under subdivision (e) are not supported by substantial evidence. The state board may uphold the revocation decision of the school district if the state board determines that the findings made by the chartering authority under subdivision (e) are supported by substantial evidence.\n(g) (1) If a county office of education is the chartering authority and the county board of education revokes a charter pursuant to this section, the charter school may appeal the revocation to the state board within 30 days following the decision of the chartering authority.\n(2) The state board may reverse the revocation decision if the state board determines that the findings made by the chartering authority under subdivision (e) are not supported by substantial evidence.\n(h) If the revocation decision of the chartering authority is reversed on appeal, the\nagency\nauthority\nthat granted the charter shall continue to be regarded as the chartering authority.\n(i) During the pendency of an appeal filed under this section, a charter school, whose revocation proceedings are based on subparagraph (A) or (B) of paragraph (1) of subdivision (c), shall continue to qualify as a charter school for funding and for all other purposes of this part, and may continue to hold all existing grants, resources, and facilities, in order to ensure that the education of pupils enrolled in the\ncharter\nschool is not disrupted.\n(j) Immediately following the decision of a county board of education to reverse a decision of a school district to revoke a charter, the following shall apply:\n(1) The charter school shall qualify as a charter school for funding and for all other purposes of this part.\n(2) The charter school may continue to hold all existing grants, resources, and facilities.\n(3) Any funding, grants, resources, and facilities that had been withheld from the charter school, or that the charter school had otherwise been deprived of use, as a result of the revocation of the charter shall be immediately reinstated or returned.\n(k) A final decision of a revocation or appeal of a revocation pursuant to subdivision (c) shall be reported to the chartering authority, the county board of education, and the department.\nSEC. 2.\nIf 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.","title":""}
{"_id":"c136","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 136.2 of the Penal Code is amended to read:\n136.2.\n(a) (1) Upon a good cause belief that harm to, or intimidation or dissuasion of, a victim or witness has occurred or is reasonably likely to occur, a court with jurisdiction over a criminal matter may issue orders, including, but not limited to, the following:\n(A) An order issued pursuant to Section 6320 of the Family Code.\n(B) An order that a defendant shall not violate any provision of Section 136.1.\n(C) An order that a person before the court other than a defendant, including, but not limited to, a subpoenaed witness or other person entering the courtroom of the court, shall not violate any provisions of Section 136.1.\n(D) An order that a person described in this section shall have no communication whatsoever with a specified witness or a victim, except through an attorney under reasonable restrictions that the court may impose.\n(E) An order calling for a hearing to determine if an order as described in subparagraphs (A) to (D), inclusive, should be issued.\n(F) (i) An order that a particular law enforcement agency within the jurisdiction of the court provide protection for a victim or a witness, or both, or for immediate family members of a victim or a witness who reside in the same household as the victim or witness or within reasonable proximity of the victim\u2019s or witness\u2019 household, as determined by the court. The order shall not be made without the consent of the law enforcement agency except for limited and specified periods of time and upon an express finding by the court of a clear and present danger of harm to the victim or witness or immediate family members of the victim or witness.\n(ii) For purposes of this paragraph, \u201cimmediate family members\u201d include the spouse, children, or parents of the victim or witness.\n(G) (i) An order protecting a victim or witness of violent crime from all contact by the defendant, or contact, with the intent to annoy, harass, threaten, or commit acts of violence, by the defendant. The court or its designee shall transmit orders made under this paragraph to law enforcement personnel within one business day of the issuance, modification, extension, or termination of the order, pursuant to subdivision (a) of Section 6380 of the Family Code. It is the responsibility of the court to transmit the modification, extension, or termination orders made under this paragraph to the same agency that entered the original protective order into the Domestic Violence Restraining Order System.\n(ii) (I) If a court does not issue an order pursuant to clause (i) in a case in which the defendant is charged with a crime involving domestic violence as defined in Section 13700 or in Section 6211 of the Family Code, the court on its own motion shall consider issuing a protective order upon a good cause belief that harm to, or intimidation or dissuasion of, a victim or witness has occurred or is reasonably likely to occur, that provides as follows:\n(ia) The defendant shall not own, possess, purchase, receive, or attempt to purchase or receive, a firearm while the protective order is in effect.\n(ib) The defendant shall relinquish any firearms that he or she owns or possesses pursuant to Section 527.9 of the Code of Civil Procedure.\n(II) Every person who owns, possesses, purchases, or receives, or attempts to purchase or receive, a firearm while this protective order is in effect is punishable pursuant to Section 29825.\n(iii) An order issued, modified, extended, or terminated by a court pursuant to this subparagraph shall be issued on forms adopted by the Judicial Council of California and that have been approved by the Department of Justice pursuant to subdivision (i) of Section 6380 of the Family Code. However, the fact that an order issued by a court pursuant to this section was not issued on forms adopted by the Judicial Council and approved by the Department of Justice shall not, in and of itself, make the order unenforceable.\n(iv) A protective order issued under this subparagraph may require the defendant to be placed on electronic monitoring if the local government, with the concurrence of the county sheriff or the chief probation officer with jurisdiction, adopts a policy to authorize electronic monitoring of defendants and specifies the agency with jurisdiction for this purpose. If the court determines that the defendant has the ability to pay for the monitoring program, the court shall order the defendant to pay for the monitoring. If the court determines that the defendant does not have the ability to pay for the electronic monitoring, the court may order electronic monitoring to be paid for by the local government that adopted the policy to authorize electronic monitoring. The duration of electronic monitoring shall not exceed one year from the date the order is issued. At no time shall the electronic monitoring be in place if the protective order is not in place.\n(2) For purposes of this subdivision, a minor who was not a victim of, but who was physically present at the time of, an act of domestic violence, is a witness and is deemed to have suffered harm within the meaning of paragraph (1).\n(b) A person violating an order made pursuant to subparagraphs (A) to (G), inclusive, of paragraph (1) of subdivision (a) may be punished for any substantive offense described in Section 136.1, or for a contempt of the court making the order. A finding of contempt shall not be a bar to prosecution for a violation of Section 136.1. However, a person so held in contempt shall be entitled to credit for punishment imposed therein against a sentence imposed upon conviction of an offense described in Section 136.1. A conviction or acquittal for a substantive offense under Section 136.1 shall be a bar to a subsequent punishment for contempt arising out of the same act.\n(c) (1) (A) Notwithstanding subdivision (e), an emergency protective order issued pursuant to Chapter 2 (commencing with Section 6250) of Part 3 of Division 10 of the Family Code or Section 646.91 shall have precedence in enforcement over any other restraining or protective order, provided the emergency protective order meets all of the following requirements:\n(i) The emergency protective order is issued to protect one or more individuals who are already protected persons under another restraining or protective order.\n(ii) The emergency protective order restrains the individual who is the restrained person in the other restraining or protective order specified in clause (i).\n(iii) The provisions of the emergency protective order are more restrictive in relation to the restrained person than are the provisions of the other restraining or protective order specified in clause (i).\n(B) An emergency protective order that meets the requirements of subparagraph (A) shall have precedence in enforcement over the provisions of any other restraining or protective order only with respect to those provisions of the emergency protective order that are more restrictive in relation to the restrained person.\n(2) Except as described in paragraph (1), a no-contact order, as described in Section 6320 of the Family Code, shall have precedence in enforcement over any other restraining or protective order.\n(d) (1) A person subject to a protective order issued under this section shall not own, possess, purchase, or receive, or attempt to purchase or receive, a firearm while the protective order is in effect.\n(2) The court shall order a person subject to a protective order issued under this section to relinquish any firearms he or she owns or possesses pursuant to Section 527.9 of the Code of Civil Procedure.\n(3) A person who owns, possesses, purchases, or receives, or attempts to purchase or receive, a firearm while the protective order is in effect is punishable pursuant to Section 29825.\n(e) (1) In all cases in which the defendant is charged with a crime involving domestic violence, as defined in Section 13700 or in Section 6211 of the Family Code, or a violation of Section 261, 261.5, or 262, or any crime that requires the defendant to register pursuant to subdivision (c) of Section 290, the court shall consider issuing the above-described orders on its own motion. All interested parties shall receive a copy of those orders. In order to facilitate this, the court\u2019s records of all criminal cases involving domestic violence or a violation of Section 261, 261.5, or 262, or any crime that requires the defendant to register pursuant to subdivision (c) of Section 290, shall be marked to clearly alert the court to this issue.\n(2) In those cases in which a complaint, information, or indictment charging a crime involving domestic violence, as defined in Section 13700 or in Section 6211 of the Family Code, or a violation of Section 261, 261.5, or 262, or any crime that requires the defendant to register pursuant to subdivision (c) of Section 290, has been issued, except as described in subdivision (c), a restraining order or protective order against the defendant issued by the criminal court in that case has precedence in enforcement over a civil court order against the defendant.\n(3) Custody and visitation with respect to the defendant and his or her minor children may be ordered by a family or juvenile court consistent with the protocol established pursuant to subdivision (f), but if ordered after a criminal protective order has been issued pursuant to this section, the custody and visitation order shall make reference to, and, if there is not an emergency protective order that has precedence in enforcement pursuant to paragraph (1) of subdivision (c), or a no-contact order, as described in Section 6320 of the Family Code, acknowledge the precedence of enforcement of, an appropriate criminal protective order. On or before July 1, 2014, the Judicial Council shall modify the criminal and civil court forms consistent with this subdivision.\n(f) On or before January 1, 2003, the Judicial Council shall promulgate a protocol, for adoption by each local court in substantially similar terms, to provide for the timely coordination of all orders against the same defendant and in favor of the same named victim or victims. The protocol shall include, but shall not be limited to, mechanisms for ensuring appropriate communication and information sharing between criminal, family, and juvenile courts concerning orders and cases that involve the same parties, and shall permit a family or juvenile court order to coexist with a criminal court protective order subject to the following conditions:\n(1) An order that permits contact between the restrained person and his or her children shall provide for the safe exchange of the children and shall not contain language either printed or handwritten that violates a \u201cno-contact order\u201d issued by a criminal court.\n(2) Safety of all parties shall be the courts\u2019 paramount concern. The family or juvenile court shall specify the time, day, place, and manner of transfer of the child, as provided in Section 3100 of the Family Code.\n(g) On or before January 1, 2003, the Judicial Council shall modify the criminal and civil court protective order forms consistent with this section.\n(h) (1) In any case in which a complaint, information, or indictment charging a crime involving domestic violence, as defined in Section 13700 or in Section 6211 of the Family Code, has been filed, the court may consider, in determining whether good cause exists to issue an order under subparagraph (A) of paragraph (1) of subdivision (a), the underlying nature of the offense charged, and the information provided to the court pursuant to Section 273.75.\n(2) In any case in which a complaint, information, or indictment charging a violation of Section 261, 261.5, or 262, or any crime that requires the defendant to register pursuant to subdivision (c) of Section 290, has been filed, the court may consider, in determining whether good cause exists to issue an order under paragraph (1) of subdivision (a), the underlying nature of the offense charged, the defendant\u2019s relationship to the victim, the likelihood of continuing harm to the victim, any current restraining order or protective order issued by any civil or criminal court involving the defendant, and the defendant\u2019s criminal history, including, but not limited to, prior convictions for a violation of Section 261, 261.5, or 262, a crime that requires the defendant to register pursuant to subdivision (c) of Section 290, any other forms of violence, or any weapons offense.\n(i) (1) In all cases in which a criminal defendant has been convicted of a crime involving domestic violence as defined in Section 13700 or in Section 6211 of the Family Code, a violation of Section 261, 261.5, or 262, or any crime that requires the defendant to register pursuant to subdivision (c) of Section 290, the court, at the time of sentencing, shall consider issuing an order restraining the defendant from any contact with the victim. The order may be valid for up to 10 years, as determined by the court. This protective order may be issued by the court regardless of whether the defendant is sentenced to the state prison or a county jail or subject to mandatory supervision, or whether imposition of sentence is suspended and the defendant is placed on probation. It is the intent of the Legislature in enacting this subdivision that the duration of any restraining order issued by the court be based upon the seriousness of the facts before the court, the probability of future violations, and the safety of the victim and his or her immediate family.\n(2) An order under this subdivision may include provisions for electronic monitoring if the local government, upon receiving the concurrence of the county sheriff or the chief probation officer with jurisdiction, adopts a policy authorizing electronic monitoring of defendants and specifies the agency with jurisdiction for this purpose. If the court determines that the defendant has the ability to pay for the monitoring program, the court shall order the defendant to pay for the monitoring. If the court determines that the defendant does not have the ability to pay for the electronic monitoring, the court may order the electronic monitoring to be paid for by the local government that adopted the policy authorizing electronic monitoring. The duration of the electronic monitoring shall not exceed one year from the date the order is issued.\n(j) For purposes of this section, \u201clocal government\u201d means the county that has jurisdiction over the protective order.","title":""}
{"_id":"c214","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 20583 of the Revenue and Taxation Code is amended to read:\n20583.\n(a) \u201cResidential dwelling\u201d means a dwelling occupied as the principal place of residence of the claimant and so much of the land surrounding it as is reasonably necessary for use of the dwelling as a home, owned by the claimant, the claimant and spouse, or by the claimant and either another individual eligible for postponement under this chapter or an individual described in subdivision (a), (b), or (c) of Section 20511 and located in this state. It shall include condominiums that are assessed as realty for local property tax purposes. It also includes part of a multidwelling or multipurpose building and a part of the land upon which it is built.\n(b) As used in this chapter in reference to ownership interests in residential dwellings, \u201cowned\u201d includes (1) the interest of a vendee in possession under a land sale contract provided that the contract or memorandum thereof is recorded and only from the date of recordation of the contract or memorandum thereof in the office of the county recorder where the residential dwelling is located, (2) the interest of the holder of a life estate provided that the instrument creating the life estate is recorded and only from the date of recordation of the instrument creating the life estate in the office of the county recorder where the residential dwelling is located, but \u201cowned\u201d does not include the interest of the holder of any remainder interest or the holder of a reversionary interest in the residential dwelling, (3) the interest of a joint tenant or a tenant in common in the residential dwelling or the interest of a tenant where title is held in tenancy by the entirety or a community property interest where title is held as community property, and (4) the interest, including the interest of a beneficiary of a special needs trust, in the residential dwelling in which the title is held in trust, as described in subdivision (d) of Section 62, provided that the Controller determines that the state\u2019s interest is adequately protected.\n(c) Except as provided in subdivision (c), and Chapter 3 (commencing with Section 20625), ownership must be evidenced by an instrument duly recorded in the office of the county where the residential dwelling is located.\n(d) \u201cResidential dwelling\u201d does not include any of the following:\n(1) Any residential dwelling in which the owners do not have an equity of at least 40 percent of the full value of the property as determined for purposes of property taxation or at least 40 percent of the fair market value as determined by the Controller and where the Controller determines that the state\u2019s interest is adequately protected. The 40-percent equity requirement shall be met each time the claimant or authorized agent files a postponement claim.\n(2) Any residential dwelling in which the claimant\u2019s interest is held pursuant to a contract of sale or under a life estate, unless the claimant obtains the written consent of the vendor under the contract of sale, or the holder of the reversionary interest upon termination of the life estate, for the postponement of taxes and the creation of a lien on the real property in favor of the state for amounts postponed pursuant to this act.\n(3) Any residential dwelling on which the claimant does not receive a secured tax bill.\n(4) Any residential dwelling in which the claimant\u2019s interest is held as a possessory interest, except as provided in Chapter 3.5 (commencing with Section 20640).\nSEC. 1.5.\nSection 20583 of the Revenue and Taxation Code is amended to read:\n20583.\n(a) \u201cResidential dwelling\u201d means a dwelling occupied as the principal place of residence of the claimant and so much of the land surrounding it as is reasonably necessary for use of the dwelling as a home, owned by the claimant, the claimant and spouse, or by the claimant and either another individual eligible for postponement under this chapter or an individual described in subdivision (a), (b), or (c) of Section 20511 and located in this state. It shall include condominiums that are assessed as realty for local property tax purposes. It also includes part of a multidwelling or multipurpose building and a part of the land upon which it is built.\n(b) As used in this chapter in reference to ownership interests in residential dwellings, \u201cowned\u201d includes (1) the interest of a vendee in possession under a land sale contract provided that the contract or memorandum thereof is recorded and only from the date of recordation of the contract or memorandum thereof in the office of the county recorder where the residential dwelling is located, (2) the interest of the holder of a life estate provided that the instrument creating the life estate is recorded and only from the date of recordation of the instrument creating the life estate in the office of the county recorder where the residential dwelling is located, but \u201cowned\u201d does not include the interest of the holder of any remainder interest or the holder of a reversionary interest in the residential dwelling, (3) the interest of a joint tenant or a tenant in common in the residential dwelling or the interest of a tenant where title is held in tenancy by the entirety or a community property interest where title is held as community property, and (4) the interest, including the interest of a beneficiary of a special needs trust, in the residential dwelling in which the title is held in trust, as described in subdivision (d) of Section 62, provided that the Controller determines that the state\u2019s interest is adequately protected.\n(c) Except as provided in subdivision (c), and Chapter 3 (commencing with Section 20625), ownership must be evidenced by an instrument duly recorded in the office of the county where the residential dwelling is located.\n(d) \u201cResidential dwelling\u201d does not include any of the following:\n(1) Any residential dwelling in which the owners do not have an equity of at least 40 percent of the full value of the property as determined for purposes of property taxation or at least 40 percent of the fair market value as determined by the Controller and where the Controller determines that the state\u2019s interest is adequately protected. The 40-percent equity requirement shall be met each time the claimant or authorized agent files a postponement claim.\n(2) Any residential dwelling in which the claimant\u2019s interest is held pursuant to a contract of sale or under a life estate, unless the claimant obtains the written consent of the vendor under the contract of sale, or the holder of the reversionary interest upon termination of the life estate, for the postponement of taxes and the creation of a lien on the real property in favor of the state for amounts postponed pursuant to this act.\n(3) Any residential dwelling on which the claimant does not receive a secured tax bill.\n(4) Any residential dwelling in which the claimant\u2019s interest is held as a possessory interest, except as provided in Chapter 3.5 (commencing with Section 20640).\n(5) Any residential dwelling that is subject to a Property Assessed Clean Energy bond, or PACE bond, as defined in Section 26054 of the Public Resources Code.\nSEC. 2.\nSection 1.5 of this bill incorporates amendments to Section 20583 of the Revenue and Taxation Code proposed by both this bill and Assembly Bill 1952. 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 20583 of the Revenue and Taxation Code, and (3) this bill is enacted after Assembly Bill 1952, in which case Section 1 of this bill shall not become operative.\nSEC. 3.\nNo reimbursement is required by this act pursuant to Section 6 of Article XIII\u2009B 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\u2009B of the California Constitution.","title":""}
{"_id":"c281","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 32280 of the Education Code is amended to read:\n32280.\nIt is the intent of the Legislature that all California public schools teaching kindergarten or any of grades 1 to 12, inclusive, operated by a school district, in cooperation with local law enforcement agencies, community leaders, parents, pupils, teachers, administrators, coaches, and other persons who may be interested in the prevention of campus crime and violence and the health and safety of the campus community, to develop a comprehensive school safety plan that addresses the safety concerns identified through a systematic planning process. For the purposes of this section, law enforcement agencies include local police departments, county sheriffs\u2019 offices, school district police or security departments, probation departments, and district attorneys\u2019 offices. For purposes of this section, a \u201csafety plan\u201d means a plan to develop strategies aimed at the prevention of, response to, and education about, potential incidents involving crime, violence, or medical emergency on the school campus, including sanctioned activities before and after school.\nSEC. 2.\nSection 32281 of the Education Code is amended to read:\n32281.\n(a) Each school district and county office of education is responsible for the overall development of all comprehensive school safety plans for its schools operating kindergarten or any of grades 1 to 12,\ninclusive.\ninclusive, including sanctioned activities before and after school.\n(b) (1) Except as provided in subdivision (d) with regard to a small school district, the schoolsite council established pursuant to former Section 52012, as it existed before July 1, 2005, or Section 52852 shall write and develop a comprehensive school safety plan relevant to the needs and resources of that particular school.\n(2) The schoolsite council may delegate this responsibility to a school safety planning committee made up of the following members:\n(A) The principal or the principal\u2019s designee.\n(B) One teacher who is a representative of the recognized certificated employee organization.\n(C) One parent whose child attends the school.\n(D) One classified employee who is a representative of the recognized classified employee organization.\n(E) One coach of the school, if the school has a coach.\n(F) Other members, if desired.\n(3) The schoolsite council shall consult with a representative from a law enforcement agency in the writing and development of the comprehensive school safety plan.\n(4) In the absence of a schoolsite council, the members specified in paragraph (2) shall serve as the school safety planning committee.\n(c) Nothing in this article shall limit or take away the authority of school boards as guaranteed under this code.\n(d) (1) Subdivision (b) shall not apply to a small school district, as defined in paragraph (2), if the small school district develops a districtwide comprehensive school safety plan that is applicable to each schoolsite.\n(2) As used in this article, \u201csmall school district\u201d means a school district that has fewer than 2,501 units of average daily attendance at the beginning of each fiscal year.\n(e) (1) When a principal or his or her designee verifies through local law enforcement officials that a report has been filed of the occurrence of a violent crime on the schoolsite of an elementary or secondary school at which he or she is the principal, the principal or the principal\u2019s designee may send to each pupil\u2019s parent or legal guardian and each school employee a written notice of the occurrence and general nat incidents may be developed by administrators of the school district or county office of education in consultation with law enforcement officials and with a representative of an exclusive bargaining unit of employees of that school district or county office of education, if he or she chooses to participate. The school district or county office of education may elect not to disclose those portions of the comprehensive school safety plan that include tactical responses to criminal incidents.\n(2) As used in this article, \u201ctactical responses to criminal incidents\u201d means steps taken to safeguard pupils and staff, to secure the affected school premises, and to apprehend the criminal perpetrator or perpetrators.\n(3) Nothing in this subdivision precludes the governing board of a school district or county office of education from conferring in a closed session with law enforcement officials pursuant to Section 54957 of the Government Code to approve a tactical response plan developed in consultation with those officials pursuant to this subdivision. Any vote to approve the tactical response plan shall be announced in open session following the closed session.\n(4) Nothing in this subdivision shall be construed to reduce or eliminate the requirements of Section 32282.\nSEC. 3.\nSection 32282 of the Education Code is amended to read:\n32282.\n(a) The comprehensive school safety plan shall include, but not be limited to, both of the following:\n(1) Assessing the current status of school crime committed on school campuses and at school-related functions.\n(2) Identifying appropriate strategies and programs that will provide or maintain a high level of school safety and address the school\u2019s procedures for complying with existing laws related to school safety, which shall include the development of all of the following:\n(A) Child abuse reporting procedures consistent with Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code.\n(B) Disaster procedures, routine and emergency, including adaptations for pupils with disabilities in accordance with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.). The disaster procedures shall also include, but not be limited to, both of the following:\n(i) Establishing an earthquake emergency procedure system in every public school building having an occupant capacity of 50 or more pupils or more than one classroom. A school district or county office of education may work with the Office of Emergency Services and the Alfred E. Alquist Seismic Safety Commission to develop and establish the earthquake emergency procedure system. The system shall include, but not be limited to, all of the following:\n(I) A school building disaster plan, ready for implementation at any time, for maintaining the safety and care of pupils and staff.\n(II) A drop procedure whereby each pupil and staff member takes cover under a table or desk, dropping to his or her knees, with the head protected by the arms, and the back to the windows. A drop procedure practice shall be held at least once each school quarter in elementary schools and at least once a semester in secondary schools.\n(III) Protective measures to be taken before, during, and following an earthquake.\n(IV) A program to ensure that pupils and both the certificated and classified staff are aware of, and properly trained in, the earthquake emergency procedure system.\n(ii) Establishing a procedure to allow a public agency, including the American Red Cross, to use school buildings, grounds, and equipment for mass care and welfare shelters during disasters or other emergencies affecting the public health and welfare. The school district or county office of education shall cooperate with the public agency in furnishing and maintaining the services as the school district or county office of education may deem necessary to meet the needs of the community.\n(C) Policies pursuant to subdivision (d) of Section 48915 for pupils who committed an act listed in subdivision (c) of Section 48915 and other school-designated serious acts that would lead to suspension, expulsion, or mandatory expulsion recommendations pursuant to Article 1 (commencing with Section 48900) of Chapter 6 of Part 27 of Division 4 of Title 2.\n(D) Procedures to notify teachers of dangerous pupils pursuant to Section 49079.\n(E) A discrimination and harassment policy consistent with the prohibition against discrimination contained in Chapter 2 (commencing with Section 200) of Part 1.\n(F) The provisions of any schoolwide dress code, pursuant to Section 35183, that prohibits pupils from wearing \u201cgang-related apparel,\u201d if the school has adopted that type of a dress code. For those purposes, the comprehensive school safety plan shall define \u201cgang-related apparel.\u201d The definition shall be limited to apparel that, if worn or displayed on a school campus, reasonably could be determined to threaten the health and safety of the school environment. A schoolwide dress code established pursuant to this section and Section 35183 shall be enforced on the school campus and at any school-sponsored activity by the principal of the school or the person designated by the principal. For purposes of this paragraph, \u201cgang-related apparel\u201d shall not be considered a protected form of speech pursuant to Section 48950.\n(G) Procedures for safe ingress and egress of pupils, parents, and school employees to and from school.\n(H) A safe and orderly environment conducive to learning at the school.\n(I) The rules and procedures on school discipline adopted pursuant to Sections 35291 and 35291.5.\n(J) Any other strategies aimed at the prevention of, response to, and education about, potential incidents involving crime, violence, or medical emergency on the school\ncampus, including sanctioned activities before and after school.\ncampus.\n(b) It is the intent of the Legislature that schools develop comprehensive school safety plans using existing resources, including the materials and services of the partnership, pursuant to this chapter. It is also the intent of the Legislature that schools use the handbook developed and distributed by the School\/Law Enforcement Partnership Program entitled \u201cSafe Schools: A Planning Guide for Action\u201d in conjunction with developing their plan for school safety.\n(c) Each schoolsite council or school safety planning committee, in developing and updating a comprehensive school safety plan, shall, where practical, consult, cooperate, and coordinate with other schoolsite councils or school safety planning committees.\n(d) The comprehensive school safety plan may be evaluated and amended, as needed, by the school safety planning committee, but shall be evaluated at least once a year, to ensure that the comprehensive school safety plan is properly implemented. An updated file of all safety-related plans and materials shall be readily available for inspection by the public.\n(e) As comprehensive school safety plans are reviewed and updated, the Legislature encourages all plans, to the extent that resources are available, to include policies and procedures aimed at the prevention of bullying.\n(f) The comprehensive school safety plan, as written and updated by the schoolsite council or school safety planning committee, shall be submitted for approval pursuant to subdivision (a) of Section 32288.\nSEC. 4.\nIf 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.","title":""}
{"_id":"c106","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 1197.5 of the Labor Code is amended to read:\n1197.5.\n(a) An employer shall not pay any of its employees at wage rates less than the rates paid to employees of the opposite sex for substantially similar work, when viewed as a composite of skill, effort, and responsibility, and performed under similar working conditions, except where the employer demonstrates:\n(1) The wage differential is based upon one or more of the following factors:\n(A) A seniority system.\n(B) A merit system.\n(C) A system that measures earnings by quantity or quality of production.\n(D) A bona fide factor other than sex, such as education, training, or experience. This factor shall apply only if the employer demonstrates that the factor is not based on or derived from a sex-based differential in compensation, is job related with respect to the position in question, and is consistent with a business necessity. For purposes of this subparagraph, \u201cbusiness necessity\u201d means an overriding legitimate business purpose such that the factor relied upon effectively fulfills the business purpose it is supposed to serve. This defense shall not apply if the employee demonstrates that an alternative business practice exists that would serve the same business purpose without producing the wage differential.\n(2) Each factor relied upon is applied reasonably.\n(3) The one or more factors relied upon account for the entire wage differential.\n(b) An employer shall not pay any of its employees at wage rates less than the rates paid to employees of another race or ethnicity for substantially similar work, when viewed as a composite of skill, effort, and responsibility, and performed under similar working conditions, except where the employer demonstrates:\n(1) The wage differential is based upon one or more of the following factors:\n(A) A seniority system.\n(B) A merit system.\n(C) A system that measures earnings by quantity or quality of production.\n(D) A bona fide factor other than race or ethnicity, such as education, training, or experience. This factor shall apply only if the employer demonstrates that the factor is not based on or derived from a race- or ethnicity-based differential in compensation, is job related with respect to the position in question, and is consistent with a business necessity. For purposes of this subparagraph, \u201cbusiness necessity\u201d means an overriding legitimate business purpose such that the factor relied upon effectively fulfills the business purpose it is supposed to serve. This defense shall not apply if the employee demonstrates that an alternative business practice exists that would serve the same business purpose without producing the wage differential.\n(2) Each factor relied upon is applied reasonably.\n(3) The one or more factors relied upon account for the entire wage differential.\n(c) Any employer who violates subdivision (a) or (b) is liable to the employee affected in the amount of the wages, and interest thereon, of which the employee is deprived by reason of the violation, and an additional equal amount as liquidated damages.\n(d) The Division of Labor Standards Enforcement shall administer and enforce this section. If the division finds that an employer has violated this section, it may supervise the payment of wages and interest found to be due and unpaid to employees under subdivision (a) or (b). Acceptance of payment in full made by an employer and approved by the division shall constitute a waiver on the part of the employee of the employee\u2019s cause of action under subdivision (h).\n(e) Every employer shall maintain records of the wages and wage rates, job classifications, and other terms and conditions of employment of the persons employed by the employer. All of the records shall be kept on file for a period of three years.\n(f) Any employee may file a complaint with the division that the wages paid are less than the wages to which the employee is entitled under subdivision (a) or (b) or that the employer is in violation of subdivision (k). The complaint shall be investigated as provided in subdivision (b) of Section 98.7. The division shall keep confidential the name of any employee who submits to the division a complaint regarding an alleged violation of subdivision (a), (b), or (k) until the division establishes the validity of the complaint, unless the division must abridge confidentiality to investigate the complaint. The name of the complaining employee shall remain confidential if the complaint is withdrawn before the confidentiality is abridged by the division. The division shall take all proceedings necessary to enforce the payment of any sums found to be due and unpaid to these employees.\n(g) The department or division may commence and prosecute, unless otherwise requested by the employee or affected group of employees, a civil action on behalf of the employee and on behalf of a similarly affected group of employees to recover unpaid wages and liquidated damages under subdivision (a) or (b), and in addition shall be entitled to recover costs of suit. The consent of any employee to the bringing of any action shall constitute a waiver on the part of the employee of the employee\u2019s cause of action under subdivision (h) unless the action is dismissed without prejudice by the department or the division, except that the employee may intervene in the suit or may initiate independent action if the suit has not been determined within 180 days from the date of the filing of the complaint.\n(h) An employee receiving less than the wage to which the employee is entitled under this section may recover in a civil action the balance of the wages, including interest thereon, and an equal amount as liquidated damages, together with the costs of the suit and reasonable attorney\u2019s fees, notwithstanding any agreement to work for a lesser wage.\n(i) A civil action to recover wages under subdivision (a) or (b) may be commenced no later than two years after the cause of action occurs, except that a cause of action arising out of a willful violation may be commenced no later than three years after the cause of action occurs.\n(j) If an employee recovers amounts due the employee under subdivision (c), and also files a complaint or brings an action under subdivision (d) of Section 206 of Title 29 of the United States Code which results in an additional recovery under federal law for the same violation, the employee shall return to the employer the amounts recovered under subdivision (c), or the amounts recovered under federal law, whichever is less.\n(k) (1) An employer shall not discharge, or in any manner discriminate or retaliate against, any employee by reason of any action taken by the employee to invoke or assist in any manner the enforcement of this section. An employer shall not prohibit an employee from disclosing the employee\u2019s own wages, discussing the wages of others, inquiring about another employee\u2019s wages, or aiding or encouraging any other employee to exercise his or her rights under this section. Nothing in this section creates an obligation to disclose wages.\n(2) Any employee who has been discharged, discriminated or retaliated against, in the terms and conditions of his or her employment because the employee engaged in any conduct delineated in this section may recover in a civil action reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer, including interest thereon, as well as appropriate equitable relief.\n(3) A civil action brought under this subdivision may be commenced no later than one year after the cause of action occurs.\nSEC. 1.5.\nSection 1197.5 of the Labor Code is amended to read:\n1197.5.\n(a) An employer shall not pay any of its employees at wage rates less than the rates paid to employees of the opposite sex for substantially similar work, when viewed as a composite of skill, effort, and responsibility, and performed under similar working conditions, except where the employer demonstrates:\n(1) The wage differential is based upon one or more of the following factors:\n(A) A seniority system.\n(B) A merit system.\n(C) A system that measures earnings by quantity or quality of production.\n(D) A bona fide factor other than sex, such as education, training, or experience. This factor shall apply only if the employer demonstrates that the factor is not based on or derived from a sex-based differential in compensation, is job related with respect to the position in question, and is consistent with a business necessity. For purposes of this subparagraph, \u201cbusiness necessity\u201d means an overriding legitimate business purpose such that the factor relied upon effectively fulfills the business purpose it is supposed to serve. This defense shall not apply if the employee demonstrates that an alternative business practice exists that would serve the same business purpose without producing the wage differential.\n(2) Each factor relied upon is applied reasonably.\n(3) The one or more factors relied upon account for the entire wage differential. Prior salary shall not, by itself, justify any disparity in compensation.\n(b) An employer shall not pay any of its employees at wage rates less than the rates paid to employees of another race or ethnicity for substantially similar work, when viewed as a composite of skill, effort, and responsibility, and performed under similar working conditions, except where the employer demonstrates:\n(1) The wage differential is based upon one or more of the following factors:\n(A) A seniority system.\n(B) A merit system.\n(C) A system that measures earnings by quantity or quality of production.\n(D) A bona fide factor other than race or ethnicity, such as education, training, or experience. This factor shall apply only if the employer demonstrates that the factor is not based on or derived from a race- or ethnicity-based differential in compensation, is job related with respect to the position in question, and is consistent with a business necessity. For purposes of this subparagraph, \u201cbusiness necessity\u201d means an overriding legitimate business purpose such that the factor relied upon effectively fulfills the business purpose it is supposed to serve. This defense shall not apply if the employee demonstrates that an alternative business practice exists that would serve the same business purpose without producing the wage differential.\n(2) Each factor relied upon is applied reasonably.\n(3) The one or more factors relied upon account for the entire wage differential. Prior salary shall not, by itself, justify any disparity in compensation.\n(c) Any employer who violates subdivision (a) or (b) is liable to the employee affected in the amount of the wages, and interest thereon, of which the employee is deprived by reason of the violation, and an additional equal amount as liquidated damages.\n(d) The Division of Labor Standards Enforcement shall administer and enforce this section. If the division finds that an employer has violated this section, it may supervise the payment of wages and interest found to be due and unpaid to employees under subdivision (a) or (b). Acceptance of payment in full made by an employer and approved by the division shall constitute a waiver on the part of the employee of the employee\u2019s cause of action under subdivision (h).\n(e) Every employer shall maintain records of the wages and wage rates, job classifications, and other terms and conditions of employment of the persons employed by the employer. All of the records shall be kept on file for a period of three years.\n(f) Any employee may file a complaint with the division that the wages paid are less than the wages to which the employee is entitled under subdivision (a) or (b) or that the employer is in violation of subdivision (k). The complaint shall be investigated as provided in subdivision (b) of Section 98.7. The division shall keep confidential the name of any employee who submits to the division a complaint regarding an alleged violation of subdivision (a), (b), or (k) until the division establishes the validity of the complaint, unless the division must abridge confidentiality to investigate the complaint. The name of the complaining employee shall remain confidential if the complaint is withdrawn before the confidentiality is abridged by the division. The division shall take all proceedings necessary to enforce the payment of any sums found to be due and unpaid to these employees.\n(g) The department or division may commence and prosecute, unless otherwise requested by the employee or affected group of employees, a civil action on behalf of the employee and on behalf of a similarly affected group of employees to recover unpaid wages and liquidated damages under subdivision (a) or (b), and in addition shall be entitled to recover costs of suit. The consent of any employee to the bringing of any action shall constitute a waiver on the part of the employee of the employee\u2019s cause of action under subdivision (h) unless the action is dismissed without prejudice by the department or the division, except that the employee may intervene in the suit or may initiate independent action if the suit has not been determined within 180 days from the date of the filing of the complaint.\n(h) An employee receiving less than the wage to which the employee is entitled under this section may recover in a civil action the balance of the wages, including interest thereon, and an equal amount as liquidated damages, together with the costs of the suit and reasonable attorney\u2019s fees, notwithstanding any agreement to work for a lesser wage.\n(i) A civil action to recover wages under subdivision (a) or (b) may be commenced no later than two years after the cause of action occurs, except that a cause of action arising out of a willful violation may be commenced no later than three years after the cause of action occurs.\n(j) If an employee recovers amounts due the employee under subdivision (c), and also files a complaint or brings an action under subdivision (d) of Section 206 of Title 29 of the United States Code which results in an additional recovery under federal law for the same violation, the employee shall return to the employer the amounts recovered under subdivision (c), or the amounts recovered under federal law, whichever is less.\n(k) (1) An employer shall not discharge, or in any manner discriminate or retaliate against, any employee by reason of any action taken by the employee to invoke or assist in any manner the enforcement of this section. An employer shall not prohibit an employee from disclosing the employee\u2019s own wages, discussing the wages of others, inquiring about another employee\u2019s wages, or aiding or encouraging any other employee to exercise his or her rights under this section. Nothing in this section creates an obligation to disclose wages.\n(2) Any employee who has been discharged, discriminated or retaliated against, in the terms and conditions of his or her employment because the employee engaged in any conduct delineated in this section may recover in a civil action reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer, including interest thereon, as well as appropriate equitable relief.\n(3) A civil action brought under this subdivision may be commenced no later than one year after the cause of action occurs.\nSEC. 2.\nSection 1199.5 of the Labor Code is amended to read:\n1199.5.\nEvery employer or other person acting either individually or as an officer, agent, or employee of another person is guilty of a misdemeanor and is punishable by a fine of not more than ten thousand dollars ($10,000), or by imprisonment for not more than six months, or by both, who willfully does any of the following:\n(a) Pays or causes to be paid any employee a wage less than the rate paid to an employee of another sex, race, or ethnicity, as required by Section 1197.5.\n(b) Reduces the wages of any employee in order to comply with Section 1197.5.\nNo person shall be imprisoned pursuant to this section except for an offense committed after the conviction of the person for a prior offense pursuant to this section.\nSEC. 3.\nSection 1.5 of this bill incorporates amendments to Section 1197.5 of the Labor Code proposed by both this bill and Assembly Bill 1676. 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 1197.5 of the Labor Code, and (3) this bill is enacted after Assembly Bill 1676, in which case Section 1 of this bill shall not become operative.\nSEC. 4.\nNo reimbursement is required by this act pursuant to Section 6 of Article XIII\u2009B 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\u2009B of the California Constitution.","title":""}
{"_id":"c98","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 11549.3 of the Government Code is amended to read:\n11549.3.\n(a) The chief shall establish an information security program. The program responsibilities include, but are not limited to, all of the following:\n(1) The creation, updating, and publishing of information security and privacy policies, standards, and procedures for state agencies in the State Administrative Manual.\n(2) The creation, issuance, and maintenance of policies, standards, and procedures directing state agencies to effectively manage security and risk for both of the following:\n(A) Information technology, which includes, but is not limited to, all electronic technology systems and services, automated information handling, system design and analysis, conversion of data, computer programming, information storage and retrieval, telecommunications, requisite system controls, simulation, electronic commerce, and all related interactions between people and machines.\n(B) Information that is identified as mission critical, confidential, sensitive, or personal, as defined and published by the office.\n(3) The creation, issuance, and maintenance of policies, standards, and procedures directing state agencies for the collection, tracking, and reporting of information regarding security and privacy incidents.\n(4) The creation, issuance, and maintenance of policies, standards, and procedures directing state agencies in the development, maintenance, testing, and filing of each state agency\u2019s disaster recovery plan.\n(5) Coordination of the activities of state agency information security officers, for purposes of integrating statewide security initiatives and ensuring compliance with information security and privacy policies and standards.\n(6) Promotion and enhancement of the state agencies\u2019 risk management and privacy programs through education, awareness, collaboration, and consultation.\n(7) Representing the state before the federal government, other state agencies, local government entities, and private industry on issues that have statewide impact on information security and privacy.\n(b) All state entities defined in Section 11546.1 shall implement the policies and procedures issued by the office, including, but not limited to, performing both of the following duties:\n(1) Comply with the information security and privacy policies, standards, and procedures issued pursuant to this chapter by the office.\n(2) Comply with filing requirements and incident notification by providing timely information and reports as required by the office.\n(c) (1) The office may conduct, or require to be conducted, an independent security assessment of every state agency, department, or office. The cost of the independent security assessment shall be funded by the state agency, department, or office being assessed.\n(2) In addition to the independent security assessments authorized by paragraph (1), the office, in consultation with the Office of Emergency Services, shall perform all the following duties:\n(A) Annually require no fewer than thirty-five (35) state entities to perform an independent security assessment, the cost of which shall be funded by the state agency, department, or office being assessed.\n(B) Determine criteria and rank state entities based on an information security risk index that may include, but not be limited to, analysis of the relative amount of the following factors within state agencies:\n(i) Personally identifiable information protected by law.\n(ii) Health information protected by law.\n(iii) Confidential financial data.\n(iv) Self-certification of compliance and indicators of unreported noncompliance with security provisions in the following areas:\n(I) Information asset management.\n(II) Risk management.\n(III) Information security program management.\n(IV) Information security incident management.\n(V) Technology recovery planning.\n(C) Determine the basic standards of services to be performed as part of independent security assessments required by this subdivision.\n(3) The Military Department may perform an independent security assessment of any state agency, department, or office, the cost of which shall be funded by the state agency, department, or office being assessed.\n(d) State agencies and entities required to conduct or receive an independent security assessment pursuant to subdivision (c) shall transmit the complete results of that assessment and recommendations for mitigating system vulnerabilities, if any, to the office and the Office of Emergency Services.\n(e) The office shall report to the Department of Technology and the Office of Emergency Services any state entity found to be noncompliant with information security program requirements.\n(f)  (1) Notwithstanding any other law, during the process of conducting an independent security assessment pursuant to subdivision (c), information and records concerning the independent security assessment are confidential and shall not be disclosed, except that the information and records may be transmitted to state employees and state contractors who have been approved as necessary to receive the information and records to perform that independent security assessment, subsequent remediation activity, or monitoring of remediation activity.\n(2) The results of a completed independent security assessment performed pursuant to subdivision (c), and any related information shall be subject to all disclosure and confidentiality provisions pursuant to any state law, including, but not limited to, the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1), including, but not limited to, Section 6254.19.\n(g) The office may conduct or require to be conducted an audit of information security to ensure program compliance, the cost of which shall be funded by the state agency, department, or office being audited.\n(h) The office shall notify the Office of Emergency Services, Department of the California Highway Patrol, and the Department of Justice regarding any criminal or alleged criminal cyber activity affecting any state entity or critical infrastructure of state government.\nSEC. 2.\nThe Legislature finds and declares that Section 1 of this act, which amends Section 11549.3 of the Government Code, imposes a limitation on the public\u2019s 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:\nThe state has a very strong interest in protecting its information technology systems from intrusion, because those systems contain confidential information and play a critical role in the performance of the duties of state government. Thus, information regarding the specific vulnerabilities of those systems must be protected to preclude use of that information to facilitate attacks on those systems.","title":""}
{"_id":"c114","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 12098.7 of the Government Code is repealed.\nSEC. 2.\nSection 12098.7 is added to the Government Code, to read:\n12098.7.\nNotwithstanding any other law, effective June 30, 2014, the Economic Adjustment Assistance Grant funded through the United States Economic Development Administration under Title IX of the Public Works and Economic Development Act of 1965 (Grant No. 07-19-02709 and 07-19-2709.01) shall be transferred to the Valley Economic Development Center, Inc. The State of California is the dismissed grantee and the Valley Economic Development Center, Inc., shall be the successor grantee. All responsibilities and authorities associated with these funds shall be transferred from the Governor\u2019s Office of Business and Economic Development to the Valley Economic Development Center, Inc., pursuant to the terms and conditions agreed to by all parties, including the United States Economic Development Administration, the Governor\u2019s Office of Business and Economic Development, and the Valley Economic Development Center, Inc., pursuant to the Offer and Acceptance of Award Amendment For Transfer of Award entered into by the parties on June 17, 2014.\nSEC. 3.\nSection 63010 of the Government Code is amended to read:\n63010.\nFor purposes of this division, the following words and terms shall have the following meanings unless the context clearly indicates or requires another or different meaning or intent:\n(a) \u201cAct\u201d means the Bergeson-Peace Infrastructure and Economic Development Bank Act.\n(b) \u201cBank\u201d means the California Infrastructure and Economic Development Bank.\n(c) \u201cBoard\u201d or \u201cbank board\u201d means the Board of Directors of the California Infrastructure and Economic Development Bank.\n(d) \u201cBond purchase agreement\u201d means a contractual agreement executed between the bank and a sponsor, or a special purpose trust authorized by the bank or a sponsor, or both, whereby the bank or special purpose trust authorized by the bank agrees to purchase bonds of the sponsor for retention or sale.\n(e) \u201cBonds\u201d means bonds, including structured, senior, and subordinated bonds or other securities; loans; notes, including bond, revenue, tax, or grant anticipation notes; commercial paper; floating rate and variable maturity securities; and any other evidences of indebtedness or ownership, including certificates of participation or beneficial interest, asset backed certificates, or lease-purchase or installment purchase agreements, whether taxable or excludable from gross income for federal income taxation purposes.\n(f) \u201cCost,\u201d as applied to a project or portion thereof financed under this division, means all or any part of the cost of construction, renovation, and acquisition of all lands, structures, real or personal property, rights, rights-of-way, franchises, licenses, easements, and interests acquired or used for a project; the cost of demolishing or removing any buildings or structures on land so acquired, including the cost of acquiring any lands to which the buildings or structures may be moved; the cost of all machinery, equipment, and financing charges; interest prior to, during, and for a period after completion of construction, renovation, or acquisition, as determined by the bank; provisions for working capital; reserves for principal and interest and for extensions, enlargements, additions, replacements, renovations, and improvements; and the cost of architectural, engineering, financial and legal services, plans, specifications, estimates, administrative expenses, and other expenses necessary or incidental to determining the feasibility of any project or incidental to the construction, acquisition, or financing of any project, and transition costs in the case of an electrical corporation.\n(g) \u201cEconomic development facilities\u201d means real and personal property, structures, buildings, equipment, and supporting components thereof that are used to provide industrial, recreational, research, commercial, utility, goods movement, or service enterprise facilities, community, educational, cultural, or social welfare facilities and any parts or combinations thereof, and all facilities or infrastructure necessary or desirable in connection therewith, including provision for working capital, but shall not include any housing.\n(h) \u201cElectrical corporation\u201d has the meaning set forth in Section 218 of the Public Utilities Code.\n(i) \u201cExecutive director\u201d means the Executive Director of the California Infrastructure and Economic Development Bank appointed pursuant to Section 63021.\n(j) \u201cFinancial assistance\u201d in connection with a project, includes, but is not limited to, any combination of grants, loans, the proceeds of bonds issued by the bank or special purpose trust, insurance, guarantees or other credit enhancements or liquidity facilities, and contributions of money, property, labor, or other things of value, as may be approved by resolution of the board or the sponsor, or both; the purchase or retention of bank bonds, the bonds of a sponsor for their retention or for sale by the bank, or the issuance of bank bonds or the bonds of a special purpose trust used to fund the cost of a project for which a sponsor is directly or indirectly liable, including, but not limited to, bonds, the security for which is provided in whole or in part pursuant to the powers granted by Section 63025.1; bonds for which the bank has provided a guarantee or enhancement, including, but not limited to, the purchase of the subordinated bonds of the sponsor, the subordinated bonds of a special purpose trust, or the retention of the subordinated bonds of the bank pursuant to Chapter 4 (commencing with Section 63060); or any other type of assistance deemed appropriate by the bank or the sponsor, except that no direct loans shall be made to nonpublic entities other than in connection with the issuance of rate reduction bonds pursuant to a financing order or in connection with a financing for an economic development facility.\nFor purposes of this subdivision, \u201cgrant\u201d does not include grants made by the bank except when acting as an agent or intermediary for the distribution or packaging of financing available from federal, private, or other public sources.\n(k) \u201cFinancing order\u201d has the meaning set forth in Section 840 of the Public Utilities Code.\n(l) \u201cGuarantee trust fund\u201d means the California Infrastructure Guarantee Trust Fund.\n(m) \u201cInfrastructure bank fund\u201d means the California Infrastructure and Economic Development Bank Fund.\n(n) \u201cLoan agreement\u201d means a contractual agreement executed between the bank or a special purpose trust and a sponsor that provides that the bank or special purpose trust will loan funds to the sponsor and that the sponsor will repay the principal and pay the interest and redemption premium, if any, on the loan.\n(o) \u201cParticipating party\u201d means any person, company, corporation, association, state, or municipal governmental entity, partnership, firm, or other entity or group of entities, whether organized for profit or not for profit, engaged in business or operations within the state and that applies for financing from the bank in conjunction with a sponsor for the purpose of implementing a project. However, in the case of a project relating to the financing of transition costs or the acquisition of transition property, or both, on the request of an electrical corporation, or in connection with financing for an economic development facility, or for the financing of insurance claims, the participating party shall be deemed to be the same entity as the sponsor for the financing.\n(p) \u201cProject\u201d means designing, acquiring, planning, permitting, entitling, constructing, improving, extending, restoring, financing, and generally developing public development facilities or economic development facilities within the state or financing transition costs or the acquisition of transition property, or both, upon approval of a financing order by the Public Utilities Commission, as provided in Article 5.5 (commencing with Section 840) of Chapter 4 of Part 1 of Division 1 of the Public Utilities Code.\n(q) \u201cPublic development facilities\u201d means real and personal property, structures, conveyances, equipment, thoroughfares, buildings, and supporting components thereof, excluding any housing, that are directly related to providing the following:\n(1) \u201cCity streets\u201d including any street, avenue, boulevard, road, parkway, drive, or other way that is any of the following:\n(A) An existing municipal roadway.\n(B) Is shown upon a plat approved pursuant to law and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, bridges, shoulders, gutters, curbs, guardrails, sidewalks, parking areas, benches, fountains, plantings, lighting systems, and other areas within the street lines, as well as equipment and facilities used in the cleaning, grading, clearance, maintenance, and upkeep thereof.\n(2) \u201cCounty highways\u201d including any county highway as defined in Section 25 of the Streets and Highways Code, that includes the land between the highway lines, whether improved or unimproved, and may comprise pavement, bridges, shoulders, gutters, curbs, guardrails, sidewalks, parking areas, benches, fountains, plantings, lighting systems, and other areas within the street lines, as well as equipment and facilities used in the cleaning, grading, clearance, maintenance, and upkeep thereof.\n(3) \u201cDrainage, water supply, and flood control\u201d including, but not limited to, ditches, canals, levees, pumps, dams, conduits, pipes, storm sewers, and dikes necessary to keep or direct water away from people, equipment, buildings, and other protected areas as may be established by lawful authority, as well as the acquisition, improvement, maintenance, and management of floodplain areas and all equipment used in the maintenance and operation of the foregoing.\n(4) \u201cEducational facilities\u201d including libraries, child care facilities, including, but not limited to, day care facilities, and employment training facilities.\n(5) \u201cEnvironmental mitigation measures\u201d including required construction or modification of public infrastructure and purchase and installation of pollution control and noise abatement equipment.\n(6) \u201cParks and recreational facilities\u201d including local parks, recreational property and equipment, parkways, and property.\n(7) \u201cPort facilities\u201d including airports, landports, waterports, railports, docks, harbors, ports of entry, piers, ships, small boat harbors and marinas, and any other facilities, additions, or improvements in connection therewith, that transport goods or persons.\n(8) \u201cPower and communications\u201d including facilities for the transmission or distribution of electrical energy, natural gas, and telephone and telecommunications service.\n(9) \u201cPublic transit\u201d including air and rail transport, airports, guideways, vehicles, rights-of-way, passenger stations, maintenance and storage yards, and related structures, including public parking facilities, and equipment used to provide or enhance transportation by bus, rail, ferry, or other conveyance, either publicly or privately owned, that provides to the public general or special service on a regular and continuing basis.\n(10) \u201cSewage collection and treatment\u201d including pipes, pumps, and conduits that collect wastewater from residential, manufacturing, and commercial establishments, the equipment, structures, and facilities used in treating wastewater to reduce or eliminate impurities or contaminants, and the facilities used in disposing of, or transporting, remaining sludge, as well as all equipment used in the maintenance and operation of the foregoing.\n(11) \u201cSolid waste collection and disposal\u201d including vehicles, vehicle-compatible waste receptacles, transfer stations, recycling centers, sanitary landfills, and waste conversion facilities necessary to remove solid waste, except that which is hazardous as defined by law, from its point of origin.\n(12) \u201cWater treatment and distribution\u201d including facilities in which water is purified and otherwise treated to meet residential, manufacturing, or commercial purposes and the conduits, pipes, and pumps that transport it to places of use.\n(13) \u201cDefense conversion\u201d including, but not limited to, facilities necessary for successfully converting military bases consistent with an adopted base reuse plan.\n(14) \u201cPublic safety facilities\u201d including, but not limited to, police stations, fire stations, court buildings, jails, juvenile halls, and juvenile detention facilities.\n(15) \u201cState highways\u201d including any state highway as described in Chapter 2 (commencing with Section 230) of Division 1 of the Streets and Highways Code, and the related components necessary for safe operation of the highway.\n(16) (A) \u201cMilitary infrastructure,\u201d including, but not limited to, facilities on or near a military installation, that enhance the military operations and mission of one or more military installations in this state. To be eligible for funding, the project shall be endorsed by the Office of Planning and Research.\n(B) For purposes of this subdivision, \u201cmilitary installation\u201d means any facility under the jurisdiction of the Department of Defense, as defined in paragraph (1) of subsection (e) of Section 2687 of Title 10 of the United States Code.\n(17) \u201cGoods movement-related infrastructure\u201d including port facilities, roads, rail, and other facilities and projects that move goods, energy, and information.\n(r) \u201cRate reduction bonds\u201d has the meaning set forth in Section 840 of the Public Utilities Code.\n(s) \u201cRevenues\u201d means all receipts, purchase payments, loan repayments, lease payments, and all other income or receipts derived by the bank or a sponsor from the sale, lease, or other financing arrangement undertaken by the bank, a sponsor, or a participating party, including, but not limited to, all receipts from a bond purchase agreement, and any income or revenue derived from the investment of any money in any fund or account of the bank or a sponsor and any receipts derived from transition property. Revenues shall not include moneys in the General Fund of the state.\n(t) \u201cSpecial purpose trust\u201d means a trust, partnership, limited partnership, association, corporation, nonprofit corporation, or other entity authorized under the laws of the state to serve as an instrumentality of the state to accomplish public purposes and authorized by the bank to acquire, by purchase or otherwise, for retention or sale, the bonds of a sponsor or of the bank made or entered into pursuant to this division and to issue special purpose trust bonds or other obligations secured by these bonds or other sources of public or private revenues. Special purpose trust also means any entity authorized by the bank to acquire transition property or to issue rate reduction bonds, or both, subject to the approvals by the bank and powers of the bank as are provided by the bank in its resolution authorizing the entity to issue rate reduction bonds.\n(u) \u201cSponsor\u201d means any subdivision of the state or local government including departments, agencies, commissions, cities, counties, nonprofit corporations formed on behalf of a sponsor, special districts, assessment districts, and joint powers authorities within the state or any combination of these subdivisions that makes an application to the bank for financial assistance in connection with a project in a manner prescribed by the bank. This definition shall not be construed to require that an applicant have an ownership interest in the project. In addition, an electrical corporation shall be deemed to be the sponsor as well as the participating party for any project relating to the financing of transition costs and the acquisition of transition property on the request of the electrical corporation and any person, company, corporation, partnership, firm, or other entity or group engaged in business or operation within the state that applies for financing of any economic development facility, shall be deemed to be the sponsor as well as the participating party for the project relating to the financing of that economic development facility.\n(v) \u201cState\u201d means the State of California.\n(w) \u201cTransition costs\u201d has the meaning set forth in Section 840 of the Public Utilities Code.\n(x) \u201cTransition property\u201d has the meaning set forth in Section 840 of the Public Utilities Code.","title":""}
{"_id":"c314","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 480 of the Revenue and Taxation Code, as amended by Section 6 of Chapter 454 of the Statutes of 2015, is amended to read:\n480.\n(a) Whenever there occurs any change in ownership of real property, a manufactured home, or a floating home that is subject to local property taxation and is assessed by the county assessor, the transferee shall file a signed change in ownership statement in the county where the real property, manufactured home, or floating home is located, as provided for in subdivision (c). In the case of a change in ownership where the transferee is not locally assessed, no change in ownership statement is required.\n(b) The personal representative shall file a change in ownership statement with the county recorder or assessor in each county in which the decedent owned real property at the time of death that is subject to probate proceedings. The statement shall be filed\nprior to or at the time the inventory and appraisal is filed with the court clerk.\nwithin four months after the date letters testamentary or letters of administration are first issued to a personal representative with general powers.\nIn all other cases in which an interest in real property is transferred by reason of death, including a transfer through the medium of a trust, the change in ownership statement or statements shall be filed by the trustee (if the property was held in trust) or the transferee with the county recorder or assessor in each county in which the decedent owned an interest in real property within 150 days after the date of death.\n(c) Except as provided in subdivision (d), the change in ownership statement as required pursuant to subdivision (a) shall be declared to be true under penalty of perjury and shall give that information relative to the real property, manufactured home, or floating home acquisition transaction as the board shall prescribe after consultation with the California Assessors\u2019 Association. The information shall include, but not be limited to, a description of the property, the parties to the transaction, the date of acquisition, the amount, if any, of the consideration paid for the property, whether paid in money or otherwise, and the terms of the transaction. The change in ownership statement shall not include any question that is not germane to the assessment function. The statement shall contain a notice informing the transferee of the property tax relief available under Section 69.5. The statement shall contain a notice that is printed, with the title in at least 12-point boldface type and the body in at least 8-point boldface type, in the following form:\n\n\n\u201cImportant\nNotice\u201d\nNotice\n\n\n\u201cThe\nThe\nlaw requires any transferee acquiring an interest in real property, manufactured home, or floating home subject to local property taxation, and that is assessed by the county assessor, to file a change in ownership statement with the county recorder or assessor. The change in ownership statement must be filed at the time of recording or, if the transfer is not recorded, within 90 days of the date of the change in ownership, except that where the change in ownership has occurred by reason of death the statement shall be filed within 150 days after the date of death or, if the estate is probated,\nshall be filed at the time the inventory and appraisal is filed.\nwithin four months after the date letters testamentary or letters of administration are first issued to a personal representative with general powers.\nThe failure to file a change in ownership statement within 90 days from the date a written request is mailed by the assessor results in a penalty of either: (1) one hundred dollars ($100), or (2) 10 percent of the taxes applicable to the new base year value reflecting the change in ownership of the real property, manufactured home, or floating home, whichever is greater, but not to exceed five thousand dollars ($5,000) if the property is eligible for the homeowners\u2019 exemption or twenty thousand dollars ($20,000) if the property is not eligible for the homeowners\u2019 exemption if that failure to file was not willful. This penalty will be added to the assessment roll and shall be collected like any other delinquent property taxes, and be subject to the same penalties for nonpayment.\u201d\n\n\n(d) The change in ownership statement may be attached to or accompany the deed or other document evidencing a change in ownership filed for recording, in which case the notice, declaration under penalty of perjury, and any information contained in the deed or other transfer document otherwise required by subdivision (c) may be omitted.\n(e) If the document evidencing a change in ownership is recorded in the county recorder\u2019s office, then the statement shall be filed with the recorder at the time of recordation. However, the recordation of the deed or other document evidencing a change in ownership shall not be denied or delayed because of the failure to file a change of ownership statement, or filing of an incomplete statement, in accordance with this subdivision. If the document evidencing a change in ownership is not recorded or is recorded without the concurrent filing of a change in ownership statement, then the statement shall be filed with the assessor no later than 90 days from the date the change in ownership occurs, except that where the change in ownership has occurred by reason of death the statement shall be filed within 150 days after the date of death or, if the estate is probated,\nshall be filed at the time the inventory and appraisal is filed.\nwithin four months after the date letters testamentary or letters of administration are first issued to a personal representative with general powers.\n(f) Whenever a change in ownership statement is filed with the county recorder\u2019s office, the recorder shall transmit, as soon as possible, the original statement or a true copy thereof to the assessor along with a copy of every recorded document as required by Section 255.7.\n(g) (1) The change in ownership statement may be filed with the assessor through the United States mail, properly addressed with the postage prepaid.\n(2) A change in ownership statement that is filed with the assessor, as authorized by paragraph (1), shall be deemed filed on either the date of the postmark affixed by the United States Postal Service containing the statement or on the date certified by a bona fide private courier service on the envelope containing the statement.\n(h) In the case of a corporation, the change in ownership statement shall be signed either by an officer of the corporation or an employee or agent who has been designated in writing by the board of directors to sign those statements on behalf of the corporation. In the case of a partnership, limited liability company, or other legal entity, the statement shall be signed by an officer, partner, manager, or an employee or agent who has been designated in writing by the partnership, limited liability company, or legal entity.\n(i) No person or entity acting for or on behalf of the parties to a transfer of real property shall incur liability for the consequences of assistance rendered to the transferee in preparation of any change in ownership statement, and no action may be brought or maintained against any person or entity as a result of that assistance.\nNothing in this section shall create a duty, either directly or by implication, that the assistance be rendered by any person or entity acting for or on behalf of parties to a transfer of real property.\nSECTION 1.\nSection 480 of the\nRevenue and Taxation Code\nis amended to read:\n480.\n(a)Whenever there occurs any change in ownership of real property or of a manufactured home that is subject to local property taxation and is assessed by the county assessor, the transferee shall file a signed change in ownership statement in the county where the real property or manufactured home is located, as provided for in subdivision (c). In the case of a change in ownership where the transferee is not locally assessed, no change in ownership statement is required.\n(b)The personal representative shall file a change in ownership statement with the county recorder or assessor in each county in which the decedent owned real property at the time of death that is subject to probate proceedings. The statement shall be filed within 150 days after the date of death. In all other cases in which an interest in real property is transferred by reason of death, including a transfer through the medium of a trust, the change in ownership statement or statements shall be filed by the trustee (if the property was held in trust) or the transferee with the county recorder or assessor in each county in which the decedent owned an interest in real property within 150 days after the date of death.\n(c)Except as provided in subdivision (d), the change in ownership statement as required pursuant to subdivision (a) shall be declared to be true under penalty of perjury and shall give that information relative to the real property or manufactured home acquisition transaction as the board shall prescribe after consultation with the California Assessors\u2019 Association. The information shall include, but not be limited to, a description of the property, the parties to the transaction, the date of acquisition, the amount, if any, of the consideration paid for the property, whether paid in money or otherwise, and the terms of the transaction. The change in ownership statement shall not include any question that is not germane to the assessment function. The statement shall contain a notice informing the transferee of the property tax relief available under Section 69.5. The statement shall contain a notice that is printed, with the title in at least 12-point boldface type and the body in at least 8-point boldface type, in the following form:\n\n\n\u201cImportant Notice\u201d\n\n\n\u201cThe law requires any transferee acquiring an interest in real property or manufactured home subject to local property taxation, and that is assessed by the county assessor, to file a change in ownership statement with the county recorder or assessor. The change in ownership statement must be filed at the time of recording or, if the transfer is not recorded, within 90 days of the date of the change in ownership, except that where the change in ownership has occurred by reason of death the statement shall be filed within 150 days after the date of death. The failure to file a change in ownership statement within 90 days from the date a written request is mailed by the assessor results in a penalty of either: (1) one hundred dollars ($100), or (2) 10 percent of the taxes applicable to the new base year value reflecting the change in ownership of the real property or manufactured home, whichever is greater, but not to exceed five thousand dollars ($5,000) if the property is eligible for the homeowners\u2019 exemption or twenty thousand dollars ($20,000) if the property is not eligible for the homeowners\u2019 exemption if that failure to file was not willful. This penalty will be added to the assessment roll and shall be collected like any other delinquent property taxes, and be subject to the same penalties for nonpayment.\u201d\n\n\n(d)The change in ownership statement may be attached to or accompany the deed or other document evidencing a change in ownership filed for recording, in which case the notice, declaration under penalty of perjury, and any information contained in the deed or other transfer document otherwise required by subdivision (c) may be omitted.\n(e)If the document evidencing a change in ownership is recorded in the county recorder\u2019s office, then the statement shall be filed with the recorder at the time of recordation. However, the recordation of the deed or other document evidencing a change in ownership shall not be denied or delayed because of the failure to file a change of ownership statement, or filing of an incomplete statement, in accordance with this subdivision. If the document evidencing a change in ownership is not recorded or is recorded without the concurrent filing of a change in ownership statement, then the statement shall be filed with the assessor no later than 90 days from the date the change in ownership occurs, except that where the change in ownership has occurred by reason of death the statement shall be filed within 150 days after the date of death.\n(f)Whenever a change in ownership statement is filed with the county recorder\u2019s office, the recorder shall transmit, as soon as possible, the original statement or a true copy thereof to the assessor along with a copy of every recorded document as required by Section 255.7.\n(g)(1)The change in ownership statement may be filed with the assessor through the United States mail, properly addressed with the postage prepaid.\n(2)A change in ownership statement that is filed with the assessor, as authorized by paragraph (1), shall be deemed filed on either the date of the postmark affixed by the United States Postal Service containing the statement or on the date certified by a bona fide private courier service on the envelope containing the statement.\n(h)In the case of a corporation, the change in ownership statement shall be signed either by an officer of the corporation or an employee or agent who has been designated in writing by the board of directors to sign those statements on behalf of the corporation. In the case of a partnership, limited liability company, or other legal entity, the statement shall be signed by an officer, partner, manager, or an employee or agent who has been designated in writing by the partnership, limited liability company, or legal entity.\n(i)No person or entity acting for or on behalf of the parties to a transfer of real property shall incur liability for the consequences of assistance rendered to the transferee in preparation of any change in ownership statement, and no action may be brought or maintained against any person or entity as a result of that assistance.\nNothing in this section shall create a duty, either directly or by implication, that the assistance be rendered by any person or entity acting for or on behalf of parties to a transfer of real property.","title":""}
{"_id":"c271","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 30315 of the Public Resources Code is amended to read:\n30315.\n(a) The commission shall meet at least 11 times annually at a place convenient to the public. Each meeting shall occur not more than 45 days after the previous meeting. All meetings of the commission shall be open to the public.\n(b) A majority of the total appointed membership of the commission shall constitute a quorum. An action taken by the commission under this division requires a majority vote of the members present at the meeting of the commission, with a quorum being present, unless otherwise specifically provided for in this division.\n(c) Commencing on or before July 1, 2017, the commission also shall provide\nfor\npublic\naccess to\nparticipation at\nall commission meetings via telephone and\nvideo conferencing.\nthe Internet. Participation\nshall include real\n-time testimony during public comment.\nSEC. 2.\nSection 30321 of the Public Resources Code is amended to read:\n30321.\n(a) For purposes of this article, \u201ca matter within the commission\u2019s jurisdiction\u201d means any permit action, federal consistency review, appeal, local coastal program, port master plan, public works plan, long-range development plan, categorical or other exclusions from coastal development permit requirements, or any other quasi-judicial matter requiring commission action, for which an application has been submitted to the commission.\n(b) Commission staff shall include in the executive summary section of a staff report\na list of\nreferences to any materials submitted for the public record that are determined not to relate to a matter within the commission\u2019s jurisdiction, including information about how to locate copies of those\nmaterials.\nmaterials in an addendum. The addendum shall include instructions regarding the use of the information contained in these communications as a basis or influencing factor upon their decision\n.\nSEC. 3.\nSection 30322 of the Public Resources Code is amended to read:\n30322.\n(a) For purposes of this article, except as provided in subdivision (b), an \u201cex parte communication\u201d is any oral or written communication between a member of the commission and an interested person, about a matter within the commission\u2019s jurisdiction, which does not occur in a public hearing, workshop, or other official proceeding, or on the official record of the proceeding on the matter.\n(b) The following communications are not ex parte communications:\n(1) Any communication between a staff member acting in his or her official capacity and any commission member or interested person.\n(2) Any communication limited entirely to procedural issues, including, but not limited to, the hearing schedule, location, format, or filing date.\n(3) Any communication which takes place on the record during an official proceeding of a state, regional, or local agency that involves a member of the commission who also serves as an official of that agency.\n(4) Any communication between a member of the commission, with regard to any action of another state agency or of a regional or local agency of which the member is an official, and any other official or employee of that agency, including any person who is acting as an attorney for the agency.\n(5) Any communication between a nonvoting commission member and a staff member of a state agency where both the commission member and the staff member are acting in an official capacity.\n(6) Any communication to a nonvoting commission member relating to an action pending before the commission, where the nonvoting commission member does not participate in that action, either through written or verbal communication, on or off the record, with other members of the commission.\n(7) Any communication conducted by a commission member while acting in his or her capacity as a local government official and prior to the time the matter to which the communication applies was pending before the commission.\nThis paragraph shall not be construed to mean that any other commissioner has conducted an ex parte communication on a matter if the communication occurred before the matter was pending before the commission.\n(8) Any project site visit conducted pursuant to subdivision (b) of Section 30324.\nSEC. 4.\nSection 30324 of the Public Resources Code is amended to read:\n30324.\n(a) No commission member, nor any interested person, shall intentionally conduct either of the following:\n(1) An ex parte communication on a matter within the commission\u2019s jurisdiction, as defined by Section 30321.\n(2) An oral or written communication regarding a pending enforcement investigation that does not occur in a public hearing, workshop, or other official proceeding, or on the official record of the proceeding on the matter.\n(b) Notwithstanding subdivision (a), commission members and commission staff may conduct a project site visit if the proposed site visit is approved by a majority vote of the commission and with the permission of the property owner. A description of the site visit shall be a part of the public record of the matter to which the project site pertains and any communications conducted during the site visit shall be limited to those between commission members and staff.\n(c) (1) If a commission member, or any interested person, conducts a communication that is in violation of subdivision (a), the commission member shall fully disclose and make public the communication by providing a full report of the communication to the executive director within seven days after the communication or, if the communication occurs within seven days of the next commission hearing, to the commission in writing to be included on the record of the proceeding at that hearing.\n(2) Notwithstanding Section 30327, if a commission member conducts a communication that is in violation of subdivision (a), he or she shall not vote on or otherwise participate in any commission proceeding to which the communication applies.\n(d) (1) The commission shall adopt standard disclosure forms for reporting communications that are in violation of subdivision (a), which shall include, but not be limited to, all of the following information:\n(A) The date, time, and location of the communication.\n(B) (i) The identity of the person or persons initiating and the person or persons receiving the communication.\n(ii) The identity of the person on whose behalf the communication was made.\n(iii) The identity of all persons present during the communication.\n(C) A complete, comprehensive description of the content of the communication, including a complete set of all text and graphic material that was part of the communication.\n(2) The executive director shall place in the public record any report made pursuant to this section.\nSEC. 5\nSection 30327.2 is added to the Public Resources Code, to read:\n30327.2.\n(a) The commission shall adopt, at a duly noticed public hearing, a\nboard\npolicy that prohibits a commission member or alternate from using or attempting to use his or her official position to place undue influence, as defined by Section 1575 of the Civil Code, on commission\nstaff.\nstaff, including, but not limited to, the contents of staff reports.\n(b) This section shall not be construed to prohibit a commissioner or alternate from communicating with, or providing information to, commission staff members about matters before the commission.\n(c) A commission member or alternate who willfully violates subdivision (a) is forever disqualified from holding any position at the commission.\n(d) This section is intended to protect the public interest by ensuring that commission members and alternates do not unduly influence the contents of a staff report, analysis, or recommendation.","title":""}
{"_id":"c486","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nThis act shall be known and may be cited as the Direct Access to Reproductive Health Care Act.\nSEC. 2.\n(a) The Legislature hereby finds and declares all of the following:\n(1) For many women, reproductive health care may be the only contact they have with the health care system.\n(2) According to the Guttmacher Institute, one-half of all pregnancies in the United States each year, more than three million pregnancies, are unintended. By 45 years of age, more than one-half of all women in the United States will have experienced an unintended pregnancy, and 3 in 10 will have had an abortion.\n(3) The inability to access comprehensive reproductive health care in a timely manner can lead to negative health outcomes, including increased risk for unintended pregnancy, sexually transmitted diseases, and delayed care for critical and time-sensitive reproductive health services.\n(4) Providing timely access to comprehensive reproductive health services is cost effective.\n(5) California has a long history of, and commitment to, expanding access to services that aim to reduce the risk of unintended pregnancies, improve reproductive and sexual health outcomes, and reduce costs.\n(6) Recognizing the importance of timely access to comprehensive reproductive and sexual health care services, the Legislature and the United States Congress passed measures to enable women to access care provided by an obstetrician and gynecologist without a referral. Despite these advances, there are wide variances in health benefit plans regarding referral requirements for reproductive and sexual health care services, and women across the state are obtaining these vital services from other licensed provider types, including family practice physicians, nurse practitioners, physician assistants, and certified nurse-midwives.\n(b) It is hereby the intent of the Legislature in enacting this act to build on current state and federal law to increase timely, equal, and direct access to time-sensitive and comprehensive reproductive and sexual health care services for enrollees in health care service plans or insureds under health insurance policies by prohibiting health care service plans or insurers from requiring an enrollee or insured to secure a referral from a primary care provider prior to receiving in-network reproductive and sexual health care services.\nSEC. 3.\nSection 1367.31 is added to the Health and Safety Code, to read:\n1367.31.\n(a) Every health care service plan contract issued, amended, renewed, or delivered on or after January 1, 2017, shall be prohibited from requiring an enrollee to receive a referral prior to receiving coverage or services for reproductive and sexual health care.\n(b) (1) For the purposes of this section, \u201creproductive and sexual health care services\u201d are all reproductive and sexual health services described in Sections 6925, 6926, 6927, and 6928 of the Family Code, or Section 121020 of the Health and Safety Code, obtained by a patient.\n(2) For the purposes of this section, \u201creproductive and sexual health care services\u201d do not include the services subject to a health care service plan\u2019s referral procedures as required by subdivisions (a) and (b) of Section 1374.16.\n(3) This section applies whether or not the patient is a minor.\n(c) In implementing this section, a health care service plan may establish reasonable provisions governing utilization protocols for obtaining reproductive and sexual health care services, as provided for in subdivision (a), from health care providers participating in, or contracting with, the plan network, medical group, or independent practice association, provided that these provisions shall be consistent with the intent of this section and shall be those customarily applied to other health care providers, such as primary care physicians and surgeons, to whom the enrollee has direct access, and shall not be more restrictive for the provision of reproductive and sexual health care services. An enrollee shall not be required to obtain prior approval from another physician, another provider, or the health care service plan prior to obtaining direct access to reproductive and sexual health care services. A health care service plan may establish reasonable provisions governing communication with the enrollee\u2019s primary care physician and surgeon regarding the enrollee\u2019s condition, treatment, and any need for followup care.\n(d) This section shall not apply to a health care service plan contract that does not require enrollees to obtain a referral from their primary care physician prior to seeking covered health care services from a specialist.\n(e) A health care service plan shall not impose utilization protocols related to contraceptive drugs, supplies, and devices beyond the provisions outlined in Section 1367.25 of this code or Section 14132 of the Welfare and Institutions Code.\n(f) This section shall not apply to specialized health care service plan contracts or any health care service plan that is governed by Section 14131 of the Welfare and Institutions Code.\nSEC. 4.\nSection 10123.202 is added to the Insurance Code, to read:\n10123.202.\n(a) Every health insurance policy issued, amended, renewed, or delivered on or after January 1, 2017, excluding specialized health insurance policies, shall be prohibited from requiring an insured to receive a referral prior to receiving coverage or services for reproductive and sexual health care.\n(b) (1) For the purposes of this section, \u201creproductive and sexual health care services\u201d are all reproductive and sexual health services described in Sections 6925, 6926, 6927, and 6928 of the Family Code, or Section 121020 of the Health and Safety Code, obtained by a patient.\n(2) This section applies whether or not the patient is a minor.\n(c) In implementing this section, a health insurer may establish reasonable provisions governing utilization protocols for obtaining reproductive and sexual health care services, as provided for in subdivision (a), provided that these provisions shall be consistent with the intent of this section and shall be those customarily applied to other health care providers, such as primary care physicians and surgeons, to whom the insured has direct access, and shall not be more restrictive for the provision of reproductive and sexual health care services. An insured shall not be required to obtain prior approval from another physician, another provider, or the insurer prior to obtaining direct access to reproductive and sexual health care services. An insurer may establish reasonable provisions governing communication with the insured\u2019s primary care physician and surgeon regarding the insured\u2019s condition, treatment, and any need for followup care.\n(d) This section shall not apply to a health insurance policy that does not require insureds to obtain a referral from their primary care physician prior to seeking covered health care services from a specialist.\n(e)  A health insurer shall not impose utilization protocols related to contraceptive drugs, supplies, and devices beyond the provisions outlined in Section 10123.196.\n(f) This section shall not apply to specialized health insurance, Medicare supplement insurance, short-term limited duration health insurance, CHAMPUS supplement insurance, or TRICARE supplement insurance, or to hospital indemnity, accident-only, or specified disease insurance.\nSEC. 5.\nNo reimbursement is required by this act pursuant to Section 6 of Article XIII\u2009B 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\u2009B of the California Constitution.","title":""}
{"_id":"c203","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 1947.8 of the Civil Code is amended to read:\n1947.8.\n(a) If an ordinance or charter controls or establishes a system of controls on the price at which residential rental units may be offered for rent or lease and requires the registration of rents, the ordinance or charter, or any regulation adopted pursuant thereto, shall provide for the establishment and certification of permissible rent levels for the registered rental units, and any changes thereafter to those rent levels, by the local agency as provided in this section.\n(b) If the ordinance, charter, or regulation is in effect on January 1, 1987, the ordinance, charter, or regulation shall provide for the establishment and certification of permissible rent levels on or before January 1, 1988, including completion of all appeals and administrative proceedings connected therewith. After July 1, 1990, no local agency may maintain any action to recover excess rent against any property owner who has registered the unit with the local agency within the time limits set forth in this section if the initial certification of permissible rent levels affecting that particular property has not been completed, unless the delay is willfully and intentionally caused by the property owner or is a result of court proceedings or further administrative proceedings ordered by a court. If the ordinance, charter, or regulation is adopted on or after January 1, 1987, the ordinance, charter, or regulation shall provide for the establishment and certification of permissible rent levels within one year after it is adopted, including completion of all appeals and administrative proceedings connected therewith. Upon the request of the landlord or the tenant, the local agency shall provide the landlord and the tenant with a certificate or other documentation reflecting the permissible rent levels of the rental unit. A landlord may request a certificate of permissible rent levels for rental units which have a base rent established, but which are vacant and not exempt from registration under this section. The landlord or the tenant may appeal the determination of the permissible rent levels reflected in the certificate. The permissible rent levels reflected in the certificate or other documentation shall, in the absence of intentional misrepresentation or fraud, be binding and conclusive upon the local agency unless the determination of the permissible rent levels is being appealed.\n(c) After the establishment and certification of permissible rent levels under subdivision (b), the local agency shall, upon the request of the landlord or the tenant, provide the landlord and the tenant with a certificate of the permissible rent levels of the rental unit. The certificate shall be issued within five business days from the date of request by the landlord or the tenant. The permissible rent levels reflected in the certificate shall, in the absence of intentional misrepresentation or fraud, be binding and conclusive upon the local agency unless the determination of the permissible rent levels is being appealed. The landlord or the tenant may appeal the determination of the permissible rent levels reflected in the certificate. Any appeal of a determination of permissible rent levels as reflected in the certificate, other than an appeal made pursuant to subdivision (b), shall be filed with the local agency within 15 days from issuance of the certificate. The local agency shall notify, in writing, the landlord and the tenant of its decision within 60 days following the filing of the appeal.\n(d) The local agency may charge the person to whom a certificate is issued a fee in the amount necessary to cover the reasonable costs incurred by the local agency in issuing the certificate.\n(e) The absence of a certification of permissible rent levels shall not impair, restrict, abridge, or otherwise interfere with either of the following:\n(1) A judicial or administrative hearing.\n(2) Any matter in connection with a conveyance of an interest in property.\n(f) The record of permissible rent levels is a public record for purposes of the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).\n(g) Any notice specifying the rents applicable to residential rental units which is given by an owner to a public entity or tenant in order to comply with Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the Government Code shall not be considered a registration of rents for purposes of this section.\n(h) \u201cLocal agency,\u201d as used in this section, means the public entity responsible for the implementation of the ordinance, charter, or regulation.\n(i) Nothing in this section shall be construed:\n(1) To grant to any public entity any power which it does not possess independent of this section to control or establish a system of control on the price at which accommodations may be offered for rent or lease, or to diminish any such power which that public entity may possess, except as specifically provided in this section.\n(2) On and after January 1, 2016, to apply to tenancies commencing on or after January 1, 1999, for which the owner of residential property may establish the initial rent under Chapter 2.7 (commencing with Section 1954.50). However, for a tenancy that commenced on or after January 1, 1999, if a property owner has provided the local agency with the tenancy\u2019s initial rent in compliance with that agency\u2019s registration requirements in a writing signed under penalty of perjury, there shall be a rebuttable presumption that the statement of the initial rent is correct.\nSEC. 2.\nNo reimbursement is required by this act pursuant to Section 6 of Article XIII\u2009B 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\u2009B of the California Constitution.","title":""}
{"_id":"c438","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nThe Legislature finds and declares all of the following:\n(a) Heavy container corridors connect the Ports of Los Angeles and Long Beach to warehouses and distribution centers throughout the port area.\n(b)\nThese corridors allow port customers to move certain types of heavy cargo, such as agricultural goods, and from the port complex, which enhance the competitiveness of the two ports.\n(c)\nThese specially designated corridors include streets located in the Cities of Los Angeles, Long Beach, Carson, as well as California state routes. Overweight trucks that have a gross vehicle weight in excess of 80,000 pounds, but no more than 95,000 pounds, are allowed to operate on heavy container corridors upon issuance of permits from their respective jurisdictions.\n(d)\nThe Cities of Long Beach and Carson share a common method of determining whether a truck is overweight while traversing heavy container corridors. However, the City of Los Angeles currently uses a different method of determining whether a truck is overweight.\n(e)\nThis difference causes confusion, results in users of the heavy container corridors in the City of Los Angeles to incur fines and penalties, and incentivizes noncompliance with safety measures required on the corridors.\n(f)\nIt is the intent of the Legislature in enacting this act that the Cities of Los Angeles, Carson, and Long Beach all utilize the same methodology to enforce the weight limits established by permits issued by the Department of Transportation for trucks traveling along heavy container corridors.\nSECTION 1.\nSEC. 2.\nSection 35700.5 of the Vehicle Code is amended to read:\n35700.5.\n(a) The Department of Transportation, upon adoption of an ordinance or resolution that is in conformance with the provisions of this section by the City of Carson, the City of Long Beach, and the City of Los Angeles, covering designated routes, may issue a special permit to the operator of a vehicle, combination of vehicles, or mobile equipment, permitting the operation and movement of the vehicle, combination, or equipment, and its load, on the 3.66-mile portion of State Route 47 and State Route 103 known as the Terminal Island Freeway, between Willow Street in the City of Long Beach and Terminal Island in the City of Long Beach and the City of Los Angeles, and on the 2.4-mile portion of State Highway Route 1, that is between Sanford Avenue in the City of Los Angeles and Harbor Avenue in the City of Long Beach, if the vehicle, combination, or equipment meets all of the following criteria:\n(1) The vehicle, combination of vehicles, or mobile equipment is used to transport intermodal cargo containers that are moving in international commerce.\n(2) The vehicle, combination of vehicles, or mobile equipment, in combination with its load, has a maximum gross weight in excess of the maximum gross weight limit of vehicles and loads specified in this chapter, but does not exceed 95,000 pounds gross vehicle weight.\n(3) (A) The vehicle, combination of vehicles, or mobile equipment conforms to the axle weight limits specified in Section 35550.\n(B) The vehicle, combination of vehicles, or mobile equipment conforms to the axle weight limits in Section 35551, except as specified in subparagraph (C).\n(C) Vehicles, combinations of vehicles, or mobile equipment that impose more than 80,000 pounds total gross weight on the highway by any group of two or more consecutive axles, exceed 60 feet in length between the extremes of any group of two or more consecutive axles, or have more than six axles shall conform to weight limits that shall be determined by the Department of Transportation.\n(b) The permit issued by the Department of Transportation shall be required to authorize the operation or movement of a vehicle, combination of vehicles, or mobile equipment described in subdivision (a). The permit shall not authorize the movement of hazardous materials or hazardous wastes, as those terms are defined by local, state, and federal law. The following criteria shall be included in the application for the permit:\n(1) A description of the loads and vehicles to be operated under the permit.\n(2) An agreement wherein each applicant agrees to be responsible for all injuries to persons and for all damage to real or personal property of the state and others directly caused by or resulting from the operation of the applicant\u2019s vehicles or combination of vehicles under the conditions of the permit. The applicant shall agree to hold harmless and indemnify the state and all its agents for all costs or claims arising out of or caused by the movement of vehicles or combination of vehicles under the conditions of the permit.\n(3) The applicant shall provide proof of financial responsibility that covers the movement of the shipment as described in subdivision (a). The insurance shall meet the minimum requirements established by law.\n(4) An agreement to carry a copy of the permit in the vehicle at all times and furnish the copy upon request of an employee of the Department of the California Highway Patrol or the Department of Transportation.\n(5) An agreement to place an indicia, developed by the Department of Transportation, in consultation with the Department of the California Highway Patrol, upon the vehicle identifying it as a vehicle possibly operating under this section. The indicia shall be displayed in the lower right area of the front windshield of the power unit. The Department of Transportation may charge a fee to cover the cost of producing and issuing this indicia.\n(c) The permit issued pursuant to subdivision (a) shall be valid for one year. The permit may be canceled by the Department of Transportation for any of the following reasons:\n(1) The failure of the applicant to maintain any of the conditions required pursuant to subdivision (b).\n(2) The failure of the applicant to maintain a satisfactory rating, as required by Section 34501.12.\n(3) A determination by the Department of Transportation that there is sufficient cause to cancel the permit because the continued movement of the applicant\u2019s vehicles under the permit would jeopardize the safety of the motorists on the roadway or result in undue damage to the highways listed in this section.\n(d) This section does not authorize an applicant or holder of a special permit under subdivision (a) to operate a vehicle or combination of vehicles in excess of the maximum gross weight limit of vehicles and loads specified in this chapter outside of the designated corridors identified in subdivision (a). A violation of this subdivision shall result in the revocation of the permit.\n(e) The Department of Transportation may charge a fee to cover the cost of issuing a permit pursuant to subdivision (a).\n(f) Notwithstanding Section 35700 and Article 6 (commencing with Section 35780),\nif\nthe City of Carson, the City of Long Beach, and the City of Los Angeles\nadopt an ordinance or resolution, as described in subdivision (a), the ordinance or resolution shall conform with the weight limits determined by the Department of Transportation pursuant to this section.\nshall use and enforce the axle and gross vehicle weight limits used by the Department of Transportation for a permitted vehicle, combination of vehicles, or mobile equipment operating or moving on a route described in subdivision (a) by individual, and not combined, axle group calculations.","title":""}
{"_id":"c152","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 14186.36 of the Welfare and Institutions Code is amended to read:\n14186.36.\n(a) It is the intent of the Legislature that a universal assessment process for LTSS be developed and tested. The initial uses of this tool may inform future decisions about whether to amend existing law regarding the assessment processes that currently apply to LTSS programs, including IHSS.\n(b) (1) In addition to the activities set forth in paragraph (9) of subdivision (a) of Section 14186.35, county agencies shall continue IHSS assessment and authorization processes, including making final determinations of IHSS hours pursuant to Article 7 (commencing with Section 12300) of Chapter 3 and regulations promulgated by the State Department of Social Services.\n(2) No sooner than January 1, 2015, for the counties and beneficiary categories specified in subdivision (e), counties shall also utilize the universal assessment tool, as described in subdivision (c), if one is available and upon completion of the stakeholder process, system design and testing, and county training described in subdivisions (c) and (e), for the provision of IHSS services. This paragraph shall only apply to beneficiaries who consent to the use of the universal assessment process. The managed care health plans shall be required to cover IHSS services based on the results of the universal assessment process specified in this section.\n(c) (1) No later than June 1, 2013, the department, the State Department of Social Services, and the California Department of Aging shall establish a stakeholder workgroup to develop the universal assessment process, including a universal assessment tool, for home- and community-based services, as defined in subdivision (b) of Section 14186.1. The stakeholder workgroup shall include, but not be limited to, consumers of IHSS and other home- and community-based services and their authorized representatives, managed care health plans, counties, IHSS, MSSP, and CBAS providers, area agencies on aging, independent living centers, and legislative staff. The universal assessment process shall be used for all home- and community-based services, including IHSS. In developing the process, the workgroup shall build upon the IHSS uniform assessment process and hourly task guidelines, the MSSP assessment process, and other appropriate home- and community-based assessment tools.\n(2) (A) In developing the universal assessment process, the departments described in paragraph (1) shall develop a universal assessment tool that will inform the universal assessment process and facilitate the development of plans of care based on the individual needs of the consumer. The workgroup shall consider issues including, but not limited to, the following:\n(i) The roles and responsibilities of the health plans, counties, and home- and community-based services providers administering the assessment.\n(ii) The criteria for reassessment.\n(iii) How the results of new assessments would be used for the oversight and quality monitoring of home- and community-based services providers.\n(iv) How the appeals process would be affected by the assessment.\n(v) The ability to automate and exchange data and information between home- and community-based services providers.\n(vi) How the universal assessment process would incorporate person-centered principles and protections.\n(vii) How the universal assessment process would meet the legislative intent of this article and the goals of the demonstration project pursuant to Section 14132.275.\n(viii) The qualifications for, and how to provide guidance to, the individuals conducting the assessments.\n(B) The workgroup shall also consider how this assessment may be used to assess the need for nursing facility care and divert individuals from nursing facility care to home- and community-based services.\n(d) No later than December 1, 2016, the department, the State Department of Social Services, and the California Department of Aging shall report to the Legislature on the stakeholder workgroup\u2019s progress in developing the universal assessment process, and shall identify the counties and beneficiary categories for which the universal assessment process may be implemented pursuant to subdivision (e).\n(e) (1) No sooner than January 1, 2015, upon completion of the design and development of a new universal assessment tool, managed care health plans, counties, and other home- and community-based services providers may test the use of the tool for a specific and limited number of beneficiaries who receive or are potentially eligible to receive home- and community-based services pursuant to this article in no fewer than two, and no more than four, of the counties where the provisions of this article are implemented, if the following conditions have been met:\n(A) The department has obtained any federal approvals through necessary federal waivers or amendments, or state plan amendments, whichever occurs later.\n(B) The system used to calculate the results of the tool has been tested.\n(C) Any entity responsible for using the tool has been trained in its usage.\n(2) To the extent the universal assessment tool or universal assessment process results in changes to the authorization process and provision of IHSS services, those changes shall be automated in the Case Management Information and Payroll System.\n(3) The department shall develop materials to inform consumers of the option to participate in the universal assessment tool testing phase pursuant to this paragraph.\n(f) The department, the State Department of Social Services, and the California Department of Aging shall implement a rapid-cycle quality improvement system to monitor the implementation of the universal assessment process, identify significant changes in assessment results, and make modifications to the universal assessment process to more closely meet the legislative intent of this article and the goals of the demonstration project pursuant to Section 14132.275.\n(g) Until existing law relating to the IHSS assessment process pursuant to Article 7 (commencing with Section 12300) of Chapter 3 is amended, beneficiaries shall have the option to request an additional assessment using the previous assessment process for those home- and community-based services and to receive services according to the results of the additional assessment.\n(h) (1) No later than 15 months after the implementation of the universal assessment process, the department, the State Department of Social Services, and the California Department of Aging, in consultation with stakeholders, shall report to the Legislature on the results of the initial use of the universal assessment process, and may identify proposed additional beneficiary categories or counties for expanded use of this process and any necessary changes to provide statutory authority for the continued use of the universal assessment process. These departments shall report annually thereafter to the Legislature on the status and results of the universal assessment process. At a minimum, the report shall include, but not be limited to, all of the following:\n(A) Findings from consumers assessed using the universal assessment tool regarding their satisfaction with both the universal assessment process and the assessor.\n(B) Analysis of the consumers\u2019 ability to follow and accurately respond to all assessment items.\n(C) Data collected from the universal assessment process that is compared to previous assessment tool data and this information shall be reported to distinguish the impact of the universal assessment process through the new data collection process.\n(2) A report submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.\n(i) This section shall remain operative only until September 1, 2018.","title":""}
{"_id":"c306","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 44272 of the Health and Safety Code is amended to read:\n44272.\n(a) The Alternative and Renewable Fuel and Vehicle Technology Program is hereby created. The program shall be administered by the commission. The commission shall implement the program by regulation pursuant to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The program shall provide, upon appropriation by the Legislature, competitive grants, revolving loans, loan guarantees, loans, or other appropriate funding measures, to public agencies, vehicle and technology entities, businesses and projects, public-private partnerships, workforce training partnerships and collaboratives, fleet owners, consumers, recreational boaters, and academic institutions to develop and deploy innovative technologies that transform California\u2019s fuel and vehicle types to help attain the state\u2019s climate change policies. The emphasis of this program shall be to develop and deploy technology and alternative and renewable fuels in the marketplace, without adopting any one preferred fuel or technology.\n(b) A project that receives more than seventy-five thousand dollars ($75,000) in funds from the commission shall be approved at a noticed public meeting of the commission and shall be consistent with the priorities established by the investment plan adopted pursuant to Section 44272.5. Under this article, the commission may delegate to the commission\u2019s executive director, or his or her designee, the authority to approve either of the following:\n(1) A contract, grant, loan, or other agreement or award that receives seventy-five thousand dollars ($75,000) or less in funds from the commission.\n(2) Amendments to a contract, grant, loan, or other agreement or award as long as the amendments do not increase the amount of the award, change the scope of the project, or modify the purpose of the agreement.\n(c) The commission shall provide preferences to those projects that maximize the goals of the Alternative and Renewable Fuel and Vehicle Technology Program, based on the following criteria, as applicable:\n(1) The project\u2019s ability to provide a measurable transition from the nearly exclusive use of petroleum fuels to a diverse portfolio of viable alternative fuels that meet petroleum reduction and alternative fuel use goals.\n(2) The project\u2019s consistency with existing and future state climate change policy and low-carbon fuel standards.\n(3) The project\u2019s ability to reduce criteria air pollutants and air toxics and reduce or avoid multimedia environmental impacts.\n(4) The project\u2019s ability to decrease, on a life-cycle basis, the discharge of water pollutants or any other substances known to damage human health or the environment, in comparison to the production and use of California Phase 2 Reformulated Gasoline or diesel fuel produced and sold pursuant to California diesel fuel regulations set forth in Article 2 (commencing with Section 2280) of Chapter 5 of Division 3 of Title 13 of the California Code of Regulations.\n(5) The project does not adversely impact the sustainability of the state\u2019s natural resources, especially state and federal lands.\n(6) The project provides nonstate matching funds. Costs incurred from the date a proposed award is noticed may be counted as nonstate matching funds. The commission may adopt further requirements for the purposes of this paragraph. The commission is not liable for costs incurred pursuant to this paragraph if the commission does not give final approval for the project or the proposed recipient does not meet requirements adopted by the commission pursuant to this paragraph.\n(7) The project provides economic benefits for California by promoting California-based technology firms, jobs, and businesses.\n(8) The project uses existing or proposed fueling infrastructure to maximize the outcome of the project.\n(9) The project\u2019s ability to reduce on a life-cycle assessment greenhouse gas emissions by at least 10 percent, and higher percentages in the future, from current reformulated gasoline and diesel fuel standards established by the state board.\n(10) The project\u2019s use of alternative fuel blends of at least 20 percent, and higher blend ratios in the future, with a preference for projects with higher blends.\n(11) The project drives new technology advancement for vehicles, vessels, engines, and other equipment, and promotes the deployment of that technology in the marketplace.\n(d) The commission shall rank applications for projects proposed for funding awards based on solicitation criteria developed in accordance with subdivision (c), and shall give additional preference to funding those projects with higher benefit-cost scores.\n(e) Only the following shall be eligible for funding:\n(1) Alternative and renewable fuel projects to develop and improve alternative and renewable low-carbon fuels, including electricity, ethanol, dimethyl ether, renewable diesel, natural gas, hydrogen, and biomethane, among others, and their feedstocks that have high potential for long-term or short-term commercialization, including projects that lead to sustainable feedstocks.\n(2) Demonstration and deployment projects that optimize alternative and renewable fuels for existing and developing engine technologies.\n(3) Projects to produce alternative and renewable low-carbon fuels in California.\n(4) Projects to decrease the overall impact of an alternative and renewable fuel\u2019s life cycle carbon footprint and increase sustainability.\n(5) Alternative and renewable fuel infrastructure, fueling stations, and equipment. The preference in paragraph (10) of subdivision (c) shall not apply to renewable diesel or biodiesel infrastructure, fueling stations, and equipment used solely for renewable diesel or biodiesel fuel.\nAlternative and renewable fuel infrastructure includes electric vehicle charging infrastructure in disadvantaged communities identified pursuant to Section 39711.\n(6) Projects to develop and improve light-, medium-, and heavy-duty vehicle technologies that provide for better fuel efficiency and lower greenhouse gas emissions, alternative fuel usage and storage, or emission reductions, including propulsion systems, advanced internal combustion engines with a 40 percent or better efficiency level over the current market standard, lightweight materials, intelligent transportation systems, energy storage, control systems and system integration, physical measurement and metering systems and software, development of design standards and testing and certification protocols, battery recycling and reuse, engine and fuel optimization electronic and electrified components, hybrid technology, plug-in hybrid technology, battery electric vehicle technology, fuel cell technology, and conversions of hybrid technology to plug-in technology through the installation of safety certified supplemental battery modules.\n(7) Programs and projects that accelerate the commercialization of vehicles and alternative and renewable fuels including buy-down programs through near-market and market-path deployments, advanced technology warranty or replacement insurance, development of market niches, supply-chain development, and research related to the pedestrian safety impacts of vehicle technologies and alternative and renewable fuels.\n(8) Programs and projects to retrofit medium- and heavy-duty onroad and nonroad vehicle fleets with technologies that create higher fuel efficiencies, including alternative and renewable fuel vehicles and technologies, idle management technology, and aerodynamic retrofits that decrease fuel consumption.\n(9) Infrastructure projects that promote alternative and renewable fuel infrastructure development connected with existing fleets, public transit, and existing transportation corridors, including physical measurement or metering equipment and truck stop electrification.\n(10) Workforce training programs related to alternative and renewable fuel feedstock production and extraction, renewable fuel production, distribution, transport, and storage, high-performance and low-emission vehicle technology and high tower electronics, automotive computer systems, mass transit fleet conversion, servicing, and maintenance, and other sectors or occupations related to the purposes of this chapter.\n(11) Block grants or incentive programs administered by public entities or not-for-profit technology entities for multiple projects, education and program promotion within California, and development of alternative and renewable fuel and vehicle technology centers. The commission may adopt guidelines for implementing the block grant or incentive program, which shall be approved at a noticed public meeting of the commission.\n(12) Life cycle and multimedia analyses, sustainability and environmental impact evaluations, and market, financial, and technology assessments performed by a state agency to determine the impacts of increasing the use of low-carbon transportation fuels and technologies, and to assist in the preparation of the investment plan and program implementation.\n(13) A program to provide funding for homeowners who purchase a plug-in electric vehicle to offset costs associated with modifying electrical sources to include a residential plug-in electric vehicle charging station. In establishing this program, the commission shall consider funding criteria to maximize the public benefit of the program.\n(f) The commission may make a single source or sole source award pursuant to this section for applied research. The same requirements set forth in Section 25620.5 of the Public Resources Code shall apply to awards made on a single source basis or a sole source basis. This subdivision does not authorize the commission to make a single source or sole source award for a project or activity other than for applied research.\n(g) The commission may do all of the following:\n(1) Contract with the Treasurer to expend funds through programs implemented by the Treasurer, if the expenditure is consistent with all of the requirements of this article and Article 1 (commencing with Section 44270).\n(2) Contract with small business financial development corporations established by the Governor\u2019s Office of Business and Economic Development to expend funds through the Small Business Loan Guarantee Program if the expenditure is consistent with all of the requirements of this article and Article 1 (commencing with Section 44270).\n(3) Advance funds, pursuant to an agreement with the commission, to any of the following:\n(A) A public entity.\n(B) A recipient to enable it to make advance payments to a public entity that is a subrecipient of the funds and under a binding and enforceable subagreement with the recipient.\n(C) An administrator of a block grant program.\nSECTION 1.\nSection 44268.2 of the\nHealth and Safety Code\nis amended to read:\n44268.2.\n(a)(1)Persons desiring to use an electric vehicle charging station that requires payment of a fee shall not be required to pay a subscription fee in order to use the station, and shall not be required to obtain membership in any club, association, or organization as a condition of using the station. The total actual charges for the use of an electric vehicle charging station, including any additional network roaming charges for nonmembers, shall be disclosed to the public at the point of sale. An electric vehicle charging station that requires payment of a fee shall allow a person desiring to use the station to pay via credit card or mobile technology, or both.\n(2)Notwithstanding paragraph (1), an electric vehicle charging station may offer services on a subscription- or membership-only basis provided those electric vehicle charging stations allow nonsubscribers or nonmembers the ability to use the electric vehicle charging station through the payment options detailed in paragraph (1).\n(b)The service provider of electric vehicle service equipment at an electric vehicle charging station or its designee shall disclose to the National Renewable Energy Laboratory the electric vehicle charging station\u2019s geographic location, a schedule of fees, accepted methods of payment, and the amount of network roaming charges for nonmembers, if any.\n(c)Electric vehicle charging stations shall be labeled in accordance with Part 309 of Title 16 of the Code of Federal Regulations, and, where commercially reasonable and feasible, may be clearly marked with appropriate directional signage in the parking area or facility where they are located.\n(d)If no interoperability billing standards have been adopted by a national standards organization by January 1, 2016, the state board may adopt interoperability billing standards for network roaming payment methods for electric vehicle charging stations. If the state board adopts interoperability billing standards, all electric vehicle charging stations that require payment shall meet those standards within six months. Any standards adopted by the state board shall consider other governmental or industry-developed interoperability billing standards and may adopt interoperability billing standards promulgated by an outside authoritative body.","title":""}
{"_id":"c91","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 11362.777 of the Health and Safety Code is amended to read:\n11362.777.\n(a) The Department of Food and Agriculture shall establish a Medical Cannabis Cultivation Program to be administered by the\nsecretary,\nsecretary and,\nexcept as specified in subdivision (c), shall administer this section as it pertains to the cultivation of medical marijuana. For purposes of this section and Chapter 3.5 (commencing with Section 19300)\nof Division 8\nof the Business and Professions Code, medical cannabis is an agricultural product.\n(b) (1) A person or entity shall not cultivate medical marijuana without first obtaining both of the following:\n(A) A license, permit, or other entitlement, specifically permitting cultivation pursuant to these provisions, from the city, county, or city and county in which the cultivation will occur.\n(B) A state license issued by the department pursuant to this section.\n(2) A person or entity shall not submit an application for a state license issued by the department pursuant to this section unless that person or entity has received a license, permit, or other entitlement, specifically permitting cultivation pursuant to these provisions, from the city, county, or city and county in which the cultivation will occur.\n(3) A person or entity shall not submit an application for a state license issued by the department pursuant to this section if the proposed cultivation of marijuana will violate the provisions of any local ordinance or regulation, or if medical marijuana is prohibited by the city, county, or city and county in which the cultivation is proposed to occur, either expressly or otherwise under principles of permissive zoning.\n(c) (1) Except as otherwise specified in this subdivision, and without limiting any other local regulation, a city, county, or city and county, through its current or future land use regulations or ordinance, may issue or deny a permit to cultivate medical marijuana pursuant to this section. A city, county, or city and county may inspect the intended cultivation site for suitability\nprior to\nbefore\nissuing a permit. After the city, county, or city and county has approved a permit, the applicant shall apply for a state medical marijuana cultivation license from the department. A locally issued cultivation permit shall only become active upon licensing by the department and receiving final local approval. A person shall not cultivate medical marijuana\nprior to\nbefore\nobtaining both a permit from the city, county, or city and county and a state medical marijuana cultivation license from the department.\n(2) A city, county, or city and county that issues or denies conditional licenses to cultivate medical marijuana pursuant to this section shall notify the department in a manner prescribed by the secretary.\n(3) A city, county, or city and county\u2019s locally issued conditional permit requirements must be at least as stringent as the department\u2019s state licensing requirements.\n(4) If a city, county, or city and county does not have land use regulations or ordinances regulating or prohibiting the cultivation of marijuana, either expressly or otherwise under principles of permissive zoning, or chooses not to administer a conditional permit program pursuant to this section, then commencing March 1, 2016, the division shall be the sole licensing authority for medical marijuana cultivation applicants in that city, county, or city and county.\n(d) (1) The secretary may prescribe, adopt, and enforce regulations relating to the implementation, administration, and enforcement of this part, including, but not limited to, applicant requirements, collections, reporting, refunds, and appeals.\n(2) The secretary may prescribe, adopt, and enforce any emergency regulations as necessary to implement this part. Any emergency regulation prescribed, adopted, or enforced pursuant to this section shall be adopted in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and, for purposes of that chapter, including Section 11349.6 of the Government Code, the adoption of the regulation is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health and safety, and general welfare.\n(3) The secretary may enter into a cooperative agreement with a county agricultural commissioner to carry out the provisions of this chapter, including, but not limited to, administration, investigations, inspections, licensing and assistance pertaining to the cultivation of medical marijuana. Compensation under the cooperative agreement shall be paid from assessments and fees collected and deposited pursuant to this chapter and shall provide reimbursement to the county agricultural commissioner for associated costs.\n(e) (1) The department, in consultation with, but not limited to, the Bureau of Medical Marijuana Regulation, the State Water Resources Control Board, and the Department of Fish and Wildlife, shall implement a unique identification program for medical marijuana. In implementing the program, the department shall consider issues, including, but not limited to, water use and environmental impacts. In implementing the program, the department shall ensure that:\n(A) Individual and cumulative effects of water diversion and discharge associated with cultivation do not affect the instream flows needed for fish spawning, migration, and rearing, and the flows needed to maintain natural flow variability.\n(B) Cultivation will not negatively impact springs, riparian wetlands, and aquatic habitats.\n(2) The department shall establish a program for the identification of permitted medical marijuana plants at a cultivation site during the cultivation period. The unique identifier shall be attached at the base of each plant. A unique identifier, such as, but not limited to, a zip tie, shall be issued for each medical marijuana plant.\n(A) Unique identifiers will only be issued to those persons appropriately licensed by this section.\n(B) Information associated with the assigned unique identifier and licensee shall be included in the trace and track program specified in Section 19335 of the Business and Professions Code.\n(C) The department may charge a fee to cover the reasonable costs of issuing the unique identifier and monitoring, tracking, and inspecting each medical marijuana plant.\n(D) The department may promulgate regulations to implement this section.\n(3) The department shall take adequate steps to establish protections against fraudulent unique identifiers and limit illegal diversion of unique identifiers to unlicensed persons.\n(f) (1) A city, county, or city and county that issues or denies licenses to cultivate medical marijuana pursuant to this section shall notify the department in a manner prescribed by the secretary.\n(2) Unique identifiers and associated identifying information administered by a city or county shall adhere to the requirements set by the department and be the equivalent to those administered by the department.\n(g) This section does not apply to a qualified patient cultivating marijuana pursuant to Section 11362.5 if the area he or she uses to cultivate marijuana does not exceed 100 square feet and he or she cultivates marijuana for his or her personal medical use and does not sell, distribute, donate, or provide marijuana to any other person or entity. This section does not apply to a primary caregiver cultivating marijuana pursuant to Section 11362.5 if the area he or she uses to cultivate marijuana does not exceed 500 square feet and he or she cultivates marijuana exclusively for the personal medical use of no more than five specified qualified patients for whom he or she is the primary caregiver within the meaning of Section 11362.7 and does not receive remuneration for these activities, except for compensation provided in full compliance with subdivision (c) of Section 11362.765. For purposes of this section, the area used to cultivate marijuana shall be measured by the aggregate area of vegetative growth of live marijuana plants on the premises. Exemption from the requirements of this section does not limit or prevent a city, county, or city and county from\nregulating or banning the cultivation, storage, manufacture, transport, provision, or other activity by the exempt person, or impair the enforcement of that regulation or ban.\nexercising its police power authority under Section 7 of Article XI of the California Constitution.\nSECTION 1.\nThe Legislature finds and declares as follows:\n(a)It is the intent of the Legislature in enacting this act to provide for collaboration among public payers, private health insurance carriers, third-party purchasers, health care providers, and health care consumer representatives, as necessary, to identify consistent appropriate payment methods to support chronic care management in, and to align incentives in support of, patient centered medical homes.\n(b)It is the intent of the Legislature to exempt from state antitrust laws and to provide immunity from federal antitrust laws, pursuant to the state action doctrine for, any activities undertaken pursuant to this act that otherwise might be constrained by those laws. It is not the intent of the Legislature to authorize any person or entity to engage in or conspire to engage in any activity that would constitute a per se violation of state or federal antitrust laws, including, but not limited to, an agreement among competing health care providers or health insurance carriers as to the price or specific level of payment for a health care service.\n(c)It is the intent of the Legislature that the state shall articulate a clear and affirmative policy describing its intent to displace competition with respect to the implementation of this act, and shall actively supervise anticompetitive conduct and its results with ongoing oversight.\nSEC. 2.\nChapter 3.5 (commencing with Section 24300) is added to Division 20 of the\nHealth and Safety Code\n, to read:\n3.5.\nPatient Centered Medical Home Health Care Delivery Model\n24300.\nThe Secretary of California Health and Human Services shall convene a working group of public payers, private health insurance carriers, third-party purchasers, health care providers, and health care consumer representatives to identify appropriate payment methods to align incentives in support of patient centered medical homes.\n24301.\n(a)The working group convened pursuant to this chapter shall consult with, and provide recommendations to, the Legislature and relevant state agencies on all matters relating to the implementation of a patient centered medical home care model.\n(b)The working group shall have the authority to do all of the following:\n(1)Develop consensus on strategies for implementing the patient centered medical home care model and service delivery change at the practice, community, and health care system level.\n(2)Identify ways to create alignment regarding payment, reporting, and infrastructure investments.\n(3)Identify ways to utilize public and private purchasing power and ways to enable competing payers to work collaboratively to establish common patient centered medical home initiatives.\n(4)Propose participation in relevant federally funded pilot and demonstration projects.\n24302.\nThe secretary shall convene the working group only after he or she makes a determination that sufficient nonstate funds have been received to pay for all costs of implementing this chapter.","title":""}
{"_id":"c129","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 130350.5 of the Public Utilities Code is amended to read:\n130350.5.\n(a) In addition to any other tax that it is authorized by law to impose, the Los Angeles County Metropolitan Transportation Authority (MTA) may impose, in compliance with subdivision (b), a transactions and use tax at a rate of 0.5 percent that is applicable in the incorporated and unincorporated areas of the county.\n(b) For purposes of the taxing authority set forth in subdivision (a), all of the following apply:\n(1) The tax shall be proposed in a transactions and use tax ordinance, that conforms with Chapter 2 (commencing with Section 7261) to Chapter 4 (commencing with Section 7275), inclusive, of the Transactions and Use Tax Law (Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code), and that is approved by a majority of the entire membership of the authority.\n(2) The tax may be imposed only if the proposing ordinance is approved by two-thirds of the voters, in the manner as otherwise required by law, voting on this measure, in an election held on November 4, 2008, or at a subsequent election and, if so approved, shall become operative as provided in Section 130352.\n(3) The proposing ordinance shall specify, in addition to the rate of tax and other matters as required by the Transactions and Use Tax Law, that the net revenues derived from the tax are to be administered by the MTA as provided in this section. Net revenues shall be defined as all revenues derived from the tax less any refunds, costs of administration by the State Board of Equalization, and costs of administration by the MTA. Such costs of administration by the MTA shall not exceed 1.5 percent of the revenues derived from the tax. The MTA shall, during the period in which the ordinance is operative, allocate 20 percent of all net revenues derived from the tax for bus operations to all eligible and included municipal transit operators in the County of Los Angeles and to the MTA, in accordance with Section 99285. However, the allocations to the MTA and eligible and included municipal operators shall be made solely from revenues derived from a tax imposed pursuant to this section, and not from local discretionary sources. Funds allocated by MTA to itself pursuant to this section shall be used for transit operations and shall not supplant funds from any other source allocated by MTA to itself for public transit operations. Funds allocated by MTA to the eligible and included municipal operators pursuant to this section shall be used for transit operations and shall not supplant any funds authorized by other provisions of law and allocated by MTA to the eligible and included municipal operators for public transit. In addition to this amount, the MTA shall allocate 5 percent of all net revenues derived from the tax, for rail operations. The MTA shall include the projects and programs described in subparagraphs (A) and (B) in the expenditure plan required under subdivision (f). The MTA shall include all projects and programs described in the expenditure plan required under subdivision (f) in its Long Range Transportation Plan (LRTP). The priorities for projects and programs described in subparagraphs (A) and (B) and in the expenditure plan required under subdivision (f) shall be those set forth in the expenditure plan. The funding amounts specified in subparagraphs (A) and (B) are minimum amounts that shall be allocated by the MTA from the net revenues derived from a tax imposed pursuant to this section. Nothing in this section prohibits the MTA from allocating additional net revenues derived from the tax to these projects and programs.\n(A) Capital Projects.\n(i) Exposition Boulevard Light Rail Transit Project from downtown Los Angeles to Santa Monica. The sum of nine hundred twenty-five million dollars ($925,000,000).\n(ii) Crenshaw Transit Corridor from Wilshire Boulevard to Los Angeles International Airport along Crenshaw Boulevard. The sum of two hundred thirty-five million five hundred thousand dollars ($235,500,000).\n(iii) San Fernando Valley North-South Rapidways. The sum of one hundred million five hundred thousand dollars ($100,500,000).\n(iv) Metro Gold Line (Pasadena to Claremont) Light Rail Transit Extension. The sum of seven hundred thirty-five million dollars ($735,000,000).\n(v) Metro Regional Connector. The sum of one hundred sixty million dollars ($160,000,000).\n(vi) Metro Westside Subway Extension. The sum of nine hundred million dollars ($900,000,000).\n(vii) State Highway Route 5 Carmenita Road Interchange Improvement. The sum of one hundred thirty-eight million dollars ($138,000,000).\n(viii) State Highway Route 5 Capacity Enhancement (State Highway Route 134 to State Highway Route 170, including access improvement for Empire Avenue). The sum of two hundred seventy-one million five hundred thousand dollars ($271,500,000).\n(ix) State Highway Route 5 Capacity Enhancement (State Highway Route 605 to the Orange County line, including improvements to the Valley View Interchange). The sum of two hundred sixty-four million eight hundred thousand dollars ($264,800,000).\n(x) State Highway Route 5\/State Highway Route 14 Capacity Enhancement. The sum of ninety million eight hundred thousand dollars ($90,800,000).\n(xi) Capital Project Contingency Fund. The sum of one hundred seventy-three million dollars ($173,000,000).\n(B) Capital Programs.\n(i) Alameda Corridor East Grade Separations. The sum of two hundred million dollars ($200,000,000).\n(ii) MTA and Municipal Regional Clean Fuel Bus Capital (Facilities and Rolling Stock). The sum of one hundred fifty million dollars ($150,000,000).\n(iii) Countywide Soundwall Construction (MTA Regional List and Monterey Park\/State Highway Route 60). The sum of two hundred fifty million dollars ($250,000,000).\n(iv) Local return for major street resurfacing, rehabilitation, and reconstruction. The sum of two hundred fifty million dollars ($250,000,000).\n(v) Metrolink Capital Improvements. The sum of seventy million dollars ($70,000,000).\n(vi) Eastside Light Rail Access. The sum of thirty million dollars ($30,000,000).\n(c) The MTA may incur bonded indebtedness payable from the proceeds of the tax provided by this section pursuant to the bond issuance provisions of Chapter 5 (commencing with Section 130500) and any successor act. The MTA shall include in the expenditure plan, required under subdivision (f), the amount of net revenue specified for all projects and programs in subparagraphs (A) and (B) of paragraph (3) of subdivision (b) as a condition of the use and expenditure of the proceeds of the tax. The MTA shall maintain the current amount of any funding for the projects and programs specified in this section that has been previously programmed or received from sources other than the proceeds of the tax, and may not reallocate money that has been previously programmed or received for those projects and programs to other projects or uses.\n(d) Notwithstanding Section 7251.1 of the Revenue and Taxation Code, the tax rate authorized by this section shall not be considered for purposes of the combined rate limit established by that section.\n(e) A jurisdiction or recipient is eligible to receive funds from the local return program, described in clause (iv) of subparagraph (B) of paragraph (3) of subdivision (b), only if it continues to contribute to that program an amount that is equal to its existing commitment of local funds or other available funds. The MTA may develop guidelines that, at a minimum, specify maintenance of effort requirements for the local return program, matching funds, and administrative requirements for the recipients of revenue derived from the tax.\n(f) Prior to submitting the ordinance to the voters, the MTA shall adopt an expenditure plan for the net revenues derived from the tax. The expenditure plan shall include, in addition to other projects and programs identified by the MTA, the specified projects and programs listed in paragraph (3) of subdivision (b), the estimated total cost for each project and program, funds other than the tax revenues that the MTA anticipates will be expended on the projects and programs, and the schedule during which the MTA anticipates funds will be available for each project and program. The MTA shall also identify in its expenditure plan the expected completion dates for each project described in subparagraph (A) of paragraph (3) of subdivision (b). To be eligible to receive revenues derived from the tax, an agency sponsoring a capital project or capital program shall submit to the MTA an expenditure plan for its project or program containing the same elements as the expenditure plan that MTA is required by this subdivision to prepare.\n(g) The MTA shall establish and administer a sales tax revenue fund. The net revenue derived from the tax, after payment of any debt services and related obligations, shall be credited to this fund. The moneys in the fund shall be available to the MTA to meet expenditure and cashflow needs of the projects and programs described in the expenditure plan required under subdivision (f). In the event that there are net revenues in excess of the amount necessary to provide the amount of net revenues specified in the expenditure plan for the projects and programs described therein, the MTA may expend the excess net revenues on projects and programs in the expenditure plan or the LRTP. In the event that projects and programs in the expenditure plan are completed without the expenditure of the amount of net revenues specified, the MTA shall expend the excess net revenues on projects and programs in the expenditure plan or the LRTP within the same subregion as the project or program that is completed. For the purposes of this section, \u201csubregion\u201d shall be defined in the LRTP.\n(h) If other funds become available and are allocated to provide all or a portion of the amount of net revenues specified in the expenditure plan for the projects or programs described therein, the MTA may expend the surplus net revenues on other projects and programs in the expenditure plan or the LRTP.\n(i) (1) Notwithstanding subdivision (h), if a capital project or capital program described in clauses (i) to (x), inclusive, of subparagraph (A) of paragraph (3) of subdivision (b) and clauses (i) and (vi) of subparagraph (B) of paragraph (3) of subdivision (b), has been fully funded from other sources on or before December 31, 2008, the funds designated to the project or program in clauses (i) to (x), inclusive, of subparagraph (A) of paragraph (3) of subdivision (b) and clauses (i) and (vi) of subparagraph (B) of paragraph (3) of subdivision (b) shall remain in the subregion in which the project or program is located and shall be allocated to other projects or programs in the subregion prior to the expiration of the tax.\n(2) A capital project or capital program funded with reallocated funds pursuant to paragraph (1) shall be included in the adopted 2008 Long Range Transportation Plan or the successor plan and shall be of regional significance as determined by the MTA. For purposes of this subdivision, \u201csubregions\u201d means the subregions as defined in the LRTP in effect as of January 1, 2008.\n(j) Notwithstanding Section 130354, revenues raised under this section may be used to facilitate the transportation of people and goods within Los Angeles County. The use of the revenues shall not be limited to public transit purposes.\n(k) No later than 365 days prior to the adoption of an amendment described in paragraph (1) to an expenditure plan adopted pursuant to subdivision (f), including, but not limited to, the expenditure plan adopted by the MTA board as \u201cAttachment A\u201d in Ordinance #08-01 adopted by the board on July 24, 2008, and in addition to any other notice requirements in the proposing ordinance, the board shall notify the Members of the Legislature representing the County of Los Angeles of all of the following:\n(1) A description of the proposed amendments to the adopted expenditure plan that would do any of the following:\n(A) Affect the amount of net revenues derived from the tax imposed pursuant to this act that is proposed to be expended on a capital project or projects identified in the adopted expenditure plan.\n(B) Delay the schedule for the availability of funds proposed to be expended on a capital project or projects identified in the adopted expenditure plan.\n(C) Delay the schedule for the estimated or expected completion date of a capital project or projects identified in the adopted expenditure plan.\n(2) The reason for the proposed amendment.\n(3) The estimated impact the proposed amendment will have on the schedule, cost, scope, or timely availability of funding for the capital project or projects contained in the adopted expenditure plan.\n(l) The notification required pursuant to subdivision (k) shall be achieved by resolution adopted by the MTA board.\n(m) The MTA board shall provide prior written notice to the Members of the Legislature representing the County of Los Angeles of any proposed amendments to the adopted expenditure plan that would accelerate funding for a capital project or projects in the adopted expenditure plan.\nSEC. 2.\nSection 130350.6 of the Public Utilities Code is repealed.\nSEC. 3.\nSection 130350.7 is added to the Public Utilities Code, to read:\n130350.7.\n(a) The Los Angeles County Metropolitan Transportation Authority (MTA), in addition to any other tax it is authorized to impose or has imposed, may impose a transactions and use tax, for a period to be determined by the MTA, that is applicable in the incorporated and unincorporated areas of Los Angeles County. The rate of tax authorized by this section, when combined with the rate of tax authorized by voter approval of Measure R pursuant to Section 130350.5 during any period when that tax is in effect, and upon the expiration of that tax, shall not exceed 1 percent.\n(b) The ordinance imposing the tax shall contain all of the following:\n(1) An expenditure plan that lists the transportation projects and programs to be funded from net revenues from the tax. The expenditure plan shall appear in the ordinance as an exhibit. The expenditure plan shall include all of the following:\n(A) The most recent cost estimates for each project and program identified in the expenditure plan.\n(B) The identification of the accelerated cost, if applicable, for each project and program in the expenditure plan.\n(C) The approximate schedule during which the MTA anticipates funds will be available for each project and program.\n(D) The expected completion dates for each project and program within a three-year range.\n(2) Provisions conforming to the Transactions and Use Tax Law (Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code), except as otherwise provided in subdivision (f).\n(3) A provision limiting the MTA\u2019s costs of administering the ordinance and the net revenues from the tax to 1.5 percent of the total tax revenues.\n(4) A requirement that the net revenues from the tax, defined to mean the total tax revenues less any refunds, costs of administration by the State Board of Equalization, and the MTA\u2019s administration costs, shall be used by the MTA to fund transportation projects and programs identified in the expenditure plan.\n(5) The rate of the tax.\n(c) The MTA shall do all of the following:\n(1) Develop a transparent process to determine the most recent costs estimates for each project and program identified in the expenditure plan.\n(2) At least 30 days before submitting the ordinance described in subdivision (b) to the voters, post the expenditure plan on its Internet Web site in a prominent manner.\n(d) The ordinance shall be adopted by the MTA board, which shall also adopt a resolution that submits the ordinance to the voters.\n(e) The ordinance shall become operative pursuant to Section 130352 if approved by two-thirds of the voters voting on the measure, pursuant to subdivision (d) of Section 2 of Article XIII C of the California Constitution.\n(f) (1) If the voters approve the ordinance authorized by this section, the expenditure plan included as an exhibit to the ordinance pursuant to paragraph (1) of subdivision (b) shall also be included in the revised and updated Long Range Transportation Plan within one year of the date the ordinance takes effect. The revised and updated Long Range Transportation Plan shall also include capital projects and capital programs that are adopted by each subregion that are submitted to the MTA for inclusion in the revised and updated Long Range Transportation Plan, if the cost and schedule details are provided by the subregions, in a manner consistent with the requirements of the plan. Inclusion of a capital project or a capital program in the Long Range Transportation Plan is not a commitment or guarantee that the project or program shall receive any future funding.\n(2) For purposes of this subdivision, \u201csubregion\u201d shall have the same meaning as defined in the Long Range Transportation Plan.\n(g) The MTA may incur bonded indebtedness payable from the net revenues of the tax pursuant to the bond issuance provisions of Chapter 5 (commencing with Section 130500) and any successor act.\n(h) The tax authorized by this section shall be imposed pursuant to the Transactions and Use Tax Law (Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code), notwithstanding the combined rate limitation in Section 7251.1 of the Revenue and Taxation Code.","title":""}
{"_id":"c466","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nThe Legislature finds and declares each of the following:\n(a) There is a compelling need for additional resources to be applied at the local level for the purpose of ensuring public safety.\n(b) The Los Angeles Times stated on November 10, 2015, that \u201cA Times review found that property crime has increased in nine of California\u2019s 10 largest cities so far this year compared with the same period last year. Violent crime was up in all 10.\u201d\n(c) The state\u2019s criminal justice realignment and Proposition 47 of 2014, the \u201cSafe Neighborhoods and Schools Act,\u201d have also placed new burdens on local law enforcement.\n(d) Rising crime rates, coupled with a growing state population, and rising inflation have placed significant pressure on local law enforcement budgets. Funding for local law enforcement programs has not kept pace with statewide growth in population or inflation. What was once funding of $489.9 million has increased to $549.1 million. However, based on increases in the State Appropriations Limit since fiscal year 2006\u201307, funding should be 28.82 percent higher, or $631.1 million, which is $85 million above current levels. This funding should be proportionally available to all communities and should be distributed consistent with the current percentage distribution schedule established by the Department of Finance for the Citizens\u2019 Option for Public Safety (COPS) program.\n(e) Many California communities are plagued by gang violence, drug addiction, and violence associated with drug use and drug trafficking.\n(f) A letter dated December 21, 2015, from the United States Department of Justice stated that, for the foreseeable future, the department would be halting equitable funding payments to state, local, and tribal law enforcement partners. For California law enforcement agencies this will result in approximately $85 million in lost revenue.\n(g) Accordingly, it is the intent of the Legislature to establish a new program to provide additional funding for front-line law enforcement services, particularly those focused on drug interdiction, antigang enforcement, and other local law enforcement and crime prevention-related activities.\nSEC. 2.\nChapter 6.8 (commencing with Section 30066) is added to Division 3 of Title 3 of the Government Code, to read:\nCHAPTER  6.8. Budget Allocation for Drug and Gang Enforcement\n30066.\n(a) In addition to any moneys provided pursuant to Chapter 6.7, in any fiscal year in which a county receives moneys to be expended for the implementation of this chapter, the county auditor shall allocate the moneys received pursuant to this chapter and deposited in the county\u2019s Supplemental Law Enforcement Services Account (SLESA) within 30 days of the deposit of those moneys into the fund.\n(b) The moneys described in subdivision (a) shall be allocated to the county and the cities within the county, and, in the case of San Mateo, Kern, Siskiyou, and Contra Costa Counties, also to the Broadmoor Police Protection District, the Bear Valley Community Services District, the Stallion Springs Community Services District, the Lake Shastina Community Services District, and the Kensington Police Protection and Community Services District, in accordance with the relative population of the cities within the county and the unincorporated area of the county, and the Broadmoor Police Protection District in the County of San Mateo, the Bear Valley Community Services District and the Stallion Springs Community Services District in the County of Kern, the Lake Shastina Community Services District in the County of Siskiyou, and the Kensington Police Protection and Community Services District in County of Contra Costa, consistent with the percentage table developed by the Department of Finance pursuant to paragraph (3) of subdivision (b) of Section 30061. For a newly incorporated city whose population estimate is not published by the Department of Finance, but that was incorporated prior to July 1 of the fiscal year in which an allocation from the SLESA is to be made, the city manager, or an appointee of the legislative body if a city manager is not available, and the county administrative or executive officer shall prepare a joint notification to the Department of Finance and the county auditor with a population estimate reduction of the unincorporated area of the county equal to the population of the newly incorporated city by July 15, or within 15 days after the Budget Act is enacted, of the fiscal year in which an allocation from the SLESA is to be made. No person residing within the Broadmoor Police Protection District, the Bear Valley Community Services District, the Stallion Springs Community Services District, the Lake Shastina Community Services District, or the Kensington Police Protection and Community Services District shall also be counted as residing within the unincorporated area of the County of San Mateo, Kern, Siskiyou, or Contra Costa, or within any city located within those counties. Moneys allocated to the county pursuant to this subdivision shall be retained in the county SLESA, and moneys allocated to a city pursuant to this subdivision shall be deposited an SLESA established in the city treasury.\n(c) Funds received pursuant to subdivision (a) shall be expended or encumbered in accordance with this chapter no later than June 30 of the following fiscal year.\n30067.\n(a) Moneys allocated from a Supplemental Law Enforcement Services Account (SLESA) to a recipient entity pursuant to this chapter shall be expended exclusively to provide front-line law enforcement services. Those moneys shall not be used by a local agency to supplant other funding for Public Safety Services, as defined in Section 36 of Article XIII of the California Constitution.\n(b) Funding received pursuant to this chapter may be used for any of the following:\n(1) Drug interdiction programs.\n(2) Acquisition, maintenance, and training related to the use of body-worn cameras.\n(3) Costs, including personnel costs, related to peace officer training, including training relating to the instruction in the handling of persons with developmental disabilities or mental illness, or both.\n(4) Other front-line law enforcement services.\n(c) In no event shall any moneys allocated from the county\u2019s SLESA pursuant to this chapter be expended by a recipient agency to fund administrative overhead costs in excess of 0.5 percent of a recipient entity\u2019s SLESA allocation pursuant to this chapter for that year.\n(d) For the purposes of this chapter, \u201cfront-line law enforcement services\u201d includes antigang, community crime prevention, and juvenile justice programs.\nSEC. 3.\nThe sum of eighty-five million dollars ($85,000,000) is hereby appropriated from the General Fund in the State Treasury for allocation by the State Controller to the counties for the purposes specified in Chapter 6.8 (commencing with Section 30066) of Division 3 of Title 3 of the Government Code. The Controller shall allocate those moneys among each Supplemental Law Enforcement Services Account (SLESA) established by each county and city and county pursuant to Section 30063 of the Government Code, consistent with the percentage schedule developed by the Department of Finance pursuant to paragraph (3) of subdivision (b) of Section 30061.","title":""}
{"_id":"c228","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 2192 of the Streets and Highways Code is amended to read:\n2192.\n(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.\n(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\u2019s Surface Transportation Act (\u201cFAST Act\u201d; Public Law 114-94) shall be allocated for projects approved pursuant to this chapter.\n(b) This chapter shall govern expenditure of those state and federal revenues described in subdivision (a).\n(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\u2019s 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\u2019s 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:\n(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\u2019s 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.\n(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.\n(3) Projects to enhance the capacity and efficiency of ports.\n(4) Truck corridor and capital and operational improvements, including dedicated truck facilities or truck toll facilities.\n(5) Border capital and operational improvements that enhance goods movement between California and Mexico and that maximize the state\u2019s ability to access funds made available to the state by federal law.\n(6) Surface transportation and connector road improvements to effectively facilitate the movement of goods, particularly for ingress and egress to and from the state\u2019s land ports of entry, airports, and seaports, to relieve traffic congestion along major trade or goods movement corridors.\n(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\u2019s 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\u2019s most urgent needs, (B) balances the demands of various land ports of entry, seaports, and airports, (C) provides reasonable geographic balance between the state\u2019s 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\u2019s economy. The commission shall adopt any amendments to the 2007 guidelines on or before April 1, 2017.\n(2) In adopting amended guidelines, and developing and adopting the program of projects, the commission shall do all of the following:\n(A) Accept nominations for projects to be included in the program of projects from regional and local transportation agencies and the Department of Transportation.\n(B) Recognize the key role of the state in project identification and support integrating statewide goods movement priorities into the corridor approach.\n(C) Make a finding that adoption and delivery of the program of projects is in the public interest.\n(3) In addition, the commission shall also consider the following factors when allocating these funds:\n(A) \u201cVelocity,\u201d which means the speed by which large cargo would travel from the land port of entry or seaport through the distribution system.\n(B) \u201cThroughput,\u201d which means the volume of cargo that would move from the land port of entry or seaport through the distribution system.\n(C) \u201cReliability,\u201d 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.\n(D) \u201cCongestion reduction,\u201d which means the reduction in recurrent daily hours of delay to be achieved.\nSEC. 2.\nSection 2192.2 of the Streets and Highways Code is amended to read:\n2192.2.\nThe 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\u2019s 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.","title":""}
{"_id":"c289","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 3605 of the Probate Code is amended to read:\n3605.\n(a) This section applies only to a special needs trust established under Section 3604 on or after January 1, 1993.\n(b) While the special needs trust is in existence, the statute of limitations otherwise applicable to claims of the State Department of Health Care Services, the State Department of State Hospitals, the State Department of Developmental Services, and any county or city and county in this state is tolled. Notwithstanding any provision in the trust instrument, at the death of the special needs trust beneficiary or on termination of the trust, the trust property is subject to claims of the State Department of Health Care Services, the State Department of State Hospitals, the State Department of Developmental Services, and any county or city and county in this state to the extent authorized by law as if the trust property is owned by the beneficiary or is part of the beneficiary\u2019s estate.\n(c) At the death of the special needs trust beneficiary or on termination of the trust, the trustee shall give notice of the beneficiary\u2019s death or the trust termination, in the manner provided in Section 1215, to all of the following:\n(1) The State Department of Health Care Services, the State Department of State Hospitals, and the State Department of Developmental Services, addressed to the director of that department at the Sacramento office of the director.\n(2) Any county or city and county in this state that has made a written request to the trustee for notice, addressed to that county or city and county at the address specified in the request.\n(d) Failure to give the notice required by subdivision (c) prevents the running of the statute of limitations against the claim of the department, county, or city and county not given the notice.\n(e) The department, county, or city and county has four months after notice is given in which to make a claim with the trustee. If the trustee rejects the claim, the department, county, or city and county making the claim may petition the court for an order under Chapter 3 (commencing with Section 17200) of Part 5 of Division 9, directing the trustee to pay the claim. A claim made under this subdivision shall be paid as a preferred claim prior to any other distribution. If trust property is insufficient to pay all claims under this subdivision, the trustee shall petition the court for instructions and the claims shall be paid from trust property as the court deems just.\n(f) If trust property is distributed before expiration of four months after notice is given without payment of the claim, the department, county, or city and county has a claim against the distributees to the full extent of the claim, or each distributee\u2019s share of trust property, whichever is less. The claim against distributees includes interest at a rate equal to that earned in the Pooled Money Investment Account, Article 4.5 (commencing with Section 16480) of Chapter 3 of Part 2 of Division 4 of Title 2 of the Government Code, from the date of distribution or the date of filing the claim, whichever is later, plus other accruing costs as in the case of enforcement of a money judgment.\n(g) Notwithstanding subdivisions (a) to (f), inclusive, the trust property of the deceased beneficiary of a special needs trust is not subject to the claims of the state and local entities described in subdivision (b) if there is a surviving child who is a sibling of a deceased beneficiary, that surviving child is also the beneficiary of a special needs trust, and the trust of the deceased beneficiary provides for the transfer of the property in the trust of the deceased beneficiary to the special needs trust of the surviving sibling.\nSEC. 2.\nSection 14009.5 of the Welfare and Institutions Code is amended to read:\n14009.5.\n(a) Notwithstanding any other provision of this chapter, the department shall claim against the estate of the decedent, or against any recipient of the property of that decedent by distribution or survival an amount equal to the payments for the health care services received or the value of the property received by any recipient from the decedent by distribution or survival, whichever is less.\n(b) The department may not claim in any of the following circumstances:\n(1) The decedent was under 55 when services were received, except in the case of an individual who had been an inpatient in a nursing facility.\n(2)\nWhere\nIf\nthere is any of the following:\n(A) A surviving spouse during his or her lifetime. However, upon the death of a surviving spouse, the department shall make a claim against the estate of the surviving spouse, or against any recipient of property from the surviving spouse obtained by distribution or survival, for either the amount paid for the medical assistance given to the decedent or the value of any of the decedent\u2019s property received by the surviving spouse through distribution or survival, whichever is less. Any statute of limitations that purports to limit the ability to recover for medical assistance granted under this chapter shall not apply to any claim made for reimbursement.\n(B) A surviving child who is under age 21.\n(C) A surviving child who is blind or permanently and totally disabled, within the meaning of Section 1614 of the federal Social Security Act (42\nU.S.C.A.\nU.S.C.\nSec. 1382c).\n(D) A surviving child who is the beneficiary of a special needs trust, and who is a sibling of a deceased beneficiary of a special needs trust, if the special needs trust of the deceased beneficiary provides for the transfer of the property in the trust of the deceased beneficiary to the special needs trust of the surviving sibling.\n(3) Any exemption described in paragraph (2) that restricts the department from filing a claim against a decedent\u2019s property shall apply only to the proportionate share of the decedent\u2019s estate or property that passes to those recipients, by survival or distribution, who qualify for an exemption under paragraph (2).\n(c) (1) The department shall waive its claim, in whole or in part, if it determines that enforcement of the claim would result in substantial hardship to other dependents, heirs, or survivors of the individual against whose estate the claim exists.\n(2) The department shall notify individuals of the waiver provision and the opportunity for a hearing to establish that a waiver should be granted.\n(d) The following definitions shall govern the construction of this section:\n(1) \u201cDecedent\u201d means a beneficiary who has received health care under this chapter or Chapter 8 (commencing with Section 14200) and who has died leaving property to others either through distribution or survival.\n(2) \u201cDependents\u201d includes, but is not limited to, immediate family or blood relatives of the decedent.","title":""}
{"_id":"c120","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 1253.7 is added to the Health and Safety Code, to read:\n1253.7.\n(a) For purposes of this chapter, \u201cobservation services\u201d means outpatient services provided by a general acute care hospital and that have been ordered by a provider, to those patients who have unstable or uncertain conditions potentially serious enough to warrant close observation, but not so serious as to warrant inpatient admission to the hospital. Observation services may include the use of a bed, monitoring by nursing and other staff, and any other services that are reasonable and necessary to safely evaluate a patient\u2019s condition or determine the need for a possible inpatient admission to the hospital.\n(b) When a patient in an inpatient unit of a hospital or in an observation unit, as defined in subdivision (c), is receiving observation services, or following a change in a patient\u2019s status from inpatient to observation, the patient shall receive written notice, as soon as practicable, that he or she is on observation status. The notice shall state that while on observation status, the patient\u2019s care is being provided on an outpatient basis, which may affect his or her health care coverage reimbursement.\n(c) For purposes of this chapter, \u201cobservation unit\u201d means an area in which observation services are provided in a setting outside of any inpatient unit and that is not part of an emergency department of a general acute care hospital. A hospital may establish one or more observation units that shall be marked with signage identifying the observation unit area as an outpatient area. The signage shall use the term \u201coutpatient\u201d in the title of the designated area to indicate clearly to all patients and family members that the observation services provided in the center are not inpatient services. Identifying an observation unit by a name or term other than that used in this subdivision does not exempt the general acute care hospital from compliance with the requirements of this section.\n(d) Notwithstanding subdivisions (d) and (e) of Section 1275, an observation unit shall comply with the same licensed nurse-to-patient ratios as supplemental emergency services. This subdivision is not intended to alter or amend the effect of any regulation adopted pursuant to Section 1276.4 as of the effective date of the act that added this subdivision.\nSEC. 2.\nSection 128765 of the Health and Safety Code is amended to read:\n128765.\n(a) The office shall maintain a file of all the reports filed under this chapter at its Sacramento office. Subject to any rules the office may prescribe, these reports shall be produced and made available for inspection upon the demand of any person, and shall also be posted on its Internet Web site, with the exception of discharge and encounter data that shall be available for public inspection unless the office determines, pursuant to applicable law, that an individual patient\u2019s rights of confidentiality would be violated.\n(b) The reports published pursuant to Section 128745 shall include an executive summary, written in plain English to the maximum extent practicable, that shall include, but not be limited to, a discussion of findings, conclusions, and trends concerning the overall quality of medical outcomes, including a comparison to reports from prior years, for the procedure or condition studied by the report. The office shall disseminate the reports as widely as practical to interested parties, including, but not limited to, hospitals, providers, the media, purchasers of health care, consumer or patient advocacy groups, and individual consumers. The reports shall be posted on the office\u2019s Internet Web site.\n(c) Copies certified by the office as being true and correct copies of reports properly filed with the office pursuant to this chapter, together with summaries, compilations, or supplementary reports prepared by the office, shall be introduced as evidence, where relevant, at any hearing, investigation, or other proceeding held, made, or taken by any state, county, or local governmental agency, board, or commission that participates as a purchaser of health facility services pursuant to the provisions of a publicly financed state or federal health care program. Each of these state, county, or local governmental agencies, boards, and commissions shall weigh and consider the reports made available to it pursuant to this subdivision in its formulation and implementation of policies, regulations, or procedures regarding reimbursement methods and rates in the administration of these publicly financed programs.\n(d) The office shall compile and publish summaries of individual facility and aggregate data that do not contain patient-specific information for the purpose of public disclosure. Upon request, these shall include summaries of observation services data, in a format prescribed by the office. The summaries shall be posted on the office\u2019s Internet Web site. The office may initiate and conduct studies as it determines will advance the purposes of this chapter.\n(e) In order to ensure that accurate and timely data are available to the public in useful formats, the office shall establish a public liaison function. The public liaison shall provide technical assistance to the general public on the uses and applications of individual and aggregate health facility data and shall provide the director with an annual report on changes that can be made to improve the public\u2019s access to data.\nSEC. 3.\nNo reimbursement is required by this act pursuant to Section 6 of Article XIII\u2009B 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\u2009B of the California Constitution.","title":""}
{"_id":"c266","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 300 of the Welfare and Institutions Code is amended to read:\n300.\nA child who comes within any of the following descriptions is within the jurisdiction of the juvenile court which may adjudge that person to be a dependent child of the court:\n(a) The child has suffered, or there is a substantial risk that the child will suffer, serious physical harm inflicted nonaccidentally upon the child by the child\u2019s parent or guardian. For purposes of this subdivision, a court may find there is a substantial risk of serious future injury based on the manner in which a less serious injury was inflicted, a history of repeated inflictions of injuries on the child or the child\u2019s siblings, or a combination of these and other actions by the parent or guardian that indicate the child is at risk of serious physical harm. For purposes of this subdivision, \u201cserious physical harm\u201d does not include reasonable and age-appropriate spanking to the buttocks if there is no evidence of serious physical injury.\n(b) (1)  The child has suffered, or there is a substantial risk that the child will suffer, serious physical harm or illness, as a result of the failure or inability of his or her parent or guardian to adequately supervise or protect the child, or the willful or negligent failure of the child\u2019s parent or guardian to adequately supervise or protect the child from the conduct of the custodian with whom the child has been left, or by the willful or negligent failure of the parent or guardian to provide the child with adequate food, clothing, shelter, or medical treatment, or by the inability of the parent or guardian to provide regular care for the child due to the parent\u2019s or guardian\u2019s mental illness, developmental disability, or substance abuse. A child shall not be found to be a person described by this subdivision solely due to the lack of an emergency shelter for the family. Whenever it is alleged that a child comes within the jurisdiction of the court on the basis of the parent\u2019s or guardian\u2019s willful failure to provide adequate medical treatment or specific decision to provide spiritual treatment through prayer, the court shall give deference to the parent\u2019s or guardian\u2019s medical treatment, nontreatment, or spiritual treatment through prayer alone in accordance with the tenets and practices of a recognized church or religious denomination, by an accredited practitioner thereof, and shall not assume jurisdiction unless necessary to protect the child from suffering serious physical harm or illness. In making its determination, the court shall consider (1) the nature of the treatment proposed by the parent or guardian, (2) the risks to the child posed by the course of treatment or nontreatment proposed by the parent or guardian, (3) the risk, if any, of the course of treatment being proposed by the petitioning agency, and (4) the likely success of the courses of treatment or nontreatment proposed by the parent or guardian and agency. The child shall continue to be a dependent child pursuant to this subdivision only so long as is necessary to protect the child from risk of suffering serious physical harm or illness.\n(2) The Legislature finds and declares that a child who is sexually trafficked, as described in Section 236.1 of the Penal Code, or who receives food or shelter in exchange for, or who is paid to perform, sexual acts described in Section 236.1 or 11165.1 of the Penal Code,\nor who has engaged in the conduct described in subdivision (b) of Section 647 or Section 653.22 of the Penal Code,\nand whose parent or guardian failed to, or was unable to, protect the child, is within the description of this subdivision, and that this finding is declaratory of existing law. These children shall be known as commercially sexually exploited children.\n(c) The child is suffering serious emotional damage, or is at substantial risk of suffering serious emotional damage, evidenced by severe anxiety, depression, withdrawal, or untoward aggressive behavior toward self or others, as a result of the conduct of the parent or guardian or who has no parent or guardian capable of providing appropriate care. A child shall not be found to be a person described by this subdivision if the willful failure of the parent or guardian to provide adequate mental health treatment is based on a sincerely held religious belief and if a less intrusive judicial intervention is available.\n(d) The child has been sexually abused, or there is a substantial risk that the child will be sexually abused, as defined in Section 11165.1 of the Penal Code, by his or her parent or guardian or a member of his or her household, or the parent or guardian has failed to adequately protect the child from sexual abuse when the parent or guardian knew or reasonably should have known that the child was in danger of sexual abuse.\n(e) The child is under the age of five years and has suffered severe physical abuse by a parent, or by any person known by the parent, if the parent knew or reasonably should have known that the person was physically abusing the child. For the purposes of this subdivision, \u201csevere physical abuse\u201d means any of the following: any single act of abuse which causes physical trauma of sufficient severity that, if left untreated, would cause permanent physical disfigurement, permanent physical disability, or death; any single act of sexual abuse which causes significant bleeding, deep bruising, or significant external or internal swelling; or more than one act of physical abuse, each of which causes bleeding, deep bruising, significant external or internal swelling, bone fracture, or unconsciousness; or the willful, prolonged failure to provide adequate food. A child shall not be removed from the physical custody of his or her parent or guardian on the basis of a finding of severe physical abuse unless the social worker has made an allegation of severe physical abuse pursuant to Section 332.\n(f) The child\u2019s parent or guardian caused the death of another child through abuse or neglect.\n(g) The child has been left without any provision for support; physical custody of the child has been voluntarily surrendered pursuant to Section 1255.7 of the Health and Safety Code and the child has not been reclaimed within the 14-day period specified in subdivision (g) of that section; the child\u2019s parent has been incarcerated or institutionalized and cannot arrange for the care of the child; or a relative or other adult custodian with whom the child resides or has been left is unwilling or unable to provide care or support for the child, the whereabouts of the parent are unknown, and reasonable efforts to locate the parent have been unsuccessful.\n(h) The child has been freed for adoption by one or both parents for 12 months by either relinquishment or termination of parental rights or an adoption petition has not been granted.\n(i) The child has been subjected to an act or acts of cruelty by the parent or guardian or a member of his or her household, or the parent or guardian has failed to adequately protect the child from an act or acts of cruelty when the parent or guardian knew or reasonably should have known that the child was in danger of being subjected to an act or acts of cruelty.\n(j) The child\u2019s sibling has been abused or neglected, as defined in subdivision (a), (b), (d), (e), or (i), and there is a substantial risk that the child will be abused or neglected, as defined in those subdivisions. The court shall consider the circumstances surrounding the abuse or neglect of the sibling, the age and gender of each child, the nature of the abuse or neglect of the sibling, the mental condition of the parent or guardian, and any other factors the court considers probative in determining whether there is a substantial risk to the child.\nIt is the intent of the Legislature that this section not disrupt the family unnecessarily or intrude inappropriately into family life, prohibit the use of reasonable methods of parental discipline, or prescribe a particular method of parenting. Further, this section is not intended to limit the offering of voluntary services to those families in need of assistance but who do not come within the descriptions of this section. To the extent that savings accrue to the state from child welfare services funding obtained as a result of the enactment of the act that enacted this section, those savings shall be used to promote services which support family maintenance and family reunification plans, such as client transportation, out-of-home respite care, parenting training, and the provision of temporary or emergency in-home caretakers and persons teaching and demonstrating homemaking skills. The Legislature further declares that a physical disability, such as blindness or deafness, is no bar to the raising of happy and well-adjusted children and that a court\u2019s determination pursuant to this section shall center upon whether a parent\u2019s disability prevents him or her from exercising care and control. The Legislature further declares that a child whose parent has been adjudged a dependent child of the court pursuant to this section shall not be considered to be at risk of abuse or neglect solely because of the age, dependent status, or foster care status of the parent.\nAs used in this section, \u201cguardian\u201d means the legal guardian of the child.\nSECTION 1.\nSection 602 of the\nWelfare and Institutions Code\nis amended to read:\n602.\n(a)Except as provided in subdivision (b), any person who is under 18 years of age when he or she violates any law of this state or of the United States or any ordinance of any city or county of this state defining crime, other than an ordinance establishing a curfew based solely on age, is within the jurisdiction of the juvenile court, which may adjudge that person to be a ward of the court.\n(b)Any person who is alleged, when he or she was 14 years of age or older, to have committed one of the following offenses shall be prosecuted under the general law in a court of criminal jurisdiction:\n(1)Murder, as described in Section 187 of the Penal Code, if one of the circumstances enumerated in subdivision (a) of Section 190.2 of the Penal Code is alleged by the prosecutor, and the prosecutor alleges that the minor personally killed the victim.\n(2)The following sex offenses, if the prosecutor alleges that the minor personally committed the offense and alleges that one of the circumstances enumerated in subdivision (d) or (e) of Section 667.61 of the Penal Code applies:\n(A)Rape, as described in paragraph (2) of subdivision (a) of Section 261 of the Penal Code.\n(B)Spousal rape, as described in paragraph (1) of subdivision (a) of Section 262 of the Penal Code.\n(C)Forcible sex offenses in concert with another, as described in Section 264.1 of the Penal Code.\n(D)Forcible lewd and lascivious acts on a child under 14 years of age, as described in subdivision (b) of Section 288 of the Penal Code.\n(E)Forcible sexual penetration, as described in subdivision (a) of Section 289 of the Penal Code.\n(F)Sodomy or oral copulation in violation of Section 286 or 288a of the Penal Code, by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person.\n(G)Lewd and lascivious acts on a child under 14 years of age, as defined in subdivision (a) of Section 288, unless the defendant qualifies for probation under subdivision (d) of Section 1203.066 of the Penal Code.","title":""}
{"_id":"c461","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nThe Legislature finds and declares all of the following:\n(a) Various economic studies have shown that the biggest burden on family incomes is the cost of housing and transportation. These two variables greatly affect the quality of life for Californians.\n(b) Los Angeles County voters have recognized the importance of investing in a transportation network that is responsive to the needs of commuters and transit users and that facilitates the movement of goods in the region. Los Angeles County has three existing voter-approved sales tax measures for transportation projects administered by Los Angeles County Metropolitan Transportation Authority (MTA).\n(c) In 1980, voters in Los Angeles County approved Proposition A, a sales tax of one-half of 1 percent on most retail sales in Los Angeles County. The MTA returns 25 percent of Proposition A proceeds to the cities in Los Angeles County for transportation purposes. Thirty-five percent of Proposition A proceeds is required to be used for rail development while the remaining 40 percent is for discretionary purposes. Almost all of the discretionary portion is used to fund bus service provided by the MTA and 16 other municipal bus operators within Los Angeles County. The collection of the sales tax is ongoing.\n(d) In 1990, voters in Los Angeles County approved Proposition C, an additional sales tax of one-half of 1 percent on retail sales in Los Angeles County. The MTA returns 20 percent of Proposition C proceeds to the cities in Los Angeles County for transportation purposes. Forty percent of the Proposition C proceeds is required to be used for construction and operation of the bus transit and rail system, 5 percent to expand rail and bus security, 10 percent for commuter\nrail,\nrail\nand construction of transit centers, park and ride lots, and freeway bus stops, and 25 percent for transit-related improvements to freeways and state highways. The collection of the sales tax is ongoing.\n(e) Most recently, voters in Los Angeles County approved Measure R in 2008. Measure R is an ordinance authorizing an additional sales tax of one-half of 1 percent to fund traffic relief and rail expansion according to an expenditure plan contained in the ordinance. Measure R became effective July 1, 2009, and will remain in effect for 30 years.\n(f) MTA has been entrusted with the responsibility and has the voters\u2019 confidence that it will protect and use the sales tax funding responsibly and according to the rules approved by the voters.\nSEC. 2.\nSection 130350.7 is added to the Public Utilities Code, to read:\n130350.7.\n(a) The Los Angeles County Metropolitan Transportation Authority (MTA), in addition to any other tax it is authorized to impose or has imposed, may impose a transactions and use tax at the rate of 0.5 percent, for a period not to exceed 30 years, that is applicable in the incorporated and unincorporated areas of the County of Los Angeles.\n(b) The ordinance imposing the tax shall contain all of the following:\n(1) An expenditure plan that lists the transportation projects and programs to be funded from net revenues from the tax. The expenditure plan shall appear in the ordinance as an exhibit. The expenditure plan shall include measures that ensure net revenues are shared equitably between regions of the county.\n(2) Provisions conforming to the Transactions and Use Tax Law (Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code), except as otherwise provided in subdivision (f).\n(3) A provision limiting the MTA\u2019s costs of administering the ordinance and the net revenues from the tax to 1.5 percent of the total tax revenues.\n(4) A requirement that the net revenues from the tax, defined to mean the total tax revenues less any refunds, costs of administration by the State Board of Equalization, and the MTA\u2019s administration costs, shall be used by the MTA to fund transportation projects and programs identified in the expenditure plan.\n(5) A requirement that the MTA, during the period that the ordinance is operative, allocate\n____\n20\npercent of all net revenues derived from the tax for bus operations. These revenues shall be allocated to all eligible and included municipal transit operators in the County of Los Angeles and to the MTA, in accordance with Section 99285. However, the allocations to the MTA and eligible and included municipal operators shall be made solely from revenues derived from a tax imposed pursuant to this section, and not from local discretionary sources. Funds allocated by MTA to itself pursuant to this section shall be used for transit operations and shall not supplant funds from any other source allocated by MTA to itself for public transit operations. Funds allocated by MTA to the eligible and included municipal operators pursuant to this section shall be used for transit operations and shall not supplant any funds authorized by other provisions of law and allocated by MTA to the eligible and included municipal operators for public transit. In addition to this amount, the MTA shall allocate\n____\n5\npercent of all net revenues derived from the tax for rail operations.\n(c) The MTA shall notify the Legislature prior to the adoption of amendments to the adopted expenditure plan.\n(d) The ordinance shall be adopted by the MTA board, which shall also adopt a resolution that submits the ordinance to the voters.\n(e) The ordinance shall become operative pursuant to Section 130352 if approved by two-thirds of the voters voting on the measure, pursuant to subdivision (d) of Section 2 of Article XIII C of the California Constitution.\n(f) The MTA may incur bonded indebtedness payable from the net revenues of the tax pursuant to the bond issuance provisions of this chapter and any successor act.\n(g) The tax authorized by this section shall be imposed pursuant to the Transactions and Use Tax Law (Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code), notwithstanding the combined rate limitation in Section 7251.1 of the Revenue and Taxation Code.","title":""}
{"_id":"c342","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 5300 of the Civil Code is amended to read:\n5300.\n(a) Notwithstanding a contrary provision in the governing documents, an association shall distribute an annual budget report 30 to 90 days before the end of its fiscal year.\n(b) Unless the governing documents impose more stringent standards, the annual budget report shall include all of the following information:\n(1) A pro forma operating budget, showing the estimated revenue and expenses on an accrual basis.\n(2) A summary of the association\u2019s reserves, prepared pursuant to Section 5565.\n(3) A summary of the reserve funding plan adopted by the board, as specified in paragraph (5) of subdivision (b) of Section 5550. The summary shall include notice to members that the full reserve study plan is available upon request, and the association shall provide the full reserve plan to any member upon request.\n(4) A statement as to whether the board has determined to defer or not undertake repairs or replacement of any major component with a remaining life of 30 years or less, including a justification for the deferral or decision not to undertake the repairs or replacement.\n(5) A statement as to whether the board, consistent with the reserve funding plan adopted pursuant to Section 5560, has determined or anticipates that the levy of one or more special assessments will be required to repair, replace, or restore any major component or to provide adequate reserves therefor. If so, the statement shall also set out the estimated amount, commencement date, and duration of the assessment.\n(6) A statement as to the mechanism or mechanisms by which the board will fund reserves to repair or replace major components, including assessments, borrowing, use of other assets, deferral of selected replacements or repairs, or alternative mechanisms.\n(7) A general statement addressing the procedures used for the calculation and establishment of those reserves to defray the future repair, replacement, or additions to those major components that the association is obligated to maintain. The statement shall include, but need not be limited to, reserve calculations made using the formula described in paragraph (4) of subdivision (b) of Section 5570, and may not assume a rate of return on cash reserves in excess of 2 percent above the discount rate published by the Federal Reserve Bank of San Francisco at the time the calculation was made.\n(8) A statement as to whether the association has any outstanding loans with an original term of more than one year, including the payee, interest rate, amount outstanding, annual payment, and when the loan is scheduled to be retired.\n(9) A summary of the association\u2019s property, general liability, earthquake, flood, and fidelity insurance policies. For each policy, the summary shall include the name of the insurer, the type of insurance, the policy limit, and the amount of the deductible, if any. To the extent that any of the required information is specified in the insurance policy declaration page, the association may meet its obligation to disclose that information by making copies of that page and distributing it with the annual budget report. The summary distributed pursuant to this paragraph shall contain, in at least 10-point boldface type, the following statement:\n\n\n\u201cThis summary of the association\u2019s policies of insurance provides only certain information, as required by Section 5300 of the Civil Code, and should not be considered a substitute for the complete policy terms and conditions contained in the actual policies of insurance. Any association member may, upon request and provision of reasonable notice, review the association\u2019s insurance policies and, upon request and payment of reasonable duplication charges, obtain copies of those policies. Although the association maintains the policies of insurance specified in this summary, the association\u2019s policies of insurance may not cover your property, including personal property or real property improvements to or around your dwelling, or personal injuries or other losses that occur within or around your dwelling. Even if a loss is covered, you may nevertheless be responsible for paying all or a portion of any deductible that applies. Association members should consult with their individual insurance broker or agent for appropriate additional coverage.\u201d\n\n\n(c) The annual budget report shall be made available to the members pursuant to Section 5320.\n(d) The summary of the association\u2019s reserves disclosed pursuant to paragraph (2) of subdivision (b) shall not be admissible in evidence to show improper financial management of an association, provided that other relevant and competent evidence of the financial condition of the association is not made inadmissible by this provision.\n(e) The Assessment and Reserve Funding Disclosure Summary form, prepared pursuant to Section 5570, shall accompany each annual budget report or summary of the annual budget report that is delivered pursuant to this article.\n(f) This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed.\nSEC. 2.\nSection 5300 is added to the Civil Code, to read:\n5300.\n(a) Notwithstanding a contrary provision in the governing documents, an association shall distribute an annual budget report 30 to 90 days before the end of its fiscal year.\n(b) Unless the governing documents impose more stringent standards, the annual budget report shall include all of the following information:\n(1) A pro forma operating budget, showing the estimated revenue and expenses on an accrual basis.\n(2) A summary of the association\u2019s reserves, prepared pursuant to Section 5565.\n(3) A summary of the reserve funding plan adopted by the board, as specified in paragraph (5) of subdivision (b) of Section 5550. The summary shall include notice to members that the full reserve study plan is available upon request, and the association shall provide the full reserve plan to any member upon request.\n(4) A statement as to whether the board has determined to defer or not undertake repairs or replacement of any major component with a remaining life of 30 years or less, including a justification for the deferral or decision not to undertake the repairs or replacement.\n(5) A statement as to whether the board, consistent with the reserve funding plan adopted pursuant to Section 5560, has determined or anticipates that the levy of one or more special assessments will be required to repair, replace, or restore any major component or to provide adequate reserves therefor. If so, the statement shall also set out the estimated amount, commencement date, and duration of the assessment.\n(6) A statement as to the mechanism or mechanisms by which the board will fund reserves to repair or replace major components, including assessments, borrowing, use of other assets, deferral of selected replacements or repairs, or alternative mechanisms.\n(7) A general statement addressing the procedures used for the calculation and establishment of those reserves to defray the future repair, replacement, or additions to those major components that the association is obligated to maintain. The statement shall include, but need not be limited to, reserve calculations made using the formula described in paragraph (4) of subdivision (b) of Section 5570, and may not assume a rate of return on cash reserves in excess of 2 percent above the discount rate published by the Federal Reserve Bank of San Francisco at the time the calculation was made.\n(8) A statement as to whether the association has any outstanding loans with an original term of more than one year, including the payee, interest rate, amount outstanding, annual payment, and when the loan is scheduled to be retired.\n(9) A summary of the association\u2019s property, general liability, earthquake, flood, and fidelity insurance policies. For each policy, the summary shall include the name of the insurer, the type of insurance, the policy limit, and the amount of the deductible, if any. To the extent that any of the required information is specified in the insurance policy declaration page, the association may meet its obligation to disclose that information by making copies of that page and distributing it with the annual budget report. The summary distributed pursuant to this paragraph shall contain, in at least 10-point boldface type, the following statement:\n\n\n\u201cThis summary of the association\u2019s policies of insurance provides only certain information, as required by Section 5300 of the Civil Code, and should not be considered a substitute for the complete policy terms and conditions contained in the actual policies of insurance. Any association member may, upon request and provision of reasonable notice, review the association\u2019s insurance policies and, upon request and payment of reasonable duplication charges, obtain copies of those policies. Although the association maintains the policies of insurance specified in this summary, the association\u2019s policies of insurance may not cover your property, including personal property or real property improvements to or around your dwelling, or personal injuries or other losses that occur within or around your dwelling. Even if a loss is covered, you may nevertheless be responsible for paying all or a portion of any deductible that applies. Association members should consult with their individual insurance broker or agent for appropriate additional coverage.\u201d\n\n\n(10) When the common interest development is a condominium project, a statement describing the status of the common interest development as a Federal Housing Administration (FHA)-approved condominium project pursuant to FHA guidelines, including whether the common interest development is an FHA-approved condominium project. The statement shall be in at least 10-point font on a separate piece of paper and in the following form:\n\n\n\u201cCertification by the Federal Housing Administration may provide benefits to members of an association, including an improvement in an owner\u2019s ability to refinance a mortgage or obtain secondary financing and an increase in the pool of potential buyers of the separate interest.\nThis common interest development [is\/is not (circle one)] a condominium project. The association of this common interest development [is\/is not (circle one)] certified by the Federal Housing Administration.\u201d\n\n\n(11) When the common interest development is a condominium project, a statement describing the status of the common interest development as a federal Department of Veterans Affairs (VA)-approved condominium project pursuant to VA guidelines, including whether the common interest development is a VA-approved condominium project. The statement shall be in at least 10-point font on a separate piece of paper and in the following form:\n\n\n\u201cCertification by the federal Department of Veterans Affairs may provide benefits to members of an association, including an improvement in an owner\u2019s ability to refinance a mortgage or obtain secondary financing and an increase in the pool of potential buyers of the separate interest.\nThis common interest development [is\/is not (circle one)] a condominium project. The association of this common interest development [is\/is not (circle one)] certified by the federal Department of Veterans Affairs.\u201d\n\n\n(c) The annual budget report shall be made available to the members pursuant to Section 5320.\n(d) The summary of the association\u2019s reserves disclosed pursuant to paragraph (2) of subdivision (b) shall not be admissible in evidence to show improper financial management of an association, provided that other relevant and competent evidence of the financial condition of the association is not made inadmissible by this provision.\n(e) The Assessment and Reserve Funding Disclosure Summary form, prepared pursuant to Section 5570, shall accompany each annual budget report or summary of the annual budget report that is delivered pursuant to this article.\n(f) This section shall become operative on July 1, 2016.","title":""}
{"_id":"c496","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nThis act shall be known, and may be cited, as the Third Validating Act of 2015.\nSEC. 2.\nAs used in this act:\n(a) \u201cPublic body\u201d means all of the following:\n(1) The state and all departments, agencies, boards, commissions, and authorities of the state. Except as provided in paragraph (2), \u201cpublic body\u201d also means all cities, counties, cities and counties, districts, authorities, agencies, boards, commissions, and other entities, whether created by a general statute or a special act, including, but not limited to, the following:\nAgencies, boards, commissions, or entities constituted or provided for under or pursuant to the Joint Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code).\nAir pollution control districts of any kind.\nAir quality management districts.\nAirport districts.\nAssessment districts, benefit assessment districts, and special assessment districts of any public body.\nBridge and highway districts.\nCalifornia water districts.\nCitrus pest control districts.\nCity maintenance districts.\nCommunity college districts.\nCommunity development commissions in their capacity to act as a housing authority for other community development purposes of the jurisdiction in which the commission operates, except for any action taken with respect to the commission\u2019s authority to act as a community redevelopment agency.\nCommunity facilities districts.\nCommunity rehabilitation districts.\nCommunity services districts.\nConservancy districts.\nCotton pest abatement districts.\nCounty boards of education.\nCounty drainage districts.\nCounty flood control and water districts.\nCounty free library systems.\nCounty maintenance districts.\nCounty sanitation districts.\nCounty service areas.\nCounty transportation commissions.\nCounty water agencies.\nCounty water authorities.\nCounty water districts.\nCounty waterworks districts.\nDepartment of Water Resources and other agencies acting pursuant to Part 3 (commencing with Section 11100) of Division 6 of the Water Code.\nDistribution districts of any public body.\nDrainage districts.\nFire protection districts.\nFlood control and water conservation districts.\nFlood control districts.\nGarbage and refuse disposal districts.\nGarbage disposal districts.\nGeologic hazard abatement districts.\nHarbor districts.\nHarbor improvement districts.\nHarbor, recreation, and conservation districts.\nHealth care authorities.\nHighway districts.\nHighway interchange districts.\nHighway lighting districts.\nHousing authorities.\nImprovement districts or improvement areas of any public body.\nIndustrial development authorities.\nInfrastructure financing districts.\nIntegrated financing districts.\nIrrigation districts.\nJoint highway districts.\nLevee districts.\nLibrary districts.\nLibrary districts in unincorporated towns and villages.\nLocal agency formation commissions.\nLocal health care districts.\nLocal health districts.\nLocal hospital districts.\nLocal transportation authorities or commissions.\nMaintenance districts.\nMemorial districts.\nMetropolitan transportation commissions.\nMetropolitan water districts.\nMosquito abatement and vector control districts.\nMultifamily improvement districts.\nMunicipal improvement districts.\nMunicipal utility districts.\nMunicipal water districts.\nNonprofit corporations.\nNonprofit public benefit corporations.\nOpen-space maintenance districts.\nParking and business improvement areas.\nParking authorities.\nParking districts.\nPermanent road divisions.\nPest abatement districts.\nPolice protection districts.\nPort districts.\nProperty and business improvement areas.\nProtection districts.\nPublic cemetery districts.\nPublic utility districts.\nRapid transit districts.\nReclamation districts.\nRecreation and park districts.\nRegional justice facility financing agencies.\nRegional park and open-space districts.\nRegional planning districts.\nRegional transportation commissions.\nResort improvement districts.\nVehicle parking districts.\nWater agencies.\nWater authorities.\nWater conservation districts.\nWater districts.\nWater replenishment districts.\nWater storage districts.\nWatermaster districts.\nWine grape pest and disease control districts.\nZones, improvement zones, or service zones of any public body.\n(2) Notwithstanding paragraph (1), \u201cpublic body\u201d does not include any of the following:\n(A) A community redevelopment agency formed pursuant to the Community Redevelopment Law (Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code).\n(B) A community development commission, with respect to its exercise of the powers of a community redevelopment agency.\n(C) A joint powers authority that includes a community redevelopment agency or a community development commission as a member, with respect to its exercise of the powers of a community redevelopment agency.\n(b) \u201cBonds\u201d means all instruments evidencing an indebtedness of a public body incurred or to be incurred for any public purpose, all leases, installment purchase agreements, or similar agreements wherein the obligor is one or more public bodies, all instruments evidencing the borrowing of money in anticipation of taxes, revenues, or other income of that body, all instruments payable from revenues or special funds of those public bodies, all certificates of participation evidencing interests in the leases, installment purchase agreements, or similar agreements, and all instruments funding, refunding, replacing, or amending any thereof or any indebtedness.\n(c) \u201cHereafter\u201d means any time subsequent to the effective date of this act.\n(d) \u201cHeretofore\u201d means any time prior to the effective date of this act.\n(e) \u201cNow\u201d means the effective date of this act.\nSEC. 3.\nAll public bodies heretofore organized or existing under any law, or under color of any law, are hereby declared to have been legally organized and to be legally functioning as those public bodies. Every public body, heretofore described, shall have all the rights, powers, and privileges, and be subject to all the duties and obligations, of those public bodies regularly formed pursuant to law.\nSEC. 4.\nThe boundaries of every public body as heretofore established, defined, or recorded, or as heretofore actually shown on maps or plats used by the assessor, are hereby confirmed, validated, and declared legally established.\nSEC. 5.\nAll acts and proceedings heretofore taken by any public body or bodies under any law, or under color of any law, for the annexation or inclusion of territory into those public bodies or for the annexation of those public bodies to any other public body or for the detachment, withdrawal, or exclusion of territory from any public body or for the consolidation, merger, or dissolution of any public bodies are hereby confirmed, validated, and declared legally effective. This shall include all acts and proceedings of the governing board of any public body and of any person, public officer, board, or agency heretofore done or taken upon the question of the annexation or inclusion or of the withdrawal or exclusion of territory or the consolidation, merger, or dissolution of those public bodies.\nSEC. 6.\n(a) All acts and proceedings heretofore taken by or on behalf of any public body under any law, or under color of any law, for, or in connection with, the authorization, issuance, sale, execution, delivery, or exchange of bonds of any public body for any public purpose are hereby authorized, confirmed, validated, and declared legally effective. This shall include all acts and proceedings of the governing board of public bodies and of any person, public officer, board, or agency heretofore done or taken upon the question of the authorization, issuance, sale, execution, delivery, or exchange of bonds.\n(b) All bonds of, or relating to, any public body heretofore issued shall be, in the form and manner issued and delivered, the legal, valid, and binding obligations of the public body. All bonds of, or relating to, any public body heretofore awarded and sold to a purchaser and hereafter issued and delivered in accordance with the contract of sale and other proceedings for the award and sale shall be the legal, valid, and binding obligations of the public body. All bonds of, or relating to, any public body heretofore authorized to be issued by ordinance, resolution, order, or other action adopted or taken by or on behalf of the public body and hereafter issued and delivered in accordance with that authorization shall be the legal, valid, and binding obligations of the public body. All bonds of, or relating to, any public body heretofore authorized to be issued at an election and hereafter issued and delivered in accordance with that authorization shall be the legal, valid, and binding obligations of the public body. Whenever an election has heretofore been called for the purpose of submitting to the voters of any public body the question of issuing bonds for any public purpose, those bonds, if hereafter authorized by the required vote and in accordance with the proceedings heretofore taken, and issued and delivered in accordance with that authorization, shall be the legal, valid, and binding obligations of the public body.\nSEC. 7.\n(a) This act shall operate to supply legislative authorization as may be necessary to authorize, confirm, and validate any acts and proceedings heretofore taken pursuant to authority the Legislature could have supplied or provided for in the law under which those acts or proceedings were taken.\n(b) This act shall be limited to the validation of acts and proceedings to the extent that the same can be effectuated under the California Constitution and the United States Constitution.\n(c) This act shall not operate to authorize, confirm, validate, or legalize any act, proceeding, or other matter being legally contested or inquired into in any legal proceeding now pending and undetermined or that is pending and undetermined during the period of 30 days from and after the effective date of this act.\n(d) This act shall not operate to authorize, confirm, validate, or legalize any act, proceeding, or other matter that has heretofore been determined in any legal proceeding to be illegal, void, or ineffective.\n(e) This act shall not operate to authorize, confirm, validate, or legalize a contract between any public body and the United States.\nSEC. 8.\nAny action or proceeding contesting the validity of any action or proceeding heretofore taken under any law, or under color of any law, for the formation, organization, or incorporation of any public body, or for any annexation thereto, detachment or exclusion therefrom, or other change of boundaries thereof, or for the consolidation, merger, or dissolution of any public bodies, or for, or in connection with, the authorization, issuance, sale, execution, delivery, or exchange of bonds thereof upon any ground involving any alleged defect or illegality not effectively validated by the prior provisions of this act and not otherwise barred by any statute of limitations or by laches shall be commenced within six months of the effective date of this act, otherwise each and all of those matters shall be held to be valid and in every respect legal and incontestable. This act shall not extend the period allowed for legal action beyond the period that it would be barred by any presently existing valid statute of limitations.\nSEC. 9.\nNothing contained in this act shall be construed to render the creation of any public body, or any change in the boundaries of any public body, effective for purposes of assessment or taxation unless the statement, together with the map or plat, required to be filed pursuant to Chapter 8 (commencing with Section 54900) of Part 1 of Division 2 of Title 5 of the Government Code, is filed within the time and substantially in the manner required by those sections.","title":""}
{"_id":"c10","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\n(a) The Legislature finds and declares all of the following:\n(1) Teachers in state-funded educational child development programs are denied living wages.\n(2) Low wages for the predominantly female staff of these programs contributes significantly to the gender pay gap in California.\n(3) Many nonprofit, community-based child development agencies are unable to provide employer-paid health insurance to their employees and their families.\n(4) There is a steady stream of both school district and nonprofit agencies closing their child development programs.\n(5) The cause of these problems is an inadequate standard reimbursement rate for state-funded child development centers, due to a 34-year history of either no annual cost-of-living adjustment (COLA) or substandard raises. The lack of adequate COLAs has cut the buying power, wages, and benefits in these agencies by 22 percent since 1980, and has bankrupted programs.\n(b) (1) It is the intent of the Legislature to both consistently provide these state-funded child development programs with annual cost-of-living adjustments equal to the inflation adjustments given to K\u201312 education programs, and to take additional steps to rebuild wages, benefits, and financial stability in these programs.\n(2) It is the intent of the Legislature to eliminate gender pay inequity in wages for the predominantly female and college educated staff of these programs.\n(3) It is the intent of the Legislature to ensure and enhance the ability of these programs for young children to meet the high educational standards required by state and federal law and regulations, and to retain skilled and trained teachers by increasing the standard reimbursement rate.\nSECTION 1.\nSEC. 2.\nSection 8265 of the Education Code is amended to read:\n8265.\n(a) The Superintendent shall implement a plan that establishes reasonable standards and assigned reimbursement rates, which vary with the length of the program year and the hours of service.\n(1) Parent fees shall be used to pay reasonable and necessary costs for providing additional services.\n(2) When establishing standards and assigned reimbursement rates, the Superintendent shall confer with applicant agencies.\n(3) The reimbursement system, including standards and rates, shall be submitted to the Joint Legislative Budget Committee.\n(4) The Superintendent may establish any regulations he or she deems advisable concerning conditions of service and hours of enrollment for children in the programs.\n(b)\n(1)\nThe standard reimbursement rate shall be nine thousand twenty-four dollars and seventy-five cents ($9,024.75) per unit of average daily enrollment for a 250-day year, and commencing with the 2015\u201316 fiscal year, shall be increased by the cost-of-living adjustment granted by the Legislature annually pursuant to Section 42238.15.\nThe standard reimbursement rate is not intended to fund mandated costs imposed upon child development programs due to actions of law relating to minimum wage requirements, health insurance requirements, new or increased fees, new or expanded program requirements, or other cost increases due to legislative action.\n(2) In addition to the increase in paragraph (1), the standard reimbursement rate shall be raised as needed to provide a living wage, reasonable health insurance, and retirement benefits for employees, to support the recruitment and retention of skilled and trained teachers, to support the financial stability of programs and educational quality, and to achieve gender pay equity.\n(3) For purposes of this subdivision, \u201ccost-of-living adjustment\u201d means an annual increase in funding and the standard reimbursement rate to maintain buying power as the result of inflation. Notwithstanding any other law, for each fiscal year, the amount of cost-of-living adjustment provided by Section 42238.15 shall at least be equal to the amount of the inflation adjustment provided by Section 42238.1.\n(c) The plan shall require agencies having an assigned reimbursement rate above the current year standard reimbursement rate to reduce costs on an incremental basis to achieve the standard reimbursement rate.\n(d) The plan shall provide for adjusting reimbursement on a case-by-case basis, in order to maintain service levels for agencies currently at a rate less than the standard reimbursement rate. Assigned reimbursement rates shall be increased only on the basis of one or more of the following:\n(1) Loss of program resources from other sources.\n(2) Need of an agency to pay the same child care rates as those prevailing in the local community.\n(3) Increased costs directly attributable to new or different regulations.\n(4) (A) Documented increased costs necessary to maintain the prior year\u2019s level of service and ensure the continuation of threatened programs.\n(B) Child care agencies funded at the lowest rates shall be given first priority for increases.\n(e) The plan shall provide for expansion of child development programs at no more than the standard reimbursement rate for that fiscal year.\n(f) The Superintendent may reduce the percentage of reduction for a public agency that satisfies any of the following:\n(1) Serves more than 400 children.\n(2) Has in effect a collective bargaining agreement.\n(3) Has other extenuating circumstances that apply, as determined by the Superintendent.","title":""}
{"_id":"c58","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nIt is the intent of the Legislature that unencumbered restitution funds awarded to the state from a lawsuit involving Corinthian Colleges, Inc., and its affiliate institutions, including Heald College, shall be used to repay any funds provided to students pursuant to this act.\nSEC. 2.\nSection 69433.61 is added to the Education Code, to read:\n69433.61.\n(a) Notwithstanding any other law, a student who was enrolled and received a Cal Grant award in the 2013\u201314 or 2014\u201315 academic year at a California campus of Heald College, and was unable to complete an educational program offered by the campus due to the campus\u2019 closure on April 27, 2015, shall not have the award years used at a Heald College campus considered for purposes of the limitation on the number of years of Cal Grant award eligibility. This restoration of award years for Cal Grant eligibility shall not exceed two years.\n(b) A student shall be eligible for the restoration of award years if the student was enrolled at a campus of Heald College on April 27, 2015, or withdrew from enrollment between July 1, 2014, and April 27, 2015. The Bureau for Private Postsecondary Education shall provide the commission with information, if available, to confirm student enrollment for purposes of this section.\n(c) An eligible student shall, before January 1, 2017, notify the commission of his or her intent to use the restoration of award years provided under this section and to enroll in an institution eligible for initial and renewal Cal Grant awards to be eligible for that restoration.\nSEC. 3.\nSection 69999.19 is added to the Education Code, to read:\n69999.19.\n(a) Notwithstanding any other law, a student who was enrolled and received a California National Guard Education Assistance Award in the 2013\u201314 or 2014\u201315 academic year at a California campus of Heald College, and was unable to complete an educational program offered by the campus due to the campus\u2019 closure on April 27, 2015, shall not have the award years used at a Heald College campus considered for purposes of the limitation on the number of years of California National Guard Education Assistance Award eligibility. This restoration of award years for California National Guard Education Assistance Award eligibility shall not exceed two years.\n(b) A student shall be eligible for the restoration of award years if the student was enrolled at a campus of Heald College on April 27, 2015, or withdrew from enrollment between July 1, 2014, and April 27, 2015. The Bureau for Private Postsecondary Education shall provide the commission with information, if available, to confirm student enrollment for purposes of this section.\n(c) An eligible student shall, before January 1, 2017, notify the commission of his or her intent to use the restoration of award years provided under this section and to enroll in an institution eligible for initial and renewal California National Guard Education Assistance Awards to be eligible for that restoration.\nSEC. 4.\nSection 94051 is added to the Education Code, to read:\n94051.\nNotwithstanding any provision of law, for a period not to exceed two years from the date of the closure of Corinthian Colleges, Inc., a state agency that provides certification, registration, or licensure necessary to promote the safety and protection of the public may, on a case-by-case basis, consider for certification, registration, or licensure students who were enrolled in a program of Corinthian Colleges, Inc., that provided education or training aimed towards these students receiving certification, registration, or licensure from the state agency, and who did not receive that certification, registration, or licensure due to the closure of Corinthian Colleges, Inc. This consideration shall be provided at the discretion of the state agency in accordance with its public protection mandate and applicable criteria established by the agency for consumer safety.\nSEC. 5.\nSection 94925 of the Education Code is amended to read:\n94925.\n(a) The amount in the Student Tuition Recovery Fund shall not exceed thirty million dollars ($30,000,000) at any time.\n(b) If the bureau has temporarily stopped collecting the Student Tuition Recovery Fund assessments because the fund has approached the thirty million dollar (30,000,000) limit in subdivision (a), the bureau shall resume collecting Student Tuition Recovery Fund assessments when the fund falls below twenty million dollars ($20,000,000).\n(c) An otherwise eligible student who enrolled during a period when institutions were not required to collect Student Tuition Recovery Fund assessments is eligible for Student Tuition Recovery Fund payments despite not having paid any Student Tuition Recovery Fund assessment.\nSEC. 6.\nSection 94926.5 is added to the Education Code, to read:\n94926.5.\n(a) The Legislature finds and declares all of the following:\n(1) Corinthian Colleges, Inc., has been the target of consumer and taxpayer protection enforcement efforts by the federal government, the Attorney General, and other state and federal authorities.\n(2) Based on findings of harm to students enrolled at Corinthian Colleges, Inc., campuses, the United States Department of Education has announced debt relief programs to assist students, including all of the following:\n(A) A student who attended a Corinthian Colleges, Inc., campus that closed on April 27, 2015, and withdrew any time after June 20, 2014, is eligible to apply for a closed school loan discharge, so long as the student does not transfer earned credit and subsequently complete a comparable program at another institution.\n(B) A student who believes he or she was a victim of fraud or other violations of state law by Corinthian Colleges, Inc., can apply for debt relief under borrower defense to repayment. The United States Department of Education has determined that Corinthian Colleges, Inc., misrepresented job placement rates for a majority of programs at its Heald College campuses between 2010 and 2014 and is in the process of establishing a specific process for federal loan discharge for these Heald students.\n(C) A Corinthian student who intends to submit a borrower defense claim may request loan forbearance while a claims review process is established and his or her claim is reviewed.\n(3) Pursuant to Section 94923, the Student Tuition Recovery Fund exists to relieve or mitigate a student\u2019s economic loss caused by a documented violation of certain laws or by institutional closure, as specified.\n(4) On October 10, 2013, the Attorney General filed a lawsuit against Corinthian Colleges, Inc., for false and predatory advertising, intentional misrepresentations to students, securities fraud, and unlawful use of military seals in advertisements, in violation of the 2007 final judgment of the Los Angeles Superior Court in the People of the State of California v. Corinthian Schools, Inc.\n(5) On April 16, 2015, the bureau issued an emergency decision ordering Corinthian Colleges, Inc., to cease enrollment of any new students in all programs at Everest College and WyoTech locations in California effective upon close of business April 23, 2015.\n(6) It is consistent with the purpose of the Student Tuition Recovery Fund to provide assistance to Corinthian Colleges, Inc., students to obtain federal and private loan discharge and other financial aid relief.\n(b) Upon appropriation by the Legislature, in response to the student harm caused by the practices and unlawful closure of Corinthian Colleges, Inc., grant funds shall be timely provided in accordance with this section to eligible nonprofit community service organizations, to assist the eligible students of that closed institution, including veterans, by relieving or mitigating the economic and educational opportunity loss incurred by eligible students of that institution.\n(c) Services provided by eligible nonprofit community services organizations shall include assistance with loan discharge and other student financial aid, veterans education benefits, loan-related relief, and tuition recovery-related claims. Assistance may include, but is not limited to, outreach and education, screening requests for assistance, referring students for additional legal assistance through pro bono referral programs, and legal services.\n(d) The terms and conditions of the grant agreements shall ensure that grant funds are used for the exclusive purpose of assisting eligible students with federal and private loan discharge and other financial aid relief, and that students eligible to claim recovery through the Student Tuition Recovery Fund are referred to the bureau for assistance with claim processing.\n(e) For purposes of this section, an \u201celigible nonprofit community service organization\u201d is an organization that satisfies all of the following conditions:\n(1) The organization is a 501(c)(3) tax-exempt organization in good standing with the Internal Revenue Service and in compliance with all applicable laws and requirements.\n(2) The organization demonstrates expertise in assisting students with, and currently provides free direct legal services to students for, or will work in partnership with or under the supervision of an attorney or a nonprofit legal services organization that has demonstrated expertise in assisting students with, student loan and tuition recovery-related matters.\n(3) The organization does not charge students for services, including services provided pursuant to this section.\n(f) For purposes of this section, an \u201celigible student\u201d is a student who was enrolled at a California campus of, or a California student who was enrolled in an online campus of, a Corinthian Colleges, Inc., institution, and who is eligible to apply for debt relief from the United States Department of Education or other student financial aid relief.\n(g) (1) The bureau shall notify the Attorney General of all unlawful Corinthian Colleges, Inc., closures within 15 days of the effective date of this section.\n(2) The notification shall include the name and location of the school, the programs, and the number of students affected at each site of the school, as appropriate. The bureau shall provide the Attorney General with all additional information that the Attorney General may request, provided that the bureau has access to the requested information.\n(3) The Attorney General shall, within 90 days of receipt of the notification, solicit grant applications from eligible nonprofit community service organizations as described in subdivision (e), select one or more of these organizations from among the applicants who are deemed to be qualified by the Attorney General, set additional terms and conditions of the grants as necessary, and notify the bureau and the recipient organization or organizations of the selection and the share of grant funds available that the organization shall receive. The Attorney General may enter into a contract with another qualified entity to perform the Attorney General\u2019s duties under this subdivision.\n(h) An eligible nonprofit community service organization that receives funds pursuant to this section shall enter into a grant agreement with the Attorney General, or a qualified entity entrusted with this authority pursuant to paragraph (3) of subdivision (g), as applicable, and shall use grant funds exclusively for the purposes set forth in this section in accordance with the agreement. Any unused funds shall be returned to the Attorney General, for return to the Student Tuition Recovery Fund. The Attorney General, or a contracted qualified entity, may terminate the grant agreement for material breach, and may require repayment of funds provided to the nonprofit community service organization during the time that the agreement was being materially breached. However, the Attorney General, or a qualified entity, shall provide the grantee with written notice of the breach and a reasonable opportunity of not less than 30 days to resolve the breach.\n(i) An eligible nonprofit community service organization that receives a grant may give priority to low-income students if demand exceeds available grant funds. Otherwise, the organization may provide assistance regardless of student income level.\n(j) (1) An eligible nonprofit community service organization that receives a grant shall report to the Attorney General, or a qualified entity pursuant to paragraph (3) of subdivision (g), as applicable, quarterly through the grant period on all of the following:\n(A) The number of eligible students served pursuant to the grant agreement.\n(B) A detailed summary of services provided to those students.\n(C) The number of Student Tuition Recovery Fund claims referred to the bureau.\n(D) The number of federal loan forgiveness claims filed and the number of those claims approved, denied, and pending.\n(E) Any other information that is deemed appropriate by the Attorney General or qualified entity, as applicable.\n(2) The Attorney General or qualified entity, as applicable, shall make the reports submitted pursuant to paragraph (1) available to the Legislature and the bureau upon request.\n(3) The Attorney General or qualified entity, as applicable, shall provide the Legislature and the bureau a final report summarizing the information submitted pursuant to paragraph (1) promptly following the time when all funds are expended by the grantees or by August 1, 2018, whichever is earlier.\n(k) Funds shall be distributed to preapproved nonprofit community service organizations as follows:\n(1) Fifty percent shall be distributed to the grantee within 30 days of the grantee entering into a grant agreement.\n(2) Twenty-five percent shall be distributed to the grantee upon the submission of the grantee\u2019s second quarterly report.\n(3) Twenty-five percent shall be distributed to the grantee upon the submission of the grantee\u2019s third quarterly report.\n(l) Eligible nonprofit community service organizations may use grant funds received pursuant to this section to pay the costs of assisting eligible students who have been served after the date of closure until June 30, 2018, or until any later date as may be determined necessary by the Attorney General.\n(m) The adoption of any regulation pursuant to this section shall be deemed to be an emergency and necessary for the immediate preservation of the public health and safety, or general welfare.\nSEC. 7.\n(a) The sum of one million three hundred thousand dollars ($1,300,000) is hereby appropriated from the Student Tuition Recovery Fund to the Attorney General for the purposes of providing grants pursuant to Section 94926.5 of the Education Code, and to pay an amount not to exceed one hundred fifty thousand dollars ($150,000) for the reasonable administrative costs of the Attorney General\u2019s office related to these grants.\nSEC. 8.\nThis 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:\nIn order to provide immediate educational and economic relief to the thousands of students harmed by the closure of Corinthian Colleges, Inc., it is necessary for this act to take effect immediately.","title":""}
{"_id":"c127","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 12945.2 of the Government Code is amended to read:\n12945.2.\n(a) Except as provided in subdivision (b), it is an unlawful employment practice for an employer to refuse to grant a request by any employee with more than 12 months of service with the employer, and who has at least 1,250 hours of service with the employer during the previous 12-month period, to take up to a total of 12 workweeks in any 12-month period for family care and medical leave. Family care and medical leave requested pursuant to this subdivision shall not be deemed to have been granted unless the employer provides the employee, upon granting the leave request, a guarantee of employment in the same or a comparable position upon the termination of the leave. The commission shall adopt a regulation specifying the elements of a reasonable request.\n(b) Notwithstanding subdivision (a), it shall not be an unlawful employment practice for an employer to refuse to grant a request for family care and medical leave by an employee if the employer employs fewer than 50 employees within 75 miles of the worksite where that employee is employed.\n(c) For purposes of this section:\n(1) \u201cChild\u201d means a biological, adopted, or foster son or daughter, a stepchild, a legal ward, a son or daughter of a domestic partner, or a person to whom the employee stands in loco parentis.\n(2) \u201cEmployer\u201d means either of the following:\n(A) Any person who directly employs 50 or more persons to perform services for a wage or salary.\n(B) The state, and any political or civil subdivision of the state and cities.\n(3) \u201cFamily care and medical leave\u201d means any of the following:\n(A) Leave for reason of the birth of a child of the employee or the placement of a child with an employee in connection with the adoption or foster care of the child by the employee.\n(B) Leave to care for a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner who has a serious health condition.\n(C) Leave because of an employee\u2019s own serious health condition that makes the employee unable to perform the functions of the position of that employee, except for leave taken for disability on account of pregnancy, childbirth, or related medical conditions.\n(4) \u201cEmployment in the same or a comparable position\u201d means employment in a position that has the same or similar duties and pay that can be performed at the same or similar geographic location as the position held prior to the leave.\n(5) \u201cFMLA\u201d means the federal Family and Medical Leave Act of 1993 (Public Law 103-3; 29 U.S.C. Sec. 2601 et seq.).\n(6) \u201cHealth care provider\u201d means any of the following:\n(A) An individual holding either a physician\u2019s and surgeon\u2019s certificate issued pursuant to Article 4 (commencing with Section 2080) of Chapter 5 of Division 2 of the Business and Professions Code, an osteopathic physician\u2019s and surgeon\u2019s certificate issued pursuant to Article 4.5 (commencing with Section 2099.5) of Chapter 5 of Division 2 of the Business and Professions Code, or an individual duly licensed as a physician, surgeon, or osteopathic physician or surgeon in another state or jurisdiction, who directly treats or supervises the treatment of the serious health condition.\n(B) Any other person determined by the United States Secretary of Labor to be capable of providing health care services under the FMLA.\n(7) \u201cParent\u201d means a biological, foster, or adoptive parent, a parent-in-law, a stepparent, a legal guardian, or other person who stood in loco parentis to the employee when the employee was a child.\n(8) \u201cSerious health condition\u201d means an illness, injury, impairment, or physical or mental condition that involves either of the following:\n(A) Inpatient care in a hospital, hospice, or residential health care facility.\n(B) Continuing treatment or continuing supervision by a health care provider.\n(d) An employer shall not be required to pay an employee for any leave taken pursuant to subdivision (a), except as required by subdivision (e).\n(e) An employee taking a leave permitted by subdivision (a) may elect, or an employer may require the employee, to substitute, for leave allowed under subdivision (a), any of the employee\u2019s accrued vacation leave or other accrued time off during this period or any other paid or unpaid time off negotiated with the employer. If an employee takes a leave because of the employee\u2019s own serious health condition, the employee may also elect, or the employer may also require the employee, to substitute accrued sick leave during the period of the leave. However, an employee shall not use sick leave during a period of leave in connection with the birth, adoption, or foster care of a child, or to care for a child, parent, or spouse with a serious health condition, unless mutually agreed to by the employer and the employee.\n(f) (1) During any period that an eligible employee takes leave pursuant to subdivision (a) or takes leave that qualifies as leave taken under the FMLA, the employer shall maintain and pay for coverage under a \u201cgroup health plan,\u201d as defined in Section 5000(b)(1) of the Internal Revenue Code, for the duration of the leave, not to exceed 12 workweeks in a 12-month period, commencing on the date leave taken under the FMLA commences, at the level and under the conditions coverage would have been provided if the employee had continued in employment continuously for the duration of the leave. Nothing in the preceding sentence shall preclude an employer from maintaining and paying for coverage under a \u201cgroup health plan\u201d beyond 12 workweeks. An employer may recover the premium that the employer paid as required by this subdivision for maintaining coverage for the employee under the group health plan if both of the following conditions occur:\n(A) The employee fails to return from leave after the period of leave to which the employee is entitled has expired.\n(B) The employee\u2019s failure to return from leave is for a reason other than the continuation, recurrence, or onset of a serious health condition that entitles the employee to leave under subdivision (a) or other circumstances beyond the control of the employee.\n(2) (A) Any employee taking leave pursuant to subdivision (a) shall continue to be entitled to participate in employee health plans for any period during which coverage is not provided by the employer under paragraph (1), employee benefit plans, including life insurance or short-term or long-term disability or accident insurance, pension and retirement plans, and supplemental unemployment benefit plans to the same extent and under the same conditions as apply to an unpaid leave taken for any purpose other than those described in subdivision (a). In the absence of these conditions an employee shall continue to be entitled to participate in these plans and, in the case of health and welfare employee benefit plans, including life insurance or short-term or long-term disability or accident insurance, or other similar plans, the employer at his or her discretion, may require the employee to pay premiums, at the group rate, during the period of leave not covered by any accrued vacation leave, or other accrued time off, or any other paid or unpaid time off negotiated with the employer, as a condition of continued coverage during the leave period. However, the nonpayment of premiums by an employee shall not constitute a break in service, for purposes of longevity, seniority under any collective bargaining agreement, or any employee benefit plan.\n(B) For purposes of pension and retirement plans, an employer shall not be required to make plan payments for an employee during the leave period, and the leave period shall not be required to be counted for purposes of time accrued under the plan. However, an employee covered by a pension plan may continue to make contributions in accordance with the terms of the plan during the period of the leave.\n(g) During a family care and medical leave period, the employee shall retain employee status with the employer, and the leave shall not constitute a break in service, for purposes of longevity, seniority under any collective bargaining agreement, or any employee benefit plan. An employee returning from leave shall return with no less seniority than the employee had when the leave commenced, for purposes of layoff, recall, promotion, job assignment, and seniority-related benefits such as vacation.\n(h) If the employee\u2019s need for a leave pursuant to this section is foreseeable, the employee shall provide the employer with reasonable advance notice of the need for the leave.\n(i) If the employee\u2019s need for leave pursuant to this section is foreseeable due to a planned medical treatment or supervision, the employee shall make a reasonable effort to schedule the treatment or supervision to avoid disruption to the operations of the employer, subject to the approval of the health care provider of the individual requiring the treatment or supervision.\n(j) (1) An employer may require that an employee\u2019s request for leave to care for a child, a spouse, or a parent who has a serious health condition be supported by a certification issued by the health care provider of the individual requiring care. That certification shall be sufficient if it includes all of the following:\n(A) The date on which the serious health condition commenced.\n(B) The probable duration of the condition.\n(C) An estimate of the amount of time that the health care provider believes the employee needs to care for the individual requiring the care.\n(D) A statement that the serious health condition warrants the participation of a family member to provide care during a period of the treatment or supervision of the individual requiring care.\n(2) Upon expiration of the time estimated by the health care provider in subparagraph (C) of paragraph (1), the employer may require the employee to obtain recertification, in accordance with the procedure provided in paragraph (1), if additional leave is required.\n(k) (1) An employer may require that an employee\u2019s request for leave because of the employee\u2019s own serious health condition be supported by a certification issued by his or her health care provider. That certification shall be sufficient if it includes all of the following:\n(A) The date on which the serious health condition commenced.\n(B) The probable duration of the condition.\n(C) A statement that, due to the serious health condition, the employee is unable to perform the function of his or her position.\n(2) The employer may require that the employee obtain subsequent recertification regarding the employee\u2019s serious health condition on a reasonable basis, in accordance with the procedure provided in paragraph (1), if additional leave is required.\n(3) (A) In any case in which the employer has reason to doubt the validity of the certification provided pursuant to this section, the employer may require, at the employer\u2019s expense, that the employee obtain the opinion of a second health care provider, designated or approved by the employer, concerning any information certified under paragraph (1).\n(B) The health care provider designated or approved under subparagraph (A) shall not be employed on a regular basis by the employer.\n(C) In any case in which the second opinion described in subparagraph (A) differs from the opinion in the original certification, the employer may require, at the employer\u2019s expense, that the employee obtain the opinion of a third health care provider, designated or approved jointly by the employer and the employee, concerning the information certified under paragraph (1).\n(D) The opinion of the third health care provider concerning the information certified under paragraph (1) shall be considered to be final and shall be binding on the employer and the employee.\n(4) As a condition of an employee\u2019s return from leave taken because of the employee\u2019s own serious health condition, the employer may have a uniformly applied practice or policy that requires the employee to obtain certification from his or her health care provider that the employee is able to resume work. Nothing in this paragraph shall supersede a valid collective bargaining agreement that governs the return to work of that employee.\n(l) It shall be an unlawful employment practice for an employer to refuse to hire, or to discharge, fine, suspend, expel, or discriminate against, any individual because of any of the following:\n(1) An individual\u2019s exercise of the right to family care and medical leave provided by subdivision (a).\n(2) An individual\u2019s giving information or testimony as to his or her own family care and medical leave, or another person\u2019s family care and medical leave, in any inquiry or proceeding related to rights guaranteed under this section.\n(m) This section shall not be construed to require any changes in existing collective bargaining agreements during the life of the contract, or until January 1, 1993, whichever occurs first.\n(n) The amendments made to this section by Chapter 827 of the Statutes of 1993 shall not be construed to require any changes in existing collective bargaining agreements during the life of the contract, or until February 5, 1994, whichever occurs first.\n(o) This section shall be construed as separate and distinct from Section 12945.\n(p) Leave provided for pursuant to this section may be taken in one or more periods. The 12-month period during which 12 workweeks of leave may be taken under this section shall run concurrently with the 12-month period under the FMLA, and shall commence the date leave taken under the FMLA commences.\n(q) (1) Notwithstanding subdivision (a), an employer may refuse to reinstate an employee returning from leave to the same or a comparable position if all of the following apply:\n(A) The employee is a salaried employee who is among the highest paid 10 percent of the employer\u2019s employees who are employed within 75 miles of the worksite at which that employee is employed.\n(B) The refusal is necessary to prevent substantial and grievous economic injury to the operations of the employer.\n(C) The employer notifies the employee of the intent to refuse reinstatement at the time the employer determines the refusal is necessary under subparagraph (B).\n(2) In any case in which the leave has already commenced, the employer shall give the employee a reasonable opportunity to return to work following the notice prescribed by subparagraph (C).\n(r) Leave taken by an employee pursuant to this section shall run concurrently with leave taken pursuant to the FMLA, except for any leave taken under the FMLA for disability on account of pregnancy, childbirth, or related medical conditions. The aggregate amount of leave taken under this section or the FMLA, or both, except for leave taken for disability on account of pregnancy, childbirth, or related medical conditions, shall not exceed 12 workweeks in a 12-month period. An employee is entitled to take, in addition to the leave provided for under this section and the FMLA, the leave provided for in Section 12945, if the employee is otherwise qualified for that leave.\n(s) It is an unlawful employment practice for an employer to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right provided under this section.","title":""}
{"_id":"c359","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 6213 of the Business and Professions Code is amended to read:\n6213.\nAs used in this article:\n(a) \u201cQualified legal services project\u201d means either of the following:\n(1) A nonprofit project incorporated and operated exclusively in California that provides as its primary purpose and function legal services without charge to indigent persons and that has quality control procedures approved by the State Bar of California.\n(2) A program operated exclusively in California by a nonprofit law school accredited by the State Bar of California that meets the requirements of subparagraphs (A) and (B).\n(A) The program shall have operated for at least two years at a cost of at least twenty thousand dollars ($20,000) per year as an identifiable law school unit with a primary purpose and function of providing legal services without charge to indigent persons.\n(B) The program shall have quality control procedures approved by the State Bar of California.\n(b) \u201cQualified support center\u201d means an incorporated nonprofit legal services center that has as its primary purpose and function the provision of legal training, legal technical assistance, or advocacy support without charge and which actually provides through an office in California a significant level of legal training, legal technical assistance, or advocacy support without charge to qualified legal services projects on a statewide basis in California.\n(c) \u201cRecipient\u201d means a qualified legal services project or support center receiving financial assistance under this article.\n(d) \u201cIndigent person\u201d means a person whose income is (1) 125 percent or less of the current poverty threshold established by the United States Office of Management and Budget, or (2) who is eligible for Supplemental Security Income or free services under the Older Americans Act or Developmentally Disabled Assistance Act. With regard to a project that provides free services of attorneys in private practice without compensation, \u201cindigent person\u201d also means a person whose income is 75 percent or less of the maximum levels of income for lower income households as defined in Section 50079.5 of the Health and Safety Code. For the purpose of this subdivision, the income of a person who is disabled shall be determined after deducting the costs of medical and other disability-related special expenses.\n(e) \u201cFee generating case\u201d means a case or matter that, if undertaken on behalf of an indigent person by an attorney in private practice, reasonably may be expected to result in payment of a fee for legal services from an award to a client, from public funds, or from the opposing party. A case shall not be considered fee generating if adequate representation is unavailable and any of the following circumstances exist:\n(1) The recipient has determined that free referral is not possible because of any of the following reasons:\n(A) The case has been rejected by the local lawyer referral service, or if there is no such service, by two attorneys in private practice who have experience in the subject matter of the case.\n(B) Neither the referral service nor any attorney will consider the case without payment of a consultation fee.\n(C) The case is of the type that attorneys in private practice in the area ordinarily do not accept, or do not accept without prepayment of a fee.\n(D) Emergency circumstances compel immediate action before referral can be made, but the client is advised that, if appropriate and consistent with professional responsibility, referral will be attempted at a later time.\n(2) Recovery of damages is not the principal object of the case and a request for damages is merely ancillary to an action for equitable or other nonpecuniary relief, or inclusion of a counterclaim requesting damages is necessary for effective defense or because of applicable rules governing joinder of counterclaims.\n(3) A court has appointed a recipient or an employee of a recipient pursuant to a statute or a court rule or practice of equal applicability to all attorneys in the jurisdiction.\n(4) The case involves the rights of a claimant under a publicly supported benefit program for which entitlement to benefit is based on need.\n(f) \u201cLegal Services Corporation\u201d means the Legal Services Corporation established under the Legal Services Corporation Act of 1974 (P.L. 93-355; 42 U.S.C. Sec. 2996 et seq.).\n(g) \u201cOlder Americans Act\u201d means the Older Americans Act of 1965, as amended (P.L. 89-73; 42 U.S.C. Sec. 3001 et seq.).\n(h) \u201cDevelopmentally Disabled Assistance Act\u201d means the Developmentally Disabled Assistance and Bill of Rights Act, as amended (P.L. 94-103; 42 U.S.C. Sec. 6001 et seq.).\n(i) \u201cSupplemental security income recipient\u201d means an individual receiving or eligible to receive payments under Title XVI of the federal Social Security Act, or payments under Chapter 3 (commencing with Section 12000) of Part 3 of Division 9 of the Welfare and Institutions Code.\n(j) \u201cIOLTA account\u201d means an account or investment product established and maintained pursuant to subdivision (a) of Section 6211 that is any of the following:\n(1) An interest-bearing checking account.\n(2) An investment sweep product that is a daily (overnight) financial institution repurchase agreement or an open-end money market fund.\n(3) An investment product authorized by California Supreme Court rule or order.\nA daily financial institution repurchase agreement shall be fully collateralized by United States Government Securities or other comparably conservative debt securities, and may be established only with any eligible institution that is \u201cwell-capitalized\u201d or \u201cadequately capitalized\u201d as those terms are defined by applicable federal statutes and regulations. An open-end money market fund shall be invested solely in United States Government Securities or repurchase agreements fully collateralized by United States Government Securities or other comparably conservative debt securities, shall hold itself out as a \u201cmoney market fund\u201d as that term is defined by federal statutes and regulations under the Investment Company Act of 1940 (15 U.S.C. Sec. 80a-1 et seq.), and, at the time of the investment, shall have total assets of at least two hundred fifty million dollars ($250,000,000).\n(k) \u201cEligible institution\u201d means either of the following:\n(1) A bank, savings and loan, or other financial institution regulated by a federal or state agency that pays interest or dividends\nin\non\nthe IOLTA account and carries deposit insurance from an agency of the federal government.\n(2) Any other type of financial institution authorized by the California Supreme Court.","title":""}
{"_id":"c5","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\n(a) It is the intent of the Legislature to clarify that pawnbrokers and other secondhand dealers are to report their acquisition of tangible personal property received in pledge, trade, consignment, or auction or by purchase using plain text, in descriptive language historically used in the pawn and secondhand industries when reporting to the single, statewide, and uniform electronic reporting system operated by the Department of Justice, or if not yet implemented in their respective jurisdictions, on paper forms sent to the local police chief or sheriff of the jurisdiction in which the secondhand dealer is physically located.\n(b) It is further the intent of the Legislature that by specifying this manner of reporting, it will relieve all secondhand dealers and pawnbrokers of the inherent costs and burdens imposed under existing law that requires these businesses to report their daily acquisitions of secondhand tangible personal property on paper forms limited to a single transaction, or where the electronic reporting system is implemented, the cost associated with converting industry standard descriptions to specific law enforcement categories, the ongoing costs of training to that standard, and the costs of implementing software to maintain that standard.\n(c) Further, it is the intent of the Legislature that the Department of Justice shall continue to accept the plain text descriptive language historically used in the pawn and secondhand industries and may provide article field descriptors to secondhand dealers in order to facilitate communication between the single, statewide, and uniform electronic reporting system and law enforcement databases. It is the intent of the Legislature that only properly trained law enforcement personnel of the Department of Justice or local law enforcement classify and encode for law enforcement databases property reported by pawnbrokers and secondhand dealers.\nSEC. 2.\nSection 21627.5 is added to the Business and Professions Code, to read:\n21627.5.\n\u201cCAPSS\u201d means the California Pawn and SecondhandDealer System, which is a single, statewide, uniform electronic reporting system that receives secondhand dealer reports and is operated by the Department of Justice consistent with Resolution Chapter 16 of the Statutes of 2010. The maintenance and operation of CAPSS is funded by the Secondhand Dealer and Pawnbroker Fund established pursuant to Section 21642.5.\nSEC. 3.\nSection 21628 of the Business and Professions Code, as amended by Section 1 of Chapter 169 of the Statutes of 2015, is amended to read:\n21628.\n(a) Every secondhand dealer or coin dealer described in Section 21626 shall report daily, or no later than the next business day excluding weekends and holidays after receipt or purchase of secondhand tangible personal property, to CAPSS, all secondhand tangible personal property, except for firearms, which he or she has purchased, taken in trade, taken in pawn, accepted for sale on consignment, or accepted for auctioning, in accordance with the provisions of Section 21630 and subdivision (d). The report shall be legible, prepared in English, completed where applicable, and include only the following information:\n(1) The name and current address of the intended seller or pledger of the property.\n(2) The identification of the intended seller or pledger. The identification of the seller or pledger of the property shall be verified by the person taking the information, who may use technology, including, but not limited to, cameras or software, or both, to obtain information and verify identity remotely. The verification shall be valid if the person taking the information reasonably relies on any one of the following documents, provided that the document is currently valid or has been issued within five years and contains a photograph or description, or both, of the person named on it, and, where applicable, is signed by the person, and bears a serial or other identifying number:\n(A) A passport of the United States.\n(B) A driver\u2019s license issued by any state or Canada.\n(C) An identification card issued by any state.\n(D) An identification card issued by the United States.\n(E) A passport from any other country in addition to another item of identification bearing an address.\n(F) A Matricula Consular in addition to another item of identification bearing an address.\n(3) (A) A property description. The property description shall be a complete and reasonably accurate description of the property, including, but not limited to, the following: serial number, personalized inscriptions, and other identifying marks or symbols, owner-applied numbers, the size, color, material, and, if known by the secondhand dealer, the manufacturer\u2019s pattern name. The property description shall include the brand and model name or number of the item if known to, or reasonably ascertainable by, the secondhand dealer. The property description shall include a plain text description of the item generally accepted by the secondhand industry. Watches need not be disassembled when special skill or special tools are required to obtain the required information, unless specifically requested to do so by a peace officer. A special tool does not include a penknife, caseknife, or similar instrument and disassembling a watch with a penknife, caseknife, or similar instrument does not constitute a special skill. In all instances where the required information may be obtained by removal of a watchband, then the watchband shall be removed. The cost associated with opening the watch shall be borne by the pawnbroker, secondhand dealer, or customer.\n(B) A secondhand dealer shall utilize in the article field either an article field descriptor, the format of which shall be provided by the Department of Justice, or a properly spelled and non-abbreviated plain text descriptor commonly recognized and utilized by the pawn and secondhand dealer industry. The lack of an article field descriptor provided by the Department of Justice shall not be relevant to any determination as to whether the secondhand dealer has received evidence of authority to sell or pledge the property pursuant to paragraph (1) of subdivision (b) so long as the secondhand dealer reports an article field descriptor consistent with this subdivision.\n(C) In the case of the receipt or purchase of a handheld electronic device by a secondhand dealer, the serial number reported pursuant to subparagraph (A) may be the International Mobile Station Equipment Identity (IMEI), the mobile equipment identifier (MEID), or other unique identifying number assigned to that device by the device manufacturer. If none of these identifying numbers are available by the time period required for reporting pursuant to this subdivision, the report shall be updated with the IMEI, MEID, or other unique identifying number assigned to that device by the device manufacturer as soon as reasonably possible but no later than 10 working days after receipt or purchase of the handheld electronic device.\n(D) For the purpose of this paragraph, \u201chandheld electronic device\u201d means any portable device that is capable of creating, receiving, accessing, or storing electronic data or communications and includes, but is not limited to, a cellular phone, smartphone, or tablet.\n(4) A certification by the intended seller or pledger that he or she is the owner of the property or has the authority of the owner to sell or pledge the property.\n(5) A certification by the intended seller or pledger that to his or her knowledge and belief the information is true and complete.\n(6) A legible fingerprint taken from the intended seller or pledger, as prescribed by the Department of Justice. This requirement does not apply to a coin dealer, unless required pursuant to local regulation.\n(7) A report submitted by a pawnbroker or secondhand dealer shall be deemed to have been accepted by the Department of Justice if a good faith effort has been made to supply all of the required information. An error or omission on the report shall be noted, and the reporting pawnbroker or secondhand dealer shall be notified of the error or omission by the Department of Justice. A reporting pawnbroker or secondhand dealer shall have three business days from that notice to amend or correct the report before being subject to any enforcement violation.\n(b) (1) When a secondhand dealer complies with all of the provisions of this section, he or she shall be deemed to have received from the seller or pledger adequate evidence of authority to sell or pledge the property for all purposes included in this article, and Division 8 (commencing with Section 21000) of the Financial Code.\n(2) In enacting this subdivision, it is the intent of the Legislature that its provisions shall not adversely affect the implementation of, or prosecution under, any provision of the Penal Code.\n(c) Any person who conducts business as a secondhand dealer at any gun show or event, as defined in Section 478.100 of Title 27 of the Code of Federal Regulations, or its successor, outside the jurisdiction that issued the secondhand dealer license in accordance with subdivision (d) of Section 21641, may be required to submit a duplicate of the transaction report prepared pursuant to this section to the local law enforcement agency where the gun show or event is conducted.\n(d) (1) The Department of Justice shall recognize and accept the properly spelled and non-abbreviated plain text property descriptors generally accepted in the pawn and secondhand industries provided by pawnbrokers and secondhand dealers, as has been the longstanding practice of chiefs of police and sheriffs when they had received paper reports from pawnbrokers and secondhand dealers.\n(2) A report required of a secondhand dealer pursuant to this section shall be transmitted by electronic means to CAPSS by the secondhand dealer.\n(3) Unless specifically identified in this section, the Department of Justice, chiefs of police, and sheriffs shall not require a secondhand dealer to include any additional information concerning the seller, the pledger, or the property received by the secondhand dealer in the report required by this section.\n(4) If there is a future change to the reporting requirements of CAPSS that substantively alters the reporting standards provided by this article, those changes shall be implemented and operated in compliance with 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 implementing and operating a future change to CAPSS, the Department of Justice, chiefs of police, and sheriffs shall comply with Sections 21637 and 21638. Notwithstanding any other law, the Department of Justice shall not take any action with respect to the implementation, operation, or maintenance of CAPSS required by this chapter by adoption of an emergency regulation.\n(5) On or before July 1, 2017, the Department of Justice shall convene a meeting with the Department of Technology to discuss issues pertaining to any proposed changes or upgrades to CAPSS required by this chapter. The Department of Technology may provide technological assistance for ongoing improvements, updates, or changes to CAPSS required by this chapter, as requested.\n(6) A coin dealer shall report the information required by this section under the reporting standard described in paragraph (1) on a form developed by the Attorney General that the coin dealer shall transmit each day by facsimile transmission or by mail to the chief of police or sheriff. A transaction shall consist of not more than one item.\n(7) For purposes of this subdivision, \u201citem\u201d shall mean any single physical article. However, with respect to a commonly accepted grouping of articles that are purchased as a set, including, but not limited to, a pair of earrings or place settings of china, silverware, or other tableware, \u201citem\u201d shall mean that commonly accepted grouping.\n(8) Nothing in this subdivision shall be construed as excepting a secondhand dealer from the fingerprinting requirement of paragraph (6) of subdivision (a).\n(e) Nothing in this section shall be construed to exempt a person licensed as a firearms dealer pursuant to Sections 26700 to 26915, inclusive, of the Penal Code from the reporting requirements for the delivery of firearms pursuant to Sections 26700 to 26915, inclusive, of the Penal Code.\nSEC. 4.\nSection 21628.1 of the Business and Professions Code is repealed.\nSEC. 5.\nSection 21630 of the Business and Professions Code is repealed.\nSEC. 6.\nSection 21630 is added to the Business and Professions Code, to read:\n21630.\n(a) A secondhand dealer or coin dealer shall electronically transmit to CAPSS no later than the next business day after the date of transaction excluding weekends and holidays or, if not then possible due to an electrical, telecommunications, or other malfunction, as soon as reasonable thereafter, the report of acquisition of tangible personal property as required by Section 21628.\n(b) Notwithstanding Section 21628, submission of a tangible property acquisition report is not required if the report of an acquisition of the same property from the same customer has been submitted within the preceding 12 months.\nSEC. 7.\nSection 21633 of the Business and Professions Code is repealed.\nSEC. 8.\nSection 21642.5 of the Business and Professions Code is amended to read:\n21642.5.\n(a) The Department of Justice shall require each applicant for an initial license under Section 21641 of this code or Section 21300 of the Financial Code and each applicant for renewal of a license under Section 21642 of this code or Section 21301 of the Financial Code to pay a fee not to exceed three hundred dollars ($300), but in no event exceeding the costs described in subdivision (b), except that the fee may be increased at a rate not to exceed any increase in the California Consumer Price Index as compiled and reported by the Department of Industrial Relations.\n(b) The fees assessed pursuant to subdivision (a) shall be no more than necessary to cover the reasonable regulatory costs to the department of doing all of the following:\n(1) Processing initial license applications under Section 21641 of this code and Section 21300 of the Financial Code.\n(2) Processing renewal applications under Section 21642 of this code and Section 21301 of the Financial Code.\n(3) Implementing, operating, and maintaining CAPSS described in Section 21627.5.\n(c) All licensees holding a license issued before the effective date of the act adding this section pursuant to Section 21641 or 21642 of this code or Section 21300 or 21301 of the Financial Code shall, within 120 days after enactment of the act adding this section in the 2011\u201312 Regular Session, in addition to any fee required under subdivision (a), pay a fee not to exceed two hundred eighty-eight dollars ($288) to the Department of Justice.\n(d) The fees paid pursuant to subdivisions (a) and (c) shall be deposited in the Secondhand Dealer and Pawnbroker Fund, which is hereby established in the State Treasury. The revenue in the fund shall, upon appropriation by the Legislature, be used by the Department of Justice for the purpose of paying for the costs described in paragraphs (1) to (3), inclusive, of subdivision (b), except that the revenue received pursuant to subdivision (c) shall, upon appropriation by the Legislature, be used by the Department of Justice for the purpose of paying for the costs described in paragraph (3) of subdivision (b).\n(e) Applicants described in subdivision (a) shall submit to the Department of Justice fingerprint images and related information required by the Department of Justice for the purposes of obtaining information as to the existence and contents of a record of state convictions and state arrests and information as to the existence and contents of a record of state arrests for which the Department of Justice establishes that the person is free on bail or on his or her own recognizance pending trial or appeal.\n(1) The Department of Justice shall prepare a state-level response pursuant to paragraph (1) of subdivision (l) of Section 11105 of the Penal Code.\n(2) The Department of Justice shall provide subsequent notification service pursuant to Section 11105.2 of the Penal Code for applicants described in this subdivision.\n(3) The Department of Justice shall charge a fee sufficient to cover the cost of processing the request described in this subdivision. The fee revenues shall be deposited in the Fingerprint Fee Account and shall, upon appropriation by the Legislature, be used by the department for the purposes of paying the costs associated with this subdivision.\nSEC. 9.\nThis 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:\nIn order to protect the public from the dissemination of stolen property, make the single, statewide, uniform electronic system a cost savings for secondhand dealers and pawnbrokers, and to require the plain text property descriptions historically utilized by these industries to be accepted by the Department of Justice, just as these plain text descriptions have historically been accepted by chiefs of police and sheriffs, at the earliest possible time, it is necessary that this act take effect immediately.","title":""}
{"_id":"c29","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nArticle 4.5 (commencing with Section 111548) is added to Chapter 6 of Part 5 of Division 104 of the Health and Safety Code, to read:\nArticle  4.5. Right to Try Act\n111548.\nThis article shall be known and may be cited as the Right to Try Act.\n111548.1.\nFor purposes of this article, unless the context otherwise requires, the following definitions shall apply:\n(a) \u201cConsulting physician\u201d means a physician and surgeon licensed under the Medical Practice Act or an osteopathic physician and surgeon licensed under the Osteopathic Act who performs all of the following:\n(1) Examines the qualified individual and his or her relevant medical records.\n(2) Confirms, in writing, the primary physician\u2019s diagnosis and prognosis.\n(3) Verifies, in the opinion of the consulting physician, that the eligible patient is competent, acting voluntarily, and has made an informed decision.\n(b) \u201cEligible patient\u201d means a person who meets all of the following conditions:\n(1) Has an immediately life-threatening disease or condition.\n(2) Has considered all other treatment options currently approved by the United States Food and Drug Administration.\n(3) Has not been accepted to participate in the nearest clinical trial to his or her home for the immediately life-threatening disease or condition identified in paragraph (1) within one week of completion of the clinical trial application process, or, in the treating physician\u2019s medical judgment, it is unreasonable for the patient to participate in that clinical trial due to the patient\u2019s current condition and stage of disease.\n(4) Has received a recommendation from his or her primary physician and a consulting physician for an investigational drug, biological product, or device.\n(5) Has given written informed consent for the use of the investigational drug, biological product, or device, or, if he or she lacks the capacity to consent, his or her legally authorized representative has given written informed consent on his or her behalf.\n(6) Has documentation from his or her primary physician and a consulting physician attesting that the patient has met the requirements of this subdivision.\n(c) \u201cHealth benefit plan\u201d means a plan or program that provides, arranges, pays for, or reimburses the cost of health benefits. \u201cHealth benefit plan\u201d includes, but is not limited to, a health care service plan contract issued by a health care service plan, as defined in Section 1345, and a policy of health insurance, as defined in Section 106 of the Insurance Code, issued by a health insurer.\n(d) \u201cImmediately life-threatening disease or condition\u201d means a stage of disease in which there is a reasonable likelihood that death will occur within a matter of months.\n(e) \u201cInvestigational drug, biological product, or device\u201d means a drug, biological product, or device that has successfully completed phase one of a clinical trial approved by the United States Food and Drug Administration, but has not been approved for general use by the United States Food and Drug Administration and remains under investigation in a clinical trial approved by the United States Food and Drug Administration.\n(f) \u201cPrimary physician\u201d means a physician and surgeon licensed under the Medical Practice Act or an osteopathic physician and surgeon licensed under the Osteopathic Act.\n(g) \u201cState regulatory board\u201d means the Medical Board of California or the Osteopathic Medical Board of California.\n(h) (1) \u201cWritten, informed consent\u201d means a written document that has been approved by the primary physician\u2019s institutional review board or an accredited independent institutional review board, is signed by an eligible patient, or his or her legally authorized representative when the patient lacks the capacity to consent, and attested to by the patient\u2019s primary physician and a witness that, at a minimum, does all of the following:\n(A) Explains the currently approved products and treatments for the immediately life-threatening disease or condition from which the patient suffers.\n(B) Attests to the fact that the patient, or when the patient lacks the capacity to consent his or her legally authorized representative, concurs with the patient\u2019s primary physician in believing that all currently approved and conventionally recognized treatments are unlikely to prolong the patient\u2019s life.\n(C) Clearly identifies the specific proposed investigational drug, biological product, or device that the patient is seeking to use.\n(D) Describes the potentially best and worst outcomes of using the investigational drug, biological product, or device and describes the most likely outcome. This description shall include the possibility that new, unanticipated, different, or worse symptoms might result and that death could be hastened by the proposed treatment. The description shall be based on the primary physician\u2019s knowledge of the proposed treatment in conjunction with an awareness of the patient\u2019s condition.\n(E) Clearly states that the patient\u2019s health benefit plan, if any, and health care provider are not obligated to pay for the investigational drug, biological product, or device or any care or treatments consequent to use of the investigational drug, biological product, or device.\n(F) Clearly states that the patient\u2019s eligibility for hospice care may be withdrawn if the patient begins curative treatment and that care may be reinstated if the curative treatment ends and the patient meets hospice eligibility requirements.\n(G) Clearly states that in-home health care may be denied if treatment begins.\n(H) States that the patient understands that he or she is liable for all expenses consequent to the use of the investigational drug, biological product, or device, and that this liability extends to the patient\u2019s estate, except as otherwise provided in the patient\u2019s health benefit plan or a contract between the patient and the manufacturer of the drug, biological product, or device.\n(2) Written, informed consent for purposes of this article shall be consistent with the informed consent requirements of the Protection of Human Subjects in Medical Experimentation Act (Chapter 1.3 (commencing with Section 24170) of Division 20).\n111548.2.\n(a) Notwithstanding Section 110280, 111520, or 111550, a manufacturer of an investigational drug, biological product, or device may make available the manufacturer\u2019s investigational drug, biological product, or device to an eligible patient pursuant to this article. This article does not require that a manufacturer make available an investigational drug, biological product, or device to an eligible patient.\n(b) A manufacturer may do both of the following:\n(1) Provide an investigational drug, biological product, or device to an eligible patient without receiving compensation.\n(2) Require an eligible patient to pay the costs of or associated with the manufacture of the investigational drug, biological product, or device.\n(c) (1) This article does not expand the coverage provided under Sections 1370.4 and 1370.6 of this code, Sections 10145.3 and 10145.4 of the Insurance Code, or Sections 14087.11 and 14132.98 of the Welfare and Institutions Code.\n(2) This article does not require a health benefit plan to provide coverage for the cost of any investigational drug, biological product, or device, or the costs of services related to the use of an investigational drug, biological product, or device under this article. A health benefit plan may provide coverage for an investigational drug, biological product, or device made available pursuant to this section.\n(d) If the clinical trial for an investigational drug, biological product, or device is closed due to the lack of efficacy or for toxicity, the investigational drug, biological product, or device shall not be offered. If notice of closure of a clinical trial is given for an investigational drug, biological product, or device taken by a patient outside of a clinical trial, the manufacturer and the patient\u2019s primary physician shall notify the patient of the information from the safety committee of the clinical trial.\n(e) If an eligible patient dies while being treated by an investigational drug, biological product, or device made available pursuant to this article, the patient\u2019s heirs are not liable for any outstanding debt related to the treatment or lack of insurance for the treatment.\n111548.3.\n(a) Notwithstanding any other law, a state regulatory board shall not revoke, fail to renew, or take any other disciplinary action against a physician\u2019s license based solely on the physician\u2019s recommendation to an eligible patient regarding, or prescription for or treatment with, an investigational drug, biological product, or device if the recommendation or prescription is consistent with protocol approved by the physician\u2019s institutional review board or an accredited independent institutional review board.\n(b) The physician\u2019s institutional review board or an accredited institutional review board shall biannually report the following information to the State Department of Public Health, the Medical Board of California, and the Osteopathic Medical Board of California:\n(1) The number of requests made for an investigational drug, biological product, or device.\n(2) The status of the requests made.\n(3) The duration of the treatment.\n(4) The costs of the treatment paid by eligible patients.\n(5) The success or failure of the investigational drug, biological product, or device in treating the immediately life-threatening disease or condition from which the patient suffers.\n(6) Any adverse event for each investigational drug, biological product, or device.\n(c) A state agency shall not alter any recommendation made to the federal Centers for Medicare and Medicaid Services regarding a health care provider\u2019s certification to participate in the Medicare or Medicaid program based solely on the recommendation from an individual health care provider that a patient have access to an investigational drug, biological product, or device.\n(d) A violation of this section shall not be subject to Chapter 8 (commencing with Section 111825).\n111548.5.\nThis article does not create a private cause of action, and actions taken pursuant to this article shall not serve as a basis for a civil, criminal, or disciplinary claim or cause of action, including, but not limited to, product liability, medical negligence, or wrongful death, against a manufacturer of an investigational drug, biological product, or device, or against any other person or entity involved in the care of an eligible patient for harm done to the eligible patient or his or her heirs resulting from the investigational drug, biological product, or device, or the use or nonuse thereof, if the manufacturer or other person or entity has complied with the terms of this article in relation to the eligible patient, unless there was a failure to exercise reasonable care.","title":""}
{"_id":"c0","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\n(a)  The Legislature finds and declares all of the following:\n(1) Residential and commercial buildings and the systems and equipment within them were responsible for 69 percent of all electricity consumption in California in 2013, the equivalent output of 70 500-megawatt powerplants. Under the 2000\u201313 historical growth trends, this is projected to increase to the equivalent of 79 powerplants by 2030. The electric power sector is the second largest source of greenhouse gas emissions in California after transportation, comprising 21 percent of the state\u2019s total emissions.\n(2) Plug-in equipment is responsible for two-thirds of electricity consumption in residential buildings and a significant share of electricity consumption in office buildings. This electricity consumption is increasing rapidly, indicating that current plug-in equipment efficiency policy efforts are outpaced by the growth in the number of electronic devices and their electricity consumption, jeopardizing California\u2019s ability to meet its energy and climate goals.\n(3) Cost-effective technologies such as those used in mobile electronic devices already exist to significantly reduce the electricity consumption of plug-in equipment, but are not used in the majority of plug-in electronic devices.\n(4) California has set ambitious goals for renewable energy and energy efficiency in the envelope, major systems, and lighting of buildings, but does not have quantified goals for a category that now represents two-thirds of the electricity consumption in the state\u2019s residential buildings and a significant share of the electricity consumption in commercial buildings.\n(5) Market barriers, such as a lack of consumer awareness and information on product lifetime energy costs, and split incentives between manufacturers who make product design decisions and consumers who pay the electricity bill, give efficiency programs and standards a critical role in realizing the economic potential for energy efficiency in plug-in equipment.\n(6) Challenges with the evaluation and the attribution of program savings to utilities and program implementers, as well as the focus on short-term savings, are limiting the effective use of these programs to capture energy-saving opportunities that require upfront investment to yield large future savings through market transformation.\n(7) The State Energy Resources Conservation and Development Commission and the Public Utilities Commission have set a goal to achieve zero net energy for all new residential buildings by 2020 and for all new, and a substantial proportion of existing, commercial buildings by 2030.\n(8) The Legislature supports the zero net energy goals of the State Energy Resources Conservation and Development Commission and the Public Utilities Commission as a key strategy to decarbonize the California economy.\n(9) Plug-in equipment electricity consumption may not be fully accounted for in zero net energy models, leading to buildings designed and certified as zero net energy not necessarily achieving zero net energy in real-world operation when occupants bring in typical plug-in equipment.\n(b) It is the intent of the Legislature to ensure that, in support of the state\u2019s climate and energy goals, plug-in equipment energy consumption is reduced where technologically feasible and cost effective.\nSEC. 2.\nSection 25327 is added to the Public Resources Code, to read:\n25327.\n(a) (1) For purposes of this subdivision \u201cHVAC\u201d means heating, ventilation, and air conditioning.\n(2) For the purposes of this section, except as provided in paragraph (3), \u201cplug-in equipment\u201d means an electrical device that plugs into a power outlet, including, but not limited to, household appliances, electronic products, miscellaneous electrical loads, portable and other plug-in HVAC equipment, and commercial plug-in appliances.\n(3) \u201cPlug-in equipment\u201d does not include the following:\n(A) Non-plug-in HVAC, including split, packaged, or built-up HVAC equipment that is typically installed by an HVAC contractor.\n(B) Lighting, whether built in or portable.\n(C) Infrastructure loads wired directly to the building electrical system, such as ground-fault circuit interrupter (GFCI) breakers and outlets, wired smoke or carbon monoxide detectors, and lighting switches.\n(D) Electric vehicles.\n(4) For purposes of this subdivision, power outlets include line outlets, such as 110-volt alternating current (AC) and other emerging power delivery mechanisms, including Universal Serial Bus (USB), Power over Ethernet (PoE), and 24-volt direct current (VDC).\n(b) The commission shall, in collaboration with the Public Utilities Commission, do all of the following:\n(1) Conduct an analysis of plug-in equipment electricity consumption, including appliances, electronics, and miscellaneous electric loads, to assess current use and trends. The commission shall draw on existing data and already-funded studies where appropriate to limit costs and reduce the time required to complete the analysis. The analysis shall focus on the top 80 percent of plug-in equipment average annual electricity consumption.\n(2) Before January 1, 2018, set statewide, long-term energy efficiency targets\nfor\nto reduce\nthe\namount of\nelectricity consumed by plug-in equipment.\n(3) Develop an implementation plan, in consultation with stakeholders, including equipment manufacturers and retailers, to achieve the targets\nset forth in\nestablished under\nparagraph (2). The implementation plan shall meet all of the following requirements:\n(A) Be comprised of a complementary portfolio of techniques, applications, and practices that may include, but need not be limited to: revising existing, and setting new, appliance efficiency standards; working with federal government agencies to revise existing, and implement new, federal standards; implementing incentive programs, appliance early replacement rebate programs that link purchase and disposal rebates, and upstream market transformation programs; expanding research and development; and public outreach and education efforts.\n(B) Consider costs and ratepayer protections, consistent with Section 25000.1.\n(C) Use an accurate cost-effectiveness methodology for assessing the long-term value of efficiency savings and ensure that benefits outweigh costs to ratepayers.\n(4) Track the progress of the implementation plan in meeting the targets annually through the Electricity Supply Analysis Division of the commission and the Energy Division of the Public Utilities Commission.\n(5) Revise the implementation plan and priorities in consultation with stakeholders.\n(6) Update the implementation plan, as a part of the integrated energy policy report required pursuant to Section 25302, with a report on the progress toward meeting the targets through the tracking required pursuant to paragraph (4).\n(c) The Public Utilities Commission shall, in collaboration with the commission, work with stakeholders, including equipment manufacturers, equipment retailers, and electric utilities, to address challenges that may limit or inhibit the achievement of the targets set forth in paragraph (2) of subdivision (b), including, but not limited to, the evaluation and attribution of energy savings and the enabling of market transformation programs.","title":""}
{"_id":"c304","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 4212 of the Public Resources Code is amended to read:\n4212.\n(a) (1) By\nSeptember 1, 2011,\nJuly 1, 2016,\nthe board shall\nadopt\namend the existing\nemergency regulations to establish a fire prevention fee for the purposes of this chapter in an amount not to exceed\none hundred fifty dollars ($150)\none hundred fifty-two dollars and thirty-three cents ($152.33)\nto be charged on each habitable structure on a parcel that is within a state responsibility area.\n(2) The Legislature finds and declares that a fire prevention fee of not more than\none hundred fifty dollars ($150)\none hundred fifty-two dollars and thirty-three cents ($152.33)\nis a reasonable amount for the necessary fire prevention activities of the state that benefit the owner of a habitable structure within a state responsibility area.\n(b) On July 1,\n2013,\n2017,\nand annually thereafter, the board may adjust the fire prevention\nfees\nfee\nimposed pursuant to this chapter to reflect the percentage of change in the average annual value of the Implicit Price Deflator for State and Local Government Purchases of Goods and Services for the United States, as calculated by the United States Department of Commerce for the 12-month period in the third quarter of the prior calendar year, as reported by the Department of Finance.\n(c) Emergency regulations\nadopted\namended\npursuant to subdivision (a) shall be\nadopted\namended\nin accordance with 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\nadoption\namendment\nof emergency regulations shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, and safety, or general welfare.\nSECTION 1.\nSEC. 2.\nSection 4213 of the Public Resources Code is amended to read:\n4213.\n(a) (1) The fire prevention fee imposed pursuant to Section 4212 shall be collected annually by the State Board of Equalization in accordance with the Fee Collection Procedures Law (Part 30 (commencing with Section 55001) of Division 2 of the Revenue and Taxation Code).\n(2) Notwithstanding the appeal provisions in the Fee Collection Procedures Law, a determination by the department that a person is required to pay a fire prevention fee, or a determination by the department regarding the amount of that fee, is subject to review under Article 2 (commencing with Section 4220) and is not subject to a petition for redetermination by the State Board of Equalization.\n(3) (A) Notwithstanding the refund provisions in the Fee Collection Procedures Law, the State Board of Equalization shall not accept any claim for refund that is based on the assertion that a determination by the department improperly or erroneously calculated the amount of the fire prevention fee, or incorrectly determined that the person is subject to that fee, unless that determination has been set aside by the department or a court reviewing the determination of the department.\n(B) If the department or a reviewing court determines that a person is entitled to a refund of all or part of the fire prevention fee, the person shall make a claim to the State Board of Equalization pursuant to Chapter 5 (commencing with Section 55221) of Part 30 of Division 2 of the Revenue and Taxation Code.\n(b) The annual fire prevention fee shall be due and payable 60 days from the date of assessment by the State Board of Equalization.\n(c) On or before each January 1, the department shall annually transmit to the State Board of Equalization the appropriate name and address of each person who is liable for the fire prevention fee and the amount of the fee to be assessed, as authorized by this article, and at the same time the department shall provide to the State Board of Equalization a contact telephone number for the board to be printed on the bill to respond to questions about the fee.\n(d) If in any given fiscal year there are sufficient amounts of money in the State Responsibility Area Fire Prevention Fund created pursuant to Section 4214 to finance the costs of the programs under subdivision (d) of Section 4214 for that fiscal year, the fee may not be collected that fiscal year.\nSEC. 2.\nSEC. 3.\nSection 4220 of the Public Resources Code is amended to read:\n4220.\nA person from whom the fire prevention fee is determined to be due under this chapter may petition for a redetermination of whether this chapter applies to that person within 60 days after service upon him or her of a notice of the determination. If a petition for redetermination is not filed within the 60-day period, the amount determined to be due becomes final at the expiration of the 60-day period.\nSEC. 3.\nSEC. 4.\nSection 4222 of the Public Resources Code is amended to read:\n4222.\nIf a petition for redetermination of the application of this chapter is filed within the 60-day period, the department shall reconsider whether the fee is due and make a determination in writing. The department may eliminate the fee based on a determination that this chapter does not apply to the person who filed the petition.","title":""}
{"_id":"c63","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nIt is the intent of the Legislature to permit pawnbrokers to conduct business transactions by electronic means, except when establishing an original loan. It is further the intent of the Legislature to permit such transactions to be made in conformity with the Uniform Electronic Transactions Act, as set forth in Title 2.5 (commencing with Section 1633.1) of Part 2 of Division 3 of the Civil Code.\nSEC. 2.\nSection 21201 of the Financial Code is amended to read:\n21201.\n(a) Every loan made by a pawnbroker for which goods are received in pledge as security shall be evidenced by a written contract, a copy of which shall be furnished to the pledgor. The loan contract shall provide a loan period that is a minimum of four months, shall set forth the loan period and the date on which the loan is due and payable, and shall clearly inform the pledgor of his or her right to redeem the pledge during the loan period.\n(b) Every loan contract shall contain the following notice, in at least 8-point boldface type and circumscribed by a box, immediately above the space for the pledgor\u2019s signature:\n\n\u201cYou may redeem the property you have pledged at any time until the close of business on ____ [fill in date no less than four months from date loan begins]. To redeem, you must pay the amount of the loan and the applicable charges which have accrued through the date on which you redeem.\u201d\n\n(c) Every pawnbroker shall retain in his or her possession every article pledged to him or her for the duration of the loan period. During such period the pledgor may redeem the articles upon payment of the amount of the loan and the applicable charges. If the pledgor and the pawnbroker agree in writing that the pawned property may be stored off premises, following the request for redemption of the loan, the pawnbroker shall return the pledged property to the pledgor the next calendar day when both the pawnbroker\u2019s store and the storage facility are open, not to exceed two business days.\n(d) If any pledged article is not redeemed during the loan period as provided herein, and the pledgor and pawnbroker do not mutually agree in writing to extend the loan period, the pawnbroker shall notify the pledgor within one month after expiration of the loan period. If the pawnbroker fails to notify the pledgor within one month after the expiration of the loan period, the pawnbroker shall not charge interest from the day after the expiration of the one-month period. The pawnbroker shall notify the pledgor at his or her last known mailing or electronic address of the termination of the loan period, by a means for which verification of mailing or, at the sole option of the pledgor, electronic transmission of the notification can be provided by the pawnbroker, and extending the right of redemption, during posted business hours, for a period of 10 days from date of mailing or electronic transmission of that notice. Electronic notice of the termination of the loan period shall be valid if the pledgor has previously responded to an electronic communication sent by the pawnbroker to the pledgor\u2019s last known electronic address provided by the pledgor. Upon the initiation of each new or replacement loan, the pledgor shall affirm that the current electronic address on file with the pawnbroker is valid. The 10-day notice shall state, in substantially the same format as the following: \u201cIf the tenth day falls on a day when the pawnshop is closed, the time period is extended to the next day that the pawnshop is open.\u201d\n(e) The posted schedule of charges required pursuant to Section 21200.5 shall contain a notice informing the pledgor that if he or she desires, the pawnbroker shall send the notice of termination of the loan period by registered or certified mail with return receipt requested, upon prepayment of the mailing costs.\n(f) If any pledged article is not redeemed within the 10-day notice period, the pawnbroker shall become vested with all right, title, and interest of the pledgor, or his or her assigns, to the pledged article, to hold and dispose of as his or her own property. Any other provision of law relating to the foreclosure and sale of pledges shall not be applicable to any pledge the title to which is transferred in accordance with this section. The pawnbroker shall not sell any article of pledged property until he or she has become vested with the title to that property pursuant to this section.\n(g) The sale of pledged property is a misdemeanor pursuant to Section 21209.\nSEC. 3.\nSection 21201.5 of the Financial Code is amended to read:\n21201.5.\n(a) During the contractual loan period and any extension thereof, but prior to the start of the 10-day grace period provided in subdivision (d) of Section 21201, a pledgor may request, and a pawnbroker may consent to, a replacement loan to take effect upon the expiration of the loan period stated in the active loan contract delivered to the pledgor under Section 21201 or this section.\n(b) Alternatively, a pledgor may request, and a pawnbroker may consent to, a replacement loan during the 10-day grace period provided in subdivision (d) of Section 21201. Any such replacement loan shall become effective on the date it is issued.\n(c) All of the following shall apply to a replacement loan issued pursuant to this section:\n(1) The loan shall be processed as, and deemed to be, a new loan subject to all other fees and charges permitted by this chapter.\n(2) Before a replacement loan may be issued, the pledgor shall pay off all outstanding charges from the prior loan then due, including interest or any loan writing, storage, notification, or other fee authorized in this chapter, in cash or another form acceptable to the pawnbroker. The pledgor\u2019s payment may be delivered to the pawnbroker by any method acceptable to the pawnbroker, including, but not limited to, United States mail, private mail, a personal representative, or electronic transfer. If insufficient payment is tendered by the pledgor or is not tendered in cash or a form acceptable to the pawnbroker, the pawnbroker shall, if commercially reasonable, return the payment in the same manner that the payment was delivered by the pledgor, or by another commercially reasonable manner, within five business days, and shall include a statement advising the pledgor the reason the payment was rejected. The pawnbroker is under no obligation to enter into a replacement loan if the amount is insufficient or the method of payment or form of tender is not cash or acceptable to the pawnbroker.\n(3) The unpaid balance of the prior loan shall be debited to the replacement loan on which the same article or articles have been pledged. The replacement loan contract shall disclose the amount of the prior loan that is debited and shall otherwise be consistent with Section 21201.\n(4) If the pledgor requests a replacement loan in person or electronically, the pledgor\u2019s consent to the terms of the replacement loan shall be deemed given when he or she signs the written replacement loan contract in person or electronically in conformity with Section 21201.6.\n(5) If the pledgor requests a replacement loan by mail or through a personal representative, the pledgor\u2019s consent to the terms of the replacement loan shall be deemed given when all required charges from the prior loan then due are paid in a form acceptable to the pawnbroker. The principal amount of a replacement loan requested by mail or through a personal representative shall not exceed the principal amount of the prior loan.\n(6) The terms of the replacement loan shall be consistent with this chapter on the date the replacement loan is issued.\n(7) The replacement loan shall be evidenced by a written agreement or electronic record. The pawnbroker shall mail or otherwise transmit a copy of the written agreement or electronic record to the pledgor within five business days following receipt of payment by means for which verification of mailing or electronic transmittal can be provided by the pawnbroker.\nSEC. 4.\nSection 21201.6 is added to the Financial Code, to read:\n21201.6.\nThe requirement for a written contract signed by the pledgor as set forth in Section 21201.5 may be met electronically if all of the following conditions are satisfied:\n(a) The contract and transaction comply with the provisions of the Uniform Electronic Transactions Act, as set forth in Title 2.5 (commencing with Section 1633.1) of Part 2 of Division 3 of the Civil Code, as may be applicable at the time that the loan is entered into between the pawnbroker and the pledgor.\n(b) Any written disclosures specified in this chapter to be set forth in a specified minimum type size are conspicuously presented to the pledgor prior to his or her execution of the electronic contract.\n(c) The pawnbroker makes one of the following disclosures:\n(1) If the principal loan amount is below two thousand five hundred dollars ($2,500), the pawnbroker discloses the maximum compensation due a pawnbroker as set forth in Section 21200.7 prior to the pledgor\u2019s execution of the electronic contract.\n(2) If the principal loan amount is two thousand five hundred dollars ($2,500) or more, the pawnbroker discloses the provisions of Sections 21051 and 22054 prior to the pledgor\u2019s execution of the electronic contract.","title":""}
{"_id":"c253","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 2699.3 of the Labor Code is amended to read:\n2699.3.\n(a) A civil action by an aggrieved employee pursuant to subdivision (a) or (f) of Section 2699 alleging a violation of any provision listed in Section 2699.5 shall commence only after the following requirements have been met:\n(1) (A) The aggrieved employee or representative shall give written notice by certified mail to the Labor and Workforce Development Agency and the employer of the specific provisions of this code alleged to have been violated, including the facts and theories to support the alleged violation.\n(B) The employer may cure the alleged violation according to the procedures described in paragraph (2) of subdivision (c). If the alleged violation is not cured within the 33-day period prescribed in paragraph (2) of subdivision (c), in lieu of commencing a civil action, the employee or representative shall notify by certified mail the Labor and Workforce Development Agency and the employer of the failure to cure or, if the employee disputes that the alleged violation has been cured, the employee or representative shall provide notice pursuant to the procedures of subparagraph (A) of paragraph (3) of subdivision (c).\n(2) (A) The agency shall notify the employer and the aggrieved employee or representative by certified mail that it does not intend to investigate the alleged violation within 30 calendar days of the postmark date of the notice received pursuant to subparagraph (B) of paragraph (1). Upon receipt of that notice or if no notice is provided within 33 calendar days of the postmark date of the notice given pursuant to subparagraph (B) of paragraph (1), the aggrieved employee may commence a civil action pursuant to Section 2699.\n(B) If the agency intends to investigate the alleged violation, it shall notify the employer and the aggrieved employee or representative by certified mail of its decision within 33 calendar days of the postmark date of the notice received pursuant to subparagraph (B) of paragraph (1). Within 120 calendar days of that decision, the agency may investigate the alleged violation and issue any appropriate citation. If the agency determines that no citation will be issued, it shall notify the employer and aggrieved employee or representative of that decision within five business days thereof by certified mail. Upon receipt of that\nnotice\nnotice,\nor if no citation is issued by the agency within that 158-day period prescribed by this subparagraph or if the agency fails to provide timely or any notification, the aggrieved employee may commence a civil action pursuant to Section 2699.\n(C) Notwithstanding any other provision of law, a plaintiff may as a matter of right amend an existing complaint to add a cause of action arising under this part at any time within 60 days of the time periods specified in this part.\n(b) A civil action by an aggrieved employee pursuant to subdivision (a) or (f) of Section 2699 alleging a violation of any provision of Division 5 (commencing with Section 6300) other than those listed in Section 2699.5 shall commence only after the following requirements have been met:\n(1) (A) The aggrieved employee or representative shall give notice by certified mail to the Division of Occupational Safety and Health and the employer, with a copy to the Labor and Workforce Development Agency, of the specific provisions of Division 5 (commencing with Section 6300) alleged to have been violated, including the facts and theories to support the alleged violation.\n(B) The employer may cure the alleged violation according to the procedures described in paragraph (2) of subdivision (c). If the alleged violation is not cured within the 33-day period prescribed in paragraph (2) of subdivision (c), in lieu of commencing a civil action, the employee or representative shall notify by certified mail the Division of Occupational Safety and Health and the employer, with a copy to the Labor and Workforce Development Agency, of the failure to cure or, if the employee disputes that the alleged violation has been cured, the employee or representative shall provide notice pursuant to the procedures of subparagraph (A) of paragraph (3) of subdivision (c).\n(2) (A) The division shall inspect or investigate the alleged violation pursuant to the procedures specified in Division 5 (commencing with Section 6300).\n(i) If the division issues a citation, the employee may not commence an action pursuant to Section 2699. The division shall notify the aggrieved employee or representative and employer in writing within 14 calendar days of certifying that the employer has corrected the violation.\n(ii) If by the end of the period for inspection or investigation provided for in Section 6317, the division fails to issue a citation and the aggrieved employee disputes that decision, the employee may challenge that decision in the superior court. In such an action, the superior court shall follow precedents of the Occupational Safety and Health Appeals Board. If the court finds that the division should have issued a citation and orders the division to issue a citation, then the aggrieved employee may not commence a civil action pursuant to Section 2699.\n(iii) A complaint in superior court alleging a violation of Division 5 (commencing with Section 6300) other than those listed in Section 2699.5 shall include therewith a copy of the notices provided to the division and employer pursuant to subparagraphs (A) and (B) of paragraph (1).\n(iv) The superior court shall not dismiss the action for nonmaterial differences in facts or theories between those contained in the notices provided to the division and employer pursuant to subparagraphs (A) and (B) of paragraph (1) and the complaint filed with the court.\n(B) If the division fails to inspect or investigate the alleged violation as provided by Section 6309, the aggrieved employee may commence a civil action pursuant to Section 2699.\n(3) (A) Nothing in this subdivision shall be construed to alter the authority of the division to permit long-term abatement periods or to enter into memoranda of understanding or joint agreements with employers in the case of long-term abatement issues.\n(B) Nothing in this subdivision shall be construed to authorize an employee to file a notice or to commence a civil action pursuant to Section 2699 during the period that an employer has voluntarily entered into consultation with the division to ameliorate a condition in that particular worksite.\n(C) An employer who has been provided notice pursuant to this section may not then enter into consultation with the division in order to avoid an action under this section.\n(4) The superior court shall review and approve any proposed settlement of alleged violations of the provisions of Division 5 (commencing with Section 6300) to ensure that the settlement provisions are at least as effective as the protections or remedies provided by state and federal law or regulation for the alleged violation. The provisions of the settlement relating to health and safety laws shall be submitted to the division at the same time that they are submitted to the court. This requirement shall be construed to authorize and permit the division to comment on those settlement provisions, and the court shall grant the division\u2019s commentary the appropriate weight.\n(c) A civil action by an aggrieved employee pursuant to subdivision (a) or (f) of Section 2699 alleging a violation of any provision other than those listed in Section 2699.5 or Division 5 (commencing with Section 6300) shall commence only after the following requirements have been met:\n(1) The aggrieved employee or representative shall give written notice by certified mail to the Labor and Workforce Development Agency and the employer of the specific provisions of this code alleged to have been violated, including the facts and theories to support the alleged violation.\n(2) (A) The employer may cure the alleged violation within 33 calendar days of the postmark date of the notice. The employer shall give written notice by certified mail within that period of time to the aggrieved employee or representative and the agency if the alleged violation is cured, including a description of actions taken, and no civil action pursuant to Section 2699 may commence. If the alleged violation is not cured within the 33-day period, the employee may commence a civil action pursuant to Section 2699.\n(B) (i) Subject to the limitation in clause (ii), no employer may avail himself or herself of the notice and cure provisions of this subdivision more than three times in a 12-month period for the same violation or violations contained in the notice, regardless of the location of the worksite.\n(ii) No employer may avail himself or herself of the notice and cure provisions of this subdivision with respect to alleged violations of paragraph (6) or (8) of subdivision (a) of Section 226 more than once in a 12-month period for the same violation or violations contained in the notice, regardless of the location of the worksite.\n(3) (A) If the aggrieved employee disputes that the alleged violation has been cured, the aggrieved employee or representative shall provide written notice by certified mail, including specified grounds to support that dispute, to the employer and the agency.\n(B) Within 17 calendar days of the postmark date of that notice, the agency shall review the actions taken by the employer to cure the alleged violation, and provide written notice of its decision by certified mail to the aggrieved employee or representative and the employer. The agency may grant the employer three additional business days to cure the alleged violation. If the agency determines that the alleged violation has not been cured or if the agency fails to provide timely or any notification, the employee may proceed with the civil action pursuant to Section 2699. If the agency determines that the alleged violation has been cured, but the employee still disagrees, the employee may appeal that determination to the superior court.\n(d) The periods specified in this section are not counted as part of the time limited for the commencement of the civil action to recover penalties under this part.","title":""}
{"_id":"c348","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 54237 of the Government Code is amended to read:\n54237.\n(a) Notwithstanding Section 11011.1, an agency of the state disposing of surplus residential property shall do so in accordance with the following priorities and procedures:\n(1) First, all single-family residences presently occupied by their former owners shall be offered to those former owners at the appraised fair market value.\n(2) Second, all single-family residences shall be offered, pursuant to this article, to their present occupants who have occupied the property two years or more and who are persons and families of low or moderate income.\n(3) Third, all single-family residences shall be offered, pursuant to this article, to their present occupants who have occupied the property five years or more and whose household income does not exceed 150 percent of the area median income.\n(4) Fourth, a single-family residence shall not be offered, pursuant to this article, to present occupants who are not the former owners of the property if the present occupants have had an ownership interest in real property in the last three years.\n(b) Single-family residences offered to their present occupants pursuant to paragraphs (2) and (3) of subdivision (a) shall be offered to those present occupants at an affordable price. The price shall not be less than the price paid by the agency for original acquisition, unless the acquisition price was greater than the current fair market value, and shall not be greater than fair market value. When a single-family residence is offered to present occupants at a price that is less than fair market value, the selling agency shall impose terms, conditions, and restrictions to ensure that the housing will remain available to persons and families of low or moderate income and households with incomes no greater than the incomes of the present occupants in proportion to the area median income. The Department of Housing and Community Development shall provide to the selling agency recommendations of standards and criteria for these prices, terms, conditions, and restrictions. The selling agency shall provide repairs required by lenders and government housing assistance programs, or, at the option of the agency, provide the present occupants with a replacement dwelling pursuant to Section 54237.5.\n(c) If single-family residences are offered to their present occupants pursuant to paragraphs (2) and (3) of subdivision (a), the occupants shall certify their income and assets to the selling agency. When a single-family residence is offered to present occupants at a price that is less than fair market value, the selling agency may verify the certifications, in accordance with procedures utilized for verification of incomes of purchasers and occupants of housing financed by the California Housing Finance Agency and with regulations adopted for the verification of assets by the United States Department of Housing and Urban Development. The income and asset limitations and term of residency requirements of paragraphs (2) and (3) of subdivision (a) shall not apply to sales that are described as mitigation measures in an environmental study prepared pursuant to the Public Resources Code, if the study was initiated before this measure was enacted.\n(d) All other surplus residential properties and all properties described in paragraphs (1), (2), and (3) of subdivision (a) that are not purchased by the former owners or the present occupants shall be then offered as follows:\n(1) Except as required by paragraph (2), the property shall be offered to a housing-related private or public entity at a reasonable price, which is best suited to economically feasible use of the property as decent, safe, and sanitary housing at affordable rents and affordable prices for persons and families of low or moderate income, on the condition that the purchasing entity shall cause the property to be rehabilitated and used as follows:\n(A) If the housing-related entity is a public entity, the entity shall dedicate profits realized from a subsequent sale, as specified in subdivision (b) of Section 54237.7, to the construction of affordable housing within Pasadena, South Pasadena, Alhambra, La Ca\u00f1ada Flintridge, and the 90032 postal ZIP Code.\n(B) If the entity is a private housing-related entity or a housing-related public entity, the entity shall cause the property to be developed as limited equity cooperative housing with first right of occupancy to present occupants, except that where the development of cooperative or cooperatives is not feasible, the purchasing entity shall cause the property to be used for low and moderate income rental or owner-occupied housing, with first right of occupancy to the present tenants. The price of the property in no case shall be less than the price paid by the entity for original acquisition unless the acquisition price was greater than current fair market value and shall not be greater than fair market value. Subject to the foregoing, it shall be set at the level necessary to provide housing at affordable rents and affordable prices for present tenants and persons and families of low or moderate income. When residential property is offered at a price that is less than fair market value, the selling agency shall impose terms, conditions, and restrictions as will ensure that the housing will remain available to persons and families of low or moderate income. The Department of Housing and Community Development shall provide to the selling agency recommendations of standards and criteria for prices, terms, conditions, and restrictions.\n(2) (A) If the property is a historic home, the property shall be offered first to a housing-related public entity subject to subparagraph (A) or (B) of paragraph (1) or to a nonprofit private entity dedicated to rehabilitating and maintaining the historic home for public and community access and use subject to subparagraph (B) of paragraph (1).\n(B) For the purposes of this subdivision, \u201chistoric home\u201d means single-family surplus residential property that is listed on, or for which an application has been filed for listing on, at least one of the following by January 1, 2015:\n(i) The California Register of Historical Resources, as established pursuant to Article 2 (commencing with Section 5020) of Chapter 1 of Division 5 of the Public Resources Code.\n(ii) The National Register of Historic Places, as established pursuant to Chapter 3021 of Title 54 of the United States Code.\n(iii) The Ne=\"margin:0 0 1em 0\" class=\"ActionLine\">\nSEC. 2.\nSection 54237.7 of the Government Code is amended to read:\n54237.7.\n(a) Notwithstanding Section 183.1 of the Streets and Highways Code, the Department of Transportation shall deposit proceeds from the sale of surplus residential property from the department to a new owner pursuant to this article into the SR-710 Rehabilitation Account, which is hereby created. Notwithstanding Section 13340, funds in the account are hereby continuously appropriated to the department without regard to fiscal years for the purpose of providing repairs required pursuant to subdivision (b) of Section 54237. The total funds maintained in the account shall not exceed five hundred thousand dollars ($500,000). Funds exceeding that amount, less any reimbursements due to the federal government, shall be transferred to the State Highway Account in the State Transportation Fund to be used for allocation by the California Transportation Commission (commission) exclusively to fund projects located in Pasadena, South Pasadena, Alhambra, La Ca\u00f1ada Flintridge, and the 90032 postal ZIP Code. Projects shall be selected and prioritized by the affected communities in consultation with the Los Angeles County Metropolitan Transportation Authority, pursuant to guidelines developed by the commission. The Los Angeles County Metropolitan Transportation Authority shall submit a proposed program of projects and the commission shall have final authority to approve the projects. Eligible projects may include, but are not limited to: sound walls; transit and rail capital improvements; bikeways; pedestrian improvements; signal synchronization; left turn signals; and major street resurfacing, rehabilitation, and reconstruction. The funds shall not be used to advance or construct any proposed North State Route 710 tunnel. Any funds remaining in the SR-710 Rehabilitation Account on the date that final payment due for the last of the properties repaired has been made, less any reimbursements due to the federal government, shall be transferred to the State Highway Account in the State Transportation Fund, to be used exclusively for the purposes described in this section.\n(b) Notwithstanding any other law, the net proceeds from a subsequent market sale of surplus residential property sold pursuant to this article at an affordable or reasonable price, as specified in regulations adopted by the department, shall be deposited into the Affordable Housing Trust Account, which is hereby created within the Housing Finance Fund and, notwithstanding Section 13340, continuously appropriated to the California Housing Finance Agency to carry out any activity authorized by Part 3 (commencing with Section 50900) of Division 31 of the Health and Safety Code for the benefit of persons and families of low and moderate income residing exclusively in Pasadena, South Pasadena, Alhambra, La Ca\u00f1ada Flintridge, and the 90032 postal ZIP Code. The priority for the distribution of proceeds from subsequent sales shall be established pursuant to regulations adopted by the department.\nSEC. 3.\nThe 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 relating to affordable housing and surplus properties in the State Route 710 corridor.\nSEC. 4.\nThis 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:\nIn order to implement the sale of historic properties in the State Route 710 corridor, it is necessary that this act take effect immediately.","title":""}
{"_id":"c402","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 8547.2 of the Government Code is amended to read:\n8547.2.\nFor the purposes of this article, the following terms have the following meanings:\n(a) \u201cEmployee\u201d means an individual appointed by the Governor, or employed or holding office in a state agency as defined by Section 11000, including, for purposes of Sections 8547.3 to 8547.7, inclusive, an employee of the California State University, or an individual appointed by the Legislature to a state board or commission and who is not a Member or employee of the Legislature. In addition, \u201cemployee\u201d means a person employed by the Supreme Court, a court of appeal, a superior court, or the Administrative Office of the Courts for the purposes of Sections 8547.3 to 8547.7, inclusive, and Section 8547.13, except for those provisions of Section 8547.4 concerning notice of adverse action and the State Personnel Board. \u201cEmployee\u201d includes a former employee who met the criteria of this subdivision during his or her employment.\n(b) \u201cIllegal order\u201d means a directive to violate or assist in violating a federal, state, or local law, rule, or regulation, or an order to work or cause others to work in conditions outside of their line of duty that would unreasonably threaten the health or safety of employees or the public.\n(c) \u201cImproper governmental activity\u201d means an activity by a state agency or by an employee that is undertaken in the performance of the employee\u2019s duties, undertaken inside a state office, or, if undertaken outside a state office by the employee, directly relates to state government, whether or not that activity is within the scope of his or her employment, and that (1) is in violation of any state or federal law or regulation, including, but not limited to, corruption, malfeasance, bribery, theft of government property, fraudulent claims, fraud, coercion, conversion, malicious prosecution, misuse of government property, or willful omission to perform duty, (2) is in violation of an Executive order of the Governor, a California Rule of Court, or any policy or procedure mandated by the State Administrative Manual or State Contracting Manual, or (3) is economically wasteful, involves gross misconduct, incompetency, or inefficiency. For purposes of Sections 8547.4, 8547.5, 8547.7, 8547.10, and 8547.11, \u201cimproper governmental activity\u201d includes any activity by the University of California or by an employee, including an officer or faculty member, who otherwise meets the criteria of this subdivision. For purposes of Sections 8547.4, 8547.5, and 8547.13, \u201cimproper governmental activity\u201d includes any activity by the Supreme Court, a court of appeal, a superior court, or the Administrative Office of the Courts, or by an employee thereof, who otherwise meets the criteria of this subdivision.\n(d) \u201cPerson\u201d means an individual, corporation, trust, association, a state or local government, or an agency or instrumentality of any of the foregoing.\n(e) \u201cProtected disclosure\u201d means a good faith communication, including a communication based on, or when carrying out, job duties, that discloses or demonstrates an intention to disclose information that may evidence (1) an improper governmental activity, or (2) a condition that may significantly threaten the health or safety of employees or the public if the disclosure or intention to disclose was made for the purpose of remedying that condition. Protected disclosure specifically includes a good faith communication to the\nCalifornia\nState Auditor\u2019s Office alleging an improper governmental activity and any evidence delivered to the\nCalifornia\nState Auditor\u2019s Office in support of the allegation. \u201cProtected disclosure\u201d also includes, but is not limited to, a complaint made to the Commission on Judicial Performance.\n(f) \u201cState agency\u201d is defined by Section 11000. \u201cState agency\u201d includes the University of California for purposes of Sections 8547.5 to 8547.7, inclusive,\nand Section 8547.16,\nand the California State University for purposes of Sections 8547.3 to 8547.7,\ninclusive.\ninclusive, and Section 8547.16.\nSections 8547.3 to 8547.7, inclusive, shall apply to the Supreme Court, the courts of appeal, the superior courts, and the Administrative Office of the Courts in the same manner as they apply to a state agency.\nSECTION 1.\nSEC. 2.\nSection 8547.16 is added to the Government Code, to read:\n8547.16.\nAny\n(a) A\nstate agency that utilizes a whistleblower investigation policy separate from this article shall publicly report, in the manner in which the State Auditor is authorized to publicly report pursuant to subdivision (c) of Section 8547.7, any investigation of a whistleblower complaint that has substantiated improper governmental activities.\n(b) This section shall not be deemed to require the disclosure of a public record that is otherwise not required to be disclosed pursuant to any other state law, including, but not limited to, the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1).","title":""}
{"_id":"c258","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 27491.41 of the Government Code is amended to read:\n27491.41.\n(a) For purposes of this section, \u201csudden infant death syndrome\u201d means the sudden death of any infant that is unexpected by the history of the infant and where a thorough postmortem examination fails to demonstrate an adequate cause of death.\n(b) The Legislature finds and declares that sudden infant death syndrome, also referred to as SIDS, is the leading cause of death for children under age one, striking one out of every 500 children. The Legislature finds and declares that sudden infant death syndrome is a serious problem within the State of California, and that the public interest is served by research and study of sudden infant death syndrome and its potential causes and indications.\n(c) (1) To facilitate these purposes, the coroner shall, within 24 hours or as soon thereafter as feasible, perform an autopsy in any case where an infant has died suddenly and unexpectedly.\n(2) However, if the attending physician desires to certify that the cause of death is sudden infant death syndrome, an autopsy may be performed at the discretion of the coroner. If the coroner performs an autopsy pursuant to this section, he or she shall also certify the cause of death.\n(d) The autopsy shall be conducted pursuant to a standardized protocol developed by the State Department of Public Health. The protocol is exempt from the procedural requirements pertaining to the adoption of administrative rules and regulations pursuant to Article 5 (commencing with Section 11346) of Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government Code.\n(e) The protocol shall be followed by all coroners throughout the state when conducting the autopsies required by this section. The coroner shall state on the certificate of death that sudden infant death syndrome was the cause of death when the coroner\u2019s findings are consistent with the definition of sudden infant death syndrome specified in the standardized autopsy protocol. The protocol may include requirements and standards for scene investigations, requirements for specific data, criteria for ascertaining cause of death based on the autopsy, and criteria for any specific tissue sampling, and any other requirements. The protocol may also require that specific tissue samples shall be provided to a central tissue repository designated by the State Department of Public Health.\n(f) The State Department of Public Health shall establish procedures and protocols for access by researchers to any tissues, or other materials or data authorized by this section. Research may be conducted by any individual with a valid scientific interest and prior approval from the State Committee for the Protection of Human Subjects. The tissue samples, the materials, and all data shall be subject to the confidentiality requirements of Section 103850 of the Health and Safety Code.\n(g) The coroner may take tissue samples for research purposes from infants who have died suddenly and unexpectedly without consent of the responsible adult if the tissue removal is not likely to result in any visible disfigurement.\n(h) A coroner shall not be liable for damages in a civil action for any act or omission done in compliance with this section.\n(i) Consent of any person is not required before undertaking the autopsy required by this section.\nSEC. 1.5.\nSection 27491.41 of the Government Code is amended to read:\n27491.41.\n(a) For purposes of this section, \u201csudden infant death syndrome\u201d means the sudden death of any infant that is unexpected by the history of the infant and where a thorough postmortem examination fails to demonstrate an adequate cause of death.\n(b) The Legislature finds and declares that sudden infant death syndrome, also referred to as SIDS, is the leading cause of death for children under age one, striking one out of every 500 children. The Legislature finds and declares that sudden infant death syndrome is a serious problem within the State of California, and that the public interest is served by research and study of sudden infant death syndrome and its potential causes and indications.\n(c) (1) To facilitate these purposes, the coroner shall, within 24 hours or as soon thereafter as feasible, cause an autopsy to be performed in any case where an infant has died suddenly and unexpectedly.\n(2) However, if the attending licensed physician and surgeon desires to certify that the cause of death is sudden infant death syndrome, an autopsy may be performed at the discretion of the coroner. If the coroner causes an autopsy to be performed pursuant to this section, he or she shall also certify the cause of death.\n(d) The autopsy shall be conducted pursuant to a standardized protocol developed by the State Department of Public Health. The protocol is exempt from the procedural requirements pertaining to the adoption of administrative rules and regulations pursuant to Article 5 (commencing with Section 11346) of Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government Code.\n(e) The protocol shall be followed by all coroners throughout the state when conducting an evaluation as part of an autopsy required by this section. The coroner shall state on the certificate of death that sudden infant death syndrome was the cause of death when the coroner\u2019s findings are consistent with the definition of sudden infant death syndrome specified in the standardized autopsy protocol. The protocol may include requirements and standards for scene investigations, requirements for specific data, criteria for ascertaining cause of death based on the autopsy, and criteria for any specific tissue sampling, and any other requirements. The protocol may also require that specific tissue samples shall be provided to a central tissue repository designated by the State Department of Public Health.\n(f) The State Department of Public Health shall establish procedures and protocols for access by researchers to any tissues, or other materials or data authorized by this section. Research may be conducted by any individual with a valid scientific interest and prior approval from the State Committee for the Protection of Human Subjects. The tissue samples, the materials, and all data shall be subject to the confidentiality requirements of Section 103850 of the Health and Safety Code.\n(g) The coroner may take tissue samples for research purposes from infants who have died suddenly and unexpectedly without consent of the responsible adult if the tissue removal is not likely to result in any visible disfigurement.\n(h) A coroner or licensed physician and surgeon shall not be liable for damages in a civil action for any act or omission done in compliance with this section.\n(i) Consent of any person is not required before undertaking the autopsy required by this section.\nSEC. 2.\nSection 27491.42 is added to the Government Code, to read:\n27491.42.\n(a) For purposes of this article, \u201csudden unexplained death in childhood\u201d means the sudden death of a child one year of age or older but under 18 years of age that is unexplained by the history of the child and where a thorough postmortem examination fails to demonstrate an adequate cause of death.\n(b) The coroner shall notify the parent or responsible adult of a child described in subdivision (a) about the importance of taking tissue samples.\n(c) A coroner shall not be liable for damages in a civil action for any act or omission in compliance with this section.\nSEC. 3.\nSection 1.5 of this bill incorporates amendments to Section 27491.41 of the Government Code proposed by both this bill and Senate Bill 1189. 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 27491.41 of the Government Code, and (3) this bill is enacted after Senate Bill 1189, in which case Section 1 of this bill shall not become operative.\nSEC. 4.\nIf 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.","title":""}
{"_id":"c316","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 48412 of the Education Code is amended to read:\n48412.\n(a) (1) A person 16 years of age or older, or who has been enrolled in the 10th grade for one academic year or longer, or who will complete one academic year of enrollment in the 10th grade at the end of the semester during which the next regular examination will be conducted, may have his or her proficiency in basic skills taught in public high schools verified according to criteria established by the State Department of Education.\n(2) The state board shall award a \u201ccertificate of proficiency\u201d to persons who demonstrate that proficiency. The certificate of proficiency shall be equivalent to a high school diploma, and the department shall keep a permanent record of the issuance of all certificates.\n(b) (1) The department shall develop standards of competency in basic skills taught in public high schools and shall provide for the administration of examinations prepared by or with the approval of the department to verify competency. Regular examinations shall be held once in the fall semester and once in the spring semester of every academic year on a date, as determined by the department, that will enable notification of examinees and the schools they attend, if any, of the results thereof not later than two weeks prior to the date on which that semester ends in a majority of school districts that maintain high schools.\n(2) In addition to regular examinations, the department may, at the discretion of the Superintendent, conduct examinations for all eligible persons once during each summer recess and may conduct examinations at any other time that the Superintendent deems necessary to accommodate eligible persons whose religious convictions or physical handicaps prevent their attending one of the regular examinations.\n(c) (1) The department may charge a fee for each examination application in an amount sufficient to recover the costs of administering the requirements of this section. However, the fee shall not exceed an amount equal to the cost of test renewal and administration per examination application. All fees levied and collected pursuant to this section shall be deposited in the State Treasury for remittance to the current support appropriation of the department as reimbursement for costs of administering this section. Any reimbursements collected in excess of actual costs of administration of this section shall be transferred to the unappropriated surplus of the General Fund by order of the Director of Finance.\n(2) The department shall not charge the fee to an examinee who meets all of the following criteria:\n(A) The examinee qualifies as a homeless child or youth, as defined in paragraph (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)).\n(B) The examinee has not attained 25 years of age as of the date of the scheduled examination.\n(C) The examinee can verify his or her status as a homeless child or youth. A homeless services provider that has knowledge of the examinee\u2019s housing status may verify the examinee\u2019s status for purposes of this subparagraph.\n(3) For purposes of this subdivision, a \u201chomeless services provider\u201d includes either of the following:\n(A) A homeless services provider listed in paragraph (3) of subdivision (d) of Section 103577 of the Health and Safety Code.\n(B) Any other person or entity that is qualified to verify an individual\u2019s housing status, as determined by the department.\n(4) The loss of fees pursuant to paragraph (2), if any, shall be deemed to be a cost of administering this section for purposes of paragraph (1).\n(d) (1) The state board shall adopt rules and regulations as are necessary for implementation of this section.\n(2) Notwithstanding paragraph (1), the state board shall adopt emergency regulations, as necessary, to implement the provisions of subdivision (c), as amended by the act that added this paragraph. The adoption of these regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health, and safety, or general welfare.\n(e) The department shall periodically review the effectiveness of the examinations administered pursuant to this section. The costs of this review may be recovered through the fees levied pursuant to subdivision (c).\n(f) (1) On or before December 1, 2018, the Superintendent shall submit a report to the appropriate policy and fiscal committees of the Legislature that includes, but is not limited to, all of the following:\n(A) The number of homeless youth that took a high school proficiency test in each of the 2016, 2017, and 2018 calendar years.\n(B) The impact of the opportunity to take a high school proficiency test at no cost on the number and percentage of homeless youth taking a high school proficiency test.\n(C) The estimated number of homeless youth who may take a high school proficiency test in future years.\n(D) Recommendations for a permanent funding source to cover the cost of the waived fees.\n(E) The annual and projected administrative cost to the department.\n(F) The annual and projected reimbursement to contractors pursuant to this section.\n(2) The requirement for submitting a report imposed under paragraph (1) is inoperative on January 1, 2020, pursuant to Section 10231.5 of the Government Code.\n(g) Additional state funds shall not be appropriated for purposes of implementing paragraph (2) of subdivision (c).\nSEC. 2.\nSection 51421 of the Education Code is amended to read:\n51421.\n(a) The Superintendent may charge a one-time only fee, established by the state board, to be submitted by an examinee when registering for the test sufficient in an amount not greater than the amount required to pay the cost of administering this article, including costs related to subdivision (b), and for the cost of providing services related to the completion of the general educational development test. The amount of each fee may not exceed twenty dollars ($20) per person.\n(b) The examinee shall be responsible for submitting to the Superintendent both of the following requests:\n(1) A request for a duplicate copy of the high school equivalency certificate.\n(2) A request to forward a report of the results of a general educational development test to a postsecondary educational institution.\nSEC. 3.\nSection 51421.5 is added to the Education Code, to read:\n51421.5.\n(a) If, for purposes of this article, a contractor or testing center charges an examinee its own separate fee, the contractor or testing center shall not charge that fee to an examinee who meets all of the following criteria:\n(1) The examinee qualifies as a homeless child or youth, as defined in paragraph (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)).\n(2) The examinee has not attained 25 years of age as of the date of the scheduled examination.\n(3) The examinee can verify his or her status as a homeless child or youth. A homeless services provider that has knowledge of the examinee\u2019s housing status may verify the examinee\u2019s status for purposes of this paragraph.\n(b) For purposes of this section, a \u201chomeless services provider\u201d includes either of the following:\n(1) A homeless services provider listed in paragraph (3) of subdivision (d) of Section 103577 of the Health and Safety Code.\n(2) Any other person or entity that is qualified to verify an individual\u2019s housing status, as determined by the department.\n(c) Additional state funds shall not be appropriated for purposes of implementing this section.\n(d) Notwithstanding subdivision (c), the Superintendent may use surplus funds in the Special Deposit Fund Account, established pursuant to Section 51427, to reimburse contractors for the loss of fees, if any, pursuant to this section. A contract executed by the department for the provision of examinations pursuant to Section 51421 or this section shall require that any contracting party accept all examinees, including those entitled to a fee waiver pursuant to this section. For purposes of this subdivision, \u201csurplus funds\u201d are funds remaining after the costs permitted by subdivision (a) of Section 51421 are paid.\n(e) On or before December 1, 2018, the Superintendent shall submit a report to the appropriate policy and fiscal committees of the Legislature that includes, but is not limited to, all of the following:\n(A) The number of homeless youth that took a high school equivalency test in each of the 2016, 2017, and 2018 calendar years.\n(B) The impact of the opportunity to take a high school equivalency test at no cost on the number and percentage of homeless youth taking a high school equivalency test.\n(C) The estimated number of homeless youth who may take a high school equivalency test in future years.\n(D) Recommendations for a permanent funding source to cover the cost of the waived fees.\n(E) The annual and projected administrative cost to the department.\n(F) The annual and projected reimbursement to the contractor pursuant to this section.\n(f) The Superintendent shall adopt emergency regulations, as necessary, to implement this section. The adoption of these regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health, and safety, or general welfare.\n(g) The department shall include a provision in all memorandums of understanding with contractors for purposes of providing a high school equivalency test, that if the surplus funds in the Special Deposit Fund Account are depleted, the ongoing costs of a fee waiver for an examinee deemed eligible for a waiver pursuant to this section shall be absorbed by the contractor.\n(h) This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2020, deletes or extends the dates on which it becomes inoperative and is repealed.\nSEC. 4.\nSection 51421.5 is added to the Education Code, to read:\n51421.5.\n(a) If, for purposes of this article, a contractor or testing center charges an examinee its own separate fee, the contractor or testing center shall not charge that fee to an examinee who meets all of the following criteria:\n(1) The examinee qualifies as a homeless child or youth, as defined in paragraph (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)).\n(2) The examinee has not attained 25 years of age as of the date of the scheduled examination.\n(3) The examinee can verify his or her status as a homeless child or youth. A homeless services provider that has knowledge of the examinee\u2019s housing status may verify the examinee\u2019s status for purposes of this paragraph.\n(b) For purposes of this section, a \u201chomeless services provider\u201d includes either of the following:\n(1) A homeless services provider listed in paragraph (3) of subdivision (d) of Section 103577 of the Health and Safety Code.\n(2) Any other person or entity that is qualified to verify an individual\u2019s housing status, as determined by the department.\n(c) Additional state funds shall not be appropriated for purposes of implementing this section.\n(d) The Superintendent shall adopt emergency regulations, as necessary, to implement this section. The adoption of these regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health, and safety, or general welfare.\n(e) The department shall include a provision in all memorandums of understanding with contractors for purposes of providing a high school equivalency test, that if the surplus funds in the Special Deposit Fund Account are depleted, the ongoing costs of a fee waiver for an examinee deemed eligible for a waiver pursuant to this section shall be absorbed by the contractor.\n(f) This section shall become operative on July 1, 2019.","title":""}
{"_id":"c70","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nPart 20 (commencing with Section 870) is added to Division 2 of the Probate Code, to read:\nPART 20. Revised Uniform Fiduciary Access to Digital Assets Act\n870.\nThis part shall be known, and may be cited, as the Revised Uniform Fiduciary Access to Digital Assets Act.\n871.\nAs used in this part, the following terms shall have the following meanings:\n(a) \u201cAccount\u201d means an arrangement under a terms-of-service agreement in which the custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user.\n(b) \u201cCarries\u201d means engages in the transmission of electronic communications.\n(c) \u201cCatalogue of electronic communications\u201d means information that identifies each person with which a user has had an electronic communication, the time and date of the communication, and the electronic address of the person.\n(d) \u201cContent of an electronic communication\u201d means information concerning the substance or meaning of the communication, which meets all of the following requirements:\n(1) Has been sent or received by a user.\n(2) Is in electronic storage by a custodian providing an electronic communication service to the public or is carried or maintained by a custodian providing a remote-computing service to the public.\n(3) Is not readily accessible to the public.\n(e) \u201cCourt\u201d means the superior court presiding over the judicial proceedings which have been initiated under this code to administer the estate of the deceased user, or, if none, the superior court sitting in the exercise of jurisdiction under this code in the county of the user\u2019s domicile, and the court, as defined in this section, shall have exclusive jurisdiction over proceedings brought under this part.\n(f) \u201cCustodian\u201d means a person that carries, maintains, processes, receives, or stores a digital asset of a user.\n(g) \u201cDesignated recipient\u201d means a person chosen by a user using an online tool to administer digital assets of the user.\n(h) \u201cDigital asset\u201d means an electronic record in which an individual has a right or interest. The term \u201cdigital asset\u201d does not include an underlying asset or liability, unless the asset or liability is itself an electronic record.\n(i) \u201cElectronic\u201d means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.\n(j) \u201cElectronic communication\u201d has the same meaning as the definition in Section 2510(12) of Title 18 of the United States Code.\n(k) \u201cElectronic communication service\u201d means a custodian that provides to a user the ability to send or receive an electronic communication.\n(l) \u201cFiduciary\u201d means an original, additional, or successor personal representative or trustee.\n(m) \u201cInformation\u201d means data, text, images, videos, sounds, codes, computer programs, software, databases, or other items with like characteristics.\n(n) \u201cOnline tool\u201d means an electronic service provided by a custodian that allows the user, in an agreement distinct from the terms-of-service agreement between the custodian and user, to provide directions for disclosure or nondisclosure of digital assets to a third person.\n(o) \u201cPerson\u201d means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity.\n(p) \u201cPersonal representative\u201d means an executor, administrator, special administrator, or person that performs substantially the same function under any other law.\n(q) \u201cPower of attorney\u201d means a record that grants an agent authority to act in the place of the principal.\n(r) \u201cRecord\u201d means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form.\n(s) \u201cRemote-computing service\u201d means a custodian that provides to a user computer processing services or the storage of digital assets by means of an electronic communications system, as defined in Section 2510(14) of Title 18 of the United States Code.\n(t) \u201cTerms-of-service agreement\u201d means an agreement that controls the relationship between a user and a custodian.\n(u) \u201cTrustee\u201d means a fiduciary with legal title to property under an agreement or declaration that creates a beneficial interest in another. The term includes a successor trustee.\n(v) \u201cUser\u201d means a person that has an account with a custodian.\n(w) \u201cWill\u201d includes a codicil, a testamentary instrument that only appoints an executor, or an instrument that revokes or revises a testamentary instrument.\n872.\n(a) This part shall apply to any of the following:\n(1) A fiduciary acting under a will executed before, on, or after January 1, 2017.\n(2) A personal representative acting for a decedent who died before, on, or after January 1, 2017.\n(3) A trustee acting under a trust created before, on, or after January 1, 2017.\n(4) A custodian of digital assets for a user if the user resides in this state or resided in this state at the time of the user\u2019s death.\n(b) This part shall not apply to a digital asset of an employer used by an employee in the ordinary course of the employer\u2019s business.\n873.\n(a) A user may use an online tool to direct the custodian to disclose to a designated recipient or not disclose some or all of the user\u2019s digital assets, including the content of electronic communications. If the online tool allows the user to modify or delete a direction at all times, a direction regarding disclosure using an online tool overrides a contrary direction by the user in a will, trust, power of attorney, or other record.\n(b) If a user has not used an online tool to give direction under subdivision (a) or if a custodian has not provided an online tool, a user may allow or prohibit in a will, trust, power of attorney, or other record the disclosure to a fiduciary of some or all of the user\u2019s digital assets, including the contents of electronic communications sent or received by the user.\n(c) A user\u2019s direction under subdivision (a) or (b) overrides a contrary provision in a terms-of-service agreement.\n874.\n(a) This part does not change or impair a right of a custodian or a user under a terms-of-service agreement to access and use digital assets of a user.\n(b) This part does not give a fiduciary or designated recipient any new or expanded rights other than those held by the user for whom, or for whose estate or trust, the fiduciary or designated recipient acts or represents.\n(c) A fiduciary\u2019s or designated recipient\u2019s access to digital assets may be modified or eliminated by a user, by federal law, or by a terms-of-service agreement when the user has not provided any direction that is recognized in Section 873.\n875.\n(a) When disclosing the digital assets of a user under this part, the custodian may, in its sole discretion, do any of the following:\n(1) Grant the fiduciary or designated recipient full access to the user\u2019s account.\n(2) Grant the fiduciary or designated recipient partial access to the user\u2019s account sufficient to perform the tasks with which the fiduciary or designated recipient is charged.\n(3) Provide the fiduciary or designated recipient with a copy in a record of any digital asset that, on the date the custodian received the request for disclosure, the user could have accessed if the user were alive and had full capacity and access to the account.\n(b) A custodian may assess a reasonable administrative charge for the cost of disclosing digital assets under this part.\n(c) A custodian need not disclose under this part a digital asset deleted by a user.\n(d) If a user directs or a fiduciary or designated recipient requests a custodian to disclose under this part some, but not all, of the user\u2019s digital assets, the custodian need not disclose the assets if segregation of the assets would impose an undue burden on the custodian. If the custodian believes the direction or request imposes an undue burden, the custodian, fiduciary, or designated recipient may petition the court for an order to do any of the following:\n(1) Disclose a subset limited by date of the user\u2019s digital assets.\n(2) Disclose all of the user\u2019s digital assets to the fiduciary or designated recipient.\n(3) Disclose none of the user\u2019s digital assets.\n(4) Disclose all of the user\u2019s digital assets to the court for review in camera.\n876.\nIf a deceased user consented to or a court directs disclosure of the content of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by the user if the personal representative gives to the custodian all of the following:\n(a) A written request for disclosure in physical or electronic form.\n(b) A certified copy of the death certificate of the user.\n(c) A certified copy of the letter of appointment of the representative, a small-estate affidavit under Section 13101, or court order.\n(d) Unless the user provided direction using an online tool, a copy of the user\u2019s will, trust, power of attorney, or other record evidencing the user\u2019s consent to disclosure of the content of electronic communications.\n(e) If requested by the custodian, any of the following:\n(1) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user\u2019s account.\n(2) Evidence linking the account to the user.\n(3) An order of the court finding any of the following:\n(A) That the user had a specific account with the custodian, identifiable by the information specified in paragraph (1).\n(B) That disclosure of the content of the user\u2019s electronic communications would not violate Chapter 121 (commencing with Section 2701) of Part 1 of Title 18 of, and Section 222 of Title 47 of, the United States Code, or other applicable law.\n(C) Unless the user provided direction using an online tool, that the user consented to disclosure of the content of electronic communications.\n(D) That disclosure of the content of electronic communications of a user is reasonably necessary for estate administration.\n877.\nUnless the user prohibited disclosure of digital assets or the court directs otherwise, a custodian shall disclose to the personal representative of the estate of a deceased user a catalogue of electronic communications sent or received by the user and digital assets, other than the content of electronic communications, of the user, if the personal representative gives to the custodian all of the following:\n(a) A written request for disclosure in physical or electronic form.\n(b) A certified copy of the death certificate of the user.\n(c) A certified copy of the letter of appointment of the representative, a small-estate affidavit under Section 13101, or court order.\n(d) If requested by the custodian, any of the following:\n(1) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user\u2019s account.\n(2) Evidence linking the account to the user.\n(3) An affidavit stating that disclosure of the user\u2019s digital assets is reasonably necessary for estate administration.\n(4) An order of the court finding either of the following:\n(A) That the user had a specific account with the custodian, identifiable by the information specified in paragraph (1).\n(B) That disclosure of the user\u2019s digital assets is reasonably necessary for estate administration.\n878.\nUnless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account the content of an electronic communication sent or received by an original or successor user and carried, maintained, processed, received, or stored by the custodian in the account of the trust if the trustee gives to the custodian all of the following:\n(a) A written request for disclosure in physical or electronic form.\n(b) A certified copy of the death certificate of the settlor.\n(c) A certified copy of the trust instrument, or a certification of trust under Section 18100.5, evidencing the settlor\u2019s consent to disclosure of the content of electronic communications to the trustee.\n(d) A certification by the trustee, under penalty of perjury, that the trust exists and that the trustee is a currently acting trustee of the trust.\n(e) If requested by the custodian, any of the following:\n(1) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust\u2019s account.\n(2) Evidence linking the account to the trust.\n879.\nUnless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose, to a trustee that is not an original user of an account, the catalogue of electronic communications sent or received by an original or successor user and stored, carried, or maintained by the custodian in an account of the trust and any digital assets, other than the content of electronic communications, in which the trust has a right or interest if the settlor of the trust is deceased and the trustee gives the custodian all of the following:\n(a) A written request for disclosure in physical or electronic form.\n(b) A certified copy of the death certificate of the settlor.\n(c) A certified copy of the trust instrument or a certification of trust under Section 18100.5.\n(d) A certification by the trustee, under penalty of perjury, that the trust exists and that the trustee is a currently acting trustee of the trust.\n(e) If requested by the custodian, any of the following:\n(1) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust\u2019s account.\n(2) Evidence linking the account to the trust.\n880.\n(a) The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including all of the following:\n(1) The duty of care.\n(2) The duty of loyalty.\n(3) The duty of confidentiality.\n(b) All of the following shall apply to a fiduciary\u2019s or designated recipient\u2019s authority with respect to a digital asset of a user:\n(1) Except as otherwise provided in Section 873, a fiduciary\u2019s or designated recipient\u2019s authority is subject to the applicable terms-of-service agreement.\n(2) A fiduciary\u2019s or designated recipient\u2019s authority is subject to other applicable law, including copyright law.\n(3) In the case of a fiduciary, a fiduciary\u2019s authority is limited by the scope of the fiduciary\u2019s duties.\n(4) A fiduciary\u2019s or designated recipient\u2019s authority may not be used to impersonate the user.\n(c) A fiduciary with authority over the property of a decedent or settlor has the right of access to any digital asset in which the decedent or settlor had a right or interest and that is not held by a custodian or subject to a terms-of-service agreement. Nothing in this subdivision requires a custodian to share passwords or decrypt protected devices.\n(d) A fiduciary acting within the scope of the fiduciary\u2019s duties is an authorized user of the property of the decedent or settlor for the purpose of applicable computer-fraud and unauthorized-computer-access laws.\n(e) The following shall apply to a fiduciary with authority over the tangible, personal property of a decedent or settlor:\n(1) The fiduciary has the right to access the property and any digital asset stored in it. Nothing in this subdivision requires a custodian to share passwords or decrypt protected devices.\n(2) The fiduciary is an authorized user for purposes of any applicable computer-fraud and unauthorized-computer-access laws.\n(f) A custodian may disclose information in an account to a fiduciary of the decedent or settlor when the information is required to terminate an account used to access digital assets licensed to the user.\n(g) A fiduciary of a decedent or settlor may request a custodian to terminate the user\u2019s account. A request for termination shall be in writing, in either physical or electronic form, and accompanied by all of the following:\n(1) If the user is deceased, a certified copy of the death certificate of the user.\n(2) A certified copy of the letter of appointment of the representative, a small-estate affidavit under Section 13101, a court order, a certified copy of the trust instrument, or a certification of the trust under Section 18100.5 giving the fiduciary authority over the account.\n(3) If requested by the custodian, any of the following:\n(A) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user\u2019s account.\n(B) Evidence linking the account to the user.\n(C) A finding by the court that the user had a specific account with the custodian, identifiable by the information specified in subparagraph (A).\n881.\n(a) Not later than 60 days after receipt of the information required under Sections 876 to 879, inclusive, a custodian shall comply with a request under this part from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodian fails to comply with a request, the fiduciary or designated recipient may apply to the court for an order directing compliance.\n(b) An order under subdivision (a) directing compliance shall contain a finding that compliance is not in violation of Section 2702 of Title 18 of the United States Code.\n(c) A custodian may notify a user that a request for disclosure of digital assets or to terminate an account was made pursuant to this part.\n(d) A custodian may deny a request under this part from a fiduciary or designated recipient for disclosure of digital assets or to terminate an account if the custodian is aware of any lawful access to the account following the date of death of the user.\n(e) This part does not limit a custodian\u2019s ability to obtain or to require a fiduciary or designated recipient requesting disclosure or account termination under this part to obtain a court order that makes all of the following findings:\n(1) The account belongs to the decedent, principal, or trustee.\n(2) There is sufficient consent from the decedent, principal, or settlor to support the requested disclosure.\n(3) Any specific factual finding required by any other applicable law in effect at that time, including, but not limited to, a finding that disclosure is not in violation of Section 2702 of Title 18 of the United States Code.\n(f) A custodian and its officers, employees, and agents are immune from liability for an act or omission done in good faith in compliance with this part.\n882.\nThis part modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. Sec. 7001 et seq.), but does not modify, limit, or supersede Section 101(c) of that act (15 U.S.C. Sec. 7001(c)) or authorize electronic delivery of any of the notices described in Section 103(b) of that act (15 U.S.C. Sec. 7003(b)).\n883.\nDisclosure of the contents of the deceased user\u2019s or settlor\u2019s account to a fiduciary of the deceased user or settlor is subject to the same license, restrictions, terms of service, and legal obligations, including copyright law, that applied to the deceased user or settlor.\n884.\nIf any provision of this part or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this part that can be given effect without the invalid provision or application, and, to this end, the provisions of this part are severable.","title":""}
{"_id":"c76","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 102025 of the Public Utilities Code is amended to read:\n102025.\n\u201cMember entity\u201d means a city or county that is within the boundaries of the district as defined in Section 102052.5.\nSEC. 2.\nSection 102052.5 of the Public Utilities Code is repealed.\nSEC. 3.\nSection 102052.5 is added to the Public Utilities Code, to read:\n102052.5.\n(a) The boundaries of the district shall include (1) the City of Sacramento and the City of Rancho Cordova; (2) the unincorporated territory of the County of Sacramento that is within the urban service area, as determined by the Board of Supervisors, and not otherwise divided from the rest of the unincorporated territory that is within the urban service area by an incorporated city not previously described in this subdivision; (3) a city or county listed in Section 102051 that has annexed to the district pursuant to the process specified in Section 102055; and (4) a city incorporated on or after January 1, 2016, which city consists entirely of territory that was included in the district prior to the city\u2019s incorporation.\n(b) (1) The boundaries of the district shall not be affected by the incorporation of any territory wholly or partly within the boundaries of the district or by reason of annexation to or detachment from any city or territory wholly or partly within the boundaries of the district, except as provided in this section.\n(2) Where territory outside the district is annexed to any city included in the district, that territory shall, upon the completion of the annexation proceeding, be deemed incorporated into and annexed to the district.\n(3) Where territory is incorporated as a new city, on or after January 1, 2016, and is partly within and partly outside the district, the entire territory shall, upon completion of the incorporation proceeding, be deemed incorporated into and annexed to the district.\n(4) Where territory that is within the boundaries of the district is annexed to any city that is not a member entity, that territory shall remain part of the district unless, at the time of annexation, (A) no transit service is operated by the district within the annexed territory or within one-half mile of any outside boundary of the annexed territory and (B) no transit service is planned by the district, as evidenced by the district\u2019s adopted short-range transit plan, for the annexed territory or within one-half mile of any outside boundary of the annexed territory within five years of the annexation, in which case that territory may be detached from the district if the Sacramento County Local Agency Formation Commission determines, during the annexation proceedings, that the area would be better served by the annexing city than the district. The detachment may be accomplished without proceeding with the detachment process in Section 102056.\n(c) Whenever territory is deemed incorporated into and annexed to the district pursuant to this section, that territory shall be subject to taxation, in accordance with the assessable valuation of the property in that territory for general district purposes and for payment of any indebtedness previously or thereafter incurred by the district.\nSEC. 4.\nSection 102053 of the Public Utilities Code is amended to read:\n102053.\nThe district may operate and exercise the powers under this part within any city, provided that the district shall have no power to levy an ad valorem property tax within the boundaries of any city that is not within the boundaries of the district as defined in Section 102052.5.\nSEC. 5.\nSection 102054 of the Public Utilities Code is amended to read:\n102054.\nThe district may operate and exercise the powers under this part within all or a part of the unincorporated area of any county, provided that the district shall have no power to levy an ad valorem property tax within the unincorporated area that is not within the boundaries of the district as defined in Section 102052.5.\nSEC. 6.\nSection 102055 of the Public Utilities Code is repealed.\nSEC. 7.\nSection 102055 is added to the Public Utilities Code, to read:\n102055.\n(a) Any city or county listed in Section 102051 may be annexed to the district in the manner provided in this section.\n(b) The legislative body of the city or county proposed to be annexed shall agree in writing with the board of directors upon the terms and conditions of annexation, which agreement, among other things, may provide for the levy and collection of special taxes within the city or unincorporated area of the county in addition to the taxes otherwise provided for in this part; the fixing of rates, rentals, and charges differing from those fixed or existing elsewhere within the district; the incurring or assumption of indebtedness; the making of a payment or payments; or the transfer of property, real and personal, and other assets to the district by the city or county.\nSEC. 8.\nSection 102056 is added to the Public Utilities Code, to read:\n102056.\n(a) Territory within the district may be detached from the district by a supermajority vote of the board of directors, which shall be at least 80 percent of the nonweighted vote of the existing board, and by a majority vote of the governing body of the territory proposed to be detached, provided that the detached territory shall not be relieved from liability for taxation for the payment of any bonded indebtedness existing at the time of detachment, and provided that all other pending legal and financial obligations have been resolved by mutual agreement.\n(b) The detachment of territory from the district shall become effective upon giving of the notice required in Section 57204 of the Government Code.\n(c) Notice of the detachment of territory from the district shall be given to each assessor whose roll is used for a tax levy made pursuant to this part and to the State Board of Equalization pursuant to Chapter 8 (commencing with Section 54900) of Part 1 of Division 2 of Title 5 of the Government Code.","title":""}
{"_id":"c405","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 8880.5 of the Government Code is amended to read:\n8880.5.\nAllocations for education:\nThe 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.\n(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).\n(2) For purposes of this paragraph, in each of the 2008\u201309, 2009\u201310, 2010\u201311, 2011\u201312, 2012\u201313, 2013\u201314, and 2014\u201315 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\u201308 fiscal year.\n(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.\n(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.\n(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.\n(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.\n(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.\n(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.\n(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.\n(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\u201384 Second Extraordinary Session.\n(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.\n(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.\n(l) Commencing with the 1998\u201399 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\u201397 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.\n(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.\nSEC. 2.\nThe Legislature finds and declares both of the following:\n(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.\n(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.","title":""}
{"_id":"c99","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 116431 is added to the Health and Safety Code, to read:\n116431.\n(a) At the request of any public water system that prepares and submits a compliance plan to the state board, the state board may grant a period of time to achieve compliance with the primary drinking water standard for hexavalent chromium by the state board\u2019s written approval of the compliance plan.\n(b) (1) A compliance plan shall include all of the following:\n(A) A compelling reason why it is not feasible for the system to presently comply with the primary drinking water standard for hexavalent chromium.\n(B) A summary of the public water system\u2019s review of available funding sources, the best available technology or technologies for treatment, and other options to achieve and maintain compliance with the primary drinking water standard for hexavalent chromium by the earliest feasible date.\n(C) A description of the actions the public water system is taking and will take by milestone dates to comply with the primary drinking water standard for hexavalent chromium by the earliest feasible date. The actions may include, but are not limited to, planning, designing, permitting, financing, constructing, testing, and activating treatment facilities or other capital improvements. The compliance plan shall include the public water system\u2019s best estimate of the funding required for compliance and the actions that the public water system will take to secure the funding. In no event shall the earliest feasible date extend beyond January 1, 2020.\n(2) The state board may do either of the following:\n(A) Approve a compliance plan.\n(B) Provide written comments on the compliance plan to the public water system. The comments may include requiring the public water system\u2019s compliance, prior to January 1, 2020, with the primary drinking water standard for hexavalent chromium if the earliest feasible date, based on review of the compliance plan and based on the public water system\u2019s specific circumstances identified in the plan, is prior to January 1, 2020. If the state board provides written comments, the public water system may submit a revised compliance plan that the state board may approve if the plan timely and adequately addresses any and all written comments provided by the state board.\n(c) The public water system shall provide written notice regarding the compliance plan to the persons served by the public water system at least two times per year. The written notice shall meet the translation requirements provided in subdivision (h) of Section 116450 and shall include notice of all of the following:\n(1) That the public water system is implementing the compliance plan that has been approved by the state board and that demonstrates the public water system is taking the needed feasible actions to comply with the primary drinking water standard for hexavalent chromium. The notice shall summarize those actions in a form and manner determined by the state board. For notices after the initial notice, the public water system shall update information demonstrating progress implementing the compliance plan.\n(2) That the persons served by the public water system have access to alternative drinking water and that the public water system shall provide information on that drinking water. The notice shall identify where that information may be obtained.\n(3) Basic information describing hexavalent chromium, including the level found in drinking water provided by the public water system, the maximum contaminant level for hexavalent chromium, and the possible effects of hexavalent chromium on human health as specified in Appendix 64465-D of Section 64465 of Title 22 of the California Code of Regulations.\n(d) Following the state board\u2019s approval of the compliance plan, the public water system shall submit a written status report to the state board, at a frequency and by a deadline or deadlines set by the state board, for the state board\u2019s approval, that updates the status of actions specified in the state board-approved compliance plan and that specifies any changes to the compliance plan that are needed to achieve compliance with the primary drinking water standard for hexavalent chromium by the earliest feasible date. State board approval of a written status report that includes proposed changes to the compliance plan shall be deemed approval of the proposed changes to the compliance plan and the resulting revised plan.\n(e) A public water system shall not be deemed in violation of the primary drinking water standard for hexavalent chromium while implementing an approved compliance plan. A public water system that has submitted a compliance plan for approval shall not be deemed in violation of the primary drinking water standard for hexavalent chromium while state board action on the proposed and submitted compliance plan is pending.\n(f) (1) At any time, the state board may direct revisions to a compliance plan or disapprove a compliance plan if the state board determines that the actions and timelines addressed in the compliance plan are inadequate to achieve compliance by the earliest feasible date. At any time, the state board may disapprove a written status report if the state board determines that the written status report fails to demonstrate that the public water system is complying with the approved compliance plan by the milestone dates. In these instances, the state board shall provide the public water system with written notice specifying the reason for the required revisions or disapproval and the deficiencies that shall be addressed in a resubmitted compliance plan or written status report.\n(2) A previously approved compliance plan that the state board requires to be revised, or a written status report that is disapproved by the state board, may be revised and resubmitted by the public water system for state board approval within 60 days of receipt of the notice required by paragraph (1). During the 60 days, a public water system shall not be deemed in violation of the primary drinking water standard for hexavalent chromium. A public water system shall not be granted a period of time to achieve compliance with the primary drinking water standard for hexavalent chromium if the public water system fails to submit a revised compliance plan or revised written status report within 60 days of receiving the notice, or submits a revised compliance plan or revised written status report that is subsequently disapproved.\n(3) A compliance plan approved by the state board pursuant to this section shall continue in effect until the earliest feasible compliance date, as specified by the compliance plan, or until the water system fails to retain state board approval of the compliance plan.\n(g) The state board may implement, interpret, or make specific the provisions of this section by means of criteria, published on its Internet Web site. This action by the state board shall not be subject to the rulemaking requirements 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).\n(h) This section does not affect the state\u2019s requirements for establishing drinking water standards for contaminants in drinking water. This section does not apply to any contaminants other than hexavalent chromium. This section is intended to address the specific circumstance that, for some public water systems, compliance with the state\u2019s hexavalent chromium drinking water standard requires the design, financing, and construction of capital improvements. These major compliance actions necessitate a period of time for compliance.\n(i) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.\nSEC. 2.\nNo reimbursement is required by this act pursuant to Section 6 of Article XIII\u2009B 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\u2009B of the California Constitution.\nSEC. 3.\nThis 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:\nThe state\u2019s regulation setting the new maximum contaminant level for hexavalent chromium VI went into effect on July 1, 2014. The regulation required that the initial compliance monitoring under the regulation be performed by January 1, 2015. Some public water systems need to take major compliance actions, such as designing, financing, and constructing water treatment facilities, to comply with the new regulation. To avoid the systems being deemed in violation of the regulation in 2015, and for a limited time period thereafter, it is necessary for this act, which authorizes a period of time to achieve compliance, to take effect immediately.","title":""}
{"_id":"c124","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 12927 of the Government Code is amended to read:\n12927.\nAs used in this part in connection with housing accommodations, unless a different meaning clearly appears from the context:\n(a) \u201cAffirmative actions\u201d means any activity for the purpose of eliminating discrimination in housing accommodations because of race, color, religion, sex, marital status, national origin, ancestry, familial status, or disability.\n(b) \u201cConciliation council\u201d means a nonprofit organization, or a city or county human relations commission, which provides education, factfinding, and mediation or conciliation services in resolution of complaints of housing discrimination.\n(c) (1) \u201cDiscrimination\u201d includes refusal to sell, rent, or lease housing accommodations; includes refusal to negotiate for the sale, rental, or lease of housing accommodations; includes representation that a housing accommodation is not available for inspection, sale, or rental when that housing accommodation is in fact so available; includes any other denial or withholding of housing accommodations; includes provision of inferior terms, conditions, privileges, facilities, or services in connection with those housing accommodations; includes harassment in connection with those housing accommodations; includes the cancellation or termination of a sale or rental agreement; includes the provision of segregated or separated housing accommodations; includes the refusal to permit, at the expense of the disabled person, reasonable modifications of existing premises occupied or to be occupied by the disabled person, if the modifications may be necessary to afford the disabled person full enjoyment of the premises, except that, in the case of a rental, the landlord may, where it is reasonable to do so condition permission for a modification on the renter\u2019s agreeing to restore the interior of the premises to the condition that existed before the modification (other than for reasonable wear and tear), and includes refusal to make reasonable accommodations in rules, policies, practices, or services when these accommodations may be necessary to afford a disabled person equal opportunity to use and enjoy a dwelling.\n(2) \u201cDiscrimination\u201d does not include either of the following:\n(A) Refusal to rent or lease a portion of an owner-occupied single-family house to a person as a roomer or boarder living within the household, provided that no more than one roomer or boarder is to live within the household, and the owner complies with subdivision (c) of Section 12955, which prohibits discriminatory notices, statements, and advertisements.\n(B) Where the sharing of living areas in a single dwelling unit is involved, the use of words stating or tending to imply that the housing being advertised is available only to persons of one sex.\n(d) \u201cHousing accommodation\u201d means any building, structure, or portion thereof that is occupied as, or intended for occupancy as, a residence by one or more families and any vacant land that is offered for sale or lease for the construction thereon of any building, structure, or portion thereof intended to be so occupied.\n(e) \u201cOwner\u201d includes the lessee, sublessee, assignee, managing agent, real estate broker or salesperson, or any person having any legal or equitable right of ownership or possession or the right to rent or lease housing accommodations, and includes the state and any of its political subdivisions and any agency thereof.\n(f) \u201cPerson\u201d includes all individuals and entities that are described in Section 3602(d) of Title 42 of the United States Code, and in the definition of \u201cowner\u201d in subdivision (e) of this section, and all institutional third parties, including the Federal Home Loan Mortgage Corporation.\n(g) \u201cAggrieved person\u201d includes any person who claims to have been injured by a discriminatory housing practice or believes that the person will be injured by a discriminatory housing practice that is about to occur.\n(h) \u201cReal estate-related transactions\u201d include any of the following:\n(1) The making or purchasing of loans or providing other financial assistance that is for the purpose of purchasing, constructing, improving, repairing, or maintaining a dwelling, or that is secured by residential real estate.\n(2) The selling, brokering, or appraising of residential real property.\n(3) The use of territorial underwriting requirements, for the purpose of requiring a borrower in a specific geographic area to obtain earthquake insurance, required by an institutional third party on a loan secured by residential real property.\n(i) \u201cSource of income\u201d means lawful, verifiable income paid directly to a tenant or paid to a representative of a\ntenant. For the purposes of this definition, a landlord is not considered a representative of a tenant.\ntenant, or paid to a housing owner or landlord on behalf of a tenant, including federal, state, or local public assistance and federal, state, or local housing subsidies, including, but not limited to, federal housing assistance vouchers under Section 8 of the United States Housing Act of 1937 (42 U.S.C. Sec. 1437f).\nSECTION 1.\nSEC. 2.\nSection 12955 of the Government Code is amended to read:\n12955.\nIt shall be unlawful:\n(a) For the owner of any housing accommodation to discriminate against or harass any person because of the race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, or genetic information of that person.\n(b) For the owner of any housing accommodation to make or to cause to be made any written or oral inquiry concerning the race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, disability, or genetic information of any person seeking to purchase, rent, or lease any housing accommodation.\n(c) For any person to make, print, or publish, or cause to be made, printed, or published any notice, statement, or advertisement, with respect to the sale or rental of a housing accommodation that indicates any preference, limitation, or discrimination based on race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, or genetic information or an intention to make that preference, limitation, or discrimination.\n(d) For any person subject to the provisions of Section 51 of the Civil Code, as that section applies to housing accommodations, to discriminate against any person on the basis of sex, gender, gender identity, gender expression, sexual orientation, color, race, religion, ancestry, national origin, familial status, marital status, disability, genetic information, source of income, or on any other basis prohibited by that section. Selection preferences based on age, imposed in connection with a federally approved housing program, do not constitute age discrimination in housing.\n(e) For any person, bank, mortgage company\n,\nor other financial institution that provides financial assistance for the purchase, organization, or construction of any housing accommodation to discriminate against any person or group of persons because of the race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, or genetic information in the terms, conditions, or privileges relating to the obtaining or use of that financial assistance.\n(f) For any owner of housing accommodations to harass, evict, or otherwise discriminate against any person in the sale or rental of housing accommodations when the owner\u2019s dominant purpose is retaliation against a person who has opposed practices unlawful under this section, informed law enforcement agencies of practices believed unlawful under this section, has testified or assisted in any proceeding under this part, or has aided or encouraged a person to exercise or enjoy the rights secured by this part. Nothing herein is intended to cause or permit the delay of an unlawful detainer action.\n(g) For any person to aid, abet, incite, compel, or coerce the doing of any of the acts or practices declared unlawful in this section, or to attempt to do so.\n(h) For any person, for profit, to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, ancestry, disability, genetic information, source of income, familial status, or national origin.\n(i) For any person or other organization or entity whose business involves real estate-related transactions to discriminate against any person in making available a transaction, or in the terms and conditions of a transaction, because of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, source of income, familial status, disability, or genetic information.\n(j) To deny a person access to, or membership or participation in, a multiple listing service, real estate brokerage organization, or other service because of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, ancestry, disability, genetic information, familial status, source of income, or national origin.\n(k) To otherwise make unavailable or deny a dwelling based on discrimination because of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, source of income, disability, genetic information, or national origin.\n(l) To discriminate through public or private land use practices, decisions, and authorizations because of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, marital status, disability, genetic information, national origin, source of income, or ancestry. Discrimination includes, but is not limited to, restrictive covenants, zoning laws, denials of use permits, and other actions authorized under the Planning and Zoning Law (Title 7 (commencing with Section 65000)), that make housing opportunities unavailable.\nDiscrimination under this subdivision also includes the existence of a restrictive covenant, regardless of whether accompanied by a statement that the restrictive covenant is repealed or void.\n(m) As used in this section, \u201crace, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, or genetic information,\u201d includes a perception that the person has any of those characteristics or that the person is associated with a person who has, or is perceived to have, any of those characteristics.\n(n) To use a financial or income standard in the rental of housing that fails to account for the aggregate income of persons residing together or proposing to reside together on the same basis as the aggregate income of married persons residing together or proposing to reside together.\n(o) In instances where there is a government rent subsidy, to use a financial or income standard in assessing eligibility for the rental of housing that is not based on the portion of the rent to be paid by the tenant.\n(p) (1) For the purposes of this section, \u201csource of income\u201d means lawful, verifiable income paid directly to a tenant or paid to a representative of a tenant, or paid to a housing owner or landlord on behalf of a tenant, including federal, state, or local public assistance and federal, state, or local housing subsidies, including, but not limited to, federal housing assistance vouchers under Section 8 of the United States Housing Act of 1937 (42 U.S.C. Sec. 1437f).\n(2) For the purposes of this section, it shall not constitute discrimination based on source of income to make a written or oral inquiry concerning the level or source of income.\nSEC. 3.\nIf 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.","title":""}
{"_id":"c57","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nIt is the intent of the Legislature that the statutory changes made by this act do both of the following:\n(a) Encourage increased voter participation.\n(b) Not alter the date of a runoff election provided for in the principal act of a district.\nSEC. 2.\nSection 1000 of the Elections Code is amended to read:\n1000.\n(a) The established election dates in each year are as follows:\n(1) The second Tuesday of April in each even-numbered year.\n(2) The first Tuesday after the first Monday in March of each odd-numbered year.\n(3) The first Tuesday after the first Monday in June in each year.\n(4) The first Tuesday after the first Monday in November of each year.\n(b) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.\nSEC. 3.\nSection 1000 is added to the Elections Code, to read:\n1000.\n(a) The established election dates in each year are as follows:\n(1) The first Tuesday after the first Monday in June.\n(2) The first Tuesday after the first Monday in November.\n(b) This section shall become operative on January 1, 2020.\nSEC. 4.\nSection 1301 of the Elections Code is amended to read:\n1301.\n(a) Except as required by Section 57379 of the Government Code, and except as provided in subdivision (b), a general municipal election shall be held on an established election date pursuant to Section 1000.\n(b) (1) Notwithstanding subdivision (a), a city council may enact an ordinance, pursuant to Division 10 (commencing with Section 10000), requiring its general municipal election to be held the same day as the statewide direct primary election, the day of the statewide general election, the day of school district elections as set forth in Section 1302, the first Tuesday after the first Monday of March in each odd-numbered year, or the second Tuesday of April in each year. An ordinance adopted pursuant to this subdivision shall become operative upon approval by the board of supervisors.\n(2) In the event of consolidation, the general municipal election shall be conducted in accordance with all applicable procedural requirements of this code pertaining to that primary, general, or school district election, and shall thereafter occur in consolidation with that election.\n(c) If a city adopts an ordinance described in subdivision (b), the municipal election following the adoption of the ordinance and each municipal election thereafter shall be conducted on the date specified by the city council, in accordance with subdivision (b), unless the ordinance in question is later repealed by the city council.\n(d) If the date of a general municipal election is changed pursuant to subdivision (b), at least one election shall be held before the ordinance, as approved by the board of supervisors, may be subsequently repealed or amended.\n(e) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.\nSEC. 5.\nSection 1301 is added to the Elections Code, to read:\n1301.\n(a) Except as required by Section 57379 of the Government Code, and except as provided in subdivision (b), a general municipal election shall be held on an established election date pursuant to Section 1000.\n(b) (1) \u2002 A city council may enact an ordinance, pursuant to Division 10 (commencing with Section 10000), requiring its general municipal election to be held the same day as the statewide direct primary election, the day of the statewide general election, or the day of school district elections as set forth in Section 1302. An ordinance adopted pursuant to this subdivision shall become operative upon approval by the board of supervisors.\n(2) In the event of consolidation, the general municipal election shall be conducted in accordance with all applicable procedural requirements of this code pertaining to that primary, general, or school district election, and shall thereafter occur in consolidation with that election.\n(c) If a city adopts an ordinance described in subdivision (b), the municipal election following the adoption of the ordinance and each municipal election thereafter shall be conducted on the date specified by the city council, in accordance with subdivision (b), unless the ordinance in question is later repealed by the city council.\n(d) If the date of a general municipal election is changed pursuant to subdivision (b), at least one election shall be held before the ordinance, as approved by the board of supervisors, may be subsequently repealed or amended.\n(e) This section shall become operative on January 1, 2020.\nSEC. 6.\nSection 13112 of the Elections Code is amended to read:\n13112.\nThe Secretary of State shall conduct a drawing of the letters of the alphabet, the result of which shall be known as a randomized alphabet. The procedure shall be as follows:\n(a) Each letter of the alphabet shall be written on a separate slip of paper, each of which shall be folded and inserted into a capsule. Each capsule shall be opaque and of uniform weight, color, size, shape, and texture. The capsules shall be placed in a container, which shall be shaken vigorously in order to mix the capsules thoroughly. The container then shall be opened and the capsules removed at random one at a time. As each capsule is removed, it shall be opened and the letter on the slip of paper read aloud and written down. The resulting random order of letters constitutes the randomized alphabet, which is to be used in the same manner as the conventional alphabet in determining the order of all candidates in all elections. For example, if two candidates with the surnames Campbell and Carlson are running for the same office, their order on the ballot will depend on the order in which the letters M and R were drawn in the randomized alphabet drawing.\n(b) (1) There shall be six drawings, three in each even-numbered year and three in each odd-numbered year. Each drawing shall be held at 11 a.m. on the date specified in this subdivision. The results of each drawing shall be mailed immediately to each county elections official responsible for conducting an election to which the drawing applies, who shall use it in determining the order on the ballot of the names of the candidates for office.\n(A) The first drawing under this subdivision shall take place on the 82nd day before the April general law city elections of an even-numbered year, and shall apply to those elections and any other elections held at the same time.\n(B) The second drawing under this subdivision shall take place on the 82nd day before the direct primary of an even-numbered year, and shall apply to all candidates on the ballot in that election.\n(C) (i) The third drawing under this subdivision shall take place on the 82nd day before the November general election of an even-numbered year, and shall apply to all candidates on the ballot in the November general election.\n(ii) In the case of the primary election and the November general election, the Secretary of State shall certify and transmit to each county elections official the order in which the names of federal and state candidates, with the exception of candidates for State Senate and Assembly, shall appear on the ballot. The elections official shall determine the order on the ballot of all other candidates using the appropriate randomized alphabet for that purpose.\n(D) The fourth drawing under this subdivision shall take place on the 82nd day before the March general law city elections of each odd-numbered year, and shall apply to those elections and any other elections held at the same time.\n(E) The fifth drawing under this subdivision shall take place on the 82nd day before the first Tuesday after the first Monday in June of each odd-numbered year, and shall apply to all candidates on the ballot in the elections held on that date.\n(F) The sixth drawing under this subdivision shall take place on the 82nd day before the first Tuesday after the first Monday in November of the odd-numbered year, and shall apply to all candidates on the ballot in the elections held on that date.\n(2) If there will be an election of candidates to a special district, school district, charter city, or other local government body at the same time as one of the five major election dates specified in subparagraphs (A) to (F), inclusive, of paragraph (1) and the last possible day to file nomination papers for the local election would occur after the date of the drawing for the major election date, the procedure set forth in Section 13113 shall apply.\n(c) Each randomized alphabet drawing shall be open to the public. At least 10 days before a drawing, the Secretary of State shall notify the news media and other interested parties of the date, time, and place of the drawing. The president of each statewide association of local officials with responsibilities for conducting elections shall be invited by the Secretary of State to attend each drawing or send a representative. The state chairman of each qualified political party shall be invited to attend or send a representative in the case of drawings held to determine the order of candidates on the primary election ballot, the November general election ballot, or a special election ballot as provided for in subdivision (d).\n(d) In the case of a special election for State Assembly, State Senate, or Representative in Congress, on the first weekday after the close of filing of nomination papers for the office, the Secretary of State shall conduct a public drawing to produce a randomized alphabet in the same manner as provided for in subdivisions (a) and (c). The resulting randomized alphabet shall be used for determining the order on the ballot of the candidates in both the primary election for the special election and in the special election.\n(e) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.\nSEC. 7.\nSection 13112 is added to the Elections Code, to read:\n13112.\nThe Secretary of State shall conduct a drawing of the letters of the alphabet, the result of which shall be known as a randomized alphabet. The procedure shall be as follows:\n(a) Each letter of the alphabet shall be written on a separate slip of paper, each of which shall be folded and inserted into a capsule. Each capsule shall be opaque and of uniform weight, color, size, shape, and texture. The capsules shall be placed in a container, which shall be shaken vigorously in order to mix the capsules thoroughly. The container then shall be opened and the capsules removed at random one at a time. As each capsule is removed, it shall be opened and the letter on the slip of paper read aloud and written down. The resulting random order of letters constitutes the randomized alphabet, which is to be used in the same manner as the conventional alphabet in determining the order of all candidates in all elections. For example, if two candidates with the surnames Campbell and Carlson are running for the same office, their order on the ballot will depend on the order in which the letters M and R were drawn in the randomized alphabet drawing.\n(b) (1) There shall be four drawings, two in each even-numbered year and two in each odd-numbered year. Each drawing shall be held at 11 a.m. on the date specified in this subdivision. The results of each drawing shall be mailed immediately to each county elections official responsible for conducting an election to which the drawing applies, who shall use it in determining the order on the ballot of the names of the candidates for office.\n(A) The first drawing under this subdivision shall take place on the 82nd day before the direct primary of an even-numbered year, and shall apply to all candidates on the ballot in that election.\n(B) (i) \u2002 The second drawing under this subdivision shall take place on the 82nd day before the November general election of an even-numbered year, and shall apply to all candidates on the ballot in the November general election.\n(ii) In the case of the primary election and the November general election, the Secretary of State shall certify and transmit to each county elections official the order in which the names of federal and state candidates, with the exception of candidates for State Senate and Assembly, shall appear on the ballot. The elections official shall determine the order on the ballot of all other candidates using the appropriate randomized alphabet for that purpose.\n(C) The third drawing under this subdivision shall take place on the 82nd day before the first Tuesday after the first Monday in June of each odd-numbered year, and shall apply to all candidates on the ballot in the elections held on that date.\n(D) The fourth drawing under this subdivision shall take place on the 82nd day before the first Tuesday after the first Monday in November of the odd-numbered year, and shall apply to all candidates on the ballot in the elections held on that date.\n(2) If there will be an election of candidates to a special district, school district, charter city, or other local government body at the same time as one of the four major election dates specified in subparagraphs (A) to (D), inclusive, of paragraph (1) and the last possible day to file nomination papers for the local election would occur after the date of the drawing for the major election date, the procedure set forth in Section 13113 shall apply.\n(c) Each randomized alphabet drawing shall be open to the public. At least 10 days before a drawing, the Secretary of State shall notify the news media and other interested parties of the date, time, and place of the drawing. The president of each statewide association of local officials with responsibilities for conducting elections shall be invited by the Secretary of State to attend each drawing or send a representative. The state chairman of each qualified political party shall be invited to attend or send a representative in the case of drawings held to determine the order of candidates on the primary election ballot, the November general election ballot, or a special election ballot as provided for in subdivision (d).\n(d) In the case of a special election for State Assembly, State Senate, or Representative in Congress, on the first weekday after the close of filing of nomination papers for the office, the Secretary of State shall conduct a public drawing to produce a randomized alphabet in the same manner as provided for in subdivisions (a) and (c). The resulting randomized alphabet shall be used for determining the order on the ballot of the candidates in both the primary election for the special election and in the special election.\n(e) This section shall become operative on January 1, 2020.\nSEC. 8.\nThis act shall not be construed to shorten the term of office of any officeholder in office on January 1, 2020. For each office for which this act causes the election to be held at a later date than would have been the case in the absence of this act, the incumbent shall hold office until a successor qualifies for the office, but in no event shall the term of an incumbent be extended by more than four years.","title":""}
{"_id":"c213","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 2053 of the Elections Code is amended to read:\n2053.\nThe Secretary of State shall establish a Voting Accessibility Advisory Committee. The Secretary of State shall consult with the committee and consider the committee\u2019s recommendations related to improving the accessibility of elections for voters with disabilities. The Secretary of State may implement the committee\u2019s recommendations as he or she deems appropriate.\n(a) The committee shall consist of the Secretary of State, his or her designees, and additional members appointed by the Secretary of State. The appointees shall have demonstrated experience with accessibility requirements for voters with disabilities or be a county elections official.\n(b) The committee shall serve in an advisory capacity to the Secretary of State and shall do all of the following:\n(1) Establish guidelines for reaching as many voters with disabilities as practical.\n(2) Make recommendations for improving the availability and accessibility of election materials, including, but not limited to, sample ballots, voter information pamphlets, and vote-by-mail ballots, and their delivery in print or alternative formats to voters with disabilities.\n(3) Increase the distribution of public service announcements identifying the availability of election materials for voters with disabilities at least 45 days before any federal, state, and local election.\n(4) Make recommendations for improving the accessibility of election materials made available on Internet Web sites that are in compliance with the most current, ratified standards under Section 508 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794d), as amended, and the Web Content Accessibility Guidelines 2.0 adopted by the World Wide Web Consortium for accessibility.\n(5) Promote the Secretary of State\u2019s toll-free voter registration telephone line for citizens needing voter registration information, including information for individuals with disabilities, and the California State Library and regional library services for individuals who are unable to read conventional print due to a visual, intellectual, learning, physical, or any other disability.\n(6) Make recommendations for providing voters with disabilities the same access and participation as is provided to other voters who are not disabled, including the ability to vote privately and independently.\n(7) Establish subcommittees to further the scope and purposes of the committee as they relate to improving voter services and access for individuals with disabilities, including, but not limited to, visually impaired voters and deaf or hard of hearing voters.\n(8) Promote the use of plain language and alternative formats for election materials.\n(9) Make recommendations for materials to train poll workers on issues related to serving voters with disabilities and providing accessible voting locations.\n(c) A member shall not receive compensation, but each member shall be reimbursed for his or her reasonable and necessary expenses in connection with service on the committee.\nSEC. 2.\nSection 9082.7 of the Elections Code is amended to read:\n9082.7.\n(a) The Secretary of State shall make available the complete state ballot pamphlet over the Internet. The online version of the state ballot pamphlet shall contain all of the following:\n(1) For each candidate listed in the pamphlet, a means to access campaign contribution disclosure reports for the candidate that are available online.\n(2) For each state ballot measure listed in the pamphlet, a means to access the consolidated information specified in subdivision (b).\n(b) The Secretary of State shall create an Internet Web site, or use other available technology, to consolidate information about each state ballot measure in a manner that is easy for voters to access and understand. The information shall include all of the following:\n(1) A summary of the ballot measure\u2019s content.\n(2) The total amount of reported contributions made in support of and opposition to the ballot measure, calculated and updated as follows:\n(A) (i) The total amount of contributions in support of the ballot measure shall be calculated by adding together the total amounts of contributions made in support of the ballot measure and reported in semiannual statements required by Section 84200 of the Government Code, preelection statements required by Section 84200.5 of the Government Code, campaign statements required by Section 84202.3 of the Government Code, and late contribution reports required by Section 84203 of the Government Code that are reported within 16 days of the election at which the measure will appear on the ballot.\n(ii) The total amount of contributions in opposition to the ballot measure shall be calculated by adding together the total amounts of contributions made in opposition to the ballot measure and reported in semiannual statements required by Section 84200 of the Government Code, preelection statements required by Section 84200.5 of the Government Code, campaign statements required by Section 84202.3 of the Government Code, and late contribution reports required by Section 84203 of the Government Code that are reported within 16 days of the election at which the measure will appear on the ballot.\n(iii) For purposes of determining the total amount of reported contributions pursuant to this subparagraph, the Secretary of State shall, to the extent practicable with respect to committees primarily formed to support or oppose a ballot measure, do both of the following:\n(I) Ensure that transfers of funds between primarily formed committees are not counted twice.\n(II) Treat a contribution made to a primarily formed committee that supports or opposes more than one state ballot measure as if the total amount of that contribution was made for each state ballot measure that the committee supports or opposes.\n(B) The total amount of reported contributions calculated under this paragraph for each state ballot measure shall be updated not later than five business days after receipt of a semiannual statement, campaign statement, or preelection statement and not later than two business days after receipt of a late contribution report within 16 days of the election at which the measure will appear on the ballot.\n(C) The total amount of reported contributions calculated under this paragraph for each state ballot measure shall be accompanied by an explanation that the contribution totals may be overstated due to the inclusion of contributions made to committees supporting or opposing more than one state ballot measure, as required by subclause (II) of clause (iii) of subparagraph (A).\n(3) A current list of the top 10 contributors supporting and opposing the ballot measure, if compiled by the Fair Political Practices Commission pursuant to subdivision (e) of Section 84223 of the Government Code.\n(4) (A) A list of each committee primarily formed to support or oppose the ballot measure, as described in Section 82047.5 of the Government Code, and a means to access information about the sources of funding reported for each committee.\n(B) Information about the sources of contributions shall be updated as new information becomes available to the public pursuant to the Political Reform Act of 1974 (Title 9 (commencing with Section 81000) of the Government Code).\n(C) If a committee identified in subparagraph (A) receives one million dollars ($1,000,000) or more in contributions for an election, the Secretary of State shall provide a means to access online information about the committee\u2019s top 10 contributors reported to the Fair Political Practices Commission pursuant to subdivision (a) of Section 84223 of the Government Code.\n(D) Notwithstanding paragraph (1) of subdivision (c) of Section 84223 of the Government Code, the Fair Political Practices Commission shall automatically provide any list of top 10 contributors created pursuant to Section 84223 of the Government Code, and any subsequent updates to that list, to the Secretary of State for purposes of compliance with this section.\n(5) Any other information deemed relevant by the Secretary of State.\n(c) Information made available over the Internet pursuant to this section shall meet or exceed the most current, ratified standards under Section 508 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794d), as amended, and the Web Content Accessibility Guidelines 2.0 adopted by the World Wide Web Consortium for accessibility. The Secretary of State may also implement recommendations of the Voting Accessibility Advisory Committee made pursuant to paragraph (4) of subdivision (b) of Section 2053.\nSEC. 3.\nSection 13300.7 of the Elections Code is amended to read:\n13300.7.\nNotwithstanding any other law, county and city elections officials may establish procedures designed to permit a voter to opt out of receiving his or her sample ballot, voter pamphlet, notice of polling place, and associated materials by mail, and instead obtain them electronically via email or by accessing them on the county\u2019s or city\u2019s Internet Web site, provided that all of the following conditions are met:\n(a) The procedures establish a method of providing notice of and an opportunity by which a voter can notify elections officials of his or her desire to obtain ballot materials electronically in lieu of receiving them by mail.\n(b) The voter email address or any other information provided by the voter under this section remains confidential pursuant to Section 6254.4 of the Government Code and Section 2194 of this code.\n(c) The procedures provide notice and opportunity for a voter who has opted out of receiving a sample ballot and other materials by mail to opt back into receiving them by mail.\n(d) The procedures establish a process by which a voter can apply electronically to become a vote by mail voter.\n(e) A voter may only opt out of, or opt back into, receiving his or her sample ballot and other ballot materials by mail if the elections official receives the request and can process it prior to the statutory deadline for the mailing of those materials for the next election, pursuant to Section 13303. If a voter misses this deadline, the request shall take effect the following election.\n(f) The procedures shall include a verification process to confirm the voter\u2019s identity, either in writing with a signature card that can be matched to the one on file with the elections official, or if the request is submitted electronically, it shall contain the voter\u2019s California driver\u2019s license number, California identification number, or a partial social security number.\n(g) Information made available over the Internet pursuant to this section shall meet or exceed the most current, ratified standards under Section 508 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794d), as amended, and the Web Content Accessibility Guidelines 2.0 adopted by the World Wide Web Consortium for accessibility. Election officials may also implement recommendations of the Voting Accessibility Advisory Committee made pursuant to paragraph (4) of subdivision (b) of Section 2053, and of any local Voting Accessibility Advisory Committee created pursuant to the guidelines promulgated by the Secretary of State related to the accessibility of polling places by the physically handicapped.","title":""}
{"_id":"c362","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 6253.11 is added to the\nGovernment Code\n, to read:\n6253.11.\nA public agency shall comply with a request to inspect or copy a public record that is protected by the Copyright Revision Act of 1976 (17 U.S.C. Sec. 101 et seq.) to the extent permitted by this chapter, unless that public record is otherwise exempt from disclosure under any other law, including, but not limited to, Sections 6254 and 6255.\nSEC. 2.\nSECTION 1.\nSection 14615.1 of the Government Code is amended to read:\n14615.1.\n(a) Where the Legislature directs or authorizes the department to maintain, develop, or prescribe processes, procedures, or policies in connection with the administration of its duties under this chapter and Chapter 2 (commencing with Section 14650) of this part, Chapter 2 (commencing with Section 13988) of Part 4.5, or Section 6611 of the Public Contract Code or Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, the action by the department shall be exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340), Chapter 4 (commencing with Section 11370), Chapter 4.5 (commencing with Section 11400), and Chapter 5 (commencing with Section 11500)). This section shall apply to actions taken by the department with respect to the State Administrative Manual and the State Contracting Manual.\n(b) To the extent permitted by the United States and California Constitutions, subdivision (a) also applies to actions taken by the department prior to January 1, 1999, with respect to competitive procurement in the State Administrative Manual and the State Contracting Manual.\nSEC. 3.\nSEC. 2.\nSection 10335 of the Public Contract Code is amended to read:\n10335.\n(a) This article shall apply to all contracts, including amendments, entered into by any state agency for services to be rendered to the state, whether or not the services involve the furnishing or use of equipment, materials, or supplies or are performed by an independent contractor. Except as provided in Sections 10295.6 and 10351, and paragraphs (8) and (9) of subdivision (b) of Section 10340, all contracts subject to this article are of no effect unless and until approved by the department. Each contract shall be transmitted with all papers, estimates, and recommendations concerning it to the department and, if approved by the department, shall be effective from the date of approval. This article shall apply to any state agency that by general or specific statute is expressly or impliedly authorized to enter into the transactions referred to in this section. This article shall not apply to contracts for the construction, alteration, improvement, repair, or maintenance of real or personal property, contracts for services subject to Chapter 10 (commencing with Section 4525) of Division 5 of Title 1 of the Government Code, to contracts that are listed as exceptions in Section 10295, contracts of less than five thousand dollars ($5,000) in amount, contracts of less than five thousand dollars ($5,000) where only per diem or travel expenses, or a combination thereof, are to be paid, contracts between state agencies, or contracts between a state agency and local agency or federal agency.\n(b) In exercising its authority under this article with respect to contracts for the services of legal counsel, other than the Attorney General, entered into by any state agency that is subject to Section 11042 or Section 11043 of the Government Code, the department, as a condition of approval of the contract, shall require the state agency to demonstrate that the consent of the Attorney General to the employment of the other counsel has been granted pursuant to Section 11040 of the Government Code. This consent shall not be construed in a manner that would authorize the Attorney General to establish a separate program for reviewing and approving contracts in the place of, or in addition to, the program administered by the department pursuant to this article.\n(c) Until January 1, 2001, the department shall maintain a list of contracts approved pursuant to subdivision (b). This list shall be filed quarterly with the Senate Committee on Budget and Fiscal Review and the Assembly Committee on Budget. The list shall be limited to contracts with a consideration in excess of twenty thousand dollars ($20,000) during the life of the contract and shall include sufficient information to identify the provider of legal services, the length of each contract, applicable hourly rates, and the need for the services. The department shall add a contract that meets these conditions to the list within 10 days after approval. A copy of the list shall be made available to any requester. The department may charge a fee to cover the cost of supplying the list as provided in Section 6253 of the Government Code.\n(d) (1) In exercising its authority under this article, a state agency shall consider the processes, procedures, or policies developed by the department pursuant to Chapter 2 (commencing with Section 13988) of Part 4.5 of Division 3 of Title 2 of the Government Code.\n(2) For contracts under this article entered into on or after January 1, 2017, a state agency shall consider the intellectual property rights of both the state and the contracting party unless the state agency, prior to execution of the contract, obtains the consent of the department.\n(e) Contracts subject to the approval of the department shall also have the department\u2019s approval for a modification or amendment thereto, with the following exceptions:\n(1) An amendment to a contract that only extends the original time for completion of performance for a period of one year or less is exempt. If the original contract was subject to approval by the department, one fully executed copy including transmittal document, explaining the reason for the extension, shall be sent to the legal office of the department. A contract may only be amended once under this exemption.\n(2) Contracts let or awarded on the basis of a law requiring competitive bidding may be modified or amended only if the contract so provides or if authorized by the law requiring competitive bidding.\n(3) If an amendment to a contract has the effect of giving the contract as amended an increase in monetary amount, or an agreement by the state to indemnify or save harmless any person, the amendment shall be approved by the department.","title":""}
{"_id":"c291","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 38755 is added to the Vehicle Code, to read:\n38755.\n(a) Notwithstanding Section 38750, the Contra Costa Transportation Authority is authorized to conduct a pilot project for the testing of autonomous vehicles that do not have a driver seated in the driver\u2019s seat and are not equipped with a steering wheel, a brake pedal, or an accelerator provided the following requirements are met:\n(1) The testing shall be conducted only at a privately owned business park designated by the authority, inclusive of public roads within the designated business park, and at GoMentum Station located within the boundaries of the former Concord Naval Weapons Station.\n(2) The autonomous vehicle shall operate at speeds of less than 35 miles per hour.\n(b) A change in ownership of the property comprising the GoMentum Station shall not affect the authorization to conduct testing pursuant to this section.\n(c) Prior to the start of the testing of an autonomous vehicle that does not have a driver seated in the driver\u2019s seat on or across a public road, the Contra Costa Transportation Authority or a private entity, or a combination of the two, shall do both of the following:\n(1) Obtain an instrument of insurance, surety bond, or proof of self-insurance in an amount of five million dollars ($5,000,000), and shall provide evidence of the insurance, surety bond, or proof of self-insurance to the Department of Motor Vehicles in the form and manner required by the department.\n(2) Submit a detailed description of the testing program to the department. The detailed description shall include all of the following:\n(A) Certification that, prior to testing on public roads, the autonomous vehicle has been tested under controlled conditions that simulate, as closely as practicable, the real world conditions that the autonomous vehicle will be subject to during this pilot project, and that the Contra Costa Transportation Authority or a private entity, or a combination of the two, has made a reasonable determination that it is safe to operate the autonomous vehicle on public roads under these conditions.\n(B) Evidence satisfactory to the department that the City of San Ramon and any other local authorities with jurisdiction over the public roads in the designated privately owned business park approve of the geographic area and environmental, traffic, and speed conditions authorized for purposes of this pilot project.\n(C) Certification that the autonomous vehicle can only operate in autonomous mode in the geographic area and environmental, traffic, and speed conditions authorized in this specific pilot project.\n(D) Certification that this pilot project complies, or will comply, with National Highway Traffic Safety Administration guidance, if any, on the safe testing, deployment, and operation of autonomous vehicles.\n(E) Certification that the autonomous vehicle used in the pilot project complies with all applicable federal Motor Vehicle Safety Standards, or written evidence that the National Highway Traffic Safety Administration either considers the absence of a steering wheel, a brake pedal, or an accelerator permissible under federal Motor Vehicle Safety Standards or has granted the autonomous vehicle an exemption from compliance with the relevant federal Motor Vehicle Safety Standards.\n(F) Identify to the department the autonomous vehicles that are to be tested on public roads during this pilot project. For each vehicle, the manufacturer shall provide to the department the make, model, and model year of the vehicle, the full vehicle identification number, and the license plate number and the state of issuance.\n(G) Certification that the vehicle is equipped with a communication link between the vehicle and a remote operator to provide information on the vehicle\u2019s location and status and to allow two-way communication between the remote operator and any passengers if the vehicle experiences any failures that would endanger the safety of the vehicle\u2019s passengers or other road users while operating without a driver.\n(H) Certification that the autonomous vehicle is designed to detect and respond to roadway conditions in compliance with all provisions of this code and local regulations applicable to the operation of motor vehicles.\n(I) A copy of a law enforcement interaction plan, which includes information that the Contra Costa Transportation Authority or a private entity, or a combination of the two, will provide to the law enforcement agencies whose jurisdiction covers the designated privately owned business park to instruct those agencies on how to interact with the vehicle in emergency and traffic enforcement situations.\n(d) The operator of the autonomous vehicle technology tested pursuant to this section shall disclose to an individual who participates in the pilot project what personal information, if any, concerning the pilot project participant is collected by an autonomous vehicle.\n(e) For the testing of autonomous vehicles within the designated business park, the department may require data collection for evaluating the safety of the vehicles, including, but not limited to, both of the following:\n(1) A report to the department of any accident originating from the operation of the autonomous vehicle on a public road that resulted in the damage of property or in bodily injury or death. Accidents shall be reported within 10 days in the form and manner specified by the department pursuant to the regulations adopted by the department under Section 38750.\n(2) The submission to the department of an annual report in the form and manner specified by the department pursuant to the regulations adopted under Section 38750 summarizing information on unplanned technology disengagements that occurred while the autonomous vehicle was being tested on public roads. \u201cDisengagement\u201d means a deactivation of the autonomous mode when a failure of the autonomous technology is detected or when the safe operation of the vehicle required disengagement from the autonomous mode.\n(f) This section does not limit the authority of the department to promulgate regulations governing the testing and operation of autonomous vehicles on public roads, with or without the presence of a driver inside the vehicle, pursuant to Section 38750.\n(g) It is the intent of the Legislature, in enacting the act that added this section, to address the specific circumstances of the pilot project proposed in the County of Contra Costa. Pursuant to Section 38750, the Department of Motor Vehicles is developing regulations for the testing and operation of autonomous vehicles, and it is not the intent of the Legislature to influence the content of those statewide regulations through the adoption of the act that added this section, which is only intended to govern the establishment of one local pilot project.\n(h) This section shall remain in effect only until 180 days after the operative date of regulations promulgated by the department to allow testing of autonomous vehicles without a driver in the vehicle, on which date any testing of autonomous vehicles by the Contra Costa Transportation Authority shall conform to those regulations, and as of the January 1 following that date this section is repealed, unless a later enacted statute, that is enacted before that January 1, deletes or extends that date.","title":""}
{"_id":"c352","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 56326.5 is added to the Education Code, to read:\n56326.5.\n(a) The department\u2019s Deaf and Hard of Hearing unit and the California School for the Deaf shall jointly select language developmental milestones from existing standardized norms, pursuant to the process specified in subdivision (d), for purposes of developing a resource for use by parents to monitor and track deaf and hard-of-hearing children\u2019s expressive and receptive language acquisition and developmental stages toward English literacy. This parent resource shall:\n(1) Include the language developmental milestones selected pursuant to the process specified in subdivision (d).\n(2) Be appropriate for use, in both content and administration, with deaf and hard-of-hearing children from birth to five years of age, inclusive, who use both or one of the languages of American Sign Language (ASL) and English. For purposes of this section, \u201cEnglish\u201d includes spoken English, written English, or English with the use of visual supplements.\n(3) Present the developmental milestones in terms of typical development of all children, by age range.\n(4) Be written for clarity and ease of use by parents.\n(5) Be aligned to the department\u2019s existing infant, toddler, and preschool guidelines, the existing instrument used to assess the development of children with disabilities pursuant to federal law, and state standards in English language arts.\n(6) Make clear that the parent resource is not a formal assessment of language and literacy development, and that a parent\u2019s observations of their children may differ from formal assessment data presented at an individualized family service plan (IFSP) or individualized education program (IEP) meeting.\n(7) Make clear that a parent may bring the parent resource to an IFSP or IEP meeting for purposes of sharing their observations about their child\u2019s development.\n(b) The department shall also select existing tools or assessments for educators that can be used to assess the language and literacy development of deaf and hard-of-hearing children. These educator tools or assessments:\n(1) Shall be in a format that shows stages of language development.\n(2) Shall be selected for use by educators to track the development of deaf and hard-of-hearing children\u2019s expressive and receptive language acquisition and developmental stages toward English literacy.\n(3) Shall be selected from existing instruments or assessments used to assess the development of all children from birth to five years of age, inclusive.\n(4) Shall be appropriate, in both content and administration, for use with deaf and hard-of-hearing children.\n(5) May be used, in addition to the assessment required by federal law, by the child\u2019s IFSP or IEP team, as applicable, to track deaf and hard-of-hearing children\u2019s progress, and to establish or modify IFSP or IEP plans.\n(6) May reflect the recommendations of the advisory committee established pursuant to subdivision (e).\n(c) (1) The department shall disseminate the parent resource developed pursuant to subdivision (a) to parents and guardians of deaf and hard-of-hearing children, and, pursuant to federal law, shall disseminate the educator tools and assessments selected pursuant to subdivision (b) to local educational agencies for use in the development and modification of IFSP and IEP plans, and shall provide materials and training on its use, to assist deaf and hard-of-hearing children in becoming linguistically ready for kindergarten using both or one of the languages of ASL and English.\n(2) If a deaf or hard-of-hearing child does not demonstrate progress in expressive and receptive language skills, as measured by one of the educator tools or assessments selected pursuant to subdivision (b), or by the existing instrument used to assess the development of children with disabilities pursuant to federal law, the child\u2019s IFSP or IEP team, as applicable, shall, as part of the process required by federal law, explain in detail the reasons why the child is not meeting the language developmental milestones or progressing towards them, and shall recommend specific strategies, services, and programs that shall be provided to assist the child\u2019s success toward English literacy.\n(d) (1) On or before March 1, 2017, the department shall provide the advisory committee established pursuant to subdivision (e) with a list of existing language developmental milestones from existing standardized norms, along with any relevant information held by the department regarding those language developmental milestones for possible inclusion in the parent resource developed pursuant to subdivision (a). These language developmental milestones shall be aligned to the department\u2019s existing infant, toddler, and preschool guidelines, the existing instrument used to assess the development of children with disabilities pursuant to federal law, and the state standards in English language arts.\n(2) On or before June 1, 2017, the advisory committee shall recommend language developmental milestones for selection pursuant to subdivision (a).\n(3) On or before June 30, 2017, the department shall inform the advisory committee of which language developmental milestones were selected.\n(e) (1) The Superintendent shall establish an ad hoc advisory committee for purposes of soliciting input from experts on the selection of language developmental milestones for children who are deaf or hard of hearing that are equivalent to those for children who are not deaf or hard of hearing, for inclusion in the parent resource developed pursuant to subdivision (a). The advisory committee may also make recommendations on the selection and administration of the educator tools or assessments selected pursuant to subdivision (b).\n(2) The advisory committee shall consist of 13 volunteers, the majority of whom shall be deaf or hard of hearing, and all of whom shall be within the field of education for the deaf and hard of hearing. The advisory committee shall include all of the following:\n(A) One parent of a child who is deaf or hard of hearing who uses the dual languages of ASL and English.\n(B) One parent of a child who is deaf or hard of hearing who uses only spoken English, with or without visual supplements.\n(C) One credentialed teacher of deaf and hard-of-hearing pupils who use the dual languages of ASL and English.\n(D) One credentialed teacher of deaf and hard-of-hearing pupils from a state certified nonpublic, nonsectarian school.\n(E) One expert who researches language outcomes for deaf and hard-of-hearing children using ASL and English.\n(F) One expert who researches language outcomes for deaf and hard-of-hearing children using spoken English, with or without visual supplements.\n(G) One credentialed teacher of deaf and hard-of-hearing pupils whose expertise is in curriculum and instruction in ASL and English.\n(H) One credentialed teacher of deaf and hard-of-hearing pupils whose expertise is in curriculum and instruction in spoken English, with or without visual supplements.\n(I) One advocate for the teaching and use of the dual languages of ASL and English.\n(J) One advocate for the teaching and use of spoken English, with or without visual supplements.\n(K) One early intervention specialist who works with deaf and hard-of-hearing infants and toddlers using the dual languages of ASL and English.\n(L) One credentialed teacher of deaf and hard-of-hearing pupils whose expertise is in ASL and English language assessment.\n(M) One speech pathologist from spoken English, with or without the use of visual supplements.\n(f) The advisory committee established pursuant to subdivision (e) may also advise the department or its contractor on the content and administration of the existing instrument used to assess the development of children with disabilities pursuant to federal law, as used to assess deaf and hard-of-hearing children\u2019s language and literacy development to ensure the appropriate use of that instrument with those children, and may make recommendations regarding future research to improve the measurement of progress of deaf and hard-of-hearing children in language and literacy.\n(g) Commencing on or before July 31, 2017, and on or before each July 31 thereafter, the department shall annually produce a report, using existing data reported in compliance with the federally required state performance plan on pupils with disabilities, that is specific to language and literacy development of deaf and hard-of-hearing children from birth to five years of age, inclusive, including those who are deaf or hard of hearing and have other disabilities, relative to their peers who are not deaf or hard of hearing. The department shall make this report available on its Internet Web site.\n(h) All activities of the department in implementing this section shall be consistent with federal law regarding the education of children with disabilities and federal law regarding the privacy of pupil information.\n(i) For the purpose of this section, the term \u201clanguage developmental milestones\u201d means milestones of development aligned with the existing state instrument used to meet the requirements of federal law for the assessment of children from birth to five years of age, inclusive.\n(j) This section shall apply only to children from birth to five years of age, inclusive.\n(k) Implementation of this section is subject to an appropriation being made for purposes of this section in the annual Budget Act or another statute.\nSEC. 2.\nIf 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.","title":""}
{"_id":"c456","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nThe Legislature finds and declares all of the following:\n(a) The State of California has long recognized the mental health needs of California\u2019s children and the value of addressing these needs by supporting the provision of evidence-based mental health services in publicly funded preschools and elementary schools, as evidenced by the creation in 1981 of the Primary Prevention Project, now named the Primary Intervention Program, and the creation in 1991 of the School-based Early Mental Health Intervention and Prevention Services for Children Program, known as the Early Mental Health Initiative (EMHI).\n(b) From the 1992\u201393 fiscal year to the 2011\u201312 fiscal year, the State Department of Mental Health awarded funds each year in matching grants to local education agencies to fund prevention and early intervention programs, including the Primary Intervention Program, for students experiencing mild to moderate school adjustment difficulty through the EMHI. In the 2011\u201312 fiscal year, the EMHI received $15 million in state funds.\n(c) Authorizing legislation specified that the EMHI would be deemed successful if at least 75 percent of the children who complete the program show an improvement in at least one of the following four areas: learning behaviors, attendance, school adjustment, and school-related competencies.\n(d) The EMHI succeeded in meeting these legislative requirements. According to the 2010\/2011 Early Mental Health Initiative Statewide Evaluation Report, of the 15,823 students located in 424 elementary schools across 66 school districts participating in EMHI-funded services during the 2010\u201311 school year, 79 percent exhibited positive social competence and school adjustment behaviors more frequently after completing services. Furthermore, the magnitude of the improvements was exceptional in comparison to evaluations of other programs, especially given the short-term and cost-effective nature of the intervention.\n(e) The 2010\/2011 Early Mental Health Initiative Statewide Evaluation Report described an unmet demand for EMHI-funded services at participating schoolsites, as only 37 percent of the students that scored in the mild to moderate school adjustment difficulty range were served with EMHI-funded services due to program capacity and funding constraints. Based on demographic considerations, similar demand would be expected at schools that did not receive EMHI grants.\n(f) The Governor\u2019s realignment for the 2011\u201312 fiscal year renamed the State Department of Mental Health as the State Department of State Hospitals and limited that department\u2019s mission.\n(g) The Budget Act of 2012 disbursed Proposition 98 funds, which had been used to fund the EMHI, directly to local education agencies in order to provide local schools with enhanced flexibility to manage their finances and give greater control of local decisions.\n(h) It is in the interest of California\u2019s children, families, schools, and communities that the State of California support local decisions to provide funding for evidence-based services to address the mental health needs of children in publicly funded preschools and elementary schools.\n(i) Multitiered systems and supports have been developed as model framework within which to implement these services. Pilot programs in the Counties of San Bernardino and Alameda are demonstrating that implementing these services as part of a multitiered system is cost effective, because the cost of the services is more than fully offset by the reduction in the need for high-cost nonpublic school placements.\nSEC. 2.\nSection 4372 of the Welfare and Institutions Code is amended to read:\n4372.\nFor the purposes of this part, the following definitions shall apply:\n(a) \u201cCooperating entity\u201d means any federal, state, or local, public or private nonprofit agency providing school-based early mental health intervention and prevention services that agrees to offer services at a schoolsite through a program assisted under this part.\n(b) \u201cEligible pupil\u201d means a pupil who attends a preschool program at a publicly funded elementary school, or who attends a publicly funded elementary school and who is in kindergarten, transitional kindergarten, or grades 1 to 3, inclusive.\n(c) \u201cLocal educational agency\u201d means any school district or county office of education, state special school, or charter school.\n(d) \u201cDepartment\u201d means the State Department of Public Health.\n(e) \u201cDirector\u201d means the State Director of Mental Health.\n(f) \u201cSupportive service\u201d means a service that will enhance the mental health and social development of children.\nSEC. 3.\nChapter 4 (commencing with Section 4391) is added to Part 4 of Division 4 of the Welfare and Institutions Code, to read:\nCHAPTER  4. School-Based Early Mental Health Intervention and Prevention Services Support Program\n4391.\n(a) The State Public Health Officer shall establish a four-year pilot program, in consultation with the Superintendent of Public Instruction and the Director of Health Care Services, to encourage and support local decisions to provide funding for the eligible support services as provided in this section.\n(b) The department shall provide outreach to local education agencies and county mental health agencies to inform individuals responsible for local funding decisions of the program established pursuant to this section.\n(c) The department shall provide free regional training on all of the following:\n(1) Eligible support services, which may include any or all of the following:\n(A) Individual and group intervention and prevention services.\n(B) Parent involvement through conference or training, or both.\n(C) Teacher and staff conferences and training related to meeting project goals.\n(D) Referral to outside resources when eligible pupils require additional services.\n(E) Use of paraprofessional staff, who are trained and supervised by credentialed school psychologists, school counselors, or school social workers, to meet with pupils on a short-term weekly basis, in a one-on-one setting as in the primary intervention program established pursuant to Chapter 4 (commencing with Section 4343) of Part 3.\n(F) Any other service or activity that will improve the mental health of eligible pupils.\n(2) The potential for the eligible support services defined in this section to help fulfill state priorities described by the local control funding formula and local goals described by local control and accountability plans.\n(3) How educational, mental health, and other funds subject to local control can be used to finance the eligible support services defined in this section.\n(4) External resources available to support the eligible support services defined in this section, which may include workshops, training, conferences, and peer learning networks.\n(5) State resources available to support student mental health and positive learning environments, which may include any of the following:\n(A) Foundational aspects of learning, mental health, toxic stress, childhood trauma, and adverse childhood experiences.\n(B) Inclusive multitiered systems of behavioral and academic supports, Schoolwide Positive Behavior Interventions and Supports, restorative justice or restorative practices, trauma-informed practices, social and emotional learning, and bullying prevention.\n(d) The department shall provide technical assistance to local education agencies that provide or seek to provide eligible services defined in this section. Technical assistance shall include assistance in any of the following:\n(1) Designing programs.\n(2) Training program staff in intervention skills.\n(3) Conducting local evaluations.\n(4) Leveraging educational, mental health, and other funds that are subject to local control and assisting in budget development.\n(e) In providing outreach pursuant to subdivision (b), training pursuant to subdivision (c), and technical assistance pursuant to subdivision (d), the department shall select and support schoolsites as follows:\n(1) During the first 18 months of the program, the department shall support, strengthen, and expand the provision of eligible services at 30 schoolsites that previously received funding pursuant to the School-Based Early Mental Health Intervention and Prevention Services Matching Grant Program (Chapter 2 (commencing with Section 4380)) and have continued to provide eligible support services. In working with these selected schoolsites, the department shall develop methods and standards for providing services and practices to new schoolsites.\n(2) During the subsequent 18 months of the program, the department shall select 30 new schoolsites that are not providing eligible support services but that demonstrate the willingness and capacity to participate in the program. The department shall work with these schoolsites to deliver eligible support services.\n(3) In selecting schoolsites and providing support, the department shall prioritize geographic diversity, program effectiveness, program efficiency, and long-term program sustainability.\n(f) The department shall submit, in compliance with Section 9795 of the Government Code, an interim report to the Legislature at the end of the second year of the pilot program that details the department\u2019s work to support the schoolsites selected pursuant to paragraph (1) of subdivision (e) and includes an assessment of the demand and impact of funding for the School-Based Early Mental Health Intervention and Prevention Services Matching Grant Program established pursuant to Chapter 3 (commencing with Section 4390). The department shall make the report available to the public and shall post it on the department\u2019s Internet Web site.\n(g) The department shall develop an evaluation plan to assess the impact of the pilot program. The department, in compliance with Section 9795 of the Government Code, shall submit a report to the Legislature at the end of the four-year period evaluating the impact of the pilot program and providing recommendations for further implementation. The department shall make the report available to the public and shall post it on the department\u2019s Internet Web site.\n4392.\nThis chapter shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date.","title":""}
{"_id":"c182","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 17701.02 of the Corporations Code is amended to read:\n17701.02.\nIn this title:\n(a) \u201cAcknowledged\u201d means that an instrument is either of the following:\n(1) Formally acknowledged as provided in Article 3 (commencing with Section 1180) of Chapter 4 of Title 4 of Part 4 of Division 2 of the Civil Code.\n(2) Executed to include substantially the following wording preceding the signature:\n\n\n\u201cIt is hereby declared that I am the person who executed this instrument which execution is my act and deed.\u201d\n\n\nAny certificate of acknowledgment taken without this state before a notary public or a judge or clerk of a court of record having an official seal need not be further authenticated.\n(b) \u201cArticles of organization\u201d means the articles required by Section 17702.01. The term includes the articles of organization as amended or restated.\n(c) \u201cContribution\u201d means any benefit provided by a person to a limited liability company:\n(1) In order to become a member upon formation of the limited liability company and in accordance with an agreement between or among the persons that have agreed to become the initial members of the limited liability company.\n(2) In order to become a member after formation of the limited liability company and in accordance with an agreement between the person and the limited liability company.\n(3) In the person\u2019s capacity as a member and in accordance with the operating agreement or an agreement between the member and the limited liability company.\n(d) \u201cDebtor in bankruptcy\u201d means a person that is the subject of either of the following:\n(1) An order for relief under Title 11 of the United States Code or a successor statute of general application.\n(2) A comparable order under federal, state, or foreign law governing bankruptcy or insolvency, an assignment for the benefit of creditors, or an order appointing a trustee, receiver, or liquidator of the person or of all or substantially all of the person\u2019s property.\n(e) \u201cDesignated office\u201d means either of the following:\n(1) The office that a limited liability company is required to designate and maintain under Section 17701.13.\n(2) The principal office of a foreign limited liability company.\n(f) \u201cDistribution,\u201d except as otherwise provided in subdivision (g) of Section 17704.05, means a transfer of money or other property from a limited liability company to another person on account of a transferable interest.\n(g) \u201cDomestic\u201d means organized under the laws of this state when used in relation to any limited liability company, other business entity, or person other than a natural person.\n(h) \u201cEffective,\u201d with respect to a record required or permitted to be delivered to the Secretary of State for filing under this title, means effective under subdivision (c) of Section 17702.05.\n(i) (1) \u201cElectronic transmission by the limited liability company\u201d means a communication delivered by any of the following means:\n(A) Facsimile telecommunication or electronic mail when directed to the facsimile number or electronic mail address, respectively, for that recipient on record with the limited liability company.\n(B) Posting on an electronic message board or network that the limited liability company has designated for those communications, together with a separate notice to the recipient of the posting, which transmission shall be validly delivered upon the later of the posting or delivery of the separate notice thereof.\n(C) Other means of electronic communication to which both of the following apply:\n(i) The communication is delivered to a recipient who has provided an unrevoked consent to the use of those means of transmission.\n(ii) The communication creates a record that is capable of retention, retrieval, and review, and that may thereafter be rendered into clearly legible tangible form. However, an electronic transmission by a limited liability company to an individual member is not authorized unless, in addition to satisfying the requirements of this section, the transmission satisfies the requirements applicable to consumer consent to electronic records as set forth in the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. Sec. 7001(c)(1)).\n(2) \u201cElectronic transmission to the limited liability company\u201d means a communication delivered by any of the following means:\n(A) Facsimile telecommunication or electronic mail when directed to the facsimile number or electronic mail address, respectively, that the limited liability company has provided from time to time to members or managers for sending communications to the limited liability company.\n(B) Posting on an electronic message board or network that the limited liability company has designated for those communications, which transmission shall be validly delivered upon the posting.\n(C) Other means of electronic communication to which both of the following apply:\n(i) The limited liability company has placed in effect reasonable measures to verify that the sender is the member or manager, in person or by proxy, purporting to send the transmission.\n(ii) The communication creates a record that is capable of retention, retrieval, and review, and that may thereafter be rendered into clearly legible tangible form.\n(j) \u201cForeign limited liability company\u201d means an unincorporated entity formed under the law of a jurisdiction other than this state and denominated by that law as a limited liability company.\n(k) \u201cLimited liability company,\u201d except in the phrase \u201cforeign limited liability company,\u201d means an entity formed\nunder\npursuant to\nthis title or an entity that becomes subject to this title pursuant to Article 13 (commencing with Section 17713.01).\n(l) \u201cMajority of the managers\u201d unless otherwise provided in the operating agreement, means more than 50 percent of the managers of the limited liability company.\n(m) \u201cMajority of the members\u201d unless otherwise provided in the operating agreement, means more than 50 percent of the membership interests of members in current profits of the limited liability company.\n(n) \u201cManager\u201d means a person that under the operating agreement of a manager-managed limited liability company is responsible, alone or in concert with others, for performing the management functions stated in subdivision (c) of Section 17704.07.\n(o) \u201cManager-managed limited liability company\u201d means a limited liability company that qualifies under subdivision (a) of Section 17704.07.\n(p) \u201cMember\u201d means a person that has become a member of a limited liability company under Section 17704.01 and has not dissociated under Section 17706.02.\n(q) \u201cMember-managed limited liability company\u201d means a limited liability company that is not a manager-managed limited liability company.\n(r) \u201cMembership interest\u201d means a member\u2019s rights in the limited liability company, including the member\u2019s transferable interest, any right to vote or participate in management, and any right to information concerning the business and affairs of the limited liability company provided by this title.\n(s) \u201cOperating agreement\u201d means the agreement, whether or not referred to as an operating agreement and whether oral, in a record, implied, or in any combination thereof, of all the members of a limited liability company, including a sole member, concerning the matters described in subdivision (a) of Section 17701.10. The term \u201coperating agreement\u201d may include, without more, an agreement of all members to organize a limited liability company pursuant to this title. An operating agreement of a limited liability company having only one member shall not be unenforceable by reason of there being only one person who is a party to the operating agreement. The term includes the agreement as amended or restated.\n(t) \u201cOrganization\u201d means, whether domestic or foreign, a partnership whether general or limited, limited liability company, association, corporation, professional corporation, professional association, nonprofit corporation, business trust, or statutory business trust having a governing statute.\n(u) \u201cOrganizer\u201d means a person that acts under Section 17702.01 to form a limited liability company.\n(v) \u201cPerson\u201d means an individual, partnership, limited partnership, trust, estate, association, corporation, limited liability company, or other entity, whether domestic or foreign. Nothing in this subdivision shall be construed to confer any rights under the California Constitution or the United States Constitution.\n(w) \u201cPrincipal office\u201d means the principal executive office of a limited liability company or foreign limited liability company, whether or not the office is located in this state.\n(x) \u201cRecord\u201d 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(y) \u201cState\u201d means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.\n(z) \u201cTransfer\u201d includes an assignment, conveyance, deed, bill of sale, lease, mortgage, security interest, encumbrance, gift, and transfer by operation of law.\n(aa) \u201cTransferable interest\u201d means the right, as originally associated with a person\u2019s capacity as a member, to receive distributions from a limited liability company in accordance with the operating agreement, whether or not the person remains a member or continues to own any part of the right.\n(ab) \u201cTransferee\u201d means a person to which all or part of a transferable interest has been transferred, whether or not the transferor is a member.\n(ac) \u201cVote\u201d includes authorization by written consent or consent given by electronic transmission to the limited liability company.","title":""}
{"_id":"c115","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 1212 of the Health and Safety Code is amended to read:\n1212.\n(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:\n(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.\n(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.\n(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\u2019s stock and, if any stockholder is a corporation, the name and principal business address of each officer and director of the corporate stockholder.\n(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.\n(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.\n(6) The name and address of the professional licentiate responsible for the professional activities of the clinic and the licentiate\u2019s license number and professional experience.\n(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.\n(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.\n(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:\n(A) A summary of current state laws requiring child passenger restraint systems to be used when transporting children in motor vehicles.\n(B) A listing of child passenger restraint system programs located within the county, as required by Section 27360 or 27362 of the Vehicle Code.\n(C) Information describing the risks of death or serious injury associated with the failure to utilize a child passenger restraint system.\n(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.\n(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.\n(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.\n(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\u2019s 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.\n(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.\n(3) The written notification shall demonstrate compliance with all of the following criteria:\n(A) There is a single governing body for all the facilities maintained and operated by the licensee.\n(B) There is a single administration for all the facilities maintained and operated by the licensee.\n(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.\n(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.\n(E) The additional physical plant meets fire clearance standards.\n(4) The written notification required to be submitted pursuant to this subdivision shall include all of the following documentation:\n(A) The name and address of the licensee\u2019s corporation administrative office, including the name and contact information for the corporation\u2019s chief executive officer or executive director.\n(B) The name and address of, and the hours of operation and services provided by, the additional physical plant.\n(C) A copy of any document confirming the corporation\u2019s 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.\n(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.\n(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.\nSEC. 2.\nNo reimbursement is required by this act pursuant to Section 6 of Article XIII\u2009B 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\u2009B of the California Constitution.","title":""}
{"_id":"c236","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 23151 of the Revenue and Taxation Code is amended to read:\n23151.\n(a) With the exception of banks and financial corporations, every corporation doing business within the limits of this state and not expressly exempted from taxation by the provisions of the Constitution of this state or by this part, shall annually pay to the state, for the privilege of exercising its corporate franchises within this state, a tax according to or measured by its net income, to be computed at the rate of 7.6 percent upon the basis of its net income for the next preceding income year, or if greater, the minimum tax specified in Section 23153.\n(b) For calendar or fiscal years ending after June 30, 1973, the rate of tax shall be 9 percent instead of 7.6 percent as provided by subdivision (a).\n(c) For calendar or fiscal years ending in 1980 to 1986, inclusive, the rate of tax shall be 9.6 percent.\n(d) For calendar or fiscal years ending in 1987 to 1996, inclusive, and for any income year beginning before January 1, 1997, the tax rate shall be 9.3 percent.\n(e) For any income year beginning on or after January 1, 1997, the tax rate shall be 8.84 percent. The change in rate provided in this subdivision shall be made without proration otherwise required by Section 24251.\n(f) (1) For the first taxable year beginning on or after January 1, 2000, the tax imposed under this section shall be the sum of both of the following:\n(A) A tax according to or measured by net income, to be computed at the rate of 8.84 percent upon the basis of the net income for the next preceding income year, but not less than the minimum tax specified in Section 23153.\n(B) A tax according to or measured by net income, to be computed at the rate of 8.84 percent upon the basis of the net income for the first taxable year beginning on or after January 1, 2000, but not less than the minimum tax specified in Section 23153.\n(2) Except as provided in paragraph\n(1),\n(1) and subdivision (g),\nfor taxable years beginning on or after January 1, 2000, the tax imposed under this section shall be a tax according to or measured by net income, to be computed at the rate of 8.84 percent upon the basis of the net income for that taxable year, but not less than the minimum tax specified in Section 23153.\n(g) (1) For taxable years beginning on or after January 1, 2015, the tax imposed under this section upon a publicly held corporation, as defined in Section 162(m)(2) of the Internal Revenue Code, relating to publicly held corporation, shall be a tax according to or measured by net income, to be computed at the applicable tax rate upon the basis of the net income for that taxable year, as determined by paragraph (2), but not less than the minimum tax specified in Section 23153.\n(2) The applicable tax rate shall be determined as follows:\nIf the compensation ratio is:\nThe applicable tax rate is:\nOver zero but not over 25\n7% upon the basis of net income\nOver 25 but not over 50\n7.5% upon the basis of net income\nOver 50 but not over 100\n8% upon the basis of net income\nOver 100 but not over 150\n9% upon the basis of net income\nOver 150 but not over 200\n9.5% upon the basis of net income\nOver 200 but not over 250\n10% upon the basis of net income\nOver 250 but not over 300\n11% upon the basis of net income\nOver 300 but not over 400\n12% upon the basis of net income\nOver 400\n13% upon the basis of net income\n(3) For purposes of this subdivision:\n(A) \u201cClient employer\u201d means an individual or entity that receives workers to perform labor or services within the usual course of business of the individual or entity from a labor contractor.\n(B) (i) \u201cCompensation,\u201d in the case of employees of the taxpayer, other than the chief operating officer or the highest paid employee, means wages as defined in Section 3121(a) of the Internal Revenue Code, relating to wages, paid by the taxpayer during a calendar year to employees of the taxpayer.\n(ii) \u201cCompensation,\u201d in the case of the chief operating officer or the highest paid employee of the taxpayer, means total compensation as reported in the Summary Compensation Table reported to the United States Securities and Exchange Commission pursuant to Item 402 of Regulation S-K of the Securities and Exchange Commission.\n(C) (i) \u201cCompensation ratio\u201d for a taxable year means a ratio where the numerator is the amount equal to the greater of the compensation of the chief operating officer or the highest paid employee of the taxpayer for the calendar year preceding the beginning of the taxable year and the denominator is the amount equal to the median compensation of all employees employed by the taxpayer, including all contracted employees under contract with the taxpayer, in the United States for the calendar year preceding the beginning of the taxable year.\n(ii) For taxpayers that are required to be included in a combined report under Section 25101 or authorized to be included in a combined report under Section 25101.15, the calculation of the ratio in clause (i) shall be made by treating all taxpayers that are required to be or authorized to be included in a combined report as a single taxpayer.\n(D) \u201cContracted employee\u201d means an employee who works for a labor contractor.\n(E) \u201cLabor contractor\u201d means an individual or entity that contracts with a client employer to supply workers to perform labor or services or otherwise provides workers to perform labor or services within the usual course of business for the client employer.\n(4) A taxpayer subject to this subdivision shall furnish a detailed compensation report to the Franchise Tax Board with its timely filed original return.\n(5) (A) If the total number of full-time employees, determined on an annual full-time equivalent basis, employed by the taxpayer in the United States for a taxable year is reduced by more than 10 percent, as compared to the total number of full-time employees, determined on an annual full-time equivalent basis, employed by the taxpayer in the United States for the preceding taxable year and the total number of contracted employees or foreign full-time employees, determined on an annual full-time equivalent basis, of the taxpayer for that taxable year has increased, as compared with the total number of contracted employees or foreign full-time employees, determined on an annual full-time equivalent basis, of the taxpayer for the preceding taxable year, then the applicable tax rate determined under paragraph (2) shall be increased by 50 percent. For taxpayers who first commence doing business in this state during the taxable year, the number of full-time employees, contracted employees, and foreign full-time employees for the immediately preceding prior taxable year shall be zero.\n(B) For purposes of this paragraph:\n(i) \u201cAnnual full-time equivalent\u201d means either of the following:\n(I) In the case of a full-time employee paid hourly qualified wages, \u201cannual full-time equivalent\u201d means the total number of hours worked for the qualified taxpayer by the employee, not to exceed 2,000 hours per employee, divided by 2,000.\n(II) In the case of a salaried full-time employee, \u201cannual full-time equivalent\u201d means the total number of weeks worked for the qualified taxpayer by the employee divided by 52.\n(ii) \u201cForeign full-time employee\u201d means a full-time employee of the taxpayer that is employed at a location other than the United States.\n(iii) \u201cFull-time employee\u201d means an employee of the taxpayer that satisfies either of the following requirements:\n(I) Is paid compensation by the taxpayer for services of not less than an average of 30 hours per week.\n(II) Is a salaried employee of the taxpayer and is paid compensation during the taxable year for full-time employment, within the meaning of Section 515 of the Labor Code.\n(6) The Franchise Tax Board may prescribe rules, guidelines, or procedures necessary or appropriate to carry out the purposes of this subdivision, including any guidelines regarding the determination of wages, average compensation, and compensation ratio. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to any rule, guideline, or procedure prescribed by the Franchise Tax Board pursuant to this subdivision.\nSEC. 2.\nThis act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect.","title":""}
{"_id":"c417","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nThe Legislature finds and declares all of the following:\n(a) According to the 2016 report of the Public Policy Institute of California entitled California\u2019s Future: Health Care, significant health disparities exist among socioeconomic, racial, ethnic, and regional groups in California. African Americans and persons with a high school education or less have significantly lower life expectancies than other groups of people, and individuals in some regions of the state or in particular communities face other significant health obstacles.\n(b) The ability to translate medical findings from research to practice relies largely on having robust patient participation and a diverse participation pool. A low participation rate or a homogenous participant group prevents segments of the population from benefiting from advances achieved through clinical research and creates uncertainties over the applicability of research findings. Diverse patient participation in a clinical trial depends, in part, on whether a participant can afford ancillary costs like transportation, child care, or lodging during the course of his or her participation. A national study in 2015 found that patient households making less than $50,000 annually were almost 30 percent less likely to participate in clinical trials. This disparity threatens one of the most basic ethical underpinnings of clinical research, the requirement that the benefits of research be made available equitably among all eligible individuals.\n(c) California is home to the following 10 National Cancer Institute-Designated Cancer Centers that perform cancer clinical trials research:\n(1) University of California, Irvine, Chao Family Comprehensive Cancer Center.\n(2) City of Hope Comprehensive Cancer Center.\n(3) University of California, Los Angeles, Jonsson Comprehensive Cancer Center.\n(4) Salk Institute Cancer Center.\n(5) Sanford Burnham Prebys Medical Discovery Institute.\n(6) Stanford Cancer Institute.\n(7) University of California, Davis, Comprehensive Cancer Center.\n(8) University of California, San Diego, Moores Cancer Center.\n(9) University of California, San Francisco, Helen Diller Family Comprehensive Cancer Center.\n(10) University of Southern California, Norris Comprehensive Cancer Center.\n(d) Cancer is the cause of almost one in four deaths in California. It is the second leading cause of death for Californians and the primary cause of death among Californian Asian\/Pacific Islanders. A Californian will be diagnosed with cancer approximately every four minutes, and every 10 minutes a Californian will die of cancer. African American Californians in particular face disproportionally higher rates of cancer incidence and mortality compared to other races and ethnicities.\n(e) Addressing barriers faced by medically underserved and underrepresented individuals in cancer and other clinical trials and improving access to survivorship resources and services through partnerships with hospitals, regional and community cancer centers, and nonprofit organizations are some of the strategies recommended by the California Dialogue on Cancer, established in 2002 by California\u2019s Comprehensive Cancer Control Program to reduce the burden of cancer in California.\n(f) According to the National Cancer Institute Cancer Clinical Trials Resource Guide, some of the barriers preventing individuals with cancer or at high risk of developing cancer from participating in clinical trials are direct and indirect financial and personal costs, including travel and child care expenses.\n(g) It is the finding of the Legislature that some corporations, individuals, public and private foundations, health care providers, and other stakeholders are hesitant to contribute to, or accept funds from, programs that are organized to alleviate financial burdens faced by patients who wish to participate in clinical trials and their caregivers, due to concerns that federal regulators would view the payments made from those funds as prohibited inducements for patients to receive the health care services provided during clinical trials.\n(h) It is the intent of the Legislature to enact legislation that would establish a program to authorize business, industry, public and private foundations, individuals, and other stakeholders to donate to the program described in this act, as well as to other nonprofit corporations and public charities that specialize in the enrollment, retention, and increased participation of patients in cancer clinical trials.\n(i) It is the intent of the Legislature to enact legislation that would establish a program to better enable donors willing to assist clinical research participants that have documented low levels of access to health services or participation in clinical trials, face financial barriers to participation in clinical trials, or have been identified as priorities for health services, to participate in clinical trials by supporting ancillary costs to boost participation rates among the research participant populations, ensure these trials are widely accessible, improve the development of therapies, and enhance innovation. It is the intent of the Legislature that this program eliminate barriers to the participation of all patients, regardless of socioeconomic status, in clinical trials.\nSEC. 2.\nPart 7 (commencing with Section 101990) is added to Division 101 of the Health and Safety Code, to read:\nPART 7. California Cancer Clinical Trials Program\n101990.\nFor purposes of this part, the following definitions shall apply:\n(a) \u201cBoard\u201d means the Board of Trustees of the California Cancer Clinical Trials Program.\n(b) \u201cEligible cancer clinical trial\u201d means a clinical trial, as defined in Section 300gg-8(d) of Title 42 of the United States Code, that is conducted in the state, that targets cancer, and that is regulated by the United States Food and Drug Administration.\n(c) \u201cFund\u201d or \u201cclinical trials fund\u201d refers to a fund established by or on behalf of the program administrator to support the program.\n(d) \u201cProgram\u201d means the California Cancer Clinical Trials Program.\n(e) \u201cProgram administrator\u201d means the institute or office designated by the University of California pursuant to subdivision (a) of Section 101991.\n(f) \u201cProgram grant recipient\u201d means an organization that receives support from the fund to carry out the purposes of this part.\n(g) \u201cUniversity\u201d means the University of California.\n101991.\nThe university is hereby requested to do all of the following:\n(a) Establish or designate an institute or office within the university to administer the program.\n(b) Establish the board, to consist of at least five members, appointed by the president of the university to represent institutions and individuals performing, participating in, and supporting eligible cancer clinical trials in California.\n(1) The members shall have varying backgrounds to promote the purposes of this part.\n(2) The board shall be qualified through the experience, expertise, and diversity of its members in the design, implementation, and support of clinical trials, and through studying and addressing socioeconomic, ethnic or racial, regional, and other barriers to participation and interventions to remove those barriers.\n(3) Efforts shall be made to include representatives of a range of public and private research institutions, health care providers, health care foundations, and patient advocacy organizations.\n(4) All persons appointed to the board shall have an interest in increasing and diversifying access to eligible cancer clinical trials and the ability and desire to solicit funds for the purpose of increasing and diversifying access to clinical trials as provided in this part.\n(5) Members of the board shall serve without compensation. A board member shall be reimbursed for any actual, necessary, and reasonable expenses incurred in connection with his or her duties as a board member.\n(6) (A) The program administrator may adjust administrative costs available for use in the program based on the size of the program and the funds that are received.\n(B) Notwithstanding subparagraph (A), the program administrator shall use no more than 20 percent of the funds that are made available for the program for administrative costs.\n(C) Notwithstanding subparagraph (B), in the first year of the program, the program administrator may use more than 20 percent of the funds for administrative costs, in order to fund the costs of establishing the program.\n(c) Publicize to National Cancer Institute-Designated Cancer Centers, community organizations, hospitals, hospital associations, industry, health care foundations, and government agencies, the opportunity to submit nominations for board membership to the president of the university.\n(d) Publicize the availability of grants made available through the program to organizations described in subdivision (a) of Section 101994.5.\n101992.\n(a) The university may participate in the program as the program administrator, a beneficiary, or both.\n(b) Prior to establishing the program, the university may pursue any federal, state, or internal approvals, authorizations, or advice it deems necessary to the university\u2019s participation.\n(c) The university may decline to establish or participate in the program.\n(d) The university may terminate the program if it determines that the program is not viable.\n101993.\n(a) The program administrator, directly or through a university-affiliated foundation, may solicit funds from business, industry, foundations, research organizations, federal government agencies, individuals, and other private sources for the purpose of administering the program and awarding grants to increase patient access to clinical trials targeting cancer, consistent with guidelines established by the board.\n(b) (1) Subject to paragraph (2), only funds from federal or private sources may be used to administer the program or award grants.\n(2) The university may use its own state source funds for oversight and administration of the program relating to the initial start-up costs of the program only, provided the university is reimbursed from federal or private sources funds.\n101993.5.\nAny funds, personnel, facility, equipment, or other resources that are allocated by the university to establish and operate the program shall be reimbursed to the university, from moneys donated to the fund, prior to distribution by the program of any grants to any entity that is designated under subdivision (a) of Section 101994.5.\n101994.\nUpon the program administrator\u2019s receipt of at least five hundred thousand dollars ($500,000) in funding for the program, the program administrator shall establish the fund and the Cancer Clinical Trials Grant Program to increase patient access to eligible cancer clinical trials in underserved or disadvantaged communities and populations, including among women and patients from racial and ethnic minority communities and socioeconomically disadvantaged communities.\n101994.5.\n(a) The board shall determine the criteria to award and administer grants to support program grant recipients. The board may award grants to any or all of the following:\n(1) Public and private research institutions and hospitals that conduct eligible cancer clinical trials.\n(2) Nonprofit organizations that are exempt from taxation under Section 501(c) of the Internal Revenue Code and that do either of the following:\n(A) Specialize in direct patient support for improved clinical trial enrollment and retention.\n(B) Engage in research on health disparities and their relationship to clinical trial enrollment.\n(b) Grants awarded pursuant to subdivision (a) shall be used for activities to increase patient access to eligible cancer clinical trials, including, but not limited to, any of the following:\n(1) Patient navigator services or programs.\n(2) Education and community outreach.\n(3) Patient-friendly technical tools to assist patients in identifying available clinical trials.\n(4) Counseling services for clinical trial participants.\n(5) Well-being services for clinical trial participants, including, but not limited to, physical therapy, pain management, stress management, and nutrition management.\n(6) Payment of ancillary costs for patients and caregivers, including, but not limited to, all of the following during and related to participation in the clinical trial:\n(A) Airfare.\n(B) Lodging.\n(C) Rental automobile and fuel for the automobile.\n(D) Local public transportation by bus, train, or other public transportation.\n(E) Meals.\n(F) Dependent child care.\n(7) Research on the effectiveness of these and other measures to increase patient access to clinical trials.\n(c) When determining program grant recipients pursuant to subdivision (a), the board is encouraged to grant special consideration to public or nonprofit applicants that provide patient services related to cancer clinical trials that address health disparities or that possess two or more years\u2019 experience in the improvement of enrollment, retention, or participation in cancer clinical trial participation with an emphasis on underserved populations.\n101995.\n(a) The program administrator shall require grantees to submit any reports it deems necessary to ensure the appropriate use of funds consistent with the purposes of this part and the terms of any grant awards.\n(b) The university may require the board to submit reports pertaining to the program\u2019s and the board\u2019s activities to the Regents of the University of California, including, but not limited to, the following information:\n(1) An accounting of funds collected and expended.\n(2) An evaluation of the program.\n(3) Recommendations regarding the program.\n101996.\n(a) If the university determines at any time that the moneys in the fund are insufficient to establish or sustain the program, the university may terminate the program.\n(b) If the fund does not receive five hundred thousand dollars ($500,000) or more by January 1, 2021, or, if at any time, the program administrator determines that the 20 percent limit on administrative costs set forth in subparagraph (B) of paragraph (6) of subdivision (b) of Section 101991 is inadequate to support the cost of administering the program authorized pursuant to this part, the program administrator may elect to dissolve the program.\n(c) All moneys in the fund remaining after expenses are paid shall, prior to dissolution, be allocated to one or more organizations described in subdivision (a) of Section 101994.5.\n101997.\nThis part does not preclude the university from establishing or operating one or more similar programs to facilitate participation in any clinical trials, as defined in Section 300gg-8(d) of Title 42 of the United States Code.","title":""}
{"_id":"c185","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 1797.184 of the Health and Safety Code is amended to read:\n1797.184.\nThe authority shall develop and, after approval by the commission pursuant to Section 1799.50, adopt all of the following:\n(a) Guidelines for disciplinary orders, temporary suspensions, and conditions of probation for EMT-I and EMT-II certificate holders and EMT-P licenseholders that protect the public health and safety.\n(b) Regulations for the issuance of EMT-I and EMT-II certificates by a certifying entity that protect the public health and safety.\n(c) Regulations for the recertification of EMT-I and EMT-II certificate holders that protect the public health and safety.\n(d) Regulations for disciplinary processes for EMT-I and EMT-II applicants and certificate holders that protect the public health and safety. These disciplinary processes shall be in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.\nSEC. 2.\nSection 1798.200 of the Health and Safety Code is amended to read:\n1798.200.\n(a) (1) (A) Except as provided in paragraph (2), an employer of an EMT-I, EMT-II, or EMT-P may conduct investigations, as necessary, and take disciplinary action against an EMT-I, EMT-II, or EMT-P who is employed by that employer for conduct in violation of subdivision (c). The employer shall notify the regulating entity within three days when an allegation has been validated as a potential violation of subdivision (c).\n(B) Each employer of an EMT-I, EMT-II, or EMT-P shall notify the regulating entity within three days after the EMT-I, EMT-II, or EMT-P is terminated or suspended for a disciplinary cause, the EMT-I, EMT-II, or EMT-P resigns following notification of an impending investigation based upon evidence that would indicate the existence of a disciplinary cause, or the EMT-I, EMT-II, or EMT-P is removed from EMT-related duties for a disciplinary cause after the completion of the employer\u2019s investigation. The employer of an EMT-P shall provide the regulating entity with all supporting documentation at the time of notification.\n(C) At the conclusion of an investigation, the employer may develop and implement, in accordance with the guidelines for disciplinary orders, temporary suspensions, and conditions of probation adopted pursuant to Section 1797.184, a disciplinary plan for the EMT-I, EMT-II, or EMT-P. Upon adoption of the disciplinary plan, the employer shall submit that plan to the regulating entity within three working days. The employer\u2019s disciplinary plan may include a recommendation that the director consider taking action against the holder\u2019s certificate or license pursuant to paragraph (3).\n(2) If an EMT-I, EMT-II, or EMT-P is not employed by an ambulance service licensed by the Department of the California Highway Patrol or a public safety agency, or if that ambulance service or public safety agency chooses not to conduct an investigation pursuant to paragraph (1) for conduct in violation of subdivision (c), the director shall conduct the investigations, and, upon a determination of disciplinary cause, take disciplinary action as necessary against the EMT-I, EMT-II, or EMT-P. At the conclusion of these investigations, the director shall develop and implement, in accordance with the recommended guidelines for disciplinary orders, temporary orders, and conditions of probation adopted pursuant to Section 1797.184, a disciplinary plan for the EMT-I, EMT-II, or EMT-P. The director\u2019s disciplinary plan may include action against the holder\u2019s certificate or license pursuant to paragraph (3).\n(3) The director may, upon a determination of disciplinary cause and in accordance with regulations for disciplinary processes adopted pursuant to Section 1797.184, deny, suspend, or revoke any EMT-I or EMT-II certificate or EMT-P license issued under this division, or may place an EMT-I or EMT-II certificate holder or EMT-P licenseholder on probation, upon the finding by the director of the occurrence of any of the actions listed in subdivision (c) and the occurrence of one of the following:\n(A) The employer, after conducting an investigation, failed to impose discipline for the conduct under investigation, or the director makes a determination that the discipline imposed was not according to the guidelines for disciplinary orders and conditions of probation and the conduct of the EMT-I or EMT-II certificate holder or EMT-P licenseholder constitutes grounds for disciplinary action against the holder\u2019s certificate or license.\n(B) Either the employer further determines, after an investigation conducted under paragraph (1), or the director determines after an investigation conducted under paragraph (2), that the conduct requires disciplinary action against the holder\u2019s certificate or license.\n(4) The director, after consultation with the employer, may temporarily suspend, prior to a hearing, an EMT-I or EMT-II certificate, an EMT-P license, or a combination thereof upon a determination that both of the following conditions have been met:\n(A) The certificate holder or licenseholder has engaged in acts or omissions that constitute grounds for revocation of the EMT-I or EMT-II certificate or EMT-P license.\n(B) Permitting the certificate holder or licenseholder to continue to engage in the regulated activity without restriction would pose an imminent threat to the public health or safety.\n(5) If the director temporarily suspends a certificate or license, the regulating entity shall notify the certificate holder or licenseholder that his or her certificate or license is suspended and shall identify the reasons therefor. Within three working days of the initiation of the suspension by the regulating entity, the regulating entity and employer shall jointly investigate the allegation in order for the regulating entity to make a determination of the continuation of the temporary suspension. All investigatory information not otherwise protected by law held by the regulating entity and employer shall be shared between the parties via facsimile transmission or overnight mail relative to the decision to temporarily suspend. The regulating entity shall decide, within 15 calendar days, whether to serve the certificate holder or licenseholder with an accusation pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. If the certificate holder or licenseholder files a notice of defense, the hearing shall be held within 30 days of the regulating entity\u2019s receipt of the notice of defense. The temporary suspension order shall be deemed vacated if the regulating entity fails to make a final determination on the merits within 15 days after the administrative law judge renders the proposed decision.\n(6) The director shall refer, for investigation and discipline, any complaint received on an EMT-I, EMT-II, or EMT-P to the relevant employer within three days of receipt of the complaint, pursuant to subparagraph (A) of paragraph (1) of subdivision (a).\n(b) For purposes of this section, the following definitions shall apply:\n(1) \u201cDirector\u201d means either of the following:\n(A) For purposes of EMT-I or EMT-II certificate holders, the medical director of the local EMS agency that has\njurisdiction in the county in which the alleged violation occurred.\njurisdiction.\n(B) For purposes of EMT-P licenseholders, the Director of the Emergency Medical Services Authority.\n(2) \u201cRegulating entity\u201d means either of the following:\n(A) For purposes of EMT-I and EMT-II certificate holders, the local EMS agency that has\njurisdiction in the county in which the alleged violation occurred.\njurisdiction.\n(B) For purposes of EMT-P licenseholders, the EMS Authority. When requiring a report or notification regarding an EMT-P, \u201cregulating entity\u201d refers to both the local EMS agency that has\njurisdiction in the county in which the alleged violation occurred\njurisdiction\nand the EMS Authority.\n(c) Any of the following actions shall be considered evidence of a threat to the public health and safety and may result in the denial, suspension, or revocation of a certificate or license issued under this division, or in the placement on probation of a certificate holder or licenseholder under this division:\n(1) Fraud in the procurement of any certificate or license under this division.\n(2) Gross negligence.\n(3) Repeated negligent acts.\n(4) Incompetence.\n(5) The commission of any fraudulent, dishonest, or corrupt act that is substantially related to the qualifications, functions, and duties of prehospital personnel.\n(6) Conviction of any crime that is substantially related to the qualifications, functions, and duties of prehospital personnel. The record of conviction or a certified copy of the record shall be conclusive evidence of the conviction.\n(7) Violating or attempting to violate directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate, any provision of this division or the regulations adopted by the authority pertaining to prehospital personnel.\n(8) Violating or attempting to violate any federal or state statute or regulation that regulates narcotics, dangerous drugs, or controlled substances.\n(9) Addiction to, the excessive use of, or the misuse of, alcoholic beverages, narcotics, dangerous drugs, or controlled substances.\n(10) Functioning outside the supervision of medical control in the field care system operating at the local level, except as authorized by any other license or certification.\n(11) Demonstration of irrational behavior or occurrence of a physical disability to the extent that a reasonable and prudent person would have reasonable cause to believe that the ability to perform the duties normally expected may be impaired.\n(12) Unprofessional conduct exhibited by any of the following:\n(A) The mistreatment or physical abuse of any patient resulting from force in excess of what a reasonable and prudent person trained and acting in a similar capacity while engaged in the performance of his or her duties would use if confronted with a similar circumstance. Nothing in this section shall be deemed to prohibit an EMT-I, EMT-II, or EMT-P from assisting a peace officer, or a peace officer who is acting in the dual capacity of peace officer and EMT-I, EMT-II, or EMT-P, from using that force that is reasonably necessary to effect a lawful arrest or detention.\n(B) The failure to maintain confidentiality of patient medical information, except as disclosure is otherwise permitted or required by law in Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code.\n(C) The commission of any sexually related offense specified under Section 290 of the Penal Code.\n(d) The information shared among EMT-I, EMT-II, and EMT-P employers, medical directors of local EMS agencies, the authority, and EMT-I and EMT-II certifying entities shall be deemed to be an investigative communication that is exempt from public disclosure as a public record pursuant to subdivision (f) of Section 6254 of the Government Code. A formal disciplinary action against an EMT-I, EMT-II, or EMT-P shall be considered a public record available to the public, unless otherwise protected from disclosure pursuant to state or federal law.\n(e) For purposes of this section, \u201cdisciplinary cause\u201d means only an action that is substantially related to the qualifications, functions, and duties of an EMT-I, EMT-II, or EMT-P and is evidence of a threat to the public health and safety described in subdivision (c).\n(f) The reporting requirements of subdivision (a) do not require or authorize the release of information or records of an EMT-P who is also a peace officer protected by Section 832.7 of the Penal Code.\n(g) Proceedings against any EMT-P licenseholder shall be held in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.\n(h) (1) Pursuant to subdivision (i) of Section 1798.24 of the Civil Code, upon notification to the EMT-P, the EMS Authority may share the results of its investigation pursuant to subdivision (a) with the employer, a prospective employer when requested, in writing, as part of a preemployment background check, or the local EMS agency.\n(2) An EMT-P licensee or applicant to whom the information pertains, as set forth in subdivision (a) of Section 1798.24 of the Civil Code, may view the contents of a closed investigation file upon request during the EMS Authority\u2019s regular business hours.\nSEC. 3.\nSection 1798.201 of the Health and Safety Code is amended to read:\n1798.201.\n(a)  When information comes to the attention of the medical director of the local EMS agency that an EMT-P licenseholder has committed any act or omission that appears to constitute grounds for disciplinary action under this division, the medical director of the local EMS agency may evaluate the information to determine if there is reason to believe that disciplinary action may be necessary.\n(b)  If the medical director sends a recommendation to the authority for further investigation or discipline of the licenseholder, the medical director shall also notify, within three days, the EMT-P\u2019s employer. The recommendation to the authority and the notification sent to the employer shall include all documentary evidence collected by the medical director in evaluating whether or not to make that recommendation. The recommendation and accompanying evidence shall be deemed in the nature of an investigative communication and be protected by Section 6254 of the Government Code. In deciding what level of disciplinary action is appropriate in the case, the authority shall consult with the medical director of the local EMS agency.\nSEC. 4.\nSection 1798.202 of the Health and Safety Code is amended to read:\n1798.202.\n(a)  The director of the authority or the medical director of the local EMS agency, after consultation with the relevant employer, may temporarily suspend, prior to hearing, an EMT-P license upon a determination that: (1) the licensee has engaged in acts or omissions that constitute grounds for revocation of the EMT-P license; and (2) permitting the licensee to continue to engage in the licensed activity, or permitting the licensee to continue in the licensed activity without restriction, would present an imminent threat to the public health or safety. When the suspension is initiated by the local EMS agency, subdivision (b) shall apply. When the suspension is initiated by the director of the authority, subdivision (c) shall apply.\n(b)  The local EMS agency shall notify the licensee that his or her EMT-P license is suspended and shall identify the reasons therefor. Within three working days of the initiation of the suspension by the local EMS agency, the agency shall transmit to the authority and the EMT-P\u2019s employer, via facsimile transmission or overnight mail, all documentary evidence collected by the local EMS agency relative to the decision to temporarily suspend. Within two working days of receipt of the local EMS agency\u2019s documentary evidence, the director of the authority shall determine the need for the licensure action. Part of that determination shall include an evaluation of the need for continuance of the suspension during the licensure action review process. If the director of the authority determines that the temporary suspension order should not continue, the authority shall immediately notify the licensee and his or her employer that the temporary suspension is lifted. If the director of the authority determines that the temporary suspension order should continue, the authority shall immediately notify the licensee and his or her employer of the decision to continue the temporary suspension and shall, within 15 calendar days of receipt of the EMS agency\u2019s documentary evidence, serve the licensee with a temporary suspension order and accusation pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.\n(c)  The director of the authority shall initiate a temporary suspension with the filing of a temporary suspension order and accusation pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code and shall notify the director of the local EMS agency, and the relevant employer.\n(d)  If the licensee files a notice of defense, the hearing shall be held within 30 days of the authority\u2019s receipt of the notice of defense. The temporary suspension order shall be deemed vacated if the authority fails to make a final determination on the merits within 15 days after the administrative law judge renders the proposed decision.\nSEC. 5.\nSection 1799.112 of the Health and Safety Code is repealed.","title":""}
{"_id":"c418","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nThe Legislature finds and declares all of the following:\n(a) According to the United States Department of Housing and Urban Development\u2019s report to Congress, 115,738 people were estimated to be homeless in California in 2014, a rate that is unprecedented following a deep and prolonged economic recession, a severe shortage of safe and affordable housing, a failed veteran and civilian mental health system, and a diminished social safety net.\n(b) According to the United States Department of Education, 284,086 schoolchildren were known to have experienced homelessness in the 2013\u201314 school year.\n(c) Homelessness is an independent risk factor for a number of illnesses, making people more susceptible to increased health problems due to high stress, sleep deprivation, unsanitary surroundings, lack of access to hygiene facilities, and a myriad of other situational stressors experienced by people without stable housing. Subsequently, people who are chronically homeless are more medically frail and three to four times more likely to die prematurely than their housed counterparts.\n(d) Throughout California, local governments have enacted ordinances that make it illegal to rest or receive nourishment in public spaces.\n(e) Ending homelessness in California will require significant state and federal resources and there is ample evidence that policies that invest in ending homelessness, rather than criminalizing and marginalizing people who are experiencing homelessness, adequately balance the needs of all parties: community residents, government agencies, businesses, and men and women who are experiencing homelessness.\n(f) Passing this act will not reduce homelessness, but neither will local ordinances that criminalize homelessness. Instead, ordinances that criminalize homelessness result in increased incarceration rates and financial indebtedness of people who simply have no means of support and prolong homelessness by making it more difficult for people to secure housing, employment, and medical care. Criminalization policies further marginalize men and women who are experiencing homelessness, fuel inflammatory attitudes, and may even unduly restrict constitutionally protected liberties.\n(g) That is why, on September 18, 2015, the United States Department of Housing and Urban Development included in the annual Notice of Funding Availability for the 2015 Continuum of Care Program\nfunding competition,\nCompetition\nprovisions that would award additional points to any application that could include steps the community is taking to reduce criminalization of homelessness.\n(h) It is also why, on August 6, 2015, the United States Department of Justice submitted a rare statement of interest in a United States District Court in opposition to the criminalization of people who are homeless, calling it cruel and unusual punishment to punish someone for a crime with the potential for imprisonment and a violation of constitutional rights.\n(i) While these ordinances apply to all residents, they disproportionately impact people without homes, who have no private place to rest or seek nourishment, and are often selectively applied by law enforcement to people based upon their appearance or an assumption of homelessness.\n(j) In practice, these ordinances deprive persons experiencing homelessness and those who may be perceived as homeless of a safe and legal place to rest and seek nourishment, which adversely impacts their health and well-being.\n(k) Sleep deprivation impairs cognitive processes and puts one at risk for obesity, heart disease, heart attack, heart failure, irregular heartbeat, high blood pressure, stroke, diabetes, and depression. People who are homeless suffer from sleep deprivation and, absent a place to rest, they suffer it more frequently.\n(l) Because current practices have denied the right to adequate legal representation to people cited or arrested while resting or sharing food, homeless persons are often denied relief or damages through the courts.\n(m) Both the federal government, through its Interagency Council on Homelessness, and the United Nations have recognized that discrimination and criminalization violate a homeless person\u2019s human rights and have called upon state and local governments to cease enactment and enforcement of those laws.\n(n) Homelessness and the increasing criminalization of homelessness and discrimination against those experiencing homelessness are widespread throughout California and are matters of statewide concern.\n(o) Section 1 of Article I of the California Constitution provides that \u201c[a]ll people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy,\u201d without qualification as to whether or not a person is, or appears to be, homeless.\n(p) Subdivision (a) of Section 7 of Article I of the California Constitution provides that \u201c[a] person may not be deprived of life, liberty, or property without due process of law or denied equal protection of the laws ... .\u201d\n(q) Concordant with this fundamental belief, a person should not be subject to discrimination based on his or her income, housing status, or ability or desire to appear housed. Therefore, it is the intent of the Legislature in enacting this legislation to protect the rights of all Californians, regardless of their housing status, and ameliorate the adverse effects caused by the criminalization of homelessness on our communities and our citizens.\n(r) Decriminalization of rest allows municipal governments to redirect resources from local enforcement activities to activities that address the root causes of homelessness and poverty.\nSEC. 2.\nPart 2.2 (commencing with Section 53.8) is added to Division 1 of the Civil Code, to read:\nPART 2.2. Homeless Persons\n53.8.\nFor purposes of this part, the following definitions shall apply:\n(a) \u201cHomeless persons,\u201d \u201chomeless people,\u201d or \u201cpersons experiencing homelessness\u201d means those individuals or members of families who lack a fixed, regular, and adequate nighttime residence, including people defined as homeless using the criteria established in the Homeless Emergency Assistance and Rapid Transition to Housing (HEARTH) Act of 2009.\n(b) \u201cPublic space\u201d means any property that is owned by a government entity or\nany property\nupon which there is an easement for public use and that is held open to the public, including, but not limited to, plazas, courtyards, parking lots, sidewalks, public transportation facilities and services, public buildings, shopping centers, and parks.\nThe ability to rest shall not apply to a public space during a time it is closed to all persons or when a fee is required for entry or use.\n(c) \u201cRest\u201d means the state of not moving, holding certain postures that include, but are not limited to, sitting, standing, leaning, kneeling, squatting, sleeping, or lying.\n53.81.\n(a) It is the intent of the Legislature that this section be interpreted broadly so as to prohibit policies or practices that are discriminatory in either their purpose or effect.\n(b) Persons experiencing homelessness shall be permitted to use public space in the ways described in this section at any time that the public space is open to the public without discrimination based upon their housing status, and without being subject to criminal, civil, or administrative penalties. Permitted use of the public space include, but are not limited to, all of the following:\n(1) Free movement without restraint.\n(2) Sleeping or resting, and protecting oneself from the elements while sleeping or resting in a nonobstructive manner.\n(3) Eating, sharing, accepting, or giving food in a space in which having food is not otherwise generally prohibited.\n(4) Praying, meditating, worshiping, or practicing religion.\n(c) Nothing in this section shall prevent law enforcement from enforcing laws to protect the right of people to use the sidewalk pursuant to the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.).\n(d) Nothing in this section shall prevent law enforcement from enforcing the Penal Code, except subdivision (e) of Section 647 of the Penal Code, so far as it prohibits\nrest.\nrest in public spaces as defined in subdivision (b) of Section 53.8.\n53.82.\n(a) Any person whose rights have been violated pursuant to this part may enforce those rights in a civil action.\n(b) The court may award appropriate injunctive and declaratory relief, restitution for loss of property or personal effects and belongings, actual damages, compensatory damages, exemplary damages, statutory damages of one thousand dollars ($1,000) per violation, and reasonable attorney\u2019s fees and costs to a prevailing plaintiff.\nSEC. 3.\nSection 11139.2 is added to the Government Code, to read:\n11139.2.\nTo improve monitoring of discrimination based upon housing status and violations of Part 2.2 (commencing with Section 53.8) of Division 1 of the Civil Code, and to ensure that people who are experiencing homelessness are not unlawfully denied full and equal access to the benefits of state-funded programs or assistance, or unlawfully subjected to discrimination, all applicants for the United States Department of Housing and Urban Development\u2019s Continuum of Care Homeless Assistance Program shall annually provide to the Department of Housing and Community Development\u2019s Division of Housing Policy Development a copy of its application for funding from the United States Department of Housing and Urban Development that includes the organization\u2019s response to the application question regarding steps that its community is taking to reduce criminalization of homelessness.\nNotwithstanding Section 10231.5, the Department of Housing and Community Development shall compile the information regarding community actions to reduce criminalization of homelessness found in those applications and provide an annual report to the Assembly Housing and Community Development Committee and the Senate Transportation and Housing Committee.\nSEC. 4.\nIf 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.","title":""}
{"_id":"c221","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 21159.21 of the Public Resources Code is amended to read:\n21159.21.\nA housing project qualifies for an exemption from this division pursuant to Section 21159.22, 21159.23, or 21159.24 if it meets the criteria in the applicable section and all of the following criteria:\n(a) The project is consistent with any applicable general plan, specific plan, and local coastal program, including any mitigation measures required by a plan or program, as that plan or program existed on the date that the application was deemed complete and with any applicable zoning ordinance, as that zoning ordinance existed on the date that the application was deemed complete, except that a project shall not be deemed to be inconsistent with the zoning designation for the site if that zoning designation is inconsistent with the general plan only because the project site has not been rezoned to conform with a more recently adopted general plan.\n(b)\nCommunity-level\nA community-level\nenvironmental review has been adopted or certified.\n(c) The project and other projects approved prior to the approval of the project can be adequately served by existing utilities, and the project applicant has paid, or has committed to pay, all applicable in-lieu or development fees.\n(d) The site of the project does not contain wetlands, does not have any value as a wildlife habitat, and the project does not harm any species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.) or\nprotected\nby the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), and the project does not cause the destruction or removal of any species protected by a local ordinance in effect at the time the application for the project was deemed complete. For the purposes of this subdivision, \u201cwetlands\u201d has the same meaning as in Section 328.3 of Title 33 of the Code of Federal Regulations and \u201cwildlife habitat\u201d means the ecological communities upon which wild animals, birds, plants, fish, amphibians, and invertebrates depend for their conservation and protection.\n(e) The site of the project is not included on any list of facilities and sites compiled pursuant to Section 65962.5 of the Government Code.\n(f) The site of the project is subject to a preliminary endangerment assessment prepared by an environmental assessor to determine the existence of any release of a hazardous substance on the site and to determine the potential for exposure of future occupants to significant health hazards from any nearby property or activity.\n(1) If a release of a hazardous substance is found to exist on the site, the release shall be removed, or any significant effects of the release shall be mitigated to a level of insignificance in compliance with state and federal requirements.\n(2) If a potential for exposure to significant hazards from surrounding properties or activities is found to exist, the effects of the potential exposure shall be mitigated to a level of insignificance in compliance with state and federal requirements.\n(g) The project does not have a significant effect on historical resources pursuant to Section 21084.1.\n(h) The project site is not subject to any of the following:\n(1) A wildland fire hazard, as determined by the Department of Forestry and Fire Protection, unless the applicable general plan or zoning ordinance contains provisions to mitigate the risk of a wildland fire hazard.\n(2) An unusually high risk of fire or explosion from materials stored or used on nearby properties.\n(3) Risk of a public health exposure at a level that would exceed the standards established by any state or federal agency.\n(4) Within a delineated earthquake fault zone, as determined pursuant to Section 2622, or a seismic hazard zone, as determined pursuant to Section 2696, unless the applicable general plan or zoning ordinance contains provisions to mitigate the risk of an earthquake fault or seismic hazard zone.\n(5) Landslide hazard, flood plain, flood way, or restriction zone, unless the applicable general plan or zoning ordinance contains provisions to mitigate the risk of a landslide or flood.\n(i) (1) The project site is not located on developed open space.\n(2) For the purposes of this subdivision, \u201cdeveloped open space\u201d means land that meets all of the following criteria:\n(A) Is publicly owned, or financed in whole or in part by public funds.\n(B) Is generally open to, and available for use by, the public.\n(C) Is predominantly lacking in structural development other than structures associated with open spaces, including, but not limited to, playgrounds, swimming pools, ballfields, enclosed child play areas, and picnic facilities.\n(3) For the purposes of this subdivision, \u201cdeveloped open space\u201d includes land that has been designated for acquisition by a public agency for developed open space, but does not include lands acquired by public funds dedicated to the acquisition of land for housing purposes.","title":""}
{"_id":"c492","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nThis act shall be known, and may be cited, as the Healthy Food, Healthy Student Act.\nSEC. 2.\nSection 49430 of the Education Code is amended to read:\n49430.\nAs used in this article, the following terms have the following meanings:\n(a) \u201cAdded sweetener\u201d means an additive other than 100 percent fruit juice that enhances the sweetness of a beverage.\n(b) \u201cCombination foods\u201d means products that contain two or more components representing two or more of the recommended food groups: fruit, vegetable, dairy, protein, or grains.\n(c) \u201cCompetitive foods\u201d means all food and beverages other than meals reimbursed under programs authorized by the federal Richard B. Russell National School Lunch Act (Public Law 113-79) and the federal Child Nutrition Act of 1966 (42 U.S.C. Sec. 1771 et seq.) available for sale to pupils on the school campus during the schoolday.\n(d) \u201cDeep fried\u201d means a food item that is cooked by total submersion in oil or fat.\n(e) \u201cElementary school\u201d means a school operated and maintained by a school district or county office of education that maintains any grade from kindergarten to grade 6, inclusive, but no grade higher than grade 6.\n(f) \u201cEntr\u00e9e\u201d means a food that is generally regarded as being the primary food in a meal, and shall include, but not be limited to, sandwiches, burritos, pasta, and pizza.\n(g) \u201cFlash fried\u201d means a food item that is quickly fried on both sides in oil with a temperature of 400 degrees Fahrenheit or higher.\n(h) \u201cHigh school\u201d means a school operated and maintained by a school district or county office of education maintaining any of grades 9 to 12, inclusive.\n(i) \u201cMiddle school\u201d means a school operated and maintained by a school district or county office of education that maintains grade 7 or 8, grades 7 to 9, inclusive, or grades 7 to 10, inclusive.\n(j) \u201cPar fried\u201d means a food item that is fried to reach an internal temperature of 160 degrees Fahrenheit then it is cooled to room temperature so that it may be refrigerated or frozen for future frying.\n(k) \u201cSchool campus\u201d means all areas of the property under the jurisdiction of the school that are accessible to pupils during the schoolday.\n(l) \u201cSchoolday\u201d means the period from the midnight before to 30 minutes after the end of the official schoolday.\n(m) \u201cSnack\u201d means a food that is generally regarded as supplementing a meal, including, but not limited to, chips, crackers, yogurt, cheese, nuts, seeds, fruit, or vegetables.\n(n) \u201cSold\u201d means the exchange of food or beverages for money, coupons, vouchers, or order forms when any part of the exchange occurs on a school campus.\nSEC. 3.\nSection 49430.5 of the Education Code is amended to read:\n49430.5.\n(a) The reimbursement a school receives for free and reduced-price meals sold or served to pupils in elementary, middle, or high schools included within a school district, charter school, or county office of education shall be twenty-two and seventy-one hundredths cents ($0.2271) per meal, and, for meals served in child care centers and homes, the reimbursement shall be sixteen and ninety-one hundredths cents ($0.1691) per meal.\n(b) To qualify for the reimbursement for free and reduced-price meals provided to pupils in elementary, middle, or high schools, a school shall follow the United States Department of Agriculture meal pattern.\n(c) The reimbursement rates set forth in this section shall be adjusted annually for increases in cost of living in the same manner set forth in Section 42238.1.\nSEC. 4.\nSection 49430.7 of the Education Code is amended to read:\n49430.7.\n(a) For purposes of this section, the following terms have the following meanings:\n(1) \u201cChild development program\u201d means a program operated pursuant to Chapter 2 (commencing with Section 8200) of Part 6 of Division 1 of Title 1.\n(2) \u201cSchool\u201d means a school operated and maintained by a school district or county office of education, or a charter school.\n(3) \u201cSchool district\u201d means a school district, charter school, or county office of education.\n(b) As a condition of receipt of funds pursuant to Section 49430.5, commencing with the 2007\u201308 fiscal year, for meals and food items sold as part of the free and reduced-price meal programs, a school or school district shall comply with all of the following requirements and prohibitions:\n(1) Follow the United States Department of Agriculture meal pattern.\n(2) Not sell or serve a food item that has in any way been deep fried, par fried, or flash fried by a school or school district.\n(3) Not sell or serve a food item containing artificial trans fat. A food item contains artificial trans fat if it contains vegetable shortening, margarine, or any kind of hydrogenated or partially hydrogenated vegetable oil, unless the manufacturer\u2019s documentation or the label required on the food, pursuant to applicable federal and state law, lists the trans fat content as less than 0.5 grams per serving.\n(4) Not sell or serve a food item that, as part of the manufacturing process, has been deep fried, par fried, or flash fried in an oil or fat that is prohibited by this paragraph. Oils and fats prohibited by this paragraph include, but are not limited to, palm, coconut, palm kernel, and lard, typically solid at room temperature and are known to negatively impact cardiovascular health. Oils permitted by this paragraph include, but are not limited to, canola, safflower, sunflower, corn, olive, soybean, peanut, or a blend of these oils, typically liquid at room temperature and are known for their positive cardiovascular benefit.\n(c) For meals and food items sold as part of the free and reduced-price meal programs, a child development program is encouraged to comply with all of the following guidelines:\n(1) Meet developmentally and programmatically appropriate meal pattern and the United States Department of Agriculture meal pattern.\n(2) Not sell or serve a food item that has in any way been deep fried, par fried, or flash fried by a school, school district, or child development program.\n(3) Not sell or serve a food item containing artificial trans fat. A food item contains artificial trans fat if it contains vegetable shortening, margarine, or any kind of hydrogenated or partially hydrogenated vegetable oil, unless the manufacturer\u2019s documentation or the label required on the food, pursuant to applicable federal and state law, lists the trans fat content as less than 0.5 grams per serving.\n(4) Not sell or serve a food item that, as part of the manufacturing process, has been deep fried, par fried, or flash fried in an oil or fat prohibited by this paragraph. Oils and fats prohibited by this paragraph include, but are not limited to, palm, coconut, palm kernel, and lard, typically solid at room temperature and are known to negatively impact cardiovascular health. Oils permitted by this provision include, but are not limited to, canola, safflower, sunflower, corn, olive, soybean, peanut, or a blend of these oils, typically liquid at room temperature and are known for their positive cardiovascular benefit.\n(d) As a condition of receipt of funds pursuant to Section 49430.5, schools and school districts shall provide the department with an annual certification of compliance with the provisions of this section.\n(e) This section shall become operative only upon an appropriation for its purposes in the annual Budget Act or another statute.\nSEC. 5.\nSection 49431 of the Education Code is amended to read:\n49431.\n(a) From the midnight before to 30 minutes after the end of the official schoolday, at each elementary school, the only competitive foods that may be sold to a pupil are fruit, vegetable, dairy, protein, or whole grain rich food items; foods with a fruit, vegetable, dairy, protein, or whole grain item as its first ingredient; or combination foods containing at least one-quarter cup of fruit or vegetable that meets the following standards:\n(1) Not more than 35 percent of its total calories shall be from fat. This paragraph shall not apply to individually sold portions of nuts, nut butters, seeds, seed butters, reduced-fat cheese or part skim mozzarella cheese packaged for individual sale, fruits, vegetables that have not been deep fried, seafood, or a dried fruit and nut and seed combination.\n(2) Less than 10 percent of its total calories shall be from saturated fat. This paragraph shall not apply to reduced-fat cheese or part skim mozzarella cheese packaged for individual sale, nuts, nut butters, seeds, seed butters, or a dried fruit and nut and seed combination.\n(3) Not more than 35 percent of its total weight shall be composed of sugar, including naturally occurring and added sugar. This paragraph shall not apply to fruits, vegetables that have not been deep fried, or a dried fruit and nut and seed combination.\n(4) Contains less than 0.5 grams of trans fat per serving.\n(5) Contains not more than 200 milligrams of sodium per item, package, or container sold to a pupil.\n(6) Contains not more than 200 calories per individual food item.\n(b) An elementary school may permit the sale of food items that do not comply with subdivision (a) as part of a school fundraising event in either of the following circumstances:\n(1) The sale of those items takes place off of and away from school premises.\n(2) The sale of those items takes place on school premises at least one-half hour after the end of the schoolday.\n(c) It is the intent of the Legislature that the governing board of a school district annually review its compliance with the nutrition standards described in this section and Section 49431.5.\nSEC. 6.\nSection 49431.2 of the Education Code is amended to read:\n49431.2.\n(a) From the midnight before to 30 minutes after the end of the official schoolday, at each middle school or high school, the only competitive snack foods that may be sold to a pupil are fruit, vegetable, dairy, protein, or whole grain rich food items; foods with a fruit, vegetable, dairy, protein, or whole grain item as its first ingredient; or combination foods containing at least one-quarter cup of fruit or vegetable that meet all of the following standards:\n(1) Not more than 35 percent of its total calories shall be from fat. This paragraph does not apply to the sale of nuts, nut butters, seeds, seed butters, reduced-fat cheese or part skim mozzarella cheese packaged for individual sale, fruits, vegetables that have not been deep fried, seafood, or a dried fruit and nut and seed combination.\n(2) Less than 10 percent of its total calories shall be from saturated fat. This paragraph shall not apply to reduced-fat cheese or part skim mozzarella cheese packaged for individual sale, nuts, nut butters, seeds, seed butters, or a dried fruit and nut and seed combination.\n(3) Not more than 35 percent of its total weight shall be composed of sugar, including naturally occurring and added sugars. This paragraph shall not apply to the sale of fruits, vegetables that have not been deep fried, or a dried fruit and nut and seed combination.\n(4) Contains less than 0.5 grams of trans fat per serving.\n(5) Contains not more than 200 milligrams of sodium per item, package, or container sold to a pupil.\n(6) Contains not more than 200 calories per individual food item.\n(b) (1) From the midnight before to 30 minutes after the end of the official schoolday, at each middle school or high school, a competitive entr\u00e9e sold by the district food service department the day, or the day after, it is served on the federal National School Lunch Program or federal School Breakfast Program menu shall meet the following standards:\n(A) Contains not more than 400 calories per entr\u00e9e item.\n(B) Not more than 35 percent of its total calories shall be from fat.\n(C) Contains less than 0.5 grams trans fat per serving.\n(D) Is offered in the same or smaller portion sizes as in the federal National School Lunch Program or federal School Breakfast Program.\n(2) From the midnight before to 30 minutes after the end of the official schoolday, at each middle school or high school, a competitive entr\u00e9e sold by the district food service department but not the day, or the day after, it is served on the federal National School Lunch Program or federal School Breakfast Program menu, or a competitive entr\u00e9e sold by any other entity, shall meet the following standards:\n(A) Not more than 35 percent of its total calories shall be from fat.\n(B) Less than 10 percent of its calories shall be from saturated fat.\n(C) Not more than 35 percent of its total weight shall be composed of sugar, including naturally occurring and added sugar.\n(D) Contains less than 0.5 grams of trans fat per serving.\n(E) Contains not more than 480 milligrams of sodium.\n(F) Contains not more than 350 calories.\n(c) A middle school or high school may permit the sale of food items that do not comply with subdivision (a) or (b) in any of the following circumstances:\n(1) The sale of those items takes place off of and away from school premises.\n(2) The sale of those items takes place on school premises at least one-half hour after the end of the schoolday.\n(d) It is the intent of the Legislature that the governing board of a school district annually review its compliance with the nutrition standards described in this section.\nSEC. 7.\nSection 49431.5 of the Education Code is amended to read:\n49431.5.\n(a) (1) From the midnight before to 30 minutes after the end of the official schoolday, at each elementary or middle school, the only competitive beverages that may be sold to a pupil are the following:\n(A) Fruit-based drinks that are composed of no less than 50 percent fruit juice and have no added sweetener in a maximum serving size of 8 fluid ounces for elementary school or 12 fluid ounces for middle school.\n(B) Vegetable-based drinks that are composed of no less than 50 percent vegetable juice and have no added sweetener in a maximum serving size of 8 fluid ounces for elementary school or 12 fluid ounces for middle school.\n(C) Plain water or plain carbonated water.\n(D) One-percent-fat unflavored milk, nonfat flavored or unflavored milk, soy milk, rice milk, and other similar nondairy milk in a maximum serving size of 8 fluid ounces for elementary school or 12 fluid ounces for middle school.\n(E) A beverage shall not contain caffeine with the exception of trace amounts of naturally occurring caffeine substances.\n(2) An elementary school or middle school may permit the sale of beverages that do not comply with paragraph (1) as part of a school fundraising event in either of the following circumstances:\n(A) The sale of those items takes place off and away from the premises of the school.\n(B) The sale of those items takes place on school premises at least one-half hour after the end of the schoolday.\n(3) From the midnight before to 30 minutes after the end of the official schoolday, at each high school, the only competitive beverages that may be sold to a pupil are the following:\n(A) Fruit-based drinks that are composed of no less than 50 percent fruit juice and have no added sweetener in a maximum serving size of 12 fluid ounces.\n(B) Vegetable-based drinks that are composed of no less than 50 percent vegetable juice and have no added sweetener in a maximum serving size of 12 fluid ounces.\n(C) Plain water or plain carbonated water.\n(D) One-percent-fat unflavored milk, nonfat flavored or unflavored milk, soy milk, rice milk, and other similar nondairy milk in a maximum serving size of 12 fluid ounces.\n(E) Flavored water or flavored carbonated water with no added sweetener that is labeled to contain less than 5 calories per 8 fluid ounces in a maximum serving size of 20 fluid ounces.\n(F) Flavored water or flavored carbonated water with no added sweetener that is labeled to contain no more than 40 calories per 8 fluid ounces in a maximum serving size of 12 fluid ounces.\n(G) Electrolyte replacement beverages that are labeled to contain less than 5 calories per 8 fluid ounces in a maximum serving size of 20 fluid ounces.\n(H) Electrolyte replacement beverages that are labeled to contain no more than 40 calories per 8 fluid ounces in a maximum serving size of 12 fluid ounces.\n(I) Beverages labeled or commonly referred to as sodas, colas, or soft drinks are not allowed.\n(J) A beverage shall not contain caffeine with the exception of trace amounts of naturally occurring caffeine substances.\n(4) A high school may permit the sale of beverages that do not comply with paragraph (3) as part of a school event if the sale of those items meets either of the following criteria:\n(A) The sale of those items takes place off and away from the premises of the school.\n(B) The sale of those items takes place on school premises at least one-half hour after the end of the schoolday.\n(b) It is the intent of the Legislature that the governing board of a school district annually review its compliance with this section.\n(c) Notwithstanding Article 3 (commencing with Section 33050) of Chapter 1 of Part 20 of Division 2, compliance with this section may not be waived.\nSEC. 8.\nSection 49431.7 of the Education Code is amended to read:\n49431.7.\n(a) From the midnight before to 30 minutes after the end of the official schoolday, a school or school district shall not sell to pupils enrolled in kindergarten, or any of grades 1 to 12, inclusive, food containing artificial trans fat, as defined in subdivision (b).\n(b) For purposes of this section, a food contains artificial trans fat if a food contains vegetable shortening, margarine, or any kind of partially hydrogenated vegetable oil, unless the manufacturer\u2019s documentation or the label required on the food, pursuant to applicable federal and state law, lists the trans fat content as less than 0.5 grams of trans fat per serving.\n(c) This section shall not apply to food provided as part of a United States Department of Agriculture meal program.\nSEC. 9.\nSection 49432 of the Education Code is amended to read:\n49432.\nEvery public school may post a summary of nutrition and physical activity laws and regulations, and shall inform the public about the content of the school\u2019s local school wellness policy, established pursuant to the federal Healthy, Hunger-Free Kids Act of 2010 (Public Law 111-296). The department shall develop the summary of state law and regulations.\nSEC. 10.\nNo reimbursement is required by this act pursuant to Section 6 of Article XIII\u2009B of the California Constitution because this act implements a federal law or regulation and results in costs mandated by the federal government, within the meaning of Section 17556 of the Government Code.\nHowever, 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.","title":""}
{"_id":"c103","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 11834.02 of the Health and Safety Code is amended to read:\n11834.02.\n(a)  As used in this chapter, \u201calcoholism or drug abuse recovery or treatment facility or facilities,\u201d \u201cfacility,\u201d or \u201cfacilities\u201d means any premises, place, or building that provides 24-hour residential nonmedical services to adults who are recovering from problems related to alcohol, drug, or alcohol and drug misuse or abuse, and who need alcohol, drug, or alcohol and drug recovery treatment or detoxification services.\n(b)  As used in this chapter, \u201cadults\u201d may include, but is not limited to, all of the following:\n(1)  Mothers over 18 years of age and their children.\n(2)  Emancipated minors, which may include, but is not limited to, mothers under 18 years of age and their children.\n(c)  As used in this chapter, \u201cemancipated minors\u201d means persons under 18 years of age who have acquired emancipation status pursuant to Section 7002 of the Family Code.\n(d) As used in this chapter, \u201cintegral facilities\u201d means any combination of two or more facilities located on the same or different parcels that collectively serve seven or more persons, not including the licensee or members of the licensee\u2019s family or persons employed as facility staff, and that are under the control or management of the same owner, operator, management company, or licensee, or any affiliate of any of them, or which together comprise one operation or enterprise. Integral facilities shall include, but not be limited to, the provision of housing in one facility and recovery programming, treatment, meals, or any other service at another facility or facilities, or by assigning staff or a consultant to provide services to or in more than one facility.\n(e) Notwithstanding subdivision (a), an alcoholism or drug abuse recovery or treatment facility may serve adolescents upon the issuance of a waiver granted by the department pursuant to regulations adopted under subdivision (c) of Section 11834.50.\nSEC. 2.\nSection 11834.09 of the Health and Safety Code is amended to read:\n11834.09.\n(a) Upon receipt of a completed written application, fire clearance, and licensing fee from the prospective licensee, and subject to the department\u2019s review and determination that the prospective licensee can comply with this chapter and regulations adopted pursuant to this chapter, the department shall issue a single license to the following types of alcoholism or drug abuse recovery or treatment facilities:\n(1) A residential facility, other than integral facilities.\n(2) Integral facilities, as defined in subdivision (d) of Section 11834.02.\n(b) Failure to submit a completed written application, fire clearance, and payment of the required licensing fee in a timely manner shall result in termination of the department\u2019s licensure review and shall require submission of a new application by the prospective licensee.\n(c) Failure of the prospective licensee to demonstrate the ability to comply with this chapter or the regulations adopted pursuant to this chapter shall result in departmental denial of the prospective licensee\u2019s application for licensure.\nSEC. 3.\nSection 11834.20 of the Health and Safety Code is amended to read:\n11834.20.\n(a) The Legislature hereby declares that it is the policy of this state that each county and city shall permit and encourage the development of sufficient numbers and types of alcoholism or drug abuse recovery or treatment facilities as are commensurate with local need.\n(b) (1)\nIt shall be presumed that local need is satisfied, and the department shall\nFor any licensing application submitted on or after January 1, 2017, the department may\ndeny an application for a new facility license, if the proposed location is in proximity to an existing facility that would result in overconcentration.\n(2) As used in this section, \u201coverconcentration\u201d means that if a new license is issued, two or more alcoholism or drug abuse recovery or treatment facilities will be separated by a distance of 300 feet or less, as measured from the nearest property line on which an existing facility is located to the nearest property line of the proposed facility. The siting of facilities that combine to form integral facilities within 300 feet of one another shall not result in overconcentration.\n(3)\nNotwithstanding paragraphs (1) and (2), based\nBased\non special local needs and conditions, the department may approve a separation distance of less than 300 feet if the proximity of facilities to one another would not conflict with regulations of the city or county in which the proposed facility will be located.\n(c) Any city or county may request denial of the license applied for on the basis of an overconcentration of facilities.\n(d) At least 45 days prior to approving any application for a new facility, the department or county licensing agency shall notify in writing the planning agency of the city, if the facility is to be located in the city, or the planning agency of the county, if the facility is to be located in an unincorporated area, of the proposed location of the facility.\n(e) The provisions of this article apply equally to any chartered city, general law city, county, city and county, district, and any other local public entity.\n(f) For the purposes of this article, \u201csix or fewer persons\u201d does not include the licensee or members of the licensee\u2019s family or persons employed as facility staff.\nSEC. 4.\nSection 11834.23 of the\nHealth and Safety Code\nis amended to read:\n11834.23.\n(a)Whether or not unrelated persons are living together, an alcoholism or drug abuse recovery or treatment facility that serves six or fewer persons shall be considered a residential use of property for the purposes of this article. In addition, the residents and operators of the facility shall be considered a family for the purposes of any law or zoning ordinance that relates to the residential use of property pursuant to this article.\n(b)For the purpose of all local ordinances, an alcoholism or drug abuse recovery or treatment facility that serves six or fewer persons shall not be included within the definition of a boarding house, rooming house, institution or home for the care of minors, the aged, or persons with mental health disorders, foster care home, guest home, rest home, community residence, or other similar term that implies that the alcoholism or drug abuse recovery or treatment home is a business run for profit or differs in any other way from a single-family residence.\n(c)This section shall not be construed to forbid a city, county, or other local public entity from placing restrictions on building heights, setback, lot dimensions, or placement of signs of an alcoholism or drug abuse recovery or treatment facility that serves six or fewer persons as long as the restrictions are identical to those applied to other single-family residences.\n(d)This section shall not be construed to forbid the application to an alcoholism or drug abuse recovery or treatment facility of any local ordinance that deals with health and safety, building standards, environmental impact standards, or any other matter within the jurisdiction of a local public entity. However, the ordinance shall not distinguish alcoholism or drug abuse recovery or treatment facilities that serve six or fewer persons from other single-family dwellings or distinguish residents of alcoholism or drug abuse recovery or treatment facilities from persons who reside in other single-family dwellings.\n(e)No conditional use permit, zoning variance, or other zoning clearance shall be required of an alcoholism or drug abuse recovery or treatment facility that serves six or fewer persons that is not required of a single-family residence in the same zone.\n(f)Use of a single-family dwelling for purposes of an alcoholism or drug abuse recovery facility serving six or fewer persons shall not constitute a change of occupancy for purposes of Part 1.5 (commencing with Section 17910) of Division 13 or local building codes. However, nothing in this section is intended to supersede Section 13143 or 13143.6, to the extent those sections are applicable to alcoholism or drug abuse recovery or treatment facilities serving six or fewer residents.\n(g)This section shall not apply to integral facilities, as defined in subdivision (d) of Section 11834.02.\n(h)A city, county, or city and county whose application of zoning ordinances to a licensed alcoholism or drug abuse recovery or treatment facility is restricted by this section is an interested party with standing to pursue any available administrative appeals or otherwise seek judicial review of the licensing decision of the department and enforce the provisions of this chapter.\nSEC. 5.\nSEC. 4.\nIf 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.","title":""}
{"_id":"c482","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nThis act is intended to remove the sunset date in Section 12811.1 of the Public Utilities Code on the authority of a municipal utility district to collect delinquent fees, tolls, rates, rentals, and other charges on the tax roll. This act is not intended to change existing law regarding the protection provided to a property owner pursuant to Section 12822.6 of the Public Utilities Code, which prohibits a municipal utility district from collecting delinquent charges or penalties from a property owner accrued by a residential tenant in a nonmaster-metered building.\nSEC. 2.\nSection 12811.1 of the Public Utilities Code, as amended by Section 1 of Chapter 485 of the Statutes of 2010, is amended to read:\n12811.1.\n(a) Except when prohibited by Section 12822.6, a district may, by resolution or ordinance, require the owner of record of real property within the district to pay the fees, tolls, rates, rentals, or other charges for services rendered to a lessee, tenant, or subtenant, and those fees, tolls, rates, rentals, and other charges that have become delinquent, together with interest and penalties thereon, are a lien on the property when a certificate is filed in the office of the county recorder pursuant to subdivision (b) and the lien has the force, effect, and priority of a judgment lien. No lien may be created under this section on any publicly owned property.\n(b) A lien under this section attaches when the district files for recordation in the office of the county recorder a certificate specifying the amount of the delinquent fees, tolls, rates, rentals, or other charges together with interest and penalties thereon; the name of the owner of record of the property to which services were rendered by the district; and the legal description of the property. Within 30 days of receipt of payment of all amounts due, including recordation fees paid by the district, the district shall file for recordation a release of the lien.\n(c) A district may, by resolution or ordinance, provide that any delinquent fees, tolls, rates, rentals, or other charges, together with interest and penalties thereon, including any delinquent fees, tolls, rates, rentals, or other charges for services rendered to a lessee, tenant, or subtenant, may be collected on the tax roll in the same manner as property taxes. Before any entity may collect any delinquent fees, tolls, rates, rentals, or other charges, together with interest and penalties thereon, including any delinquent fees, tolls, rates, rentals, or other charges for services rendered to a lessee, tenant, or subtenant on the tax roll, the district shall prepare a report, provide notice, conduct a public hearing, and file a certificate in the office of the county recorder, as follows:\n(1) The general manager shall prepare and file with the district board of directors a report that describes each affected parcel of real property and the amount of the delinquent fees, tolls, rates, rentals, or other charges, together with interest and penalties thereon, including any delinquent fees, tolls, rates, rentals, or other charges for services rendered to a lessee, tenant, or subtenant for each affected parcel for the year. The general manager shall give notice of the filing of the report and of the time, date, and place for a public hearing by publishing the notice pursuant to Section 6066 of the Government Code in a newspaper of general circulation, and by mailing the notice to the owner of each affected parcel at least 14 days prior to the date of the hearing.\n(2) At the public hearing, the board of directors shall hear and consider any objections or protests to the report. At the conclusion of the public hearing, the board of directors may adopt or revise the delinquent fees, tolls, rates, rentals, or other charges, together with interest and penalties thereon, including any delinquent fees, tolls, rates, rentals, or other charges for services rendered to a lessee, tenant, or subtenant. The board of directors shall make its determination on each affected parcel and its determinations shall be final.\n(3) On or before August 10 of each year following these determinations, the general manager shall file with the county auditor a copy of the final report adopted by the board of directors. The county auditor shall enter the amount of the delinquent fees, tolls, rates, rentals, or other charges, together with interest and penalties thereon, including any delinquent fees, tolls, rates, rentals, or other charges for services rendered to a lessee, tenant, or subtenant, against each of the affected parcels of real property as they appear on the current assessment roll. The county tax collector shall include the amount of the delinquent fees, tolls, rates, rentals, or charges, together with interest and penalties thereon, including any delinquent fees, tolls, rates, rentals, or other charges for services rendered to a lessee, tenant, or subtenant, on the tax bills for each affected parcel of real property and collect the delinquent fees, tolls, rates, rentals, or charges, together with interest and penalties thereon, including any delinquent fees, tolls, rates, rentals, or other charges for services rendered to a lessee, tenant, or subtenant, in the same manner as property taxes.\n(4) The district may recover any delinquent fees, tolls, rates, rentals, or other charges, together with interest and penalties thereon, including any delinquent fees, tolls, rates, rentals, or other charges for services rendered to a lessee, tenant, or subtenant, by recording in the office of the county recorder of the county in which the affected parcel is located, a certificate declaring the amount of the delinquent fees, tolls, rates, rentals, or charges, together with interest and penalties thereon, including any delinquent fees, tolls, rates, rentals, or other charges for services rendered to a lessee, tenant, or subtenant, due, and the name and last known address of the person liable therefor. From the time of recordation of the certificate, the amount of the delinquent fees, tolls, rates, rentals, or charges, together with interest and penalties thereon, including any delinquent fees, tolls, rates, rentals, or other charges for services rendered to a lessee, tenant, or subtenant, constitutes a lien against the affected real property of the delinquent property owner in that county. This lien shall have the force, effect, and priority of a judgment lien. Within 30 days of receipt of payment of all amounts due, including recordation fees paid by the district, the district shall file for recordation a release of the lien.\n(5) The district shall not recover on the tax roll any delinquent fees, tolls, rates, rentals, or other charges for services for commercial use to a commercial tenant under an account established by the commercial tenant, from any subsequent tenant or the property owner, due to nonpayment of charges by a previous commercial tenant. For this purpose, the term \u201csubsequent commercial tenant\u201d shall not include an entity or adult person that was located at the same address during the period the charges or penalties accrued. This paragraph does not apply to master-metered accounts.\n(d) Notwithstanding Sections 6103 and 27383 of the Government Code, in filing any instrument, paper, or notice pursuant to this section, the district shall pay all applicable recording fees prescribed by law.\n(e) A district shall reimburse the county for the reasonable expenses incurred by the county pursuant to this section.\n(f) The remedies in this section are cumulative and in addition to any other remedy provided by law. The district may pursue remedies alternatively or consecutively.\n(g) This section does not apply to delinquent fees or charges for the furnishing of electrical service.\nSEC. 3.\nSection 12811.1 of the Public Utilities Code, as added by Section 2 of Chapter 485 of the Statutes of 2010, is repealed.\nSEC. 4.\nNo reimbursement is required by this act pursuant to Section 6 of Article XIII\u2009B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.","title":""}
{"_id":"c431","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nThe Legislature finds and declares all of the following:\n(a) California relies on private nonprofit colleges and universities accredited by the Western Association of Schools and Colleges (WASC) to help meet the state\u2019s higher education needs.\n(b) The maximum award for Cal Grant students attending WASC accredited private nonprofit colleges and universities has not increased since its maximum of $9,708 in 1999:\n(1) It was cut by almost 15 percent for the 2004\u201305 and 2005\u201306 cohorts.\n(2) It was cut by 5 percent for new and renewal students for the 2012\u201313 award year, and by an additional 1.5 percent in the 2013\u201314 award year. It is scheduled for an additional cut of 11.3 percent in the 2015\u201316 award year for new awardees.\n(3) If the 2000 Cal Grant maximum award had kept up with the rate of inflation, the 2014 award level would be $13,346.\n(4) The proposed maximum award for the 2015\u201316 award year will be the lowest amount California has invested in academically qualified, low-income students that attend private nonprofit WASC accredited institutions since the 1997\u201398 academic year.\n(c) The Cal Grant Program effectively and successfully helps California\u2019s private nonprofit colleges and universities to recruit, retain, and graduate historically underrepresented students from low-income California families.\n(d) Predictable and stable funding formulas and eligibility requirements ensure that the state maximizes its investment by allowing families to better plan and pay for higher education, in addition to incentivizing private nonprofit colleges and universities to enroll more low-income Californians.\n(e) Legislative action is needed to adopt a reasonable and viable formula that supports predictability and parity for California students at private nonprofit colleges.\nSEC. 2.\nSection 66021.2 of the Education Code is amended to read:\n66021.2.\nConsistent with the state\u2019s historic commitment to provide educational opportunity by ensuring both student access to and selection of an institution of higher education for students with financial need, the long-term policy of the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program established pursuant to Chapter 1.7 (commencing with Section 69430) of Part 42 shall be as follows:\n(a) Commencing with the 2001\u201302 academic year and every year thereafter, an applicant for a Cal Grant A or B award shall receive an award that is not in excess of the financial need amount determined by the Student Aid Commission pursuant to Section 69432.9 if he or she complies with all of the following requirements:\n(1) Demonstrates financial need under the criteria adopted pursuant to Section 69432.9.\n(2) Attains a grade point average, as defined in Section 69432.7, meeting the requirements of Chapter 1.7 (commencing with Section 69430) of Part 42.\n(3) Complies with each of the eligibility criteria applicable to the type of Cal Grant award for which he or she is applying.\n(b) (1) The maximum Cal Grant A award for a student attending the University of California or the California State University shall equal the mandatory systemwide fees in each of those segments.\n(2) The maximum Cal Grant B award for a student to which this subdivision is applicable shall equal the mandatory systemwide fees in the segment attended by the student, except for community college students who receive waivers from the Board of Governors of the California Community Colleges, plus the access award calculated as specified in Article 3 (commencing with Section 69435) of Chapter 1.7 of Part 42, except that in the first year of enrollment in a qualifying institution, the maximum award shall be only for the amount of the access award.\n(c) The maximum Cal Grant awards for students attending nonpublic institutions shall be as follows:\n(1) The maximum Cal Grant A award shall equal the tuition award level established in the Budget Act of 2000, or the amount as adjusted in subsequent annual budget acts.\n(2) The maximum Cal Grant B award shall equal the amount of the tuition award as established in the Budget Act of 2000, or the amount as adjusted in subsequent annual budget acts, plus the amount of the access costs specified in Section 69435, except that, in the first year of enrollment in a qualifying institution, the maximum award shall be only for the amount of the access award.\n(3) Notwithstanding paragraphs (1) and (2), and notwithstanding Section 69432:\n(A) The maximum Cal Grant award for a student attending a private nonprofit postsecondary educational institution shall be set and maintained at 75 percent of the base funding per Cal Grant student at the University of California and the California State University, as determined by the average General Fund support per student at the California State University and the University of California, plus the maximum Cal Grant award at those segments each multiplied by the percentage of California resident full-time equivalent students at both segments who attend the respective segment, except as provided in clauses (i) to (iv), inclusive.\n(i) For the 2015\u201316 award year, the maximum award shall be nine thousand eighty-four dollars ($9,084).\n(ii) For the 2016\u201317 award year, the maximum award shall be 70 percent of the amount calculated pursuant to subparagraph (A).\n(iii) For the 2017\u201318 award year, the maximum award shall be 80 percent of the amount calculated pursuant to subparagraph (A).\n(iv) For the 2018\u201319 award year, the maximum award shall be 90 percent of the amount calculated pursuant to subparagraph (A).\n(v) For the 2019\u201320 award year and each year thereafter, the maximum award shall be 100 percent of the amount calculated pursuant to subparagraph (A).\n(B) As a condition for the funding of Cal Grant maximum awards to its students pursuant to subparagraph (A), a private nonprofit postsecondary educational institution shall submit performance metrics to the Association of Independent California Colleges and Universities. The association, in collaboration with the public segments of higher education, shall determine the form and content of these metrics, to ensure data are defined, collected, and reported in a consistent and comparable manner, and to ensure data integrity. The association shall provide that information in a cumulative report generated by the association to the Legislature, the Governor, the Department of Finance, and the Legislative Analyst\u2019s Office on or before March 15, 2016, and on or before March 15 of each year thereafter. The report shall be submitted to the Legislature in compliance with Section 9795 of the Government Code, and shall include all of the following data with respect to each participating private nonprofit postsecondary educational institution:\n(i) The number of undergraduate students enrolled in that institution.\n(ii) The percentage of undergraduate students of that institution who are California residents.\n(iii) The number of graduate students enrolled in that institution.\n(iv) The number of transfer students from the California Community Colleges enrolled in that institution.\n(v) The percentage of undergraduate students of that institution who are transfer students from the California Community Colleges.\n(vi) The number of Pell Grant recipients enrolled in that institution.\n(vii) The percentage of undergraduate students of that institution who are Pell Grant recipients.\n(viii) The number of Cal Grant recipients enrolled in that institution. With respect to those Cal Grant recipients:\n(I) Their ethnic composition, expressed in percentages.\n(II) The median amount of institutional aid provided to them.\n(ix) The percentage of undergraduate students of that institution who are Cal Grant recipients.\n(x) The four- and six-year graduation rates for freshman entrants of that institution:\n(I) Disaggregated by Pell Grant recipients.\n(II) Disaggregated by Cal Grant recipients.\n(xi) The two- and three-year graduation rates for transfer students from the California Community Colleges:\n(I) Disaggregated by Pell Grant recipients.\n(II) Disaggregated by Cal Grant recipients.\n(xii) The number of degrees awarded annually by the institution in total and in each of the following categories:\n(I) Undergraduate students who first enrolled in the institution as freshmen.\n(II) Undergraduate students who first enrolled in the institution as transfer students.\n(III) Graduate students.\n(IV) Pell Grant recipients.\n(V) The number of degrees or credentials awarded in health-related fields, teacher preparation, and the fields of science, technology, engineering, and mathematics (STEM).\n(C) The collection, reporting, and housing of data for the report prepared pursuant to subparagraph (B) shall be conducted both in a manner that ensures data integrity and security and that is in conformance with any federal and state laws on the confidentiality of student information.\n(d) Commencing with the 2000\u201301 academic year, and each academic year thereafter, the Cal Grant C award shall be utilized only for occupational or technical training.\n(e) Commencing with the 2000\u201301 academic year, and each academic year thereafter, the Cal Grant T award shall be used only for one academic year of full-time attendance in a program of professional preparation that has been approved by the California Commission on Teacher Credentialing.\n(f) An institution of higher education in this state that participates in the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program shall not reduce its level of per capita need-based institutional financial aid to undergraduate students, excluding loans, below the total level awarded in the 2000\u201301 academic year.\n(g) The implementation of the policy set forth in this section shall maintain a balance between the state\u2019s policy goals of ensuring student access to and selection of an institution of higher education for students with financial need and academic merit.\n(h) It is the policy of the State of California that the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program supplement the federal Pell Grant program.\n(i) An award under the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program shall not guarantee admission to an institution of higher education or admission to a specific campus or program.\nSEC. 3.\nSection 69432 of the Education Code is amended to read:\n69432.\n(a) Cal Grant Program awards shall be known as \u201cCal Grant A Entitlement Awards,\u201d \u201cCal Grant B Entitlement Awards,\u201d \u201cCalifornia Community College Transfer Entitlement Awards,\u201d \u201cCompetitive Cal Grant A and B Awards,\u201d \u201cCal Grant C Awards,\u201d and \u201cCal Grant T Awards.\u201d\n(b) Maximum award amounts for students at independent institutions and for Cal Grant C and T awards shall be identified in the annual Budget Act. Maximum award amounts for Cal Grant A and B awards for students attending public institutions shall be referenced in the annual Budget Act.\n(c) (1) Notwithstanding subdivision (b),\nand subdivision (c) of Section 66021.2,\ncommencing with the 2013\u201314 award year, the maximum tuition award amounts for Cal Grant A and B awards for students attending private for-profit and nonprofit postsecondary educational institutions shall be as follows:\n(A) Four thousand dollars ($4,000) for new recipients attending private for-profit postsecondary educational institutions.\n(B) For the 2014\u201315 award year, nine thousand eighty-four dollars ($9,084) for new recipients attending private nonprofit postsecondary educational institutions. For the 2015\u201316 award year and each award year thereafter,\neight thousand fifty-six dollars ($8,056) for new recipients attending private nonprofit postsecondary educational institutions.\nthe amount determined pursuant to paragraph (3) of subdivision (c) of Section 66021.2.\n(2) The renewal award amount for a student whose initial award is subject to a maximum award amount specified in this subdivision shall be calculated pursuant to paragraph (2) of subdivision (a) of Section 69433.\n(3) Notwithstanding subparagraph (A) of paragraph (1),\ncommencing with the 2015\u201316 award year, the maximum tuition award amount for\nnew recipients attending private for-profit postsecondary educational institutions that are accredited by the Western Association of Schools and Colleges as of July 1, 2012, shall\nhave the same maximum tuition award amounts as are set forth in subparagraph (B) of paragraph (1).\nbe eight thousand fifty-six dollars ($8,056).\nSEC. 4.\nThis 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:\nIn order to set the amounts of Cal Grant awards for students who are attending private nonprofit postsecondary educational institutions before the commencement of the 2015\u201316 award year, it is necessary that this act take effect immediately.","title":""}
{"_id":"c111","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 120440 of the Health and Safety Code is amended to read:\n120440.\n(a) For the purposes of this chapter, the following definitions shall apply:\n(1) \u201cHealth care provider\u201d means any person licensed pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code or a clinic or health facility licensed pursuant to Division 2 (commencing with Section 1200).\n(2) \u201cSchools, child care facilities, and family child care homes\u201d means those institutions referred to in subdivision (b) of Section 120335, regardless of whether they directly provide immunizations to patients or clients.\n(3) \u201cWIC service provider\u201d means any public or private nonprofit agency contracting with the department to provide services under the California Special Supplemental Food Program for Women, Infants, and Children, as provided for in Article 2 (commencing with Section 123275) of Chapter 1 of Part 2 of Division 106.\n(4) \u201cHealth care plan\u201d means a health care service plan as defined in subdivision (f) of Section 1345, a government-funded program the purpose of which is paying the costs of health care, or an insurer as described in Sections 10123.5 and 10123.55 of the Insurance Code, regardless of whether the plan directly provides immunizations to patients or clients.\n(5) \u201cCounty welfare department\u201d means a county welfare agency administering the California Work Opportunity and Responsibility to Kids (CalWORKs) program, pursuant to Chapter 2 (commencing with Section 11200.5) of Part 3 of Division 9 of the Welfare and Institutions Code.\n(6) \u201cFoster care agency\u201d means any of the county and state social services agencies providing foster care services in California.\n(7) \u201cTuberculosis screening\u201d means an approved intradermal tuberculin test or any other test for tuberculosis infection that is recommended by the federal Centers for Disease Control and Prevention and licensed by the federal Food and Drug Administration.\n(b) (1) Local health officers may operate immunization information systems pursuant to their authority under Section 120175, in conjunction with the Immunization Branch of the State Department of Public Health. Local health officers and the State Department of Public Health may operate these systems in either or both of the following manners:\n(A) Separately within their individual jurisdictions.\n(B) Jointly among more than one jurisdiction.\n(2) Nothing in this subdivision shall preclude local health officers from sharing the information set forth in paragraphs (1) to\n(10),\n(12),\ninclusive, of subdivision (c) with other health officers jointly operating the system.\n(c) Notwithstanding Sections 49075 and 49076 of the Education Code, Chapter 5 (commencing with Section 10850) of Part 2 of Division 9 of the Welfare and Institutions Code, or any other provision of law, unless a refusal to permit recordsharing is made pursuant to subdivision (e), health care providers, and other agencies, including, but not limited to, schools, child care facilities, service providers for the California Special Supplemental Food Program for Women, Infants, and Children (WIC), health care plans, foster care agencies, and county welfare departments, may disclose the information set forth in paragraphs (1) to\n(10),\n(12),\ninclusive, from the patient\u2019s medical record, or the client\u2019s record, to local health departments operating countywide or regional immunization information and reminder systems and the State Department of Public Health. Local health departments and the State Department of Public Health may disclose the information set forth in paragraphs (1) to\n(10),\n(12),\ninclusive, to each other and, upon a request for information pertaining to a specific person, to health care providers taking care of the patient. Local health departments and the State Department of Public Health may disclose the information in paragraphs (1) to (7), inclusive, and paragraphs (9)\nand (10)\nto (12), inclusive\n, to schools, child care facilities, county welfare departments, and family child care homes to which the person is being admitted or in attendance, foster care agencies in assessing and providing medical care for children in foster care, and WIC service providers providing services to the person, health care plans arranging for immunization services for the patient, and county welfare departments assessing immunization histories of dependents of CalWORKs participants, upon request for information pertaining to a specific person. Determination of benefits based upon immunization of a dependent CalWORKs participant shall be made pursuant to Section 11265.8 of the Welfare and Institutions Code. The following information shall be subject to this subdivision:\n(1) The name of the patient or client and names of the parents or guardians of the patient or client.\n(2) Date of birth of the patient or client.\n(3) Types and dates of immunizations received by the patient or client.\n(4) Manufacturer and lot number for each immunization received.\n(5) Adverse reaction to immunizations received.\n(6) Other nonmedical information necessary to establish the patient\u2019s or client\u2019s unique identity and record.\n(7) Results of tuberculosis screening.\n(8) Current address and telephone number of the patient or client and the parents or guardians of the patient or client.\n(9) Patient\u2019s or client\u2019s gender.\n(10) Patient\u2019s or client\u2019s place of birth.\n(11) Patient\u2019s height, weight, and body mass index.\n(12)\nOther patient or client information of public health importance as determined by the State Department of Public Health in consultation with the California Conference of Local Health Officers.\n(d) (1) Health care providers, local health departments, and the State Department of Public Health shall maintain the confidentiality of information listed in subdivision (c) in the same manner as other medical record information with patient identification that they possess. These providers, departments, and contracting agencies are subject to civil action and criminal penalties for the wrongful disclosure of the information listed in subdivision (c), in accordance with existing law. They shall use the information listed in subdivision (c) only for the following purposes:\n(A) To provide immunization services to the patient or client, including issuing reminder notifications to patients or clients or their parents or guardians when immunizations are due.\n(B) To provide or facilitate provision of third-party payer payments for immunizations.\n(C) To compile and disseminate statistical information of immunization status on groups of patients or clients or populations in California, without identifying information for these patients or clients included in these groups or populations.\n(D) In the case of health care providers only, as authorized by Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code.\n(2) Schools, child care facilities, family child care homes, WIC service providers, foster care agencies, county welfare departments, and health care plans shall maintain the confidentiality of information listed in subdivision (c) in the same manner as other client, patient, and pupil information that they possess. These institutions and providers are subject to civil action and criminal penalties for the wrongful disclosure of the information listed in subdivision (c), in accordance with existing law. They shall use the information listed in subdivision (c) only for those purposes provided in subparagraphs (A) to (D), inclusive, of paragraph (1) and as follows:\n(A) In the case of schools, child care facilities, family child care homes, and county welfare departments, to carry out their responsibilities regarding required immunization for attendance or participation benefits, or both, as described in Chapter 1 (commencing with Section 120325), and in Section 11265.8 of the Welfare and Institutions Code.\n(B) In the case of WIC service providers, to perform immunization status assessments of clients and to refer those clients found to be due or overdue for immunizations to health care providers.\n(C) In the case of health care plans, to facilitate payments to health care providers, to assess the immunization status of their clients, and to tabulate statistical information on the immunization status of groups of patients, without including patient-identifying information in these tabulations.\n(D) In the case of foster care agencies, to perform immunization status assessments of foster children and to assist those foster children found to be due or overdue for immunization in obtaining immunizations from health care providers.\n(e) A patient or a patient\u2019s parent or guardian may refuse to permit recordsharing. The health care provider administering immunization and any other agency possessing any patient or client information listed in subdivision (c), if planning to provide patient or client information to an immunization system, as described in subdivision (b), shall inform the patient or client, or the parent or guardian of the patient or client, of the following:\n(1) The information listed in subdivision (c) may be shared with local health departments and the State Department of Public Health. The health care provider or other agency shall provide the name and address of the State Department of Public Health or of the immunization registry with which the provider or other agency will share the information.\n(2) Any of the information shared with local health departments and the State Department of Public Health shall be treated as confidential medical information and shall be used only to share with each other, and, upon request, with health care providers, schools, child care facilities, family child care homes, WIC service providers, county welfare departments, foster care agencies, and health care plans. These providers, agencies, and institutions shall, in turn, treat the shared information as confidential, and shall use it only as described in subdivision (d).\n(3) The patient or client, or parent or guardian of the patient or client, has the right to examine any immunization-related information or tuberculosis screening results shared in this manner and to correct any errors in it.\n(4) The patient or client, or the parent or guardian of the patient or client, may refuse to allow this information to be shared in the manner described, or to receive immunization reminder notifications at any time, or both. After refusal, the patient\u2019s or client\u2019s physician may maintain access to this information for the purposes of patient care or protecting the public health. After refusal, the local health department and the State Department of Public Health may maintain access to this information for the purpose of protecting the public health pursuant to Sections 100325, 120140, and 120175, as well as Sections 2500 to 2643.20, inclusive, of Title 17 of the California Code of Regulations.\n(f) (1) The health care provider administering the immunization or tuberculosis screening and any other agency possessing any patient or client information listed in subdivision (c), may inform the patient or client, or the parent or guardian of the patient or client, by ordinary mail, of the information in paragraphs (1) to (4), inclusive, of subdivision (e). The mailing must include a reasonable means for refusal, such as a return form or contact telephone number.\n(2) The information in paragraphs (1) to (4), inclusive, of subdivision (e) may also be presented to the parent or guardian of the patient or client during any hospitalization of the patient or client.\n(g) If the patient or client, or parent or guardian of the patient or client, refuses to allow the information to be shared, pursuant to paragraph (4) of subdivision (e), the health care provider or other agency may not share this information in the manner described in subdivision (c), except as provided in subparagraph (D) of paragraph (1) of subdivision (d).\n(h) (1) Upon request of the patient or client, or the parent or guardian of the patient or client, in writing or by other means acceptable to the recipient, a local health department or the State Department of Public Health that has received information about a person pursuant to subdivision (c) shall do all of the following:\n(A) Provide the name and address of other persons or agencies with whom the recipient has shared the information.\n(B) Stop sharing the information in its possession after the date of the receipt of the request.\n(2) After refusal, the patient\u2019s or client\u2019s physician may maintain access to this information for the purposes of patient care or protecting the public health. After refusal, the local health department and the State Department of Public Health may maintain access to this information for the purpose of protecting the public health pursuant to Sections 100325, 120140, and 120175, as well as Sections 2500 to 2643.20, inclusive, of Title 17 of the California Code of Regulations.\n(i) Upon notification, in writing or by other means acceptable to the recipient, of an error in the information, a local health department or the State Department of Public Health that has information about a person pursuant to subdivision (c) shall correct the error. If the recipient is aware of a disagreement about whether an error exists, information to that effect may be included.\n(j) (1) Any party authorized to make medical decisions for a patient or client, including, but not limited to, those authorized by Section 6922, 6926, or 6927 of, Part 1.5 (commencing with Section 6550), Chapter 2 (commencing with Section 6910) of Part 4, or Chapter 1 (commencing with Section 7000) of Part 6, of Division 11 of, the Family Code, Section 1530.6 of the Health and Safety Code, or Sections 727 and 1755.3 of, and Article 6 (commencing with Section 300) of Chapter 2 of Part 1 of Division 2 of, the Welfare and Institutions Code, may permit sharing of the patient\u2019s or client\u2019s record with any of the immunization information systems authorized by this section.\n(2) For a patient or client who is a dependent of a juvenile court, the court or a person or agency designated by the court may permit this recordsharing.\n(3) For a patient or client receiving foster care, a person or persons licensed to provide residential foster care, or having legal custody, may permit this recordsharing.\n(k) For purposes of supporting immunization information systems, the State Department of Public Health shall assist the Immunization Branch of the State Department of Public Health in both of the following:\n(1) Providing department records containing information about publicly funded immunizations.\n(2) Supporting efforts for the reporting of publicly funded immunizations into immunization information systems by health care providers and health care plans.\n(l)  Subject to any other provisions of state and federal law or regulation that limit the disclosure of health information and protect the privacy and confidentiality of personal information, local health departments and the State Department of Public Health may share the information listed in subdivision (c) with a state, local health departments, health care providers, immunization information systems, or any representative of an entity designated by federal or state law or regulation to receive this information. The State Department of Public Health may enter into written agreements to exchange confidential immunization information with other states for the purposes of patient care, protecting the public health, entrance into school, child care and other institutions requiring immunization prior to entry, and the other purposes described in subdivision (d). The written agreement shall provide that the state that receives confidential immunization information must maintain its confidentiality and may only use it for purposes of patient care, protecting the public health, entrance into school, child care and other institutions requiring immunization prior to entry, and the other purposes described in subdivision (d). Information may not be shared pursuant to this subdivision if a patient or client, or parent or guardian of a patient or client, refuses to allow the sharing of immunization information pursuant to subdivision (e).","title":""}
{"_id":"c262","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 2830 of the Public Utilities Code is amended to read:\n2830.\n(a) As used in this section, the following terms have the following meanings:\n(1) \u201cBenefiting account\u201d means an electricity account, or more than one account, that satisfies either of the following:\n(A) The account or accounts are located within the geographical boundaries of a local government or, for a campus, within the geographical boundary of the city, county, or city and county in which the campus is located, with the account or accounts being mutually agreed upon by the local government or campus and an electrical corporation.\n(B) The account or accounts belong to members of a joint powers authority and are located within the geographical boundaries of the group of public agencies that formed the joint powers authority, if the eligible renewable generating facility and electricity account or accounts are wholly located within the confines of a single county within which the joint powers authority is located and electric service is provided by a single electrical corporation, with the account or accounts being mutually agreed upon by the joint powers authority and the electrical corporation.\n(2) \u201cBill credit\u201d means an amount of money credited to a benefiting account that is calculated based upon the time-of-use electricity generation component of the electricity usage charge of the generating account, multiplied by the quantities of electricity generated by an eligible renewable generating facility that are exported to the grid during the corresponding time period. Electricity is exported to the grid if it is generated by an eligible renewable generating facility, is not utilized onsite by the local government, and the electricity flows through the meter site and on to the electrical corporation\u2019s distribution or transmission infrastructure.\n(3) \u201cCampus\u201d means an individual community college campus, individual California State University campus, or individual University of California campus.\n(4) \u201cEligible renewable generating facility\u201d means a generation facility that meets all of the following requirements:\n(A) Has a generating capacity of no more than five megawatts.\n(B) Is an eligible renewable energy resource, as defined in Article 16 (commencing with Section 399.11) of Part 1.\n(C) Is located within the geographical boundary of the local government or, for a campus, within the geographical boundary of the city or city and county, if the campus is located in an incorporated area, or county, if the campus is located in an unincorporated area.\n(D) Is owned by, operated by, or on property under the control of the local government or campus.\n(E) Is sized to offset all or part of the electrical load of the benefiting account. For these purposes, premises that are leased by a local government or campus are under the control of the local government or campus.\n(5) \u201cGenerating account\u201d means the time-of-use electric service account of the local government or campus where the eligible renewable generating facility is located.\n(6) \u201cLocal government\u201d means a city, county, whether general law or chartered, city and county, special district, school district, political subdivision, other local public agency, or a joint powers authority formed pursuant to the Joint Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code) that has as members public agencies located within the same county and same electrical corporation service territory, but shall not mean the state, any agency or department of the state, other than an individual campus of the University of California or the California State University, or any joint powers authority that has as members public agencies located in different counties or different electrical corporation service territories, or that has as a member the federal government, any federal department or agency, this or another state, or any department or agency of this state or another state.\n(b) Subject to the limitation in subdivision (h), a local government may elect to receive electric service pursuant to this section if all of the following conditions are met:\n(1) The local government designates one or more benefiting accounts to receive a bill credit.\n(2) A benefiting account receives service under a time-of-use rate schedule.\n(3) The benefiting account is the responsibility of, and serves property that is owned, operated, or on property under the control of the same local government that owns, operates, or controls the eligible renewable generating facility.\n(4) The electrical output of the eligible renewable generating facility is metered for time of use to allow calculation of the bill credit based upon when the electricity is exported to the grid.\n(5) All costs associated with the metering requirements of paragraphs (2) and (4) are the responsibility of the local government.\n(6) All costs associated with interconnection are the responsibility of the local government. For purposes of this paragraph, \u201cinterconnection\u201d has the same meaning as defined in Section 2803, except that it applies to the interconnection of an eligible renewable generating facility rather than the energy source of a private energy producer.\n(7) The local government does not sell electricity exported to the electrical grid to a third party.\n(8) All electricity exported to the grid by the local government that is generated by the eligible renewable generating facility becomes the property of the electrical corporation to which the facility is interconnected, but shall not be counted toward the electrical corporation\u2019s total retail sales for purposes of Article 16 (commencing with Section 399.11) of Chapter 2.3 of Part 1. Ownership of the renewable energy credits, as defined in Section 399.12, shall be the same as the ownership of the renewable energy credits associated with electricity that is net metered pursuant to Section 2827.\n(9) An electrical corporation shall not be required to compensate a local government for electricity generated from an eligible renewable facility pursuant to this section in excess of the bill credits applied to the designated benefiting account. A local government renewable generation facility participating pursuant to this section shall not be eligible for any other tariff or program that requires an electrical corporation to purchase generation from that facility while participating in the local government renewable energy self-generation program pursuant to this section.\n(c) (1) A benefiting account shall be billed for all electricity usage, and for each bill component, at the rate schedule applicable to the benefiting account, including any cost-responsibility surcharge or other cost recovery mechanism, as determined by the commission, to reimburse the Department of Water Resources for purchases of electricity, pursuant to Division 27 (commencing with Section 80000) of the Water Code.\n(2) The bill shall then subtract the bill credit applicable to the benefiting account. The generation component credited to the benefiting account shall not include the cost-responsibility surcharge or other cost recovery mechanism, as determined by the commission, to reimburse the Department of Water Resources for purchases of electricity, pursuant to Division 27 (commencing with Section 80000) of the Water Code. The electrical corporation shall ensure that the local government receives the full bill credit.\n(3) If, during the billing cycle, the generation component of the electricity usage charges exceeds the bill credit, the benefiting account shall be billed for the difference.\n(4) If, during the billing cycle, the bill credit applied pursuant to paragraph (2) exceeds the generation component of the electricity usage charges, the difference shall be carried forward as a financial credit to the next billing cycle.\n(5) After the electricity usage charge pursuant to paragraph (1) and the credit pursuant to paragraph (2) are determined for the last billing cycle of a 12-month period, any remaining credit resulting from the application of this section shall be reset to zero.\n(d) The commission shall ensure that the transfer of a bill credit to a benefiting account does not result in a shifting of costs to bundled service subscribers. The costs associated with the transfer of a bill credit shall include all billing-related expenses.\n(e) Not more frequently than once per year, and upon providing the electrical corporation with a minimum of 60 days\u2019 notice, the local government may elect to change a benefiting account. Any credit resulting from the application of this section earned prior to the change in a benefiting account that has not been used as of the date of the change in the benefiting account shall be applied, and may only be applied, to a benefiting account as changed.\n(f) A local government shall provide the electrical corporation to which the eligible renewable generating facility will be interconnected with not less than 60 days\u2019 notice prior to the eligible renewable generating facility becoming operational. The electrical corporation shall file an advice letter with the commission that complies with this section not later than 30 days after receipt of the notice proposing a rate tariff for a benefiting account. The commission, within 30 days of the date of filing, shall approve the proposed tariff or specify conforming changes to be made by the electrical corporation to be filed in a new advice letter.\n(g) The local government may terminate its election pursuant to subdivision (b), upon providing the electrical corporation with a minimum of 60 days\u2019 notice. Should the local government sell its interest in the eligible renewable generating facility, or sell the electricity generated by the eligible renewable generating facility, in a manner other than required by this section, upon the date of either event, and the earliest date if both events occur, no further bill credit pursuant to paragraph (3) of subdivision (b) may be earned. Only credit earned prior to that date shall be made to a benefiting account.\n(h) An electrical corporation is not obligated to provide a bill credit to a benefiting account that is not designated by a local government prior to the point in time that the combined statewide cumulative rated generating capacity of all eligible renewable generating facilities within the service territories of the state\u2019s three largest electrical corporations reaches 250 megawatts. Only those eligible renewable generating facilities that are providing bill credits to benefiting accounts pursuant to this section shall count toward reaching this 250-megawatt limitation. Each electrical corporation shall only be required to offer service or contracts under this section until that electrical corporation reaches its proportionate share of the 250-megawatt limitation based on the ratio of its peak demand to the total statewide peak demand of all electrical corporations.\n(i) This chapter does not apply to an electrical corporation with 60,000 or fewer customer accounts.\nSEC. 2.\nNo reimbursement is required by this act pursuant to Section 6 of Article XIII\u2009B 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\u2009B of the California Constitution.","title":""}
{"_id":"c428","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nThe Legislature finds and declares all of the following:\n(a) California has the highest number of older adults compared to any other state in the nation, with 4.2 million individuals over 65 years of age counted in the 2010 census.\n(b) Elderly and dependent adults are seen as easy targets by financial predators who take advantage of their victims\u2019 loneliness, isolation, and vulnerability. This population often falls victim to scams\nsuch as\nincluding\nforeign lotteries, the sale of costly and ineffective annuities, identity theft, reverse mortgage scams, and fraudulent home repairs. Financial abuse is also committed by family members or caregivers who take advantage of an elder\u2019s isolation and dependence.\n(c) A 1998 study reported in the Journal of the American Medical Association found that an elder victimized by financial abuse has a decreased projected lifespan when compared to elders who have not suffered that exploitation.\n(d) The State Department of Social Services reports that as many as 1,600 reports of elder and dependent adult financial abuse are under investigation per month by Adult Protective Services offices statewide.\n(e) The California Victims of Crime Program does not serve this population even though federal law allows Victims of Crime Act funds to be used to do so. Federal guidelines identify elders and dependent adults as being underserved in this area.\n(f) Many states already provide assistance to victims of financial crimes, including Colorado, Florida, Idaho, New Jersey, New York, Oklahoma, Pennsylvania, Vermont, and Wyoming.\n(g) Elderly and dependent adult victims who lack the means to recover or replace misappropriated assets or property often suffer severe consequences including failing health; severe anxiety, depression, and hopelessness; and dependence on public assistance. Research has shown the benefits of mental health and financial counseling in helping these victims remain independent and regain the confidence to take perpetrators to court.\n(h) A pilot program is needed to provide the Legislature with data on the demand for victim services, including mental health and financial counseling, by this population and the costs and outcomes of these services. The collection of this data could further help the state track the types and frequency of financial crimes against elder and dependent adults, identify services that are most needed by victims and the rates at which these services are utilized, and establish best practice protocols for serving these victims.\n(i) The County of San Diego is well-situated to provide victims of elder and dependent adult financial abuse with access to services, including mental health and financial counseling.\nSEC. 2.\nArticle 7 (commencing with Section 13967) is added to Chapter 5 of Part 4 of Division 3 of Title 2 of the Government Code, to read:\nArticle  7. San Diego County Elder or Dependent Adult Financial Abuse Crime Victim Compensation Pilot Program\n13967.\n(a) The San Diego County Elder or Dependent Adult Financial Abuse Crime Victim Compensation Pilot Program is hereby established.\n(b) Notwithstanding Section 13955, and except as otherwise provided in subdivision (c), a person who meets the requirements listed in subdivision (a) of Section 13955, shall be eligible for compensation under subdivision (d) if he or she was a victim of a violation of subdivision (d) or (e) of Section 368 of the Penal Code, and the crime occurred in the County of San Diego.\n(c) A person shall not be eligible for compensation pursuant to subdivision (b) if he or she is a derivative victim and the only crime the victim suffered is elder or dependent adult abuse described in subdivision (d) or (e) of Section 368 of the Penal Code.\n(d) Notwithstanding Section 13957, the board may grant for pecuniary loss, upon appropriation by the Legislature before January 1, 2019, if the board determines it will best aid the person seeking compensation to reimburse the expense of financial counseling, mental health counseling, or supportive services for a victim of a crime described in subdivision (d) or (e) of Section 368 of the Penal Code or financial abuse as defined by Section 15610.30 of the Welfare and Institutions Code, that occurred in the County of San Diego, as follows, up to a total of not more than three thousand dollars ($3,000) per person:\n(1) The cost of not more than 10 sessions of financial counseling provided by a financial counselor, as described in the Victims of Crime Act Victim Compensation Grant Program (66 F.R. 27158-01), or an adviser providing services such as analysis of a victim\u2019s financial situation, including income-producing capacity and crime-related financial obligations, assistance with restructuring budget and debt, assistance in accessing insurance, public assistance, and other benefits, and assistance in completing the financial aspects of victim impact statements.\n(2) The cost of not more than 10 sessions of mental health counseling.\n(e) Compensation pursuant to subdivision (d) shall not exceed an aggregate total of one million dollars ($1,000,000) for all persons compensated pursuant to the San Diego County Elder or Dependent Adult Financial Abuse Crime Victim Compensation Pilot Program.\n(f) This section shall become inoperative on January 1, 2020.\n13967.1.\n(a) On or before July 1, 2020, the California Victim Compensation and Government Claims Board shall report to the Legislature and Governor all of the following:\n(1) The number of victims who received payments pursuant to this article.\n(2) The number of victims who received mental health counseling.\n(3) The average payment for mental health counseling per recipient.\n(4) The number of victims who received financial counseling.\n(5) The average payment for financial counseling per recipient.\n(6) Any other data on the pilot program that the board wishes to include.\n(b) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.\n13967.5.\nThis article shall remain in effect only until January 1, 2021, and as of that date is repealed.\nSEC. 3.\nThe 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 San Diego where a high number of reported elder and dependent adult financial abuse crimes occur. The County of San Diego is well-suited for a pilot program that would allow the Legislature to gather data on the demand for victim services, including mental health and financial counseling, by elderly and dependent adult victims of financial crimes so as to effectively develop policies and resources for this underserved population.\nSEC. 4.\nNo reimbursement is required by this act pursuant to Section 6 of Article XIII\u2009B 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\u2009B of the California Constitution.","title":""}
{"_id":"c1","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\n(a) In submitting this act to the electors, the Legislature finds and declares all of the following:\n(1) The theft of firearms and receipt of stolen firearms pose dangers to public safety that are different in kind from other types of theft or the receipt of other types of stolen property.\n(2) Many handguns have a value of less than $950. The threat to public safety in regard to stolen firearms goes above and beyond the monetary value of the firearm.\n(3) Given the significant and particular threat to public safety in regard to stolen firearms, it is appropriate to restore the penalties that existed prior to the passage of the Safe Neighborhoods and Schools Act\nof 2014\nin regard to stolen firearms.\n(b) It is not the intent of the Legislature in submitting this act to the electors to undermine the\nvoter\u2019s\nvoters\n\u2019\ndecision to decrease penalties for low-level theft and receiving stolen property, only to give the voters the opportunity to decide whether firearm thefts and the receipt of stolen firearms should be subject to penalties that existed prior to the passage of the Safe Neighborhoods and Schools Act.\nSEC. 2.\nSection 490.2 of the Penal Code is amended to read:\n490.2.\n(a) Notwithstanding Section 487 or any other law defining grand theft, except as provided in subdivision (c), obtaining property by theft where the value of the money, labor, real property, or personal property taken does not exceed nine hundred fifty dollars ($950) is petty theft and shall be punished as a misdemeanor, except that the person may instead be punished pursuant to subdivision (h) of Section 1170 if that person has one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 or for an offense requiring registration pursuant to subdivision (c) of Section 290.\n(b) This section does not apply to a theft that may be charged as an infraction pursuant to any other law.\n(c) If the property taken is a firearm, the theft is grand theft in all cases, as specified in paragraph (2) of subdivision (d) of Section 487, and is punishable pursuant to subdivision (a) of Section 489.\nSEC. 3.\nSection 496 of the Penal Code is amended to read:\n496.\n(a) (1)  Every person who buys or receives any property that has been stolen or that has been obtained in any manner constituting theft or extortion, knowing the property to be so stolen or obtained, or who conceals, sells, withholds, or aids in concealing, selling, or withholding any property from the owner, knowing the property to be so stolen or obtained, shall be punished by imprisonment in a county jail for not more than one year, or imprisonment pursuant to subdivision (h) of Section 1170. However, except as provided in subdivision (e), if the value of the property does not exceed nine hundred fifty dollars ($950), the offense is a misdemeanor, punishable only by imprisonment in a county jail not exceeding one year, if the person has no prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 or for an offense requiring registration pursuant to subdivision (c) of Section 290.\n(2) A principal in the actual theft of the property may be convicted pursuant to this section. However, a person may not be convicted both pursuant to this section and of the theft of the same property.\n(b) (1)  Every swap meet vendor, as defined in Section 21661 of the Business and Professions Code, and every person whose principal business is dealing in, or collecting, merchandise or personal property, and every agent, employee, or representative of that person, who buys or receives property of a value in excess of nine hundred fifty dollars ($950) that has been stolen or obtained in any manner constituting theft or extortion, under circumstances that should cause the person, agent, employee, or representative to make reasonable inquiry to ascertain that the person from whom the property was bought or received had the legal right to sell or deliver it, without making a reasonable inquiry, shall be punished by imprisonment in a county jail for not more than one year, or imprisonment pursuant to subdivision (h) of Section 1170.\n(2) Every swap meet vendor, as defined in Section 21661 of the Business and Professions Code, and every person whose principal business is dealing in, or collecting, merchandise or personal property, and every agent, employee, or representative of that person, who buys or receives property of a value of nine hundred fifty dollars ($950) or less that has been stolen or obtained in any manner constituting theft or extortion, under circumstances that should cause the person, agent, employee, or representative to make reasonable inquiry to ascertain that the person from whom the property was bought or received had the legal right to sell or deliver it, without making a reasonable inquiry, shall be guilty of a misdemeanor.\n(c) A person who has been injured by a violation of subdivision (a) or (b) may bring an action for three times the amount of actual damages, if any, sustained by the plaintiff, costs of suit, and reasonable attorney\u2019s fees.\n(d) Notwithstanding Section 664, an attempt to commit any act prohibited by this section, except an offense specified in the accusatory pleading as a misdemeanor, is punishable by imprisonment in a county jail for not more than one year, or by imprisonment pursuant to subdivision (h) of Section 1170.\n(e) Notwithstanding subdivision (a), a person who buys or receives a firearm that has been stolen or that has been obtained in any manner constituting theft or extortion, knowing the property to be so stolen or obtained, or who conceals, sells, withholds, or aids in concealing, selling, or withholding a firearm from the owner, knowing the property to be so stolen or obtained, shall be punished by imprisonment in a county jail for not more than one year, or imprisonment pursuant to subdivision (h) of Section 1170.\nSEC. 4.\n(a) Sections 2 and 3 of this act amend the Safe Neighborhoods and Schools Act, Proposition 47, an initiative statute, and shall become effective only when submitted to and approved by the voters at a statewide election.\n(b) A special election is hereby called, to be held throughout the state on\nJune 7,\nNovember 8,\n2016, for approval by the voters of Sections 2 and 3 of this act. The special election shall be consolidated with the statewide\nprimary\ngeneral\nelection to be held on that date. The consolidated election shall be held and conducted in all respects as if there were only one election, and only one form of ballot shall be used.\n(c) Notwithstanding the requirements of Sections 9040, 9043, 9044, 9061, 9082, and 9094 of the Elections Code, or any other law, the Secretary of State shall submit Sections 2 and 3 of this act to the voters for their approval at the\nJune 7,\nNovember 8,\n2016, statewide\nprimary\ngeneral\nelection.\nSEC. 5.\nThis act calls an election within the meaning of Article IV of the Constitution and shall go into immediate effect.","title":""}
{"_id":"c237","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 23152 of the Vehicle Code is amended to read:\n23152.\n(a) It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle.\n(b) It is unlawful for a person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.\nFor purposes of this article and Section 34501.16, percent, by weight, of alcohol in a person\u2019s blood is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.\nIn any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.\n(c) It is unlawful for a person who is addicted to the use of any drug to drive a vehicle. This subdivision shall not apply to a person who is participating in a narcotic treatment program approved pursuant to Article 3 (commencing with Section 11875) of Chapter 1 of Part 3 of Division 10.5 of the Health and Safety Code.\n(d) It is unlawful for a person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle, as defined in Section 15210. In a prosecution under this subdivision, it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.\n(e) Commencing July 1, 2018, it shall be unlawful for a person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a motor vehicle when a passenger for hire is a passenger in the vehicle at the time of the offense. For purposes of this subdivision, \u201cpassenger for hire\u201d means a passenger for whom consideration is contributed or expected as a condition of carriage in the vehicle, whether directly or indirectly flowing to the owner, operator, agent, or any other person having an interest in the vehicle. In a prosecution under this subdivision, it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.\n(f) It is unlawful for a person who is under the influence of any drug to drive a vehicle.\n(g) It is unlawful for a person who is under the combined influence of any alcoholic beverage and drug to drive a vehicle.\nSEC. 2.\nSection 23153 of the Vehicle Code is amended to read:\n23153.\n(a) It is unlawful for a person, while under the influence of any alcoholic beverage, to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.\n(b) It is unlawful for a person, while having 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.\nIn any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after driving.\n(c) In proving the person neglected any duty imposed by law in driving the vehicle, it is not necessary to prove that any specific section of this code was violated.\n(d) It is unlawful for a person, while having 0.04 percent or more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle, as defined in Section 15210 and concurrently to do any act forbidden by law or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver. In a prosecution under this subdivision, it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of performance of a chemical test within three hours after driving.\n(e) Commencing July 1, 2018, it shall be unlawful for a person, while having 0.04 percent or more, by weight, of alcohol in his or her blood to drive a motor vehicle when a passenger for hire is a passenger in the vehicle at the time of the offense, and concurrently to do any act forbidden by law or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver. For purposes of this subdivision, \u201cpassenger for hire\u201d means a passenger for whom consideration is contributed or expected as a condition of carriage in the vehicle, whether directly or indirectly flowing to the owner, operator, agent, or any other person having an interest in the vehicle. In a prosecution under this subdivision, it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of performance of a chemical test within three hours after driving.\n(f) It is unlawful for a person, while under the influence of any drug, to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.\n(g) It is unlawful for a person, while under the combined influence of any alcoholic beverage and drug, to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.\nSEC. 3.\nNo reimbursement is required by this act pursuant to Section 6 of Article XIII\u2009B 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\u2009B of the California Constitution.","title":""}
{"_id":"c194","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 18904.25 of the Welfare and Institutions Code is amended to read:\n18904.25.\n(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.\n(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.\n(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.\nSEC. 2.\nSection 18914.5 is added to the Welfare and Institutions Code, to read:\n18914.5.\n(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.\n(b) For purposes of this section, \u201cshelter for battered women and children\u201d has the same meaning as provided in Section 271.2 of Title 7 of the Code of Federal Regulations.\nSEC. 3.\nSection 18926.5 of the Welfare and Institutions Code is amended to read:\n18926.5.\n(a) For the purposes of this chapter, \u201cCalFresh Employment and Training program\u201d or \u201cCalFresh E&T\u201d 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.\n(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.\n(2) For purposes of this section, \u201cdeferred\u201d has the same meaning as exempt.\n(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:\n(A) Self-initiated workfare.\n(B) Work experience or training.\n(C) Education.\n(D) Job search.\n(E) The support services or client reimbursements needed to participate in subparagraphs (A) to (D), inclusive, as allowed by federal law and guidance.\n(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.\n(d) Nothing in this section shall limit a county\u2019s ability to condition the receipt of nonmedical benefits under Section 17000 on an individual\u2019s participation in an employment and training or workfare program of the county\u2019s choice, even if that program is financed in whole or in part with CalFresh E&T funds or match funds.\n(e) Nothing in this section shall restrict the use of federal funds for the financing of CalFresh E&T programs.\n(f) Nothing in this section shall be construed to require a county to provide for workers\u2019 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\u2019 compensation coverage, and a county shall have no duty to provide workers\u2019 compensation coverage for a CalFresh E&T participant.\n(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.\nSEC. 4.\nIf 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.","title":""}
{"_id":"c355","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 6027 of the Penal Code is amended to read:\n6027.\n(a) It shall be the duty of the Board of State and Community Corrections to collect and maintain available information and data about state and community correctional policies, practices, capacities, and needs, including, but not limited to, prevention, intervention, suppression, supervision, and incapacitation, as they relate to both adult corrections, juvenile justice, and gang problems. The board shall seek to collect and make publicly available up-to-date data and information reflecting the impact of state and community correctional, juvenile justice, and gang-related policies and practices enacted in the state, as well as information and data concerning promising and evidence-based practices from other jurisdictions.\n(b) Consistent with subdivision (c) of Section 6024, the board shall also:\n(1) Develop recommendations for the improvement of criminal justice and delinquency and gang prevention activity throughout the state.\n(2) Identify, promote, and provide technical assistance relating to evidence-based programs, practices, and promising and innovative projects consistent with the mission of the board.\n(3) Develop definitions of key terms, including, but not limited to, \u201crecidivism,\u201d \u201caverage daily population,\u201d \u201ctreatment program completion rates,\u201d and any other terms deemed relevant in order to facilitate consistency in local data collection, evaluation, and implementation of evidence-based practices, promising evidence-based practices, and evidence-based programs. In developing these definitions, the board shall consult with the following stakeholders and experts:\n(A) A county supervisor or county administrative officer, selected after conferring with the California State Association of Counties.\n(B) A county sheriff, selected after conferring with the California State Sheriffs\u2019 Association.\n(C) A chief probation officer, selected after conferring with the Chief Probation Officers of California.\n(D) A district attorney, selected after conferring with the California District Attorneys Association.\n(E) A public defender, selected after conferring with the California Public Defenders Association.\n(F) The Secretary of the Department of Corrections and Rehabilitation.\n(G) A representative from the Administrative Office of the Courts.\n(H) A representative from a nonpartisan, nonprofit policy institute with experience and involvement in research and data relating to California\u2019s criminal justice system.\n(I) A representative from a nonprofit agency providing comprehensive reentry services.\n(4) Receive and disburse federal funds, and perform all necessary and appropriate services in the performance of its duties as established by federal acts.\n(5) Develop comprehensive, unified, and orderly procedures to ensure that applications for grants are processed fairly, efficiently, and in a manner consistent with the mission of the board.\n(6) Identify delinquency and gang intervention and prevention grants that have the same or similar program purpose, are allocated to the same entities, serve the same target populations, and have the same desired outcomes for the purpose of consolidating grant funds and programs and moving toward a unified single delinquency intervention and prevention grant application process in adherence with all applicable federal guidelines and mandates.\n(7) Cooperate with and render technical assistance to the Legislature, state agencies, units of general local government, combinations of those units, or other public or private agencies, organizations, or institutions in matters relating to criminal justice and delinquency prevention.\n(8) Develop incentives for units of local government to develop comprehensive regional partnerships whereby adjacent jurisdictions pool grant funds in order to deliver services, such as job training and employment opportunities, to a broader target population, including at-risk youth, and maximize the impact of state funds at the local level.\n(9) Conduct evaluation studies of the programs and activities assisted by the federal acts.\n(10) Identify and evaluate state, local, and federal gang and youth violence suppression, intervention, and prevention programs and strategies, along with funding for those efforts. The board shall assess and make recommendations for the coordination of the state\u2019s programs, strategies, and funding that address gang and youth violence in a manner that maximizes the effectiveness and coordination of those programs, strategies, and resources. By January 1, 2014, the board shall develop funding allocation policies to ensure that within three years no less than 70 percent of funding for gang and youth violence suppression, intervention, and prevention programs and strategies is used in programs that utilize promising and proven evidence-based principles and practices. The board shall communicate with local agencies and programs in an effort to promote the best evidence-based principles and practices for addressing gang and youth violence through suppression, intervention, and prevention.\n(11) The board shall collect from each county the plan submitted pursuant to Section 1230.1 within two months of adoption by the county boards of supervisors. Commencing January 1, 2013, and annually thereafter, the board shall collect and analyze available data regarding the implementation of the local plans and other outcome-based measures, as defined by the board in consultation with the Administrative Office of the Courts, the Chief Probation Officers of California, and the California State Sheriffs\u2019 Association. By July 1, 2013, and annually thereafter, the board shall provide to the Governor and the Legislature a report on the implementation of the plans described above.\n(12) Commencing on and after July 1, 2012, the board, in consultation with the Administrative Office of the Courts, the California State Association of Counties, the California State Sheriffs\u2019 Association, and the Chief Probation Officers of California, shall support the development and implementation of first phase baseline and ongoing data collection instruments to reflect the local impact of Chapter 15 of the Statutes of 2011, specifically related to dispositions for felony offenders and postrelease community supervision. The board shall make any data collected pursuant to this paragraph available on the board\u2019s Internet Web site. It is the intent of the Legislature that the board promote collaboration and the reduction of duplication of data collection and reporting efforts where possible.\n(13) Commencing on and after July 1, 2017, the board, in consultation with the Administrative Office of the Courts, the California District Attorneys Association, the California State Association of Counties, the California State Sheriffs\u2019 Association, and the Chief Probation Officers of California, shall collect and analyze data regarding recidivism rates of all persons who receive a sentence pursuant to paragraph (2) or (5) of subdivision (h) of Section 1170 or who are placed on postrelease community supervision on or after July 1, 2017. The data shall include, as it becomes available, recidivism rates for these offenders one, two, and three years after their release in the community. The board shall make any data collected pursuant to this paragraph available on the board\u2019s Internet Web site on a quarterly basis beginning on September 1, 2018. As used in this paragraph, the term \u201crecidivism\u201d shall have the same meaning as the definition of the term developed pursuant to paragraph (3).\n(c) The board may do either of the following:\n(1) Collect, evaluate, publish, and disseminate statistics and other information on the condition and progress of criminal justice in the state.\n(2) Perform other functions and duties as required by federal acts, rules, regulations, or guidelines in acting as the administrative office of the state planning agency for distribution of federal grants.\n(d) Nothing in this chapter shall be construed to include, in the provisions set forth in this section, funds already designated to the Local Revenue Fund 2011 pursuant to Section 30025 of the Government Code.","title":""}
{"_id":"c35","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nArticle 7.5 (commencing with Section 8239.5) is added to Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code, to read:\nArticle  7.5. California Preschool Investment Pilot Program\n8239.5.\nThe Legislature finds and declares that by providing an additional source of funding, the state can expand the number of preschool slots and the number of subsidies provided to help reduce the waitlist for parents seeking prekindergarten child care assistance.\n8239.6.\nFor purposes of this article, the following terms have the following meanings:\n(a) \u201cDepartment\u201d means the State Department of Education.\n(b) \u201cFund\u201d means the California Preschool Investment Fund.\n(c) \u201cPerson\u201d means an individual, partnership, corporation, limited liability company, association, or other group, however organized.\n(d) \u201cProgram\u201d means the five-county investor funded preschool pilot program.\n8239.7.\n(a)\nNo later than\nOn or before\nJune 1, 2016, a county may apply to the department for consideration of inclusion in the program. For purposes of this section, a county\u2019s local child care and development planning council, established pursuant to Chapter 2.3 (commencing with Section 8499), shall be responsible for making the application authorized pursuant to this section.\n(b)\nNo later than\nOn or before\nSeptember 1, 2016, the department shall determine, pursuant to subdivision (c), the five counties that shall be included in the program. When making this determination, the department shall ensure that urban, suburban, and rural counties are represented in the program.\n(c) The department shall make the determination of which five counties shall be included in the program by giving priority to counties that meet any of the following factors:\n(1) The length of the county\u2019s waitlist of individuals seeking public child care assistance.\n(2) The ability to increase the number of preschool slots available to children in the county.\n(3) Whether the county received federal Race to the Top funds, authorized under the federal American Recovery and Reinvestment Act of 2009 (Public Law 111-5), with favorable consideration going to the counties that received the funds.\n8239.8.\n(a) (1) The department may accept monetary contributions made by a person for funding the purposes of this article. The California Preschool Investment Fund is hereby created in the State Treasury to receive any monetary contributions made pursuant to this article.\n(2) (A) The department shall establish a procedure for a person to make monetary contributions to the fund and for a person to obtain from the department a receipt that indicates the amount of monetary contributions made by that person. The receipt shall also contain, at minimum, the date the monetary contribution was made, the name of the person who made the contribution, the amount of the monetary contribution, and whether the person has or has not been allocated a tax credit pursuant to Section 17053.87 or 23687 of the Revenue and Taxation Code.\n(B) Subject to the annual cap as provided in subdivision (f) of Sections 17053.87 and 23687 of the Revenue and Taxation Code, the department shall allocate credits to contributors on a first-come-first-served basis.\n(C) The department shall notify the Franchise Tax Board of the credits allocated on at least a monthly basis, and the Franchise Tax Board and the department shall place this information on their respective Internet Web sites together with information as to the amount of remaining credits, at least every calendar quarter, including information as to whether the cap described in subdivision (f) of Sections 17053.87 and 23687 of the Revenue and Taxation Code may be reached by the end of the calendar quarter.\n(3) Moneys in the fund shall be allocated as follows:\n(A) First, moneys in the fund shall be transferred to the General Fund in an amount equal to the aggregate amount of certified credits allowed pursuant to Sections 17053.87 and 23687 of the Revenue and Taxation Code for the taxable year.\n(B) Second, upon appropriation:\n(i) To the Franchise Tax Board and the department for reimbursement of all administrative costs incurred by those agencies in connection with their duties under this article.\n(ii) To the department for the purposes of this article, as provided in subdivision (b).\n(b) The moneys appropriated to the department pursuant to clause (ii) of subparagraph (B) of paragraph (3) of subdivision (a) shall be used to fund the California state preschool programs, pursuant to Article 7 (commencing with 8235). The moneys shall only be used to support state preschools located in one of the five counties participating in the program.\n8239.9.\nA county selected to participate in the program pursuant to Section 8239.7 shall annually report to the department\u2019s Early Education & Support Division. The report shall contain the county\u2019s assessment of how the program is performing.\n8239.10.\n(a) This article shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date.\n(b) Any moneys remaining in the fund as of January 1, 2021, shall be transferred to any other state fund identified by the department that provides funding for increased access to preschool programs for low-income children.\nSEC. 2.\nSection 41202 of the Education Code is amended to read:\n41202.\nThe words and phrases set forth in subdivision (b) of Section 8 of Article XVI of the Constitution of the State of California shall have the following meanings:\n(a) \u201cMoneys to be applied by the State,\u201d as used in subdivision (b) of Section 8 of Article XVI of the California Constitution, means appropriations from the General Fund that are made for allocation to school districts, as defined, or community college districts. An appropriation that is withheld, impounded, or made without provisions for its allocation to school districts or community college districts shall not be considered to be \u201cmoneys to be applied by the State.\u201d\n(b)  (1) \u201cGeneral Fund revenues which may be appropriated pursuant to Article XIII\u2009B,\u201d as used in paragraph (1) of subdivision (b) of Section 8 of Article XVI of the California Constitution, means General Fund revenues that are the proceeds of taxes as defined by subdivision (c) of Section 8 of Article XIII\u2009B of the California Constitution, including, for the 1986\u201387 fiscal year only, any revenues that are determined to be in excess of the appropriations limit established pursuant to Article XIII\u2009B of the California Constitution for the fiscal year in which they are received. General Fund revenues for a fiscal year to which paragraph (1) of subdivision (b) is being applied shall include, in that computation, only General Fund revenues for that fiscal year that are the proceeds of taxes, as defined in subdivision (c) of Section 8 of Article XIII\u2009B of the California Constitution, and shall not include prior fiscal year revenues. Commencing with the 1995\u201396 fiscal year, and each fiscal year thereafter, \u201cGeneral Fund revenues that are the proceeds of taxes,\u201d as defined in subdivision (c) of Section 8 of Article XIII\u2009B of the California Constitution, includes any portion of the proceeds of taxes received from the state sales tax that are transferred to the counties pursuant to, and only if, legislation is enacted during the 1995\u201396 fiscal year the purpose of which is to realign children\u2019s programs. The amount of the proceeds of taxes shall be computed for any fiscal year in a manner consistent with the manner in which the amount of the proceeds of taxes was computed by the Department of Finance for purposes of the Governor\u2019s Budget for the Budget Act of 1986.\n(2) (A) For purposes of calculating the moneys to be applied by the state, as used in subdivision (b) of Section 8 of Article XVI of the California Constitution, the \u201cGeneral Fund revenues that are the proceeds of taxes,\u201d as defined in subdivision (c) of Section 8 of Article XIII \u2009 B of the California Constitution, shall include the total annual amount of credit claimed pursuant to Sections 17053.87 and 23687 of the Revenue and Taxation Code as though they were proceeds of taxes.\n(B) This paragraph shall become inoperative on January 1, 2021.\n(c) \u201cGeneral Fund revenues appropriated for school districts,\u201d as used in paragraph (1) of subdivision (b) of Section 8 of Article XVI of the California Constitution, means the sum of appropriations made that are for allocation to school districts, as defined in Section 41302.5, regardless of whether those appropriations were made from the General Fund to the Superintendent, to the Controller, or to any other fund or state agency for the purpose of allocation to school districts. The full amount of any appropriation shall be included in the calculation of the percentage required by paragraph (1) of subdivision (b) of Article XVI of the California Constitution, without regard to any unexpended balance of any appropriation. Any reappropriation of funds appropriated in any prior year shall not be included in the sum of appropriations.\n(d) \u201cGeneral Fund revenues appropriated for community college districts,\u201d as used in paragraph (1) of subdivision (b) of Section 8 of Article XVI of the California Constitution, means the sum of appropriations made that are for allocation to community college districts, regardless of whether those appropriations were made from the General Fund to the Controller, to the Chancellor of the California Community Colleges, or to any other fund or state agency for the purpose of allocation to community college districts. The full amount of any appropriation shall be included in the calculation of the percentage required by paragraph (1) of subdivision (b) of Article XVI of the California Constitution, without regard to any unexpended balance of any appropriation. Any reappropriation of funds appropriated in any prior year shall not be included in the sum of appropriations.\n(e) \u201cTotal allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII\u2009B,\u201d as used in paragraph (2) or (3) of subdivision (b) of Section 8 of Article XVI of the California Constitution, means the sum of appropriations made that are for allocation to school districts, as defined in Section 41302.5, and community college districts, regardless of whether those appropriations were made from the General Fund to the Controller, to the Superintendent, to the Chancellor of the California Community Colleges, or to any other fund or state agency for the purpose of allocation to school districts and community college districts. The full amount of any appropriation shall be included in the calculation of the percentage required by paragraph (2) or (3) of subdivision (b) of Section 8 of Article XVI of the California Constitution, without regard to any unexpended balance of any appropriation. Any reappropriation of funds appropriated in any prior year shall not be included in the sum of appropriations.\n(f) \u201cGeneral Fund revenues appropriated for school districts and community college districts, respectively\u201d and \u201cmoneys to be applied by the state for the support of school districts and community college districts,\u201d as used in Section 8 of Article XVI of the California Constitution, shall include funds appropriated for part-day California state preschool programs under Article 7 (commencing with Section 8235) of Chapter 2 of Part 6 of Division 1 of Title 1, and the After School Education and Safety Program established pursuant to Article 22.5 (commencing with Section 8482) of Chapter 2 of Part 6 of Division 1 of Title 1, and shall not include any of the following:\n(1) Any appropriation that is not made for allocation to a school district, as defined in Section 41302.5, or to a community college district, regardless of whether the appropriation is made for any purpose that may be considered to be for the benefit to a school district, as defined in Section 41302.5, or a community college district. This paragraph shall not be construed to exclude any funding appropriated for part-day California state preschool programs under Article 7 (commencing with Section 8235) of Chapter 2 of Part 6 of Division 1 of Title 1 or the After School Education and Safety Program established pursuant to Article 22.5 (commencing with Section 8482) of Chapter 2 of Part 6 of Division 1 of Title 1.\n(2) Any appropriation made to the Teachers\u2019 Retirement Fund or to the Public Employees\u2019 Retirement Fund except those appropriations for reimbursable state mandates imposed on or before January 1, 1988.\n(3) Any appropriation made to service any public debt approved by the voters of this state.\n(4) With the exception of the programs identified in paragraph (1), commencing with the 2011\u201312 fiscal year, any funds appropriated for the Child Care and Development Services Act, pursuant to Chapter 2 (commencing with Section 8200) of Part 6 of Division 1 of Title 1.\n(g) \u201cAllocated local proceeds of taxes,\u201d as used in paragraph (2) or (3) of subdivision (b) of Section 8 of Article XVI of the California Constitution, means, for school districts as defined, those local revenues, except revenues identified pursuant to paragraph (5) of subdivision (j) of Section 42238.02, that are used to offset state aid for school districts in calculations performed pursuant to Sections 2575, 42238.02, and Chapter 7.2 (commencing with Section 56836) of Part 30.\n(h) \u201cAllocated local proceeds of taxes,\u201d as used in paragraph (2) or (3) of subdivision (b) of Section 8 of Article XVI of the California Constitution, means, for community college districts, those local revenues that are used to offset state aid for community college districts. In no event shall the revenues or receipts derived from student fees be considered \u201callocated local proceeds of taxes.\u201d\n(i) For purposes of calculating the 4-percent entitlement pursuant to subdivision (a) of Section 8.5 of Article XVI of the California Constitution, \u201cthe total amount required pursuant to Section 8(b)\u201d shall mean the General Fund aid required for schools pursuant to subdivision (b) of Section 8 of Article XVI of the California Constitution, and shall not include allocated local proceeds of taxes.\nSEC. 3.\nSection 17053.87 is added to the Revenue and Taxation Code, to read:\n17053.87.\n(a) For taxable years beginning on or after January 1, 2016, and before January 1, 2020, there shall be allowed as a credit against the \u201cnet tax,\u201d as defined in Section 17039, an amount equal to 40 percent of the amount contributed by the taxpayer during the taxable year to the California Preschool Investment Fund, created by Section 8239.8 of the Education Code.\n(b) A credit shall only be allowed if the taxpayer has received a receipt from the State Department of Education pursuant to Section 8239.8 of the Education Code that indicates that the taxpayer has made a contribution to the California Preschool Investment Fund and that a credit would be allowed under this section. The taxpayer shall provide the receipt upon request to the Franchise Tax Board.\n(c) (1) In the case where the credit allowed by this section exceeds the \u201cnet tax,\u201d the excess may be carried over to reduce the \u201cnet tax\u201d in the following year, and succeeding four years if necessary, until the credit is exhausted.\n(2) A deduction otherwise allowed under this part for any amount contributed by the taxpayer upon which the credit is based shall be reduced by the amount of the credit allowed in subdivision (a).\n(d) Credit under this section shall be allowed only for credits claimed on a timely filed original return of the taxpayer.\n(e) (1) The Franchise Tax Board may prescribe rules, guidelines, or procedures necessary or appropriate to carry out the purposes of this section.\n(2) Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to any standard, criterion, procedure, determination, rule, notice, or guideline established or issued by the Franchise Tax Board pursuant to this section.\n(f) The aggregate amount of credit that may be allowed pursuant to this section and Section 23687 shall not exceed two hundred fifty million dollars ($250,000,000) for each calendar year.\n(g) This section is repealed on December 1, 2020.\nSEC. 4.\nSection 23687 is added to the Revenue and Taxation Code, to read:\n23687.\n(a) For taxable years beginning on or after January 1, 2016, and before January 1, 2020, there shall be allowed as a credit against the \u201ctax,\u201d as defined in Section 23036, an amount equal to 40 percent of the amount contributed by the taxpayer during the taxable year to the California Preschool Investment Fund, created by Section 8239.8 of the Education Code.\n(b) A credit shall only be allowed if the taxpayer has received a receipt from the State Department of Education pursuant to Section 8239.8 of the Education Code that indicates that the taxpayer has made a contribution to the California Preschool Investment Fund and that a credit would be allowed under this section. The taxpayer shall provide the receipt upon request to the Franchise Tax Board.\n(c) (1) In the case where the credit allowed by this section exceeds the \u201ctax,\u201d the excess may be carried over to reduce the \u201ctax\u201d in the following year, and succeeding four years if necessary, until the credit is exhausted.\n(2) A deduction otherwise allowed under this part for any amount contributed by the taxpayer upon which the credit is based shall be reduced by the amount of the credit allowed in subdivision (a).\n(d) Credit under this section shall be allowed only for credits claimed on a timely filed original return of the taxpayer.\n(e) (1) The Franchise Tax Board may prescribe rules, guidelines, or procedures necessary or appropriate to carry out the purposes of this section.\n(2) Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to any standard, criterion, procedure, determination, rule, notice, or guideline established or issued by the Franchise Tax Board pursuant to this section.\n(f) The aggregate amount of credit that may be allowed pursuant to this section and Section 17053.87 shall not exceed two hundred fifty million dollars ($250,000,000) for each calendar year.\n(g) This section is repealed on December 1, 2020.","title":""}
{"_id":"c354","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 60200 of the Education Code is amended to read:\n60200.\nThe state board shall adopt basic instructional materials for use in kindergarten and grades 1 to 8, inclusive, for governing boards, subject to the following provisions:\n(a) The state board shall adopt at least five basic instructional materials for all applicable grade levels in each of the following subject areas:\n(1) Language arts, including, but not limited to, spelling, reading, and English language development. The state board may not adopt basic instructional materials in this subject area or the subject area specified by paragraph (2) in the year succeeding the year in which the state board adopts basic instructional materials in this subject area for the same grade level.\n(2) Mathematics. The state board may not adopt basic instructional materials in this subject area or the subject area specified by paragraph (1) in the year succeeding the year in which the state board adopts basic instructional materials in this subject area for the same grade level.\n(3) Science.\n(4) Social science.\n(5) Bilingual or bicultural subjects.\n(6) Any other subject, discipline, or interdisciplinary areas for which the state board determines the adoption of instructional materials to be necessary or desirable.\n(b) The state board shall adopt procedures for the submission of basic instructional materials in order to comply with each of the following:\n(1) Instructional materials may be submitted for adoption in any of the subject areas pursuant to paragraphs (1) to (6), inclusive, of subdivision (a) at least once but not more than twice every eight years. The state board shall ensure that curriculum frameworks are reviewed and adopted in each subject area and that the criteria for evaluating instructional materials developed pursuant to subdivision (b) of Section 60204 are consistent with subdivision (c). The state board may prescribe reasonable conditions to restrict the resubmission of materials that have been previously rejected if those resubmitted materials have no substantive changes.\n(2) If a publisher or manufacturer submits revisions to currently adopted instructional material for review after the timeframe specified by the state board, the department shall assess a fee on the submitting publisher or manufacturer in an amount that shall not exceed the reasonable costs to the department to conduct a review of the instructional material pursuant to this section.\n(3) Submitted instructional materials shall be adopted or rejected within six months of the submission date of the materials pursuant to paragraph (1) unless the state board determines that a longer period of time, not to exceed an additional three months, is necessary due to the estimated volume or complexity of the materials for that subject in that year, or due to other circumstances beyond the reasonable control of the state board.\n(4) The process for review of instructional materials shall involve review committees, which shall include, but not be limited to, volunteer content experts and instructional material reviewers, and shall be composed of a majority of classroom teachers from a wide variety of affected grade levels and subject areas.\n(5) The rules and procedures for adoption of instructional materials shall be transparent and consistently applicable regardless of the format of the instructional materials, which may include, but not be limited to, print, digital, and open-source instructional materials.\n(c) In reviewing and adopting or recommending for adoption submitted basic instructional materials, the state board shall use the following criteria, and ensure that, in its judgment, the submitted basic instructional materials meet all of the following criteria:\n(1) Are consistent with the criteria and the standards of quality prescribed in the state board\u2019s adopted curriculum framework. In making this determination, the state board shall consider both the framework and the submitted instructional materials as a whole.\n(2) Comply with the requirements of Sections 60040, 60041, 60042, 60043, 60044, 60048, 60200.5, and 60200.6, and the state board\u2019s guidelines for social content.\n(3) Are factually accurate and incorporate principles of instruction reflective of current and confirmed research.\n(4) Are aligned to the content standards adopted by the state board in the subject area and the grade level or levels for which they are submitted.\n(5) Do not contain materials, including illustrations, that provide unnecessary exposure to a commercial brand name, product, or corporate or company logo. Materials, including illustrations, that contain a commercial brand name, product, or corporate or company logo may not be used unless the state board determines that the use of the commercial brand name, product, or corporate or company logo is appropriate based on one of the following specific findings:\n(A) If text, the use of the commercial brand name, product, or corporate or company logo in the instructional materials is necessary for an educational purpose, as defined in the guidelines or frameworks adopted by the state board.\n(B) If an illustration, the appearance of a commercial brand name, product, or corporate or company logo in an illustration in instructional materials is incidental to the general nature of the illustration.\n(6) Meet other criteria as are established by the state board as being necessary to accomplish the intent of Section 7.5 of Article IX of the California Constitution and of Section 1 of Chapter 1181 of the Statutes of 1989, provided that the criteria are approved by resolution at the time the resolution adopting the framework for the current adoption is approved, or at least 12 months before the date that the materials are to be approved for adoption.\n(d) If basic instructional materials are rejected, the state board shall provide a specific, written explanation of the reasons why the submitted materials were not adopted, based on one or more of the criteria established under subdivision (c). In providing this explanation, the state board may use, in whole or in part, materials written by the Superintendent or any other advisers to the state board.\n(e) The state board may adopt fewer than five basic instructional materials in each subject area for each grade level if either of the following occurs:\n(1) Fewer than five basic instructional materials are submitted.\n(2) The state board specifically finds that fewer than five basic instructional materials meet the criteria prescribed by paragraphs (1) to (5), inclusive, of subdivision (c), or the materials fail to meet the state board\u2019s adopted curriculum framework. If the state board adopts fewer than five basic instructional materials in any subject for any grade level, the state board shall conduct a review of the degree to which the criteria and procedures used to evaluate the submitted materials for that adoption were consistent with the state board\u2019s adopted curriculum framework.\n(f) This section does not limit the authority of the state board to adopt materials that are not basic instructional materials.\n(g) Consistent with the quality criteria for the state board\u2019s adopted curriculum framework, the state board shall prescribe procedures to provide the most open and flexible materials submission system and ensure that the adopted materials in each subject, taken as a whole, provide for the educational needs of the diverse pupil populations in the public schools, provide collections of instructional materials that illustrate diverse points of view, represent cultural pluralism, and provide a broad spectrum of knowledge, information, and technology-based materials to meet the goals of the program and the needs of pupils.\n(h) Upon making an adoption, the state board shall make available to listed publishers and manufacturers and all school interests a listing of instructional materials, including the most current unit cost of those materials as computed pursuant to existing law. Items placed upon lists shall remain thereon, and be available for procurement through the state\u2019s systems of financing, from the date of the adoption of the item and until a date established by the state board. The date established by the state board for continuing items on that list shall be the date on which the state board adopts instructional materials based on a new or revised curriculum framework. Lists of adopted instructional materials shall be made available by subject and grade level to school districts and posted on the department\u2019s Internet Web site, and shall include information from the reports of findings from the review committees pursuant to paragraph publisher of instructional materials from including whatever corporate name or logo on the instructional materials that is necessary to provide basic information about the publisher, to protect its copyright, or to identify third-party sources of content.\n(n) The state board may adopt regulations that provide for other exceptions to this section, as determined by the state board.\n(o) The Superintendent shall develop, and the state board shall adopt, guidelines to implement this section.\nSEC. 2.\nSection 60227 is added to the Education Code, to read:\n60227.\n(a) For purposes of this section, a followup adoption is any adoption other than the primary adoption that occurs within the eight-year cycle established pursuant to subdivision (b) of Section 60200.\n(b) Before conducting a followup adoption in a given subject area, the department shall post an appropriate notice on the department\u2019s Internet Web site pursuant to subdivision (c) and notify all publishers or manufacturers known to produce basic instructional materials in that subject area.\n(c) The notice shall specify that each publisher or manufacturer choosing to participate in the followup adoption shall be assessed a fee based on the number of programs the publisher or manufacturer indicates will be submitted for review and the number of grade levels proposed to be covered by each program.\n(d) The fee shall offset the cost of conducting the followup adoption process and shall reflect the department\u2019s best estimate of the cost. The department shall take reasonable steps to limit costs of the followup adoption and to keep the fee modest, recognizing that some of the work necessary for the primary adoption need not be duplicated.\n(e) The department, before incurring substantial costs for the followup adoption, shall require that a publisher or manufacturer who wishes to participate in the followup adoption first declare the intent to submit one or more specific programs for the followup adoption and specify the specific grade levels to be covered by each program. After a publisher or manufacturer has declared the intent to submit one or more programs and the grade levels to be covered by each program, the department shall assess a fee. The fee shall be payable by the publisher or manufacturer even if the publisher or manufacturer subsequently chooses to withdraw a program or reduce the number of grade levels covered. A submission by a publisher or manufacturer shall not be reviewed for purposes of adoption, either in a followup adoption or in any other primary or followup adoption conducted thereafter, until the fee assessed has been paid in full.\n(f) (1) It is the intent of the Legislature that the fee not be so substantial that it prevents small publishers or manufacturers from participating in a followup adoption.\n(2) Upon the request of a small publisher or manufacturer, the state board may reduce the fee for participation in the followup adoption.\n(3) For purposes of this section, \u201csmall publisher\u201d and \u201csmall manufacturer\u201d mean an independently owned or operated publisher or manufacturer who is not dominant in its field of operation, and who, together with its affiliates, has 100 or fewer employees, and has average annual gross receipts of ten million dollars ($10,000,000) or less over the previous three years.\n(g) Revenue derived from fees charged pursuant to subdivision (e) shall be budgeted as reimbursements and subject to review through the annual budget process and may be used to pay costs associated with any adoption and any costs associated with the review of instructional materials.\n(h) If the department determines that there is little or no interest by publishers and manufacturers in participating in a followup adoption, the department shall recommend to the state board that the followup adoption not be conducted and the state board may choose not to conduct the followup adoption.\n(i) General fund revenue shall not be used for the cost of conducting a followup adoption pursuant to this section.\n(j) This section shall remain in effect only until January 1, 2024, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2024, deletes or extends that date.","title":""}
{"_id":"c39","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nChapter 10 (commencing with Section 39950) is added to Part 2 of Division 26 of the Health and Safety Code, to read:\nCHAPTER  10. Workplace Charging Stations Grant Program\n39950.\nFor purposes of this chapter, the following definitions apply:\n(a) \u201cEligible applicant\u201d means a commercial property owner or lessee providing parking facilities for employees and visitors.\n(b) \u201cProgram\u201d means the Workplace Charging Stations Grant Program established pursuant to Section 39951.\n39951.\n(a) The state board, until January, 1, 2021, shall establish and implement the Workplace Charging Stations Grant Program to award grants to eligible applicants for the installation of electric vehicle charging stations in their parking facilities.\n(b) (1) The state board may award to an eligible applicant two thousand five hundred dollars ($2,500) for the first Level 2 charging port installed and an additional five hundred dollars ($500) for each additional Level 2 charging port installed.\n(2) The maximum grant that may be awarded to an eligible applicant pursuant to the program is six thousand dollars ($6,000) per facility.\n39952.\n(a) In considering an application for a grant, the state board shall consider the cost effectiveness of the proposed installation, the potential for timely completion and operation of the electric vehicle charging station, and the overall economic benefits to California of the proposed installation.\n(b) The state board shall give priority to proposed installations that meet one or more of the following criteria:\n(1) The eligible applicant has made a binding commitment to make the electric vehicle charging stations readily available to employees and the public at no fee for charging for at least the first three years of the operation of the stations.\n(2) The charging stations are available to employees and other members of the public 24 hours a day, seven days a week.\n(3) The charging stations are installed in disadvantaged communities, as identified pursuant to Section 39711.\n(4) The charging stations are located at or near a major traffic corridor.\n39953.\n(a) Eligible applicants receiving grants pursuant to this chapter shall report annually to the state board on the following:\n(1) The number of charging sessions delivered for each charging station for which a grant was awarded.\n(2) The amount electricity delivered for each charging session.\n(3) The total amount of time an electric vehicle is plugged in for each charging session.\n(4) The amount of downtime of each charging station for maintenance and repair.\n(5) The maintenance or repair events of each charging station.\n(b) (1) On or before July 1, 2018, and annually thereafter, until July 1, 2020, the state board shall submit a report to the Legislature providing a survey of the data submitted pursuant to subdivision (a) for the prior calendar year, identifying the benefits and problems with the program, and recommending improvements to the program.\n(2) On or before July 1, 2021, the state board shall submit to the Legislature a final report providing an overall survey of the program and identifying the benefits accrued from the program.\n(3) The reports required pursuant to paragraph (1) or (2) shall be submitted in accordance with Section 9795 of the Government Code.\n39954.\nThis chapter 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.\nSECTION 1.\nSection 44270.3 of the\nHealth and Safety Code\nis amended to read:\n44270.3.\nFor the purposes of this chapter, the following definitions shall apply:\n(a)\u201cBenefit-cost score,\u201d for the Alternative and Renewable Fuel and Vehicle Technology Program created pursuant to Section 44272, means a project\u2019s expected or potential greenhouse gas emissions reduction per dollar awarded by the commission to the project from the Alternative and Renewable Fuel and Vehicle Technology Fund.\n(b)\u201cCommission\u201d means the State Energy Resources Conservation and Development Commission.\n(c)\u201cFull fuel-cycle assessment\u201d or \u201clife-cycle assessment\u201d means evaluating and comparing the full environmental and health impacts of each step in the life cycle of a fuel, including, but not limited to, all of the following:\n(1)Feedstock production, extraction, cultivation, transport, and storage, and the transportation and use of water and changes in land use and land cover therein.\n(2)Fuel production, manufacture, distribution, marketing, transport, and storage, and the transportation and use of water therein.\n(3)Vehicle operation, including refueling, combustion, conversion, permeation, and evaporation.\n(d)\u201cVehicle technology\u201d means any vehicle, boat, off-road equipment, or locomotive, or component thereof, including its engine, propulsion system, transmission, or construction materials.\n(e)For purposes of the Air Quality Improvement Program created pursuant to Section 44274, the following definitions shall apply:\n(1)\u201cBenefit-cost score\u201d means the reasonably expected or potential criteria pollutant emission reductions achieved per dollar awarded by the board for the project.\n(2)\u201cProject\u201d means a category of investments identified for potential funding by the board, including, but not limited to, competitive grants, revolving loans, loan guarantees, loans, vouchers, rebates, and other appropriate funding measures for specific vehicles, equipment, technologies, or initiatives authorized by Section 44274.","title":""}
{"_id":"c283","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 34171 of the Health and Safety Code is amended to read:\n34171.\nThe following terms shall have the following meanings:\n(a) \u201cAdministrative budget\u201d means the budget for administrative costs of the successor agencies as provided in Section 34177.\n(b) (1) \u201cAdministrative cost allowance\u201d means the maximum amount of administrative costs that may be paid by a successor agency from the Redevelopment Property Tax Trust Fund in a fiscal year.\n(2) The administrative cost allowance shall be 5 percent of the property tax allocated to the successor agency on the Recognized Obligation Payment Schedule covering the period January 1, 2012, through June 30, 2012. The administrative cost allowance shall be up to 3 percent of the property tax allocated to the Redevelopment Obligation Retirement Fund for each fiscal year thereafter ending on June 30, 2016. However, the administrative cost allowance shall not be less than two hundred fifty thousand dollars ($250,000) in any fiscal year, unless this amount is reduced by the oversight board or by agreement with the successor agency.\n(3) Commencing July 1, 2016, and for each fiscal year thereafter, the administrative cost allowance shall be up to 3 percent of the actual property tax distributed to the successor agency by the county auditor-controller in the preceding fiscal year for payment of approved enforceable obligations, reduced by the successor agency\u2019s administrative cost allowance and loan repayments made to the city, county, or city and county that created the redevelopment agency that it succeeded pursuant to subdivision (b) of Section 34191.4 during the preceding fiscal year. However, the administrative cost allowance shall not be less than two hundred fifty thousand dollars ($250,000) in any fiscal year, unless this amount is reduced by the oversight board or by agreement between the successor agency and the department.\n(4) Notwithstanding paragraph (3), commencing July 1, 2016, a successor agency\u2019s annual administrative costs shall not exceed 50 percent of the total Redevelopment Property Tax Trust Fund distributed to pay enforceable obligations in the preceding fiscal year, which latter amount shall be reduced by the successor agency\u2019s administrative cost allowance and loan repayments made to the city, county, or city and county that created the redevelopment agency that it succeeded pursuant to subdivision (b) of Section 34191.4 during the preceding fiscal year. This limitation applies to administrative costs whether paid within the administrative cost allowance or not, but does not apply to administrative costs paid from bond proceeds or grant funds, or, in the case of a successor agency that is a designated local authority, from sources other than property tax.\n(5) The administrative cost allowance shall be approved by the oversight board and shall be the sole funding source for any legal expenses related to civil actions brought by the successor agency or the city, county, or city and county that created the former redevelopment agency, including writ proceedings, contesting the validity of this part or Part 1.8 (commencing with Section 34161) or challenging acts taken pursuant to these parts. Employee costs associated with work on specific project implementation activities, including, but not limited to, construction inspection, project management, or actual construction, shall be considered project-specific costs and shall not constitute administrative costs.\n(c) \u201cDesignated local authority\u201d shall mean a public entity formed pursuant to subdivision (d) of Section 34173.\n(d) (1) \u201cEnforceable obligation\u201d means any of the following:\n(A) Bonds, as defined by Section 33602 and bonds issued pursuant to Chapter 10.5 (commencing with Section 5850) of Division 6 of Title 1 of the Government Code, including the required debt service, reserve set-asides, and any other payments required under the indenture or similar documents governing the issuance of the outstanding bonds of the former redevelopment agency. A reserve may be held when required by the bond indenture or when the next property tax allocation will be insufficient to pay all obligations due under the provisions of the bond for the next payment due in the following half of the calendar year.\n(B) Loans of moneys borrowed by the redevelopment agency for a lawful purpose, to the extent they are legally required to be repaid pursuant to a required repayment schedule or other mandatory loan terms.\n(C) Payments required by the federal government, preexisting obligations to the state or obligations imposed by state law,\nspecifically including, but not limited to, federal base reuse obligations for the former Norton Air Force Base as confirmed by the 1990 Joint Powers Agreement providing for member contributions and by the 1990 cooperation agreement pass with a state water contractor,\nother than passthrough payments that are made by the county auditor-controller pursuant to Section 34183, or legally enforceable payments required in connection with the agencies\u2019 employees, including, but not limited to, pension payments, pension obligation debt service, unemployment payments, or other obligations conferred through a collective bargaining agreement. Costs incurred to fulfill collective bargaining agreements for layoffs or terminations of city employees who performed work directly on behalf of the former redevelopment agency shall be considered enforceable obligations payable from property tax funds. The obligations to employees specified in this subparagraph shall remain enforceable obligations payable from property tax funds for any employee to whom those obligations apply if that employee is transferred to the entity assuming the housing functions of the former redevelopment agency pursuant to Section 34176. The successor agency or designated local authority shall enter into an agreement with the housing entity to reimburse it for any costs of the employee obligations.\n(D) Judgments or settlements entered by a competent court of law or binding arbitration decisions against the former redevelopment agency, other than passthrough payments that are made by the county auditor-controller pursuant to Section 34183. Along with the successor agency, the oversight board shall have the authority and standing to appeal any judgment or to set aside any settlement or arbitration decision.\n(E) Any legally binding and enforceable agreement or contract that is not otherwise void as violating the debt limit or public policy. However, nothing in this act shall prohibit either the successor agency, with the approval or at the direction of the oversight board, or the oversight board itself from terminating any existing agreements or contracts and providing any necessary and required compensation or remediation for such termination. Titles of or headings used on or in a document shall not be relevant in determining the existence of an enforceable obligation.\n(F) (i) Contracts or agreements necessary for the administration or operation of the successor agency, in accordance with this part, including, but not limited to, agreements concerning litigation expenses related to assets or obligations, settlements and judgments, and the costs of maintaining assets prior to disposition, and agreements to purchase or rent office space, equipment and supplies, and pay-related expenses pursuant to Section 33127 and for carrying insurance pursuant to Section 33134. Beginning January 1, 2016, any legal expenses related to civil actions, including writ proceedings, contesting the validity of this part or Part 1.8 (commencing with Section 34161) or challenging acts taken pursuant to these parts shall only be payable out of the administrative cost allowance.\n(ii) A sponsoring entity may provide funds to a successor agency for payment of legal expenses related to civil actions initiated by the successor agency, including writ proceedings, contesting the validity of this part or Part 1.8 (commencing with Section 34161) or challenging acts taken pursuant to these parts. If the successor agency obtains a final judicial determination granting the relief requested in the action, the funds provided by the sponsoring entity for legal expenses related to successful causes of action pled by the successor agency shall be deemed an enforceable obligation for repayment under the terms set forth in subdivision (h) of Section 34173. If the successor agency does not receive a final judicial determination granting the relief requested, the funds provided by the sponsoring entity shall be considered a grant by the sponsoring entity and shall not qualify for repayment as an enforceable obligation.\n(G) Amounts borrowed from, or payments owing to, the Low and Moderate Income Housing Fund of a redevelopment agency, which had been deferred as of the effective date of the act adding this part; provided, however, that the repayment schedule is approved by the oversight board. Repayments shall be transferred to the Low and Moderate Income Housing Asset Fund established pursuant to subdivision (d) of Section 34176 as a housing asset and shall be used in a manner consistent with the affordable housing requirements of the Community Redevelopment Law (Part 1 (commencing with Section 33000)).\n(2) For purposes of this part, \u201cenforceable obligation\u201d does not include any agreements, contracts, or arrangements between the city, county, or city and county that created the redevelopment agency and the former redevelopment agency. However, written agreements entered into (A) at the time of issuance, but in no event later than December 31, 2010, of indebtedness obligations, and (B) solely for the purpose of securing or repaying those indebtedness obligations may be deemed enforceable obligations for purposes of this part. Additionally, written agreements entered into (A) at the time of issuance, but in no event later than June 27, 2011, of indebtedness obligations solely for the refunding or refinancing of other indebtedness obligations that existed prior to January 1, 2011, and (B) solely for the purpose of securing or repaying the refunded or refinanced indebtedness obligations may be deemed enforceable obligations for purposes of this part. Notwithstanding this paragraph, loan agreements entered into between the redevelopment agency and the city, county, or city and county that created it, within two years of the date of creation of the redevelopment agency, may be deemed to be enforceable obligations. Notwithstanding this paragraph, an agreement entered into by the redevelopment agency prior to June 28, 2011, is an enforceable obligation if the agreement relates to state highway infrastructure improvements to which the redevelopment agency committed funds pursuant to Section 33445. Notwithstanding this paragraph, an agreement between the city, county, or city and county that created the former redevelopment agency and the former redevelopment agency is an enforceable obligation if that agreement requires the former redevelopment agency to repay or fulfill an outstanding loan or development obligation imposed by a grant or loan awarded or issued by a federal agency, including the United States Department of Housing and Urban Development, to the city, county, or city and county which subsequently loaned or provided those funds to the former redevelopment agency.\n(3) Contracts or agreements between the former redevelopment agency and other public agencies, to perform services or provide funding for governmental or private services or capital projects outside of redevelopment project areas that do not provide benefit to the redevelopment project and thus were not properly authorized under Part 1 (commencing with Section 33000) shall be deemed void on the effective date of this part; provided, however, that such contracts or agreements for the provision of housing properly authorized under Part 1 (commencing with Section 33000) shall not be deemed void.\n(e) \u201cIndebtedness obligations\u201d means bonds, notes, certificates of participation, or other evidence of indebtedness, issued or delivered by the redevelopment agency, or by a joint exercise of powers authority created by the redevelopment agency, to third-party investors or bondholders to finance or refinance redevelopment projects undertaken by the redevelopment agency in compliance with the Community Redevelopment Law (Part 1 (commencing with Section 33000)).\n(f) \u201cOversight board\u201d shall mean each entity established pursuant to Section 34179.\n(g) \u201cRecognized obligation\u201d means an obligation listed in the Recognized Obligation Payment Schedule.\n(h) \u201cRecognized Obligation Payment Schedule\u201d means the document setting forth the minimum payment amounts and due dates of payments required by enforceable obligations for each six-month fiscal period until June 30, 2016, as provided in subdivision (m) of Section 34177. On and after July 1, 2016, \u201cRecognized Obligation Payment Schedule\u201d means the document setting forth the minimum payment amounts and due dates of payments required by enforceable obligations for each fiscal year as provided in subdivision (o) of Section 34177.\n(i) \u201cSchool entity\u201d means any entity defined as such in subdivision (f) of Section 95 of the Revenue and Taxation Code.\n(j) \u201cSuccessor agency\u201d means the successor entity to the former redevelopment agency as described in Section 34173.\n(k) \u201cTaxing entities\u201d means cities, counties, a city and county, special districts, and school entities, as defined in subdivision (f) of Section 95 of the Revenue and Taxation Code, that receive passthrough payments and distributions of property taxes pursuant to the provisions of this part.\n(l) \u201cProperty taxes\u201d include all property tax revenues, including those from unitary and supplemental and roll corrections applicable to tax increment.\n(m) \u201cDepartment\u201d means the Department of Finance unless the context clearly refers to another state agency.\n(n) \u201cSponsoring entity\u201d means the city, county, or city and county, or other entity that authorized the creation of each redevelopment agency.\n(o) \u201cFinal judicial determination\u201d means a final judicial determination made by any state court that is not appealed, or by a court of appellate jurisdiction that is not further appealed, in an action by any party.\n(p) From July 1, 2014, to July 1, 2018, inclusive, \u201chousing entity administrative cost allowance\u201d means an amount of up to 1 percent of the property tax allocated to the Redevelopment Obligation Retirement Fund on behalf of the successor agency for each applicable fiscal year, but not less than one hundred fifty thousand dollars ($150,000) per fiscal year.\n(1) If a local housing authority assumed the housing functions of the former redevelopment agency pursuant to paragraph (2) or (3) of subdivision (b) of Section 34176, then the housing entity administrative cost allowance shall be listed by the successor agency on the Recognized Obligation Payment Schedule. Upon approval of the Recognized Obligation Payment Schedule by the oversight board and the department, the housing entity administrative cost allowance shall be remitted by the successor agency on each January 2 and July 1 to the local housing authority that assumed the housing functions of the former redevelopment agency pursuant to paragraph (2) or (3) of subdivision (b) of Section 34176.\n(2) If there are insufficient moneys in the Redevelopment Obligations Retirement Fund in a given fiscal year to make the payment authorized by this subdivision, the unfunded amount may be listed on each subsequent Recognized Obligation Payment Schedule until it has been paid in full. In these cases the five-year time limit on the payments shall not apply.","title":""}
{"_id":"c48","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nChapter 4.5 (commencing with Section 22175) is added to Part 3 of Division 2 of the Public Contract Code, to read:\nCHAPTER  4.5. Civic Openness in Negotiations\n22175.\nThis chapter shall be known, and may be cited, as the Civic Reporting Openness in Negotiations Efficiency Act, or CRONEY.\n22176.\nAs used in this chapter, \u201ccivic openness in negotiations ordinance\u201d or \u201cCOIN ordinance\u201d means an ordinance adopted by a city, county, city and county, or special district that requires any of the following as a part of any collective bargaining process undertaken pursuant to the Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500) of Division 4 of Title 1 of the Government Code):\n(a) The preparation of an independent economic analysis describing the fiscal costs of benefit and pay components currently provided to members of a recognized employee organization, as defined in Section 3501 of the Government Code.\n(b) The completion of the independent economic analysis prior to the presentation of an opening proposal by the public employer.\n(c) Availability for review by the public of the independent economic analysis before presentation of an opening proposal by the public employer.\n(d) Updating of the independent economic analysis to reflect the annual or cumulative costs of each proposal made by the public employer or recognized employee organization.\n(e) Updating of the independent economic analysis to reflect any absolute amount or change from the current actuarially computed unfunded liability associated with the pension or postretirement health benefits.\n(f) The report from a closed session of a meeting of the public employer\u2019s governing body of offers, counteroffers, or supposals made by the public employer or the recognized employee organization and communicated during that closed session.\n(g) The report from a closed session of a meeting of the public employer\u2019s governing body of any list of names of persons in attendance during any negotiations session, the date of the session, the length of the session, the location of the session, or pertinent facts regarding the negotiations that occurred during a session.\n22177.\n(a) This chapter applies only to a city, county, city and county, or special district that has adopted a COIN ordinance, which is effective and operative. This chapter shall not apply if the city, county, city and county, or special district suspends, repeals, or revokes its COIN ordinance.\n(b) This chapter shall not apply to a contract if the contract is required to respond to, recover from, or mitigate the effects of any of the following:\n(1) A temporary public safety emergency declared by the chief law enforcement officer of a city, county, city and county, or special district.\n(2) A state of war emergency, state of emergency, or local emergency, as those terms are defined in Section 8558 of the Government Code.\n(c) This chapter shall not apply to a renewal of a contract if the employees performing the services are covered by a collective bargaining agreement that is governed by the National Labor Relations Act (29 U.S.C. Sec. 151 et seq.).\n22178.\n(a) This chapter shall apply to any contracts with a value of at least two hundred fifty thousand dollars ($250,000), and to any contracts with a person or entity, or related person or entity, with a cumulative value of at least two hundred fifty thousand dollars ($250,000) within the fiscal year of the city, county, city and county, or special district, being negotiated between the city, county, city and county, or special district, and any person or entity that seeks to provide services or goods to the city, county, city and county, or special district, in the following areas: accounting, financing, hardware and software maintenance, health care, human resources, human services, information technology, telecommunications, janitorial maintenance, legal services, lobbying, marketing, office equipment maintenance, passenger vehicle maintenance, property leasing, public relations, public safety, social services, transportation, or waste removal.\n(b) The city, county, city and county, or special district shall designate an unbiased independent auditor to review the cost of any proposed contract. The independent auditor shall prepare a report on the cost of the contract and provide the report to all parties and make it available to the public before the governing body takes any action to approve or disapprove the contract. The report shall comply with the following:\n(1) The report shall include a recommendation regarding the viability of the contract, including any supplemental data upon which the report is based, and shall determine the fiscal impacts attributable to each term and condition of the contract.\n(2) The report shall be made available to the public at least 30 days before the issue can be heard before the governing body and at least 60 days before any action to approve or disapprove the contract by the governing body.\n(3) Any proposed changes to the contract after it has been approved by the governing body shall adhere to the same approval requirements as the original contract. The changes shall not go into effect until all of the requirements of this subdivision are met.\n(c) The city, county, city and county, or special district shall disclose all offers and counteroffers to the public within 24 hours on its Internet Web site.\n(d) Before approving any contract, the city, county, city and county, or special district shall release a list of names of all persons in attendance, whether in person or by electronic means, during any negotiation session regarding the contract, the date of the session, the length of the session, the location where the session took place, and any pertinent facts regarding the negotiations that occurred in that session.\n(e) Representatives of the governing body shall advise the governing body of all offers, counteroffers, information, or statements of position discussed by the contracting person or entity and city, county, city and county, or special district representatives participating in negotiations regarding any contract.\n(f) Each governing body member and staff members of governing body offices shall disclose publicly all verbal, written, electronic, or other communications regarding a subject matter related to the negotiations or pending negotiations they have had with any official or unofficial representative of the private entity within 24 hours after the communication occurs.\n(g) A final governing body determination regarding approval of any contract shall be undertaken only after the matter has been heard at a minimum of two meetings of the governing body wherein the public has had the opportunity to review and comment on the matter.\nSEC. 2.\nThe Legislature finds and declares that Section 1 of this act, which adds Chapter 4.5 (commencing with Section 22175) to Part 3 of Division 2 of the Public Contract 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:\nThis act ensures that members of the public have the opportunity to be informed of, and meaningfully participate in, the negotiation and approval of contracts for goods and services by a city, county, city and county, or special district that has adopted a civic openness in negotiations (COIN) ordinance, thereby furthering the purposes of Section 3 of Article I of the California Constitution.\nSEC. 3.\nNo reimbursement is required by this act pursuant to Section 6 of Article XIII\u2009B 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.","title":""}
{"_id":"c170","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 16429.2 of the Government Code is amended to read:\n16429.2.\nThere is created the Local Investment Advisory Board consisting of five members. The chair shall be the Treasurer or his or her designated representative. Two members who are qualified by training and experience in the field of investment or finance, shall be appointed by the Treasurer. Two members who are treasurers, finance or fiscal officers, or business managers employed by any county, city or local district, or municipal corporation of the state, shall be appointed by the Treasurer.\nThe term of office of each appointed member of the board is three years, but each appointed member serves at the pleasure of the appointing authority. A vacancy in the appointed membership, occurring other than by expiration of term, shall be filled in the same manner as the original appointment, but for the unexpired term only.\nMembers of the board who are not state officers or employees shall not receive a salary, but shall be entitled to a per diem allowance of fifty dollars ($50) for each day\u2019s attendance at a meeting of the board, not to exceed three hundred dollars ($300) in any month. All members shall be entitled to reimbursement for expenses incurred in the performance of their duties under this part, including travel and other necessary expenses.\nThe board\u2019s primary purpose shall be to advise and assist the Treasurer in formulating the investment and reinvestment of moneys in the Local Agency Investment Fund, and the acquisition, retention, management, and disposition of investments of the fund. The board, from time to time, shall review those policies and advise therein as it considers necessary or desirable. The board shall advise the Treasurer in the management of the fund and consult the Treasurer on any matter relating to the investment and reinvestment of moneys in the fund.\nSEC. 2.\nArticle 12 (commencing with Section 16429.50) is added to Chapter 2 of Part 2 of Division 4 of Title 2 of the Government Code, to read:\nArticle  12. Intermediate and Long Term Investment Fund\n16429.50.\n(a) The Intermediate and Long Term Investment Fund is hereby created. The Treasurer shall administer the fund and shall maintain a separate account within the fund for each governmental unit having deposits in this fund.\n(b) The purpose of the fund is to permit voluntary deposit of funds by a governmental entity where those funds may benefit from the intermediate or long-term investments authorized by this article.\n(c) The moneys deposited into the Intermediate and Long Term Investment Fund shall be subject to the requirements of Section 16430, except that the moneys may also be invested in corporate bonds with a maturity of up to three years, in government bonds with a maturity of up to 30 years, in physical gold, and in convertible securities.\n(d)  The Intermediate and Long Term Investment Advisory Board shall recommend to the Treasurer the moneys in the Surplus Money Investment Fund or the Local Agency Investment Fund which qualify to participate in the Intermediate and Long Term Investment Fund.\n(e) The Treasurer may refuse to accept deposits into the fund if, in the judgment of the Treasurer, the deposit would adversely affect the state\u2019s portfolio.\n(f) Money in the fund shall be invested to achieve the objective of the fund, which is to realize the maximum return consistent with safe and prudent management.\n(g) All instruments of title of all investments of the fund shall remain in the Treasurer\u2019s vault or be held in safekeeping under control of the Treasurer in any federal reserve bank, or any branch thereof, or the Federal Home Loan Bank of San Francisco, with any trust company, or the trust department of any state or national bank.\n(h) Immediately at the conclusion of each calendar quarter, all interest earned and other increment derived from investments shall be distributed by the Controller to the contributing governmental units or trustees or fiscal agents, nonprofit corporations, and quasi-governmental agencies in amounts directly proportionate to the respective amounts deposited in the Intermediate and Long Term Investment Fund and the length of time the amounts remained therein. An amount equal to the reasonable costs incurred in carrying out the provisions of this section, not to exceed a maximum of 5 percent of the earnings of this fund and not to exceed the amount appropriated in the annual Budget Act for this function, shall be deducted from the earnings prior to distribution. However, if the 13-week Daily Treasury Bill Rate, as published by the United States Department of the Treasury, on the last day of the state\u2019s fiscal year is below 1 percent, then the above-noted reasonable costs shall not exceed a maximum of 8 percent of the earnings of this fund for the subsequent fiscal year, shall not exceed the amount appropriated in the annual Budget Act for this function, and shall be deducted from the earnings prior to distribution. The amount of the deduction shall be credited as reimbursements to the state agencies, including the Treasurer, the Controller, and the Department of Finance, having incurred costs in carrying out the provisions of this article.\n16429.52.\n(a) Moneys placed with the Treasurer for deposit in the Intermediate and Long Term Investment Fund from the Local Agency Investment Fund shall be held in trust. Those funds shall not be subject to either of the following:\n(1) Transfer or loan pursuant to Section 16310, 16312, or 16313.\n(2) Impoundment or seizure by any state official or state agency.\n(b) (1) The right of a city, county, city and county, special district, nonprofit corporation, or qualified quasi-governmental agency to withdraw its deposited moneys from the Intermediate and Long Term Investment Fund, upon demand, shall not be altered, impaired, or denied, in any way, by any state official or state agency based upon the state\u2019s failure to adopt a State Budget by July 1, of each new fiscal year.\n(2) Notwithstanding paragraph (1), if an agency prematurely withdraws moneys deposited in a medium- or long-term investment, the agency shall pay its fair share of any penalty imposed, as determined by the Treasurer.\n16429.54.\n(a) The Intermediate and Long Term Investment Advisory Board is hereby established, consisting of five members. The chairperson shall be the Treasurer or his or her designated representative. Two members who are qualified by training and experience in the field of investing and finance shall be appointed by the Treasurer. Two members who are treasurers, finance or fiscal officers, or business managers, employed by any county, city, or local district or municipal corporation of this state, shall be appointed by the Treasurer. No member of either the Local Investment Advisory Board or the Pooled Money Investment Board is eligible to be selected by the Treasurer for the Intermediate and Long Term Investment Board.\n(b) The term of office of each appointed member of the board is two years, but each appointed member serves at the pleasure of the appointing authority. A vacancy in the appointed membership, occurring other than by expiration of term, shall be filled in the same manner as the original appointment, but for the unexpired term only.\n(c) Members of the board who are not state officers or employees shall not receive a salary, but shall be entitled to a per diem allowance of fifty dollars ($50) for each day\u2019s attendance at a meeting of the board, not to exceed three hundred dollars ($300) in any month. All members shall be entitled to reimbursement for expenses incurred in the performance of their duties under this part, including travel and other necessary expenses.\n(d) The board\u2019s primary purpose shall be to advise and assist the Treasurer in formulating the investment and reinvestment of moneys in the Intermediate and Long Term Investment Fund and the acquisition, retention, management, and disposition of investments of the fund. The board, from time to time, shall review those policies and advise therein as it considers necessary or desirable.\n(e) The board shall distribute investment performance reports quarterly and distribute an annual report to the Legislature, in compliance with Section 9795 of the Government Code, and to the Department of Finance. The investment performance reports shall include investment returns, comparisons to benchmarks, holdings, market values, and fees.","title":""}
{"_id":"c409","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 9084 of the Elections Code is amended to read:\n9084.\nThe ballot pamphlet shall contain all of the following:\n(a) A complete copy of each state measure.\n(b) A copy of the specific constitutional or statutory provision, if any, that each state measure would repeal or revise.\n(c) A copy of the arguments and rebuttals for and against each state measure.\n(d) A copy of the analysis of each state measure.\n(e) Tables of contents, indexes, art work, graphics, and other materials that the Secretary of State determines will make the ballot pamphlet easier to understand or more useful for the average voter.\n(f) A notice, conspicuously printed on the cover of the ballot pamphlet, indicating that additional copies of the ballot pamphlet will be mailed by the county elections official upon request.\n(g) A written explanation of the judicial retention procedure as required by Section 9083.\n(h) The Voter Bill of Rights pursuant to Section 2300.\n(i) If the ballot contains an election for the office of United States Senator, information on candidates for United States Senator. A candidate for United States Senator may purchase the space to place a statement in the state ballot pamphlet that does not exceed 250 words. The statement may not make any reference to any opponent of the candidate. The statement shall be submitted in accordance with timeframes and procedures set forth by the Secretary of State for the preparation of the state ballot pamphlet.\n(j) If the ballot contains a question on the confirmation or retention of a justice of the Supreme Court, information on justices of the Supreme Court who are subject to confirmation or retention.\n(k) If the ballot contains an election for the offices of President and Vice President of the United States, a notice that refers voters to the Secretary of State\u2019s Internet Web site for information about candidates for the offices of President and Vice President of the United States.\n(l) A written explanation of the appropriate election procedures for party-nominated, voter-nominated, and nonpartisan offices as required by Section 9083.5.\n(m) A written explanation of the top 10 contributor lists required by Section 84223 of the Government Code, including a description of the Internet Web sites where those lists are available to the public.\n(n) A copy of all the information posted on the\ndedicated Internet\nWeb page\nof\nthat is hyperlinked to\nthe\nhomepage of the\nInternet Web site of the\n____\nLegislative Analyst\n\u2019s Office\npursuant to the California Financial Transparency Act of 2016 (Chapter 5.3 (commencing with Section 8347) of Division 1 of Title 2 of the Government Code).\nSEC. 2.\nChapter 5.3 (commencing with Section 8347) is added to Division 1 of Title 2 of the Government Code, to read:\nCHAPTER  5.3. California Financial Transparency Act of 2016\n8347.\nThis chapter shall be known and may be cited as the California Financial Transparency Act of 2016.\n8347.10.\nThe\n____ [an entity of state government]\nLegislative Analyst\nshall post all of the following current total amounts on a dedicated\nInternet\nWeb page that is hyperlinked to the homepage of\nits\nthe\nInternet Web\nsite:\nsite of the Legislative Analyst\u2019s Office:\n(a) State revenues.\n(b) State expenditures.\n(c) Unfunded state pension liability.\n(d) Unfunded state retiree medical benefit liability.\n(e) Unfunded infrastructure needs.\n(f) Bond debt.\n(g) Unrestricted net position.\n8347.20.\nOn or before January 1 and July 1 of each year, the\n____\nLegislative Analyst\nshall update the\nInternet\nWeb page required by Section 8347.10.\nSEC. 3.\nSection 88001 of the Government Code is amended to read:\n88001.\nThe ballot pamphlet shall contain all of the following:\n(a) A complete copy of each state measure.\n(b) A copy of the specific constitutional or statutory provision, if any, that would be repealed or revised by each state measure.\n(c) A copy of the arguments and rebuttals for and against each state measure.\n(d) A copy of the analysis of each state measure.\n(e) Tables of contents, indexes, art work, graphics, and other materials that the Secretary of State determines will make the ballot pamphlet easier to understand or more useful for the average voter.\n(f) A notice, conspicuously printed on the cover of the ballot pamphlet, indicating that additional copies of the ballot pamphlet will be mailed by the county elections official upon request.\n(g) A written explanation of the judicial retention procedure as required by Section 9083 of the Elections Code.\n(h) The Voter Bill of Rights pursuant to Section 2300 of the Elections Code.\n(i) If the ballot contains an election for the office of United States Senator, information on candidates for United States Senator. A candidate for United States Senator may purchase the space to place a statement in the state ballot pamphlet that does not exceed 250 words. The statement may not make any reference to any opponent of the candidate. The statement shall be submitted in accordance with timeframes and procedures set forth by the Secretary of State for the preparation of the state ballot pamphlet.\n(j) If the ballot contains a question as to the confirmation or retention of a justice of the Supreme Court, information on justices of the Supreme Court who are subject to confirmation or retention.\n(k) If the ballot contains an election for the offices of President and Vice President of the United States, a notice that refers voters to the Secretary of State\u2019s Internet Web site for information about candidates for the offices of President and Vice President of the United States.\n(l) A written explanation of the appropriate election procedures for party-nominated, voter-nominated, and nonpartisan offices as required by Section 9083.5 of the Elections Code.\n(m) A written explanation of the top 10 contributor lists required by Section 84223, including a description of the Internet Web sites where those lists are available to the public.\n(n) A copy of all the information posted on the\ndedicated Internet\nWeb page\nof\nthat is hyperlinked to\nthe\nhomepage of the\nInternet Web site of the\n____\nLegislative Analyst\n\u2019s Office\npursuant to the California Financial Transparency Act of 2016 (Chapter 5.3 (commencing with Section 8347) of Division 1 of Title 2).\nSEC. 4.\nThe Legislature finds and declares that Section 3 of this act, amending Section 88001 of the Government Code, is an amendment of the Political Reform Act of 1974 that requires the inclusion of additional information on the ballot pamphlet in accordance with Section 88007 of the Government Code.","title":""}
{"_id":"c217","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 2080.1 of the Civil Code is amended to read:\n2080.1.\n(a) If the owner is unknown or has not claimed the property, the person saving or finding the property shall, if the property is of the value of one hundred dollars ($100) or more, within a reasonable time turn the property over to the police department of the city or city and county, if found therein, or to the sheriff\u2019s department of the county if found outside of city limits, or to the public transit agency if found on a vehicle of public conveyance or on the public transit agency property, and shall make an affidavit, stating when and where he or she found or saved the property, particularly describing it. If the property was saved, the affidavit shall state:\n(1) From what and how it was saved.\n(2) Whether the owner of the property is known to the affiant.\n(3) That the affiant has not secreted, withheld, or disposed of any part of the property.\n(b) The police department or the sheriff\u2019s department shall notify the owner, if his or her identity is reasonably ascertainable, that it possesses the property and where it may be claimed. The police department or sheriff\u2019s department may require payment by the owner of a reasonable charge to defray costs of storage and care of the property.\n(c) If the personal property is found or saved on a vehicle of public conveyance or on property belonging to a public transit agency, the public transit agency shall notify the owner, if his or her identity is reasonably ascertainable, that it possesses the property and where it may be claimed. The public transit agency may require payment by the owner of a reasonable charge to defray the costs of storage and care of the property.\n(d) This section shall only remain in effect until December 31, 2020, and as of that date is repealed.\nSEC. 2.\nSection 2080.1 is added to the Civil Code, to read:\n2080.1.\n(a) If the owner is unknown or has not claimed the property, the person saving or finding the property shall, if the property is of the value of one hundred dollars ($100) or more, within a reasonable time turn the property over to the police department of the city or city and county, if found therein, or to the sheriff\u2019s department of the county if found outside of city limits, and shall make an affidavit, stating when and where he or she found or saved the property, particularly describing it. If the property was saved, the affidavit shall state:\n(1) From what and how it was saved.\n(2) Whether the owner of the property is known to the affiant.\n(3) That the affiant has not secreted, withheld, or disposed of any part of the property.\n(b) The police department or the sheriff\u2019s department shall notify the owner, if his or her identity is reasonably ascertainable, that it possesses the property and where it may be claimed. The police department or sheriff\u2019s department may require payment by the owner of a reasonable charge to defray costs of storage and care of the property.\n(c) This section shall become operative on January 1, 2021.\nSEC. 3.\nSection 2080.2 of the Civil Code is amended to read:\n2080.2.\n(a) If the owner appears within 90 days, after receipt of the property by the police department or sheriff\u2019s department, proves his or her ownership of the property, and pays all reasonable charges, the police department or sheriff\u2019s department shall restore the property to him or her.\n(b) If the owner appears within 90 days after receipt of the property by a public transit agency, proves his or her ownership of the property, and pays all reasonable charges, the public transit agency shall restore the property to him or her.\n(c) This section shall only remain in effect until December 31, 2020, and as of that date is repealed.\nSEC. 4.\nSection 2080.2 is added to the Civil Code, to read:\n2080.2.\n(a) If the owner appears within 90 days after receipt of the property by the police department or sheriff\u2019s department, proves his or her ownership of the property, and pays all reasonable charges, the police department or sheriff\u2019s department shall restore the property to him or her.\n(b) This section shall become operative on January 1, 2021.\nSEC. 5.\nSection 2080.3 of the Civil Code is amended to read:\n2080.3.\n(a) If the reported value of the property is two hundred fifty dollars ($250) or more and no owner appears and proves his or her ownership of the property within 90 days, the police department, sheriff\u2019s department, or public transit agency shall cause notice of the property to be published at least once in a newspaper of general circulation. If, after seven days following the first publication of the notice, no owner appears and proves his or her ownership of the property and the person who found or saved the property pays the cost of the publication, the title shall vest in the person who found or saved the property unless the property was found in the course of employment by an employee of any public agency, in which case the property shall be sold at public auction. Title to the property shall not vest in the person who found or saved the property or in the successful bidder at the public auction unless the cost of publication is first paid to the city, county, or city and county whose police or sheriff\u2019s department or public transit agency caused the notice to be published.\n(b) If the reported value of the property is less than two hundred fifty dollars ($250) and no owner appears and proves his or her ownership of the property within 90 days, the title shall vest in the person who found or saved the property, unless the property was found in the course of employment by an employee of any public agency, in which case the property shall be sold at public auction.\n(c) This section shall only remain in effect until December 31, 2020, and as of that date is repealed.\nSEC. 6.\nSection 2080.3 is added to the Civil Code, to read:\n2080.3.\n(a) If the reported value of the property is two hundred fifty dollars ($250) or more and no owner appears and proves his or her ownership of the property within 90 days, the police department or sheriff\u2019s department shall cause notice of the property to be published at least once in a newspaper of general circulation. If, after seven days following the first publication of the notice, no owner appears and proves his or her ownership of the property and the person who found or saved the property pays the cost of the publication, the title shall vest in the person who found or saved the property unless the property was found in the course of employment by an employee of any public agency, in which case the property shall be sold at public auction. Title to the property shall not vest in the person who found or saved the property or in the successful bidder at the public auction unless the cost of publication is first paid to the city, county, or city and county whose police or sheriff\u2019s department caused the notice to be published.\n(b) If the reported value of the property is less than two hundred fifty dollars ($250) and no owner appears and proves his or her ownership of the property within 90 days, the title shall vest in the person who found or saved the property, unless the property was found in the course of employment by an employee of any public agency, in which case the property shall be sold at public auction.\n(c) This section shall become operative on January 1, 2021.\nSEC. 7.\nSection 2080.9 is added to the Civil Code, to read:\n2080.9.\nNotwithstanding any other law, all of the following shall apply with\nAs an alternative to the unclaimed property procedures in Sections 2080.1 to 2080.3, inclusive, a transit agency may elect to utilize all of the following procedures with\nrespect to a lost or unclaimed bicycle turned in to or held by\na\nthat\npublic transit agency:\n(a) If the owner of a bicycle appears within 45 days after receipt of that bicycle by a public transit agency, proves his or her ownership of the bicycle, and pays all reasonable charges, the public transit agency shall restore the bicycle to him or her.\n(b) (1) If the bicycle remains unclaimed after 45 days, the public transit agency may dispose of the unclaimed bicycle by sale at public auction to the highest bidder.\n(2) The public transit agency shall give notice of the sale at least five days before the time fixed for the sale by publication in a newspaper of general circulation published in the county in which the bicycle was found.\n(3) Any bicycles remaining unsold after being offered for sale at the public auction may be destroyed or otherwise disposed of by the public transit agency.\n(c) (1) Notwithstanding subdivision (b), a public transit agency may donate bicycles unclaimed after 45 days to a charitable organization if both of the following conditions are met:\n(A) The board of the public transit agency holds a public hearing to determine the charitable organization that will receive a donated bicycle.\n(B) The public transit agency provides notice, at least five days before the time fixed for the donation, by publication in a newspaper of general circulation published in the county in which the public transit agency operates. The notice shall identify the time period during which the bicycles to be donated were found or saved by the public transit agency, the name of the charity receiving the donation, the date of the donation, and where unclaimed bicycles may be claimed prior to the date of the donation.\n(2) The public transit agency shall not donate unclaimed bicycles more than two times per calendar year and the number of bicycles donated shall not exceed 25 percent of the total number of lost or unclaimed bicycles found or saved by the public transit agency during the prior six months.\n(d) (1) Any public transit agency that donates unclaimed bicycles to a charitable organization pursuant to this section shall submit to the Assembly and Senate Committees on Judiciary, on or before January 1, 2020, a report that details, for each of the four preceding calendar years, the following information:\n(A) The total number of bicycles received.\n(B) The total number of bicycles claimed by an owner within 45 days.\n(C) The average number of days of storage for each bicycle successfully claimed.\n(D) The total number of bicycles donated to a charitable organization.\n(E) The names of all charitable organizations that received donated bicycles and the number of bicycles donated to each of those organizations.\n(F) The total number of bicycles offered at public auction or sale.\n(G) The average selling price of each bicycle sold at public auction or sale.\n(2) A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.\n(e) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.\nSEC. 8.\nIf 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.","title":""}
{"_id":"c426","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nThe Legislature finds and declares all of the following:\n(a) California has the eighth largest economy in the world, and its laws have a far-reaching impact on individuals, entities, and organizations within the state and throughout the world.\n(b) Because of its extraordinary economic impact and leadership on timely issues, California\u2019s statutory framework and legal structures have a national and global impact.\n(c) Rapid technological and societal advances require the development of public policy in new and evolving areas.\n(d) State government officials must make informed policy decisions about issues that have increasingly complex and interrelated legal components.\n(e) California is home to some of the world\u2019s most prestigious universities and law schools.\n(f) California is currently facing one of the largest surpluses of recent law school graduates in the nation, and the unique education and training of these skilled graduates could greatly assist the state government in its work.\n(g) Only approximately 5 percent of attorneys nationwide work for state governments, meaning that the nation\u2019s state governments derive insufficient benefit from those attorneys\u2019 legal training and expertise.\n(h) Approximately 36 percent of attorneys working for the State of California are 55 years of age or older; therefore, California must encourage attorneys to enter public service to fill vacancies as those attorneys retire.\n(i) The establishment of a law fellowship program in California will enable the state to capitalize on the experience of its law school graduates for the betterment of its government.\nSEC. 2.\nChapter 1.5 (commencing with Section 8050) is added to Division 1 of Title 2 of the Government Code, to read:\nCHAPTER  1.5. California Law Fellowship Program\n8050.\n(a) The California Law Fellowship Program is hereby established.\n(b) The purpose of the program is to offer licensed attorneys and other qualifying law school graduates limited-term placements in public sector positions within state government.\n(c) The program shall provide each California Law Fellow with the opportunity to work in the public sector and shall encourage each participant to seek permanent public-sector employment at the conclusion of the fellowship.\n(d) The Legislature requests that The University of the Pacific McGeorge School of Law, in consultation with California law schools accredited by the American Bar Association, and with any other appropriate person or entity, do all of the following with respect to the California Law Fellowship Program:\n(1) Create the program to provide law graduates a post-graduate educational experience and provide the Legislature and other governmental entities with legal assistance and advice.\n(2) House and administer the program, including managing funding and processing applications.\n(3) Give preference to applicants who are either of the following:\n(A) Current members of the United States military.\n(B) Former members of the United States military who were honorably discharged.\n(e) A California Law Fellow\u2019s placement with a state agency shall be contingent on that agency\u2019s acceptance of the fellow, according to criteria adopted by the participating state agency for purposes of the program.\n(f) (1) It is the intent of the Legislature that participation in the program by an attorney or other qualifying law school graduate, by a state agency, or by a public official within a state agency shall not constitute a gift of public money or thing of value for purposes of Section 6 of Article XVI of the California Constitution, a gift for purposes of the Political Reform Act of 1974 (Title 9 (commencing with Section 81000)), or a gift, bequest, or favor for purposes of the Code of Judicial Ethics adopted pursuant to subdivision (m) of Section 18 of Article VI of the California Constitution.\n(2) To the extent feasible, the program shall be designed and administered to accomplish the Legislature\u2019s intent as specified in this subdivision.\n(g) State funds shall not be used to administer the program.\n(h) For purposes of this section:\n(1) \u201cCalifornia Law Fellow\u201d means a participant in the program.\n(2) \u201cProgram\u201d means the California Law Fellowship Program.\n(3) \u201cQualifying law school graduate\u201d means a recipient of a law degree from a law school accredited by the American Bar Association.\n8924.7.\n(a) The Legislature finds and declares that the California Law Fellowship Program, established pursuant to Chapter 1.5 (commencing with Section 8050) of Division 1, establishes a formal fellowship program that provides substantial public benefits to the Legislature as a participating state agency.\n(b) The services of a participant in the California Law Fellowship Program California Law Fellow , whose placement with the Legislature is accepted duly authorized by the Senate Committee on Rules, the Assembly Committee on Rules, or the Joint Committee on Rules, as appropriate, are not compensation, a reward, or a gift to a Member of the Legislature for purposes of paragraph (4) of subdivision (b) of Section 8920.\n(c) A participant in the California Law Fellowship Program California Law Fellow , whose placement with the Legislature is accepted duly authorized by the Senate Committee on Rules, the Assembly Committee on Rules, or the Joint Committee on Rules, as appropriate, is not an employee of either house of the Legislature for purposes of this article.\n(d) For purposes of this section, a California Law Fellow is \u201cduly authorized by the Senate Committee on Rules, the Assembly Committee on Rules, or the Joint Committee on Rules\u201d only if both of the following requirements are satisfied:\n(1) The California Law Fellow has been selected according to criteria, and pursuant to a process, approved by the Senate Committee on Rules, the Assembly Committee on Rules, or the Joint Committee on Rules.\n(2) The program has executed an agreement with the Senate Committee on Rules, the Assembly Committee on Rules, or the Joint Committee on Rules whereby the California Law Fellow is bound to abide by standards of conduct, economic interest disclosure requisites, and other requirements specified by the Senate Committee on Rules, the Assembly Committee on Rules, or the Joint Committee on Rules.\nSECTION 1.\nSection 8169 of the\nGovernment Code\nis amended to read:\n8169.\n(a)The director may lease the real property owned by the state within the core area, and not under the jurisdiction of any other state agency, for purposes consistent with the Capitol Area Plan and the management thereof, for the term and upon terms and conditions that the director deems to be appropriate. A lease shall provide that any property subsequently leased by a joint powers authority for which a lease or rental for a period of five years or more is contemplated, shall be advertised and awarded utilizing for the purpose the same procedure followed by the director for other state properties. The director\u2019s authority to lease real property under this section shall include, but not be limited to, the authority to lease portions of buildings and facilities occupied or to be occupied in part by state agencies, to private parties, and other public agencies for office, residential, parking, and commercial uses consistent with the Capitol Area Plan.\n(b)(1)The director may sell real property that is owned by the state within the Capitol Area Plan area that is not under the jurisdiction of any other state agency and that is designated for residential and commercial purposes in the 1997 update of the plan. If the director sells property under this section, that property shall be sold at its fair market value to the joint powers authority created pursuant to Section 8169.4 for resale and use in the development of residential and commercial properties consistent with the Capitol Area Plan. In addition, any property sold under this section shall not diminish the number of existing dwelling units or subsequently developed units that are required to be made available to low-income households pursuant to Section 8193. For the purposes of Section 8193, an existing residential dwelling unit or a subsequently developed unit located on land sold pursuant to this section shall continue to be included in the determination of the total number of dwelling units located on property leased by the joint powers authority created pursuant to Section 8169.4.\n(2)The director shall not sell any existing residential properties pursuant to this subdivision that are under the management of the joint powers authority created pursuant to Section 8169.4 unless that sale is part of an overall development plan that will lead to a net increase in residential units on the affected site or sites.\n(3)In addition, the director shall not sell any existing residential properties pursuant to this subdivision that are under the management of the joint powers authority created pursuant to Section 8169.4 unless a deed restriction is recorded against the properties that contains an express condition and covenant that the real property conveyed shall be used only for residential purposes for a period of at least 45 years. \u201cResidential purposes\u201d means the same or substantially similar multifamily, single-family, or condominium use, or a mixed use, with the same or greater number of residential units on the affected site. The terms of the restriction are for the benefit of the public at large and for the benefit of all parcels of land located within the boundaries of the Capitol Area Plan. The residential use required by this subdivision shall bind all successive owners of the property for a period of 45 years from the date the property is conveyed by the joint powers authority.\n(c)With respect to residential leases, the director\u2019s authority included in this section shall not extend beyond the Capitol area. The director shall ensure that tenants residing within the Capitol area are not involuntarily displaced as a result of leases executed after January 1, 1978. The director\u2019s authority shall also include the authority to enter into long-term leases not to exceed 60 years and to pledge, subordinate, hypothecate, or to permit the assignment of these leases in connection with financing to be obtained by any lessee or sublessee.\n(d)The director shall not execute a sales agreement or lease agreement for a term lease of more than five years between the state and another entity, enter into a joint powers agreement, or issue revenue bonds or notes of evidences of indebtedness offered by the joint powers authority, if the agreement concerns state-owned property in the County of Sacramento or the County of Yolo, unless not less than 30 days prior to its execution he or she notifies and provides an economic analysis of the proposed sale to the Members of the Legislature who represent the Capitol area and the chairman of the committee in each house of the Legislature that considers appropriations, the chairman of the appropriate policy committee in each house, and the Chairman of the Joint Legislative Budget Committee, or his or her designee, in writing of his or her intention to execute such an agreement. The chairman of the committee or his or her designee may determine a lesser notification period prior to execution. The director shall provide a copy of the notice to any person who requests the director in writing for the notice.\n(e)The Legislature hereby finds that it will be of broad public benefit to stimulate development of residential and commercial components of the Capitol Area Plan. Therefore, the director may sell property to the joint powers authority created pursuant to Section 8169.4 at a price that is determined to be its fair market value and terms that have been determined to be appropriate to stimulate timely development to meet the goals set forth by the Legislature in the 1997 update of the Capitol Area Plan. The Capitol Area Development Authority may request these sales after providing the director with appropriate economic analysis in support of the value at which property is to be conveyed. The director may approve the sale of the property if he or she concurs with the economic analysis.\n(f)The Legislature hereby finds that it will be of broad public benefit to lease some residential units in the Capitol area to persons and families of low or moderate income, as defined by Section 50093 of the Health and Safety Code, for less than prevailing market rental rates. Therefore, the director may rent or provide for the rental of residential facilities to persons and families of low or moderate income for less than market rental rates and enter into long-term ground leases at nominal or below market rental rates when the director deems it will benefit these persons and families.\n(g)All leases of state-owned property in the core area to any private person for other than parking shall be subject to possessory interest taxes in accordance with Chapter 1 (commencing with Section 101) of Part 1 of Division 1 of the Revenue and Taxation Code.\n(h)The net proceeds of any moneys received from the disposition of any state parcels sold pursuant to subdivision (b) shall be deposited into the General Fund. The department shall be reimbursed for any cost or expense incurred in the disposition of any parcels.","title":""}
{"_id":"c245","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 254.5 of the Revenue and Taxation Code is amended to read:\n254.5.\n(a) Claims for the welfare exemption and the veterans\u2019 organization exemption shall be filed on or before February 15 of each year with the assessor.\nThe assessor may not approve a property tax exemption claim until the claimant has been issued a valid organizational clearance certificate pursuant to Section 254.6. Financial statements shall be submitted only if requested in writing by the assessor.\n(b) (1) The assessor shall review all claims for the welfare exemption to ascertain whether the property on which the exemption is claimed meets the requirements of Section 214. The assessor shall also review all claims for the veterans\u2019 organization exemption to ascertain whether the property on which the exemption is claimed meets the requirements of Section 215.1. In this connection, the assessor shall consider, among other matters, whether:\n(A) Any capital investment of the owner or operator for expansion of a physical plant is justified by the contemplated return thereon, and required to serve the interests of the community.\n(B) The property on which the exemption is claimed is used for the actual operation of an exempt activity and does not exceed an amount of property reasonably necessary to the accomplishment of the exempt purpose.\n(2) The assessor may institute an audit or verification of the operations of the owner or operator of the applicant\u2019s property to ascertain whether both the owner and operator meet the requirements of Section 214.\n(c) (1) The assessor may deny a claim for the welfare exemption on a property, notwithstanding that the claimant has been granted an organizational clearance certificate by the board.\n(2) If the assessor finds that the claimant\u2019s property is ineligible for the welfare exemption or the veterans\u2019 organization exemption, the assessor shall notify the claimant in writing of all of the following:\n(A) That the property is ineligible for the exemption.\n(B) That the claimant may seek a refund of property taxes paid by filing a refund claim with the county.\n(C) That if the claimant\u2019s refund claim with the county is denied, the claimant may file a refund action in superior court.\n(d) Notwithstanding subdivision (a), an applicant, granted a welfare exemption and owning any property exempted pursuant to Section 214.15 or Section 231, shall not be required to reapply for the welfare exemption in any subsequent year in which there has been no transfer of, or other change in title to, the exempted property and the property is used exclusively by a governmental entity or by a nonprofit corporation described in Section 214.15 for its interest and benefit. The applicant shall notify the assessor on or before February 15 if, on or before the preceding lien date, the applicant became ineligible for the welfare exemption or if, on or before that lien date, the property was no longer owned by the applicant or otherwise failed to meet all requirements for the welfare exemption.\nPrior to the lien date, the assessor shall annually mail a notice to every applicant relieved of the requirement of filing an annual application by this subdivision.\nThe notice shall be in a form and contain that information that the board may prescribe, after consultation with the California Assessors\u2019 Association, and shall set forth the circumstances under which the property may no longer be eligible for exemption, and advise the applicant of the duty to inform the assessor if the property is no longer eligible for exemption.\nThe notice shall inform any applicant desiring to maintain eligibility for the welfare exemption under Section 214.15 or Section 231 for the next fiscal year of the procedure to reaffirm exemption eligibility. The failure to reaffirm eligibility for the exemption does not of itself constitute a waiver of exemption as called for by the California Constitution, but may result in additional contact by the assessor to verify exempt activity.\n\n(e) Upon any indication that a welfare exemption or veterans\u2019 organization exemption on the property has been incorrectly granted, the assessor shall redetermine eligibility for the exemption. If the assessor determines that the property, or any portion thereof, is no longer eligible for the exemption, he or she shall immediately cancel the exemption on so much of the property as is no longer eligible for the exemption.\n(f) If a welfare exemption or veterans\u2019 organization exemption on the property has been incorrectly allowed, an escape assessment as provided by Article 4 (commencing with Section 531) of Chapter 3 in the amount of the exemption, with interest as provided in Section 506, shall be made, and a penalty shall be assessed for any failure to notify the assessor as required by this section in an amount equaling 10 percent of the escape assessment, but may not exceed two hundred fifty dollars ($250).\n(g) Pursuant to Section 15640 of the Government Code, the board shall review the assessor\u2019s administration of the welfare exemption and the veterans\u2019 organization exemption as part of the board\u2019s survey of the county assessment roll to ensure the proper administration of the exemption.\nSEC. 2.\nSection 1840 of the Revenue and Taxation Code is amended to read:\n1840.\nIf any county, city and county, or municipal corporation desires to secure a review, equalization, or adjustment of the assessment of its property by the board pursuant to subdivision (g) of Section 11 of Article XIII of the California Constitution, it shall apply to the board for that review, equalization, or adjustment in writing on or before November 30. If the assessment objected to is one made outside the regular period for those assessments, the application for review shall be filed with the board within 60 days from the date the tax bill is mailed to the assessee.\nEvery application shall show the facts claimed to require action of the board, and a copy of the application shall be filed with the assessor whose assessment is questioned. Upon receipt of a timely application, the board shall afford the applicant notice and a hearing in accordance with any rules and regulations as the board may prescribe. The failure to file a timely application shall bar the applicant from relief under subdivision (g) of Section 11 of Article XIII or this section.\nSEC. 3.\nSection 4674 of the Revenue and Taxation Code is amended to read:\n4674.\nAny excess in the proceeds deposited in the delinquent tax sale trust fund remaining after satisfaction of the amounts distributed under Sections 4672, 4672.1, 4672.2, 4673, and 4673.1 shall be retained in the fund on account of, and may be claimed by parties of interest in the property as provided in, Section 4675. At the expiration of the period specified in subdivision (e) of Section 4675, any excess proceeds not claimed under Section 4675 may be transferred to the county general fund of the county by the county auditor, except that prior to the transfer, the county may deduct those costs of maintaining the redemption and tax-defaulted property files, and those costs of administering and processing the claims for excess proceeds, that have not been recovered under any other law.","title":""}
{"_id":"c274","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 3041.5 of the Penal Code is amended to read:\n3041.5.\n(a) At all hearings for the purpose of reviewing an inmate\u2019s parole suitability, or the setting, postponing, or rescinding of parole, with the exception of en banc review of tie votes, the following shall apply:\n(1) At least 10 days before any hearing by the Board of Parole Hearings, the inmate shall be permitted to review the file which will be examined by the board and shall have the opportunity to enter a written response to any material contained in the file.\n(2) The inmate shall be permitted to be present, to ask and answer questions, and to speak on his or her own behalf. Neither the inmate nor the attorney for the inmate shall be entitled to ask questions of any person appearing at the hearing pursuant to subdivision (b) of Section 3043.\n(3) Unless legal counsel is required by some other law, a person designated by the Department of Corrections and Rehabilitation shall be present to ensure that all facts relevant to the decision be presented, including, if necessary, contradictory assertions as to matters of fact that have not been resolved by departmental or other procedures.\n(4) The inmate and any person described in subdivision (b) of Section 3043 shall be permitted to request and receive a stenographic record of all proceedings.\n(5) If the hearing is for the purpose of postponing or rescinding parole, the inmate shall have the rights set forth in paragraphs (3) and (4) of subdivision (c) of Section 2932.\n(6) The board shall set a date to reconsider whether an inmate should be released on parole that ensures a meaningful consideration of whether the inmate is suitable for release on parole.\n(b) (1) Within 10 days following any decision granting parole, the board shall send the inmate a written statement setting forth the reason or reasons for granting parole, the conditions he or she must meet in order to be released, and the consequences of failure to meet those conditions.\n(2) Within 20 days following any decision denying parole, the board shall send the inmate a written statement setting forth the reason or reasons for denying parole, and suggest activities in which he or she might participate that will benefit him or her while he or she is incarcerated.\n(3) The board shall schedule the next hearing, after considering the views and interests of the victim, as follows:\n(A) Fifteen years after any hearing at which parole is denied, unless the board finds by clear and convincing evidence that the criteria relevant to the decision denying parole are such that consideration of the public and victim\u2019s safety does not require a more lengthy period of incarceration for the inmate than 10 additional years.\n(B) Ten years after any hearing at which parole is denied, unless the board finds by clear and convincing evidence that the criteria relevant to the decision denying parole are such that consideration of the public and victim\u2019s safety does not require a more lengthy period of incarceration for the inmate than seven additional years.\n(C) Three years, five years, or seven years after any hearing at which parole is denied, because the criteria relevant to the decision denying parole are such that consideration of the public and victim\u2019s safety requires a more lengthy period of incarceration for the inmate, but does not require a more lengthy period of incarceration for the inmate than seven additional years.\n(4) The board may in its discretion, after considering the views and interests of the victim, advance a hearing set pursuant to paragraph (3) to an earlier date,\nbut not less than two years after a hearing at which parole was denied,\nwhen a change in circumstances or new information establishes a reasonable likelihood that consideration of the public and victim\u2019s safety does not require the additional period of incarceration of the inmate provided in paragraph (3).\n(5) Within 10 days of any board action resulting in the rescinding of parole, the board shall send the inmate a written statement setting forth the reason or reasons for that action, and shall schedule the inmate\u2019s next hearing in accordance with paragraph (3).\n(c) The board shall conduct a parole hearing pursuant to this section as a de novo hearing. Findings made and conclusions reached in a prior parole hearing shall be considered in but shall not be deemed to be binding upon subsequent parole hearings for an inmate, but shall be subject to reconsideration based upon changed facts and circumstances. When conducting a hearing, the board shall admit the prior recorded or memorialized testimony or statement of a victim or witness, upon request of the victim or if the victim or witness has died or become unavailable. At each hearing the board shall determine the appropriate action to be taken based on the criteria set forth in paragraph (1) of subdivision (b) of Section 3041.\n(d) (1) An inmate may request that the board exercise its discretion to advance a hearing set pursuant to paragraph (3) of subdivision (b) to an earlier date, by submitting a written request to the board, with notice, upon request, and a copy to the victim which shall set forth the change in circumstances or new information that establishes a reasonable likelihood that consideration of the public safety does not require the additional period of incarceration of the inmate.\n(2) The board shall have sole jurisdiction, after considering the views and interests of the victim to determine whether to grant or deny a written request made pursuant to paragraph (1), and its decision shall be subject to review by a court or magistrate only for a manifest abuse of discretion by the board. The board shall have the power to summarily deny a request that does not comply with this subdivision or that does not set forth a change in circumstances or new information as required in paragraph (1) that in the judgment of the board is sufficient to justify the action described in paragraph (4) of subdivision (b).\n(3) An inmate may make only one written request as provided in paragraph (1) during each three-year period. Following either a summary denial of a request made pursuant to paragraph (1), or the decision of the board after a hearing described in subdivision (a) to deny parole, the inmate shall not be entitled to submit another request for a hearing pursuant to subdivision (a) until a three-year period of time has elapsed from the summary denial or decision of the board.","title":""}
{"_id":"c244","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 25247 of the Health and Safety Code is amended to read:\n25247.\n(a) The department shall review each plan submitted pursuant to Section 25246 and shall approve the plan if it finds that the plan complies with the regulations adopted by the department and complies with all other applicable state and federal regulations.\n(b) The department shall not approve the plan until at least one of the following occurs:\n(1) The plan has been approved pursuant to Section 13227 of the Water Code.\n(2) Sixty days expire after the owner or operator of an interim status facility submits the plan to the department. If the department denies approval of a plan for an interim status facility, this 60-day period shall not begin until the owner or operator resubmits the plan to the department.\n(3) The director finds that immediate approval of the plan is necessary to protect public health, safety, or the environment.\n(c) Any action taken by the department pursuant to this section is subject to Section 25204.5.\n(d) (1) To the extent consistent with the federal act, the department shall impose the requirements of a hazardous waste facility postclosure plan on the owner or operator of a facility through the issuance of an enforcement order, entering into an enforceable agreement, or issuing a postclosure permit.\n(A) A hazardous waste facility postclosure plan imposed or modified pursuant to an enforcement order, a permit, or an enforceable agreement shall be approved in compliance with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).\n(B) Before the department initially approves or significantly modifies a hazardous waste facility postclosure plan pursuant to this subdivision, the department shall provide a meaningful opportunity for public involvement, which, at a minimum, shall include public notice and an opportunity for public comment on the proposed action.\n(C) For the purposes of subparagraph (B), a \u201csignificant modification\u201d is a modification that the department determines would constitute a class 3 permit modification if the change were being proposed to a hazardous waste facilities permit. In determining whether the proposed modification would constitute a class 3 modification, the department shall consider the similarity of the modification to class 3 modifications codified in Appendix I of Chapter 20 (commencing with Section 66270.1) of Division 4.5 of Title 22 of the California Code of Regulations. In determining whether the proposed modification would constitute a class 3 modification, the department shall also consider whether there is significant public concern about the proposed modification, and whether the proposed change is so substantial or complex in nature that the modification requires the more extensive procedures of a class 3 permit modification.\n(2) This subdivision does not limit or delay the authority of the department to order any action necessary at a facility to protect public health or safety.\n(3) If the department imposes a hazardous waste facility postclosure plan in the form of an enforcement order or enforceable agreement, in lieu of issuing or renewing a postclosure permit, the owner or operator who submits the plan for approval shall, at the time the plan is submitted, pay the same fee specified in subparagraph (F) of paragraph (1) of subdivision (d) of Section 25205.7, or enter into a cost reimbursement agreement pursuant to subdivision (a) of Section 25205.7 and upon commencement of the postclosure period shall pay the fee required by paragraph (9) of subdivision (c) of Section 25205.4. For purposes of this paragraph and paragraph (9) of subdivision (c) of Section 25205.4, the commencement of the postclosure period shall be the effective date of the postclosure permit, enforcement order, or enforceable agreement.\n(4) In addition to any other remedy available under state law to enforce a postclosure plan imposed in the form of an enforcement order or enforcement agreement, the department may take any of the following actions:\n(A) File an action to enjoin a threatened or continuing violation of a requirement of the enforcement order or agreement.\n(B) Require compliance with requirements for corrective action or other emergency response measures that the department deems necessary to protect human health and the environment.\n(C) Assess or file an action to recover civil penalties and fines for a violation of a requirement of an enforcement order or agreement.\n(e) Subdivision (d) does not apply to a postclosure plan for which a final or draft permit has been issued by the department on or before December 31, 2003, unless the department and the facility mutually agree to replace the permit with an enforcement order or enforceable agreement pursuant to the provisions of subdivision (d).\n(f) On or before January 1, 2018, the department shall adopt regulations to impose postclosure plan requirements pursuant to subdivision (d).\n(g) If the department determines that a postclosure permit is necessary to enforce a postclosure plan, the department may, at any time, rescind and replace an enforcement order or an enforceable agreement issued pursuant to this section by issuing a postclosure permit for the hazardous waste facility, in accordance with the procedures specified in the department\u2019s regulations for the issuance of postclosure permits.\n(h) Nothing in this section may be construed to limit or delay the authority of the department to order any action necessary at a facility to protect public health or safety, or the environment.\nSEC. 1.5.\nSection 25247 of the Health and Safety Code is amended to read:\n25247.\n(a) The department shall review each plan submitted pursuant to Section 25246 and shall approve the plan if it finds that the plan complies with the regulations adopted by the department and complies with all other applicable state and federal regulations.\n(b) The department shall not approve the plan until at least one of the following occurs:\n(1) The plan has been approved pursuant to Section 13227 of the Water Code.\n(2) Sixty days expire after the owner or operator of an interim status facility submits the plan to the department. If the department denies approval of a plan for an interim status facility, this 60-day period shall not begin until the owner or operator resubmits the plan to the department.\n(3) The director finds that immediate approval of the plan is necessary to protect public health, safety, or the environment.\n(c) Any action taken by the department pursuant to this section is subject to Section 25204.5.\n(d) (1) To the extent consistent with the federal act, the department shall impose the requirements of a hazardous waste facility postclosure plan on the owner or operator of a facility through the issuance of an enforcement order, entering into an enforceable agreement, or issuing a postclosure permit.\n(A) A hazardous waste facility postclosure plan imposed or modified pursuant to an enforcement order, a permit, or an enforceable agreement shall be approved in compliance with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).\n(B) Before the department initially approves or significantly modifies a hazardous waste facility postclosure plan pursuant to this subdivision, the department shall provide a meaningful opportunity for public involvement, which, at a minimum, shall include public notice and an opportunity for public comment on the proposed action.\n(C) For the purposes of subparagraph (B), a \u201csignificant modification\u201d is a modification that the department determines would constitute a class 3 permit modification if the change were being proposed to a hazardous waste facilities permit. In determining whether the proposed modification would constitute a class 3 modification, the department shall consider the similarity of the modification to class 3 modifications codified in Appendix I of Chapter 20 (commencing with Section 66270.1) of Division 4.5 of Title 22 of the California Code of Regulations. In determining whether the proposed modification would constitute a class 3 modification, the department shall also consider whether there is significant public concern about the proposed modification, and whether the proposed change is so substantial or complex in nature that the modification requires the more extensive procedures of a class 3 permit modification.\n(2) This subdivision does not limit or delay the authority of the department to order any action necessary at a facility to protect public health or safety.\n(3) If the department imposes a hazardous waste facility postclosure plan in the form of an enforcement order or enforceable agreement, in lieu of issuing or renewing a postclosure permit, the owner or operator who submits the plan for approval shall, at the time the plan is submitted, enter into a cost reimbursement agreement pursuant to Section 25205.7 and upon commencement of the postclosure period shall pay the fee required by paragraph (9) of subdivision (c) of Section 25205.4. For purposes of this paragraph and paragraph (9) of subdivision (c) of Section 25205.4, the commencement of the postclosure period shall be the effective date of the postclosure permit, enforcement order, or enforceable agreement.\n(4) In addition to any other remedy available under state law to enforce a postclosure plan imposed in the form of an enforcement order or enforcement agreement, the department may take any of the following actions:\n(A) File an action to enjoin a threatened or continuing violation of a requirement of the enforcement order or agreement.\n(B) Require compliance with requirements for corrective action or other emergency response measures that the department deems necessary to protect human health and the environment.\n(C) Assess or file an action to recover civil penalties and fines for a violation of a requirement of an enforcement order or agreement.\n(e) Subdivision (d) does not apply to a postclosure plan for which a final or draft permit has been issued by the department on or before December 31, 2003, unless the department and the facility mutually agree to replace the permit with an enforcement order or enforceable agreement pursuant to the provisions of subdivision (d).\n(f) On or before January 1, 2018, the department shall adopt regulations to impose postclosure plan requirements pursuant to subdivision (d).\n(g) If the department determines that a postclosure permit is necessary to enforce a postclosure plan, the department may, at any time, rescind and replace an enforcement order or an enforceable agreement issued pursuant to this section by issuing a postclosure permit for the hazardous waste facility, in accordance with the procedures specified in the department\u2019s regulations for the issuance of postclosure permits.\n(h) Nothing in this section may be construed to limit or delay the authority of the department to order any action necessary at a facility to protect public health or safety, or the environment.\nSEC. 2.\nSection 1.5 of this bill incorporates amendments to Section 25247 of the Health and Safety Code proposed by this bill, Assembly Bill 1611, and Senate Bill 839. It shall only become operative if (1) this bill and Assembly Bill 1611 or Senate Bill 839, or both of those bills, are enacted and become effective on or before January 1, 2017, (2) Assembly Bill 1611, Senate Bill 839, or both, as enacted, amend Section 25247 of the Health and Safety Code, and (3) this bill is enacted last of these bills that amend Section 25247 of the Health and Safety Code, in which case Section 25247 of the Health and Safety Code, as amended by Assembly Bill 1611 or Senate Bill 839, shall remain operative only until the operative date of this bill, at which time Section 1.5 of this bill shall become operative, and Section 1 of this bill shall not become operative.","title":""}
{"_id":"c67","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nItem 2660-013-0001 is added to Section 2.00 of the Budget Act of 2015, to read:\n2660-013-0001\u2014For transfer by the Controller from the General Fund, to the Traffic Congestion Relief Fund, upon order of the Director of Finance ........................\n(173,000,000)\nProvisions:\n1.\nNotwithstanding existing law, these funds shall be transferred and allocated by the Director of Finance no later than January 1, 2017, and will affect the General Fund reserve in the fiscal year the transfer is made. Funds shall be allocated as follows:\n(a)\n$148,000,000 for specified local Traffic Congestion Relief Program projects.\n(b)\n$11,000,000 for trade corridor improvements.\n(c)\n$9,000,000 for the Transit and Intercity Rail Capital Program.\n(d)\n$5,000,000 for the State Highway Operations and Protection Program.\n2.\nNotwithstanding any other law, this amount shall be repaid from the General Fund pursuant to subdivision (c) of Section 20 of Article XVI of the California Constitution and applied to debt payments as required for the 2016\u201317 fiscal year.\nSEC. 2.\nItem 3970-001-0001 is added to Section 2.00 of the Budget Act of 2015, to read:\n3970-001-0001\u2014For support of Department of Resources Recycling and Recovery ........................\n105,000,000\nSchedule:\n(1)\n3700-Waste Reduction and Management ........................\n105,000,000\nProvisions:\n1.\nThe funds appropriated in Schedule (1) shall be made available for fire recovery and debris removal and management costs to mitigate the threat to lives, public health, safety, and the environment.\n2.\nNotwithstanding any other law, upon request of the Director of the Department of Resources Recycling and Recovery, the Director of Finance may augment the amount available for expenditure in this item to pay for fire debris removal and management costs to mitigate the threat to lives, public health, safety, and the environment. The augmentation may be made no sooner than 10 days after notification in writing to the chairpersons of the committees in each house of the Legislature that consider appropriations and the Chairperson of the Joint Legislative Budget Committee. The amount of funds augmented pursuant to the authority of this provision shall be consistent with the amount approved by the Director of Finance based on review of the estimated costs.\nSEC. 3.\nItem 6440-001-0001 of Section 2.00 of the Budget Act of 2015 is amended to read:\n6440-001-0001\u2014For support of University of California ........................\n3,057,993,000\nSchedule:\n(1)\n5440-Support ........................\n3,057,993,000\nProvisions:\n1.\nThis appropriation is exempt from Sections 6.00 and 31.00.\n2.\n(a)\nThe Legislature finds and declares all of the following:\n(1)\nThe Regents of the University of California endorsed, on May 21, 2015, the framework for long-term funding agreed upon by the Governor and the President of the University, pursuant to which tuition will not increase in the 2015\u201316 and 2016\u201317 academic years and the university will implement reforms to reduce the cost structure of the university and improve access, quality, and outcomes.\n(2)\nThe reforms included in the framework endorsed by the Regents will create capacity for all campuses of the university to serve more resident students, including by easing transfer from the community colleges, reducing the amount of time it takes students to complete programs, and using technology and data to improve allocation of available resources.\n(3)\nIn addition to the funds included in this appropriation and those described in the framework, other funds, including existing resources that can be redirected to higher priorities, such as those currently being used to provide financial aid to nonresident students, are also available to enable more resident students to enter the university at all of its campuses.\n(4)\nFurthermore, it is the intent of the Legislature that those funds generated by an increase in the number of nonresident students enrolled in the 2015\u201316 academic year, compared to the number of nonresident students enrolled in the 2014\u201315 academic year, and increases in nonresident supplemental tuition, as approved by the Regents on May 21, 2015, be used specifically to support an increase in the number of resident students enrolled.\n(b)\nTo address immediate needs, the university is expected to enroll, no later than the 2016\u201317 academic year, at least 5,000 more resident undergraduate students than the number enrolled in the 2014\u201315 academic year.\n(c)\nIf the Regents provide sufficient evidence to the Director of Finance on or before May 1, 2016, to demonstrate that the university will satisfy the expectation enumerated in subdivision (b), the Director of Finance shall increase this appropriation by $25,000,000 and notify the Joint Legislative Budget Committee.\n2.1.\nNo later than April 1, 2016, the Regents of the University of California shall report to the Director of Finance and, in conformity with Section 9795 of the Government Code, to the Legislature on its use of these funds for targeted support services to increase systemwide and campus four-year and six-year graduation rates and two-year and three-year transfer graduation rates of low-income and underrepresented student populations.\n2.2.\nThe Regents of the University of California shall improve transparency regarding the university\u2019s budget. The Regents shall ensure that information is posted on the website of the Office of the President that details subcategories of personnel within the Managers and Senior Professional personnel category and disaggregates all personnel categories by fund source.\n2.3.\nNo later than December 10, 2015, the Regents of the University of California shall report to the Director of Finance and, in conformity with Section 9795 of the Government Code, to the Legislature, all of the following:\n(a)\nAll university fund sources legally allowable to support costs for undergraduate, graduate academic, and graduate professional education.\n(b)\nThe factors the university considers to determine which funds to use for educational activities and how much of those funds to use.\n(c)\nThe sources of the funds included in the calculation of expenditures reported pursuant to Section 92670 of the Education Code.\n2.4.\n(a)\nThe Regents of the University of California shall implement further measures to reduce the university\u2019s cost structure.\n(b)\nThe Legislature finds and declares that many state employees hold positions with comparable scope of responsibilities, complexity, breadth of job functions, experience requirements, and other relevant factors to those employees designated to be in the Senior Management Group pursuant to existing Regents policy.\n(c)\n(1)\nTherefore, at a minimum, the Regents shall, when considering compensation for any employee designated to be in the Senior Management Group, use a market reference zone that includes state employees.\n(2)\nAt a minimum, the Regents shall identify all comparable positions from the lists included in subdivision (l) of Section 8 of Article III of the California Constitution and Article 1 (commencing with Section 11550) of Chapter 6 of Part 1 of Division 3 of Title 2 of the Government Code.\n3.\n(a)\nThe Regents of the University of California shall approve a plan that includes at least all of the following:\n(1)\nProjections of available resources in the 2016\u201317, 2017\u201318, and 2018\u201319 fiscal years. In projecting General Fund appropriations and student tuition and fee revenues, the university shall use any assumptions provided by the Department of Finance. The Department of Finance shall provide any assumptions no later than August 1, 2015.\n(2)\nProjections of expenditures in the 2016\u201317, 2017\u201318, and 2018\u201319 fiscal years and descriptions of any changes to current operations necessary to ensure that expenditures in each of those years are not greater than the available resources projected for each of those years pursuant to paragraph (1).\n(3)\nProjections of resident and nonresident enrollment in the 2016\u201317, 2017\u201318, and 2018\u201319 academic years, assuming implementation of any changes described in paragraph (2).\n(4)\nThe university\u2019s goals for each of the measures listed in subdivision (b) of Section 92675 of the Education Code for the 2016\u201317, 2017\u201318, and 2018\u201319 academic years, assuming implementation of any changes described in paragraph (2). It is the intent of the Legislature that these goals be challenging and quantifiable, address achievement gaps for underrepresented populations, and align the educational attainment of California\u2019s adult population to the workforce and economic needs of the state, pursuant to the legislative intent expressed in Section 66010.93 of the Education Code.\n(b)\nThe plan approved pursuant to subdivision (a) shall be submitted no later than November 30, 2015, to the Director of Finance, the chairpersons of the committees in each house of the Legislature that consider the State Budget, the chairpersons of the budget subcommittees in each house of the Legislature that consider appropriations for the University of California, the chairpersons of the committees in each house of the Legislature that consider appropriations, and the chairpersons of the policy committees in each house of the Legislature with jurisdiction over bills relating to the university.\n4.\n(a)\nThe University of California shall allocate from this appropriation the amount necessary to pay in full the fees anticipated to become due and payable during the fiscal year associated with lease-revenue bonds issued by the State Public Works Board on its behalf and the amount of general obligation bond debt service attributable to the university.\n(b)\nThe Controller shall transfer funds from this appropriation upon receipt of the following reports:\n(1)\nThe State Public Works Board shall report to the Controller the fees anticipated to become due and payable in the fiscal year associated with any lease-revenue bonds that were issued on behalf of the university.\n(2)\nThe Department of Finance shall report to the Controller the amount of general obligation bond debt service anticipated to become due and payable in the fiscal year attributable to the university.\n(3)\nThe State Public Works Board or the Department of Finance shall submit a revised report if either entity determines that an amount previously reported to the Controller is inaccurate. If necessary pursuant to any revised reports, the Controller shall return funds to this appropriation.\n4.5.\nOf the funds appropriated in this item:\n(a)\n$6,000,000 shall be allocated to the centers for labor research and education at the Berkeley and Los Angeles campuses.\n(b)\n$1,000,000 shall be allocated to the Wildlife Health Center at the Davis campus and used for grants to local marine mammal stranding networks. These funds are provided on a one-time basis.\n(c)\n$770,000 shall be allocated for the Statewide Database.\n(d)\n$1,855,000 shall be allocated for the San Joaquin Valley Medical Program. The program shall enroll 48 students. These funds shall be available for expenditure through June 30, 2017.\n4.6.\nThe University of California shall continue planning for a School of Medicine at the Merced campus in accordance with the action approved by the Regents of the University of California on May 14, 2008, and shall allocate up to $1,000,000 from this appropriation or other funds available to the university for this purpose.\n4.7.\nThis item includes funds for the California DREAM Loan Program.\n5.\nPayments made by the state to the University of California for each month from July through April shall not exceed one-twelfth of the amount appropriated in this item, less the amount that is specified in Provision 2 and the amount that is allocated pursuant to subdivision (a) of Provision 4. Transfers of funds pursuant to subdivision (b) of Provision 4 shall not be considered payments made by the state to the university.\n6.\nThe funds appropriated in this item shall not be available to support auxiliary enterprises or intercollegiate athletic programs.\nSEC. 4.\nItem 9651-001-0001 is added to Section 2.00 of the Budget Act of 2015, to read:\n9651-001-0001\u2014For support of Prefunding of Health and Dental Benefits for Annuitants ........................\n240,000,000\nSchedule:\n(1)\n7755\u2013Prefunding Health and Dental Benefits ........................\n240,000,000\nProvisions:\n1.\nThe amount appropriated in this item is to supplement, and not supplant, funding that would otherwise be made available to pay for the employer share of prefunding health and dental benefits identified in memoranda of understanding, or for employees excluded from collective bargaining, in accordance with salary and benefit schedules established by the Department of Human Resources.\n2.\nNo later than November 1, 2016, the Director of Finance shall certify the memoranda of understanding that include employer and employee contributions for prefunding health and dental benefits, and have been approved by the Legislature and the bargaining unit membership. Upon certification, the Director of Finance shall determine the proportionate share of this appropriation based on the actuarially determined liabilities of other postemployment benefits for each bargaining unit included in the certification, and notify the Controller\u2019s office, which shall provide the amount specified by the Director of Finance to the designated state subaccount of the Annuitants\u2019 Health Care Coverage Fund, as defined in Section 22940 of the Government Code.\n3.\nThis appropriation is available for expenditure or encumbrance until June 30, 2017.\nSEC. 5.\nSection 39.00 of the Budget Act of 2015 is amended to read:\nSec. 39.00.\nThe Legislature hereby finds and declares that the following bills are other bills providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution: AB 94, AB 95, AB 104, AB 105, AB 106, AB 107, AB 108, AB 109, AB 110, AB 111, AB 112, AB 113, AB 114, AB 115, AB 116, AB 117, AB 118, AB 119, AB 120, AB 121, AB 122, AB 123, AB 124, AB 125, AB 127, AB 128, AB 129, AB 130, AB 131, AB 132, AB 134, AB 135, AB 136, AB 137, AB 138, SB 70, SB 71, SB 72, SB 73, SB 74, SB 75, SB 76, SB 77, SB 78, SB 79, SB 80, SB 81, SB 82, SB 83, SB 84, SB 85, SB 86, SB 87, SB 88, SB 89, SB 90, SB 91, SB 92, SB 93, SB 94, SB 95, SB 96, SB 98, SB 99, SB 100, SB 102, SB 103, SB 104, SB 105, SB 106, SB 107, SB 108, and SB 109, in the form that these bills existed at the time that the act amending this section of the Budget Act of 2015 took effect.\nSEC. 6.\nThis act is a Budget Bill within the meaning of subdivision (c) of Section 12 of Article IV of the California Constitution and shall take effect immediately.","title":""}
{"_id":"c22","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nArticle 14 (commencing with Section 2340) is added to Chapter 5 of Division 2 of the Business and Professions Code, to read:\nArticle  14. Physician and Surgeon Health and Wellness Program\n2340.\n(a) The board may establish a Physician and Surgeon Health and Wellness Program for the early identification of, and appropriate interventions to support a physician and surgeon in his or her rehabilitation from, substance abuse to ensure that the physician and surgeon remains able to practice medicine in a manner that will not endanger the public health and safety and that will maintain the integrity of the medical profession. The program, if established, shall aid a physician and surgeon with substance abuse issues impacting his or her ability to practice medicine.\n(b) For the purposes of this article, \u201cprogram\u201d shall mean the Physician and Surgeon Health and Wellness Program.\n(c) If the board establishes a program, the program shall meet the requirements of this article.\n2340.2.\nIf the board establishes a program, the program shall do all of the following:\n(a) Provide for the education of all licensed physicians and surgeons with respect to the recognition and prevention of physical, emotional, and psychological problems.\n(b) Offer assistance to a physician and surgeon in identifying substance abuse problems.\n(c) Evaluate the extent of substance abuse problems and refer the physician and surgeon to the appropriate treatment by executing a written agreement with a physician and surgeon participant.\n(d) Provide for the confidential participation by a physician and surgeon with substance abuse issues who does not have a restriction on his or her practice related to those substance abuse issues. If an investigation of a physician and surgeon occurs after the physician and surgeon has enrolled in the program, the board may inquire of the program whether the physician and surgeon is enrolled in the program and the program shall respond accordingly.\n(e) Comply with the Uniform Standards Regarding Substance-Abusing Healing Arts Licensees as adopted by the Substance Abuse Coordination Committee of the department pursuant to Section 315.\n2340.4.\n(a) If the board establishes a program, the board shall contract for the program\u2019s administration with a private third-party independent administering entity pursuant to a request for proposals. The process for procuring the services for the program shall be administered by the board pursuant to Article 4 (commencing with Section 10335) of Chapter 2 of Part 2 of Division 2 of the Public Contract Code. However, Section 10425 of the Public Contract Code shall not apply to this subdivision.\n(b) The administering entity shall have expertise and experience in the areas of substance or alcohol abuse in healing arts professionals.\n(c) The administering entity shall identify and use a statewide treatment resource network that includes treatment and screening programs and support groups and shall establish a process for evaluating the effectiveness of those programs.\n(d) The administering entity shall provide counseling and support for the physician and surgeon and for the family of any physician and surgeon referred for treatment.\n(e) The administering entity shall make their services available to all licensed California physicians and surgeons, including those who self-refer to the program.\n(f) The administering entity shall have a system for immediately reporting a physician and surgeon, including, but not limited to, a physician and surgeon who withdraws or is terminated from the program, to the board. This system shall ensure absolute confidentiality in the communication to the board. The administering entity shall not provide this information to any other individual or entity unless authorized by the participating physician and surgeon or this article.\n(g) The contract entered into pursuant to this section shall also require the administering entity to do the following:\n(1) Provide regular communication to the board, including annual reports to the board with program statistics, including, but not limited to, the number of participants currently in the program, the number of participants referred by the board as a condition of probation, the number of participants who have successfully completed their agreement period, and the number of participants terminated from the program. In making reports, the administering entity shall not disclose any personally identifiable information relating to any participant.\n(2) Submit to periodic audits and inspections of all operations, records, and management related to the program to ensure compliance with the requirements of this article and its implementing rules and regulations. Any audit conducted pursuant to this section shall maintain the confidentiality of all records reviewed and information obtained in the course of conducting the audit and shall not disclose any information identifying a program participant.\n(h) If the board determines the administering entity is not in compliance with the requirements of the program or contract entered into with the board, the board may terminate the contract.\n2340.6.\n(a) A physician and surgeon shall, as a condition of participation in the program, enter into an individual agreement with the program and agree to pay expenses related to treatment, monitoring, laboratory tests, and other activities specified in the participant\u2019s written agreement. The agreement shall include all of the following:\n(1) A jointly agreed-upon plan and mandatory conditions and procedures to monitor compliance with the program.\n(2) Compliance with terms and conditions of treatment and monitoring.\n(3) Criteria for program completion.\n(4) Criteria for termination of a physician and surgeon participant from the program.\n(5) Acknowledgment that withdrawal or termination of a physician and surgeon participant from the program shall be reported to the board.\n(6) Acknowledgment that expenses related to treatment, monitoring, laboratory tests, and other activities specified by the program shall be paid by the physician and surgeon participant.\n(b) Any agreement entered into pursuant to this section shall not be considered a disciplinary action or order by the board and shall not be disclosed to the board if both of the following apply:\n(1) The physician and surgeon did not enroll in the program as a condition of probation or as a result of an action by the board.\n(2) The physician and surgeon is in compliance with the conditions and procedures in the agreement.\n(c) Any oral or written information reported to the board shall remain confidential and shall not constitute a waiver of any existing evidentiary privileges. However, confidentiality regarding the physician and surgeon\u2019s participation in the program and related records shall not apply if the board has referred a participant as a condition of probation or as otherwise authorized by this article.\n(d) Nothing in this section prohibits, requires, or otherwise affects the discovery or admissibility of evidence in an action by the board against a physician and surgeon based on acts or omissions that are alleged to be grounds for discipline.\n(e) Participation in the program shall not be a defense to any disciplinary action that may be taken by the board. This section does not preclude the board from commencing disciplinary action against a physician and surgeon who is terminated unsuccessfully from the program. However, that disciplinary action shall not include as evidence any confidential information unless authorized by this article.\n2340.8.\n(a) The Physician and Surgeon Health and Wellness Program Account is hereby established within the Contingent Fund of the Medical Board of California. Any fees collected by the board pursuant to subdivision (b) shall be deposited in the Physician and Surgeon Health and Wellness Program Account and shall be available, upon appropriation by the Legislature, for the support of the program.\n(b) The board shall adopt regulations to determine the appropriate fee that a physician and surgeon participating in the program shall provide to the board. The fee amount adopted by the board shall be set at a level sufficient to cover all costs for participating in the program, including any administrative costs incurred by the board to administer the program.\n(c) Subject to appropriation by the Legislature, the board may use moneys from the Contingent Fund of the Medical Board of California to support the initial costs for the board to establish the program under this article, except these moneys shall not be used to cover any costs for individual physician and surgeon participation in the program.","title":""}
{"_id":"c68","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nOn or before January 1, 2018, the State Board of Equalization shall prepare a report analyzing the impact on the board and those making contributions to the board of lowering the monetary threshold that triggers the requirements of the Quentin L. Kopp Conflict of Interest Act of 1990 (Section 15626 of the Government Code) from two hundred and fifty dollars ($250) to one hundred dollars ($100).\nSECTION 1.\nSection 15626 of the\nGovernment Code\nis amended to read:\n15626.\n(a)This section shall be known, and may be cited, as the Quentin L. Kopp Conflict of Interest Act of 1990.\n(b)Prior to rendering any decision in any adjudicatory proceeding pending before the State Board of Equalization, each member who knows or has reason to know that he or she received a contribution or contributions within the preceding 12 months in an aggregate amount of one hundred dollars ($100) or more from a party or his or her agent, or from any participant or his or her agent, shall disclose that fact on the record of the proceeding.\n(c)A member shall not make, participate in making, or in any way attempt to use his or her official position to influence, the decision in any adjudicatory proceeding pending before the board if the member knows or has reason to know that he or she received a contribution or contributions in an aggregate amount of one hundred dollars ($100) or more within the preceding 12 months from a party or his or her agent, or from any participant or his or her agent, and if the member knows or has reason to know that the participant has a financial interest in the decision, as that term is used in Article 1 (commencing with Section 87100) of Chapter 7 of Title 9.\n(d)Notwithstanding subdivision (c), if a member receives a contribution which would otherwise require disqualification under subdivision (c), and he or she returns the contribution within 30 days from the time he or she knows, or has reason to know, about the contribution and the adjudicatory proceeding pending before the board, his or her participation in the proceeding shall be deemed lawful.\n(e)A party to, or a participant in, an adjudicatory proceeding pending before the board shall disclose on the record of the proceeding any contribution or contributions in an aggregate amount of one hundred dollars ($100) or more made within the preceding 12 months by the party or participant, or his or her agent, to any member of the board.\n(f)When a close corporation is a party to, or a participant in, an adjudicatory proceeding pending before the board, the majority shareholder is subject to the disclosure requirement specified in this section.\n(g)For purposes of this section, if a deputy to the Controller sits at a meeting of the board and votes on behalf of the Controller, the deputy shall disclose contributions made to the Controller and shall disqualify himself or herself from voting pursuant to the requirements of this section.\n(h)For purposes of this section:\n(1)\u201cContribution\u201d has the same meaning prescribed in Section 82015 and the regulations adopted pursuant to that section.\n(2)\u201cParty\u201d means any person who is the subject of an adjudicatory proceeding pending before the board.\n(3)\u201cParticipant\u201d means any person who is not a party but who actively supports or opposes a particular decision in an adjudicatory proceeding pending before the board and who has a financial interest in the decision, as described in Article 1 (commencing with Section 87100) of Chapter 7 of Title 9. A person actively supports or opposes a particular decision if he or she lobbies in person the members or employees of the board, testifies in person before the board, or otherwise acts to influence the members of the board.\n(4)\u201cAgent\u201d means any person who represents a party to or participant in an adjudicatory proceeding pending before the board. If a person acting as an agent is also acting as an employee or member of a law, accounting, consulting, or other firm, or a similar entity or corporation, both the entity or corporation and the person are agents.\n(5)\u201cAdjudicatory proceeding pending before the board\u201d means a matter for adjudication that has been scheduled and appears as an item on a meeting notice of the board as required by Section 11125 as a contested matter for administrative hearing before the board members. A consent calendar matter is not included unless the matter has previously appeared on the calendar as a nonconsent item, or has been removed from the consent calendar for separate discussion and vote, or the item is one about which the member has previously contacted the staff or a party.\n(6)A member knows or has reason to know about a contribution if, after the adjudicatory proceeding first appears on a meeting notice of the board, facts have been brought to the member\u2019s personal attention that he or she has received a contribution which would require disqualification under subdivision (c), or that the member received written notice from the board staff, before commencement of the hearing and before any subsequent decision on the matter, that a specific party, close corporation, or majority shareholder, or agent thereof, or any participant having a financial interest in the matter, or agent thereof, in a specific, named adjudicatory proceeding before the board, made a contribution or contributions within the preceding 12 months in an aggregate amount of one hundred dollars ($100) or more. Each member shall provide board staff with a copy of each of his or her campaign statements at the time each of those statements is filed.\nThe notice of contribution shall be on a form prescribed under rules adopted by the board to provide for staff inquiry of each party, participant, close corporation, and its majority shareholder, and any agent thereof, to determine whether any contribution has been made to a member, and if so, in what aggregate amount and on what date or dates within the 12 months preceding an adjudicatory proceeding or decision.\nIn addition, the staff shall inquire and report on the record as follows:\n(A)Whether any party or participant is a close corporation, and if so, the name of its majority shareholder.\n(B)Whether any agent is an employee or member of any law, accounting, consulting, or other firm, or similar entity or corporation, and if so, its name and address and whether a contribution has been made by any such person, firm, corporation, or entity.\n(i)(1)Any person who knowingly or willfully violates any provision of this section is guilty of a misdemeanor.\n(2)No person convicted of a misdemeanor under this section shall be a candidate for any elective office or act as a lobbyist for a period for four years following the time for filing a notice of appeal has expired, or all possibility of direct attack in the courts of this state has been finally exhausted, unless the court at the time of sentencing specifically determines that this provision shall not be applicable. A plea of nolo contendere shall be deemed a conviction for the purposes of this section.\n(3)In addition to other penalties provided by law, a fine of up to the greater of ten thousand dollars ($10,000), or three times the amount the person failed to disclose or report properly, may be imposed upon conviction for each violation.\n(4)Prosecution for violation of this section shall be commenced within four years after the date on which the violation occurred.\n(5)This section shall not prevent any member of the board from making, or participating in making, a governmental decision to the extent that the member\u2019s participation is legally required for the action or decision to be made. However, the fact that a member\u2019s vote is needed to break a tie does not make the member\u2019s participation legally required.\nSEC. 2.\nNo reimbursement is required by this act pursuant to Section 6 of Article XIII\u2009B 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\u2009B of the California Constitution.","title":""}
{"_id":"c325","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 50199.10 of the Health and Safety Code is amended to read:\n50199.10.\n(a) For purposes of allocating low-income housing credits, the committee is hereby designated as this state\u2019s only housing credit agency for purposes of Section 42(h) of the federal Internal Revenue Code (26 U.S.C. Sec. 42(h)). The committee shall annually determine and shall allocate the state ceiling in accordance with this chapter and in conformity with federal law. The committee shall determine the housing credit ceiling as soon as possible following the effective date of this chapter and thereafter following the commencement of each calendar year. The committee shall undertake any and all responsibilities of housing credit agencies under Section 42 of Title 26 of the United States Code, including entering into regulatory agreements relating to projects that are granted awards.\n(b) The committee shall develop and provide application forms for use by housing credit applicants. The committee shall adopt uniform procedures for submission and review of applications of housing credit applicants, including fees to defray the committee\u2019s costs in administering this chapter. In the committee\u2019s discretion, the fees shall be charged to a housing credit applicant as a condition of submitting an application or as a condition of receiving an allocation or reservation of the state\u2019s current or anticipated housing credit ceiling, or both.\n(c) In addition to allocating the current housing credit ceiling, the committee may reserve a portion of the state\u2019s anticipated housing credit ceiling for a subsequent year for a housing credit applicant.\n(d) As a condition to making an allocation of the housing credit ceiling or a reservation of the anticipated housing credit ceiling for a subsequent year, the committee may require the housing credit applicant receiving the allocation or reservation to deposit with the committee an amount of money as a good-faith undertaking. The committee shall adopt policies for determining when deposits will be required, prescribing procedures for return of deposits, and specifying the circumstances under which the deposits will be forfeited in whole or in part for failure to timely utilize the allocation or reservation provided to the housing credit applicant.\n(e) (1) The committee may make any allocation or reservation of the state\u2019s housing credit ceiling to a housing credit applicant subject to terms and conditions in furtherance of the purposes of this part. The committee may condition an allocation or reservation on the execution of a contract between the housing credit applicant and the committee requiring the housing credit applicant to comply with all the terms of Section 42 of the federal Internal Revenue Code, any applicable state laws, and any additional requirements the committee deems necessary or appropriate to serve the purposes of this chapter, and providing for legal action to obtain specific performance or monetary damages for breach of contract.\n(2) No allocations or reservations shall be made pursuant to this subdivision with respect to projects that do not meet the requirements of the qualified allocation plan, and no allocations or reservations shall be made in amounts that do not meet the requirements of paragraph (2) of subsection (m) of Section 42 of Title 26 of the United States Code.\n(3) (A) With respect to an allocation or reservation, the committee may establish a schedule of fines for violations of the terms and conditions, the regulatory agreement, other agreements, or program regulations. In developing the schedule of fines, the committee shall establish the fines for violations in an amount up to five hundred dollars ($500) per violation or double the amount of the financial gain because of the violation, whichever is greater. Except for serious violations, which shall be defined by the committee, a first-time property owner violator shall be given at least 30 days to correct the violation before a fine is imposed. A violation that has occurred for some time prior to discovery is one violation, but fines may be a recurring amount if the violation is not corrected within a reasonable period of time thereafter, as determined by the committee. A property owner may appeal a fine to the committee.\n(B) By resolution at a public general committee meeting, the committee shall adopt and may revise the schedule of fines, which shall include specific violations of the terms and conditions, the regulatory agreement, other agreements, or program regulations and fine amounts subject to the criteria in subparagraph (A).\n(C) All fines received by the committee shall be deposited in the Housing Rehabilitation Loan Fund established in Section 50661.\n(D) If a fine assessed against a property owner is not paid within six months from the date when the fine was initially assessed by the committee and after reasonable notice has been provided to the property owner, the committee may record a lien against the property. Consistent with Sections 1214 and 1215 of the Civil Code, a lien created pursuant to this paragraph shall not be superior to any lien recorded prior to the recording of this lien.","title":""}
{"_id":"c422","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nThe Legislature finds and declares all of the following:\n(a) California has been a global leader in reducing the emissions of greenhouse gases through the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of Health and Safety Code) and the Governor\u2019s Executive Orders S-3-05 and B-30-15.\n(b) The state has developed a comprehensive climate adaptation strategy document titled \u201cSafeguarding California: Implementation Action Plans\u201d and has established the Integrated Climate Adaptation and Resiliency Program to further coordinate local and regional efforts with the state climate adaptation strategies.\n(c) The state\u2019s existing investment in natural infrastructure, including urban forest canopy, which helps accomplish both carbon sequestration and climate resilience, is at risk due to existing drought conditions.\n(d) The drought has heightened awareness and underscored the importance of sustainable water management.\n(e) Improved water retention and infiltration can greatly reduce reliance on potentially energy-intensive long-distance water imports and thereby reduce emissions of greenhouse gases.\n(f) Through carbon sequestration, the protection and management of natural and working lands and organic waste diversion are both integral to accomplishing the state\u2019s policy to reduce greenhouse gas levels.\n(g) The state has recently developed a strategy to dramatically increase the diversion of organic waste from landfills, with the organic waste being used to create compost and mulch.\n(h) Composting and use of organic waste in improved landscape and healthy soil management have great potential to be cost effective at reducing greenhouse gas levels through improved carbon soil sequestration and may also greatly improve water retention and infiltration of stormwater flows.\n(i) Composting may also provide important environmental and agricultural cobenefits, including reduction of naturally occurring volatile organic compounds and ammonia, and may help the state address agriculture, dairy, and forestry waste in a proper and environmentally responsible manner.\nSEC. 2.\nSection 42649.87 of the Public Resources Code is amended to read:\n42649.87.\n(a) The California Environmental Protection Agency, in coordination with the department, the State Water Resources Control Board, the State Air Resources Board, and the Department of Food and Agriculture, shall develop and implement policies to aid in diverting organic waste from landfills by promoting the use of agricultural, forestry, and urban organic waste as a feedstock for compost and by promoting the appropriate use of that compost throughout the state.\n(b) In developing policies pursuant to subdivision (a), the California Environmental Protection Agency shall promote a goal of reducing at least five million metric tons of greenhouse gas emissions per year through the development and application of compost on working lands, which include, but are not limited to, agricultural land, land used for forestry, and rangeland. The California Environmental Protection Agency shall work with the Department of Food and Agriculture to achieve this goal.\n(c) The\nCalifornia\nSecretary for Environmental Protection Agency and the Secretary of Food and Agriculture shall ensure proper coordination of agency regulations and goals to implement this section. The California Environmental Protection Agency and the Department of Food and Agriculture, with the department, the State Water Resources Control Board, and the State Air Resources Board shall do all of the following:\n(1) Assess the state\u2019s progress towards developing the organic waste processing and recycling infrastructure necessary to meet the state goals specified in Assembly Bill 341 (Chapter 476 of the Statutes of 2011), Assembly Bill 1826 (Chapter 727 of the Statutes of 2014), the State Air Resources Board\u2019s May 2015 Short-Lived Climate Pollutant Reduction Strategy concept paper, and the Department of Food and Agriculture\u2019s Healthy Soils Initiative.\n(2) Meet at least quarterly and consult with interested stakeholders, including, but not limited to, the compost industry, local governments, and environmental organizations, to encourage the continued viability of the state\u2019s organic waste processing and recycling infrastructure.\n(3) Hold at least one public workshop annually to inform the public of actions taken to implement this section and to receive public comment.\n(4)\n(A)\nDevelop recommendations for promoting organic waste processing and recycling infrastructure statewide, which shall be posted on the California Environmental Protection Agency\u2019s Internet Web site no later than January 1, 2017, and updated annually thereafter.\n(B) Develop recommendations for promoting the use of compost throughout the state, which shall be posted on the California Environmental Protection Agency\u2019s Internet Web site no later than January 1, 2018, and updated annually thereafter, and identify an implementing agency for purposes of Section 42649.89.\n(5) Assess state programs to determine how those programs may increase the use of compost for purposes of increasing carbon sequestration in urban and rural areas.\n(d) This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date.\nSEC. 3.\nSection 42649.89 is added to the Public Resources Code, to read:\n42649.89.\n(a) The implementing agency identified pursuant to paragraph (4) of subdivision (c) of Section 42649.87 shall develop a program to implement policies for promoting the use of compost throughout the state, if recommended pursuant to paragraph (4) of subdivision (c) of Section 42649.87.\n(b) For purposes of the program developed pursuant to subdivision (a), the implementing agency shall prioritize projects that utilize the services of community conservation corps, as defined in Section 14507.5, or other local non-profit entities that employ underprivileged youth.\nSEC. 2.\nSEC. 4.\nDivision 45 (commencing with Section 75300) is added to the Public Resources Code, to read:\nDIVISION 45. Community Climate and Drought Resilience Program of 2016\nCHAPTER  1. General Provisions and Definitions\n75300.\nIn enacting this division, it is the intent of the Legislature to do both of the following:\n(a) Establish an innovative natural resource management program that improves carbon sequestration, improves drought preparedness, and helps California communities address the effects of climate change through increased urban forest canopy, carbon soil sequestration, multibenefit stormwater management, organic waste diversion, and community greening.\n(b) Enable opportunities for employment of California\u2019s at-risk youth in climate-friendly landscape management strategies, especially in disadvantaged communities.\n75301.\nThe Department of Forestry and Fire Protection and the Department of Resources Recycling and Recovery, in implementing this division, shall promote policies and incentives that advance all of the following:\n(a) Help urban and rural communities adapt to the effects of climate change.\n(b) Improve water management and drought preparedness.\n(c) Provide workforce training to young men and women in disadvantaged communities.\n(d) Maximize carbon sequestration and ensure the associated greenhouse gas reduction benefits are maintained through both of the following:\n(1) Improvement and continued management of urban forest canopy and carbon soil sequestration.\n(2) Development and application of compost made from organic waste that is diverted from landfills.\n75305.\nFor purposes of this division, the following definitions apply:\n(a) \u201cCalFire\u201d means the Department of Forestry and Fire Protection.\n(b) \u201cCalRecycle\u201d means the Department of Resources Recycling and Recovery.\n(c) \u201cDisadvantaged communities\u201d means communities identified pursuant to Section 39711 of the Health and Safety Code.\nCHAPTER  2. Urban Forestry\n75310.\n(a) CalFire shall review the urban forestry program implemented pursuant to the California Urban Forestry Act of 1978 (Chapter 2 (commencing with Section 4799.06) of Part 2.5 of Division 4), and revise the program, if necessary, to do both of the following:\n(1) Provide funding priority to multibenefit carbon sequestration projects. Eligible project categories shall include, but are not limited to, all of the following:\n(A) Mulching, watering, or pruning.\n(B) The use of onsite water capture, recycled water, and other local water sources.\n(C) Emergency drought response measures that reduce tree mortality, ensure optimal tree health, and preserve the carbon sequestration and climate resilience benefits of the urban forest.\n(2) Establish local or regional targets for urban tree canopy, especially in disadvantaged communities that tend to be most vulnerable to urban heat island effect. These targets shall include urban forest diversity, tree species\u2019 adaptability to anticipated climate change impacts, and other relevant factors.\n(b) CalFire shall develop or update its regulations, as necessary, to implement the requirements of the chapter and shall provide both of the following:\n(1) Planning and technical assistance for eligible applicants assisting disadvantaged communities.\n(2) Guidance to grantees and local governments regarding best practices and metrics for maintaining urban forest health.\n3.\nThe Use of Compost in Farming and Landscaping Practices\n75320.\n(a)By July 1, 2017, CalRecycle, in consultation with relevant state agencies, shall develop and implement a program that provides incentives for the use of compost from organic waste in farming and landscaping practices that increase drought resilience and result in quantifiable reductions in the emissions of greenhouse gases through increased carbon sequestration in urban and rural areas.\n(b)In implementing this program, CalRecycle shall enter into an agreement with state-certified conservation corps to assist community outreach, compost delivery and application, and other urban greening projects that are eligible under the program.\n(c)CalRecycle shall develop and update regulations for the implementation of this chapter.","title":""}
{"_id":"c350","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 55.53 of the Civil Code is amended to read:\n55.53.\n(a) For purposes of this part, a certified access specialist (CASp) shall, upon completion of the inspection of a site, comply with the following:\n(1) For a site that meets applicable standards, if the CASp determines the site meets all applicable construction-related accessibility standards, the CASp shall provide a written inspection report to the requesting party that includes both of the following:\n(A) An identification and description of the inspected structures and areas of the site.\n(B) A signed and dated statement that includes both of the following:\n(i) A statement that, in the opinion of the CASp, the inspected structures and areas of the site meet construction-related accessibility standards. The statement shall clearly indicate whether the determination of the CASp includes an assessment of readily achievable barrier removal.\n(ii) If corrections were made as a result of the CASp inspection, an itemized list of all corrections and dates of completion.\n(2) For a site that has been inspected by a CASp, if the CASp determines that corrections are needed to the site in order for the site to meet all applicable construction-related accessibility standards, the CASp shall provide a signed and dated written inspection report to the requesting party that includes all of the following:\n(A) An identification and description of the inspected structures and areas of the site.\n(B) The date of the inspection.\n(C) A statement that, in the opinion of the CASp, the inspected structures and areas of the site need correction to meet construction-related accessibility standards. This statement shall clearly indicate whether the determination of the CASp includes an assessment of readily achievable barrier removal.\n(D) An identification and description of the structures or areas of the site that need correction and the correction needed.\n(E) A schedule of completion for each of the corrections within a reasonable timeframe.\n(3) The CASp shall provide, within 30 days of the date of the inspection of a business that qualifies for the provisions of subparagraph (A) of paragraph (3) of subdivision (g) of Section 55.56, a copy of a report prepared pursuant to that subparagraph to the business.\n(4) The CASp shall file, within 10 days of inspecting a business pursuant to subparagraph (A) of paragraph (3) of subdivision (g) of Section 55.56, a notice with the State Architect for listing on the State Architect\u2019s Internet Web site, as provided by subdivision (d) of Section 4459.7 of the Government Code, indicating that the CASp has inspected the business, the name and address of the business, the date of the filing, the date of the inspection of the business, the name and license number of the CASp, and a description of the structure or area inspected by the CASp.\n(5) The CASp shall post the notice described in paragraph (4), in a form prescribed by the State Architect, in a conspicuous location within five feet of all public entrances to the building on the date of the inspection and instruct the business to keep it in place until the earlier of either of the following:\n(A) One hundred twenty days after the date of the inspection.\n(B) The date when all of the construction-related violations in the structure or area inspected by the CASp are corrected.\n(b) For purposes of this section, in determining whether the site meets applicable construction-related accessibility standards when there is a conflict or difference between a state and federal provision, standard, or regulation, the state provision, standard, or regulation shall apply unless the federal provision, standard, or regulation is more protective of accessibility rights.\n(c) Every CASp who conducts an inspection of a place of public accommodation shall, upon completing the inspection of the site, provide the building owner or tenant who requested the inspection with the following notice, which the State Architect shall make available as a form on the State Architect\u2019s Internet Web site:\nNOTICE TO PRIVATE PROPERTY OWNER\/TENANT:\nYOU ARE ADVISED TO KEEP IN YOUR RECORDS ANY WRITTEN INSPECTION REPORT AND ANY OTHER DOCUMENTATION CONCERNING YOUR PROPERTY SITE THAT IS GIVEN TO YOU BY A CERTIFIED ACCESS SPECIALIST.\nIF YOU BECOME A DEFENDANT IN A LAWSUIT THAT INCLUDES A CLAIM CONCERNING A SITE INSPECTED BY A CERTIFIED ACCESS SPECIALIST, YOU MAY BE ENTITLED TO A COURT STAY (AN ORDER TEMPORARILY STOPPING ANY LAWSUIT) OF THE CLAIM AND AN EARLY EVALUATION CONFERENCE.\nIN ORDER TO REQUEST THE STAY AND EARLY EVALUATION CONFERENCE, YOU WILL NEED TO VERIFY THAT A CERTIFIED ACCESS SPECIALIST HAS INSPECTED THE SITE THAT IS THE SUBJECT OF THE CLAIM. YOU WILL ALSO BE REQUIRED TO PROVIDE THE COURT AND THE PLAINTIFF WITH THE COPY OF A WRITTEN INSPECTION REPORT BY THE CERTIFIED ACCESS SPECIALIST, AS SET FORTH IN CIVIL CODE SECTION 55.54. THE APPLICATION FORM AND INFORMATION ON HOW TO REQUEST A STAY AND EARLY EVALUATION CONFERENCE MAY BE OBTAINED AT www.courts.ca.gov\/selfhelp-start.htm.\nYOU ARE ENTITLED TO REQUEST, FROM A CERTIFIED ACCESS SPECIALIST WHO HAS CONDUCTED AN INSPECTION OF YOUR PROPERTY, A WRITTEN INSPECTION REPORT AND OTHER DOCUMENTATION AS SET FORTH IN CIVIL CODE SECTION 55.53. YOU ARE ALSO ENTITLED TO REQUEST THE ISSUANCE OF A DISABILITY ACCESS INSPECTION CERTIFICATE, WHICH YOU MAY POST ON YOUR PROPERTY.\n\n\n(d) (1) Commencing July 1, 2010, a local agency shall employ or retain at least one building inspector who is a certified access specialist. The certified access specialist shall provide consultation to the local agency, permit applicants, and members of the public on compliance with state construction-related accessibility standards with respect to inspections of a place of public accommodation that relate to permitting, plan checks, or new construction, including, but not limited to, inspections relating to tenant improvements that may impact access. If a local agency employs or retains two or more certified access specialists to comply with this subdivision, at least one-half of the certified access specialists shall be building inspectors who are certified access specialists.\n(2) (A) Commencing January 1, 2021, all building inspectors employed or retained by a local agency who conduct permitting and plan check services to review for compliance with state construction-related accessibility standards by a place of public accommodation with respect to new construction or renovation, including, but not limited to, projects relating to tenant improvements that may impact access, shall be certified access specialists.\n(B) New employees employed or retained by a local agency on or after January 1, 2018, and who will conduct permitting and plan check services to review for compliance with state construction-related accessibility standards by a place of public accommodation shall be certified access specialists within\n24\n36\nmonths of their initial date of employment.\n(3) If a permit applicant or member of the public requests consultation from a certified access specialist, the local agency may charge an amount limited to a reasonable hourly rate, an estimate of which shall be provided upon request in advance of the consultation. A local government may additionally charge or increase permitting, plan check, or inspection fees to the extent necessary to offset the costs of complying with this subdivision. Any revenues generated from an hourly or other charge or fee increase under this subdivision shall be used solely to offset the costs incurred to comply with this subdivision. A CASp inspection pursuant to subdivision (a) by a building inspector who is a certified access specialist shall be treated equally for legal and evidentiary purposes as an inspection conducted by a private CASp. Nothing in this subdivision shall preclude permit applicants or any other person with a legal interest in the property from retaining a private CASp at any time.\n(e) (1) Every CASp who completes an inspection of a place of public accommodation shall, upon a determination that the site meets applicable standards pursuant to paragraph (1) of subdivision (a) or is inspected by a CASp pursuant to paragraph (2) of subdivision (a), provide the building owner or tenant requesting the inspection with a numbered disability access inspection certificate indicating that the site has undergone inspection by a certified access specialist. The disability access inspection certificate shall be dated and signed by the CASp inspector, and shall contain the inspector\u2019s name and license number. Upon issuance of a certificate, the CASp shall record the issuance of the numbered certificate, the name and address of the recipient, and the type of report issued pursuant to subdivision (a) in a record book the CASp shall maintain for that purpose.\n(2) Beginning March 1, 2009, the State Architect shall make available for purchase by any local building department or CASp sequentially numbered disability access inspection certificates that are printed with a watermark or other feature to deter forgery and that comply with the information requirements specified in subdivision (a).\n(3) The disability access inspection certificate may be posted on the premises of the place of public accommodation, unless, following the date of inspection, the inspected site has been modified or construction has commenced to modify the inspected site in a way that may impact compliance with construction-related accessibility standards.\n(f) Nothing in this section or any other law is intended to require a property owner or tenant to hire a CASp. A property owner\u2019s or tenant\u2019s election not to hire a CASp shall not be admissible to prove that person\u2019s lack of intent to comply with the law.\nSEC. 2.\nSection 4459.5 of the Government Code is amended to read:\n4459.5.\n(a) The State Architect shall establish and publicize a program for voluntary certification by the state of any person who meets specified criteria as a certified access specialist. No later than January 1, 2005, the State Architect shall determine minimum criteria a person is required to meet to be a certified access specialist, which may include knowledge sufficient to review, inspect, or advocate universal design requirements, completion of specified training, and testing on standards governing access to buildings, including but not limited to housing, for persons with disabilities.\n(b) The State Architect may implement the program described in subdivision (a) with startup funds derived, as a loan, from the reserve of the Public School Planning, Design, and Construction Review Revolving Fund, upon appropriation by the Legislature. That loan shall be repaid when sufficient fees have been collected pursuant to Section 4459.8.\n(c) The State Architect is authorized to work with various training organizations to ensure an adequate level of training and educational efforts are provided on a statewide basis to prepare individuals to become access specialists as required by paragraph (2) of subdivision (d) of Section 55.53 of the Civil Code.\n(d) On or before January 1, 2018, the State Architect shall commence testing and certification of individuals as certified access specialists at a level commensurate with the demand attributed to compliance with paragraph (2) of subdivision (d) of Section 55.53 of the Civil Code.\nSEC. 3.\nSection 4467 of the Government Code is amended to read:\n4467.\n(a) (1) (A) On and after January 1, 2017, through December 31, 2019, any applicant for a local business license or equivalent instrument or permit, and\nfrom\nany applicant for the renewal of a business license or equivalent instrument or permit, shall pay an additional fee of four dollars ($4) for that license, instrument, or permit, which shall be collected by the city, county, or city and county that issues the license, instrument, or permit.\n(B) On and after January 1, 2017, through December 31, 2019, in any city, county, or city and county that does not issue business licenses or an equivalent instrument or permit, any applicant for a building permit shall pay an additional fee of four dollars ($4) for that building permit, which shall be collected by the city, county, or city and county that issued the building permit.\n(2) (A) On and after January 1, 2020, any applicant for a local business license or equivalent instrument or permit, and\nfrom\nany applicant for the renewal of a business license or equivalent instrument or permit, shall pay an additional fee of one dollar ($1) for that license, instrument, or permit, which shall be collected by the city, county, or city and county that issues the license, instrument, or permit.\n(B) On and after January 1, 2020, in any city, county, or city and county that does not issue business licenses or an equivalent instrument or permit, any applicant for a building permit shall pay an additional fee of one dollar ($1) for that building permit, which shall be collected by the city, county, or city and county that issued the building permit.\n(b) On and after January 1, 2017, through December 31, 2019, the city, county, or city and county shall retain 90 percent, and on and after January 1, 2020, the city, county, or city and county shall retain 70 percent, of the fees collected under this section, of which up to 5 percent of the retained moneys may be used for related administrative costs of this chapter. The remaining moneys shall be placed by the city, county, or city and county in a special fund established by the city, county, or city and county, to be known as the \u201cCASp Certification and Training Fund.\u201d The fees collected in a CASp Certification and Training Fund shall be used for increased certified access specialist training and certification in that local jurisdiction and to facilitate compliance with construction-related accessibility requirements. The highest priority shall be given to the training and retention of certified access specialists to meet the needs of the public in the jurisdiction as provided in Section 55.53 of the Civil Code.\n(c) On and after January 1, 2017, through December 31, 2019, the remaining 10 percent of all fees collected under this section, and on and after January 1, 2020, the remaining 30 percent of all fees collected under this section, shall be transmitted on a quarterly basis to the Division of the State Architect for deposit in the Disability Access and Education Revolving Fund established under Sections 4465 and 4470. The funds shall be transmitted within 15 days of the last day of the fiscal quarter. The Division of the State Architect shall develop and post on its Internet Web site a standard reporting form for use by all local jurisdictions. Up to 75 percent of the collected funds in the Disability Access and Education Revolving Fund shall be used to establish and maintain oversight of the CASp program and to moderate the expense of CASp certification and testing.\n(d) Each city, county, or city and county shall make an annual report, commencing March 1, 2014, to the Division of the State Architect of the total fees collected in the previous calendar year and of its distribution, including the moneys spent on administrative services, the activities undertaken and moneys spent to increase CASp training, certification, and services, the activities undertaken and moneys spent to fund programs to facilitate accessibility compliance, and the moneys transmitted to the Disability Access and Education Revolving Fund.\nSEC. 4.\nIf 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.","title":""}
{"_id":"c407","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 9002 of the Health and Safety Code is amended to read:\n9002.\nThe definitions in Chapter 1 (commencing with Section 7000) of Part 1 of Division 7 apply to this part. Further, as used in this part, the following terms have the following meanings:\n(a) \u201cActive militia\u201d means the active militia as defined by Section 120 of the Military and Veterans Code.\n(b) \u201cArmed services\u201d means the armed services as defined by Section 18540 of the Government Code.\n(c) \u201cBoard of trustees\u201d means the legislative body of a district.\n(d) \u201cDistrict\u201d means a public cemetery district created pursuant to this part or any of its statutory predecessors.\n(e) \u201cDomestic partner\u201d means two adults who have chosen to share one another\u2019s lives in an intimate and committed relationship of mutual caring, and are qualified and registered with the Secretary of State as domestic partners in accordance with Division 2.5 of the Family Code.\n(f) \u201cFamily member\u201d means any spouse, by marriage or otherwise, domestic partner, child or stepchild, by natural birth or adoption, parent, brother, sister, half-brother, half-sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, first cousin, or any person denoted by the prefix \u201cgrand\u201d or \u201cgreat,\u201d or the spouse of any of these persons.\n(g) \u201cFirefighter\u201d means a firefighter as defined by Section 1797.182.\n(h) (1) \u201cInterment right\u201d means the rights held by the owner to use or control the use of a plot authorized by this part, for the interment of human remains, including both of the following rights:\n(A) To determine the number and identity of any person or persons to be interred in the plot within a cemetery in conformance with all applicable regulations adopted by the cemetery district.\n(B) To control the placement, design, wording, and removal of memorial markers in compliance with all applicable regulations adopted by the cemetery district.\n(2) An interment right is a transferable property interest, and is governed by Chapter 5.5 (commencing with Section 9069.10).\n(i) \u201cNonresident\u201d means a person who does not reside within a district or does not pay property taxes on property located in a district.\n(j) \u201cPeace officer\u201d means a peace officer as defined by Section 830 of the Penal Code.\n(k) \u201cPrincipal county\u201d means the county having all or the greater portion of the entire assessed value, as shown on the last equalized assessment roll of the county or counties, of all taxable property within a district.\n(l) \u201cVoter\u201d means a voter as defined by Section 359 of the Elections Code.\nSEC. 2.\nChapter 5.5 (commencing with Section 9069.10) is added to Part 4 of Division 8 of the Health and Safety Code, to read:\nCHAPTER  5.5. Interment Rights\n9069.10.\nAn interment right does not include the right for disinterment of human remains except on consent of the cemetery district and the written consent of the surviving spouse, child, parent, or sibling, in that order of priority.\n9069.15.\n(a) This chapter does not apply to, or prohibit, the removal of remains from one plot to another in the same cemetery or the removal of remains by a cemetery district upon the written order of any of the following:\n(1) The superior court of the county in which the cemetery is located.\n(2) The coroner having jurisdiction of the location of the cemetery.\n(3) The health department having jurisdiction of the cemetery.\n(b) The cemetery district shall maintain a duplicate copy of an order pursuant to subdivision (a).\n(c) The cemetery district shall retain a true and correct record of a removal of remains pursuant to subdivision (a) that includes all of the following:\n(1) The date the remains were removed.\n(2) The name and the age at death of the person whose remains were removed if available.\n(3) The cemetery and plot from which the remains were removed.\n(4) (A) If the removed remains are reinterred, the plot number, cemetery name, and location to which the remains were reinterred.\n(B) If the removed remains are disposed of other than by being reinterred, a record of the alternate disposition.\n(5) If the removed remains are reinterred at the cemetery, the date of reinterment.\n(d) The person making the removal shall deliver to the cemetery district operating the cemetery from which the remains were removed a true, full, and complete copy of the record containing all of the information specified in subdivision (c).\n9069.20.\n(a) An interment right provides a transferable property interest to the person listed as the owner in the records of the cemetery district, subject to any written designation to the contrary signed by the owner and deposited with the cemetery district, or to the owner\u2019s successor pursuant to either this section or subdivision (a) of Section 9069.25. An interment right shall not be construed as conferring title to the property burdened by the transferable property interest.\n(b) The owner of record of an interment right may designate in writing the person or persons, other than the owner of record, who may be interred in the plot to which the owner holds the interment right.\n(c) The owner of an interment right shall, at the time of purchase, designate a successor owner or owners of the interment right in a signed written designation deposited with the district.\n(d) Use of an interment right transferred from the owner to a successor pursuant to subdivision (c) shall be made in compliance with applicable provisions of state and local law, and of applicable requirements or policies established by the district board of trustees.\n9069.25.\n(a) If the owner of an interment right dies without making a valid and enforceable disposition of the interment right by a specific devise in a testamentary device, or by a written designation pursuant to subdivision (c) of Section 9069.20, the interment right shall pass according to the laws of intestate succession as set forth in Sections 6400 to 6413, inclusive, of the Probate Code. In the event that the owner has no heirs at law, the district shall follow the abandonment procedures established under Section 9069.\n(b) A surviving spouse, registered domestic partner, child, parent, or heir who has an interment right pursuant to this section may waive that interment right in favor of any other relative of the deceased owner or spouse of a relative of the deceased owner.\n9069.30.\nWhen a public cemetery district acts to transfer ownership rights or make an interment on the basis of the affidavit, given under penalty of perjury pursuant to Section 9069.35, the district, and any employee or trustee of the district, shall not be liable for any claims, losses, or damages asserted in any action unless the district had actual knowledge that the facts stated in writing are false.\n9069.35.\nA person who purports to be the successor owner of an interment right shall execute a written affidavit declaring, under penalty of perjury, all of the following:\n(a) He or she is the person entitled to succeed to the interment right pursuant to Section 9069.20.\n(b) He or she has exerted all reasonable efforts to find other persons who may have an equal or higher claim to succeed to the interment right.\n(c) He or she is unaware, to the best of his or her knowledge, of any opposition challenging his or her right to succeed to the interment right.\n9069.40.\nUpon the sale to a person of a plot in a cemetery within a district, the district shall notify the purchaser, in writing, of any interment rights, that this chapter governs the succession of ownership of the interment rights, and the district\u2019s duly adopted policies, rules, and regulations governing the use, sale, or other transfer of interment rights.\nSEC. 3.\nNo reimbursement is required by this act pursuant to Section 6 of Article XIII\u2009B 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\u2009B of the California Constitution.\nHowever, 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.","title":""}
{"_id":"c260","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 281 of the Public Utilities Code is amended to read:\n281.\n(a) The commission shall develop, implement, and administer the California Advanced Services Fund program to encourage deployment of high-quality advanced communications services to all Californians that will promote economic growth, job creation, and the substantial social benefits of advanced information and communications technologies, consistent with this section.\n(b) (1) The goal of the program is, no later than December 31, 2015, to approve funding for infrastructure projects that will provide broadband access to no less than 98 percent of California households.\n(2) In approving infrastructure projects, the commission shall give priority to projects that provide last-mile broadband access to households that are unserved by an existing facilities-based broadband provider. The commission shall provide each applicant, and any party challenging an application, the opportunity to demonstrate actual levels of broadband service in the project area, which the commission shall consider in reviewing the application.\n(c) The commission shall establish the following accounts within the fund:\n(1) The Broadband Infrastructure Grant Account.\n(2) The Rural and Urban Regional Broadband Consortia Grant Account.\n(3) The Broadband Infrastructure Revolving Loan Account.\n(4) The Broadband Public Housing Account.\n(d) (1) All moneys collected by the surcharge authorized by the commission pursuant to Decision 07-12-054 shall be transmitted to the commission pursuant to a schedule established by the commission. The commission shall transfer the moneys received to the Controller for deposit in the California Advanced Services Fund. Moneys collected on and after January 1, 2011, shall be deposited in the following amounts in the following accounts:\n(A) One hundred ninety million dollars ($190,000,000) into the Broadband Infrastructure Grant Account.\n(B) Fifteen million dollars ($15,000,000) into the Rural and Urban Regional Broadband Consortia Grant Account.\n(C) Ten million dollars ($10,000,000) into the Broadband Infrastructure Revolving Loan Account.\n(2) All interest earned on moneys in the fund shall be deposited in the fund.\n(3) The commission shall not collect moneys, by imposing the surcharge described in paragraph (1) for deposit in the fund, in an amount that exceeds one hundred million dollars ($100,000,000) before January 1, 2011. On and after January 1, 2011, the commission may collect an additional sum not to exceed two hundred fifteen million dollars ($215,000,000), for a sum total of moneys collected by imposing the surcharge described in paragraph (1) not to exceed three hundred fifteen million dollars ($315,000,000). The commission may collect the additional sum beginning with the calendar year starting on January 1, 2011, and continuing through the 2020 calendar year, in an amount not to exceed twenty-five million dollars ($25,000,000) per year, unless the commission determines that collecting a higher amount in any year will not result in an increase in the total amount of all surcharges collected from telephone customers that year.\n(e) (1) All moneys in the California Advanced Services Fund shall be available, upon appropriation by the Legislature, to the commission for the program administered by the commission pursuant to this section, including the costs incurred by the commission in developing, implementing, and administering the program and the fund.\n(2) Notwithstanding any other law and for the sole purpose of providing matching funds pursuant to the federal American Recovery and Reinvestment Act of 2009 (Public Law 111-5), any entity eligible for funding pursuant to that act shall be eligible to apply to participate in the program administered by the commission pursuant to this section, if that entity otherwise satisfies the eligibility requirements under that program. Nothing in this section shall impede the ability of an incumbent local exchange carrier, as defined by subsection (h) of Section 251 of Title 47 of the United States Code, that is regulated under a rate of return regulatory structure, to recover, in rate base, California infrastructure investment not provided through federal or state grant funds for facilities that provide broadband service and California intrastate voice service.\n(3) Notwithstanding subdivision (b) of Section 270, an entity that is not a telephone corporation shall be eligible to apply to participate in the program administered by the commission pursuant to this section to provide access to broadband to an unserved or underserved household, as defined in commission Decision 12-02-015, if the entity otherwise meets the eligibility requirements and complies with program requirements established by the commission. These requirements shall include all of the following:\n(A) That projects under this paragraph provide last-mile broadband access to households that are unserved by an existing facilities-based broadband provider and only receive funding to provide broadband access to households that are unserved or underserved, as defined in commission Decision 12-02-015.\n(B) That funding for a project providing broadband access to an underserved household shall not be approved until after any existing facilities-based provider has an opportunity to demonstrate to the commission that it will, within a reasonable timeframe, upgrade existing service. An existing facilities-based provider may, but is not required to, apply for funding under this section to make that upgrade.\n(C) That the commission shall provide each applicant, and any party challenging an application, the opportunity to demonstrate actual levels of broadband service in the project area, which the commission shall consider in reviewing the application.\n(D) That a local governmental agency may be eligible for an infrastructure grant only if the infrastructure project is for an unserved household or business, the commission has conducted an open application process, and no other eligible entity applied.\n(E) That the commission shall establish a service list of interested parties to be notified of California Advanced Services Fund applications.\n(f) Moneys in the Rural and Urban Regional Broadband Consortia Grant Account shall be available for grants to eligible consortia to fund the cost of broadband deployment activities other than the capital cost of facilities, as specified by the commission. An eligible consortium may include, as specified by the commission, representatives of organizations, including, but not limited to, local and regional government, public safety, elementary and secondary education, health care, libraries, postsecondary education, community-based organizations, tourism, parks and recreation, agricultural, and business, and is not required to have as its lead fiscal agent an entity with a certificate of public convenience and necessity.\n(g) Moneys in the Broadband Infrastructure Revolving Loan Account shall be available to finance capital costs of broadband facilities not funded by a grant from the Broadband Infrastructure Grant Account. The commission shall periodically set interest rates on the loans based on surveys of existing financial markets.\n(h) (1) For purposes of this subdivision, the following terms have the following meanings:\n(A) \u201cPublicly subsidized\u201d means either that the housing development receives financial assistance from the United States Department of Housing and Urban Development pursuant to an annual contribution contract or is financed with low-income housing tax credits, tax-exempt mortgage revenue bonds, general obligation bonds, or local, state, or federal loans or grants and the rents of the occupants, who are lower income households, do not exceed those prescribed by deed restrictions or regulatory agreements pursuant to the terms of the financing or financial assistance.\n(B) \u201cPublicly supported community\u201d means a publicly subsidized multifamily housing development that is wholly owned by either of the following:\n(i) A public housing agency that has been chartered by the state, or by any city or county in the state, and has been determined to be an eligible public housing agency by the United States Department of Housing and Urban Development.\n(ii) An incorporated nonprofit organization as described in Section 501(c)(3) of the Internal Revenue Code (26 U.S.C. Sec. 501(c)(3)) that is exempt from taxation under Section 501(a) of that code (16 U.S.C. Sec. 501(a)), and that has received public funding to subsidize the construction or maintenance of housing occupied by residents whose annual income qualifies as \u201clow\u201d or \u201cvery low\u201d income according to federal poverty guidelines.\n(2) Notwithstanding subdivision (b) of Section 270, moneys in the Broadband Public Housing Account shall be available for the commission to award grants and loans pursuant to this subdivision to an eligible publicly supported community if that entity otherwise meets eligibility requirements and complies with program requirements established by the commission.\n(3) Not more than twenty million dollars ($20,000,000) shall be available for grants and loans to a publicly supported community to finance a project to connect a broadband network to that publicly supported community. A publicly supported community may be an eligible applicant only if the publicly supported community can verify to the commission that the publicly supported community has not denied a right of access to any broadband provider that is willing to connect a broadband network to the facility for which the grant or loan is sought.\n(4) (A) Not more than five million dollars ($5,000,000) shall be available for grants and loans to a publicly supported community to support programs designed to increase adoption rates for broadband services for residents of that publicly supported community. A publicly supported community may be eligible for funding for a broadband adoption program only if the residential units in the facility to be served have access to broadband services or will have access to broadband services at the time the funding for adoption is implemented.\n(B) A publicly supported community may contract with other nonprofit or public agencies to assist in implementation of a broadband adoption program.\n(5) To the extent feasible, the commission shall approve projects for funding from the Broadband Public Housing Account in a manner that reflects the statewide distribution of publicly supported communities.\n(6) In reviewing a project application under this subdivision, the commission shall consider the availability of other funding sources for that project, any financial contribution from the broadband service provider to the project, the availability of any other public or private broadband adoption or deployment program, including tax credits and other incentives, and whether the applicant has sought funding from, or participated in, any reasonably available program. The commission may require an applicant to provide match funding, and shall not deny funding for a project solely because the applicant is receiving funding from another source.\n(7) (A) To provide funding for the purposes of this subdivision, the commission shall transfer to the Broadband Public Housing Account twenty million dollars ($20,000,000) from the Broadband Infrastructure Grant Account and five million dollars ($5,000,000) from the Broadband Revolving Loan Account. Any moneys in the Broadband Public Housing Account that have not been awarded pursuant to this subdivision by December 31, 2016, shall be transferred back to the Broadband Infrastructure Grant Account and Broadband Infrastructure Revolving Loan Account in proportion to the amount transferred from the respective accounts.\n(B) The commission shall transfer funds pursuant to subparagraph (A) only if the commission is otherwise authorized to collect funds for purposes of this section in excess of the total amount authorized pursuant to paragraph (3) of subdivision (d).\n(i) (1) The commission shall conduct two interim financial audits and a final financial audit and two interim performance audits and a final performance audit of the implementation and effectiveness of the California Advanced Services Fund to ensure that funds have been expended in accordance with the approved terms of the grant awards and loan agreements and this section. The commission shall report its interim findings to the Legislature by April 1, 2011, and April 1, 2017. The commission shall report its final findings to the Legislature by April 1, 2021. The reports shall also include an update to the maps in the final report of the California Broadband Task Force and data on the types and numbers of jobs created as a result of the program administered by the commission pursuant to this section.\n(2) (A) The requirement for submitting a report imposed under paragraph (1) is inoperative on January 1, 2022, pursuant to Section 10231.5 of the Government Code.\n(B) A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.\n(j) (1) Beginning on January 1, 2012, and annually thereafter, the commission shall provide a report to the Legislature that includes all of the following information:\n(A) The amount of funds expended from the California Advanced Services Fund in the prior year.\n(B) The recipients of funds expended from the California Advanced Services Fund in the prior year.\n(C) The geographic regions of the state affected by funds expended from the California Advanced Services Fund in the prior year.\n(D) The expected benefits to be derived from the funds expended from the California Advanced Services Fund in the prior year.\n(E) Actual broadband adoption levels from the funds expended from the California Advanced Services Fund in the prior year.\n(F) The amount of funds expended from the California Advanced Services Fund used to match federal funds.\n(G) An update on the expenditures from California Advanced Services Fund and broadband adoption levels, and an accounting of remaining unserved and underserved households and areas of the state.\n(H) The status of the California Advanced Services Fund balance and the projected amount to be collected in each year through 2020 to fund approved projects.\n(2) (A) The requirement for submitting a report imposed under paragraph (1) is inoperative on January 1, 2021, pursuant to Section 10231.5 of the Government Code.\n(B) A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.\nSEC. 2.\nThis 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:\nThe immediate continuation of assistance with broadband deployment is a primary purpose of the Rural and Urban Regional Broadband Consortia Grant Account. In order to ensure funding for regular broadband consortia activities, adequate funding must be made available. The Rural and Urban Regional Broadband Consortia Grant Account has been exhausted and unless moneys are made available immediately, deployment activities could cease.","title":""}
{"_id":"c110","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 120325 of the Health and Safety Code is amended to read:\n120325.\nIn enacting this chapter, but excluding Section 120380, and in enacting Sections 120400, 120405, 120410, and 120415, it is the intent of the Legislature to provide:\n(a) A means for the eventual achievement of total immunization of appropriate age groups against the following childhood diseases:\n(1) Diphtheria.\n(2) Hepatitis B.\n(3) Haemophilus influenzae type b.\n(4) Measles.\n(5) Mumps.\n(6) Pertussis (whooping cough).\n(7) Poliomyelitis.\n(8) Rubella.\n(9) Tetanus.\n(10) Varicella (chickenpox).\n(11) Any other disease deemed appropriate by the department, taking into consideration the recommendations of the Advisory Committee on Immunization Practices of the United States Department of Health and Human Services, the American Academy of Pediatrics, and the American Academy of Family Physicians.\n(b) That the persons required to be immunized be allowed to obtain immunizations from whatever medical source they so desire, subject only to the condition that the immunization be performed in accordance with the regulations of the department and that a record of the immunization is made in accordance with the regulations.\n(c) Exemptions from immunization for medical reasons.\n(d) For the keeping of adequate records of immunization so that health departments, schools, and other institutions, parents or guardians, and the persons immunized will be able to ascertain that a child is fully or only partially immunized, and so that appropriate public agencies will be able to ascertain the immunization needs of groups of children in schools or other institutions.\n(e) Incentives to public health authorities to design innovative and creative programs that will promote and achieve full and timely immunization of children.\nSEC. 2.\nSection 120335 of the Health and Safety Code is amended to read:\n120335.\n(a) As used in this chapter, \u201cgoverning authority\u201d means the governing board of each school district or the authority of each other private or public institution responsible for the operation and control of the institution or the principal or administrator of each school or institution.\n(b) The governing authority shall not unconditionally admit any person as a pupil of any private or public elementary or secondary school, child care center, day nursery, nursery school, family day care home, or development center, unless, prior to his or her first admission to that institution, he or she has been fully immunized. The following are the diseases for which immunizations shall be documented:\n(1) Diphtheria.\n(2) Haemophilus influenzae type b.\n(3) Measles.\n(4) Mumps.\n(5) Pertussis (whooping cough).\n(6) Poliomyelitis.\n(7) Rubella.\n(8) Tetanus.\n(9) Hepatitis B.\n(10) Varicella (chickenpox).\n(11) Any other disease deemed appropriate by the department, taking into consideration the recommendations of the Advisory Committee on Immunization Practices of the United States Department of Health and Human Services, the American Academy of Pediatrics, and the American Academy of Family Physicians.\n(c) Notwithstanding subdivision (b), full immunization against hepatitis B shall not be a condition by which the governing authority shall admit or advance any pupil to the 7th grade level of any private or public elementary or secondary school.\n(d) The governing authority shall not unconditionally admit or advance any pupil to the 7th grade level of any private or public elementary or secondary school unless the pupil has been fully immunized against pertussis, including all pertussis boosters appropriate for the pupil\u2019s age.\n(e) The department may specify the immunizing agents that may be utilized and the manner in which immunizations are administered.\n(f) This section does not apply to a pupil in a home-based private school or a pupil who is enrolled in an independent study program pursuant to Article 5.5 (commencing with Section 51745) of Chapter 5 of Part 28 of the Education Code and does not receive classroom-based instruction.\n(g) (1) A pupil who, prior to January 1, 2016, submitted a letter or affidavit on file at a private or public elementary or secondary school, child day care center, day nursery, nursery school, family day care home, or development center stating beliefs opposed to immunization shall be allowed enrollment to any private or public elementary or secondary school, child day care center, day nursery, nursery school, family day care home, or development center within the state until the pupil enrolls in the next grade span.\n(2) For purposes of this subdivision, \u201cgrade span\u201d means each of the following:\n(A) Birth to preschool.\n(B) Kindergarten and grades 1 to 6, inclusive, including transitional kindergarten.\n(C) Grades 7 to 12, inclusive.\n(3) Except as provided in this subdivision, on and after July 1, 2016, the governing authority shall not unconditionally admit to any of those institutions specified in this subdivision for the first time, or admit or advance any pupil to 7th grade level, unless the pupil has been immunized for his or her age as required by this section.\n(h) This section does not prohibit a pupil who qualifies for an individualized education program, pursuant to federal law and Section 56026 of the Education Code, from accessing any special education and related services required by his or her individualized education program.\nSEC. 3.\nSection 120338 is added to the Health and Safety Code, to read:\n120338.\nNotwithstanding Sections 120325 and 120335, any immunizations deemed appropriate by the department pursuant to paragraph (11) of subdivision (a) of Section 120325 or paragraph (11) of subdivision (b) of Section 120335, may be mandated before a pupil\u2019s first admission to any private or public elementary or secondary school, child care center, day nursery, nursery school, family day care home, or development center, only if exemptions are allowed for both medical reasons and personal beliefs.\nSEC. 4.\nSection 120365 of the Health and Safety Code is repealed.\nSEC. 5.\nSection 120370 of the Health and Safety Code is amended to read:\n120370.\n(a) If the parent or guardian files with the governing authority a written statement by a licensed physician to the effect that the physical condition of the child is such, or medical circumstances relating to the child are such, that immunization is not considered safe, indicating the specific nature and probable duration of the medical condition or circumstances, including, but not limited to, family medical history, for which the physician does not recommend immunization, that child shall be exempt from the requirements of Chapter 1 (commencing with Section 120325, but excluding Section 120380) and Sections 120400, 120405, 120410, and 120415 to the extent indicated by the physician\u2019s statement.\n(b) If there is good cause to believe that a child has been exposed to a disease listed in subdivision (b) of Section 120335 and his or her documentary proof of immunization status does not show proof of immunization against that disease, that child may be temporarily excluded from the school or institution until the local health officer is satisfied that the child is no longer at risk of developing or transmitting the disease.\nSEC. 6.\nSection 120375 of the Health and Safety Code is amended to read:\n120375.\n(a) The governing authority of each school or institution included in Section 120335 shall require documentary proof of each entrant\u2019s immunization status. The governing authority shall record the immunizations of each new entrant in the entrant\u2019s permanent enrollment and scholarship record on a form provided by the department. The immunization record of each new entrant admitted conditionally shall be reviewed periodically by the governing authority to ensure that within the time periods designated by regulation of the department he or she has been fully immunized against all of the diseases listed in Section 120335, and immunizations received subsequent to entry shall be added to the pupil\u2019s immunization record.\n(b) The governing authority of each school or institution included in Section 120335 shall prohibit from further attendance any pupil admitted conditionally who failed to obtain the required immunizations within the time limits allowed in the regulations of the department, unless the pupil is exempted under Section 120370, until that pupil has been fully immunized against all of the diseases listed in Section 120335.\n(c) The governing authority shall file a written report on the immunization status of new entrants to the school or institution under their jurisdiction with the department and the local health department at times and on forms prescribed by the department. As provided in paragraph (4) of subdivision (a) of Section 49076 of the Education Code, the local health department shall have access to the complete health information as it relates to immunization of each student in the schools or other institutions listed in Section 120335 in order to determine immunization deficiencies.\n(d) The governing authority shall cooperate with the county health officer in carrying out programs for the immunization of persons applying for admission to any school or institution under its jurisdiction. The governing board of any school district may use funds, property, and personnel of the district for that purpose. The governing authority of any school or other institution may permit any licensed physician or any qualified registered nurse as provided in Section 2727.3 of the Business and Professions Code to administer immunizing agents to any person seeking admission to any school or institution under its jurisdiction.","title":""}
{"_id":"c148","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 14105.94 of the Welfare and Institutions Code is amended to read:\n14105.94.\n(a) An eligible provider, as described in subdivision (b), may, in addition to the rate of payment that the provider would otherwise receive for Medi-Cal ground emergency medical transportation services, receive supplemental Medi-Cal reimbursement to the extent provided in this section.\n(b) A provider shall be eligible for supplemental reimbursement only if the provider has all of the following characteristics continuously during a state fiscal year:\n(1) Provides ground emergency medical transportation services to Medi-Cal beneficiaries.\n(2) Is a provider that is enrolled as a Medi-Cal provider for the period being claimed.\n(3) Is owned or operated by the state, a city, county, city and county, fire protection district organized pursuant to Part 2.7 (commencing with Section 13800) of Division 12 of the Health and Safety Code, special district organized pursuant to Chapter 1 (commencing with Section 58000) of Division 1 of Title 6 of the Government Code, community services district organized pursuant to Part 1 (commencing with Section 61000) of Division 3 of Title 6 of the Government Code, health care district organized pursuant to Chapter 1 (commencing with Section 32000) of Division 23 of the Health and Safety Code, or a federally recognized Indian tribe.\n(c) An eligible provider\u2019s supplemental reimbursement pursuant to this section shall be calculated and paid as follows:\n(1) The supplemental reimbursement to an eligible provider, as described in subdivision (b), shall be equal to the amount of federal financial participation received as a result of the claims submitted pursuant to paragraph (2) of subdivision (f).\n(2) In no instance shall the amount certified pursuant to paragraph (1) of subdivision (e), when combined with the amount received from all other sources of reimbursement from the Medi-Cal program, exceed 100 percent of actual costs, as determined pursuant to the Medi-Cal State Plan, for ground emergency medical transportation services.\n(3) The supplemental Medi-Cal reimbursement provided by this section shall be distributed exclusively to eligible providers under a payment methodology based on ground emergency medical transportation services provided to Medi-Cal beneficiaries by eligible providers on a per-transport basis or other federally permissible basis. The department may, to the extent permitted under federal law and regulations, provide supplemental reimbursement for the cost of paramedic services at a rate of payment equal to cost. The department shall obtain approval from the federal Centers for Medicare and Medicaid Services for the payment methodology to be utilized, and shall not make any payment pursuant to this section prior to obtaining that approval.\n(d) (1) It is the Legislature\u2019s intent in enacting this section to provide the supplemental reimbursement described in this section without any expenditure from the General Fund. An eligible provider, as a condition of receiving supplemental reimbursement pursuant to this section, shall enter into, and maintain, an agreement with the department for the purposes of implementing this section and reimbursing the department for the costs of administering this section.\n(2) The nonfederal share of the supplemental reimbursement submitted to the federal Centers for Medicare and Medicaid Services for purposes of claiming federal financial participation shall be paid only with funds from the governmental entities described in paragraph (3) of subdivision (b) and certified to the state as provided in subdivision (e).\n(e) Participation in the program by an eligible provider described in this section is voluntary. If an applicable governmental entity elects to seek supplemental reimbursement pursuant to this section on behalf of an eligible provider owned or operated by the entity, as described in paragraph (3) of subdivision (b), the governmental entity shall do all of the following:\n(1) Certify, in conformity with the requirements of Section 433.51 of Title 42 of the Code of Federal Regulations, that the claimed expenditures for the ground emergency medical transportation services are eligible for federal financial participation.\n(2) Provide evidence supporting the certification as specified by the department.\n(3) Submit data as specified by the department to determine the appropriate amounts to claim as expenditures qualifying for federal financial participation.\n(4) Keep, maintain, and have readily retrievable, any records specified by the department to fully disclose reimbursement amounts to which the eligible provider is entitled, and any other records required by the federal Centers for Medicare and Medicaid Services.\n(f) (1) The department shall promptly seek any necessary federal approvals for the implementation of this section. The department may limit the program to those costs that are allowable expenditures under Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396 et seq.). If federal approval is not obtained for implementation of this section, this section shall not be implemented.\n(2) The department shall submit claims for federal financial participation for the expenditures for the services described in subdivision (e) that are allowable expenditures under federal law.\n(3) The department shall, on an annual basis, submit any necessary materials to the federal government to provide assurances that claims for federal financial participation will include only those expenditures that are allowable under federal law.\n(g) (1) If either a final judicial determination is made by any court of appellate jurisdiction or a final determination is made by the administrator of the federal Centers for Medicare and Medicaid Services that the supplemental reimbursement provided for in this section must be made to any provider not described in this section, the director shall execute a declaration stating that the determination has been made and on that date this section shall become inoperative.\n(2) The declaration executed pursuant to this subdivision shall be retained by the director, provided to the fiscal and appropriate policy committees of the Legislature, the Secretary of State, the Secretary of the Senate, the Chief Clerk of the Assembly, and the Legislative Counsel, and posted on the department\u2019s Internet Web site.\n(h) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may implement and administer this section by means of provider bulletins, or similar instructions, without taking regulatory action.\nSEC. 2.\nSection 14105.941 is added to the Welfare and Institutions Code, immediately following Section 14105.94, to read:\n14105.941.\n(a) The department shall design and implement, in consultation with eligible providers as described in subdivision (b), an intergovernmental transfer program relating to Medi-Cal managed care, ground emergency medical\ntransport\ntransportation\nservices in order to increase capitation payments for the purpose of increasing reimbursement to eligible providers.\n(b) A provider shall be eligible for increased reimbursement pursuant to this section only if the provider meets both of the following conditions in an applicable state fiscal year:\n(1) Provides ground emergency medical\ntransport\ntransportation\nservices to Medi-Cal managed care enrollees pursuant to a contract or other arrangement with a Medi-Cal managed care plan.\n(2) Is owned or operated by the state, a city, county, city and county, fire protection district organized pursuant to Part 2.7 (commencing with Section 13800) of Division 12 of the Health and Safety Code, special district organized pursuant to Chapter 1 (commencing with Section 58000) of Division 1 of Title 6 of the Government Code, community services district organized pursuant to Part 1 (commencing with Section 61000) of Division 3 of Title 6 of the Government Code, health care district organized pursuant to Chapter 1 (commencing with Section 32000) of Division 23 of the Health and Safety Code, or a federally recognized Indian tribe.\n(c) (1) To the extent intergovernmental transfers are voluntarily made by, and accepted from, an eligible provider described in subdivision (b), or a governmental entity affiliated with an eligible provider, the department shall make increased capitation payments to applicable Medi-Cal managed care plans for covered ground emergency medical transportation services.\n(2) The increased capitation payments made pursuant to this section shall be in amounts actuarially equivalent to the supplemental fee-for-service payments available for eligible providers pursuant to Section 14105.94, to the extent permissible under federal law.\n(3) Except as provided in subdivision (f), all funds associated with intergovernmental transfers made and accepted pursuant to this section shall be used to fund additional payments to eligible providers.\n(4) Medi-Cal managed care plans shall pay 100 percent of any amount of increased capitation payments made pursuant to this section to eligible providers for providing and making available ground emergency medical transportation services pursuant to a contract or other arrangement with a Medi-Cal managed care plan.\n(d) The intergovernmental transfer program developed pursuant to this section shall be implemented on\nJanuary 1,\nJuly 1,\n2016, or a later date if otherwise required pursuant to any necessary federal approvals obtained, and only to the extent intergovernmental transfers from the eligible provider, or the governmental entity with which it is affiliated, are provided for this purpose. To the extent permitted by federal law, the department may implement the intergovernmental transfer program and increased capitation payments pursuant to this section on a retroactive basis as needed.\n(e) Participation in the intergovernmental transfers under this section is voluntary on the part of the transferring entities for purposes of all applicable federal laws.\n(f) This section shall be implemented without any additional expenditure from the General Fund. As a condition of participation under this section, each eligible provider as described in subdivision (b), or the governmental entity affiliated with an eligible provider, shall agree to reimburse the department for any costs associated with implementing this section. Intergovernmental transfers described in this section are not subject to the administrative fee assessed under paragraph (1) of subdivision (d) of Section 14301.4.\n(g) As a condition of participation under this section, Medi-Cal managed care plans, eligible providers as described in subdivision (b), and governmental entities affiliated with eligible providers shall agree to comply with any requests for information or similar data requirements imposed by the department for purposes of obtaining supporting documentation necessary to claim federal funds or to obtain federal approvals.\n(h) This section shall be implemented only if and to the extent federal financial participation is available and is not otherwise jeopardized, and any necessary federal approvals have been obtained.\n(i) To the extent that the director determines that the payments made pursuant to this section do not comply with federal Medicaid requirements, the director retains the discretion to return or not accept an intergovernmental transfer, and may adjust payments pursuant to this section as necessary to comply with federal Medicaid requirements.\n(j) To the extent federal approval is obtained, the increased capitation payments under this section may commence for dates of service on or after January 1, 2016.\n(k) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may implement, interpret, or make specific this section by means of all-county letters, plan letters, plan or provider bulletins, or similar instructions, without taking regulatory action.","title":""}
{"_id":"c72","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection\n12803.2.5\n13295.6\nis added to the Government Code, to read:\n12803.2.5.\n13295.6.\n(a) The\nSecretary of Government Operations shall contract with an independent, third-party consulting firm to\nOffice of State Audits and Evaluations within the Department of Finance shall\nassess the degree to which each activity and position related to the energy responsibilities of the Public Utilities Commission, as identified in the commission\u2019s zero-based budget conducted pursuant to Section 318 of the Public Utilities Code, supports the core mission of the commission and to make recommendations as to how resources might be better allocated to achieve the core mission objectives of the commission.\n(b) The\ncontracted consulting firm\noffice\nshall provide to the Joint Legislative Budget Committee\nand the Department of Finance\nmonthly updates on the progress of the assessment.\n(c) (1) By April 1, 2016, the\nSecretary of Government Operations\noffice\nshall, pursuant to Section 9795, submit to the Legislature a report on the assessment.\n(2) Pursuant to Section 10231.5, this subdivision is inoperative on April 1, 2020.\n(d) The Public Utilities Commission shall reimburse the\nGovernment Operations Agency\nDepartment of Finance\nfor the costs incurred pursuant to this section upon request by the\nagency\ndepartment\nand appropriation by the Legislature.\nSEC. 2.\nSection 25751 of the Public Resources Code is amended to read:\n25751.\n(a) The Renewable Resource Trust Fund is hereby created in the State Treasury.\n(b) The Emerging Renewable Resources Account is hereby established within the Renewable\nResources\nResource\nTrust Fund. Notwithstanding Section 13340 of the Government Code, the moneys in the account are hereby continuously appropriated to the commission without regard to fiscal years for the following purposes:\n(1) To close out the award of incentives for emerging technologies in accordance with former Section 25744, as this law existed prior to the enactment of the Budget Act of 2012, for which applications had been approved before the enactment of the Budget Act of 2012.\n(2) To close out consumer education activities in accordance with former Section 25746, as this law existed prior to the enactment of the Budget Act of 2012.\n(3) To provide funding for the New Solar Homes Partnership pursuant to paragraph (3) of subdivision (e) of Section 2851 of the Public Utilities Code.\n(c) The Controller shall provide to the commission funds pursuant to the continuous appropriation in, and for purposes specified in, subdivision (b).\n(d) The Controller shall provide to the commission moneys from the fund sufficient to satisfy all contract and grant awards that were made by the commission pursuant to former Sections 25744 and 25746, and Chapter 8.8 (commencing with Section 25780), as these laws existed prior to the enactment of the Budget Act of 2012.\n(e) If the Public Utilities Commission determines that the State Energy Resources Conservation and Development Commission should be the third-party administrator for the New Solar Homes Partnership Program pursuant to subparagraph (A) of paragraph (3) of subdivision (e) of Section 2851 of the Public Utilities Code, any additional moneys made available to fund the New Solar Homes Partnership Program shall be deposited into the Emerging Renewable Resources Account of the Renewable Resource Trust Fund and used for this purpose.\nSEC. 3.\nSection 306 of the Public Utilities Code is amended to read:\n306.\n(a) The office of the commission shall be in the City and County of San Francisco. The office shall always be open, legal holidays and nonjudicial days excepted. The commission shall hold its sessions at least once in each calendar month in the City and County of San\nFrancisco.\nFrancisco or the City of Sacramento.\nThe commission may also meet at such other times and in such other places as may be expedient and necessary for the proper performance of its duties, and for that purpose may rent quarters or offices.\n(b) The meetings of the commission shall be open and public in accordance with the provisions of Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code.\nIn addition to the requirements of Section 11125 of the Government Code, the commission shall include in its notice of meetings the agenda of business to be transacted, and no item of business shall be added to the agenda subsequent to the notice in the absence of an unforeseen emergency situation. A rate increase shall not constitute an unforeseen emergency situation. As used in this subdivision, \u201cmeeting\u201d shall include all investigations, proceedings, and showings required by law to be open and public.\n(c) The commission shall have a seal, bearing the inscription \u201cPublic Utilities Commission State of California.\u201d The seal shall be affixed to all writs and authentications of copies of records and to such other instruments as the commission shall direct.\n(d) The commission may procure all necessary books, maps, charts, stationery, instruments, office furniture, apparatus, and appliances.\nSEC. 4.\nSection 307.1 is added to the Public Utilities Code, to read:\n307.1.\n(a) The commission shall notify the Joint Legislative Budget Committee when it enters into a contract for outside legal counsel to represent the commission in any criminal investigation at an expense exceeding one million dollars ($1,000,000) and shall provide a copy of the contract to that committee within 10 days of it being approved by the Department of General Services.\n(b) A contract of any size entered into by the commission for outside legal counsel in any criminal investigation shall not include terms providing for the representation of individual employees except as provided in Section 995.9 of the Government Code. Copies of any contract for the representation of individual employees in a criminal investigation pursuant to Section 995.9 of the Government Code shall be provided to the Joint Legislative Budget Committee within 10 days of the date the contract is approved by the Department of General Services.\nSEC. 2.\nSEC. 5.\nSection 309.5 of the Public Utilities Code is amended to read:\n309.5.\n(a) There is within the commission an independent Office of Ratepayer Advocates to represent and advocate on behalf of the interests of public utility customers and subscribers within the jurisdiction of the commission. The goal of the office shall be to obtain the lowest possible rate for service consistent with reliable and safe service levels. For revenue allocation and rate design matters, the office shall primarily consider the interests of residential and small commercial customers.\n(b) (1) The director of the office shall be appointed by, and serve at the pleasure of, the Governor, subject to confirmation by the Senate.\n(2) The director shall annually appear before the appropriate policy committees of the Assembly and the Senate to report on the activities of the office.\n(c) The director shall develop a budget for the office that shall be subject to final approval of the Department of Finance. As authorized in the approved budget, the office shall employ personnel and resources, including attorneys and other legal support staff, at a level sufficient to ensure that customer and subscriber interests are effectively represented in all significant proceedings. The office may employ experts necessary to carry out its functions. The director may appoint a lead attorney who shall represent the office, and shall report to and serve at the pleasure of the director.\n(d) The commission shall coordinate with the office to develop appropriate procedures to ensure that the existence of the office does not create a conflict of roles for any employee. The procedures shall include, but shall not be limited to, the development of a code of conduct and procedures for ensuring that advocates and their representatives on a particular case or proceeding are not advising decisionmakers on the same case or proceeding.\n(e) The office may compel the production or disclosure of any information it deems necessary to perform its duties from any entity regulated by the commission, provided that any objections to any request for information shall be decided in writing by the assigned commissioner or by the president of the commission, if there is no assigned commissioner.\n(f) There is hereby created the Public Utilities Commission Ratepayer Advocate Account in the General Fund. Moneys from the Public Utilities Commission Utilities Reimbursement Account in the General Fund shall be transferred in the annual Budget Act to the Public Utilities Commission Ratepayer Advocate Account. The funds in the Public Utilities Commission Ratepayer Advocate Account shall be a budgetary program fund administered and utilized exclusively by the office in the performance of its duties as determined by the director. The director shall annually submit a staffing report containing a comparison of the staffing levels for each five-year period.\n(g) On or before January 10 of each year, the office shall provide to the chairperson of the fiscal committee of each house of the Legislature and to the Joint Legislative Budget Committee all of the following information:\n(1) The number of personnel years utilized during the prior year by the Office of Ratepayer Advocates.\n(2) The total dollars expended by the Office of Ratepayer Advocates in the prior year, the estimated total dollars expended in the current year, and the total dollars proposed for appropriation in the following budget year.\n(3) Workload standards and measures for the Office of Ratepayer Advocates.\n(h) The office shall meet and confer in an informal setting with a regulated entity prior to issuing a report or pleading to the commission regarding alleged misconduct, or a violation of a law or a commission rule or order, raised by the office in a complaint. The meet and confer process shall be utilized in good faith to reach agreement on issues raised by the office regarding any regulated entity in the complaint proceeding.\nSEC. 3.\nSection 326.6 is added to the\nPublic Utilities Code\n, to read:\n326.6.\nThe commission shall not fund any program by a state entity using charges collected from ratepayers unless expressly authorized to do so by statute enacted by the Legislature, including the annual Budget Act.\nSEC. 4.\nSEC. 6.\nSection 326.7 is added to the Public Utilities Code, to read:\n326.7.\nThe\ncommission,\nDepartment of Finance,\non a semiannual basis, shall provide to the Joint Legislative Budget Committee a written notification of any redirection of funds and\npositions,\npositions within the commission,\nincluding\nany\nloaning\nof\nstaff to other state agencies or departments.\nSEC. 5.\nSEC. 7.\nSection 327.5 is added to the Public Utilities Code, to read:\n327.5.\n(a) The California Research Bureau shall conduct a review of the organization of the commission to ensure that the commission is the best governmental entity to continue to direct, regulate, and oversee activities under the commission\u2019s jurisdiction, including safety enforcement, in energy, communications, transportation, and water sectors, to determine whether other governmental entities are duplicating the activities of the commission, and to determine whether other governmental entities are better situated to regulate and oversee those activities.\n(b) In conducting the review, the California Research Bureau, in consultation with appropriate state entities, shall do all of the following:\n(1) Make recommendations as to which state or local agencies are best suited to regulate and oversee those activities specified in subdivision (a).\n(2) Make recommendations for improving oversight, regulation, and efficiency to best serve California\u2019s ratepayers, businesses, and utilities.\n(3) Estimate the costs associated with the implementation of its recommendations.\nSEC. 8.\nSection 769.5 is added to the Public Utilities Code, to read:\n769.5.\n(a) By April 1, 2016, the commission shall establish an expedited distribution grid interconnection dispute resolution process with the goal of resolving disputes over interconnection applications that are within the jurisdiction of the commission in no more than 60 days from the time the dispute is formally brought to the commission.\n(b) The expedited distribution grid interconnection dispute resolution process shall include the following elements:\n(1) A distribution grid interconnection technical advisory panel consisting of at least eight individuals selected by the commission. Four of the technical advisory panel members shall be from electrical corporations and four shall not be from electrical corporations. The commission shall determine the length of the term of each member. If any member of the panel is an employee of, or contractor to, an electrical corporation, an employee of a vendor with an open application, or has a financial interest or financial relationship to a person or corporation with a financial interest in the outcome of the decision, that member shall not participate in any discussion involving that electrical corporation, vendor, or financially interested person or corporation.\n(2) A review panel of four members shall be selected from the technical advisory panel for each dispute.\n(3) If an applicant is unable to resolve an interconnection-related dispute after working with the electrical corporation operating the distribution grid, the applicant may seek resolution of the dispute using the commission\u2019s expedited distribution grid interconnection dispute resolution process.\n(4) Upon agreeing to a final settlement of the dispute, parties shall be free to withdraw from the dispute resolution process.\n(5) If the dispute is filed with the commission, the commission shall ensure that a technical advisory panel shall review the dispute and make a recommendation to the executive director of the commission within 30 days of receiving the dispute.\n(6) The commission shall establish a public process to allow the electrical corporation, the applicant, and other interested parties to file written comments on the recommendation of the technical advisory panel.\n(7) The panel shall request appropriate documents from the electrical corporation involved in the dispute, including, but not limited to, interconnection application studies.\n(8) The scope of the technical advisory panel\u2019s review shall be limited to issues regarding compliance with the established interconnection rules. Any recommendations shall ensure safe and reliable interconnection.\n(9) The scope of the technical advisory panel\u2019s review is limited to making recommendations to resolve specific customer disputes and recommending associated corrective actions, and the panel shall have no authority to assess penalties.\n(10) Upon receipt of the recommendation from the technical advisory panel, the executive director shall have 30 days to review the recommendation and to prepare an order to the electrical corporation resolving the dispute. If the review panel from the technical advisory panel cannot agree on recommendations, then each recommendation of a review panel member shall be submitted to the executive director, who shall make the decision resolving the dispute.\n(11) Any interested person seeking commission review of the executive director\u2019s determination shall file the request for review within 10 days of the determination. Upon receipt of the request for review, the executive director or the energy division director shall prepare a proposed resolution of the matter for approval by the commission.\n(c) The commission shall provide the members of the technical advisory panel that are not from electrical corporations with an appropriate per diem compensation consistent with Section 19822.5 of the Government Code.\nSEC. 6.\nSEC. 9.\nThe Public Utilities Commission shall report to the relevant policy and fiscal committees of the Legislature on the outcomes of the California Hub for Energy Efficiency Financing, or CHEEF, program. The commission shall not approve any extension of the CHEEF program sooner than 30 days after making its report pursuant to this section.\nSEC. 7.\nSEC. 10.\nThe sum of five million dollars ($5,000,000) is hereby appropriated from the Public Utilities Commission Utilities Reimbursement Account to the Public Utilities Commission for the support of the commission.\nSEC. 8.\nSEC. 11.\nThis act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately.","title":""}
{"_id":"c367","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 655.1 of the Harbors and Navigation Code is amended to read:\n655.1.\n(a) As used in this section, \u201cmechanically propelled vessel\u201d means any vessel actively propelled by machinery, whether or not the machinery is the principal source of propulsion.\n(b) (1) A peace officer, having reasonable cause to believe that any person was operating a mechanically propelled vessel or manipulating any water skis, aquaplane, or similar device under the influence of an alcoholic beverage or any drug, or under the combined influence of an alcoholic beverage and any drug, who lawfully arrests the person for any violation of subdivision (b), (c), (d), (e), or (f) of Section 655, may request that person to submit to chemical testing of his or her blood, breath, or urine for the purpose of determining the drug or alcoholic content of the blood.\n(2) The arrested person shall be advised of all of the following:\n(A) A criminal complaint may be filed against him or her for operating a mechanically propelled vessel or manipulating any water skis, aquaplane, or similar device under the influence of an alcoholic beverage or any drug, or under the combined influence of an alcoholic beverage and any drug.\n(B) He or she has a right to refuse chemical testing.\n(C) An officer has the authority to seek a search warrant compelling the arrested person to submit a blood sample as described in paragraph (16) of subdivision (a) of Section 1524 of the Penal Code.\n(D) He or she does not have the right to have an attorney present before stating whether he or she will submit to the chemical testing, before deciding which chemical test or tests to take, or during the administration of the chemical test or tests chosen.\n(c) If the person is lawfully arrested for operating a mechanically propelled vessel or manipulating any water skis, aquaplane, or similar device under the influence of an alcoholic beverage and submits to the chemical testing, the person has the choice of whether the chemical test shall be of his or her blood or breath and the person shall be advised by the arresting officer that he or she has that choice. If the person arrested either is incapable, or states that he or she is incapable, of completing the chosen test, the person shall submit to the remaining test. If a blood or breath test, or both, are unavailable, then subdivision (n) applies.\n(d) If the person is lawfully arrested for operating a mechanically propelled vessel or manipulating any water skis, aquaplane, or similar device under the influence of any drug or the combined influence of an alcoholic beverage and any drug and submits to the chemical testing, the person has the choice of whether the chemical test shall be of his or her blood, breath, or urine, and the officer shall advise the person that he or she has that choice.\n(e) A person who chooses to submit to a breath test may also be requested to submit to a blood or urine test if the arresting officer has reasonable cause to believe that the person was operating a mechanically propelled vessel or manipulating any water skis, aquaplane, or similar device under the influence of any drug, or the combined influence of an alcoholic beverage and any drug, and if the arresting officer has a clear indication that a blood or urine test will reveal evidence of the person being under the influence. The arresting officer shall state in his or her report the facts upon which that belief and that clear indication are based. The person shall have the choice of submitting to and completing a blood or urine test, and shall be advised by the arresting officer that he or she is requested to submit to an additional test, and that he or she may choose a test of either blood or urine. If the person arrested is either incapable, or states that he or she is incapable, of completing either chosen chemical test, the person shall submit to and complete the other remaining chemical test.\n(f) (1) A person who chooses to submit to a breath test shall be advised before or after the breath test that the breath-testing equipment does not retain any sample of the breath, and that no breath sample will be available after the breath test which could be analyzed later by the person or any other person.\n(2) The person shall also be advised that, because no breath sample is retained, the person will be given an opportunity to provide a blood or urine sample that will be retained at no cost to the person so that there will be something retained that may be subsequently analyzed for the alcoholic content of the persons\u2019s blood. If the person completes a breath test and wishes to provide a blood or urine sample to be retained, the sample shall be collected and retained in the same manner as if the person had chosen a blood or urine test initially.\n(3) The person shall also be advised that the blood or urine sample may be tested by either party in any criminal prosecution. The failure of either party to perform this chemical test shall place no duty upon the opposing party to perform the chemical test nor affect the admissibility of any other evidence of the drug or alcoholic content of the blood of the person arrested.\n(g) If the person is lawfully arrested for any offense allegedly committed in violation of subdivision (b), (c), (d), (e), or (f) of Section 655, and because of the need for medical treatment, the person is first transported to a medical facility where it is not feasible to administer a particular chemical test of, or to obtain a particular sample of, the person\u2019s blood, breath, or urine, the person has the choice of submitting to those chemical tests which are available at the facility to which that person has been transported. In this event, the arresting officer shall advise the person of those chemical tests which are available at the medical facility, and that the person\u2019s choice is limited to those chemical tests which are available.\n(h) Any person who is unconscious or otherwise in a condition rendering him or her incapable of refusal may be subjected to chemical testing of his or her blood, breath, or urine for the purpose of determining the drug or alcoholic content of the blood, whether or not the person is advised of the information specified in paragraph (2) of subdivision (b).\n(i) Any person who is afflicted with hemophilia is exempt from the blood test provided for in this section.\n(j) Any person who is afflicted with a heart condition and is using an anticoagulant under the direction of a licensed physician and surgeon is exempt from the blood test provided for in this section.\n(k) A person lawfully arrested for any offense allegedly committed while the person was operating a mechanically propelled vessel or manipulating any water skis, aquaplane, or similar device in violation of subdivision (b), (c), (d), (e), or (f) of Section 655 may request the arresting officer to have a chemical test made of his or her blood or breath for the purpose of determining the drug or alcoholic content of the blood and, if so requested, the arresting officer shall have the chemical test performed. However, if a blood or breath test, or both, are unavailable, then subdivision (n) applies.\n(l) Any chemical test of blood, breath, or urine to determine the percentage, by weight, of alcohol in the blood shall be performed in accordance with Section 23158 of the Vehicle Code.\n(m) Nothing in this section limits the authority of a peace officer to gather evidence from a person lawfully arrested for a violation of subdivision (b), (c), (d), (e), or (f) of Section 655.\n(n) If a blood or breath test is not available under paragraph (1) of subdivision (c) or under subdivision (k), the person shall submit to the remaining test in order to determine the percentage, by weight, of alcohol in the person\u2019s blood. If both the blood and breath tests are unavailable, the person shall be deemed to have given his or her consent to chemical testing of his or her urine and shall submit to a urine test.\nSEC. 2.\nIf 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.","title":""}
{"_id":"c441","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nThe Legislature finds and declares all of the following:\n(a) In the 1970s, California led the nation in the creation of its licensing system for community care facilities, and pioneered recognition of the special needs of infants and toddlers with a license distinct from preschool-age care.\n(b) While the standard of care in California statutes remains appropriate, the bifurcation of early care licensing in California into two separate licenses is unnecessary and problematic.\n(c) Many states now mandate the standard required in California, but without dual-licensing. California is one of only two states in the country that employ a separate infant-toddler license. Other states employ a single license for early childhood centers, mandating developmentally appropriate standards based on the age of the children served.\n(d) Even in California, family day care homes are not subject to the dual license requirement. Only private fee and state and federally funded child day care facilities are subject to the dual license requirement.\n(e) It is the intent of the Legislature to create a third facility license option serving children from birth to entering first grade. This additional facility license option shall not replace the current infant license, preschool license, and toddler component option, but instead be in addition to these early care and education facility licensure options.\n(f) It is also the intent of the Legislature that all of the following are required under the birth to entering first grade license option:\n(1) Children shall be grouped together by their appropriate developmental levels, and appropriate staff-child ratio and group size regulations shall be followed.\n(2) Children shall transition from age-appropriate classrooms or program spaces when their developmental level is appropriate for such a move.\n(3) A child\u2019s chronological age and the entire group\u2019s need shall also be considering factors for these moves.\n(4) All children shall be supervised appropriately by teachers and aides with appropriate staff qualifications. Toddlers may be grouped with either infants or preschoolers as long as the requirements applicable to the youngest age group in the group are followed.\n(5) Emphasis shall be placed on improving the quality of early care and education for children from birth to entering first grade in center-based programs.\n(6) Long-term efficiency within the Community Care Licensing Division of the State Department of Social Services shall be promoted through the elimination of duplicate paperwork, toddler component waiver processing, and compliance visits to day care centers.\n(7) A single inspection visit and administration of the birth to entering first grade day care center shall be implemented versus multiple inspection visits and administration of a day care center with an infant license or preschool license and a toddler component option. This will increase efficiency and allow a department analyst to more holistically evaluate the birth to entering first grade day care center, which will lead to stronger health and safety practices. The efficiencies gained will reduce cost pressure on the department and allow more providers to operate in California, and thus open more spaces for children and parents waiting for care.\n(g) The ability for providers to choose which type of facility license option best meets their specific programmatic contract, business, and community needs will allow for more flexibility in the planning for a successful operation of the center.\nSEC. 2.\nSection 1596.951 is added to the Health and Safety Code, to read:\n1596.951.\n(a) The department shall, in consultation with stakeholders through the regulatory process, adopt regulations on or before January 1, 2018, to develop and implement a birth to entering first grade license option for day care centers. Regulations adopted pursuant to this section shall include all of the following:\n(1) Age-appropriate transition periods that do all of the following:\n(A) Allow children to transition from one age group to another age group up to three months before or three months after their birthday.\n(B) Take the needs of the whole age group into consideration in order to move children together.\n(C) Consider continuity of care of the children and parents being served.\n(D) Consider the needs of the day care center licensees to maximize spaces being used.\n(2) A requirement that when a birth to entering first grade license option is being issued to a new or current day care center licensee, the licensee shall list the age groups of children being served at the day care center for the purposes of license inspections, data collection management, and county needs assessments.\n(3) A requirement that all other licensing regulations that apply to a day care center shall also apply to a birth to entering first grade license option.\n(b) (1) A new applicant for a birth to entering first grade license option may be charged a fee commensurate with the other age specific facility license fee schedules.\n(2) Until an existing day care center license has been replaced with a birth to entering first grade license option, a day care center licensee shall maintain a day care center that meets regulatory standards for the age groups of children that are being cared for at the day care center, and standards for inspection of a day care center shall be based on the current license.\n(c) Stakeholders consulted in adopting regulations pursuant to this section shall include, but are not limited to, the State Department of Education, California Association for the Education of Young Children, Early Edge California, First 5 California, Children Now, Alliance for Early Success, California Head Start Association, California Child Development Administrators Association, California Child Care Resource and Referral Network, California Child Care Coordinators Association, Infant Development Association, the Western Office of Zero to Three, L.A. Alliance, Professional Association for Childhood Education, Californians for Quality Early Learning, WestEd, American Federation of State, County and Municipal Employees, Title 5 and Head Start-funded center-base child care providers, and private fee -for-service center-based child care providers.","title":""}
{"_id":"c278","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 30652 of the Food and Agricultural Code is amended to read:\n30652.\nAll fees for the issuance of dog license tags and all fines collected pursuant to this division shall be paid into the county, city, or city and county treasury, as the case may be, and shall be used:\n(a) First, to pay fees for the issuance of dog license tags.\n(b) Second, to pay fees, salaries, costs, expenses, or any or all of them for the enforcement of this division and all ordinances which are made pursuant to this division.\n(c) Third, to pay damages to owners of livestock which are killed by dogs.\n(d) Fourth, to pay costs of any hospitalization or emergency care of animals pursuant to Section 597f of the Penal Code.\n(e) Fifth, to pay for initial and in-service training for persons charged with enforcing animal control laws, including animal control officers.\nSEC. 2.\nSection 830.9 of the Penal Code is amended to read:\n830.9.\n(a)\nAnimal control officers are not peace officers but may exercise the powers of arrest of a peace officer as specified in Section 836 and the power to serve warrants as specified in Sections 1523 and 1530 during the course and within the scope of their employment, if those officers successfully complete a course in the exercise of those powers pursuant to Section 832.\nThat part of the training course specified in Section 832 pertaining to the carrying and use of firearms shall not be required for any animal control officer whose employing agency prohibits the use of firearms.\nFor\n(b) (1) Every person appointed as an animal control officer prior to July 1, 2016, shall complete a course in the exercise of the powers of arrest and to serve warrants pursuant to Section 832 no later than July 1, 2017. That part of the training course specified in Section 832 pertaining to the carrying and use of firearms shall not be required for any animal control officer whose employing agency prohibits the use of firearms.\n(2) An animal control officer who completed a course in the exercise of the powers of arrest and to serve warrants pursuant to Section 832 prior to January 1, 2016, shall be deemed to have satisfied the training requirements described in paragraph (1).\n(c) Every person appointed as an animal control officer on or after July 1, 2016, shall complete a course in the exercise of the powers of arrest and to serve warrants pursuant to Section 832 within one year of his or her appointment. That part of the training course specified in Section 832 pertaining to the carrying and use of firearms shall not be required for any animal control officer whose employing agency prohibits the use of firearms.\n(d) Every animal control officer described in this section, prior to the exercise of the powers of arrest and to serve warrants, shall have satisfactorily completed the course of training described in Section 832.\n(e) Every person appointed as a director, manager, or supervisor, or any person in direct control of an animal control agency, on or after July 1, 2016, shall complete a course in the exercise of the powers of arrest and to serve warrants pursuant to Section 832 within one year of his or her appointment.\n(f) (1) During each three-year period following the date described in paragraph (2), every animal control officer shall satisfactorily complete at least 40 hours of continuing education and training relating to the powers and duties of an animal control officer, which education and training shall be sponsored or provided by an accredited postsecondary institution, the Commission on Peace Officer Standards and Training, a law enforcement agency, the National Animal Care and Control Association, the California Animal Control Directors Association, the California Veterinary Medical Association, or the State Humane Association of California.\n(2) Every animal control officer appointed prior to July 1, 2016, shall comply with the requirements of paragraph (1) no later than July 1, 2019, and every three years thereafter. Every animal control officer appointed on or after July 1, 2016, shall comply with the requirements of paragraph (1) within three years of the date of his or her appointment, and every three years thereafter.\n(3) The minimum hours and required topics of continuing education and training may be determined by the California Animal Control Directors Association. Continuing education and training shall include at least four hours of course work in the exercise of the powers of arrest and to serve warrants taught by a Commission on Peace Officer Standards and Training certified instructor. This section does not restrict the ability of an agency employing an animal control officer from providing the training required by this subdivision utilizing instructors or curriculum from within the agency or from an allied agency, provided the topic and length of instruction otherwise comply with this subdivision.\n(4) Records of training shall be maintained by the animal control officer\u2019s employing agency.\n(5) The failure to satisfactorily complete the continuing education and training requirements under this subdivision within 90 days after the expiration of each three-year period shall result in the immediate suspension of the authority granted under subdivision (a).\n(g) Nothing in this section shall be construed to supersede any existing training requirements, including, but not limited to, the training requirements set forth in subdivision (g) of Section 22295.\n(h) This section does not apply to an animal control officer who is a peace officer pursuant to Section 830.1.\n(i) For\nthe purposes of this section, \u201cfirearms\u201d includes capture guns, blowguns, carbon dioxide operated rifles and pistols, air guns, handguns, rifles, and shotguns.\nSEC. 3.\nIf 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.","title":""}
{"_id":"c376","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 6902.6 is added to the Revenue and Taxation Code, to read:\n6902.6.\n(a) A claim for refund that is otherwise valid under Sections 6902 and 6904 that is made in the case in which the amount of tax determined has not been paid in full shall be deemed to be a timely filed claim for refund with respect to all subsequent payments applied to that determination.\n(b) For purposes of this section, \u201camount of tax determined\u201d means an amount of tax, interest, or penalty, with respect to a single determination made under Article 2 (commencing with Section 6481), Article 3 (commencing with Section 6511), or Article 4 (commencing with Section 6536) of Chapter 5.\n(c) This section shall apply only to claims for refunds made on or after the effective date of the act adding this section.\nSEC. 2.\nSection 9152.3 is added to the Revenue and Taxation Code, to read:\n9152.3.\n(a) A claim for refund that is otherwise valid under Sections 9152 and 9153 that is made in the case in which the amount of tax determined has not been paid in full shall be deemed to be a timely filed claim for refund with respect to all subsequent payments applied to that determination.\n(b) For purposes of this section, \u201camount of tax determined\u201d means an amount of tax, interest, or penalty, with respect to a single determination made under Article 2 (commencing with Section 8776), Article 3 (commencing with Section 8801), or Article 4 (commencing with Section 8826) of Chapter 4.\n(c) This section shall apply to all claims for refund on or after the effective date of the act adding this section.\nSEC. 3.\nSection 30362.2 is added to the Revenue and Taxation Code, to read:\n30362.2.\n(a) A claim for refund that is otherwise valid under Sections 30362 and 30363 that is made in the case in which the amount of tax determined has not been paid in full shall be deemed to be a timely filed claim for refund with respect to all subsequent payments applied to that determination.\n(b) For purposes of this section, \u201camount of tax determined\u201d means an amount of tax, interest, or penalty, with respect to a single determination made under Article 2 (commencing with Section 30201), Article 3 (commencing with Section 30221), or Article 4 (commencing with Section 30241) of Chapter 4.\n(c) This section shall apply to all claims for refund on or after the effective date of the act adding this section.\nSEC. 4.\nSection 32402.3 is added to the Revenue and Taxation Code, to read:\n32402.3.\n(a) A claim for refund that is otherwise valid under Section 32402 that is made in the case in which the amount of tax determined has not been paid in full shall be deemed to be a timely filed claim for refund with respect to all subsequent payments applied to that determination.\n(b) For purposes of this section, \u201camount of tax determined\u201d means an amount of tax, interest, or penalty, with respect to a single determination made under Article 2 (commencing with Section 32271), Article 3 (commencing with Section 32291), or Article 5 (commencing with Section 32311) of Chapter 6.\n(c) This section shall apply to all claims for refund on or after the effective date of the act adding this section.\nSEC. 5.\nSection 40112.3 is added to the Revenue and Taxation Code, to read:\n40112.3.\n(a) A claim for refund that is otherwise valid under Sections 40112 and 40113 that is made in the case in which the amount of surcharge determined has not been paid in full shall be deemed to be a timely filed claim for refund with respect to all subsequent payments applied to that determination.\n(b) For purposes of this section, \u201camount of surcharge determined\u201d means an amount of surcharge, interest, or penalty, with respect to a single determination made under Article 3 (commencing with Section 40071) or Article 4 (commencing with Section 40081) of Chapter 4.\n(c) This section shall apply to all claims for refund on or after the effective date of the act adding this section.\nSEC. 6.\nSection 41101.3 is added to the Revenue and Taxation Code, to read:\n41101.3.\n(a) A claim for refund that is otherwise valid under Sections 41101 and 41102 that is made in the case in which the amount of surcharge determined has not been paid in full shall be deemed to be a timely filed claim for refund with respect to all subsequent payments applied to that determination.\n(b) For purposes of this section, \u201camount of surcharge determined\u201d means an amount of surcharge, interest, or penalty, with respect to a single determination made under Article 3 (commencing with Section 41070) or Article 4 (commencing with Section 41080) of Chapter 4.\n(c) This section shall apply to all claims for refund on or after the effective date of the act adding this section.\nSEC. 7.\nSection 43452.3 is added to the Revenue and Taxation Code, to read:\n43452.3.\n(a) A claim for refund that is otherwise valid under Section 43452 that is made in the case in which the amount of tax determined has not been paid in full shall be deemed to be a timely filed claim for refund with respect to all subsequent payments applied to that determination.\n(b) For purposes of this section, \u201camount of tax determined\u201d means an amount of tax, interest, or penalty, with respect to a single determination made under Article 2 (commencing with Section 43201) or Article 5 (commencing with Section 43350) of Chapter 3.\n(c) This section shall apply to all claims for refund on or after the effective date of the act adding this section.\nSEC. 8.\nSection 45652.3 is added to the Revenue and Taxation Code, to read:\n45652.3.\n(a) A claim for refund that is otherwise valid under Section 45652 that is made in the case in which the amount of fee determined has not been paid in full shall be deemed to be a timely filed claim for refund with respect to all subsequent payments applied to that determination.\n(b) For purposes of this section, \u201camount of fee determined\u201d means an amount of fee, interest, or penalty, with respect to a single determination made under Article 2 (commencing with Section 45201) or Article 4 (commencing with Section 45351) of Chapter 3.\n(c) This section shall apply to all claims for refund on or after the effective date of the act adding this section.\nSEC. 9.\nSection 46502.3 is added to the Revenue and Taxation Code, to read:\n46502.3.\n(a) A claim for refund that is otherwise valid under Sections 46502 and 46503 that is made in the case in which the amount of fee determined has not been paid in full shall be deemed to be a timely filed claim for refund with respect to all subsequent payments applied to that determination.\n(b) For purposes of this section, \u201camount of fee determined\u201d means an amount of fee, interest, or penalty, with respect to a single determination made under Article 2 (commencing with Section 46201), Article 3 (commencing with Section 46251), or Article 4 (commencing with Section 46301) of Chapter 3.\n(c) This section shall apply to all claims for refund on or after the effective date of the act adding this section.\nSEC. 10.\nSection 50140.3 is added to the Revenue and Taxation Code, to read:\n50140.3.\n(a) A claim for refund that is otherwise valid under Section 50140 that is made in the case in which the amount of fee determined has not been paid in full shall be deemed to be a timely filed claim for refund with respect to all subsequent payments applied to that determination.\n(b) For purposes of this section, \u201camount of fee determined\u201d means an amount of fee, interest, or penalty, with respect to a single determination made under Article 2 (commencing with Section 50113) or Article 4 (commencing with Section 50120.1) of Chapter 3.\n(c) This section shall apply to all claims for refund on or after the effective date of the act adding this section.\nSEC. 11.\nSection 55222.3 is added to the Revenue and Taxation Code, to read:\n55222.3.\n(a) A claim for refund that is otherwise valid under Section 55222 that is made in the case in which the amount of fee determined has not been paid in full shall be deemed to be a timely filed claim for refund with respect to all subsequent payments applied to that determination.\n(b) For purposes of this section, \u201camount of fee determined\u201d means an amount of fee, interest, or penalty, with respect to a single determination made under Article 2 (commencing with Section 55061) or Article 4 (commencing with Section 55101) of Chapter 3.\n(c) This section shall apply to all claims for refund on or after the effective date of the act adding this section.\nSEC. 12.\nSection 60522.3 is added to the Revenue and Taxation Code, to read:\n60522.3.\n(a) A claim for refund that is otherwise valid under Sections 60522 and 60523 that is made in the case in which the amount of tax determined has not been paid in full shall be deemed to be a timely filed claim for refund with respect to all subsequent payments applied to that determination.\n(b) For purposes of this section, \u201camount of tax determined\u201d means an amount of tax, interest, or penalty, with respect to a single determination made under Article 2 (commencing with Section 60301), Article 3 (commencing with Section 60310), or Article 4 (commencing with Section 60330) of Chapter 6.\n(c) This section shall apply to all claims for refund on or after the effective date of the act adding this section.","title":""}
{"_id":"c487","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nThis act shall be known and may be cited as the Fix Our Roads Act.\nSEC. 2.\nThe Legislature finds and declares all of the following:\n(a) According to the Governor, California faces a $5.7 billion annual shortfall in funding state highway maintenance and rehabilitation. Local governments have identified an additional $7.8 billion annual shortfall for maintaining local streets and roads.\n(b) Ensuring the safe and efficient movement of goods and people is a fundamental role of government. California has neglected its roads and highways. According to the Department of Transportation (Caltrans), more than 15 percent of the state\u2019s 50,000 miles of state highways are characterized as \u201cdistressed,\u201d and require substantial rehabilitation and reconstruction work. An additional 25 percent of the state highway system is in need of corrective maintenance.\n(c) California is ranked 45th in the United States by the Reason Foundation\u2019s 21st Annual Report on the Performance of State Highway Systems for overall highway condition and performance.\n(d) According to The Road Information Program, a national transportation research group, congestion-related delays cost California motorists $20.4 billion every year. In Los Angeles and the Bay Area, the average motorist loses 61 hours due to congestion each year, costing $1,300 in lost time and wasted fuel. In the commercial sector, $1.34 trillion in goods are shipped from sites in California. According to the American Transportation Research Institute, traffic congestion in California adds over $1.7 billion annually in operational costs for the commercial trucking sector.\n(e) According to the American Petroleum Institute, Californians pay the fourth highest gas tax in the nation.\n(f) In 2015, the state\u2019s cap-and-trade program was expanded to cover transportation fuels. According to the State Energy Resources Conservation and Development Commission, this added an additional 10 cents to the cost of a gallon of gas. The Legislative Analyst\u2019s Office estimates this tax will grow automatically to between 13 cents and 20 cents per gallon over the next five years. When this \u201chidden tax\u201d is included, Californians pay the highest gas tax in the nation.\n(g) This hidden tax on gasoline will generate between $1 billion and $3 billion per year in new revenue. None of this revenue supports road maintenance and rehabilitation.\n(h) During the last recession, the Legislature diverted approximately $1 billion per year in truck weight fees from funding road maintenance and rehabilitation to backfill the state\u2019s General Fund.\n(i) General Fund spending grew by more than $15 billion between the 2013\u201314 and 2015\u201316 fiscal years. The weight fee diversion has not been reversed, and none of this new spending directly supported road maintenance or rehabilitation projects.\n(j) The Legislative Analyst projects the state will have an $11.5 billion surplus in the 2016\u201317 fiscal year.\n(k) The Legislature borrowed $482 million from the state\u2019s Traffic Congestion Relief Program in 2001. None of this loan has been repaid.\n(l) The Legislature is funding construction of a $68-billion-high-speed rail project. If constructed, this project would reduce traffic congestion by only 1 percent. In addition to more than $500 million per year in cap-and-trade revenue, taxpayers will pay $650 million per year in bond debt service over the next 30 years to fund this project.\n(m) California does not spend existing road funds efficiently. The cost of meeting the state\u2019s highway maintenance needs has nearly tripled over 10 years, while gas tax revenue for maintenance has remained steady. In May 2014, the Legislative Analyst released a review of staff support costs at Caltrans. The report determined that Caltrans is overstaffed by 3,500 full-time employees, at a cost of more than $500 million per year.\n(n) Gas taxes and vehicle registration fees are regressive, and disproportionately harm low-income and middle class working families. Lower income Californians drive less fuel efficient vehicles, and commute longer distances due to the state\u2019s lack of affordable housing.\n(o) According to the American Automobile Association, Californians already pay the highest gas prices in the nation.\n(p) The Governor proposes placing 1,500,000 zero-emission vehicles on California\u2019s roads by 2025. Electric vehicle owners are disproportionately wealthy, and do not contribute any gas tax to pay for road maintenance and rehabilitation. According to an October 2015 University of California, Berkeley, study, the wealthiest 20 percent of households capture 90 percent of federal tax credits for electric vehicle purchases.\n(q) Because electric vehicle owners do not pay gas tax, increasing the gas tax shifts the burden for roadway maintenance to lower income Californians.\n(r) In September 2015, the Governor proposed a $500 million gas tax increase, and a $2 billion vehicle registration fee increase, to fund road maintenance and rehabilitation. The $65 registration fee increase would more than double the existing base registration fee.\nSEC. 3.\nA special election is hereby called to be held throughout the state on November 8, 2016. The special election shall be consolidated with the statewide general election to be held on that date. The consolidated election shall be held and conducted in all respects as if there were only one election and only one form of ballot shall be used.\nSEC. 4.\n(a) Notwithstanding Section 9040 of the Elections Code, the Secretary of State shall submit the following advisory question to the voters at the November 8, 2016, consolidated election:\n\u201cShall the California Legislature disproportionately target low-income and middle class families with a regressive tax increase on gasoline and annual vehicle registrations to fund road maintenance and rehabilitation, rather than ending the diversion of existing transportation tax revenues for nontransportation purposes, investing surplus state revenue in transportation infrastructure, repaying funds borrowed from transportation accounts, prioritizing roads over high-speed rail, and eliminating waste at the Department of Transportation?\u201d\n(b) The provisions of the Elections Code that apply to the preparation of ballot measures and ballot materials at a statewide election apply to the measure submitted pursuant to this section.\nSEC. 5.\n(a) Notwithstanding the requirements of Sections 9040, 9043, 9044, 9061, 9082, and 9094 of the Elections Code or any other law, the Secretary of State shall submit Section 4 of this act to the voters at the November 8, 2016, statewide general election.\n(b) Notwithstanding Section 13115 of the Elections Code, Section 4 of this act and any other measure placed on the ballot by the Legislature for the November 8, 2016, statewide general election after the 131-day deadline set forth in Section 9040 of the Elections Code shall be placed on the ballot, following all other ballot measures, in the order in which they qualified as determined by chapter number.\n(c) The Secretary of State shall include, in the ballot pamphlets mailed pursuant to Section 9094 of the Elections Code, the information specified in Section 9084 of the Elections Code regarding the ballot measure contained in Section 4 of this act.\nSEC. 6.\nThis act calls an election within the meaning of Article IV of the Constitution and shall go into immediate effect.","title":""}
{"_id":"c61","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nIt is the intent of the Legislature to ensure that there is a process that management and supervisors in a state health care facility are required to follow to avoid on-the-spot mandatory overtime of any psychiatric technician (PT) or psychiatric technician assistant (PTA) whose regularly scheduled work shift is complete, and to prevent circumstances where an employee is stopped at the gate of, for example, a Department of Corrections and Rehabilitation and California Correctional Health Care Services facility, and is instructed to return to work at the end of the employee\u2019s regularly scheduled work shift. It is the intent of the Legislature to prohibit a state facility that employs PTs or PTAs from using mandatory overtime as a scheduling tool, or as an excuse for fulfilling an operational need that results from a management failure to properly staff those state facilities.\nSEC. 2.\nSection 19851.4 is added to the Government Code, to read:\n19851.4.\n(a) As used in this section:\n(1) \u201cEmergency situation\u201d means any of the following:\n(A) An unforeseeable declared national, state, or municipal emergency.\n(B) A highly unusual or extraordinary event that is unpredictable or unavoidable and that substantially affects providing needed health care services or increases the need for health care services, which includes any of the following:\n(i) An act of terrorism.\n(ii) A natural disaster.\n(iii) A widespread disease outbreak.\n(iv) An emergency declared by a warden, superintendent, or executive director, or a severe emergency that necessitates the assistance of an outside agency.\n(2) \u201cFacility\u201d means any facility that provides clinically related health services that is operated by the Division of Correctional Health Care Services of the Department of Corrections and Rehabilitation, the Department of Corrections and Rehabilitation, the State Department of State Hospitals, or the State Department of Developmental Services in which a PT or PTA works as an employee of the state.\n(3) \u201cManagement or supervisor\u201d means any person or group of persons acting directly or indirectly on behalf of, or in the interest of, the facility, whose duties and responsibilities include facilitating staffing needs.\n(4) \u201cOn call or on standby\u201d means alternative staff who are not currently working on the premises of the facility and who satisfy either of the following criteria:\n(A) Are compensated for their availability.\n(B) Have agreed to be available to come to the facility on short notice, if the need arises.\n(5) \u201cPT\u201d or \u201cPTA\u201d means all classifications of psychiatric technician or psychiatric technician assistant.\n(b) A facility shall not require a PT or PTA to work in excess of a regularly scheduled workweek or work shift. A PT or PTA may volunteer or agree to work hours in addition to his or her regularly scheduled workweek or work shift but the refusal by a PT or PTA to accept those additional hours shall not constitute either of the following:\n(1) Grounds for discrimination, dismissal, discharge, or any other penalty or employment decision adverse to the PT or PTA.\n(2) Patient abandonment or neglect.\n(c) In order to avoid the use of mandatory overtime as a scheduling tool, management and supervisors shall consider employees to fulfill the additional staffing needs of a facility in the following priority order:\n(1) First priority shall be given to employees who volunteer or agree to work hours in addition to their regularly scheduled workweek or work shift.\n(2) Second priority shall be given to individuals who are part-time or intermittent employees.\n(3) Third priority shall be given to employees who are on call or on standby.\n(d) This section shall not apply in any of the following situations:\n(1) To a PT or PTA participating in a surgical procedure in which the nurse is actively engaged and whose continued presence through the completion of the procedure is needed to ensure the health and safety of the patient.\n(2) If a catastrophic event occurs in a facility and both of the following factors apply:\n(A) The catastrophic event results in such a large number of patients in need of immediate medical treatment for which the facility is incapable of providing sufficient PTs or PTAs to attend to the patients without resorting to mandatory overtime.\n(B) The catastrophic event is an unanticipated and nonrecurring event.\n(3) If an emergency situation occurs.\n(e) This section shall not be construed to affect the Psychiatric Technicians Law (Chapter 10 (commencing with Section 4500) of Division 2 of the Business and Professions Code) or a PT or PTA\u2019s duty under the standards of competent performance.\n(f) This section shall not be construed to preclude a facility from hiring part-time or intermittent employees.\n(g) This section shall not prevent a facility from providing employees with more protections against mandatory overtime than the minimum protections established pursuant to this section.","title":""}
{"_id":"c256","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 27375 of the Vehicle Code is amended to read:\n27375.\n(a) Any person who operates a modified limousine shall ensure that the vehicle has at least two rear side doors, as specified in paragraph (2), and one or two rear windows, as specified in paragraph (1), that the rear seat passengers or all passengers of the vehicle may open from the inside of the vehicle in case of any fire or other emergency that may require the immediate exit of the passengers of the vehicle. A limousine subject to this subdivision shall be equipped with both of the following:\n(1) (A) Except as provided in subparagraph (B), at least two rear push-out windows that are accessible to all passengers. At least one push-out window shall be located on each side of the vehicle, unless the design of the limousine precludes the installation of a push-out window on one side of the vehicle, in which case the second push-out window shall instead be located in the roof of the vehicle.\n(B) If the design of the limousine precludes the installation of even one push-out window on a side of the vehicle, one push-out window shall instead be located in the roof of the vehicle.\n(C) The Department of the California Highway Patrol shall establish, by regulation, standards to ensure that window exits are operable and sufficient in emergency situations for limousine passengers. The department shall ensure that these regulations comply with any applicable federal motor vehicle safety standards.\n(D) For modified limousines modified prior to July 1, 2015, the requirements of this paragraph shall apply on and after January 1, 2017.\n(2) (A) At least two rear side doors that are accessible to all passengers and that may be opened manually by any passenger. At least one rear side door shall be located on each side of the vehicle.\n(B) For modified limousines modified on or after July 1, 2015, at least one of these side doors shall be located near the driver\u2019s compartment and another near the back of the vehicle.\n(C) The rear side doors shall comply with any applicable federal motor vehicle safety standards as deemed necessary by the Department of the California Highway Patrol.\n(b) In the case of a fire or other emergency that requires the immediate exit of the passengers from the limousine, the driver of the limousine shall unlock the doors so that the rear side doors can be opened by the passengers from the inside of the vehicle.\n(c) An owner or operator of a limousine shall do all of the following:\n(1) Instruct all passengers on the safety features of the vehicle prior to the beginning of any trip, including, but not limited to, instructions for lowering the partition between the driver and passenger compartments and for communicating with the driver by the use of an intercom or other onboard or wireless device.\n(2) Disclose to the contracting party and the passengers whether the limousine meets the safety requirements described in this section.\n(3) If paragraph (1) of subdivision (d) applies, the owner or operator of a limousine shall further disclose to the contracting party and the passengers that the limousine does not meet the safety requirements required in subdivision (a) regarding vehicle escape options because of its exempt status, and therefore may pose a greater risk to passengers should emergency escape be necessary.\n(d) (1) Except as provided in paragraph (2), subdivision (a) shall not apply to any limousine manufactured before 1970 that has an active transportation charter-party carrier (TCP) number that was issued by the commission as of August 15, 2013.\n(2) Subdivision (a) shall apply to any limousine manufactured before 1970 if it was modified after August 15, 2013.\nSEC. 2.\nSection 34500.4 of the Vehicle Code is amended to read:\n34500.4.\n(a) Not later than July 1, 2017, the Department of the California Highway Patrol shall implement a program to conduct safety inspections of modified limousine terminals that are operated by passenger stage corporations pursuant to Article 2 (commencing with Section 1031) of Chapter 5 of Part 1 of Division 1 of the Public Utilities Code or by charter-party carriers of passengers pursuant to the Passenger Charter-party Carriers\u2019 Act (Chapter 8 (commencing with Section 5351) of Division 2 of the Public Utilities Code).\n(b) (1) The inspection program shall include, but is not limited to, the safe operation of the vehicle, the installation of safety equipment, the retention of maintenance logs, accident reports, and records of driver discipline, compliance with federal and state motor vehicle safety standards, the examination of a preventative maintenance program, and, if ownership of the modified limousine has been transferred, the transmission of relevant safety and maintenance information of the limousine.\n(2) Pursuant to the safety inspection program, the department shall conduct an inspection of each terminal of a charter-party carrier of passengers and passenger stage corporation that operates modified limousines at least once every 13 months.\n(3) The department shall adopt emergency regulations for purposes of this subdivision. The adoption by the department of regulations implementing this section shall be deemed to be an emergency and necessary to avoid serious harm to the public peace, health, safety, or general welfare for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the department is hereby exempted from the requirement that it describe facts showing the need for immediate action to the Office of Administrative Law. The emergency regulations shall remain in effect for no more than one year, by which time final regulations shall be adopted.\n(4) (A) The department shall adopt regulations to establish an inspection fee to be collected every 13 months, based on the number of modified limousines operated by a single charter-party carrier or passenger stage corporation. The fee shall be in an amount sufficient to offset the costs to administer the inspection program and shall not be used to supplant or support any other inspection program conducted by the department. The fee shall be in addition to any other required fee. When developing the regulations, the department shall consider measures that increase efficiencies to limit the financial impact to charter-party carriers of passengers and passenger stage corporations subject to the fee. The department shall promulgate the regulations in consultation with appropriate interested parties.\n(B) The fee structure established pursuant to this subdivision shall apply to modified limousines that are required to undergo a safety inspection pursuant to this section.\n(C) The fee established pursuant to this subdivision shall be collected by the Public Utilities Commission and deposited into the Motor Vehicle Account in the State Transportation Fund to cover the costs of the inspections conducted by the department.\n(5) The department shall transmit to the Public Utilities Commission inspection data of modified limousine terminals inspected pursuant to this program, as specified in the program regulations.\n(c) Regulations adopted pursuant to this section shall be consistent with the established inspection program administered by the department for buses pursuant to this division.","title":""}
{"_id":"c199","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 19320 of the Business and Professions Code is amended to read:\n19320.\n(a) All commercial cannabis activity shall be conducted between licensees, except as otherwise provided in this chapter.\n(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.\n(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.\n(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.\n(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.\n(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.\n(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.\n(h) (1) Notwithstanding any other provision of this chapter:\n(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:\n(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.\n(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\u2019 Interim Control Ordinance.\n(iii) The applicant obtained a City of Los Angeles business tax registration for taxation as a medical marijuana collective (class L050).\n(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.\n(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.\n(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.","title":""}
{"_id":"c320","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 49013 of the Education Code is amended to read:\n49013.\n(a) A complaint of noncompliance with the requirements of this article may be filed with the principal of a school 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.\n(b) A complaint may be filed anonymously if the complaint provides evidence or information leading to evidence to support an allegation of noncompliance with the requirements of this article.\n(c) A complainant not satisfied with the decision of a public school may appeal the decision to the department and shall receive a written appeal decision within 60 days of the department\u2019s receipt of the appeal.\n(d) If a public school finds merit in a complaint, or the department finds merit in an appeal, the public school shall provide a remedy to all affected pupils, parents, and guardians that, where applicable, includes reasonable efforts by the public school to ensure full reimbursement to all affected pupils, parents, and guardians, subject to procedures established through regulations adopted by the state board.\n(e) Information regarding the requirements of this article shall be included in the annual notification distributed to pupils, parents and guardians, employees, and other interested parties pursuant to Section 4622 of Title 5 of the California Code of Regulations.\n(f) Public schools shall establish local policies and procedures to implement the provisions of this section on or before March 1, 2013. A public school shall not establish a local policy or procedure pursuant to this subdivision that authorizes the public school to resolve a complaint filed pursuant to this section, whether formally or informally, by providing a remedy to the complainant without also providing a remedy to all affected pupils, parents, and guardians, as required by subdivision (d).\n(g) The Superintendent shall have all power and authority necessary to ensure that, when the department finds merit in an appeal filed pursuant to this section, the complaint is resolved pursuant to subdivision (d) in a timely manner.\n(h) If the department finds merit in an appeal filed pursuant to this section, the department\u2019s written decision shall identify with specificity the corrective action that the public school shall take to confirm that it has provided a remedy to all affected pupils, including, if applicable, specific direction regarding the reasonable efforts the public school shall take to ensure full reimbursement to all affected pupils.\n(i) If the public school failed to address an issue raised in the complaint filed pursuant to this section in the public school\u2019s decision about that complaint, the department shall require the public school to respond to the issue within 10 business days and, after providing this opportunity to respond, the department shall make findings on the merit of the appeal without remanding the complaint to the public school for further consideration, regardless of whether the public school provided the required response.\n(j) If the complainant submits evidence in conjunction with the appeal that is related to an issue raised in the underlying complaint and that is presented for the first time on appeal, the department shall determine whether there is merit in the appeal regardless of the newly submitted evidence. If the department determines there is merit in the appeal, the department shall resolve the underlying complaint. If the department determines there is not merit in the appeal, the department shall send the underlying complaint and new evidence back to the public school for further consideration.\n(k) If the complainant raises one or more issues on appeal that were not presented in the underlying complaint, the department shall remand any new issue to the public school to treat as a newly filed complaint as provided in this section, but shall resolve the remainder of the appeal as provided in this section.\n(l) A public school shall provide to the department, within 60 days of the department\u2019s written decision, evidence documenting that the public school has complied with any corrective action specified in the written decision and the requirements of subdivision (d).\n(m) If the public school has not satisfied the requirement in subdivision (l), the superintendent of the school district or the county office of education or the principal of the charter school, as appropriate based on the public school involved in the underlying complaint, shall appear at the next regularly scheduled meeting of the governing board or body of the public school to explain the public school\u2019s failure to satisfy that requirement.\nSEC. 2.\nIf 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.","title":""}
{"_id":"c15","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\n(a) The Legislature finds and declares the following:\n(1) According to a national study, false confessions extracted during police questioning of suspects have been identified as a leading cause of a wrongful conviction. Although threats and coercion sometimes lead innocent people to confess, even the most standardized interrogations can result in a false confession or admission. Mentally ill or mentally disabled persons are particularly vulnerable, and some confess to crimes because they want to please authority figures or to protect another person. Additionally, innocent people may come to believe that they will receive a harsher sentence, or even the death penalty, unless they confess to the alleged crime.\n(2) Three injustices result from false confessions. First, a false confession can result in an innocent person being incarcerated. Second, when an innocent person is incarcerated, the criminal investigations end and the real perpetrator remains free to commit similar or potentially worse crimes. Third, victims\u2019 families are subjected to double the trauma: the loss of, or injury occurring to, a loved one and the guilt over the conviction of an innocent person. Mandating electronic recording of custodial interrogations of both adults and juveniles will improve criminal investigation techniques, reduce the likelihood of wrongful convictions, and further the cause of justice in California.\n(3) Evidence of a defendant\u2019s alleged statement or confession is one of the most significant pieces of evidence in any criminal trial. Although confessions and admissions are the most accurate evidence used to solve countless crimes, they can also lead to wrongful convictions. When there is a complete recording of the entire interrogation that produced such a statement or confession, the factfinder can evaluate its precise contents and any alleged coercive influences that may have produced it.\n(b) For these reasons, it is the intent of the Legislature to require electronic recording of custodial interrogations of both adults and juveniles. Recording interrogations decreases wrongful convictions based on false confessions and enhances public confidence in the criminal justice process. Properly recorded interrogations provide the best evidence of the communications that occurred during an interrogation, prevent disputes about how an officer conducted himself or herself or treated a suspect during the course of an interrogation, prevent a defendant from lying about the account of events he or she originally provided to law enforcement, and spare judges and jurors the time necessary and the need to assess which account of an interrogation to believe.\nSEC. 2.\nSection 859.5 of the Penal Code is amended to read:\n859.5.\n(a) Except as otherwise provided in this section, a custodial interrogation of any person, including an adult or a minor, who is in a fixed place of detention, and suspected of committing murder, as listed in Section 187 or 189 of this code, or paragraph (1) of subdivision (b) of Section 707 of the Welfare and Institutions Code, shall be electronically recorded in its entirety. A statement that is electronically recorded as required pursuant to this section creates a rebuttable presumption that the electronically recorded statement was, in fact, given and was accurately recorded by the prosecution\u2019s witnesses, provided that the electronic recording was made of the custodial interrogation in its entirety and the statement is otherwise admissible.\n(b) The requirement for the electronic recordation of a custodial interrogation pursuant to this section shall not apply under any of the following circumstances:\n(1) Electronic recording is not feasible because of exigent circumstances. An explanation of the exigent circumstances shall be documented in the police report.\n(2) The person to be interrogated states that he or she will speak to a law enforcement officer only if the interrogation is not electronically recorded. If feasible, that statement shall be electronically recorded. The requirement also does not apply if the person being interrogated indicates during interrogation that he or she will not participate in further interrogation unless electronic recording ceases. If the person being interrogated refuses to record any statement, the officer shall document that refusal in writing.\n(3) The custodial interrogation occurred in another jurisdiction and was conducted by law enforcement officers of that jurisdiction in compliance with the law of that jurisdiction, unless the interrogation was conducted with intent to avoid the requirements of this section.\n(4) The interrogation occurs when no law enforcement officer conducting the interrogation has knowledge of facts and circumstances that would lead an officer to reasonably believe that the individual being interrogated may have committed murder for which this section requires that a custodial interrogation be recorded. If during a custodial interrogation, the individual reveals facts and circumstances giving a law enforcement officer conducting the interrogation reason to believe that murder has been committed, continued custodial interrogation concerning that offense shall be electronically recorded pursuant to this section.\n(5) A law enforcement officer conducting the interrogation or the officer\u2019s superior reasonably believes that electronic recording would disclose the identity of a confidential informant or jeopardize the safety of an officer, the individual being interrogated, or another individual. An explanation of the circumstances shall be documented in the police report.\n(6) The failure to create an electronic recording of the entire custodial interrogation was the result of a malfunction of the recording device, despite reasonable maintenance of the equipment, and timely repair or replacement was not feasible.\n(7) The questions presented to a person by law enforcement personnel and the person\u2019s responsive statements were part of a routine processing or booking of that person. Electronic recording is not required for spontaneous statements made in response to questions asked during the routine processing of the arrest of the person.\n(8) The interrogation of a person who is in custody on a charge of a violation of Section 187 or 189 of this code or paragraph (1) of subdivision (b) of Section 707 of the Welfare and Institutions Code if the interrogation is not related to any of these offenses. If, during the interrogation, any information concerning one of these offenses is raised or mentioned, continued custodial interrogation concerning that offense shall be electronically recorded pursuant to this section.\n(c) If the prosecution relies on an exception in subdivision (b) to justify a failure to make an electronic recording of a custodial interrogation, the prosecution shall show by clear and convincing evidence that the exception applies.\n(d) A person\u2019s statements that were not electronically recorded pursuant to this section may be admitted into evidence in a criminal proceeding or in a juvenile court proceeding, as applicable, if the court finds that all of the following apply:\n(1) The statements are admissible under applicable rules of evidence.\n(2) The prosecution has proven by clear and convincing evidence that the statements were made voluntarily.\n(3) Law enforcement personnel made a contemporaneous audio or audio and visual recording of the reason for not making an electronic recording of the statements. This provision does not apply if it was not feasible for law enforcement personnel to make that recording.\n(4) The prosecution has proven by clear and convincing evidence that one or more of the circumstances described in subdivision (b) existed at the time of the custodial interrogation.\n(e) Unless the court finds that an exception in subdivision (b) applies, all of the following remedies shall be granted as relief for noncompliance:\n(1) Failure to comply with any of the requirements of this section shall be considered by the court in adjudicating motions to suppress a statement of a defendant made during or after a custodial interrogation.\n(2) Failure to comply with any of the requirements of this section shall be admissible in support of claims that a defendant\u2019s statement was involuntary or is unreliable, provided the evidence is otherwise admissible.\n(3) If the court finds that a defendant was subject to a custodial interrogation in violation of subdivision (a), the court shall provide the jury with an instruction, to be developed by the Judicial Council, that advises the jury to view with caution the statements made in that custodial interrogation.\n(f) The interrogating entity shall maintain the original or an exact copy of an electronic recording made of a custodial interrogation until a conviction for any offense relating to the interrogation is final and all direct and habeas corpus appeals are exhausted or the prosecution for that offense is barred by law or, in a juvenile court proceeding, as otherwise provided in subdivision (b) of Section 626.8 of the Welfare and Institutions Code. The interrogating entity may make one or more true, accurate, and complete copies of the electronic recording in a different format.\n(g) For the purposes of this section, the following terms have the following meanings:\n(1) \u201cCustodial interrogation\u201d means any interrogation in a fixed place of detention involving a law enforcement officer\u2019s questioning that is reasonably likely to elicit incriminating responses, and in which a reasonable person in the subject\u2019s position would consider himself or herself to be in custody, beginning when a person should have been advised of his or her constitutional rights, including the right to remain silent, the right to have counsel present during any interrogation, and the right to have counsel appointed if the person is unable to afford counsel, and ending when the questioning has completely finished.\n(2) (A) For the purposes of the custodial interrogation of a minor, pursuant to subdivision (a) or (b), \u201celectronically recorded,\u201d \u201celectronic recordation,\u201d and \u201celectronic recording\u201d refer to a video recording that accurately records a custodial interrogation.\n(B) For the purposes of the custodial interrogation of an adult, pursuant to subdivision (a) or (b), \u201celectronically recorded,\u201d \u201celectronic recordation,\u201d and \u201celectronic recording\u201d refer to a video or audio recording that accurately records a custodial interrogation. The Legislature encourages law enforcement agencies to use video recording when available.\n(3) \u201cFixed place of detention\u201d means a fixed location under the control of a law enforcement agency where an individual is held in detention in connection with a criminal offense that has been, or may be, filed against that person, including a jail, police or sheriff\u2019s station, holding cell, correctional or detention facility, juvenile hall, or a facility of the Division of Juvenile Facilities.\n(4) \u201cLaw enforcement officer\u201d means a person employed by a law enforcement agency whose duties include enforcing criminal laws or investigating criminal activity, or any other person who is acting at the request or direction of that person.\nSEC. 3.\nIf 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.","title":""}
{"_id":"c6","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\n(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\nenergy-intensive\nemissions-intensive\nproducts 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\nenergy-intensive\nemissions-intensive\nproducts by providing a market for high-quality goods with the lowest overall greenhouse gas emissions.\n(b) If\nenergy-intensive\nemissions-intensive\nproducts are sourced from facilities that do not comply with California\u2019s 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\u2019s 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.\n(c) Executive Order B-30-15 issued by Governor Edmund G. Brown Jr. stipulates that \u201cState 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.\u201d It also notes that state agencies\u2019 planning investments shall be guided by principles that build climate preparedness and reduce greenhouse gas emissions.\nSEC. 2.\nSection 10130 is added to the Public Contract Code, to read:\n10130.\n(a) As used in this section:\n(1) \u201cProject\u201d means a project for infrastructure subject to this chapter that is estimated to cost one million dollars ($1,000,000) or more.\n(2)\n\u201cEnergy-intensive product\u201d\n\u201cEmissions-intensive product\u201d\nmeans a product that is produced by\na company\nthe following industry sectors, as\nidentified by the cap-and-trade program of the State Air Resources Board as\nenergy\nemissions\nintensive, trade\nexposed.\nexposed:\n(A) Cement manufacturing.\n(B) Flat glass manufacturing.\n(C) Iron and steel mills.\n(D) Rolled shape manufacturing.\n(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\nenergy-intensive\nemissions-intensive\nproducts in projects within the jurisdiction of the department. The emissions total shall take into account the greenhouse gas emissions that are produced when the\nenergy-intensive\nemissions-intensive\nproduct is manufactured or produced and the greenhouse gas emissions associated with the transportation of the\nenergy-intensive\nemissions-intensive\nproduct from the site of its manufacture to the project site.\n(2) A report submitted pursuant to paragraph (1) shall be submitted in accordance with Section 9795 of the Government Code.\n(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.\n(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\nenergy-intensive\nemissions-intensive\nproducts with the lowest greenhouse gas emissions profile that meet standards imposed by a state agency for quality or safety purposes.\nSEC. 3.\nSection 10503.5 is added to the Public Contract Code, to read:\n10503.5.\n(a) As used in this section:\n(1) \u201cProject\u201d means a project for infrastructure subject to this chapter that is estimated to cost one million dollars ($1,000,000) or more.\n(2)\n\u201cEnergy-intensive product\u201d\n\u201cEmissions-intensive product\u201d\nmeans a product that is produced by\na company\nthe following industry sectors, as\nidentified by the cap-and-trade program of the State Air Resources Board as\nenergy\nemissions\nintensive, trade\nexposed.\nexposed:\n(A) Cement manufacturing.\n(B) Flat glass manufacturing.\n(C) Iron and steel mills.\n(D) Rolled shape manufacturing.\n(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\nenergy-intensive\nemissions-intensive\nproducts 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\nenergy-intensive\nemissions-intensive\nproduct is manufactured or produced and the greenhouse gas emissions associated with the transportation of the\nenergy-intensive\nemissions-intensive\nproduct from the site of its manufacture to the project site.\n(2) A report submitted pursuant to paragraph (1) shall be submitted in accordance with Section 9795 of the Government Code.\n(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.\n(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\nenergy-intensive\nemissions-intensive\nproducts with the lowest greenhouse gas emissions profile that meet standards imposed by a state agency for quality or safety purposes.\nSEC. 4.\nSection 10727 is added to the Public Contract Code, to read:\n10727.\n(a) As used in this section:\n(1) \u201cProject\u201d means a project for infrastructure subject to this chapter that is estimated to cost one million dollars ($1,000,000) or more.\n(2)\n\u201cEnergy-intensive product\u201d\n\u201cEmissions-intensive product\u201d\nmeans a product that is produced by\na company\nthe following industry sectors, as\nidentified by the cap-and-trade program of the State Air Resources Board as\nenergy\nemissions\nintensive, trade\nexposed.\nexposed:\n(A) Cement manufacturing.\n(B) Flat glass manufacturing.\n(C) Iron and steel mills.\n(D) Rolled shape manufacturing.\n(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\nenergy-intensive\nemissions-intensive\nproducts in projects within the jurisdiction of the trustees. The emissions total shall take into account the greenhouse gas emissions that are produced when the\nenergy-intensive\nemissions-intensive\nproduct is manufactured or produced and the greenhouse gas emissions associated with the transportation of the\nenergy-intensive\nemissions-intensive\nproduct from the site of its manufacture to the project site.\n(2) A report submitted pursuant to paragraph (1) shall be submitted in accordance with Section 9795 of the Government Code.\n(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.\n(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\nenergy-intensive\nemissions-intensive\nproducts with the lowest greenhouse gas emissions profile that meet standards imposed by a state agency for quality or safety purposes.","title":""}
{"_id":"c334","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 52.5 of the Civil Code is amended to read:\n52.5.\n(a) A victim of human trafficking, as defined in Section 236.1 of the Penal Code, may bring a civil action for actual damages, compensatory damages, punitive damages, injunctive relief, any combination of those, or any other appropriate relief. A prevailing plaintiff may also be awarded attorney\u2019s fees and costs.\n(b) In addition to the remedies specified in this section, in an action under subdivision (a), the plaintiff may be awarded up to three times his or her actual damages or ten thousand dollars ($10,000), whichever is greater. In addition, punitive damages may also be awarded upon proof of the defendant\u2019s malice, oppression, fraud, or duress in committing the act of human trafficking.\n(c) An action brought pursuant to this section shall be commenced within seven years of the date on which the trafficking victim was freed from the trafficking situation or, if the victim was a minor when the act of human trafficking against the victim occurred, within 10 years after the date the plaintiff attains the age of majority.\n(d) If a person entitled to sue is under a disability at the time the cause of action accrues so that it is impossible or impracticable for him or her to bring an action, the time of the disability is not part of the time limited for the commencement of the action. Disability will toll the running of the statute of limitations for this action.\n(1) Disability includes being a minor, lacking legal capacity to make decisions, imprisonment, or other incapacity or incompetence.\n(2) The statute of limitations shall not run against a plaintiff who is a minor or who lacks the legal competence to make decisions simply because a guardian ad litem has been appointed. A guardian ad litem\u2019s failure to bring a plaintiff\u2019s action within the applicable limitation period will not prejudice the plaintiff\u2019s right to do so after his or her disability ceases.\n(3) A defendant is estopped from asserting a defense of the statute of limitations when the expiration of the statute is due to conduct by the defendant inducing the plaintiff to delay the filing of the action, or due to threats made by the defendant causing duress upon the plaintiff.\n(4) The suspension of the statute of limitations due to disability, lack of knowledge, or estoppel applies to all other related claims arising out of the trafficking situation.\n(5) The running of the statute of limitations is postponed during the pendency of criminal proceedings against the victim.\n(e) The running of the statute of limitations may be suspended if a person entitled to sue could not have reasonably discovered the cause of action due to circumstances resulting from the trafficking situation, such as psychological trauma, cultural and linguistic isolation, and the inability to access services.\n(f) A prevailing plaintiff may also be awarded reasonable attorney\u2019s fees and litigation costs including, but not limited to, expert witness fees and expenses as part of the costs.\n(g) Restitution paid by the defendant to the victim shall be credited against a judgment, award, or settlement obtained pursuant to an action under this section. A judgment, award, or settlement obtained pursuant to an action under this section shall be subject to Section 13963 of the Government Code.\n(h) A civil action filed under this section shall be stayed during the pendency of any criminal action arising out of the same occurrence in which the claimant is the victim. As used in this section, a \u201ccriminal action\u201d includes investigation and prosecution, and is pending until a final adjudication in the trial court or dismissal.\nSEC. 2.\nSection 354.8 is added to the Code of Civil Procedure, to read:\n354.8.\n(a) Notwithstanding any other law, including, but not limited to Section 335.1, the following actions shall be commenced within 10 years:\n(1) An action for assault, battery, or both, where the conduct constituting the assault or battery would also constitute any of the following:\n(A) An act of torture, as described in Section 206 of the Penal Code.\n(B) An act of genocide, as described in Section 1091(a) of Title 18 of the United States Code.\n(C) A war crime, as defined in Section 2441 of Title 18 of the United States Code.\n(D) An attempted extrajudicial killing, as defined in Section 3(a) of Public Law 102-256.\n(E) (i) Crimes against humanity.\n(ii) For purposes of this paragraph, \u201ccrimes against humanity\u201d means any of the following acts as part of a widespread or systematic attack directed against a civil population, with knowledge of the attack:\n(I) Murder.\n(II) Extermination.\n(III) Enslavement.\n(IV) Forcible transfer of population.\n(V) Arbitrary detention.\n(VI) Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity.\n(VII) Persecution on political, race, national, ethnic, cultural, religious, or gender grounds.\n(VIII) Enforced disappearance of persons.\n(IX) Other inhuman acts of similar character intentionally causing great suffering, serious bodily injury, or serious mental injury.\n(2) An action for wrongful death, where the death arises out of conduct constituting any of the acts described in paragraph (1), or where the death would constitute an extrajudicial killing, as defined in Section 3(a) of Public Law 102-256.\n(3) An action for the taking of property in violation of international law, in which either of the following apply:\n(A) That property, or any property exchanged for such property, is present in the United States in connection with a commercial activity carried on in the United States by a foreign state.\n(B) That property, or any property exchanged for such property, is owned or operated by an agency or instrumentality of a foreign state and that agency or instrumentality is engaged in a commercial activity in the United States.\n(4) An action seeking benefits under an insurance policy where the insurance claim arises out of any of the conduct described in paragraphs (1) to (3), inclusive.\n(b) An action brought under this section shall not be dismissed for failure to comply with any previously applicable statute of limitations.\n(c) Section 361 shall not apply to an action brought pursuant to this section if all or part of the unlawful act or acts out of which the action arises occurred in this state.\n(d) A prevailing plaintiff may be awarded reasonable attorney\u2019s fees and litigation costs including, but not limited to, expert witness fees and expenses as part of the costs.\n(e) This section shall apply to all actions commenced concerning an act described in paragraphs (1) to (4), inclusive, of subdivision (a), that occurs on or after January 1, 2016.\n(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.","title":""}
{"_id":"c346","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 54.27 is added to the Civil Code, to read:\n54.27.\n(a) An attorney who provides a prelitigation letter to an education entity shall do both of the following:\n(1) Include the attorney\u2019s State Bar license number in the prelitigation letter.\n(2) Within five business days of providing the prelitigation letter, send a copy of the prelitigation letter to the California Commission on Disability Access.\n(b) An attorney who sends or serves a complaint against an education entity shall do both of the following:\n(1) Send a copy of the complaint and submit information about the complaint in a standard format specified by the California Commission on Disability Access to the commission within five business days of sending or serving the complaint.\n(2) Notify the California Commission on Disability Access within five business days of judgment, settlement, or dismissal of the claim or claims alleged in the complaint of the following information in a standard format specified by the commission:\n(A) The date of the judgment, settlement, or dismissal.\n(B) Whether or not the construction-related accessibility violations alleged in the complaint were remedied in whole or in part after the plaintiff filed a complaint.\n(C) If the construction-related accessibility violations alleged in the complaint were not remedied in whole or in part after the plaintiff filed a complaint, whether or not another favorable result was achieved after the plaintiff filed the complaint.\n(c) A violation of paragraph (2) of subdivision (a) or subdivision (b) shall constitute cause for the imposition of discipline of an attorney if a copy of the prelitigation letter, complaint, or notification of a case outcome is not sent to the California Commission on Disability Access within five business days. In the event the State Bar receives information indicating that an attorney has failed to send a copy of the prelitigation letter, complaint, or notification of a case outcome to the California Commission on Disability Access within five business days, the State Bar shall investigate to determine whether paragraph (2) of subdivision (a) or subdivision (b) has been violated.\n(d) Notwithstanding subdivisions (a) and (b), an attorney is not required to send to the California Commission on Disability Access a copy of any subsequent prelitigation letter or amended complaint in the same dispute following the initial prelitigation letter or complaint, unless that subsequent prelitigation letter or amended complaint alleges a new construction-related accessibility claim.\n(e) A prelitigation letter or notification of a case outcome sent to the California Commission on Disability Access shall be for the informational purposes of Section 8299.08 of the Government Code.\n(f) The California Commission on Disability Access shall review and report on the prelitigation letters, complaints, and notifications of case outcomes it receives in the same manner as provided in Section 8299.08 of the Government Code.\n(g) Paragraph (2) of subdivision (a) and subdivision (b) shall not apply to a prelitigation letter or complaint sent or filed by an attorney employed or retained by a qualified legal services project or a qualified support center, as defined in Section 6213 of the Business and Professions Code, when acting within the scope of employment in asserting a construction-related accessibility claim. The Legislature finds and declares that qualified legal services projects and support centers are extensively regulated by the State Bar of California, and that there is no evidence of any abusive use of demand letters or complaints by these organizations. The Legislature further finds that, in light of the evidence of the extraordinarily small number of construction-related accessibility cases brought by regulated legal services programs, and given the resources of those programs, exempting regulated legal services programs from the requirements of this section to report to the California Commission on Disability Access will not affect the purpose of the reporting to, and tabulation by, the commission of all other construction-related accessibility claims.\n(h) Nothing in this section applies to a claim for money or damages against a public entity governed by Division 3.6 (commencing with Section 810) of Title 1 of the Government Code or makes the requirements of this section applicable to such a claim.\n(i) For purposes of this section, the following terms have the following meanings:\n(1) \u201cComplaint\u201d means a civil complaint that is filed or is to be filed with a court and is sent to or served upon a defendant on the basis of one or more construction-related accessibility claims.\n(2) \u201cConstruction-related accessibility claim\u201d or \u201cclaim\u201d means any claim of a violation of any construction-related accessibility standard, as defined in paragraph (6) of subdivision (a) of Section 55.52, with respect to a public building, public facility, or other public place of an education entity. \u201cConstruction-related accessibility claim\u201d does not include a claim of interference with housing within the meaning of paragraph (2) of subdivision (b) of Section 54.1, or any claim of interference caused by something other than the construction-related accessibility condition of the property, including, but not limited to, the conduct of any person.\n(3) \u201cEducation entity\u201d means the Regents of the University of California, the Trustees of the California State University and the California State University, the California Community Colleges Office of the Chancellor and the California Community Colleges, a K-12 school district, or any local education agency.\n(4) \u201cPrelitigation letter\u201d means a prelitigation written document that alleges the site is in violation of one or more construction-related accessibility standards, as defined in paragraph (6) of subdivision (a) of Section 55.52 and is provided to the education entity whether or not the attorney intends to file a complaint, or eventually files a complaint, in state or federal court. A prelitigation letter does not include a claim for money or damages against a local public entity governed by Division 3.6 (commencing with Section 810) of Title 1 of the Government Code.\nSEC. 2.\nSection 8299.08 of the Government Code is amended to read:\n8299.08.\nThe commission shall compile the following data with respect to any demand letter, prelitigation letter, or complaint sent to the commission pursuant to Section 54.27 or 55.32 of the Civil Code and post the information on its Internet Web site, pursuant to the following:\n(a) The commission shall identify the various types of construction-related physical access violations alleged in the demand letters and in the complaints, respectively, and shall tabulate the number of claims alleged for each type of violation in the demand letters and complaints, respectively. For purposes of this subdivision, any demand for money letters shall be grouped as demand letters.\n(b) Periodically, but not less than every six months beginning July 31, 2013, the commission shall post on its Internet Web site a list, by type, of the 10 most frequent types of accessibility violations alleged in the demand letters and in the complaints, respectively, and the numbers of alleged violations for each listed type of violation for the prior two quarters.\n(c) The commission shall, on a quarterly basis, identify and tabulate the number of demand letters and complaints received by the commission. The commission shall further ascertain whether a complaint was filed in state or federal court and tabulate the number of complaints filed in state or federal court, respectively. This data shall be posted on the commission\u2019s Internet Web site periodically, but not less than every six months beginning July 31, 2013.\n(d) Commencing in 2014, and notwithstanding Section 10231.5, the commission shall make an annual report to the Legislature and the Chairs of the Senate and Assembly Committees on Judiciary by January 31 of each year of the tabulated data for the preceding calendar year as set forth in subdivisions (a) to (c), inclusive. A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795.","title":""}
{"_id":"c369","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 667.61 of the Penal Code is amended to read:\n667.61.\n(a) Except as provided in subdivision (j), (l), or (m), any person who is convicted of an offense specified in subdivision (c) under one or more of the circumstances specified in subdivision (d) or under two or more of the circumstances specified in subdivision (e) shall be punished by imprisonment in the state prison for 25 years to life.\n(b) Except as provided in subdivision (a), (j), (l), or (m), any person who is convicted of an offense specified in subdivision (c) under one of the circumstances specified in subdivision (e) shall be punished by imprisonment in the state prison for 15 years to life.\n(c) This section shall apply to any of the following offenses:\n(1) Rape, in violation of paragraph (2) or (6) of subdivision (a) of Section 261.\n(2) Spousal rape, in violation of paragraph (1) or (4) of subdivision (a) of Section 262.\n(3) Rape, spousal rape, or sexual penetration, in concert, in violation of Section 264.1.\n(4) Lewd or lascivious act, in violation of subdivision (b) of Section 288.\n(5) Sexual penetration, in violation of subdivision (a) of Section 289.\n(6) Sodomy, in violation of paragraph (2) or (3) of subdivision (c), or subdivision (d), of Section 286.\n(7) Oral copulation, in violation of paragraph (2) or (3) of subdivision (c), or subdivision (d), of Section 288a.\n(8) Lewd or lascivious act, in violation of subdivision (a) of Section 288.\n(9) Continuous sexual abuse of a\nchild,\nchild\nin violation of Section 288.5.\n(10) Rape, in violation of paragraph (1) of subdivision (a) of Section 261, if the victim was \u201cdevelopmentally disabled,\u201d as defined in subdivision (d) of Section 667.9, and that fact is alleged in the accusatory pleading and either admitted by the defendant in open court or found to be true by the trier of fact.\n(11) Sexual penetration, in violation of subdivision (b) of Section 289, if the victim was \u201cdevelopmentally disabled,\u201d as defined in subdivision (d) of Section 667.9, and that fact is alleged in the accusatory pleading and either admitted by the defendant in open court or found to be true by the trier of fact.\n(12) Sodomy, in violation of subdivision (g) of Section 286, if the victim was \u201cdevelopmentally disabled,\u201d as defined in subdivision (d) of Section 667.9, and that fact is alleged in the accusatory pleading and either admitted by the defendant in open court or found to be true by the trier of fact.\n(13) Oral copulation, in violation of subdivision (g) of Section 288a, if the victim was \u201cdevelopmentally disabled,\u201d as defined in subdivision (d) of Section 667.9, and that fact is alleged in the accusatory pleading and either admitted by the defendant in open court or found to be true by the trier of fact.\n(d) The following circumstances shall apply to the offenses specified in subdivision (c):\n(1) The defendant has been previously convicted of an offense specified in subdivision (c), including an offense committed in another jurisdiction that includes all of the elements of an offense specified in subdivision (c).\n(2) The defendant kidnapped the victim of the present offense and the movement of the victim substantially increased the risk of harm to the victim over and above that level of risk necessarily inherent in the underlying offense in subdivision (c).\n(3) The defendant inflicted aggravated mayhem or torture on the victim or another person in the commission of the present offense in violation of Section 205 or 206.\n(4) The defendant committed the present offense during the commission of a burglary of the first degree, as defined in subdivision (a) of Section 460, with intent to commit an offense specified in subdivision (c).\n(5) The defendant committed the present offense in violation of Section 264.1, subdivision (d) of Section 286, or subdivision (d) of Section 288a, and, in the commission of that offense, any person committed any act described in paragraph (2), (3), or (4) of this subdivision.\n(6) The defendant personally inflicted great bodily injury on the victim or another person in the commission of the present offense in violation of Section 12022.53, 12022.7, or 12022.8.\n(7) The defendant personally inflicted bodily harm on the victim who was under 14 years of age.\n(e) The following circumstances shall apply to the offenses specified in subdivision (c):\n(1) Except as provided in paragraph (2) of subdivision (d), the defendant kidnapped the victim of the present offense in violation of Section 207, 209, or 209.5.\n(2) Except as provided in paragraph (4) of subdivision (d), the defendant committed the present offense during the commission of a burglary in violation of Section 459.\n(3) The defendant personally used a dangerous or deadly weapon or a firearm in the commission of the present offense in violation of Section 12022, 12022.3, 12022.5, or 12022.53.\n(4) The defendant has been convicted in the present case or cases of committing an offense specified in subdivision (c) against more than one victim.\n(5) The defendant engaged in the tying or binding of the victim or another person in the commission of the present offense.\n(6) The defendant administered a controlled substance to the victim in the commission of the present offense in violation of Section 12022.75.\n(7) The defendant committed the present offense in violation of Section 264.1, subdivision (d) of Section 286, or subdivision (d) of Section 288a, and, in the commission of that offense, any person committed any act described in paragraph (1), (2), (3), (5), or (6) of this subdivision or paragraph (6) of subdivision (d).\n(f) If only the minimum number of circumstances specified in subdivision (d) or (e) that are required for the punishment provided in subdivision (a), (b), (j), (l), or (m) to apply have been pled and proved, that circumstance or those circumstances shall be used as the basis for imposing the term provided in subdivision (a), (b), (j), (l), or (m) whichever is greater, rather than being used to impose the punishment authorized under any other provision of law, unless another provision of law provides for a greater penalty or the punishment under another provision of law can be imposed in addition to the punishment provided by this section. However, if any additional circumstance or circumstances specified in subdivision (d) or (e) have been pled and proved, the minimum number of circumstances shall be used as the basis for imposing the term provided in subdivision (a), (j), or (l) and any other additional circumstance or circumstances shall be used to impose any punishment or enhancement authorized under any other provision of law.\n(g) Notwithstanding Section 1385 or any other provision of law, the court shall not strike any allegation, admission, or finding of any of the circumstances specified in subdivision (d) or (e) for any person who is subject to punishment under this section.\n(h) Notwithstanding any other provision of law, probation shall not be granted to, nor shall the execution or imposition of sentence be suspended for, any person who is subject to punishment under this section.\n(i) For any offense specified in paragraphs (1) to (7), inclusive, of subdivision (c), or in paragraphs (1) to (6), inclusive, of subdivision (n), the court shall impose a consecutive sentence for each offense that results in a conviction under this section if the crimes involve separate victims or involve the same victim on separate occasions\n,\nas defined in subdivision (d) of Section 667.6.\n(j) (1) Any person who is convicted of an offense specified in subdivision (c), with the exception of a violation of subdivision (a) of Section 288, upon a victim who is a child under 14 years of age under one or more of the circumstances specified in subdivision (d) or under two or more of the circumstances specified in subdivision (e), shall be punished by imprisonment in the state prison for life without the possibility of parole. Where the person was under 18 years of age at the time of the offense, the person shall be punished by imprisonment in the state prison for 25 years to life.\n(2) Any person who is convicted of an offense specified in subdivision (c) under one of the circumstances specified in subdivision (e), upon a victim who is a child under 14 years of age, shall be punished by imprisonment in the state prison for 25 years to life.\n(k) As used in this section, \u201cbodily harm\u201d means any substantial physical injury resulting from the use of force that is more than the force necessary to commit an offense specified in subdivision (c).\n(l) Any person who is convicted of an offense specified in subdivision (n) under one or more of the circumstances specified in subdivision (d) or under two or more of the circumstances specified in subdivision (e), upon a victim who is a\nminor\nminor,\n14 years of age or\nolder\nolder,\nshall be punished by imprisonment in the state prison for life without the possibility of parole. If the person who was convicted was under 18 years of age at the time of the offense, he or she shall be punished by imprisonment in the state prison for 25 years to life.\n(m) Any person who is convicted of an offense specified in subdivision (n) under one of the circumstances specified in subdivision (e) against a\nminor\nminor,\n14 years of age or\nolder\nolder,\nshall be punished by imprisonment in the state prison for 25 years to life.\n(n) Subdivisions (l) and (m) shall apply to any of the following offenses:\n(1) Rape, in violation of paragraph (2) of subdivision (a) of Section 261.\n(2) Spousal rape, in violation of paragraph (1) of subdivision (a) of Section 262.\n(3) Rape, spousal rape, or sexual penetration, in concert, in violation of Section 264.1.\n(4) Sexual penetration, in violation of paragraph (1) of subdivision (a) of Section 289.\n(5) Sodomy, in violation of paragraph (2) of subdivision (c) of Section 286, or in violation of subdivision (d) of Section 286.\n(6) Oral copulation, in violation of paragraph (2) of subdivision (c) of Section 288a, or in violation of subdivision (d) of Section 288a.\n(7) Rape, in violation of paragraph (1) of subdivision (a) of Section 261, if the victim was \u201cdevelopmentally disabled,\u201d as defined in subdivision (d) of Section 667.9, and that fact is alleged in the accusatory pleading and either admitted by the defendant in open court or found to be true by the trier of fact.\n(8) Sexual penetration, in violation of subdivision (b) of Section 289, if the victim was \u201cdevelopmentally disabled,\u201d as defined in subdivision (d) of Section 667.9, and that fact is alleged in the accusatory pleading and either admitted by the defendant in open court or found to be true by the trier of fact.\n(9) Sodomy, in violation of subdivision (g) of Section 286, if the victim was \u201cdevelopmentally disabled,\u201d as defined in subdivision (d) of Section 667.9, and that fact is alleged in the accusatory pleading and either admitted by the defendant in open court or found to be true by the trier of fact.\n(10) Oral copulation, in violation of subdivision (g) of Section 288a, if the victim was \u201cdevelopmentally disabled,\u201d as defined in subdivision (d) of Section 667.9, and that fact is alleged in the accusatory pleading and either admitted by the defendant in open court or found to be true by the trier of fact.\n(o) The penalties provided in this section shall apply only if the existence of any circumstance specified in subdivision (d) or (e) is alleged in the accusatory pleading pursuant to this section, and is either admitted by the defendant in open court or found to be true by the trier of fact.\nSEC. 2.\nSection 667.9 of the Penal Code is amended to read:\n667.9.\n(a) Any person who commits one or more of the crimes specified in subdivision (c) against a person who is 65 years of age or older, or against a person who is blind, deaf, developmentally disabled, a paraplegic, or a quadriplegic, or against a person who is under the age of 14 years, and that disability or condition is known or reasonably should be known to the person committing the crime, shall receive a one-year enhancement for each violation.\n(b) Any person who commits a violation of subdivision (a) and who has a prior conviction for any of the offenses specified in subdivision (c), shall receive a two-year enhancement for each violation in addition to the sentence provided under Section 667.\n(c) Subdivisions (a) and (b) apply to the following crimes:\n(1) Mayhem, in violation of Section 203 or 205.\n(2) Kidnapping, in violation of Section 207, 209, or 209.5.\n(3) Robbery, in violation of Section 211.\n(4) Carjacking, in violation of Section 215.\n(5) Rape, in violation of paragraph\n(2)\n(1), (2),\nor (6) of subdivision (a) of Section 261.\n(6) Spousal rape, in violation of paragraph (1) or (4) of subdivision (a) of Section 262.\n(7) Rape, spousal rape, or sexual penetration in concert, in violation of Section 264.1.\n(8) Sodomy, in violation of paragraph (2) or (3) of subdivision (c), or subdivision\n(d),\n(d) or (g),\nof Section 286.\n(9) Oral copulation, in violation of paragraph (2) or (3) of subdivision (c), or subdivision\n(d),\n(d) or (g),\nof Section 288a.\n(10) Sexual penetration, in violation of subdivision (a)\nor (b)\nof Section 289.\n(11) Burglary of the first degree, as defined in Section 460, in violation of Section 459.\n(d) As used in this section, \u201cdevelopmentally disabled\u201d means a severe, chronic disability of a person, which is all of the following:\n(1) Attributable to a mental or physical impairment or a combination of mental and physical impairments.\n(2) Likely to continue indefinitely.\n(3) Results in substantial functional limitation in three or more of the following areas of life activity:\n(A) Self-care.\n(B) Receptive and expressive language.\n(C) Learning.\n(D) Mobility.\n(E) Self-direction.\n(F) Capacity for independent living.\n(G) Economic self-sufficiency.\nSEC. 3.\nNo reimbursement is required by this act pursuant to Section 6 of Article XIII\u2009B 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\u2009B of the California Constitution.","title":""}
{"_id":"c174","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 170 of the Revenue and Taxation Code is amended to read:\n170.\n(a) Notwithstanding any other law, the board of supervisors, by ordinance, may provide that every assessee of any taxable property, or any person liable for the taxes on that property, whose property was damaged or destroyed without his or her fault, may apply for reassessment of that property as provided in this section. The ordinance may also specify that the assessor may initiate the reassessment where the assessor determines that within the preceding 12 months taxable property located in the county was damaged or destroyed.\nTo be eligible for reassessment the damage or destruction to the property shall have been caused by any of the following:\n(1) A major misfortune or calamity, in an area or region subsequently proclaimed by the Governor to be in a state of emergency or disaster, if that property was damaged or destroyed by the major misfortune or calamity that caused the Governor to proclaim the area or region to be in a state of emergency or disaster. As used in this paragraph, \u201cdamage\u201d includes a diminution in the value of property as a result of restricted access or environmental contamination to the property where that restricted access or environmental contamination was caused by the major misfortune or calamity.\n(2) A misfortune or calamity.\n(3) A misfortune or calamity that, with respect to a possessory interest in land owned by the state or federal government, has caused the permit or other right to enter upon the land to be suspended or restricted. As used in this paragraph, \u201cmisfortune or calamity\u201d includes a drought condition such as existed in this state in 1976 and 1977.\nThe application for reassessment may be filed within the time specified in the ordinance or within 12 months of the misfortune or calamity, whichever is later, by delivering to the assessor a written application requesting reassessment showing the condition and value, if any, of the property immediately after the damage or destruction, and the dollar amount of the damage. The application shall be executed under penalty of perjury, or if executed outside the State of California, verified by affidavit.\nAn ordinance may be made applicable to a major misfortune or calamity specified in paragraph (1) or to any misfortune or calamity specified in paragraph (2), or to both, as the board of supervisors determines. An ordinance shall not be made applicable to a misfortune or calamity specified in paragraph (3), unless an ordinance making paragraph (2) applicable is operative in the county. The ordinance may specify a period of time within which the ordinance shall be effective, and, if no period of time is specified, it shall remain in effect until repealed.\n(b) Upon receiving a proper application, the assessor shall appraise the property and determine separately the full cash value of land, improvements, and personalty immediately before and after the damage or destruction. If the sum of the full cash values of the land, improvements, and personalty before the damage or destruction exceeds the sum of the values after the damage by ten thousand dollars ($10,000) or more, the assessor shall also separately determine the percentage reductions in value of land, improvements, and personalty due to the damage or destruction. The assessor shall reduce the values appearing on the assessment roll by the percentages of damage or destruction computed pursuant to this subdivision, and the taxes due on the property shall be adjusted as provided in subdivision (e). However, the amount of the reduction shall not exceed the actual loss.\n(c) (1) As used in this subdivision, \u201cboard\u201d means either the county board of supervisors acting as the county board of equalization, or an assessment appeals board established by the county board of supervisors in accordance with Section 1620, as applicable.\n(2) The assessor shall notify the applicant in writing of the amount of the proposed reassessment. The notice shall state that the applicant may appeal the proposed reassessment to the board within six months of the date of mailing the notice. If an appeal is requested within the six-month period, the board shall hear and decide the matter as if the proposed reassessment had been entered on the roll as an assessment made outside the regular assessment period. The decision of the board regarding the damaged value of the property shall be final, provided that a decision of the board regarding any reassessment made pursuant to this section shall create no presumption as regards the value of the affected property subsequent to the date of the damage.\n(3) Those reassessed values resulting from reductions in full cash value of amounts, as determined above, shall be forwarded to the auditor by the assessor or the clerk of the board, as the case may be. The auditor shall enter the reassessed values on the roll. After being entered on the roll, those reassessed values shall not be subject to review, except by a court of competent jurisdiction.\n(d) (1) If no application is made and the assessor determines that within the preceding 12 months a property has suffered damage caused by misfortune or calamity that may qualify the property owner for relief under an ordinance adopted under this section, the assessor shall provide the last known owner of the property with an application for reassessment. The property owner shall file the completed application within 12 months after the occurrence of that damage. Upon receipt of a properly completed, timely filed application, the property shall be reassessed in the same manner as required in subdivision (b).\n(2) This subdivision does not apply where the assessor initiated reassessment as provided in subdivision (a) or (l).\n(e) The tax rate fixed for property on the roll on which the property so reassessed appeared at the time of the misfortune or calamity, shall be applied to the amount of the reassessment as determined in accordance with this section and the assessee shall be liable for: (1) a prorated portion of the taxes that would have been due on the property for the current fiscal year had the misfortune or calamity not occurred, to be determined on the basis of the number of months in the current fiscal year prior to the misfortune or calamity; plus, (2) a proration of the tax due on the property as reassessed in its damaged or destroyed condition, to be determined on the basis of the number of months in the fiscal year after the damage or destruction, including the month in which the damage was incurred. For purposes of applying the preceding calculation in prorating supplemental taxes, the term \u201cfiscal year\u201d means that portion of the tax year used to determine the adjusted amount of taxes due pursuant to subdivision (b) of Section 75.41. If the damage or destruction occurred after January 1 and before the beginning of the next fiscal year, the reassessment shall be utilized to determine the tax liability for the next fiscal year. However, if the property is fully restored during the next fiscal year, taxes due for that year shall be prorated based on the number of months in the year before and after the completion of restoration.\n(f) Any tax paid in excess of the total tax due shall be refunded to the taxpayer pursuant to Chapter 5 (commencing with Section 5096) of Part 9, as an erroneously collected tax or by order of the board of supervisors without the necessity of a claim being filed pursuant to Chapter 5.\n(g) (1) The assessed value of the property in its damaged condition, as determined pursuant to subdivision (b) compounded annually by the inflation factor specified in subdivision (a) of Section 51, shall be the taxable value of the property until it is restored, repaired, reconstructed, or other provisions of the law require the establishment of a new base year value.\n(2) If partial reconstruction, restoration, or repair has occurred on any subsequent lien date, the taxable value shall be increased by an amount determined by multiplying the difference between its factored base year value immediately before the calamity and its assessed value in its damaged condition by the percentage of the repair, reconstruction, or restoration completed on that lien date.\n(3) (A) On the third lien date following the calamity, if partial reconstruction, restoration, or repair is not progressing in a timely fashion, the assessed value of the property shall be determined pursuant to subdivision (a) of Section 51.\n(B) This paragraph shall only apply to property destroyed or damaged in an area or region proclaimed by the Governor to be in a state of emergency.\n(h) (1) When the property is fully repaired, restored, or reconstructed, the assessor shall make an additional assessment or assessments in accordance with subparagraph (A) or (B) upon completion of the repair, restoration, or reconstruction:\n(A) If the completion of the repair, restoration, or reconstruction occurs on or after January 1, but on or before May 31, then there shall be two additional assessments. The first additional assessment shall be the difference between the new taxable value as of the date of completion and the taxable value on the current roll. The second additional assessment shall be the difference between the new taxable value as of the date of completion and the taxable value to be enrolled on the roll being prepared.\n(B) If the completion of the repair, restoration, or reconstruction occurs on or after June 1, but before the succeeding January 1, then the additional assessment shall be the difference between the new taxable value as of the date of completion and the taxable value on the current roll.\n(2) On the lien date following completion of the repair, restoration, or reconstruction, the assessor shall enroll the new taxable value of the property as of that lien date.\n(3) For purposes of this subdivision, \u201cnew taxable value\u201d shall mean the lesser of the property\u2019s (A) full cash value, or (B) factored base year value or its factored base year value as adjusted pursuant to subdivision (c) of Section 70.\n(i) The assessor may apply Chapter 3.5 (commencing with Section 75) of Part 0.5 in implementing this section, to the extent that chapter is consistent with this section.\n(j) This section applies to all counties, whether operating under a charter or under the general laws of this state.\n(k) Any ordinance in effect pursuant to former Section 155.1, 155.13, or 155.14 shall remain in effect according to its terms as if that ordinance was adopted pursuant to this section, subject to the limitations of subdivision (b).\n(l) When the assessor does not have the general authority pursuant to subdivision (a) to initiate reassessments, if no application is made and the assessor determines that within the preceding 12 months a property has suffered damage caused by misfortune or calamity, that may qualify the property owner for relief under an ordinance adopted under this section, the assessor, with the approval of the board of supervisors, may reassess the particular property for which approval was granted as provided in subdivision (b) and notify the last known owner of the property of the reassessment.\n(m) The amendments made to this section by the act adding this subdivision shall apply retroactively to the County of Los Angeles with respect to property located in the Porter Ranch neighborhood in the City of Los Angeles that was affected by the methane gas leak in that area in 2015 and 2016. Notwithstanding any other law, in the case of these properties, the application for reassessment may be filed within 12 months of the enactment of this subdivision or within the time specified in the ordinance, whichever is later. This subdivision does not alter any existing law regarding claims or defenses related to diminution of property values. The enactment of this subdivision does not in itself establish a presumption that property values have declined or that any property is in any way \u201cdamaged or destroyed\u201d or otherwise \u201ccontaminated\u201d for purposes of a civil action related to the methane gas leak that occurred in the Porter Ranch neighborhood of the City of Los Angeles in 2015 and 2016.\nSEC. 2.\nThe 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 related to the methane gas leak that occurred in the Porter Ranch neighborhood of the City of Los Angeles in 2015 and 2016.\nSEC. 3.\nThis 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:\nIn order to as soon as possible provide necessary relief to the residents of the Porter Ranch neighborhood in the City of Los Angeles that were affected by the methane gas leak that occurred there in 2015 and 2016, it is necessary that this act take effect immediately.","title":""}
{"_id":"c379","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 7021 is added to the Business and Professions Code, to read:\n7021.\nThe board may enter into an interagency agreement with any other state or local agency the board deems to be in possession of any information relevant to its priority to protect the public described in Section 7000.6.\nSEC. 2.\nSection 7071.18 is added to the Business and Professions Code, to read:\n7071.18.\n(a) Notwithstanding any other law, a licensee shall report to the registrar in writing the occurrence of any of the following within 90 days after the licensee obtains knowledge of the event:\n(1) The conviction of the licensee for any felony.\n(2) The conviction of the licensee for any other crime that is substantially related to the qualifications, functions, and duties of a licensed contractor.\n(b) (1) The board shall consult with licensees, consumers, and other interested stakeholders in order to prepare a study of judgments, arbitration awards, and settlements that were the result of claims for construction defects for rental residential units and, by January 1, 2018, shall report to the Legislature the results of this study to determine if the board\u2019s ability to protect the public as described in Section 7000.6 would be enhanced by regulations requiring licensees to report judgments, arbitration awards, or settlement payments of those claims. Participation by licensees and consumers shall be voluntary. The study shall include, but not be limited to, criteria used by insurers or others to differentiate between settlements that are for nuisance value and those that are not, whether settlement information or other information can help identify licensees who may be subject to an enforcement action, if there is a way to separate subcontractors from general contractors when identifying licensees who may be subject to an enforcement action, whether reporting should be limited to settlements resulting from construction defects that resulted in death or injury, the practice of other boards within the department, and any other criteria considered reasonable by the board. The board shall submit the report to the Legislature in accordance with Section 9795 of the Government Code.\n(2) Records or documents obtained by the board during the course of implementing this subdivision that are exempt from public disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) shall remain exempt from disclosure pursuant to that act.\nSEC. 3.\nSection 18924.5 is added to the Health and Safety Code, to read:\n18924.5.\n(a) By January 1, 2018, the working group formed by the California Building Standards Commission to study recent exterior elevated element failures in California shall submit a report to the appropriate policy committees of the Legislature containing any findings and possible recommendations for statutory changes or changes to the California Building Standards Code.\n(b) The working group shall review related documents and reports, including, but not limited to, any available forensic reports related to exterior elevated element failures in California, reports and studies used in the development of national and state building codes, and any other material deemed relevant to make recommendations to the appropriate state agency or agencies for the development of proposed building standards for exterior elevated elements.\n(c) The working group shall solicit technical expertise as appropriate from, but not limited to, representatives from the Department of Housing and Community Development, the Division of the State Architect\u2014Structural Safety, the Office of the State Fire Marshal, local building officials and plan checkers, e Contractors\u2019 State License Law (Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code).\nSEC. 5.\nThe Legislature finds and declares that Section 2 of this act, which adds Section 7071.18 to the Business and Professions Code, imposes a limitation on the public\u2019s 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:\nBy allowing records and documents exempt from disclosure to be shared with the Contractors\u2019 State License Board and remain nonpublic under the Public Records Act, the act adding this section would encourage private individuals and entities to provide the board with information that is vital to the success of its study and report to determine whether additional regulations are appropriate. Therefore, this act properly balances the public\u2019s right to access to public records in the possession of the board with the need for the state to obtain otherwise private information.","title":""}
{"_id":"c472","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nThe Legislature finds and declares the following:\n(a) It is a matter of statewide concern that responsible competitive bidding at the University of California become more transparent than it is at present, in order that illegal and abusive employment practices by contractors can be prevented and, if not prevented, then brought to light and eliminated, with all victims of wage theft made whole for their employers\u2019 violations.\n(b) It is a matter of statewide concern that responsible competitive bidding at the University of California not undercut the wages and benefits provided by the University of California for comparable work, given that a significant percentage of University of California employees already are eligible for public benefits and any material decrease in the compensation of employees performing such work would result in materially increased General Fund costs for the provision of benefits.\n(c) It is a matter of statewide concern that the University of California not repeat past instances in which public resources have been squandered via contracting out to for-profit private contractors that charge significant administrative overhead.\n(d) In amending the Public Contract Code to promote responsible contracting at the University of California, it is important to delay the amendments\u2019 effective date until January 1, 2018, in order to afford adequate preparatory time to the university and to contractors intending to bid on university contracts, as well as to lessen the cost of the amendments\u2019 requirements by delaying their effect until after the university\u2019s $15 per hour minimum wage for contracted employees is fully in effect.\nSEC. 2.\nSection 10507.6 is added to the Public Contract Code, to read:\n10507.6.\n(a) For the purposes of this article, to qualify as a lowest responsible bidder or best value awardee on any contract for building maintenance, cleaning or custodial services, call center services, dining and food services, gardening, grounds keeping and plant nursery services, laborer services, mail room services, parking, shuttle bus, or transportation services, security services, storekeeper services, truck driving services, patient care technical employee services, patient billing services, medical transcribing services, patient escort services, or nursing assistant services a bidder shall satisfy the requirements set forth in this section.\n(b) (1) A bidder shall certify in writing to the University of California that the bid includes a total employee compensation package, including fringe benefits, that is valued on a per-employee basis at a level sufficient that it does not undercut by more than 5 percent the average per-employee value of total compensation, including fringe benefits, for employees of the University of California who perform comparable work at the relevant campus, medical center, or laboratory at which the bidder proposes to perform the work.\n(2) The University of California shall implement this section by including in its request for proposals a calculation of the average per-employee value of total compensation, including fringe benefits, for employees of the University of California who perform comparable work at the relevant campus, medical center, or laboratory, and that calculation shall use all known cost escalators to project the future rate of growth of average per-employee total compensation costs.\n(c) A bidder shall certify in writing to the University of California that, within the prior five years, the bidder has not been found liable for any violation of Section 484 of the Penal Code, Sections 200 through 558, inclusive, 1197.5, or 2810.5 of the Labor Code, or any wage order issued by the Industrial Welfare Commission, in any amount totaling more than twenty thousand dollars ($20,000) or 0.3 percent of the bidder\u2019s most recent annual gross revenue, whichever is less.\n(d) All records provided by a bidder or contractor to the university pursuant to this section shall be disclosed to any member of the public making a request to the university under Section 6253 of the Government Code, provided that (1) the university shall redact those portions of such records containing confidential information within the meaning of subdivision (c) of Section 6254 of the Government Code, and (2) the university, in responding to any request made during the course of a bid process that is not yet complete, shall delay until after the bid process is complete before disclosing any records containing materials submitted by a bidder.\n(e) The requirements of this section shall not apply to employees covered by Section 1191.5 of the Labor Code or subdivision (c) of Section 214 of Title 29 of the United States Code. Any employees covered by Section 1191.5 of the Labor Code or subdivision (c) of Section 214 of Title 29 of the United States Code shall be omitted from any and all certifications and disclosures required by this article.\n(f) This section does not apply to any work subject to Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code.\n(g) This section shall become operative January 1, 2018.\nSEC. 3.\nSection 10507.7 of the Public Contract Code is amended to read:\n10507.7.\n(a) Except as provided for in this article, the Regents of the University of California shall let all contracts involving an expenditure of more than one hundred thousand dollars ($100,000) annually for goods and materials to be sold to the University of California to the lowest responsible bidder meeting specifications, or else reject all bids. Contracts for services to be performed, other than personal or professional services, involving an expenditure of one hundred thousand dollars ($100,000) or more annually shall be made or entered into with the lowest responsible bidder meeting specifications, or else all bids shall be rejected. If the regents deem it to be for the best interest of the university, the regents may, on the refusal or failure of the successful bidder for materials, goods, or services to execute a tendered contract, award it to the second lowest responsible bidder meeting specifications. If the second lowest responsible bidder fails or refuses to execute the contract, the regents may likewise award it to the third lowest responsible bidder meeting specifications.\n(b) 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, deletes or extends that date.\nSEC. 4.\nSection 10507.7 is added to the Public Contract Code, to read:\n10507.7.\n(a) Except as provided for in this article, the Regents of the University of California shall let all contracts involving an expenditure of more than one hundred thousand dollars ($100,000) annually for goods and materials to be sold to the University of California to the lowest responsible bidder meeting specifications, or else reject all bids. Contracts for services to be performed, other than personal or professional services, involving an expenditure of one hundred thousand dollars ($100,000) or more annually shall be made or entered into with the lowest responsible bidder meeting specifications, or else all bids shall be rejected. If the regents deem it to be for the best interest of the university, the regents may, on the refusal or failure of the successful bidder for materials, goods, or services to execute a tendered contract, award it to the second lowest responsible bidder meeting specifications. If the second lowest responsible bidder fails or refuses to execute the contract, the regents may likewise award it to the third lowest responsible bidder meeting specifications.\n(b) For the purposes of this section, contracts for services involving an expenditure of one hundred thousand dollars ($100,000) or more annually shall include any renewal or extension of an existing contract if the renewal or extension involves an expenditure of one hundred thousand dollars ($100,000) or more annually.\n(c) This section shall become operative on January 1, 2018.","title":""}
{"_id":"c218","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 2101 of the Elections Code, as enacted by Section 2 of Chapter 920 of the Statutes of 1994, is amended to read:\n2101.\n(a) A person entitled to register to vote shall be a United States citizen, a resident of California, not imprisoned or on parole for the conviction of a felony, and at least 18 years of age at the time of the next election.\n(b) For purposes of this section, the following definitions apply:\n(1) \u201cImprisoned\u201d means currently serving a state or federal prison sentence.\n(2) \u201cParole\u201d means a term of supervision by the Department of Corrections and Rehabilitation.\n(3) \u201cConviction\u201d does not include a juvenile adjudication made pursuant to Section 203 of the Welfare and Institutions Code.\nSEC. 2.\nSection 2101 of the Elections Code, as amended by Section 2 of Chapter 728 of the Statutes of 2015, is amended to read:\n2101.\n(a) A person entitled to register to vote shall be a United States citizen, a resident of California, not imprisoned or on parole for the conviction of a felony, and at least 18 years of age at the time of the next election.\n(b) A person entitled to preregister to vote in an election shall be a United States citizen, a resident of California, not imprisoned or on parole for the conviction of a felony, and at least 16 years of age.\n(c) For purposes of this section, the following definitions apply:\n(1) \u201cImprisoned\u201d means currently serving a state or federal prison sentence.\n(2) \u201cParole\u201d means a term of supervision by the Department of Corrections and Rehabilitation.\n(3) \u201cConviction\u201d does not include a juvenile adjudication made pursuant to Section 203 of the Welfare and Institutions Code.\nSEC. 3.\nSection 2106 of the Elections Code, as enacted by Section 2 of Chapter 920 of the Statutes of 1994, is amended to read:\n2106.\nA program adopted by a county pursuant to Section 2103 or 2105, that is designed to encourage the registration of electors, shall contain the following statement in any printed literature or media announcements made in connection with the program: \u201cA person entitled to register to vote must be a United States citizen, a resident of California, not currently in state or federal prison or on state parole for the conviction of a felony, and at least 18 years of age at the time of the election.\u201d\nSEC. 4.\nSection 2106 of the Elections Code, as amended by Section 2 of Chapter 619 of the Statutes of 2014, is amended to read:\n2106.\nA program adopted by a county pursuant to Section 2103 or 2105, that is designed to encourage the registration of electors, shall contain the following statement in printed literature or media announcements made in connection with the program: \u201cA person entitled to register to vote must be a United States citizen, a resident of California, not currently in state or federal prison or on state parole for the conviction of a felony, and at least 18 years of age at the time of the election. A person may preregister to vote if he or she is a United States citizen, a resident of California, not currently in state or federal prison or on state parole for the conviction of a felony, and at least 16 years of age.\u201d A county elections official may continue to use existing materials before printing new or revised materials required by any changes to this section.\nSEC. 5.\nSection 2106 of the Elections Code, as amended by Section 5 of Chapter 728 of the Statutes of 2015, is amended to read:\n2106.\nA program adopted by a county pursuant to Section 2103 or 2105, that is designed to encourage the registration of electors, shall contain the following statement in printed literature or media announcements made in connection with the program: \u201cA person entitled to register to vote must be a United States citizen, a resident of California, not currently imprisoned in a state or federal prison or on state parole for the conviction of a felony, and at least 18 years of age at the time of the election. A person may preregister to vote if he or she is a United States citizen, a resident of California, not currently imprisoned in a state or federal prison or on state parole for the conviction of a felony, and at least 16 years of age.\u201d A county elections official may continue to use existing materials before printing new or revised materials required by any changes to this section.\nSEC. 6.\nSection 2106 of the Elections Code, as amended by Section 6 of Chapter 728 of the Statutes of 2015, is amended to read:\n2106.\nA program adopted by a county pursuant to Section 2103 or 2105, that is designed to encourage the registration of electors, shall contain the following statement in any printed literature or media announcements made in connection with the program: \u201cA person entitled to register to vote must be a United States citizen, a resident of California, not currently imprisoned in a state or federal prison or on state parole for the conviction of a felony, and at least 18 years of age at the time of the election.\u201d\nSEC. 7.\nSection 2212 of the Elections Code, as amended by Section 95 of Chapter 784 of the Statutes of 2002, is amended to read:\n2212.\nThe clerk of the superior court of each county, on the basis of the records of the court, shall furnish to the county elections official, not less frequently than the first day of April and the first day of September of each year, a statement showing the names, addresses, and dates of birth of all persons who have been committed to state prison as the result of a felony conviction since the clerk\u2019s last report. The elections official shall, during the first week of April and the first week of September in each year, cancel the affidavits of registration of those persons who are currently imprisoned or on parole for the conviction of a felony. The clerk shall certify the statement under the seal of the court.\nSEC. 8.\nSection 2212 of the Elections Code, as amended by Section 65 of Chapter 728 of the Statutes of 2015, is amended to read:\n2212.\nThe clerk of the superior court of each county, on the basis of the records of the court, shall furnish to the Secretary of State and the county elections official in the format prescribed by the Secretary of State, not less frequently than the first day of every month, a statement showing the names, addresses, and dates of birth of all persons who have been committed to state prison as the result of a felony conviction since the clerk\u2019s last report. The Secretary of State or county elections official shall cancel the affidavits of registration of those persons who are currently imprisoned or on parole for the conviction of a felony. The clerk shall certify the statement under the seal of the court.\nSEC. 9.\nIf 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.","title":""}
{"_id":"c499","text":"The people of the State of California do enact as follows:\n\n\nSEe state or outside of the state.\n(2) Exporters, brokers, and transporters of recyclables or compost shall submit periodic information to the department on the types, quantities, and destinations of materials that are disposed of, sold, or transferred.\n(3) The information in the reports submitted pursuant to this subdivision may be provided to the department on an aggregated facility-wide basis and may exclude financial data, such as contract terms and conditions (including information on pricing, credit terms, volume discounts and other proprietary business terms), the jurisdiction of the origin of the materials, or information on the entities from which the materials are received. The department may provide this information to jurisdictions, aggregated by company, upon request. The aggregated information, other than that aggregated by company, is public information.\n(c) The department shall adopt regulations pursuant to this section requiring practices and procedures that are reasonable and necessary to implement this section, and that provide a representative accounting of solid wastes and recyclable materials that are handled, processed, or disposed. Those regulations approved by the department shall not impose an unreasonable burden on waste and recycling handling, processing, or disposal operations or otherwise interfere with the safe handling, processing, and disposal of solid waste and recyclables. The department shall include in those regulations both of the following:\n(1) Procedures to ensure that an opportunity to comply is provided prior to initiation of enforcement authorized by Section 41821.7.\n(2) Factors to be considered in determining penalty amounts that are similar to those provided in Section 45016.\n(d) Any person who refuses or fails to submit information required by regulations adopted pursuant to this section is liable for a civil penalty of not less than five hundred dollars ($500) and not more than five thousand dollars ($5,000) for each violation of a separate provision or, for continuing violations, for each day that the violation continues.\n(e) Any person who knowingly or willfully files a false report, or any person who refuses to permit the department or any of its representatives to make inspection or examination of records, or who fails to keep any records for the inspection of the department, or who alters, cancels, or obliterates entries in the records for the purpose of falsifying the records as required by regulations adopted pursuant to this section, is liable for a civil penalty of not less than five hundred dollars ($500) and not more than ten thousand dollars ($10,000) for each violation of a separate provision or, for continuing violations, for each day that the violation continues.\n(f) Liability under this section may be imposed in a civil action, or liability may be imposed administratively pursuant to this article.\n(g) (1) Notwithstanding Title 5 (commencing with Section 3426) of Part 1 of Division 4 of the Civil Code and Article 11 (commencing with Section 1060) of Chapter 4 of Division 8 of the Evidence Code, all records that the facility or operator is reasonably required to keep to allow the department to verify information in, or verification of, the reports required pursuant to subdivisions (a) and (b) and implementing regulations shall be subject to inspection and copying by the department, but shall be confidential and shall not be subject to disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).\n(2) Notwithstanding Title 5 (commencing with Section 3426) of Part 1 of Division 4 of the Civil Code and Article 11 (commencing with Section 1060) of Chapter 4 of Division 8 of the Evidence Code, an employee of a government entity may, at the disposal facility, inspect and copy records related to tonnage received at the facility on or after July 1, 2015, and originating within the government entity\u2019s geographic jurisdiction. Those records shall be limited to weight tags that identify the hauler, vehicle, quantity, date, type, and origin of waste received at a disposal facility. Those records shall be available to those government entities for the purposes of subdivision (a) and as necessary to enforce the collection of local fees, but those records shall be confidential and shall not be subject to disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). Names of haulers using specific landfills shall not be disclosed by a government entity unless necessary as part of an administrative or judicial enforcement proceeding to fund local programs or enforce local franchises.\n(3) A government entity may petition the superior court for injunctive or declaratory relief to enforce its authority under paragraph (2). The times for responsive pleadings and hearings in these proceedings shall be set by the judge of the court with the object of securing a decision as to these matters at the earliest possible time.\n(4) For purposes of this section, a government entity is an entity identified in Section 40145 or an entity formed pursuant to Section 40976.\n(5) For purposes of this subdivision, \u201cdisposal\u201d and \u201cdisposal facility\u201d have the same meanings as prescribed by Sections 40120.1 and 40121, respectively.\n(6) Nothing in this subdivision shall be construed to limit or expand the authority of a government entity that may have been provided by this section and implementing regulations as they read on December 31, 2015.\n(7) The records subject to inspection and copying by the department pursuant to paragraph (1) or by an employee of a government entity pursuant to paragraph (2) may be redacted by the operator before inspection to exclude confidential pricing information contained in the records, such as contract terms and conditions (including information on pricing, credit terms, volume discounts, and other proprietary business terms), if the redacted information is not information that is otherwise required to be reported to the department.\n(h) Notwithstanding the Uniform Electronic Transactions Act (Title 2.5 (commencing with Section 1633.1) of Part 2 of Division 3 of the Civil Code), reports required by this section shall be submitted electronically, using an electronic reporting format system established by the department.\n(i) All records provided in accordance with this section shall be subject to Section 40062.","title":""}
{"_id":"c181","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 17510.86 is added to the Business and Professions Code, to read:\n17510.86.\n(a) An Internet Web site produced by, or on behalf of, a charity that operates or engages in the solicitation for charitable purposes of funds or other property in this state shall include a prominent link on the home page of the Internet Web site that immediately directs all consumers to the Attorney General\u2019s Internet Web site, which contains information about consumer rights and protections and charity research resources.\n(b) A document produced by, or on behalf of, a charity for the solicitation for charitable purposes of funds or other property in this state shall include the Internet Web site address of the Attorney General\u2019s Internet Web site, which contains information about consumer rights and protections and charity research resources.\n(c) No later than July 1, 2017, the Attorney General shall develop and publish on the Attorney General\u2019s Internet Web site, which contains information about charities, informational materials containing consumer rights and protections and charity research resources to allow donors to become informed about a charity before making a decision to give.\nSECTION 1.\nSection 17510.86 is added to the\nBusiness and Professions Code\n, to read:\n17510.86.\n(a)An Internet Web site produced by, or on behalf of, a charity that operates, or engages in the solicitation for charitable purposes of funds or other property, in this state shall comply with both of the following:\n(1)The Internet Web site shall contain a financial disclosures Internet Web page, which shall include both of the following:\n(A)A disclosure of the sum total of the salaries, other compensation, and employee benefits of the charity\u2019s executive director and board of directors and all of the charity\u2019s other administrative overhead expenses, as reported on the charity\u2019s most recent Internal Revenue Service Form 990 filing. The disclosure shall be set forth in at least 14-point, bold, sans serif type font and shall be clear and conspicuous, as defined in Section 17601.\n(B)A complete copy of the charity\u2019s most recent Internal Revenue Service Form 990 filing.\n(2)Each Internet Web page on the Internet Web site shall include a direct link to the financial disclosures Internet Web page required pursuant to paragraph (1). The direct link shall contain the phrase \u201cClick here to read a full disclosure of the finances, including the salaries and expenses, of this organization,\u201d shall be placed in the top right corner of each Internet Web page in at least 14-point, bold, sans serif type font, and shall be clear and conspicuous, as defined in Section 17601.\n(b)(1)A document produced by, or on behalf of, a charity for the solicitation for charitable purposes of funds or other property in this state shall include a disclosure statement indicating the percentage of the charity\u2019s funding that is spent on the sum total of the salaries, other compensation, and employee benefits of the charity\u2019s executive director and board of directors and all of the charity\u2019s other administrative overhead expenses, as reported on the charity\u2019s most recent Internal Revenue Service Form 990 filing.\n(2)The disclosure statement shall be printed on the first page of the document in at least 14-point, bold, sans serif type font and shall be clear and conspicuous, as defined in Section 17601.\n(c)The Attorney General may enforce this section by taking any of the following actions against a charity that provides false information or otherwise violates this section:\n(1)Directing the Franchise Tax Board to suspend or revoke the charity\u2019s exemption from the taxes imposed by the Corporation Tax Law (Part 11 (commencing with Section 23001) of Division 2 of the Revenue and Taxation Code). The suspension or revocation shall become effective immediately upon receipt by the Franchise Tax Board, and the Franchise Tax Board shall reinstate the exemption only upon subsequent notification by the Attorney General that the charity is in compliance with this section.\n(2)Refusing to register, or revoking or suspending the registration of, a charity pursuant to the Supervision of Trustees and Fundraisers for Charitable Purposes Act (Article 7 (commencing with Section 12580) of Chapter 6 of Part 2 of Division 3 of Title 2 of the Government Code).\n(3)Taking any other enforcement action pursuant to the Attorney General\u2019s existing powers and duties.\nSEC. 2.\nNo reimbursement is required by this act pursuant to Section 6 of Article XIII\u2009B 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\u2009B of the California Constitution.","title":""}
{"_id":"c100","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 1170.05 of the Penal Code is amended to read:\n1170.05.\n(a) Notwithstanding any other law, the Secretary of the Department of Corrections and Rehabilitation is authorized to offer a program under which female inmates as specified in subdivision (c), who are not precluded by subdivision (d), and who have been committed to state prison may be allowed to participate in a voluntary alternative custody program as defined in subdivision (b) in lieu of their confinement in state prison. In order to qualify for the program an offender need not be confined in an institution under the jurisdiction of the Department of Corrections and Rehabilitation. Under this program, one day of participation in an alternative custody program shall be in lieu of one day of incarceration in the state prison. Participants in the program shall receive any sentence reduction credits that they would have received had they served their sentence in the state prison, and shall be subject to denial and loss of credit pursuant to subdivision (a) of Section 2932. The department may enter into contracts with county agencies, not-for-profit organizations, for-profit organizations, and others in order to promote alternative custody placements.\n(b) As used in this section, an alternative custody program shall include, but not be limited to, the following:\n(1) Confinement to a residential home during the hours designated by the department.\n(2) Confinement to a residential drug or treatment program during the hours designated by the department.\n(3) Confinement to a transitional care facility that offers appropriate services.\n(c) Except as provided by subdivision (d), female inmates sentenced to state prison for a determinate term of imprisonment pursuant to Section 1170, and only those persons, are eligible to participate in the alternative custody program authorized by this section.\n(d) An inmate committed to the state prison who meets any of the following criteria is not eligible to participate in the alternative custody program:\n(1) The person has a current conviction for a violent felony as defined in Section 667.5.\n(2) The person has a current conviction for a serious felony as defined in Sections 1192.7 and 1192.8.\n(3) The person has a current or prior conviction for an offense that requires the person to register as a sex offender as provided in Chapter 5.5 (commencing with Section 290) of Title 9 of Part 1.\n(4) The person was screened by the department using a validated risk assessment tool and determined to pose a high risk to commit a violent offense.\n(5) The person has a history, within the last 10 years, of escape from a facility while under juvenile or adult custody, including, but not limited to, any detention facility, camp, jail, or state prison facility.\n(e) An alternative custody program shall include the use of electronic monitoring, global positioning system devices, or other supervising devices for the purpose of helping to verify a participant\u2019s compliance with the rules and regulations of the program. The devices shall not be used to eavesdrop or record any conversation, except a conversation between the participant and the person supervising the participant, in which case the recording of such a conversation is to be used solely for the purposes of voice identification.\n(f) (1) In order to implement alternative custody for the population specified in subdivision (c), the department shall create, and the participant shall agree to and fully participate in, an individualized treatment and rehabilitation plan. When available and appropriate for the individualized treatment and rehabilitation plan, the department shall prioritize the use of evidence-based programs and services that will aid in the successful reentry into society while she takes part in alternative custody. Case management services shall be provided to support rehabilitation and to track the progress and individualized treatment plan compliance of the inmate.\n(2) For purposes of this section, \u201cevidence-based practices\u201d means supervision policies, procedures, programs, and practices demonstrated by scientific research to reduce recidivism among individuals under probation, parole, or postrelease community supervision.\n(g) The secretary shall prescribe reasonable rules and regulations under which the alternative custody program shall operate. The department shall adopt regulations necessary to effectuate this section, including emergency regulations as provided under Section 5058.3 and adopted 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). The participant shall be informed in writing that she shall comply with the rules and regulations of the program, including, but not limited to, the following rules:\n(1) The participant shall remain within the interior premises of her residence during the hours designated by the secretary or his or her designee.\n(2) The participant shall be subject to search and seizure by a peace officer at any time of the day or night, with or without cause. In addition, the participant shall admit any peace officer designated by the secretary or his or her designee into the participant\u2019s residence at any time for purposes of verifying the participant\u2019s compliance with the conditions of her detention. Prior to participation in the alternative custody program, all participants shall agree in writing to these terms and conditions.\n(3) The secretary or his or her designee may immediately retake the participant into custody to serve the balance of her sentence if the electronic monitoring or supervising devices are unable for any reason to properly perform their function at the designated place of detention, if the participant fails to remain within the place of detention as stipulated in the agreement, or if the participant for any other reason no longer meets the established criteria under this section.\n(h) Whenever a peace officer supervising a participant has reasonable suspicion to believe that the participant is not complying with the rules or conditions of the program, or that the electronic monitoring devices are unable to function properly in the designated place of confinement, the peace officer may, under general or specific authorization of the secretary or his or her designee, and without a warrant of arrest, retake the participant into custody to complete the remainder of the original sentence.\n(i) This section does not require the secretary or his or her designee to allow an inmate to participate in this program if it appears from the record that the inmate has not satisfactorily complied with reasonable rules and regulations while in custody. An inmate is eligible for participation in an alternative custody program only if the secretary or his or her designee concludes that the inmate meets the criteria for program participation established under this section and that the inmate\u2019s participation is consistent with any reasonable rules and regulations prescribed by the secretary.\n(1) The rules and regulations and administrative policies of the program shall be written and shall be given or made available to the participant upon assignment to the alternative custody program.\n(2) The secretary or his or her designee shall have the sole discretion concerning whether to permit program participation as an alternative to custody in state prison. A risk and needs assessment shall be completed on each inmate to assist in the determination of eligibility for participation and the type of alternative custody.\n(3) An inmate\u2019s existing psychiatric or medical condition that requires ongoing care is not a basis for excluding the inmate from eligibility to participate in an alternative custody program authorized by this section.\n(j) The secretary or his or her designee shall establish a timeline for the application process. The secretary or his or her designee shall respond to an applicant within two weeks of her application to inform the inmate that the application was received, and to notify the inmate of the eligibility criteria of the program. The secretary or his or her designee shall provide a written notice to the inmate of her acceptance or denial into the program. The individualized treatment and rehabilitation plan described in subdivision (f) shall be developed, in consultation with the inmate, after the applicant has been found potentially eligible for participation in the program and no later than 30 calendar days after the potential eligibility determination. Except as necessary to comply with any release notification requirements, the inmate shall be released to the program no later than seven business days following notice of acceptance into the program, or if this is not possible in the case of an inmate to be placed in a residential drug or treatment program or in a transitional care facility, the first day a contracted bed becomes available at the requested location. If the inmate is denied participation in the program, the notice of denial shall specify the reason the inmate was denied. The secretary or his or her designee shall maintain a record of the application and notice of denials for participation. The inmate may appeal the decision through normal grievance procedures or reapply for participation in the program 30 days after the notice of the denial.\n(k) The secretary or his or her designee shall permit program participants to seek and retain employment in the community, attend psychological counseling sessions or educational or vocational training classes, participate in life skills or parenting training, utilize substance abuse treatment services, or seek medical and dental assistance based upon the participant\u2019s individualized treatment and release plan. Participation in other rehabilitative services and programs may be approved by the case manager if it is specified as a requirement of the inmate\u2019s individualized treatment and rehabilitative case plan. Willful failure of the program participant to return to the place of detention not later than the expiration of any period of time during which she is authorized to be away from the place of detention pursuant to this section, unauthorized departures from the place of detention, or tampering with or disabling, or attempting to tamper with or disable, an electronic monitoring device shall subject the participant to a return to custody pursuant to subdivisions (g) and (h). In addition, participants may be subject to forfeiture of credits pursuant to the provisions of Section 2932, or to discipline for violation of rules established by the secretary.\n(l) (1) Notwithstanding any other law, the secretary or his or her designee shall provide the information specified in paragraph (2) regarding participants in an alternative custody program to the law enforcement agencies of the jurisdiction in which persons participating in an alternative custody program reside.\n(2) The information required by paragraph (1) shall consist of the following:\n(A) The participant\u2019s name, address, and date of birth.\n(B) The offense committed by the participant.\n(C) The period of time the participant will be subject to an alternative custody program.\n(3) The information received by a law enforcement agency pursuant to this subdivision may be used for the purpose of monitoring the impact of an alternative custody program on the community.\n(m) It is the intent of the Legislature that the alternative custody program established under this section maintain the highest public confidence, credibility, and public safety. In the furtherance of these standards, the secretary may administer an alternative custody program pursuant to written contracts with appropriate public agencies or entities to provide specified program services. No public agency or entity entering into a contract may itself employ any person who is in an alternative custody program. The department shall determine the recidivism rate of each participant in an alternative custody program.\n(n) An inmate participating in this program shall voluntarily agree to all of the provisions of the program in writing, including that she may be returned to confinement at any time with or without cause, and shall not be charged fees or costs for the program.\n(o) (1) The secretary or his or her designee shall assist an individual participating in the alternative custody program in obtaining health care coverage, including, but not limited to, assistance with having suspended Medi-Cal benefits reinstated, applying for Medi-Cal benefits, or obtaining health care coverage under a private health plan or policy.\n(2) To the extent not covered by a participant\u2019s health care coverage, the state shall retain responsibility for the medical, dental, and mental health needs of individuals participating in the alternative custody program.\n(p) The secretary shall adopt emergency regulations specifically governing participants in this program.\n(q) If a phrase, clause, sentence, or provision of this section or application thereof to a person or circumstance is held invalid, that invalidity shall not affect any other phrase, clause, sentence, or provision or application of this section, which can be given effect without the invalid phrase, clause, sentence, or provision or application and to this end the provisions of this section are declared to be severable.","title":""}
{"_id":"c494","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nThis act shall be known, and may be cited, as the Priority Project Parity Act of 2015.\nSEC. 2.\nThe Legislature finds and declares all of the following:\n(a) The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), commonly known as CEQA, was enacted with a near unanimous bipartisan vote of the Legislature in 1970 and signed into law by Governor Reagan.\n(b) The purpose of CEQA is to enhance public disclosure of the environmental impacts of a project and to require feasible mitigation measures or alternative project configurations that reduce significant adverse impacts to the physical environment.\n(c) Feasible mitigation measures and alternatives are limited to those that allow the project to achieve its objectives, fall within the jurisdiction of the lead agency, and can be readily implemented from a legal, technical, and economic perspective.\n(d) If, notwithstanding the feasible mitigation measures or alternative configuration, a project would have a significant unavoidable adverse impact on the physical environment or substantially contribute to an unavoidable significant adverse cumulative impact on the physical environment, an agency may nevertheless approve the project by adopting a statement explaining the overriding employment, environmental, social, economic, or other benefits that have informed the agency\u2019s decision to approve the project.\n(e) In a notable contrast to the federal court interpretation of the federal National Environmental Policy Act of 1969 (42 U.S.C. Secs. 4321 et seq.), which served as a model for CEQA, California courts have decided that lawsuits challenging the adequacy of an agency\u2019s compliance with CEQA may be brought by any party for any reason, including, but not limited to, parties seeking competitive advantage, seeking wage or other employment terms and conditions, seeking to protect private property economic values, and seeking to preclude neighborhood-scale projects that are or may increase the quality of life for lower income and racially diverse population groups, by increasing youth utilization of urban parks or by developing transit systems in urbanized areas, without regard to the environmental or other merits of the project.\n(f) In advising the state, regional, and local agency on the compliance requirements of CEQA, the Governor\u2019s Office of Planning and Research has identified more than 100 potential environmental impact topics that must be evaluated for each project, has routinely adopted guidance that increases the cost and complexity of the analysis required, and continues to propose requirements that increase uncertainty and complexity, including, but not limited to, advocating for regulatory reversals of appellate court statutory interpretations, such as the \u201cbusiness as usual\u201d approach to evaluating the significance of greenhouse gas emissions and the judicial classification of parking as an environmental impact based on air quality and other factors. Collectively, such ambiguous and contradictory advice has continued to increase the cost and litigation uncertainty of compliance obligations under CEQA.\n(g) Three private sector law firms, each representing a diverse range of parties affected by CEQA including public agencies, project applicants, and other stakeholders, have completed studies on reported appellate court decisions interpreting CEQA and those studies demonstrate that the courts have determined that the lead agencies failed to comply with some aspect of CEQA in nearly half of all cases, and that even the most elaborate environmental studies, the environmental impact reports, that are entitled to the highest level of judicial deference, failed to pass judicial muster in nearly half of all reported appellate cases over a 15-year period. Projects approved under a less costly and less time-consuming negative declaration process fail to pass judicial muster in far more than half of the cases challenging those approvals.\n(h) The overwhelming majority of the adverse court decisions required that project approval be vacated pending completion of further environmental studies under CEQA.\n(i) Notwithstanding such conclusive evidence of widespread confusion regarding the compliance requirements of CEQA, along with litigation abuse to promote nonenvironmental interests and abusive litigation tactics, such as \u201cdocument dumping,\u201d to delay agency decisions for weeks and sometimes months after the close of the comment periods prescribed by CEQA, the Legislature has declined to enact any systematic reforms that address how this 1970-era law is to be interpreted in conjunction with the hundreds of environmental and planning mandates that have subsequently been enacted as coequal legal mandates in California\u2019s stringent and complex suite of statutes designed to protect and enhance environmental quality, including, but not limited to, statutes requiring integration of environmental protection standards in land use plans and policies.\n(j) The existence of an outstanding lawsuit challenging compliance with CEQA, in tandem with the high level of adverse judicial outcomes, creates significant unresolved project contingencies that generally preclude timely receipt of federal and state grant funding as well as other forms of public and private sector financing.\n(k) Legislative leadership has routinely sponsored last minute legislation for politically favored projects, including, but not limited to, major league sports facilities and prisons, to either exempt them from CEQA or limit the judicial remedies that are available when an adverse judicial determination has been made. These favored leadership projects have achieved this sheltered status without regard to whether the projects are consistent with an adopted sustainable communities strategy required pursuant to Section 65080 of the Government Code. This highly politicized leadership exemption process has been referred to as the \u201ctransactional\u201d model for implementing CEQA.\n(l) This transactional model for implementing CEQA is an effective method of avoiding delays in financing and implementation of priority projects. There is an ample body of otherwise applicable California environmental protection and land use law in place to avoid and minimize potentially significant adverse environmental impacts to the physical environment without regard to the applicability of CEQA. No existing law creates a presumed different suite of legal compliance obligations reserved to legislative leaders and the legislative districts they represent. Legislative leadership positions do not confer upon individuals serving in those positions a monopoly on the use of the transactional model for implementing CEQA. The transactional model of legislative exemptions has a history of extending nearly to the 1970 enactment date of CEQA.\n(m) It is now appropriate to enact a new compliance pathway for a project identified as a priority by each Member of the Senate and Assembly.\nSEC. 3.\nSection 21168.10 is added to the Public Resources Code, to read:\n21168.10.\n(a) (1) On or before November 15 of each year, each Member of the Legislature may annually nominate one project within his or her respective district as a priority project.\n(2) A member of the Legislature who chooses to nominate a project shall submit to the Governor the name of the project and sufficient information to demonstrate that the project will meet the requirements specified in paragraph (3).\n(3) The Governor shall designate a project as a priority project if the project meets all of the following:\n(A) The project will result in at least 100 new or retained full time jobs.\n(B) The project is consistent with the adopted sustainable communities strategy for the region in which the project is located.\n(C) The project applicant certifies its intent to remain in the location of the project for a minimum of five years.\n(b) Subject to subdivision (a), a project may be designated as a priority project pursuant to subdivision (a) at any time following the submittal of the project proposal or application to the lead agency for the commencement of environmental review pursuant to this division but not later than 30 days following the approval of the project by the lead agency.\n(c) Withing 10 days after the designation of a project pursuant to paragraph (3) of subdivision (a), the Governor shall provide a notice of designation to the lead agency for the designated project and to the Office of Planning and Research. The lead agency shall inform members of the public and other interested stakeholders that a project has been designated as a priority project pursuant to paragraph (3) of subdivision (a) in the lead agency\u2019s next otherwise applicable and required public document or notice regarding the project and in all subsequent otherwise applicable and required public documents or notices regarding the project, up to and including applicable and required notice and documentation for project approval. If there is no applicable and required public document or notice, the lead agency shall provide a notice of designation to the public and interested stakeholders.\n(d) (1) The lead agency for a priority project shall complete all notices required by this division and, except as provided in paragraph (3), an environmental impact report shall be completed for each priority project.\n(2) The environmental impact report for a priority project may tier from an earlier environmental impact report completed for the existing or earlier version of the project and the tiered environmental impact report shall be limited to the consideration of significant adverse impacts resulting from the project that were not previously identified in the earlier environmental impact report, or, if the adverse impacts had been identified in the earlier environmental impact report, the impacts are more severe than previously identified.\n(3) A new environmental impact report is not required for a priority project that has been already included in an environmental impact report prepared and certified under this division but the lead agency shall prepare an addendum to the prior environmental impact report to explain to the public and other interested stakeholders the manner in which the project had been addressed in the prior environmental impact report.\n(e) (1) In granting relief in an action or proceeding brought pursuant to this division, the court shall not stay or enjoin a priority project designated pursuant to subdivision (a) unless the court finds either of the following:\n(A) The continued implementation of the priority project presents an imminent threat to the public health and safety.\n(B) The priority project site contains unforeseen important Native American artifacts or unforeseen important historical, archaeological, or ecological values that would be materially, permanently, and adversely affected by the continued implementation of the priority project.\n(2) If the court finds that subparagraph (A) or (B) is satisfied, the court shall only enjoin those specific activities associated with the priority project that present an imminent threat to public health and safety or that materially, permanently, and adversely affect unforeseen important Native American artifacts or unforeseen important historical, archaeological, or ecological values.\nSEC. 4.\nNo reimbursement is required by this act pursuant to Section 6 of Article XIII\u2009B 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\u2009B of the California Constitution.","title":""}
{"_id":"c159","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 149.11 is added to the Streets and Highways Code, to read:\n149.11.\n(a) (1) Notwithstanding Sections 149 and 30800 of this code, and Section 21655.5 of the Vehicle Code, the San Bernardino County Transportation Commission, created pursuant to Section 130054 of the Public Utilities Code, may conduct, administer, and operate a value-pricing program in the Interstate 10 and Interstate 15 corridors in the County of San Bernardino. The value-pricing program may include high-occupancy toll lanes or other toll facilities. The San Bernardino County Transportation Commission may also extend the program to include the approaching and departing connectors on Interstate 10 extending into the County of Los Angeles, as designated by an agreement with the Los Angeles County Metropolitan Transportation Authority, and the connection to the Interstate 15 express lanes project in the County of Riverside, as designated by an agreement with the Riverside County Transportation Commission. The San Bernardino County Transportation Commission may exercise its existing powers of eminent domain pursuant to Section 130220.5 of the Public Utilities Code to acquire property necessary to carry out the purposes of the value-pricing program.\n(2) The value-pricing program authorized pursuant to paragraph (1) may only be implemented upon a determination that the program and the resulting facilities will improve the performance of the affected corridors. Improved performance may be demonstrated by factors that include, but are not limited to, increased passenger throughput or improved travel times. The San Bernardino County Transportation Commission shall make the determination required by this paragraph in a public meeting prior to operation of the value-pricing program.\n(3) The San Bernardino County Transportation Commission shall have the authority to set, levy, and collect tolls, user fees, or other similar charges payable for the use of the toll facilities in the County of San Bernardino, and any other incidental or related fees or charges, and to collect those revenues, in a manner determined by the San Bernardino County Transportation Commission, in amounts as required for the following expenditures relative to the program and for the purposes of paragraph (4):\n(A) Development, including the costs of design, construction, right-of-way acquisition, and utilities adjustment.\n(B) Operations and maintenance, including, but not limited to, insurance, collection, and enforcement of tolls, fees, and charges.\n(C) Repair, rehabilitation, and reconstruction.\n(D) Indebtedness incurred and internal loans and advances, including related financial costs.\n(E) Administration, which shall not exceed 3 percent of the revenues of toll facilities and associated transportation facilities.\n(F) Reserves for the purposes described in subparagraphs (A) to (E), inclusive.\n(4) All revenue generated pursuant to paragraph (3) in excess of the expenditure needs of that paragraph shall be used exclusively for the benefit of the transportation corridors included in the value-pricing program created pursuant to this section. These excess revenue expenditures shall be described in an excess revenue expenditure plan developed in consultation with the department and adopted and periodically updated by the board of directors of the San Bernardino County Transportation Commission and may include, but need not be limited to, the following eligible expenditures:\n(A) Expenditures to enhance transit service designed to reduce traffic congestion within the transportation corridors included in the value-pricing program created pursuant to this section. Eligible expenditures include, but are not limited to, transit operating assistance, the acquisition of transit vehicles, and transit capital improvements otherwise eligible to be funded under the state transportation improvement program pursuant to Section 164.\n(B) Expenditures to make operational or capacity improvements designed to reduce traffic congestion or improve the flow of traffic in the transportation corridors included in the value-pricing program created pursuant to this section. Eligible expenditures include, but are not limited to, any phase of project delivery to make capital improvements to on ramps, off ramps, connector roads, roadways, bridges, or other structures that are necessary for or related to the tolled or nontolled transportation facilities in the transportation corridors included in the value-pricing program created pursuant to this section.\n(5) To the extent the San Bernardino County Transportation Commission plans to extend the value-pricing program into the Counties of Los Angeles or Riverside, it shall enter into an agreement with the Los Angeles County Metropolitan Transportation Authority or the Riverside County Transportation Commission, as applicable, subject to approval of the board of directors of the San Bernardino County Transportation Commission and the board of directors of the affected entity. If the value-pricing program developed and operated by the San Bernardino County Transportation Commission connects to, or is near, similar toll facilities constructed and operated by the Los Angeles County Metropolitan Transportation Authority or the Riverside County Transportation Commission, the respective entities shall enter into an agreement providing for the coordination of the toll facilities operated by each entity.\n(b) (1) The San Bernardino County Transportation Commission shall carry out the program in cooperation with the Department of the California Highway Patrol pursuant to an agreement that addresses all matters related to enforcement on state highway system facilities in connection with the value-pricing program, and with the department pursuant to an agreement that addresses all matters related to the design, construction, maintenance, and operation of state highway system facilities in connection with the value-pricing program, including, but not limited to, financing, repair, rehabilitation, and reconstruction.\n(2) The San Bernardino County Transportation Commission shall be responsible for reimbursing the department and the Department of the California Highway Patrol for costs related to the toll facility pursuant to an agreement between the San Bernardino County Transportation Commission and the department and between the San Bernardino County Transportation Commission and the Department of the California Highway Patrol.\n(c) Single-occupant vehicles that are certified or authorized by the San Bernardino County Transportation Commission for entry into, and use of, the high-occupancy toll lanes implemented pursuant to this section are exempt from Section 21655.5 of the Vehicle Code, and the driver shall not be in violation of the Vehicle Code because of that entry and use.\n(d) (1) The San Bernardino County Transportation Commission may issue bonds at any time to finance any costs necessary to implement the program established pursuant to this section and any expenditures provided for in paragraphs (3) and (4) of subdivision (a), payable from the revenues generated from the program and any other sources of revenues available to the San Bernardino County Transportation Commission that may be used for these purposes, including, but not limited to, sales tax revenue, development impact fees, or state and federal grants.\n(2) The maximum bonded indebtedness that may be outstanding at any one time shall not exceed an amount that may be serviced from the projected revenues available as described in paragraph (1).\n(3) The bonds shall bear interest at a rate or rates not exceeding the maximum allowable by law, payable at intervals determined by the San Bernardino County Transportation Commission.\n(4) Any bond issued pursuant to this subdivision shall contain on its face a statement to the following effect:\n\u201cNeither the full faith and credit nor the taxing power of the State of California is pledged to the payment of principal of, or interest on, this bond.\u201d\n(5) Bonds shall be issued pursuant to a resolution of the governing board of the San Bernardino County Transportation Commission adopted by a majority vote of its governing board. The resolution or bond authorizing instrument shall state all of the following:\n(A) The purposes for which the proposed debt is to be incurred.\n(B) The estimated cost of accomplishing those purposes.\n(C) The amount of the principal of the indebtedness.\n(D) The maximum term of the bonds and the maximum interest rate.\n(E) The denomination or denominations of the bonds, which shall not be less than five thousand dollars ($5,000).\n(F) The form of the bonds.\n(e) Not later than three years after the San Bernardino County Transportation Commission first collects revenues from the program authorized by this section, the San Bernardino County Transportation Commission shall submit a report to the Legislative Analyst on its findings, conclusions, and recommendations concerning the program. The report shall include an analysis of the effect of the transportation facilities on the adjacent mixed-flow lanes and any comments submitted by the department and the Department of the California Highway Patrol regarding operation of the transportation facilities.\n(f) This section shall not prevent the department or any local agency from constructing improvements in the transportation corridors that compete with the program, and the San Bernardino County Transportation Commission shall not be entitled to compensation for the adverse effects on toll revenue due to those competing improvements.\n(g) If any provision of this section or the application thereof is held invalid, that invalidity shall not affect other provisions or applications of this section that can be given effect without the invalid provision or application, and to this extent the provisions are severable.\n(h) Nothing in this section shall authorize the conversion of any existing nontoll or nonuser-fee lanes into tolled or user-fee lanes, except that a high-occupancy vehicle lane may be converted into a high-occupancy toll lane.\nSEC. 2.\nThis act shall become operative only if Assembly Bill 194 of the 2015\u201316 Regular Session is also enacted and becomes operative on or before January 1, 2016.","title":""}
{"_id":"c257","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 27375 of the Vehicle Code is amended to read:\n27375.\n(a) Any person who operates a modified limousine shall ensure that the vehicle has at least two rear side doors, as specified in paragraph (2), and one or two rear windows, as specified in paragraph (1), that the rear seat passengers or all passengers of the vehicle may open from the inside of the vehicle in case of any fire or other emergency that may require the immediate exit of the passengers of the vehicle. A limousine subject to this subdivision shall be equipped with both of the following:\n(1) (A) Except as provided in subparagraph (B), at least two rear push-out windows that are accessible to all passengers. At least one push-out window shall be located on each side of the vehicle, unless the design of the limousine precludes the installation of a push-out window on one side of the vehicle, in which case the second push-out window shall instead be located in the roof of the vehicle.\n(B) If the design of the limousine precludes the installation of even one push-out window on a side of the vehicle, one push-out window shall instead be located in the roof of the vehicle.\n(C) The Department of the California Highway Patrol shall establish, by regulation, standards to ensure that window exits are operable and sufficient in emergency situations for limousine passengers. The department shall ensure that these regulations comply with any applicable federal motor vehicle safety standards.\n(D) For modified limousines modified prior to July 1, 2015, the requirements of this paragraph shall apply on and after January 1, 2018.\n(2) (A) At least two rear side doors that are accessible to all passengers and that may be opened manually by any passenger. At least one rear side door shall be located on each side of the vehicle.\n(B) For modified limousines modified on or after July 1, 2015, at least one of these side doors shall be located near the driver\u2019s compartment and another near the back of the vehicle.\n(C) The rear side doors shall comply with any applicable federal motor vehicle safety standards as deemed necessary by the Department of the California Highway Patrol.\n(b) In the case of a fire or other emergency that requires the immediate exit of the passengers from the limousine, the driver of the limousine shall unlock the doors so that the rear side doors can be opened by the passengers from the inside of the vehicle.\n(c) An owner or operator of a limousine shall do all of the following:\n(1) Instruct all passengers on the safety features of the vehicle prior to the beginning of any trip, including, but not limited to, instructions for lowering the partition between the driver and passenger compartments and for communicating with the driver by the use of an intercom or other onboard or wireless device.\n(2) Disclose to the contracting party and the passengers whether the limousine meets the safety requirements described in this section.\n(3) If paragraph (1) of subdivision (d) applies, the owner or operator of a limousine shall further disclose to the contracting party and the passengers that the limousine does not meet the safety requirements required in subdivision (a) regarding vehicle escape options because of its exempt status, and therefore may pose a greater risk to passengers should emergency escape be necessary.\n(d) (1) Except as provided in paragraph (2), subdivision (a) shall not apply to any limousine manufactured before 1970 that has an active transportation charter-party carrier (TCP) number that was issued by the commission as of August 15, 2013.\n(2) Subdivision (a) shall apply to any limousine manufactured before 1970 if it was modified after August 15, 2013.\nSEC. 2.\nSection 34501 of the Vehicle Code is amended to read:\n34501.\n(a) (1) The department shall adopt reasonable rules and regulations that, in the judgment of the department, are designed to promote the safe operation of vehicles described in Section 34500, regarding, but not limited to, controlled substances and alcohol testing of drivers by motor carriers, hours of service of drivers, equipment, fuel containers, fueling operations, inspection, maintenance, recordkeeping, accident reports, and drawbridges. The rules and regulations shall not, however, be applicable to schoolbuses, which shall be subject to rules and regulations adopted pursuant to Section 34501.5.\nThe rules and regulations shall exempt local law enforcement agencies, within a single county, engaged in the transportation of inmates or prisoners when those agencies maintain other motor vehicle operations records which furnish hours of service information on drivers which are in substantial compliance with the rules and regulations. This exemption does not apply to any local law enforcement agency engaged in the transportation of inmates or prisoners outside the county in which the agency is located, if that agency would otherwise be required, by existing law, to maintain driving logs.\n(2) The department may adopt rules and regulations relating to commercial vehicle safety inspection and out-of-service criteria. In adopting the rules and regulations, the commissioner may consider the commercial vehicle safety inspection and out-of-service criteria adopted by organizations such as the Commercial Vehicle Safety Alliance, other intergovernmental safety group, or the United States Department of Transportation. The commissioner may provide departmental representatives to that alliance or other organization for the purpose of promoting the continued improvement and refinement of compatible nationwide commercial vehicle safety inspection and out-of-service criteria.\n(3) The commissioner shall appoint a committee of 15 members, consisting of representatives of industry subject to the regulations to be adopted pursuant to this section, to act in an advisory capacity to the department, and the department shall cooperate and confer with the advisory committee so appointed. The commissioner shall appoint a separate committee to advise the department on rules and regulations concerning wheelchair lifts for installation and use on buses, consisting of persons who use the wheelchair lifts, representatives of transit districts, representatives of designers or manufacturers of wheelchairs and wheelchair lifts, and representatives of the Department of Transportation.\n(4) The department may inspect any vehicles in maintenance facilities or terminals, as well as any records relating to the dispatch of vehicles or drivers, and the pay of drivers, to ensure compliance with this code and regulations adopted pursuant to this section.\n(b) The department, using the definitions adopted pursuant to Section 2402.7, shall adopt regulations for the transportation of hazardous materials in this state, except the transportation of materials which are subject to other provisions of this code, that the department determines are reasonably necessary to ensure the safety of persons and property using the highways. The regulations may include provisions governing the filling, marking, packing, labeling, and assembly of, and containers that may be used for, hazardous materials shipments, and the manner by which the shipper attests that the shipments are correctly identified and in proper condition for transport.\n(c) (1) At least once every 13 months, the department shall inspect every maintenance facility or terminal of any person who at any time operates any bus. If the bus operation includes more than 100 buses, the inspection shall be without prior notice.\n(2) This subdivision does not preclude the department from conducting inspections of tour bus operations with fewer than 100 buses without prior notice. To the extent possible, the department shall conduct inspections without prior notice of any tour bus operation, including tour bus operations that have a history of noncompliance with safety laws or regulations, that have received unsatisfactory ratings, or that have had buses ordered out of service for safety violations.\n(3) If a tour bus operator receives an unsatisfactory rating, the department shall conduct a followup inspection between 30 and 90 days after the initial inspection during which the unsatisfactory rating was received.\n(d) The commissioner shall adopt and enforce regulations which will make the public or private users of any bus aware of the operator\u2019s last safety rating.\n(e) It is unlawful and constitutes a misdemeanor for any person to operate any bus without the inspections specified in subdivision (c) having been conducted.\n(f) The department may adopt regulations restricting or prohibiting the movement of any vehicle from a maintenance facility or terminal if the vehicle is found in violation of this code or regulations adopted pursuant to this section.\nSEC. 3.\nSection 34505.1 of the Vehicle Code is amended to read:\n34505.1.\n(a) Upon determining that a tour bus carrier or modified limousine carrier has either (1) failed to maintain any vehicle used in transportation for compensation in a safe operating condition or to comply with the Vehicle Code or with regulations contained in Title 13 of the California Code of Regulations relative to motor carrier safety, and, in the department\u2019s opinion, that failure presents an imminent danger to public safety or constitutes such a consistent failure as to justify a recommendation to the Public Utilities Commission or the United States Department of Transportation or (2) failed to enroll all drivers in the pull notice system as required by Section 1808.1, the department shall recommend to the Public Utilities Commission that the carrier\u2019s operating authority be suspended, denied, or revoked, or to the United States Department of Transportation that appropriate administrative action be taken against the carrier\u2019s interstate operating authority, whichever is appropriate. For purposes of this subdivision, two consecutive unsatisfactory compliance ratings for an inspected terminal assigned because the tour bus carrier or modified limousine carrier failed to comply with the periodic report requirements of Section 1808.1 or the cancellation of the carrier\u2019s enrollment by the Department of Motor Vehicles for nonpayment of required fees may be determined by the department to be a consistent failure. However, when recommending denial of an application for new or renewal authority, the department need not conclude that the carrier\u2019s failure presents an imminent danger to public safety or that it constitutes a consistent failure. The department need only conclude that the carrier\u2019s compliance with the safety-related matters described in paragraph (1) of subdivision (a) is sufficiently unsatisfactory to justify a recommendation for denial. The department shall retain a record, by carrier, of every recommendation made pursuant to this section.\n(b) Before transmitting a recommendation pursuant to subdivision (a), the department shall notify the carrier in writing of all of the following:\n(1) That the department has determined that the carrier\u2019s safety record is unsatisfactory, furnishing a copy of any documentation or summary of any other evidence supporting the determination.\n(2) That the determination may result in a suspension, revocation, or denial of the carrier\u2019s operating authority by the Public Utilities Commission or the United States Department of Transportation, as appropriate.\n(3) That the carrier may request a review of the determination by the department within five days of its receipt of the notice required under this subdivision. If a review is requested by the carrier, the department shall conduct and evaluate that review prior to transmitting any notification pursuant to subdivision (a).\n(c) Notwithstanding subdivision (a) or (b), upon determining during a terminal inspection or at any other time that the condition of a tour bus is such that it has multiple safety violations of a nature that operation of the tour bus could constitute an imminent danger to public safety, the department shall immediately order the tour bus out of service. The tour bus shall not be subsequently operated with passengers until all of the safety violations have been corrected and the department has verified the correction of the safety violations upon a subsequent inspection by the department of the tour bus, which shall occur within five business days of the submission of a reinspection request from the tour bus carrier to the department.\nSEC. 4.\nNo reimbursement is required by this act pursuant to Section 6 of Article XIII\u2009B 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\u2009B of the California Constitution.","title":""}
{"_id":"c104","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 1185 of the Civil Code is amended to read:\n1185.\n(a) The acknowledgment of an instrument shall not be taken unless the officer taking it has satisfactory evidence that the person making the acknowledgment is the individual who is described in and who executed the instrument.\n(b) For purposes of this section, \u201csatisfactory evidence\u201d means the absence of information, evidence, or other circumstances that would lead a reasonable person to believe that the person making the acknowledgment is not the individual he or she claims to be and any one of the following:\n(1) (A) The oath or affirmation of a credible witness personally known to the officer, whose identity is proven to the officer upon presentation of a document satisfying the requirements of paragraph (3) or (4), that the person making the acknowledgment is personally known to the witness and that each of the following are true:\n(i) The person making the acknowledgment is the person named in the document.\n(ii) The person making the acknowledgment is personally known to the witness.\n(iii) That it is the reasonable belief of the witness that the circumstances of the person making the acknowledgment are such that it would be very difficult or impossible for that person to obtain another form of identification.\n(iv) The person making the acknowledgment does not possess any of the identification documents named in paragraphs (3) and (4).\n(v) The witness does not have a financial interest in the document being acknowledged and is not named in the document.\n(B) A notary public who violates this section by failing to obtain the satisfactory evidence required by subparagraph (A) shall be subject to a civil penalty not exceeding ten thousand dollars ($10,000). An action to impose this civil penalty may be brought by the Secretary of State in an administrative proceeding or a public prosecutor in superior court, and shall be enforced as a civil judgment. A public prosecutor shall inform the secretary of any civil penalty imposed under this subparagraph.\n(2) The oath or affirmation under penalty of perjury of two credible witnesses, whose identities are proven to the officer upon the presentation of a document satisfying the requirements of paragraph (3) or (4), that each statement in paragraph (1) is true.\n(3) Reasonable reliance on the presentation to the officer of any one of the following, if the document or other form of identification is current or has been issued within five years:\n(A) An identification card or driver\u2019s license issued by the Department of Motor Vehicles.\n(B) A passport issued by the Department of State of the United States.\n(C) An inmate identification card issued by the Department of Corrections and Rehabilitation, if the inmate is in custody in prison.\n(D) Any form of inmate identification issued by a sheriff\u2019s department, if the inmate is in custody in a local detention facility.\n(4) Reasonable reliance on the presentation of any one of the following, provided that a document specified in subparagraphs (A) to (E), inclusive, shall either be current or have been issued within five years and shall contain a photograph and description of the person named on it, shall be signed by the person, and shall bear a serial or other identifying number:\n(A) A valid consular identification document issued by a consulate from the applicant\u2019s country of citizenship, or a valid passport from the applicant\u2019s country of citizenship.\n(B) A driver\u2019s license issued by a state other than California or by a Canadian or Mexican public agency authorized to issue driver\u2019s licenses.\n(C) An identification card issued by a state other than California.\n(D) An identification card issued by any branch of the Armed Forces of the United States.\n(E) An employee identification card issued by an agency or office of the State of California, or by an agency or office of a city, county, or city and county in this state.\n(c) An officer who has taken an acknowledgment pursuant to this section shall be presumed to have operated in accordance with the provisions of law.\n(d) A party who files an action for damages based on the failure of the officer to establish the proper identity of the person making the acknowledgment shall have the burden of proof in establishing the negligence or misconduct of the officer.\n(e) A person convicted of perjury under this section shall forfeit any financial interest in the document.\nSEC. 1.5.\nSection 1185 of the Civil Code is amended to read:\n1185.\n(a) The acknowledgment of an instrument shall not be taken unless the officer taking it has satisfactory evidence that the person making the acknowledgment is the individual who is described in and who executed the instrument.\n(b) For purposes of this section, \u201csatisfactory evidence\u201d means the absence of information, evidence, or other circumstances that would lead a reasonable person to believe that the person making the acknowledgment is not the individual he or she claims to be and any one of the following:\n(1) (A) The oath or affirmation of a credible witness personally known to the officer, whose identity is proven to the officer upon presentation of a document satisfying the requirements of paragraph (3) or (4), that the person making the acknowledgment is personally known to the witness and that each of the following are true:\n(i) The person making the acknowledgment is the person named in the document.\n(ii) The person making the acknowledgment is personally known to the witness.\n(iii) That it is the reasonable belief of the witness that the circumstances of the person making the acknowledgment are such that it would be very difficult or impossible for that person to obtain another form of identification.\n(iv) The person making the acknowledgment does not possess any of the identification documents named in paragraphs (3) and (4).\n(v) The witness does not have a financial interest in the document being acknowledged and is not named in the document.\n(B) A notary public who violates this section by failing to obtain the satisfactory evidence required by subparagraph (A) shall be subject to a civil penalty not exceeding ten thousand dollars ($10,000). An action to impose this civil penalty may be brought by the Secretary of State in an administrative proceeding or a public prosecutor in superior court, and shall be enforced as a civil judgment. A public prosecutor shall inform the secretary of any civil penalty imposed under this subparagraph.\n(2) The oath or affirmation under penalty of perjury of two credible witnesses, whose identities are proven to the officer upon the presentation of a document satisfying the requirements of paragraph (3) or (4), that each statement in paragraph (1) is true.\n(3) Reasonable reliance on the presentation to the officer of any one of the following, if the document or other form of identification is current or has been issued within five years:\n(A) An identification card or driver\u2019s license issued by the Department of Motor Vehicles.\n(B) A passport issued by the Department of State of the United States.\n(C) An inmate identification card issued by the Department of Corrections and Rehabilitation, if the inmate is in custody in prison.\n(D) Any form of inmate identification issued by a sheriff\u2019s department, if the inmate is in custody in a local detention facility.\n(4) Reasonable reliance on the presentation of any one of the following, provided that a document specified in subparagraphs (A) to (F), inclusive, shall either be current or have been issued within five years and shall contain a photograph and description of the person named on it, shall be signed by the person, and shall bear a serial or other identifying number:\n(A) A valid consular identification document issued by a consulate from the applicant\u2019s country of citizenship, or a valid passport from the applicant\u2019s country of citizenship.\n(B) A driver\u2019s license issued by a state other than California or by a Canadian or Mexican public agency authorized to issue driver\u2019s licenses.\n(C) An identification card issued by a state other than California.\n(D) An identification card issued by any branch of the Armed Forces of the United States.\n(E) An employee identification card issued by an agency or office of the State of California, or by an agency or office of a city, county, or city and county in this state.\n(F) An identification card issued by a federally recognized tribal government.\n(c) An officer who has taken an acknowledgment pursuant to this section shall be presumed to have operated in accordance with the provisions of law.\n(d) A party who files an action for damages based on the failure of the officer to establish the proper identity of the person making the acknowledgment shall have the burden of proof in establishing the negligence or misconduct of the officer.\n(e) A person convicted of perjury under this section shall forfeit any financial interest in the document.\nSEC. 2.\nSection 1.5 of this bill incorporates amendments to Section 1185 of the Civil Code proposed by both this bill and Senate Bill 997. 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 1185 of the Civil Code, and (3) this bill is enacted after Senate Bill 997, in which case Section 1 of this bill shall not become operative.","title":""}
{"_id":"c19","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nArticle 1 (commencing with Section 18701) is added to Chapter 3 of Part 10.2 of Division 2 of the Revenue and Taxation Code, to read:\nArticle  1. State Children\u2019s Trust Fund\n18701.\n(a) An individual may designate on the tax return that a contribution in excess of the tax liability, if any, be made to the State Children\u2019s Trust Fund established by Section 18969 of the Welfare and Institutions Code.\n(b) The contributions shall be in full dollar amounts and may be made individually by each signatory on a joint return.\n(c) A designation under subdivision (a) shall be made for a 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\u2019s account, do not exceed the individual\u2019s tax liability, the return shall be treated as though no designation has been made.\n(d) If an individual designates a contribution to more than one account or fund listed on the tax return, and the amount available is insufficient to satisfy the total amount designated, the contribution shall be allocated among the designees on a pro rata basis.\n(e) The Franchise Tax Board shall revise the form of the return to include a space labeled \u201cState Children\u2019s Trust Fund for the Prevention of Child Abuse\u201d 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 support child abuse prevention programs with demonstrated success, public education efforts to change adult behaviors and educate parents, innovative research to identify best practices, and the replication of those practices to prevent child abuse and neglect.\n(f) Notwithstanding any other law, a voluntary contribution designation for the State Children\u2019s Trust Fund shall not be added on the tax return until another voluntary contribution designation is removed or space is available, whichever occurs first.\n(g) A deduction shall be allowed under Article 6 (commencing with Section 17201) of Chapter 3 of Part 10 for a contribution made pursuant to subdivision (a).\n18702.\nThe 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 18701 to be transferred to the State Children\u2019s Trust Fund, as established by Section 18969 of the Welfare and Institutions Code. The Controller shall transfer from the Personal Income Tax Fund to the State Children\u2019s Trust Fund an amount not in excess of the sum of the amounts designated by individuals pursuant to Section 18701 for payment into that fund.\n18703.\nAll money transferred to the State Children\u2019s Trust Fund pursuant to this article, upon appropriation by the Legislature, shall be allocated as follows:\n(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.\n(b) Up to 10 percent of all moneys appropriated pursuant to this article, to the State Department of Social Services to pursue public education about child abuse and neglect prevention and early intervention in order to encourage voluntary contributions to the State Children\u2019s Trust Fund. The State Department of Social Services may delegate these duties by entering into a contract with a designated private entity that has demonstrated experience in education and promotion.\n(c) The remainder to the State Department of Social Services for innovative child abuse and neglect prevention and intervention programs operated by private nonprofit organizations or public institutions of higher education with recognized expertise in fields related to child welfare and for evaluation, research, or dissemination of information concerning existing program models for the purpose of replication of successful models as specified in Article 5 (commencing with Section 18965) of Chapter 11 of Part 6 of Division 9 of the Welfare and Institutions Code.\n18704.\nIt is the intent of the Legislature that this article creates an additional source of funding for a specified purpose. The funds generated by this article shall not be used in place of funds from other sources that are available to the State Children\u2019s Trust Fund.\n18705.\n(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 State Children\u2019s Trust Fund on the personal income tax return, and is repealed as of December 1 of that year.\n(b) (1) By September 1 of the second calendar year and each subsequent calendar year that the State Children\u2019s Trust Fund appears on the tax return, the Franchise Tax Board shall do all of the following:\n(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.\n(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.\n(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 is 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 calendar year.\n(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 State Children\u2019s Trust Fund on the personal income tax return or the minimum contribution amount as adjusted pursuant to subdivision (c).\n(c) For each calendar year, beginning with the third calendar year after the first appearance of the State Children\u2019s Trust 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:\n(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.\n(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.\n(d) Notwithstanding the repeal of this article, any contribution amounts designated pursuant to this article prior to its repeal shall continue to be transferred and disbursed in accordance with this article as in effect immediately prior to that repeal.\nSEC. 2.\nSection 18969 of the Welfare and Institutions Code is amended to read:\n18969.\n(a) There is hereby created in the State Treasury a fund which shall be known as the State Children\u2019s Trust Fund. The fund shall consist of funds received from a county pursuant to Section 18968, funds collected by the state and transferred to the fund pursuant to subdivision (b) of Section 103625 of the Health and Safety Code and Article 1 (commencing with Section 18701) of Chapter 3 of Part 10.2 of Division 2 of the Revenue and Taxation Code, grants, gifts, or bequests made to the state from private sources to be used for innovative and distinctive child abuse and neglect prevention and intervention projects, and money appropriated to the fund for this purpose by the Legislature. The State Registrar may retain a percentage of the fees collected pursuant to Section 103625 of the Health and Safety Code, not to exceed 10 percent, in order to defray the costs of collection.\n(b) Money in the State Children\u2019s Trust Fund, upon appropriation by the Legislature, shall be allocated to the State Department of Social Services for the purpose of funding child abuse and neglect prevention and intervention programs. The department may not supplant any federal, state, or county funds with any funds made available through the State Children\u2019s Trust Fund.\n(c) The department may establish positions as needed for the purpose of implementing and administering child abuse and neglect prevention and intervention programs that are funded by the State Children\u2019s Trust Fund. However, the department shall use no more than 5 percent of the funds appropriated pursuant to this section, exclusive of the funds transferred to the State Children\u2019s Trust Fund pursuant to Article 1 (commencing with Section 18701) of Chapter 3 of Part 10.2 of Division 2 of the Revenue and Taxation Code, for administrative costs. Administrative costs do not include the moneys allocated to the department to pursue public education about child abuse and neglect prevention and early intervention as described in subdivision (b) of Section 18703 of the Revenue and Taxation Code.\n(d) No State Children\u2019s Trust Fund money shall be used to supplant state General Fund money for any purpose.\n(e) It is the intent of the Legislature that the State Children\u2019s Trust Fund provide for all of the following:\n(1) The development of a public-private partnership by encouraging consistent outreach to the private foundation and corporate community.\n(2) Funds for large-scale dissemination of information that will promote public awareness regarding the nature and incidence of child abuse and the availability of services for intervention. These public awareness activities shall include, but not be limited to, the production of public service announcements, well-designed posters, pamphlets, booklets, videos, and other media tools.\n(3) Research and demonstration projects that explore the nature and incidence and the development of long-term solutions to the problem of child abuse.\n(4) The development of a mechanism to provide ongoing public awareness through activities that will promote the charitable tax deduction for the trust fund and seek continued contributions. These activities may include convening a philanthropic roundtable, developing literature for use by the State Bar of California for dissemination, and whatever other activities are deemed necessary and appropriate to promote the trust fund.","title":""}
{"_id":"c436","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nThe Legislature finds and declares all of the following:\n(a) Commute patterns throughout northern California, and in particular through the Altamont Pass corridor, traverse the boundaries of traditional metropolitan planning agencies. The Altamont Pass corridor, located in the center of northern California\u2019s megaregion, is the gateway to the Tri\u2014Valley\u2014a vital node in the bay area\u2019s economic ecosystem and a key bay area transportation route. Strategic and planned interregional mobility is essential to sustained economic vitality.\n(b) Connecting the Bay Area Rapid Transit District\u2019s rapid transit system and the Altamont Corridor Express in Livermore, as recommended by the Metropolitan Transportation Commission\u2019s regional rail plan, would increase interregional mobility, providing much-needed highway capacity for expanded goods movement to the bay area\u2019s five seaports. It would also relieve pressure on Interstate 580 and other transportation systems, given the exponential population growth in the central valley.\n(c) The Bay Area Rapid Transit District has stated its priority is to operate and maintain its existing core commuter rail system; expansion is not a priority for the Bay Area Rapid Transit District. Recent rail expansions in other parts of the state have been successfully implemented by single purpose agencies such as the Metro Gold Line Foothill Extension Construction Authority and the Santa Clara Valley Transportation Authority.\n(d) The Altamont Pass Regional Rail Authority is needed to connect the Bay Area Rapid Transit District\u2019s rapid transit system and the Altamont Corridor Express in Tri-Valley and would be responsive to local needs and issues by including local stakeholders in land use and transit planning decisions.\n(e) Consistent with the Bay Area Regional Rail Plan adopted by the Metropolitan Transportation Commission (Resolution 3826), the heavy rail connection between the Bay Area Rapid Transit District\u2019s rapid transit system and the Altamont Corridor Express is a matter of state interest, and all planning, analysis, alternatives, and mitigations for projects undertaken by the Altamont Pass Regional Rail Authority should be consistent with that state interest.\nSEC. 2.\nIt is the intent of the Legislature to establish the Altamont Pass Regional Rail Authority to plan and deliver a cost effective and responsive rail extension that connects the Bay Area Rapid Transit District\u2019s rapid transit system and the Altamont Corridor Express in the Tri-Valley, within the City of Livermore, to address regional economic and transportation challenges.\nSEC. 3.\nChapter 8 (commencing with Section 132651) is added to Division 12.7 of the Public Utilities Code, to read:\nCHAPTER  8. Altamont Pass Regional Rail Authority\n132651.\nAs used in this chapter, the following terms have the following meanings:\n(a) \u201cAuthority\u201d means the Altamont Pass Regional Rail Authority created under this chapter.\n(b) \u201cBay Area Rapid Transit\u201d means the Bay Area Rapid Transit District\u2019s rapid transit system.\n(c) \u201cBoard\u201d means the governing board of the authority.\n(d) \u201cConnection\u201d means an interregional rail connection between Bay Area Rapid Transit and the Altamont Corridor Express in the Tri-Valley, within the City of Livermore.\n(e) \u201cPhase 1 Project\u201d means the first phase of the connection, which will extend Bay Area Rapid Transit along Interstate 580 to a new station in the vicinity of the Isabel Avenue interchange in the City of Livermore.\n132652.\nThe authority is hereby established for purposes of planning and delivering a cost-effective and responsive connection that meets the goals and objectives of the community.\n132653.\nBy December 1, 2017, the board shall publish a detailed management, finance, and implementation plan relating to the connection.\n132655.\nThe governing board of the authority shall be composed of one representative from each of the following entities to be appointed by the governing board, mayor, or supervisor of each entity:\n(a) The Altamont Corridor Express.\n(b) The Bay Area Rapid Transit District.\n(c) The City of Dublin.\n(d) The City of Livermore.\n(e) The City of Pleasanton.\n(f) The City of Tracy.\n(g) The County of Alameda.\n(h) The County of San Joaquin.\n(i) The East Bay Leadership Council.\n(j) Innovation Tri-Valley.\n(k) The Livermore Amador Valley Transit Authority.\n(l) San Joaquin Partnership.\n132660.\n(a) The board may appoint an executive director to serve at the pleasure of the board.\n(b) The executive director is exempt from all civil service laws and shall be paid a salary established by the board.\n(c) The executive director may appoint staff or retain consultants as necessary to carry out the duties of the authority.\n(d) All contracts approved and awarded by the executive director shall be awarded in accordance with state and federal laws relating to procurement. Awards shall be based on price or competitive negotiation, or on both of those things.\n132665.\nThe Livermore Amador Valley Transit Authority shall enter into a memorandum of understanding with the San Joaquin Regional Rail Commission to comanage the rail-specific elements necessary to support the authority. For an initial one-year period, the Livermore Amador Valley Transit Authority\u2019s administrative staff shall, if that authority has appointed a member to the board in accordance with Section 132655, provide all necessary administrative support to the board to perform its duties and responsibilities and may perform for the board any and all activities that they are authorized to perform for the Livermore Amador Valley Transit Authority. At the conclusion of the initial period, the board may, through procedures that it determines, select the Livermore Amador Valley Transit Authority, San Joaquin Regional Rail Commission, or another existing public rail transit agency for one three-year term immediately following the initial period, and thereafter for five-year terms, to provide all necessary administrative support staff to the board to perform its duties and responsibilities.\n132670.\nThe Bay Area Rapid Transit District shall identify and expeditiously enter into an agreement with the authority to hold in trust for the authority all real and personal property and any other assets accumulated in the planning, environmental review, design, right-of-way acquisition, permitting, and construction of the connection, including, but not limited to, rights-of-way, documents, interim work products, studies, third-party agreements, contracts, and design documents, as necessary for completion of the connection.\n132675.\nAll unencumbered moneys dedicated for the completion of the Phase 1 Project or the connection shall be transferred to the authority for the completion of the connection.\n132680.\nThe authority shall not be responsible for any core system upgrades that preexist its establishment. This includes both existing core system deficiencies necessary to support planned service frequency upgrades and any core system upgrades needed to support prior system expansions, including, but not limited to, the Silicon Valley rapid transit corridor.\n132685.\nUpon the completion of the connection or any phase of the connection, the Bay Area Rapid Transit District shall assume ownership of all physical improvements constructed for that phase or the connection, and shall assume operational control, maintenance responsibilities, and related financial obligations of the phase or connection.\n132690.\n(a) The authority has all of the powers necessary for planning, acquiring, leasing, developing, jointly developing, owning, controlling, using, jointly using, disposing of, designing, procuring, and building the Phase 1 Project and connection, including, but not limited to, all of the following:\n(1) Acceptance of grants, fees, allocations, and transfers of moneys from federal, state, and local agencies, including, but not limited to, moneys from local measures, as well as private entities.\n(2) Acquiring, through purchase or through eminent domain proceedings, any property necessary for, incidental to, or convenient for, the exercise of the powers of the authority.\n(3) Incurring indebtedness, secured by pledges of revenue available for the Phase 1 Project or connection completion.\n(4) Contracting with public and private entities for the planning, design, and construction of the connection. These contracts may be assigned separately or may be combined to include any or all tasks necessary for completion of the Phase 1 Project or connection.\n(5) Entering into cooperative or joint development agreements with local governments or private entities. These agreements may be entered into for purposes of sharing costs, selling or leasing land, air, or development rights, providing for the transferring of passengers, making pooling arrangements, or for any other purpose that is necessary for, incidental to, or convenient for the full exercise of the powers granted to the authority. For purposes of this paragraph, \u201cjoint development\u201d includes, but is not limited to, an agreement with any person, firm, corporation, association, or organization for the operation of facilities or development of projects adjacent to, or physically or functionally related to, the Phase 1 Project or connection.\n(6) Relocation of utilities, as necessary for completion of the connection.\n(7) Conducting all necessary environmental reviews, including, but not limited to, completing environmental impact reports.\n(b) The duties of the authority include, but are not limited to, both of the following:\n(1) Conducting the financial studies and the planning and engineering necessary for completion of the Phase 1 Project and connection. Although this duty rests solely on the authority, the authority may exercise any of the powers described in subdivision (a) to fulfill this duty.\n(2) Adoption of an administrative code, not later than December 1, 2017, for administration of the authority in accordance with any applicable laws, including, but not limited to, the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code), the provisions of this chapter, laws generally applicable to local agency procurement and contracts, laws relating to contracting goals for minority and women business participation, and the Political Reform Act of 1974 (Title 9 (commencing with Section 81000) of the Government Code).\n132694.\nThe authority shall enter into a memorandum of understanding with the Bay Area Rapid Transit District that shall address the ability of the Bay Area Rapid Transit District to review any significant changes in the scope of the design or construction, or both design and construction, of the Phase 1 Project and connection.\n132695.\nThe Department of Transportation shall expedite reviews and requests related to the Phase 1 Project or connection and shall provide responses within 60 days.\n132697.\nOn or before December 1, 2017, and annually thereafter, the authority shall provide a project update report to the public, to be posted on the authority\u2019s Internet Web site, on the development and implementation of the Phase 1 Project and connection. The report, at a minimum, shall include a project summary, as well as details by phase, with all information necessary to clearly describe the status of the phase, including, but not limited to, all of the following:\n(a) A summary describing the overall progress of the phase.\n(b) The baseline budget for all phase costs, by segment or contract.\n(c) The current and projected budget, by segment or contract, for all phase costs.\n(d) Expenditures to date, by segment or contract, for all phase costs.\n(e) A summary of milestones achieved during the prior year and milestones expected to be reached in the coming year.\n(f) Any issues identified during the prior year and actions taken to address those issues.\n(g) A thorough discussion of risks to the project and steps taken to mitigate those risks.\n132699.\nThe authority shall be dissolved upon both the completion of the connection and the assumption by Bay Area Rapid Transit District of operational control of the connection as provided in Section 132685.\nSEC. 4.\nIf 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.\nSECTION 1.\nSection 30814 of the\nStreets and Highways Code\nis amended to read:\n30814.\n(a)No toll shall be imposed on the passage of a pedestrian or bicycle over any bridge that is part of the state highway system, on which the travel of pedestrians and bicycles is otherwise authorized, and on which tolls are imposed on the passage of motor vehicles, including any bridge constructed pursuant to a franchise granted under this article.\n(b)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.","title":""}
{"_id":"c24","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nArticle 2 (commencing with Section 18711) is added to Chapter 3 of Part 10.2 of Division 2 of the Revenue and Taxation Code, to read:\nArticle  2. California Domestic Violence Victims Fund\n18711.\n(a) An individual may designate on the tax return that a contribution in excess of the tax liability, if any, be made to the California Domestic Violence Victims Fund established by Section 18712. That designation is to be used as a voluntary contribution on the tax return.\n(b) The contributions shall be in full dollar amounts and may be made individually by each signatory on a joint return.\n(c) A designation under subdivision (a) shall be made for a 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\u2019s account, do not exceed the individual\u2019s liability, the return shall be treated as though no designation has been made. If a designee is not specified, the contribution shall be transferred to the General Fund after reimbursement of the direct actual costs of the Franchise Tax Board for the collection and administration of funds under this article.\n(d) If an individual designates a contribution to more than one account or fund listed on the tax return, and the amount available is insufficient to satisfy the total amount designated, the contribution shall be allocated among the designees on a pro rata basis.\n(e) The Franchise Tax Board shall revise the form of the return to include a space labeled \u201cCalifornia Domestic Violence Victims Fund\u201d 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 further the services that California\u2019s domestic violence programs provide for victims of domestic violence.\n(f) Notwithstanding any other law, a voluntary contribution designation for the California Domestic Violence Victims Fund shall not be added on the tax return until another voluntary contribution designation is removed or space is available.\n(g) 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).\n18712.\nThere is hereby established in the State Treasury the California Domestic Violence Victims Fund to receive contributions made pursuant to Section 18711. 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 18711 to be transferred to the California Domestic Violence Victims Fund. The Controller shall transfer from the Personal Income Tax Fund to the California Domestic Violence Victims Fund an amount not in excess of the sum of the amounts designated by individuals pursuant to Section 18711 for payment into that fund.\n18713.\nAll moneys transferred to the California Domestic Violence Victims Fund, upon appropriation by the Legislature, shall be allocated as follows:\n(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.\n(b) To the Office of Emergency Services for the distribution of funds to domestic violence programs in California that are in active status, as reflected on the Business Search page of the Secretary of State\u2019s Internet Web site, and are exempt from federal income taxation as an organization described in Section 501(c)(3) of the Internal Revenue Code, and are active grant recipients under the Comprehensive Statewide Domestic Violence Program within the Office of Emergency Services as described in Section 13823.15 of the Penal Code. The Office of Emergency Services shall award the funds and be responsible for overseeing the grant program.\n(1) A domestic violence program shall not use grant moneys awarded pursuant to this section for its administrative costs.\n(2) The Office of Emergency Services shall not use fund moneys for its administrative costs.\n18714.\n(a) Except as otherwise provided in subdivision (b), this article shall remain in effect only until January 1 of the fifth taxable year following the first appearance of the California Domestic Violence Victims Fund on the personal income tax return, and is repealed as of December 1 of that year.\n(b) (1) By September 1 of the second calendar year and each subsequent calendar year that the California Domestic Violence Victims Fund appears on the tax return, the Franchise Tax Board shall do all of the following:\n(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.\n(B) Provide written notification to the Office of Emergency Services of the amount determined in subparagraph (A).\n(C) 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.\n(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.\n(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 California Domestic Violence Victims Fund on the personal income tax return or the minimum contribution amount as adjusted pursuant to subdivision (c).\n(c) For each calendar year, beginning with the third calendar year after the first appearance of the California Domestic Violence Victims 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:\n(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.\n(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.","title":""}
{"_id":"c206","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 19619 of the Business and Professions Code is amended to read:\n19619.\n(a) Since the purpose of this chapter is to encourage agriculture and the breeding of horses in this state, a California Standardbred Sires Stakes Program is hereby established for standardbred horses bred in the State of California.\n(b) Horses eligible to race in the California Standardbred Sires Stakes Program shall be the offspring of a registered California standardbred stallion standing in California during an entire breeding season, or the offspring of a registered standardbred stallion standing in Iowa, Wisconsin, Minnesota, Michigan, or Maine, or the Province of Alberta, Canada.\n(c) (1) Responsibility for the California Standardbred Sires Stakes Program is with the board. Administration of the California Standardbred Sires Stakes Program is the responsibility of the California Standardbred Sires Stakes Committee. The committee shall consist of five members and one alternate selected from and by the California Harness Horsemen\u2019s Association.\n(2) Administrative expenses of the committee in any given year shall not exceed 4 percent of that year\u2019s income to the California Standardbred Sires Stakes Program, and all expenses shall be approved by the board.\n(d) The board may do all that is necessary to ensure that the California Standardbred Sires Stakes Program is appropriately administered and shall prepare, issue, and adopt rules and regulations providing for all of the following:\n(1) Classes and divisions of races, eligibility of horses and owners therefor, and prizes and awards to be awarded.\n(2) Nominating, sustaining, and entry fees for horses and races.\n(3) Registration and certification of California stallions, mares bred to those stallions, and foals produced thereby.\n(4) Any other matter that is considered to be necessary and appropriate for the proper administration and implementation of the California Standardbred Sires Stakes Program.\n(e) The funds for the California Standardbred Sires Stakes Program made available pursuant to Section 19491.7 and the nominating, sustaining, and entry fees provided for in this section shall be deposited with the California Standardbred Sires Stakes Committee. The committee shall distribute the funds deposited with it in accordance with this section for the purposes of the program in the manner approved by the board.\n(f) Pursuant to Section 19491.7, the breakage used to fund the California Standardbred Sires Stakes Program and to increase purses shall be divided in accordance with the following criteria:\nCalifornia Standardbred\nSires Stakes Program\nPurses\n1977 ........................\n10%\n90%\n1978 ........................\n20%\n80%\n1979 ........................\n25%\n75%\n1980 ........................\n50%\n50%\nJanuary 1 to June 30, 1981 ........................\n75%\n25%\nJuly 1, 1981, and thereafter ........................\n100%\n0%\n(g) An amount equal to 10 percent of the total purses raced for in the California sires stakes races shall be awarded to the standardbred breeders of the horses that earned purse money in the California standardbred sires stakes races in proportion to the amount of purse money earned by each horse.\n(h) An amount equal to 2 percent of the total purses raced for in the California sires stakes races shall be awarded to the owners of the registered California standardbred stallions that sired horses that earned purse money in the California standardbred sires stakes races in proportion to the amount of purse money earned by each horse so sired.\n(i) Notwithstanding subdivision (b), the board may establish a series of races for two-year-old and three-year-old fillies that are wholly owned by a California resident on the first day of January of the year that they become two years old and are wholly owned by a California resident on the day of the race.\n(j) The balance of the remaining funds, including nominating, sustaining, and entry fees, and after the expenditures described in subdivisions (e), (g), (h), and (i) have been made, shall be allocated to purses for races comprising the California Standardbred Sires Stakes Program.\n(k) The schedule of races that shall comprise the California Standardbred Sires Stakes Program during each year shall be set by the board in accordance with the following criteria:\n(1) California standardbred sires stakes races shall be scheduled for two-year-old or three-year-old trotters and two-year-old and three-year-old pacers at the discretion of the California Standardbred Sires Stakes Committee, except that no two-year-old races shall be held before the first day of June of any year. Races for four-year-old or aged trotters and four-year-old or aged pacers may also be scheduled.\n(2) Base purses for each set of races conducted during any given year at any race meeting shall be determined by the committee.\n(3) In each division of each race in the California standardbred sires stakes races, the purse shall be divided in the following manner:\n1st  ........................\n50%\n2nd  ........................\n25%\n3rd  ........................\n12%\n4th  ........................\n8%\n5th  ........................\n5%","title":""}
{"_id":"c469","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nThe Legislature finds and declares the following:\n(a) California is home to some of the most innovative and resourceful entrepreneurs in the world, making it the nation\u2019s leader in technology and related industries.\n(b) The state should harness this innovation and leverage it to provide the best possible customer service to all of its citizens in the most cost-effective, efficient, and creative manner.\n(c) Creativity and efficiency should not be limited to the private sector, but rather should be embraced and developed to further the public interest.\n(d) Allowing the most creative private sector professionals to volunteer their time and expertise to make government work better\nand be more streamlined\nfor its citizens would permit the state to utilize this creativity for the benefit of all its citizens.\n(e) Establishing a professionals in public service\nprogram, in\nprogram within\na California state agency would permit implementation of a model that has been applied successfully by a variety of public and private entities and has proven to be a useful tool to help various processes become more efficient.\nSEC. 2.\n(a)The Legislative Analyst and the California State Auditor shall collaboratively convene a work group for the purposes of determining the most appropriate state agency to house a professionals in public service pilot program with the goal of making state government activities and practices more streamlined and accessible to small businesses.\n(b)The Legislative Analyst and the California State Auditor shall report the work group\u2019s recommendations to the Legislature on or before December 31, 2016. The report shall be submitted as set forth in Section 9795 of the Government Code.\n(c)This section is repealed on January 1, 2017.\nSEC. 2.\nArticle 7 (commencing with Section 12100.1) is added to Chapter 1.6 of Part 2 of Division 3 of Title 2 of the Government Code, to read:\nArticle  7. Entrepreneur-in-Residence Act of 2016\n12100.1.\nThis article shall be known and may be cited as the Entrepreneur-in-Residence Act of 2016.\n12100.2.\nAs used in this article, the following terms shall have the following meanings:\n(a) \u201cAgency\u201d means any state agency, department, or commission.\n(b) \u201cEntrepreneur-in-residence\u201d means an individual appointed to a position under the program.\n(c) \u201cOffice\u201d means the Government Operations Agency.\n(d) \u201cProgram\u201d means the entrepreneur-in-residence program, as established by this article.\n(e) \u201cSecretary\u201d means the Secretary of the Government Operations Agency, or his or her designee.\n12100.3.\n(a) The state entrepreneur-in-residence program is hereby established within the office for the purpose of utilizing the expertise of private-sector entrepreneurs to help make state governmental activities and practices more streamlined and accessible.\n(b) (1) The secretary may appoint one or more entrepreneurs-in-residence under the program during each year, however, the secretary shall not appoint more than 10 entrepreneurs-in-residence during any calendar year. The secretary, with the approval of the state agency, may appoint an entrepreneur-in-residence to any state agency.\n(2) Any person appointed as an entrepreneur-in-residence shall meet at least one of the following qualifications:\n(A) The individual shall have demonstrated success in working with California small businesses and entrepreneurs.\n(B) The individual shall have successfully developed, invented, or created a product and brought the product to the marketplace.\n(3) Any person appointed as an entrepreneur-in-residence shall not have a conflict of interest with the activities of the state agency where he or she is placed, including, but not limited to, having any existing business before the state agency in which he or she is proposed to be placed or is placed.\n(c) The secretary shall accept appointment applications for the position of an entrepreneur-in-residence and establish procedures for complying with this article no later than March 1, 2017. Among other requirements, the procedures shall include the following:\n(1) A process for engaging with and receiving approval from state agencies about prospective appointments.\n(2) A process for screening prospective appointees, including checking background and references.\n(3) A standard memorandum of understanding that stipulates the responsibilities of each party in undertaking an entrepreneurship-in-residence under the program, including, but not limited to, hours, duties, goals, expected outcomes, agency support, and office participation. This standard memorandum of understanding shall be a model that shall be adapted to address each individual placement to create the memorandum of understanding into which the appointee, the agency, and the office enter.\n(d)  As a condition of having a placement of an entrepreneur-in-residence, the state agency shall agree to the procedures set by the secretary pursuant to subdivision (c).\n(e) Before the effective date of an appointment under this article, every individual selected to participate in the program shall have entered into a memorandum of understanding with the secretary and the head of the state agency where the entrepreneur will serve. The memorandum of understanding shall be specific to the placement and clearly identify the hours, duties, goals, expected outcomes, agency support, and office participation. The memorandum of understanding shall set the benchmarks and metrics for evaluating the success of the placement.\n(f) In administering the entrepreneur-in-residence program, the secretary shall appoint entrepreneurs-in-residence in a variety of interested agencies. However, to the extent practicable, the secretary shall not appoint more than two entrepreneurs-in-residence to positions in the same agency during the same year.\n(g) An entrepreneur-in-residence may serve as an entrepreneur-in-residence for no longer than two years.\n12100.4.\n(a) An entrepreneur-in-residence shall have all of the following duties:\n(1) Providing recommendations to the head of the state agency the entrepreneur-in-residence serves on how to streamline, eliminate, or modify potentially inefficient or duplicative activities, processes, and programs, if any, at the state agency.\n(2) Providing recommendations to the head of the state agency the entrepreneur-in-residence serves on methods to improve program efficiency at the state agency or new initiatives, if any, that may be instituted at the state agency to address the needs of small businesses and entrepreneurs.\n(3) Assisting the state agency the entrepreneur-in-residence serves in improving outreach and service to small business concerns and entrepreneurs including, but not limited to, the following:\n(A) Facilitating meetings and forums to educate small businesses and entrepreneurs on programs or initiatives of the state agency the entrepreneur-in-residence is serving.\n(B) Facilitating in-service sessions with employees of the office and the state agency the entrepreneur-in-residence is serving on issues of concern to entrepreneurs and small businesses.\n(C) Providing technical assistance or mentorship to small businesses and entrepreneurs in accessing programs at the office and the state agency the entrepreneur-in-residence is serving.\n(b) An entrepreneur-in-residence shall serve on a voluntary basis, and shall dedicate at least 16 hours per week to the program, unless a greater number of hours per week is otherwise agreed upon. At the discretion of the head of a participating state agency, the entrepreneur-in-residence shall have access to an office, computer, and other related support services and equipment from the participating state agency as the state agency determines to be necessary for the entrepreneur-in-residence to discharge his or her duties.\n(c) An entrepreneur-in-residence shall report directly to the head of the state agency in which the entrepreneur-in-residence is serving and shall also keep the secretary of the office updated on his or her activities, findings, and recommendations.\n12100.5.\n(a) The secretary shall establish an informal working group of entrepreneurs-in-residence to discuss best practices, experiences, obstacles, opportunities, and recommendations.\n(b) (1) \u2002 The secretary shall annually prepare and submit to the Governor and the Assembly Committee on Jobs, Economic Development, and the Economy a report on the program. The report, at a minimum, shall include the following:\n(A) A progress report on the activities of each entrepreneur-in-residence during the reporting period, based on the applicable memorandum of understanding.\n(B) A general summary on how the overall program is addressing the goals of the program, which are as follows:\n(i) Making state programs simpler, easier to access, more efficient, and more responsive to the needs and concerns of small businesses and entrepreneurs.\n(ii) Providing for better outreach by the state to the private sector.\n(iii) Strengthening coordination and interaction between the state and the private sector on issues relevant to entrepreneurs and small business concerns.\n(2) The requirement for submitting a report imposed under paragraph (1) of this subdivision is inoperative on January 1, 2021, pursuant to Section 10231.5.\n(3) It is anticipated that program impacts will not be fully measurable until recommended changes and activities are fully implemented. The office and the agency where an entrepreneur-in-residence is placed shall continue measuring and reporting the impact of the activities of the entrepreneur-in-residence for three years following the placement of an entrepreneur-in-residence.","title":""}
{"_id":"c398","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 837.5 is added to the Code of Civil Procedure, immediately following Section 837, to read:\n837.5.\n(a) The state may intervene in a comprehensive adjudication conducted pursuant to this chapter.\n(b) This section does not affect substantive law.\nSEC. 2.\nSection 10720.1 of the Water Code is amended to read:\n10720.1.\nIn enacting this part, it is the intent of the Legislature to do all of the following:\n(a) To provide for the sustainable management of groundwater basins.\n(b) To enhance local management of groundwater consistent with rights to use or store groundwater and Section 2 of Article X of the California Constitution. It is the intent of the Legislature to preserve the security of water rights in the state to the greatest extent possible consistent with the sustainable management of groundwater.\n(c) To establish minimum standards for sustainable groundwater management.\n(d) To provide local groundwater agencies with the authority and the technical and financial assistance necessary to sustainably manage groundwater.\n(e) To avoid or minimize subsidence.\n(f) To improve data collection and understanding about groundwater.\n(g) To increase groundwater storage and remove impediments to recharge.\n(h) To manage groundwater basins through the actions of local governmental agencies to the greatest extent feasible, while minimizing state intervention to only when necessary to ensure that local agencies manage groundwater in a sustainable manner.\n(i) To provide a more efficient and cost-effective groundwater adjudication process that protects water rights, ensures due process, prevents unnecessary delay, and furthers the objectives of this part.\nSEC. 3.\nSection 10720.5 of the Water Code is amended to read:\n10720.5.\n(a) Groundwater management pursuant to this part shall be consistent with Section 2 of Article X of the California Constitution. Nothing in this part modifies rights or priorities to use or store groundwater consistent with Section 2 of Article X of the California Constitution, except that in basins designated medium- or high-priority basins by the department, no extraction of groundwater between January 1, 2015, and the date of adoption of a groundwater sustainability plan pursuant to this part or the approval by the department of an alternative submitted under Section 10733.6, whichever is sooner, may be used as evidence of, or to establish or defend against, any claim of prescription.\n(b) Nothing in this part, or in any groundwater management plan adopted pursuant to this part, determines or alters surface water rights or groundwater rights under common law or any provision of law that determines or grants surface water rights.\n(c) Water rights may be determined in an adjudication action pursuant to Chapter 7 (commencing with Section 830) of Title 10 of Part 2 of the Code of Civil Procedure.\nSEC. 4.\nSection 10722.2 of the Water Code is amended to read:\n10722.2.\n(a) A local agency or an entity directed by the court in an adjudication action to file the request may request that the department revise the boundaries of a basin, including the establishment of new subbasins. A request shall be supported by the following information:\n(1) Information demonstrating that the proposed adjusted basin can be the subject of sustainable groundwater management.\n(2) Technical information regarding the boundaries of, and conditions in, the proposed adjusted basin.\n(3) Information demonstrating that the entity proposing the basin boundary adjustment consulted with interested local agencies and public water systems in the affected basins before filing the proposal with the department.\n(4) Other information the department deems necessary to justify revision of the basin\u2019s boundary.\n(b) By January 1, 2016, the department shall adopt regulations regarding the information required to comply with subdivision (a), including the methodology and criteria to be used to evaluate the proposed revision. The department shall adopt the regulations, including any amendments thereto, authorized by this section as emergency regulations in accordance with 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 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 and safety, or general welfare. Notwithstanding the Administrative Procedure Act, emergency regulations adopted by the department 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 department.\n(c) Methodology and criteria established pursuant to subdivision (b) shall address all of the following:\n(1) How to assess the likelihood that the proposed basin can be sustainably managed.\n(2) How to assess whether the proposed basin would limit the sustainable management of adjacent basins.\n(3) How to assess whether there is a history of sustainable management of groundwater levels in the proposed basin.\n(d) Prior to adopting the regulations pursuant to subdivision (b), the department shall conduct three public meetings to consider public comments. The department shall publish the draft regulations on its Internet Web site at least 30 days before the public meetings. One meeting shall be conducted at a location in northern California, one meeting shall be conducted at a location in the central valley of California, and one meeting shall be conducted at a location in southern California.\n(e) The department shall provide a copy of its draft revision of a basin\u2019s boundaries to the California Water Commission. The California Water Commission shall hear and comment on the draft revision within 60 days after the department provides the draft revision to the commission.\nSEC. 5.\nChapter 12 (commencing with Section 10737) is added to Part 2.74 of Division 6 of the Water Code, to read:\nCHAPTER  12. Determination of Rights to Groundwater\n10737.\nExcept as provided in this chapter, an adjudication action to determine rights to groundwater in a basin shall be conducted in accordance with the Code of Civil Procedure, including pursuant to Chapter 7 (commencing with Section 830) of Title 10 of Part 2 of that code.\n10737.2.\nIn an adjudication action for a basin required to have a groundwater sustainability plan under this part, the court shall manage the proceedings in a manner that minimizes interference with the timely completion and implementation of a groundwater sustainability plan, avoids redundancy and unnecessary costs in the development of technical information and a physical solution, and is consistent with the attainment of sustainable groundwater management within the timeframes established by this part.\n10737.4.\n(a) Chapter 11 (commencing with Section 10735) shall not apply to a judgment approved by the court pursuant to Section 850 of the Code of Civil Procedure if both of the following apply:\n(1) A local agency or a party directed by the court to file the submission submits the judgment to the department for evaluation and assessment pursuant to paragraph (2) of subdivision (b) of Section 10733.6.\n(2) The department determines that the judgment satisfies the objectives of this part for the basin.\n(b) A party or group of parties proposing a stipulated judgment pursuant to subdivision (b) of Section 850 of the Code of Civil Procedure may submit the proposed stipulated judgment to the department for evaluation and assessment pursuant to paragraph (2) of subdivision (b) of Section 10733.6.\n(c) Notwithstanding subdivision (c) of Section 10733.6, a judgment or proposed stipulated judgment pursuant to this section may be submitted to the department after January 1, 2017.\n(d) A determination of the department on a submission pursuant to this section is subject to judicial review pursuant to Section 1085 of the Code of Civil Procedure. Venue shall be in the court with jurisdiction over the adjudication action and the case shall be coordinated with the adjudication action.\n10737.6.\nIf the department determines that a judgment satisfies the objectives of this part in accordance with paragraph (2) of subdivision (a) of Section 10737.4, the department shall submit to the court the assessments and any recommended corrective actions that the department issues pursuant to Section 10733.8. The court, after notice and, if necessary, an evidentiary hearing, shall determine whether to amend the judgment pursuant to Section 852 of the Code of Civil Procedure to adopt the department\u2019s recommended corrective actions.\n10737.8.\nIn addition to making any findings required by subdivision (a) of Section 850 of the Code of Civil Procedure or any other law, the court shall not approve entry of judgment in an adjudication action for a basin required to have a groundwater sustainability plan under this part unless the court finds that the judgment will not substantially impair the ability of a groundwater sustainability agency, the board, or the department to comply with this part and to achieve sustainable groundwater management.\nSEC. 6.\nThis act shall only become operative if Assembly Bill 1390 of the 2015\u201316 Regular Session is enacted and becomes effective.","title":""}
{"_id":"c73","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 10072 of the Welfare and Institutions Code is amended to read:\n10072.\nThe electronic benefits transfer system required by this chapter shall be designed to do, but not be limited to, all of the following:\n(a) To the extent permitted by federal law and the rules of the program providing the benefits, recipients who are required to receive their benefits using an electronic benefits transfer system shall be permitted to gain access to the benefits in any part of the state where electronic benefits transfers are accepted. All electronic benefits transfer systems in this state shall be designed to allow recipients to gain access to their benefits by using every other electronic benefits transfer system.\n(b) To the maximum extent feasible, electronic benefits transfer systems shall be designed to be compatible with the electronic benefits transfer systems in other states.\n(c) All reasonable measures shall be taken in order to ensure that recipients have access to electronically issued benefits through systems such as automated teller machines, point-of-sale devices, or other devices that accept electronic benefits transfer transactions. Benefits provided under Chapter 2 (commencing with Section 11200) of Part 3 shall be staggered over a period of three calendar days, unless a county requests a waiver from the department and the waiver is approved, or in cases of hardship pursuant to subdivision (p).\n(d) The system shall provide for reasonable access to benefits to recipients who demonstrate an inability to use an electronic benefits transfer card or other aspect of the system because of disability, language, lack of access, or other barrier. These alternative methods shall conform to the requirements of the Americans with Disabilities Act (42 U.S.C. Sec. 12101, et seq.), including reasonable accommodations for recipients who, because of physical or mental disabilities, are unable to operate or otherwise make effective use of the electronic benefits transfer system.\n(e) The system shall permit a recipient the option to choose a personal identification number, also known as a \u201cPIN\u201d number, to assist the recipient to remember his or her number in order to allow access to benefits. Whenever an institution, authorized representative, or other third party not part of the recipient household or assistance unit has been issued an electronic benefits transfer card, either in lieu of, or in addition to, the recipient, the third party shall have a separate card and personal identification number. At the option of the recipient, he or she may designate whether restrictions apply to the third party\u2019s access to the recipient\u2019s benefits. At the option of the recipient head of household or assistance unit, the county shall provide one electronic benefits transfer card to each adult member to enable them to access benefits.\n(f) The system shall have a 24-hour per day toll-free telephone hotline for the reporting of lost or stolen cards that will provide recipients, at no additional cost to the recipient, with information on how to have the card and personal identification number replaced, and that will allow an authorized representative or head of household to access, over the telephone, the transaction history detail for at least the last 10 transactions and to request that the transaction history detail for at least the past two months be sent by mail.\n(g) The system shall have an Internet Web site that will provide recipients, at no additional cost to the recipient, with information on how to have the card and personal identification number replaced, and that will allow an authorized representative or head of household to view the transaction history detail for at least the last 10 transactions and to request that the transaction history detail for at least the past two months be sent by mail.\n(h) In addition to the ability to receive transaction history detail pursuant to subdivisions (f) and (g), a county human services agency shall make available to an authorized representative or head of household, at no additional cost to the authorized representative or head of household, all electronic benefit transaction history details that are available to the county human services agency within 10 business days after a request has been received by the agency.\n(i) (1) A recipient shall not incur any loss of electronic benefits after reporting that his or her electronic benefits transfer card or personal identification number has been lost or stolen. The system shall provide for the prompt replacement of lost or stolen electronic benefits transfer cards and personal identification numbers. Electronic benefits for which the case was determined eligible and that were not withdrawn by transactions using an authorized personal identification number for the account shall also be promptly replaced.\n(2) A recipient shall not incur any loss of cash benefits that are taken by an unauthorized withdrawal, removal, or use of benefits that does not occur by the use of a physical\nEBT\nelectronic benefits transfer\ncard issued to the recipient or authorized third party to directly access the benefits. Benefits taken as described in this paragraph shall be promptly replaced in accordance with the protocol established by the department pursuant to paragraph (3).\n(3) The State Department of Social Services shall establish a protocol for recipients to report electronic theft of cash benefits that minimizes the burden on recipients, ensures prompt replacement of benefits in order to minimize the harm to recipients, and ensures program integrity. This protocol may include the automatic replacement of benefits without the need for recipient reporting and verification.\n(j) Electronic benefits transfer system consumers shall be informed\non\nas to\nhow to use electronic benefits transfer cards, how to protect their cards from misuse, and where consumers can use their cards to withdraw benefits without incurring a fee, charge, or surcharge.\n(k) The electronic benefits transfer system shall be designed to inform recipients when the electronic benefits transfer system does not function or is expected not to function for more than a one-hour period between 6 a.m. and midnight during any 24-hour period. This information shall be made available in the recipient\u2019s preferred language if the electronic benefits transfer system vendor contract provides for services in that language.\n(l) Procedures shall be developed for error resolution.\n(m) No fee shall be charged by the state, a county, or an electronic benefits processor certified by the state to retailers participating in the electronic benefits transfer system.\n(n) Except for CalFresh transactions, a recipient may be charged a fee, not to exceed the amount allowed by applicable state and federal law and customarily charged to other customers, for cash withdrawal transactions that exceed four per month.\n(o) The electronic benefits transfer system shall be designed to ensure that recipients of benefits under Chapter 2 (commencing with Section 11200) of Part 3 have access to using or withdrawing benefits with minimal fees or charges, including an opportunity to access benefits with no fee or charges.\n(p) A county shall exempt an individual from the three-day staggering requirement under subdivision (c) on a case-by-case basis for hardship. Hardship includes, but is not limited to, the incurrence of late charges on an individual\u2019s housing payments.\n(q) A county shall use information provided by the department to inform recipients of benefits under Chapter 2 (commencing with Section 11200) of Part 3 of all of the following:\n(1) The methods of electronic delivery of benefits available, including distribution of benefits through the electronic benefits transfer system or direct deposit pursuant to Section 11006.2.\n(2) Applicable fees and charges, including surcharges, consumer and privacy protections, and liability for theft associated with the electronic benefits transfer system.\n(3) How to avoid fees and charges, including opting for delivery of benefits by direct deposit and using the electronic benefits transfer card solely at surcharge free locations.\n(4) Where to withdraw benefits without a surcharge when using the electronic benefits transfer system.\n(5) That a recipient may authorize any available method of electronic delivery of benefits and instructions regarding how the recipient may select or change his or her preferred method of electronic delivery of benefits and that the recipient shall be given the opportunity to select the method prior to the first payment.\n(6) That a recipient may be entitled to an alternative method of delivery if the recipient demonstrates an inability to use an electronic benefits transfer card or other aspect of the system because of disability, language, lack of access, or other barrier pursuant to subdivision (d) and instructions regarding how to determine whether the recipient qualifies for an alternative method of delivery.\n(7) That a recipient may be entitled to an exemption from the three-day staggering requirement under subdivision (c) on a case-by-case basis for hardship pursuant to subdivision (o) and instructions regarding how to determine whether the recipient qualifies for the exemption.\n(r) A county is in compliance with subdivision (q) if it provides the recipient a copy of the information developed by the department. A county may provide a recipient information, in addition to the copy of the information developed by the department, pursuant to subdivision (q), either verbally or in writing, if the county determines the additional information will benefit the recipient\u2019s understanding of the information provided.","title":""}
{"_id":"c186","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 1798.29 of the Civil Code is amended to read:\n1798.29.\n(a)\nAny\nAn\nagency that owns or licenses computerized data that includes personal information shall disclose\nany\na\nbreach of the security of the system following discovery or notification of the breach in the security of the data to\nany\na\nresident of California whose unencrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person. The disclosure shall be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement, as provided in subdivision (c), or any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.\n(b)\nAny\nAn\nagency that maintains computerized data that includes personal information that the agency does not own shall notify the owner or licensee of the information of\nany\nthe\nbreach of the security of the data immediately following discovery, if the personal information was, or is reasonably believed to have been, acquired by an unauthorized person.\n(c) The notification required by this section may be delayed if a law enforcement agency determines that the notification will impede a criminal investigation. The notification required by this section shall be made\npromptly\nafter the law enforcement agency determines that it will not compromise the investigation.\n(d)\nAny\nAn\nagency that is required to issue a security breach notification pursuant to this section shall meet all of the following requirements:\n(1) The security breach notification shall be written in plain language.\n(2) The security breach notification shall include, at a minimum, the following information:\n(A) The name and contact information of the reporting agency subject to this section.\n(B) A list of the types of personal information that were or are reasonably believed to have been the subject of a breach.\n(C) If the information is possible to determine at the time the notice is provided, then any of the following: (i) the date of the breach, (ii) the estimated date of the breach, or (iii) the date range within which the breach occurred. The notification shall also include the date of the notice.\n(D) Whether the notification was delayed as a result of a law enforcement investigation, if that information is possible to determine at the time the notice is provided.\n(E) A general description of the breach incident, if that information is possible to determine at the time the notice is provided.\n(F) The toll-free telephone numbers and addresses of the major credit reporting agencies, if the breach exposed a social security number or a driver\u2019s license or California identification card number.\n(G) If the agency providing the notification was the source of the breach, an offer to provide appropriate identity theft prevention and mitigation services, if any, shall be provided at no cost to the affected person for not less than 12 months, along with all information necessary to take advantage of the offer to any person whose information was or may have been breached if the breach exposed or may have exposed personal information defined in subparagraphs (A) and (B) of paragraph (1) of subdivision (g).\n(3) At the discretion of the agency, the security breach notification may also include any of the following:\n(A) Information about what the agency has done to protect individuals whose information has been breached.\n(B) Advice on steps that the person whose information has been breached may take to protect himself or herself.\n(4) In the case of a breach of the security of the system involving personal information defined in paragraph (2) of subdivision (g) for an online account, and no other personal information defined in paragraph (1) of subdivision (g), the agency may comply with this section by providing the security breach notification in electronic or other form that directs the person whose personal information has been breached to promptly change his or her password and security question or answer, as applicable, or to take other steps appropriate to protect the online account with the agency and all other online accounts for which the person uses the same user name or email address and password or security question or answer.\n(5) In the case of a breach of the security of the system involving personal information defined in paragraph (2) of subdivision (g) for login credentials of an email account furnished by the agency, the agency shall not comply with this section by providing the security breach notification to that email address, but may, instead, comply with this section by providing notice by another method described in subdivision (i) or by clear and conspicuous notice delivered to the resident online when the resident is connected to the online account from an Internet Protocol address or online location from which the agency knows the resident customarily accesses the account.\n(e)\nAny\nAn\nagency that is required to issue a security breach notification pursuant to this section to more than 500 California residents as a result of a single breach of the security system shall electronically submit a single sample copy of that security breach notification, excluding any personally identifiable information, to the Attorney General. A single sample copy of a security breach notification shall not be deemed to be within subdivision (f) of Section 6254 of the Government Code.\n(f) For purposes of this section, \u201cbreach of the security of the system\u201d means unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of personal information maintained by the agency. Good faith acquisition of personal information by an employee or agent of the agency for the purposes of the agency is not a breach of the security of the system, provided that the personal information is not used or subject to further unauthorized disclosure.\n(g) For purposes of this section, \u201cpersonal information\u201d means either of the following:\n(1) An individual\u2019s first name or first initial and last name in combination with any one or more of the following data elements, when either the name or the data elements are not encrypted:\n(A) Social security number.\n(B) Driver\u2019s license number or California identification card number.\n(C) Account number, credit or debit card number, in combination with any required security code, access code, or password that would permit access to an individual\u2019s financial account.\n(D) Medical information.\n(E) Health insurance information.\n(2) A user name or email address, in combination with a password or security question and answer that would permit access to an online account.\n(h) (1) For purposes of this section, \u201cpersonal information\u201d does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records.\n(2) For purposes of this section, \u201cmedical information\u201d means any information regarding an individual\u2019s medical history, mental or physical condition, or medical treatment or diagnosis by a health care professional.\n(3) For purposes of this section, \u201chealth insurance information\u201d means an individual\u2019s health insurance policy number or subscriber identification number, any unique identifier used by a health insurer to identify the individual, or any information in an individual\u2019s application and claims history, including any appeals records.\n(i) For purposes of this section, \u201cnotice\u201d may be provided by one of the following methods:\n(1) Written notice.\n(2) Electronic notice, if the notice provided is consistent with the provisions regarding electronic records and signatures set forth in Section 7001 of Title 15 of the United States Code.\n(3) Substitute notice, if the agency demonstrates that the cost of providing notice would exceed two hundred fifty thousand dollars ($250,000), or that the affected class of subject persons to be notified exceeds 500,000, or the agency does not have sufficient contact information. Substitute notice shall consist of all of the following:\n(A) Email notice when the agency has an email address for the subject persons.\n(B) Conspicuous posting of the notice on the agency\u2019s Internet Web site page, if the agency maintains one.\n(C) Notification to major statewide media and the Office of Information Security within the Department of Technology.\n(j) Notwithstanding subdivision (i), an agency that maintains its own notification procedures as part of an information security policy for the treatment of personal information and is otherwise consistent with the timing requirements of this part shall be deemed to be in compliance with the notification requirements of this section if it notifies subject persons in accordance with its policies in the event of a breach of security of the system.\n(k) Notwithstanding the exception specified in paragraph (4) of subdivision (b) of Section 1798.3, for purposes of this section, \u201cagency\u201d includes a local agency, as defined in subdivision (a) of Section 6252 of the Government Code.","title":""}
{"_id":"c93","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 11401.5 is added to the Insurance Code, to read:\n11401.5.\n(a) (1) Each association that holds a certificate of authority pursuant to this chapter and that issues long-term disability or long-term care policies or contracts shall submit to the commissioner the opinion of a qualified actuary as to whether the reserves and related actuarial items that support the policies or contracts issued pursuant to this chapter, including policies and contracts issued by entities established by these associations that provide benefits described in this chapter, are expected to be adequate to satisfy contractual provisions, are based on reasonable assumptions, and are based on actuarial standards of practice published by the American Academy of Actuaries and the Actuarial Standards Board. An association that holds a certificate of authority pursuant to this chapter shall file its opinion no later than July 1, 2016. The opinion shall have been completed no earlier than December 31, 2013.\n(2) An association is considered to have issued a long-term care or disability policy or contract if it self-funds all or part of the resulting obligation. An association that markets long-term policies or contracts issued by an insurer that is admitted by the department to offer insurance products in the state is exempt from this reporting requirement.\n(3) An association seeking a certificate of authority pursuant to this chapter shall file an opinion, to the extent feasible, that establishes that it would have adequate resources to provide benefits described in this chapter as required to satisfy its proposed contractual obligations.\n(b) The opinion required by subdivision (a) shall include supporting memoranda from the same qualified actuary as to whether the reserves and related actuarial items held in support of the policies and contracts, when considered in light of the assets held by the association with respect to the reserves and related actuarial items, including, but not limited to, the investment earnings on the assets and the considerations anticipated to be received and retained under the policies and contracts, and shall make adequate provision for the association\u2019s obligations under the policies and contracts, including, but not limited to, the benefits and any administrative and operating expenses associated with the policies and contracts.\n(c) The opinion required by subdivision (a) shall be governed by the following provisions:\n(1) It shall include supporting memoranda consistent with actuarial standards of practice published by the American Academy of Actuaries and the Actuarial Standards Board.\n(2) If the association fails to provide an opinion and supporting memoranda to the commissioner that meets the requirements of this section, the commissioner shall notify the association of the deficiencies in the filing, and shall make a specific request that identifies the issues that should be addressed in an amended filing. The requests shall be consistent with actuarial standards of practice published by the American Academy of Actuaries and the Actuarial Standards Board.\n(d) If the commissioner determines, after a review of the filings from the associations, that the laws governing these associations are inadequate to protect the interests of the members of the associations, he or she shall, on or before July 1, 2017, develop and deliver recommendations to the Assembly Committee on Insurance and the Senate Committee on Insurance regarding changes in the law necessary to protect the interests of members of the associations.\n(e) Documents, materials, or other information, including the opinion with supporting memoranda, submitted pursuant to this section that are in the possession or control of the Department of Insurance and that are obtained by, created by, or disclosed to the commissioner or any other person pursuant to this section, are recognized by this state as being proprietary and to contain trade secrets. Those documents, materials, or other information shall be confidential by law and privileged, shall not be subject to disclosure by the commissioner pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code), and shall not be subject to subpoena or discovery from the commissioner or admissible into evidence, in a private civil action if obtained from the commissioner. The commissioner shall not otherwise make those documents, materials, or other information public without the prior written consent of the association.\n(f) This section shall remain in effect only until December 31, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before December 31, 2018, deletes or extends that date.\nSEC. 2.\nSection 11401.6 is added to the Insurance Code, to read:\n11401.6.\n(a) An association that self-funds all or part of the benefits provided under this chapter shall include the following language, or other language approved by the commissioner, in all contracts that are not regulated by the department, and in certificates evidencing coverage under those contracts, in capital letters and in a minimum of 12-point type:\n\n\n\u201cALL OR A PORTION OF THE BENEFITS PROVIDED BY THIS CONTRACT ARE NOT SUBJECT TO REGULATION BY THE CALIFORNIA DEPARTMENT OF INSURANCE, AND THE CONTRACT IS NOT GUARANTEED BY THE CALIFORNIA LIFE AND HEALTH INSURANCE GUARANTEE ASSOCIATION.\u201d\n\n\n(b) This section shall remain in effect only until December 31, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before December 31, 2018, deletes or extends that date.\nSEC. 3.\nThe Legislature finds and declares that Section 1 of this act, which adds Section 11401.5 of the Insurance Code, imposes a limitation on the public\u2019s 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:\nIn order to protect proprietary information, it is necessary to enact legislation that limits the public\u2019s right of access to insurance holding company information that is provided pursuant to Section 11401.5 of the Insurance Code.","title":""}
{"_id":"c302","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 41326 of the Education Code is amended to read:\n41326.\n(a) Notwithstanding any other provision of this code, the acceptance by a school district of an apportionment made pursuant to Section 41320 that exceeds an amount equal to 200 percent of the amount of the reserve recommended for that school district under the standards and criteria adopted pursuant to Section 33127 constitutes the agreement by the school district to the conditions set forth in this article. Before applying for an emergency apportionment in the amount identified in this subdivision, the governing board of a school district shall discuss the need for that apportionment at a regular or special meeting of the governing board of the school district and, at that meeting, shall receive testimony regarding the apportionment from parents, exclusive representatives of employees of the school district, and other members of the community. For purposes of this article, \u201cqualifying school district\u201d means a school district that accepts a loan as described in this subdivision.\n(b) The Superintendent shall assume all the legal rights, duties, and powers of the governing board of a qualifying school district. The Superintendent, in consultation with the county superintendent of schools, shall appoint an administrator to act on his or her behalf in exercising the authority described in this subdivision in accordance with all of the following:\n(1) The administrator shall serve under the direction and supervision of the Superintendent until terminated by the Superintendent at his or her discretion. The Superintendent shall consult with the county superintendent of schools before terminating the administrator.\n(2) The administrator shall have recognized expertise in management and finance.\n(3) To facilitate the appointment of the administrator and the employment of necessary staff, for purposes of this section, the Superintendent is exempt from the requirements of Article 6 (commencing with Section 999) of Chapter 6 of Division 4 of the Military and Veterans Code and Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code.\n(4) Notwithstanding any other law, the Superintendent may appoint an employee of the state or the office of the county superintendent of schools to act as administrator for up to the duration of the administratorship. During the tenure of his or her appointment, the administrator, if he or she is an employee of the state or the office of the county superintendent of schools, is an employee of the qualifying school district, but shall remain in the same retirement system under the same plan that has been provided by his or her employment with the state or the office of the county superintendent of schools. Upon the expiration or termination of the appointment, the employee shall have the right to return to his or her former position, or to a position at substantially the same level as that position, with the state or the office of the county superintendent of schools. The time served in the appointment shall be counted for all purposes as if the administrator had served that time in his or her former position with the state or the office of the county superintendent of schools.\n(5) Except for an individual appointed as an administrator by the Superintendent pursuant to paragraph (4), the administrator shall be a member of the State Teachers\u2019 Retirement System, if qualified, for the period of service as administrator, unless he or she elects in writing not to become a member. A person who is a member or retirant of the State Teachers\u2019 Retirement System at the time of appointment shall continue to be a member or retirant of the system for the duration of the appointment. If the administrator chooses to become a member or is already a member, the administrator shall be placed on the payroll of the qualifying school district for purposes of providing appropriate contributions to the system. The Superintendent may also require the administrator to be placed on the payroll of the qualifying school district for purposes of remuneration, other benefits, and payroll deductions.\n(6) For purposes of workers\u2019 compensation benefits, the administrator is an employee of the qualifying school district, except that an administrator appointed pursuant to paragraph (4) may be deemed an employee of the state or office of the county superintendent of schools, as applicable.\n(7) The qualifying school district shall add the administrator as a covered employee of the qualifying school district for all purposes of errors and omissions liability insurance policies.\n(8) The salary and benefits of the administrator shall be established by the Superintendent and paid by the qualifying school district.\n(9) The Superintendent or the administrator may employ, on a short-term basis and at the expense of the qualifying school district, any staff necessary to assist the administrator, including, but not limited to, a certified public accountant.\n(10) The administrator may do all of the following:\n(A) Implement substantial changes in the fiscal policies and practices of the qualifying school district, including, if necessary, the filing of a petition under Chapter 9 (commencing with Section 901) of Title 11 of the United States Code for the adjustment of indebtedness.\n(B) Revise the educational program of the qualifying school district to reflect realistic income projections and pupil performance relative to state standards.\n(C) Encourage all members of the school community to accept a fair share of the burden of the fiscal recovery of the qualifying school district.\n(D) Consult, for the purposes described in this subdivision, with the governing board of the qualifying school district, the exclusive representatives of the employees of the qualifying school district, parents, and the community.\n(E) Consult with, and seek recommendations from, the Superintendent, the county superintendent of schools, and the County Office Fiscal Crisis and Management Assistance Team authorized pursuant to subdivision (c) of Section 42127.8 for purposes described in this article.\n(F) With the approval of the Superintendent, enter into agreements on behalf of the qualifying school district and, subject to any contractual obligation of the qualifying school district, change existing school district rules, regulations, policies, or practices as necessary for the effective implementation of the recovery plans referred to in Sections 41327 and 41327.1.\n(G) Request the advice and assistance of the California Collaborative for Educational Excellence pursuant to paragraph (1) of subdivision (f) of Section 52074.\n(c) (1) Except as provided for in paragraph (2), the period of time during which the Superintendent exercises the authority described in subdivision (b), the governing board of the qualifying school district shall serve as an advisory body reporting to the state-appointed administrator, and has no rights, duties, or powers, and is not entitled to any stipend, benefits, or other compensation from the qualifying school district.\n(2) (A) After one complete fiscal year has elapsed following the qualifying school district\u2019s acceptance of an emergency apportionment, the governing board of the qualifying school district may conduct an annual advisory evaluation of an administrator for the duration of the administratorship.\n(B) An advisory evaluation of an administrator shall focus on the administrator\u2019s effectiveness in leading the qualifying school district toward fiscal recovery and improved academic achievement. Advisory evaluation criteria shall be agreed upon by the governing board of the qualifying school district and the administrator before the advisory evaluation. The advisory evaluation shall include, but not be limited to, all of the following:\n(i) Goals and standards consistent with Section 41327.1.\n(ii) Commendations in the areas of the administrator\u2019s strengths and achievements.\n(iii) Recommendations for improving the administrator\u2019s effectiveness in areas of concern and unsatisfactory performance.\n(C) An advisory evaluation of an administrator conducted by the governing board of a qualifying school district shall be submitted to the Governor, the Legislature, the Superintendent, and the County Office Fiscal Crisis and Management Assistance Team.\n(3) Upon the appointment of an administrator pursuant to this section, the district superintendent is no longer an employee of the qualifying school district.\n(4) A determination of the severance compensation for the district superintendent shall be made pursuant to subdivision (j).\n(d) Notwithstanding Section 35031 or any other law, the administrator, after according the affected employee reasonable notice and the opportunity for a hearing, may terminate the employment of a deputy, associate, assistant superintendent, or other school district level administrator who is employed by a qualifying school district under a contract of employment signed or renewed after January 1, 1992, if the employee fails to document, to the satisfaction of the administrator, that before the date of the acceptance of the emergency apportionment he or she either advised the governing board of the qualifying school district, or his or her superior, that actions contemplated or taken by the governing board of the qualifying school district could result in the fiscal insolvency of the qualifying school district, or took other appropriate action to avert that fiscal insolvency.\n(e) The authority of the Superintendent, and the administrator, under this section shall continue until all of the following occur:\n(1) (A) After one complete fiscal year has elapsed following the qualifying school district\u2019s acceptance of an emergency apportionment as described in subdivision (a), the administrator determines, and so notifies the Superintendent and the county superintendent of schools, that future compliance by the qualifying school district with the recovery plans approved pursuant to paragraph (2) is probable.\n(B) The Superintendent may return power to the governing board of the qualifying school district for an area listed in subdivision (a) of Section 41327.1 if performance under the recovery plan for that area has been demonstrated to the satisfaction of the Superintendent.\n(2) The Superintendent has approved all of the recovery plans referred to in subdivision (a) of Section 41327 and the County Office Fiscal Crisis and Management Assistance Team completes the improvement plans specified in Section 41327.1 and has completed a minimum of two reports identifying the qualifying school district\u2019s progress in implementing the improvement plans.\n(3) The administrator certifies that all necessary collective bargaining agreements have been negotiated and ratified, and that the agreements are consistent with the terms of the recovery plans.\n(4) The qualifying school district has completed all reports required by the Superintendent and the administrator.\n(5) The Superintendent determines that future compliance by the qualifying school district with the recovery plans approved pursuant to paragraph (2) is probable.\n(f) When the conditions stated in subdivision (e) have been met, and at least 60 days after the Superintendent has notified the Legislature, the Department of Finance, the Controller, and the county superintendent of schools that he or she expects the conditions prescribed pursuant to this section to be met, the governing board of the qualifying school district shall regain all of its legal rights, duties, and powers, except for the powers held by the trustee provided for pursuant to Article 2 (commencing with Section 41320). The Superintendent shall appoint a trustee under Section 41320.1 to monitor and review the operations of the qualifying school district until the conditions of subdivision (b) of that section have been met.\n(g) Notwithstanding subdivision (f), if the qualifying school district violates a provision of the recovery plans approved by the Superintendent pursuant to this article within five years after the trustee appointed pursuant to Section 41320.1 is removed or after the emergency apportionment is repaid, whichever occurs later, or the improvement plans specified in Section 41327.1 during the period of the trustee\u2019s appointment, the Superintendent may reassume, either directly or through an administrator appointed in accordance with this section, all of the legal rights, duties, and powers of the governing board of the qualifying school district. The Superintendent shall return to the governing board of the qualifying school district all of its legal rights, duties, and powers reassumed under this subdivision when he or she determines that future compliance with the approved recovery plans is probable, or after a period of one year, whichever occurs later.\n(h) Article 2 (commencing with Section 41320) shall apply except as otherwise specified in this article.\n(i) It is the intent of the Legislature that the legislative budget subcommittees annually conduct a review of each qualifying school district that includes an evaluation of the financial condition of the qualifying school district, the impact of the recovery plans upon the qualifying school district\u2019s educational program, and the efforts made by the state-appointed administrator to obtain input from the community and the governing board of the qualifying school district.\n(j) (1) The district superintendent is entitled to a due process hearing for purposes of determining final compensation. The final compensation of the district superintendent shall be between zero and six times his or her monthly salary. The outcome of the due process hearing shall be reported to the Superintendent and the public. The information provided to the public shall explain the rationale for the compensation.\n(2) This subdivision applies only to a contract for employment negotiated on or after June 21, 2004.\n(k) (1) When the Superintendent assumes control over a qualifying school district pursuant to subdivision (b), he or she shall, in consultation with the County Office Fiscal Crisis and Management Assistance Team, review the fiscal oversight of the qualifying school district by the county superintendent of schools. The Superintendent may consult with other fiscal experts, including other county superintendents of schools and regional fiscal teams, in conducting this review.\n(2) Within three months of assuming control over a qualifying school district, the Superintendent shall report his or her findings to the Legislature and shall provide a copy of that report to the Department of Finance. This report shall include findings as to fiscal oversight actions that were or were not taken and may include recommendations as to an appropriate legislative response to improve fiscal oversight.\n(3) If, after performing the duties described in paragraphs (1) and (2), the Superintendent determines that the county superintendent of schools failed to carry out his or her responsibilities for fiscal oversight as required by this code, the Superintendent may exercise the authority of the county superintendent of schools who has oversight responsibilities for a qualifying school district. If the Superintendent finds, based on the report required in paragraph (2), that the county superintendent of schools failed to appropriately take into account particular types of indicators of financial distress, or failed to take appropriate remedial actions in the qualifying school district, the Superintendent shall further investigate whether the county superintendent of schools failed to take into account those indicators, or similarly failed to take appropriate actions in other school districts with negative or qualified certifications, and shall provide an additional report on the fiscal oversight practices of the county superintendent of schools to the appropriate policy and fiscal committees of each house of the Legislature and the Department of Finance.","title":""}
{"_id":"c138","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 1363 of the Health and Safety Code is amended to read:\n1363.\n(a) The director shall require the use by each plan of disclosure forms or materials containing information regarding the benefits, services, and terms of the plan contract as the director may require, so as to afford the public, subscribers, and enrollees with a full and fair disclosure of the provisions of the plan in readily understood language and in a clearly organized manner. The director may require that the materials be presented in a reasonably uniform manner so as to facilitate comparisons between plan contracts of the same or other types of plans. Nothing contained in this chapter shall preclude the director from permitting the disclosure form to be included with the evidence of coverage or plan contract.\nThe disclosure form shall provide for at least the following information, in concise and specific terms, relative to the plan, together with additional information as may be required by the director, in connection with the plan or plan contract:\n(1) The principal benefits and coverage of the plan, including coverage for acute care and subacute care.\n(2) The exceptions, reductions, and limitations that apply to the plan.\n(3) The full premium cost of the plan.\n(4) Any copayment, coinsurance, or deductible requirements that may be incurred by the member or the member\u2019s family in obtaining coverage under the plan.\n(5) The terms under which the plan may be renewed by the plan member, including any reservation by the plan of any right to change premiums.\n(6) A statement that the disclosure form is a summary only, and that the plan contract itself should be consulted to determine governing contractual provisions. The first page of the disclosure form shall contain a notice that conforms with all of the following conditions:\n(A) (i) States that the evidence of coverage discloses the terms and conditions of coverage.\n(ii) States, with respect to individual plan contracts, small group plan contracts, and any other group plan contracts for which health care services are not negotiated, that the applicant has a right to view the evidence of coverage prior to enrollment, and, if the evidence of coverage is not combined with the disclosure form, the notice shall specify where the evidence of coverage can be obtained prior to enrollment.\n(B) Includes a statement that the disclosure and the evidence of coverage should be read completely and carefully and that individuals with special health care needs should read carefully those sections that apply to them.\n(C) Includes the plan\u2019s telephone number or numbers that may be used by an applicant to receive additional information about the benefits of the plan or a statement where the telephone number or numbers are located in the disclosure form.\n(D) For individual contracts, and small group plan contracts as defined in Article 3.1 (commencing with Section 1357), the disclosure form shall state where the health plan benefits and coverage matrix is located.\n(E) Is printed in type no smaller than that used for the remainder of the disclosure form and is displayed prominently on the page.\n(7) A statement as to when benefits shall cease in the event of nonpayment of the prepaid or periodic charge and the effect of nonpayment upon an enrollee who is hospitalized or undergoing treatment for an ongoing condition.\n(8) To the extent that the plan permits a free choice of provider to its subscribers and enrollees, the statement shall disclose the nature and extent of choice permitted and the financial liability that is, or may be, incurred by the subscriber, enrollee, or a third party by reason of the exercise of that choice.\n(9) A summary of the provisions required by subdivision (g) of Section 1373, if applicable.\n(10) If the plan utilizes arbitration to settle disputes, a statement of that fact.\n(11) A summary of, and a notice of the availability of, the process the plan uses to authorize, modify, or deny health care services under the benefits provided by the plan, pursuant to Sections 1363.5 and 1367.01.\n(12) A description of any limitations on the patient\u2019s choice of primary care physician, specialty care physician, or nonphysician health care practitioner, based on service area and limitations on the patient\u2019s choice of acute care hospital care, subacute or transitional inpatient care, or skilled nursing facility.\n(13) General authorization requirements for referral by a primary care physician to a specialty care physician or a nonphysician health care practitioner.\n(14) Conditions and procedures for disenrollment.\n(15) A description as to how an enrollee may request continuity of care as required by Section 1373.96 and request a second opinion pursuant to Section 1383.15.\n(16) Information concerning the right of an enrollee to request an independent review in accordance with Article 5.55 (commencing with Section 1374.30).\n(17) A notice as required by Section 1364.5.\n(b) (1) As of July 1, 1999, the director shall require each plan offering a contract to an individual or small group to provide with the disclosure form for individual and small group plan contracts a uniform health plan benefits and coverage matrix containing the plan\u2019s major provisions in order to facilitate comparisons between plan contracts. The uniform matrix shall include the following category descriptions together with the corresponding copayments and limitations in the following sequence:\n(A) Deductibles.\n(B) Lifetime maximums.\n(C) Professional services.\n(D) Outpatient services.\n(E) Hospitalization services.\n(F) Emergency health coverage.\n(G) Ambulance services.\n(H) Prescription drug coverage.\n(I) Durable medical equipment.\n(J) Mental health services.\n(K) Chemical dependency services.\n(L) Home health services.\n(M) Other.\n(2) The following statement shall be placed at the top of the matrix in all capital letters in at least 10-point boldface type:\n\n\n\nTHIS MATRIX IS INTENDED TO BE USED TO HELP YOU COMPARE COVERAGE BENEFITS AND IS A SUMMARY ONLY. THE EVIDENCE OF COVERAGE AND PLAN CONTRACT SHOULD BE CONSULTED FOR A DETAILED DESCRIPTION OF COVERAGE BENEFITS AND LIMITATIONS.\n\n\n\n(3) (A) A health care service plan contract subject to Section 2715 of the federal Public Health Service Act (42 U.S.C. Sec. 300gg-15), shall satisfy the requirements of this subdivision by providing the uniform summary of benefits and coverage required under Section 2715 of the federal Public Health Service Act (42 U.S.C. Sec. 300gg-15) and any rules or regulations issued thereunder. A health care service plan that issues the uniform summary of benefits referenced in this paragraph shall do both of the following:\n(i) Ensure that all applicable benefit disclosure requirements specified in this chapter and in Title 28 of the California Code of Regulations are met in other health plan documents provided to enrollees under the provisions of this chapter.\n(ii) Consistent with applicable law, advise applicants and enrollees, in a prominent place in the plan documents referenced in subdivision (a), that enrollees are not financially responsible in payment of emergency care services, in any amount that the health care service plan is obligated to pay, beyond the enrollee\u2019s copayments, coinsurance, and deductibles as provided in the enrollee\u2019s health care service plan contract.\n(B) Commencing October 1, 2016, the uniform summary of benefits and coverage referenced in this paragraph shall constitute a vital document for the purposes of Section 1367.04. Not later than July 1, 2016, the department shall develop written translations of the template uniform summary of benefits and coverage for all language groups identified by the State Department of Health Care Services in all plan letters as of August 27, 2014, for translation services pursuant to Section 14029.91 of the Welfare and Institutions Code, except for any language group for which the United States Department of Labor has already prepared a written translation. Not later than July 1, 2016, the department shall make available on its Internet Web site written translations of the template uniform summary of benefits and coverage developed by the department, and written translations prepared by the United States Department of Labor, if available, for any language group to which this subparagraph applies.\n(C) Subdivision (c) shall not apply to a health care service plan contract subject to subparagraph (A).\n(c) Nothing in this section shall prevent a plan from using appropriate footnotes or disclaimers to reasonably and fairly describe coverage arrangements in order to clarify any part of the matrix that may be unclear.\n(d) All plans, solicitors, and representatives of a plan shall, when presenting any plan contract for examination or sale to an individual prospective plan member, provide the individual with a properly completed disclosure form, as prescribed by the director pursuant to this section for each plan so examined or sold.\n(e) In the case of group contracts, the completed disclosure form and evidence of coverage shall be presented to the contractholder upon delivery of the completed health care service plan agreement.\n(f) Group contractholders shall disseminate copies of the completed disclosure form to all persons eligible to be a subscriber under the group contract at the time those persons are offered the plan. If the individual group members are offered a choice of plans, separate disclosure forms shall be supplied for each plan available. Each group contractholder shall also disseminate or cause to be disseminated copies of the evidence of coverage to all applicants, upon request, prior to enrollment and to all subscribers enrolled under the group contract.\n(g) In the case of conflicts between the group contract and the evidence of coverage, the provisions of the evidence of coverage shall be binding upon the plan notwithstanding any provisions in the group contract that may be less favorable to subscribers or enrollees.\n(h) In addition to the other disclosures required by this section, every health care service plan and any agent or employee of the plan shall, when presenting a plan for examination or sale to any individual purchaser or the representative of a group consisting of 25 or fewer individuals, disclose in writing the ratio of premium costs to health services paid for plan contracts with individuals and with groups of the same or similar size for the plan\u2019s preceding fiscal year. A plan may report that information by geographic area, provided the plan identifies the geographic area and reports information applicable to that geographic area.\n(i) Subdivision (b) shall not apply to any coverage provided by a plan for the Medi-Cal program or the Medicare Program pursuant to Title XVIII and Title XIX of the federal Social Security Act.\nSEC. 2.\nSection 10603 of the Insurance Code, as amended by Section 8 of Chapter 1 of the First Extraordinary Session of the Statutes of 2013, is amended to read:\n10603.\n(a) (1) On or before April 1, 1975, the commissioner shall promulgate a standard supplemental disclosure form for all disability insurance policies. Upon the appropriate disclosure form as prescribed by the commissioner, each insurer shall provide, in easily understood language and in a uniform, clearly organized manner, as prescribed and required by the commissioner, the summary information about each disability insurance policy offered by the insurer as the commissioner finds is necessary to provide for full and fair disclosure of the provisions of the policy.\n(2) On and after January 1, 2014, a disability insurer offering health insurance coverage subject to Section 2715 of the federal Public Health Service Act (42 U.S.C. Sec. 300gg-15) shall satisfy the requirements of this section and the implementing regulations by providing the uniform summary of benefits and coverage required under Section 2715 of the federal Public Health Service Act and any rules or regulations issued thereunder. An insurer that issues the federal uniform summary of benefits referenced in this paragraph shall ensure that all applicable disclosures required in this chapter and its implementing regulations are met in other documents provided to policyholders and insureds. An insurer subject to this paragraph shall provide the uniform summary of benefits and coverage to the commissioner together with the corresponding health insurance policy pursuant to Section 10290.\n(3) Commencing October 1, 2016, the uniform summary of benefits and coverage referenced in this subdivision shall constitute a vital document for the purposes of Section 10133.8. Not later than July 1, 2016, the commissioner shall develop written translations of the template uniform summary of benefits and coverage for all language groups identified by the State Department of Health Care Services in all plan letters as of August 27, 2014, for translation services pursuant to Section 14029.91 of the Welfare and Institutions Code, except for any language group for which the United States Department of Labor has already prepared a written translation. Not later than July 1, 2016, the commissioner shall make available on its Internet Web site written translations of the template uniform summary of benefits and coverage developed by the commissioner, and written translations prepared by the United States Department of Labor, if available, for any language group to which this subparagraph applies.\n(b) Nothing in this section shall preclude the disclosure form from being included with the evidence of coverage or certificate of coverage or policy.\nSEC. 3.\nNo reimbursement is required by this act pursuant to Section 6 of Article XIII\u2009B 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\u2009B of the California Constitution.","title":""}
{"_id":"c364","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 6377.5 is added to the Revenue and Taxation Code, to read:\n6377.5.\n(a) On and after January 1, 2017,\nand before January 1, 2030,\nthere are exempted from the taxes imposed by this part\nthe\nboth of the following:\n(1) The\ngross receipts from the sale\nof, and the\nof hydrogen refueling station equipment to a qualified grant recipient.\n(2) The\nstorage, use, or other consumption in this state\nof,\nof\nhydrogen refueling station equipment\nto or\nby a qualified grant\nrecipient before January 1, 2030.\nrecipient.\n(b) As used in this section, the following definitions shall apply:\n(1) \u201cQualified grant recipient\u201d means a person who has received a grant pursuant to Section 44272 of the Health and Safety Code for the development of hydrogen refueling stations within this state.\n(2) \u201cHydrogen refueling station\u201d means any motor vehicle fueling station which provides hydrogen fuel, either exclusively or concurrently with other motor vehicle fuels, for use by fuel cell electric vehicles.\n(3) \u201cHydrogen refueling station equipment\u201d means any of the following:\n(A) Equipment, including, but not limited to, machinery, devices, contrivances, and component, repair, or replacement parts, whether purchased separately or in conjunction with a complete machine and regardless of whether the equipment or component parts are assembled by the grant recipient or another party, to be located at a hydrogen refueling station within this state and used exclusively for the distribution, dispensing, storage, or production of hydrogen fuel for fuel cell electric vehicles, including, but not limited to, pressurized storage, compression, pre-cooling, and pumping of hydrogen fuel.\n(B) Personal property that is software or software services, regardless of location, and computer, computer-type, or data processing hardware or hardware services, regardless of location, that is used exclusively for the distribution, dispensing, storage, or production of hydrogen fuel at a hydrogen refueling station for fuel cell electric vehicles.\n(C) Any other personal property required to operate, control, regulate, or maintain the hydrogen refueling station equipment set forth in subparagraph (A) or (B).\n(4) \u201cFuel cell\u201d means a device that directly or indirectly creates electricity through an electrochemical process using hydrogen, or hydrogen-rich, fuel and oxygen or another oxidizing agent.\nSEC. 2.\nSection 17053.55 is added to the Revenue and Taxation Code, to read:\n17053.55.\n(a) For the taxable years beginning on or after January 1, 2016, and before January 1, 2017, there shall be allowed to a qualified grant recipient a credit against the \u201cnet tax,\u201d as defined in Section 17039, for the taxable year, in an amount equal to the sum of sales tax reimbursements and use taxes previously paid during the period from January 1, 2014, to January 1, 2017, by the qualified grant recipient for hydrogen refueling station equipment.\n(b) For the purposes of this section, the terms \u201cqualified grant recipient\u201d and \u201chydrogen refueling station equipment\u201d have the same meanings as specified in Section 6377.5.\n(c) In the case of a pass-thru entity, a credit under this section shall be allowed to the pass-thru entity and passed through to the partners or shareholders in accordance with the applicable provisions of this part. As used in this subdivision, \u201cpass-thru entity\u201d means any partnership or \u201cS\u201d corporation.\n(d) If a credit otherwise allowed by this section exceeds the \u201cnet tax\u201d for the taxable year, that portion of the credit that exceeds the \u201cnet tax\u201d may be carried over and added to the credit in the succeeding taxable years, if necessary, until the credit is exhausted.\n(e) The Franchise Tax Board may prescribe rules, guidelines, or procedures necessary or appropriate to carry out the purposes of this section. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to any rule, guideline, or procedure prescribed by the Franchise Tax Board pursuant to this section.\n(f) Section 41 does not apply to the credit allowed by this section.\n(g) This section shall remain in effect only until December 1, 2017, and as of that date is repealed.\nSEC. 3.\nSection 23655 is added to the Revenue and Taxation Code, to read:\n23655.\n(a) For the taxable years beginning on or after January 1, 2016, and before January 1, 2017, there shall be allowed to a qualified grant recipient a credit against the \u201ctax,\u201d as defined in Section 23036, for the taxable year in an amount equal to the sum of sales tax reimbursements and use taxes previously paid during the period from January 1, 2014, to January 1, 2017, by the qualified grant recipient for hydrogen refueling station equipment.\n(b) For the purposes of this section, the terms \u201cqualified grant recipient\u201d and \u201chydrogen refueling station equipment\u201d have the same meanings as specified in Section 6377.5.\n(c) In the case of a pass-thru entity, a credit under this section shall be allowed to the pass-thru entity and passed through to the partners or shareholders in accordance with the applicable provisions of this part. As used in this subdivision, \u201cpass-thru entity\u201d means any partnership.\n(d) If a credit otherwise allowed by this section exceeds the \u201ctax\u201d for the taxable year, that portion of the credit that exceeds the \u201ctax\u201d may be carried over and added to the credit in the succeeding taxable years, if necessary, until the credit is exhausted.\n(e) The Franchise Tax Board may prescribe rules, guidelines, or procedures necessary or appropriate to carry out the purposes of this section. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to any rule, guideline, or procedure prescribed by the Franchise Tax Board pursuant to this section.\n(f) Section 41 does not apply to the credit allowed by this section.\n(g) This section shall remain in effect only until December 1, 2017, and as of that date is repealed.\nSEC. 4.\nNotwithstanding Section 2230 of the Revenue and Taxation Code, no appropriation is made by this act and the state shall not reimburse any local agency for any sales and use tax revenues lost by it under this act.\nSEC. 5.\nThis act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect.","title":""}
{"_id":"c43","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nChapter 2.55 (commencing with Section 1000.7) is added to Title 6 of Part 2 of the Penal Code, to read:\nCHAPTER  2.55. Deferred Entry of Judgment Pilot Program\n1000.7.\n(a) The following counties may establish a pilot program pursuant to this section to operate a deferred entry of judgment pilot program for eligible defendants described in subdivision (b):\n(1) County of Alameda.\n(2) County of Butte.\n(3) County of Napa.\n(4) County of Nevada.\n(5) County of Santa Clara.\n(b) A defendant may participate in a deferred entry of judgment pilot program within the county\u2019s juvenile hall if that person is charged with committing a felony offense, other than the offenses listed under subdivision (d), he or she pleads guilty to the charge or charges, and the probation department determines that the person meets all of the following requirements:\n(1) Is 18 years of age or older, but under 21 years of age on the date the offense was committed.\n(2) Is suitable for the program after evaluation using a risk assessment tool, as described in subdivision (c).\n(3) Shows the ability to benefit from services generally reserved for delinquents, including, but not limited to, cognitive behavioral therapy, other mental health services, and age-appropriate educational, vocational, and supervision services, that are currently deployed under the jurisdiction of the juvenile court.\n(4) Meets the rules of the juvenile hall developed in accordance with the applicable regulations set forth in Title 15 of the California Code of Regulations.\n(5) Does not have a prior or current conviction for committing an offense listed under subdivision (c) of Section 1192.7 or subdivision (c) of Section 667.5, or subdivision (b) of Section 707 of the Welfare and Institutions Code.\n(6) Is not required to register as a sex offender pursuant to Chapter 5.5 (commencing with Section 290) of Title 9 of Part 1.\n(c) The probation department, in consultation with the superior court, district attorney, and sheriff of the county or the governmental body charged with operating the county jail, shall develop an evaluation process using a risk assessment tool to determine eligibility for the program.\n(d) If the defendant is required to register as a sex offender pursuant to Chapter 5.5 (commencing with Section 290) of Title 9 of Part 1, or if he or she has been convicted of one or more of the following offenses, he or she is not eligible for the program:\n(1) An offense listed under subdivision (c) of Section 1192.7.\n(2) An offense listed under subdivision (c) of Section 667.5.\n(3) An offense listed under subdivision (b) of Section 707 of the Welfare and Institutions Code.\n(e) The court shall grant deferred entry of judgment if an eligible defendant consents to participate in the program, waives his or her right to a speedy trial or a speedy preliminary hearing, pleads guilty to the charge or charges, and waives time for the pronouncement of judgment.\n(f) (1) If the probation department determines that the defendant is not eligible for the deferred entry of judgment pilot program or the defendant does not consent to participate in the program, the proceedings shall continue as in any other case.\n(2) If it appears to the probation department that the defendant is performing unsatisfactorily in the program as a result of the commission of a new crime or the violation of any of the rules of the juvenile hall or that the defendant is not benefiting from the services in the program, the probation department may make a motion for entry of judgment. After notice to the defendant, the court shall hold a hearing to determine whether judgment should be entered. If the court finds that the defendant is performing unsatisfactorily in the program or that the defendant is not benefiting from the services in the program, the court shall render a finding of guilt to the charge or charges pleaded, enter judgment, and schedule a sentencing hearing as otherwise provided in this code, and the probation department, in consultation with the county sheriff, shall remove the defendant from the program and return him or her to custody in county jail. The mechanism of when and how the defendant is moved from custody in juvenile hall to custody in a county jail shall be determined by the local multidisciplinary team specified in paragraph (2) of subdivision (m).\n(3) If the defendant has performed satisfactorily during the period in which deferred entry of judgment was granted, at the end of that period, the court shall dismiss the criminal charge or charges.\n(g) A defendant shall serve no longer than one year in custody within a county\u2019s juvenile hall pursuant to the program.\n(h) The probation department shall develop a plan for reentry services, including, but not limited to, housing, employment, and education services, as a component of the program.\n(i) The probation department shall submit data relating to the effectiveness of the program to the Division of Recidivism Reduction and Re-Entry, within the Department of Justice, including recidivism rates for program participants as compared to recidivism rates for similar populations in the adult system within the county.\n(j) A defendant participating in the program pursuant to this section shall not come into contact with minors within the juvenile hall for any purpose, including, but not limited to, housing, recreation, or education.\n(k) Prior to establishing a pilot program pursuant to this section, the county shall apply to the Board of State and Community Corrections for approval of a county institution as a suitable place for confinement for the purpose of the pilot program. The board shall review and approve or deny the application of the county within 30 days of receiving notice of this proposed use. In its review, the board shall take into account the available programming, capacity, and safety of the institution as a place for the confinement and rehabilitation of individuals within the jurisdiction of the criminal court, and those within the jurisdiction of the juvenile court.\n(l) The Board of State and Community Corrections shall review a county\u2019s pilot program to ensure compliance with requirements of the federal Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. Sec. 5601 et seq.), as amended, relating to \u201csight and sound\u201d separation between juveniles and adult inmates.\n(m) (1) This section applies to a defendant who would otherwise serve time in custody in a county jail. Participation in a program pursuant to this section shall not be authorized as an alternative to a sentence involving community supervision.\n(2) Each county shall establish a multidisciplinary team that shall meet periodically to review and discuss the implementation, practices, and impact of the program. The team shall include representatives from the following:\n(A) Probation department.\n(B) The district attorney\u2019s office.\n(C) The public defender\u2019s office.\n(D) The sheriff\u2019s department.\n(E) Courts located in the county.\n(F) The county board of supervisors.\n(G) The county health and human services department.\n(H) A youth advocacy group.\n(n) (1) A county that establishes a pilot program pursuant to this section shall submit data regarding the pilot program to the Board of State and Community Corrections. The data submitted shall be used for the purposes of paragraph (2).\n(2) The board shall conduct an evaluation of the pilot program\u2019s impact and effectiveness. The evaluation shall include, but not be limited to, evaluating each pilot program\u2019s impact on sentencing and impact on opportunities for community supervision, monitoring the program\u2019s effect on minors in the juvenile facility, if any, and its effectiveness with respect to program participants, including outcome-related data for program participants compared to young adult offenders sentenced for comparable crimes.\n(3) Each evaluation shall be combined into a comprehensive report and submitted to the Assembly and Senate Committees on Public Safety.\n(4) The board may contract with an independent entity, including, but not limited to, the Regents of the University of California, for the purposes of carrying out the duties of the board pursuant to this subdivision.\n(o) This chapter shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.\nSEC. 2.\nThe 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 Counties of Alameda, Butte, Napa, Nevada, and Santa Clara. Recent research on the adolescent brain development has found that brain development continues well after an individual reaches 18 years of age. This bill would therefore allow for the criminal justice system to apply the most recent brain development research to its practices in these counties by allowing certain transitional age youth access to age-appropriate rehabilitative services available in the juvenile justice system when an assessment determines that the individual would benefit from the services, with the aim of reducing the likelihood of the youth continuing in the criminal justice system.","title":""}
{"_id":"c128","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 130246 is added to the Public Utilities Code, to read:\n130246.\nThe Riverside County Transportation Commission may enter into contracts with private vendors for the performance of the following services:\n(a) Enforcement of parking regulations adopted by the commission. Parking enforcement shall be performed in the manner provided in Article 3 (commencing with Section 40200) of Chapter 1 of Division 17 of the Vehicle Code.\n(b) Removal of vehicles parked in violation of a parking regulation adopted by the commission. Removal of vehicles shall be performed in the manner provided in Chapter 10 (commencing with Section 22650) of Division 11 of the Vehicle Code.\nSEC. 2.\nSection 21113 of the Vehicle Code is amended to read:\n21113.\n(a) (1) Except as provided in paragraph (2), a person shall not drive a vehicle or animal, or stop, park, or leave standing a vehicle or animal, whether attended or unattended, upon the driveways, paths, parking facilities, or the grounds of any of the following:\n(A) A public school, state university, state college, or an educational institution exempted, in whole or in part, from taxation.\n(B) A unit of the state park system.\n(C) A county park.\n(D) A municipal airport.\n(E) A rapid transit district, transit development board, transit district, public transportation agency, county transportation commission created pursuant to Section 130050 of the Public Utilities Code, or a joint powers agency operating or managing a commuter rail system.\n(F) Any property under the direct control of the legislative body of a municipality.\n(G) A state, county, or hospital district institution or building.\n(H) Any harbor improvement district or harbor district formed pursuant to Part 2 (commencing with Section 5800) or Part 3 (commencing with Section 6000) of Division 8 of the Harbors and Navigation Code.\n(I) A district organized pursuant to Part 3 (commencing with Section 27000) of Division 16 of the Streets and Highways Code.\n(J) State grounds served by the Department of the California Highway Patrol.\n(K) Any property under the possession or control of a housing authority formed pursuant to Article 2 (commencing with Section 34240) of Chapter 1 of Part 2 of Division 24 of the Health and Safety Code.\n(2) The activities described in paragraph (1) may be performed with the permission of, and upon and subject to any condition or regulation that may be imposed by, the legislative body of the municipality, or the governing board or officer of the public school, state university, state college, county park, municipal airport, rapid transit district, transit development board, transit district, public transportation agency, county transportation commission, joint powers agency operating or managing a commuter rail system, or state, county, or hospital district institution or building, or educational institution, or harbor district, or a district organized pursuant to Part 3 (commencing with Section 27000) of Division 16 of the Streets and Highways Code, or housing authority, or the Director of Parks and Recreation regarding units of the state park system or the state agency with jurisdiction over the grounds served by the Department of the California Highway Patrol.\n(b) A governing board, legislative body, or officer shall erect or place appropriate signs giving notice of any special conditions or regulations that are imposed under this section and the governing board, legislative body, or officer shall also prepare and keep available at the principal administrative office of the governing board, legislative body, or officer, for examination by all interested persons, a written statement of all those special conditions and regulations adopted pursuant to this section.\n(c) When a governing board, legislative body, or officer permits public traffic upon the driveways, paths, parking facilities, or grounds under their control then, except for those conditions imposed or regulations enacted by the governing board, legislative body, or officer applicable to the traffic, all the provisions of this code relating to traffic upon the highways shall be applicable to the traffic upon the driveways, paths, parking facilities, or grounds.\n(d) A public transportation agency that imposes any condition or regulation upon a person who parks or leaves standing a vehicle, pursuant to subdivision (a), is authorized to do either of the following:\n(1) Enforce that condition or regulation in the manner provided in Article 3 (commencing with Section 40200) of Chapter 1 of Division 17 of this code. The public transportation agency shall be considered the issuing agency for that purpose.\n(2) Designate regularly employed and salaried employees, who are engaged in directing traffic or enforcing parking laws and regulations, for the purpose of removing any vehicle in the same manner as a city, county, or jurisdiction of a state agency pursuant to Chapter 10 (commencing with Section 22650) of Division 11 of this code.\n(e) With respect to the permitted use of vehicles or animals on property under the direct control of the legislative body of a municipality, no change in the use of vehicles or animals on the property, that had been permitted on January 1, 1976, shall be effective unless and until the legislative body, at a meeting open to the general public, determines that the use of vehicles or animals on the property should be prohibited or regulated.\n(f) A transit development board may adopt ordinances, rules, or regulations to restrict, or specify the conditions for, the use of bicycles, motorized bicycles, electric bicycles, skateboards, electrically motorized boards, and roller skates on property under the control of, or any portion of property used by, the board.\n(g) A public agency, including, but not limited to, the Regents of the University of California and the Trustees of the California State University, may adopt rules or regulations to restrict, or specify the conditions for, the use of bicycles, motorized bicycles, electric bicycles, skateboards, electrically motorized boards, and roller skates on public property under the jurisdiction of that agency.\n(h) \u201cHousing authority,\u201d for the purposes of this section, means a housing authority located within a county with a population of over 6,000,000 people, and any other housing authority that complies with the requirements of this section.\n(i) \u201cPublic transportation agency,\u201d for purposes of this section, means a public agency that provides public transportation as defined in paragraph (1) of subdivision (f) of Section 1 of Article XIX\u2009A of the California Constitution or a county transportation commission created pursuant to Section 130050 of the Public Utilities Code.","title":""}
{"_id":"c444","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nThe Legislature finds and declares all of the following:\n(a) It is the intent of the Legislature to increase enrollment and graduation rates among students meeting the requirements of Assembly Bill 540 of the 2001\u201302 Regular Session (Firebaugh, Ch. 814) by requiring the designation of Dream Resource Liaisons and encouraging the creation of Dream Resource Centers at public institutions of higher education.\n(b) It is estimated that each year approximately 65,000 undocumented students graduate from high schools, and while California has been a leader in enacting innovative and bold laws to provide opportunities for undocumented youth to attain higher education, only 20 percent of these students attend college. Many undocumented youth and their families are unaware of recent policy changes, such as the enactment of Assembly Bill 540 of the 2001\u201302 Regular Session, the California Dream Act of 2011, and the federal Deferred Action for Childhood Arrivals (DACA), that make college graduation more attainable. Currently, the majority of college campuses do not have a centralized location that provides specialized support services and resources for students meeting the requirements of Assembly Bill 540 of the 2001\u201302 Regular Session.\n(c) The creation of Dream Resource Centers would save staff time and resources by streamlining all available financial aid and academic opportunities for students meeting the requirements of Assembly Bill 540 of the 2001\u201302 Regular Session. These Dream Resource Centers would seek to empower and create a safe and welcoming environment for those students. These centers would increase enrollment, transfer, and graduation rates among this population.\n(d) A number of college campuses have acknowledged the needs and challenges of these students and have created Dream Resource Centers. These include: the University of California, Los Angeles; the University of California, Davis; the California State University, Los Angeles; the California State University, Fullerton; and the California State University, Northridge. These centers provide, among other things, informational workshops, legal clinics, information on programs available to undocumented immigrants, and peer mentoring and support services to increase awareness of existing programs and available resources, enhance professional development, and increase employment opportunities.\nSEC. 2.\nSection 66021.8 is added to the Education Code, to read:\n66021.8.\n(a) Commencing with the 2017\u201318 academic year, the California Community Colleges and the California State University shall, and the University of California is requested to, designate a Dream Resource Liaison on each of their respective campuses, as specified in subdivision (b), to assist students meeting the requirements set forth in Section 68130.5 by streamlining access to all available financial aid and academic opportunities for those students.\n(b) (1) Each campus of the California Community Colleges shall ensure that it has a staff person designated as a Dream Resource Liaison who is knowledgeable in available financial aid, services, and academic opportunities for all students meeting the requirements set forth in Section 68130.5, including undocumented students. The Legislature encourages each of these campuses to place this designated staff person in the campus\u2019 extended opportunity programs and services office or financial aid office.\n(2) Each campus of the California State University shall ensure that it has a staff person designated as a Dream Resource Liaison who is knowledgeable in available financial aid, services, and academic opportunities for all students meeting the requirements set forth in Section 68130.5, including undocumented students. The Legislature encourages each of these campuses to place this designated staff person in the campus\u2019 educational opportunity programs office or financial aid office.\n(3) The University of California is encouraged to designate a Dream Resource Liaison on each of its campuses. That staff person should be knowledgeable in available financial aid, services, and academic opportunities for all students meeting the requirements set forth in Section 68130.5, including undocumented students. The Legislature encourages each of these campuses to place this designated staff person in the campus\u2019 educational opportunity programs office or financial aid office.\n(c) (1) The California Community Colleges, the California State University, and the University of California are encouraged to establish Dream Resource Centers on each of their respective campuses.\n(2) Dream Resource Centers may offer support services, including, but not necessarily limited to, state and institutional financial aid assistance, academic counseling, peer support services, psychological counseling, referral services, and legal services.\n(d) (1) This section shall not be construed as encouraging the construction of a new or separate space for Dream Resource Centers.\n(2) Dream Resource Centers may be housed within existing student service or academic centers.\n(3) The space in which the Dream Resource Liaison is located may be deemed a Dream Resource Center.\n(e) Notwithstanding Section 11005 of the Government Code and any other law requiring approval by a state officer of gifts, bequests, devises, or donations, the Trustees of the California State University, the Board of Governors of the California Community Colleges, and the Regents of the University of California may seek and accept on behalf of the state any gift, bequest, devise, or donation whenever the gift and the terms and conditions thereof will aid in the creation and operation of Dream Resource Centers for their respective systems.\n(f) 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.\nSEC. 3.\nIf 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.","title":""}
{"_id":"c53","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nChapter 7.7 (commencing with Section 11795) is added to Part 1 of Division 3 of Title 2 of the Government Code, to read:\nCHAPTER  7.7. Statewide Open Data Portal\n11795.\nFor purposes of this chapter, the following terms have the following meanings:\n(a) \u201cAgency\u201d means, but is not limited to, a state agency, authority, board, bureau, commission, council, department, division, or office.\n(b) \u201cData set\u201d means any information comprising a collection of information held in electronic form where all or most of the information in the collection has been obtained or recorded for the purpose of providing an agency with information in connection with the provision of a service by the agency or the carrying out of any other function of the agency, is factual information that is not the product of analysis or interpretation other than calculation, and remains presented in a way that has not been organized, adapted, or otherwise materially altered since it was obtained or recorded.\n(c) \u201cInventory\u201d means a summary listing of all available data sets within an agency. The listing shall include, but is not limited to, a descriptive title of the data set as well as a brief informative description of what information may be found within the data set.\n(d) \u201cOpen data roadmap\u201d means a strategic plan describing the process by which 100 percent of the data held by an agency will be made publicly available, subject to any state or federal law or regulation relating to privacy. The roadmap shall include, but is not limited to, an agency\u2019s data inventory, a proposed timeline for the release of data sets on a statewide or agency basis, and a methodology for compliance with any state or federal law or regulation relating to privacy.\n(e) \u201cStatewide open data portal\u201d means a centralized data Internet Web site, with the ability to display and export data published from\nstate\nagencies. For purposes of this chapter, data.ca.gov may be utilized as the statewide open data portal.\n11795.1.\n(a) There is in state government an executive officer known as the Chief Data Officer, who shall report to the Secretary of Government Operations.\n(b) On or before June 1, 2016, a Chief Data Officer shall be appointed by the Governor, subject to Senate confirmation.\n(c) (1) On or before October 1, 2016, the Chief Data Officer shall create an inventory of all available data in this state.\n(2) (A) On or before January 1, 2017, the Chief Data Officer shall, in cooperation with the Department of Technology, create a statewide open data portal that is accessible to the public. The Chief Data Officer may elect to utilize data.ca.gov to satisfy the requirements of this section.\n(B) The Chief Data Officer shall publish a listing of all data that may be provided to the public, subject to any state or federal privacy laws or regulations, including, but not limited to, privacy provisions in the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) and the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. Sec. 300gg).\n(C) The Chief Data Officer shall, after each agency assesses its data inventory, create a statewide open data roadmap and shall publish the open data roadmap on the statewide open data portal.\n(D) On or before June 1, 2017, the Chief Data Officer shall ensure that at least 150 data sets have been published on the statewide open data portal.\n(E) The statewide open data portal shall include a link to the Internet Web site of any agency that publishes its data on that site pursuant to subparagraph (B) of paragraph (3) of subdivision (f), including a link to any existing open data Internet Web site, including, but not limited to, https:\/\/bythenumbers.sco.ca.gov\/ and https:\/\/chhs.data.ca.gov\/.\n(F) The Chief Data Officer shall make the statewide open data portal available to any city, county, city and county, district, or other local agency interested in using the statewide open data portal to publish its own data. Any data published by a city, county, city and county, district, or other local agency shall comply with all state or federal privacy laws or regulations, including, but not limited to, privacy provisions in the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) and the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. Sec. 300gg).\n(3) Notwithstanding Section 10231.5, on or before January 1, 2018, and each year thereafter, the Chief Data Officer shall publish a progress report for open data within the state. The progress report shall include, but is not limited to, an assessment of outcomes from the implementation of this section, innovation of the statewide open data portal, whether there has been any cost savings as a result of implementation of this section, and an assessment of agency collaboration.\n(d) On or before January 1, 2017, in consultation with the Attorney General, the Chief Data Officer shall publish a set of guidelines for use by each agency. The guidelines shall include, but are not limited to, definitions and assessments of security, privacy, and legal concerns related to the creation of an inventory and publication of data.\n(e) On or before October 1, 2016, the Chief Data Officer shall create an open data working group. The open data working group shall consist of state agencies\u2019 data coordinators, appointed pursuant to paragraph (1) of subdivision (f), and shall be headed by the Chief Data Officer. The open data working group shall meet at least quarterly, and shall do, but is not limited to, all of the following:\n(1) Assess progress on the open data roadmap.\n(2) Discuss and recommend statewide policies and guidelines.\n(3) Share best practices across agencies.\n(4) Coordinate data sharing between agencies.\n(f) (1) On or before August 1, 2016, state agencies identified by the Chief Data Officer shall appoint a data coordinator who shall be responsible for compliance with this chapter. The data coordinator may appoint a data steward for each data set the agency intends to publish.\n(2) On or before October 1, 2016, each agency shall identify any data set within the agency and shall transmit the inventory to the Chief Data Officer in the form he or she prescribes.\n(3) (A) On or before November 1, 2016, each agency shall create a plan for publication of any inventory that may be published.\n(B) The agency shall publish its inventory on the statewide open data portal and may additionally publish its inventory on its own Internet Web site. If the agency chooses to publish the inventory on its own Internet Web site, the agency shall include on that site a link to the statewide open data\nportal site.\nportal.\n(C) Any inventory published by an agency shall comply with all state and federal privacy laws and regulations, including, but not limited to, privacy provisions in the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) and the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. Sec. 300gg).\n(g) Agencies are authorized to apply for and accept public, private, and not-for-profit funding for the purpose of developing, implementing, or managing the statewide open data portal infrastructure and software pursuant to this chapter. These funds shall be expended for this purpose upon appropriation by the Legislature.\n11795.2.\nThis chapter shall not affect the obligation of an agency to provide any notice or information to the public under any other law.","title":""}
{"_id":"c137","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 1363 of the Government Code is amended to read:\n1363.\n(a) Unless otherwise provided, every oath of office certified by the officer before whom it was taken shall be filed within the time required as follows:\n(1) The oath of all officers whose authority is not limited to any particular county, in the office of the Secretary of State.\n(2) The oath of all officers elected or appointed for any county, and, except as provided in paragraph (4), of all officers whose duties are local, or whose residence in any particular county is prescribed by law, in the office of the county clerk of their respective counties.\n(3) Each judge of a superior court, the county clerk, the clerk of the court, the executive officer or court administrator of the superior court, and the recorder shall file a copy of his or her official oath, signed with his or her own proper signature, in the office of the Secretary of State as soon as he or she has taken and subscribed his or her oath.\n(4) The oath of all officers for any independent special district, as defined in Section 56044, in the office of the clerk or secretary of that district.\n(b) (1) In its discretion, the board of supervisors of a county may require every elected or appointed officer or department head of that county who legally changes his or her name, delegated authority, or department, within 10 days from the date of the change, to file a new oath of office in the same manner as the original filing. The county may maintain a record of each person so required to file a new oath of office indicating whether or not the person has complied. Any record maintained pursuant to this paragraph is a public record subject to disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7).\n(2) Notwithstanding any other law, including, but not limited to, Sections 1368 and 1369, failure of an elected or appointed officer or department head of a county to file a new oath of office required by the board of supervisors pursuant to this subdivision shall not be punishable as a crime.\n(c) Every oath of office filed pursuant to this section with the Secretary of State shall include the expiration date of the officer\u2019s term of office, if any. In the case of an oath of office for an appointed officer, if there is no expiration date set forth in the oath, or the officer leaves office before the expiration date, the appointing authority shall report in writing to the Secretary of State the officer\u2019s date of departure from office.\n(d) The powers of an appointed officer of a county are no longer granted upon the officer\u2019s departure from office. In its discretion, the board of supervisors of a county may require the appointing authority to rescind these powers in writing by filing a revocation in the same manner as the oath of office was filed.\nSEC. 2.\nSection 3105 of the Government Code is amended to read:\n3105.\n(a) The oath or affirmation of any disaster service worker of the state shall be filed as prescribed by State Personnel Board rule within 30 days of the date on which it is taken and subscribed.\n(b) The oath or affirmation of any disaster service worker of any county shall be filed in the office of the county clerk of the county or in the official department personnel file of the county employee who is designated as a disaster service worker.\n(c) The oath or affirmation of any disaster service worker of any city shall be filed in the office of the city clerk of the city.\n(d) The oath or affirmation of any disaster service worker of any other public agency, including any district, shall be filed with any officer or employee of the agency that may be designated by the agency.\n(e) (1) In its discretion, the board of supervisors of a county may require every disaster service worker of that county who legally changes his or her name, within 10 days from the date of the change, to file a new oath or affirmation in the same manner as the original filing. The county may maintain a record of each person so required to file a new oath of office indicating whether or not the person has complied. Any record maintained pursuant to this paragraph is a public record subject to disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7).\n(2) Notwithstanding any other law, including, but not limited to, Sections 3108 and 3109, failure of a disaster service worker to file a new oath of office required by the board of supervisors pursuant to this subdivision shall not be punishable as a crime.\n(f) The oath or affirmation of any disaster service worker may be destroyed without duplication five years after the termination of the disaster service worker\u2019s service or, in the case of a public employee, five years after the termination of the employee\u2019s employment.\nSEC. 3.\nSection 24102 of the Government Code is amended to read:\n24102.\n(a) An appointee shall not act as deputy until:\n(1) A written appointment by the deputy\u2019s principal is filed with the county clerk.\n(2) A copy of the appointment is filed with the county auditor, if the auditor has so requested.\n(3) The deputy has taken the oath of office.\n(b) In its discretion, the board of supervisors of a county may require every appointed deputy of that county who legally changes his or her name, delegated authority, or department, within 10 days from the date of the change, to file a new appointment in the same manner as the original filing. The county may maintain a record of each person so required to file a new oath of office indicating whether or not the person has complied. Any record maintained pursuant to this subdivision is a public record subject to disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1).\n(c) A revocation of the appointment of any deputy shall be made and filed in the same manner as the appointment.\n(d) Five years after the date of revocation of appointment of a deputy, the written oath of office subscribed to by such deputy may be destroyed and no reproduction thereof need be made or preserved.\nSEC. 4.\nNo reimbursement is required by this act pursuant to Section 6 of Article XIII\u2009B 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\u2009B of the California Constitution.","title":""}
{"_id":"c474","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nThe Legislature finds that this bill is necessary because of the unique circumstances affecting members of entities authorized in Division 21 (commencing with Section 58001) and Division 22 (commencing with Section 63901) of the Food and Agricultural Code as a result of involvement in the production, processing, or handling of agricultural products.\nSEC. 2.\nSection 58853 is added to the Food and Agricultural Code, to read:\n58853.\n(a) Notwithstanding Section 11123 of the Government Code, all of the following shall apply to a meeting held by teleconference under this chapter by an advisory board:\n(1) A member of the advisory board participating by teleconference shall be listed in the minutes of the meeting and shall provide notice of his or her participation by teleconference at least 24 hours before the meeting.\n(2) The advisory board shall designate a primary physical meeting location where participants may physically attend the meeting and participate. At least one member of the advisory board shall be in attendance at the primary physical meeting location.\n(3) The teleconference phone number, and, if applicable, the Internet Web site or other information indicating how the public can access the meeting remotely, shall be included in the agenda, which shall be available to the public.\n(b) Nothing in this section shall exempt the advisory board from providing information regarding the physical location of an advisory board meeting or any teleconference participation information, including the identity of an advisory board member who might be participating by teleconference.\n(c) Prior to holding a meeting by teleconference pursuant to this section, the advisory board shall adopt teleconferencing guidelines to address issues that include, but are not limited to, cancellations as a result of technical difficulties, ensuring transparency, and public participation.\nSEC. 3.\nSection 63906 is added to the Food and Agricultural Code, to read:\n63906.\n(a) Notwithstanding Section 11123 of the Government Code, all of the following shall apply to a meeting held by teleconference under this division by a commission or council:\n(1) A member of the commission or council participating by teleconference shall be listed in the minutes of the meeting and shall provide notice of his or her participation by teleconference at least 24 hours before the meeting.\n(2) The commission or council shall designate a primary physical meeting location where participants may physically attend the meeting and participate. At least one member of the commission or council shall be in attendance at the primary physical meeting location.\n(3) The teleconference phone number, and, if applicable, the Internet Web site or other information indicating how the public can access the meeting remotely, shall be included in the agenda, which shall be available to the public.\n(b) Nothing in this section shall exempt the commission or council from providing information regarding the physical location of a commission or council meeting or any teleconference participation information, including the identity of a commission or council member who might be participating by teleconference.\n(c) Prior to holding a meeting by teleconference pursuant to this section, the commission or council shall adopt teleconferencing guidelines to address issues that include, but are not limited to, cancellations as a result of technical difficulties, ensuring transparency, and public participation.\nSEC. 4.\nSection 67039 of the Food and Agricultural Code is amended to read:\n67039.\n\u201cProducer\u201d or \u201cgrower\u201d means any person who is engaged within this state in the business of producing, or causing to be produced, avocados for market. \u201cProducer\u201d or \u201cgrower\u201d does not include any person who has an average annual production of less than 10,000 pounds of avocados in the three preceding marketing years.\nSEC. 5.\nSection 67051 of the Food and Agricultural Code is amended to read:\n67051.\n(a) There is in the state government the California Avocado Commission.\n(b) The commission shall be composed of the following members:\n(1) (A) If the commission consists of three districts, nine producers who are not handlers, three elected from each district.\n(B) If the commission consists of four districts, eight producers who are not handlers, two elected from each district.\n(C) If the commission consists of five districts, 10 producers who are not handlers, two elected from each district.\n(2) Two avocado handlers elected on a statewide basis.\n(3) One public member who shall be appointed to the commission by the secretary from nominees recommended by the commission.\n(4) The secretary who shall be a nonvoting ex officio member of the commission.\nSEC. 6.\nSection 67051.1 of the Food and Agricultural Code is repealed.\nSEC. 7.\nSection 67052 of the Food and Agricultural Code is amended to read:\n67052.\n(a) Each district shall have one alternate producer member, to be elected in the same manner as producer members.\n(b) The alternate producer member shall, in the absence of a producer member from the same district, sit in place of the absent producer member on the commission and shall have, and be able to exercise, all the rights, privileges, and powers of the producer member when sitting on the commission.\nSEC. 8.\nSection 67052.3 of the Food and Agricultural Code is amended to read:\n67052.3.\n(a) There shall be one alternate handler member to be elected in the same manner as the handler members.\n(b) The alternate handler member shall, in the absence of a handler member, sit in place of the absent handler member on the commission and shall have, and be able to exercise, all the rights, privileges, and powers of the handler member when sitting on the commission.\nSEC. 9.\nSection 67053 of the Food and Agricultural Code is amended to read:\n67053.\n(a) Any vacancy on the commission occurring by the failure of any person elected to the commission as a member or alternate member to continue in his or her position due to a change in status making him or her ineligible to serve, or through death, removal, or resignation, shall be filled, for the unexpired portion of the term, by a majority vote of the commission.\n(b) Any person filling a vacant member or alternate member position shall meet all the qualifications set forth in this article as required for the member whose office he or she is to fill.\nSEC. 10.\nSection 67054 of the Food and Agricultural Code is amended to read:\n67054.\n(a) Producer members and alternate producer members on the commission shall have a financial interest in producing, or causing to be produced, avocados for market. In order to be elected a member or alternate member, a producer shall, at the time of the election, have a financial interest in the production of avocados within the district in which the producer stands for election.\n(b) A producer may stand for election in any district in which the producer has a financial interest in the production of avocados.\n(c) Handler members and the alternate handler members shall have a financial interest in handling avocados for markets. To be nominated and elected, a handler or alternate handler shall handle no less than 1 percent of the total industry volume of avocados in the preceding marketing year. Any handler elected to the commission pursuant to this section shall be required to maintain his or her eligibility under this section during his or her entire term of office.\n(d) The public member shall not have any financial interest in the avocado industry. Except for the nomination of another public member, the public member and his or her alternate member on the commission shall have all the powers, rights, and privileges of any other member on the commission.\nSEC. 11.\nSection 67059 of the Food and Agricultural Code is amended to read:\n67059.\nUnless otherwise specified, a quorum of the commission shall be any nine voting members if the commission consists of three or four districts and any 10 voting members if the commission consists of five districts. The vote of a majority of members present at a meeting at which there is a quorum shall constitute the act of the commission.\nSEC. 12.\nSection 67081 of the Food and Agricultural Code is amended to read:\n67081.\n(a) The secretary shall establish a list of producers in each district. In establishing the lists, the secretary shall require that handlers in the state submit the names, mailing addresses, grove location, and handled volume of each producer from whom they purchased or handled avocados in the preceding marketing season. The request for information from handlers shall be in writing and shall be filed by the handlers within 60 days following receipt of the written request.\n(b) Any producer of avocados whose name does not appear upon the secretary\u2019s list of producers may have his or her name established on the list by filing with the commission a signed statement, identifying himself or herself as a producer. Failure to be on the list does not exempt the producer from paying assessments under this chapter.\nSEC. 13.\nSection 67132 of the Food and Agricultural Code is amended to read:\n67132.\nUpon the finding of nine voting members of the commission if the commission consists of three or four districts, or of 10 voting members of the commission if the commission consists of five districts, that this chapter has not tended to effectuate its declared purposes, the commission may recommend to the secretary that the operations of the commission shall be suspended, provided that the suspension shall not become effective until the expiration of the current marketing season. The secretary shall, upon receipt of the recommendation, or upon a petition filed with him or her requesting the suspension, signed by 15 percent of the producers by number who produced not less than 15 percent of the volume in the immediately preceding year, cause a referendum to be conducted among the listed producers to determine if the operation of this chapter and the operations of the commission shall be suspended, and shall establish a referendum period, which shall not be less than 10 days nor more than 60 days in duration. The secretary is authorized to prescribe any additional procedure necessary to conduct the referendum. At the close of the established referendum period, the secretary shall tabulate the ballots filed during the period. If at least 40 percent of the total number of producers, on a list established by the secretary marketing 40 percent of the total volume marketed by all producers during the last completed marketing season, participate in the referendum, the secretary shall suspend this chapter upon the expiration of the current marketing season, if he or she finds either one of the following:\n(a) Sixty-five percent or more of the producers who voted in the referendum voted in favor of the suspension, and the producers so voting marketed 51 percent or more of the total quantity of avocados marketed in the preceding marketing season by all of the producers who voted in the referendum.\n(b) Fifty-one percent or more of the producers who voted in the referendum voted in favor of suspension, and the producers so voting marketed 65 percent or more of the total quantity of avocados marketed in the preceding season by all of the producers who voted in the referendum.\nSEC. 14.\nThe Legislature finds and declares that Sections 2 and 3 of this act, which add Sections 58853 and 63906 to the Food and Agricultural Code, impose a limitation on the public\u2019s 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 these limitations and the need for protecting that interest:\nIn order for food and agriculture marketing order advisory boards and agricultural and seafood industry councils and commissions to hold meetings and make timely decisions, it is in the state\u2019s interest to revise the requirements for teleconferences for these boards, councils, and commissions in order to encourage participation by directors. Many of these directors are located in remote locations in the state that are difficult for the public to access and the directors may need to participate from a nonstationary location.","title":""}
{"_id":"c491","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nThis act shall be known, and may be cited, as the California Heritage Protection Act.\nSEC. 2.\nThe Legislature finds and declares all of the following:\n(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.\n(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.\n(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.\n(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.\n(e) The Wawona Hotel is a complex of seven buildings in the southwest corner of Yosemite National Park. The first building, then named \u201cLong White,\u201d 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.\n(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\u2019s fitness to serve as a steward of the state\u2019s cherished cultural heritage and places.\n(g) An agreement entered into by any California state agency that compromises the interests of Californians is \u201cultra vires\u201d and therefore beyond that agency\u2019s legal authority to enter.\n(h) It is important that the Legislature clarify that an awarded concession contract within California\u2019s 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.\nSEC. 3.\nSection 5080.05 of the Public Resources Code is amended to read:\n5080.05.\n(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.\n(b) \u201cBest responsible bidder\u201d 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\u2019s 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.\nSEC. 4.\nSection 5080.18 of the Public Resources Code is amended to read:\n5080.18.\nA concession contract entered into pursuant to this article shall contain, but is not limited to, all of the following provisions:\n(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.\n(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.\n(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.\n(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.\n(c) Every concession shall be subject to audit by the department.\n(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.\n(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.\n(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.\n(g) To be effective, any modification of the concession contract shall be evidenced in writing.\n(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.\n(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.\n(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\u2019s attorney fees, costs, and expenses associated with that opposition or cancellation.\nSEC. 4.5.\nSection 5080.18 of the Public Resources Code is amended to read:\n5080.18.\nA concession contract entered into pursuant to this article shall contain, but is not limited to, all of the following provisions:\n(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.\n(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.\n(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.\n(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.\n(c) Every concession shall be subject to audit by the department.\n(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.\n(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.\n(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.\n(g) To be effective, any modification of the concession contract shall be evidenced in writing.\n(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.\n(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.\n(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\u2019s attorney fees, costs, and expenses associated with that opposition or cancellation.\nSEC. 5.\nSection 5080.22 is added to the Public Resources Code, to read:\n5080.22.\n(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.\n(2) This subdivision does not constitute a change in, but is declaratory of, existing law.\n(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:\n(1) The bidder has made a legal claim or assertion to have a trademark or service mark interest in violation of subdivision (a).\n(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.\n(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.\n(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.\n(e) This section shall not be construed to impact a contracting party\u2019s valid trademark or service mark rights that were held before the concession contract was awarded.\nSEC. 6.\nSection 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.","title":""}
{"_id":"c191","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 186.2 of the Penal Code is amended to read:\n186.2.\nFor purposes of this chapter, the following definitions apply:\n(a) \u201cCriminal profiteering activity\u201d means any act committed or attempted or any threat made for financial gain or advantage, which act or threat may be charged as a crime under any of the following sections:\n(1) Arson, as defined in Section 451.\n(2) Bribery, as defined in Sections 67, 67.5, and 68.\n(3) Child pornography or exploitation, as defined in subdivision (b) of Section 311.2, or Section 311.3 or 311.4, which may be prosecuted as a felony.\n(4) Felonious assault, as defined in Section 245.\n(5) Embezzlement, as defined in Sections 424 and 503.\n(6) Extortion, as defined in Section 518.\n(7) Forgery, as defined in Section 470.\n(8) Gambling, as defined in Sections 337a to 337f, inclusive, and Section 337i, except the activities of a person who participates solely as an individual bettor.\n(9) Kidnapping, as defined in Section 207.\n(10) Mayhem, as defined in Section 203.\n(11) Murder, as defined in Section 187.\n(12) Pimping and pandering, as defined in Section 266.\n(13) Receiving stolen property, as defined in Section 496.\n(14) Robbery, as defined in Section 211.\n(15) Solicitation of crimes, as defined in Section 653f.\n(16) Grand theft, as defined in Section 487 or subdivision (a) of Section 487a.\n(17) Trafficking in controlled substances, as defined in Sections 11351, 11352, and 11353 of the Health and Safety Code.\n(18) Violation of the laws governing corporate securities, as defined in Section 25541 of the Corporations Code.\n(19) Offenses contained in Chapter 7.5 (commencing with Section 311) of Title 9, relating to obscene matter, or in Chapter 7.6 (commencing with Section 313) of Title 9, relating to harmful matter that may be prosecuted as a felony.\n(20) Presentation of a false or fraudulent claim, as defined in Section 550.\n(21) False or fraudulent activities, schemes, or artifices, as described in Section 14107 of the Welfare and Institutions Code.\n(22) Money laundering, as defined in Section 186.10.\n(23) Offenses relating to the counterfeit of a registered mark, as specified in Section 350, or offenses relating to piracy, as specified in Section 653w.\n(24) Offenses relating to the unauthorized access to computers, computer systems, and computer data, as specified in Section 502.\n(25) Conspiracy to commit any of the crimes listed above, as defined in Section 182.\n(26) Subdivision (a) of Section 186.22, or a felony subject to enhancement as specified in subdivision (b) of Section 186.22.\n(27) Offenses related to fraud or theft against the state\u2019s beverage container recycling program, including, but not limited to, those offenses specified in this subdivision and those criminal offenses specified in the California Beverage Container Recycling and Litter Reduction Act, commencing at Section 14500 of the Public Resources Code.\n(28) Human trafficking, as defined in Section 236.1.\n(29) Any crime in which the perpetrator induces, encourages, or persuades a person under 18 years of age to engage in a commercial sex act. For purposes of this paragraph, a commercial sex act means any sexual conduct on account of which anything of value is given or received by any person.\n(30) Any crime in which the perpetrator, through force, fear, coercion, deceit, violence, duress, menace, or threat of unlawful injury to the victim or to another person, causes a person under 18 years of age to engage in a commercial sex act. For purposes of this paragraph, a commercial sex act means any sexual conduct on account of which anything of value is given or received by any person.\n(31) Theft of personal identifying information, as defined in Section 530.5.\n(32) Offenses involving the theft of a motor vehicle, as specified in Section 10851 of the Vehicle Code.\n(33) Abduction or procurement by fraudulent inducement for prostitution, as defined in Section 266a.\n(34) Offenses relating to insurance fraud, as specified in Sections 2106, 2108, 2109, 2110, 2110.3, 2110.5, 2110.7, and 2117 of the Unemployment Insurance Code.\n(b) (1) \u201cPattern of criminal profiteering activity\u201d means engaging in at least two incidents of criminal profiteering, as defined by this chapter, that meet the following requirements:\n(A) Have the same or a similar purpose, result, principals, victims, or methods of commission, or are otherwise interrelated by distinguishing characteristics.\n(B) Are not isolated events.\n(C) Were committed as a criminal activity of organized crime.\n(2) Acts that would constitute a \u201cpattern of criminal profiteering activity\u201d may not be used by a prosecuting agency to seek the remedies provided by this chapter unless the underlying offense occurred after the effective date of this chapter and the prior act occurred within 10 years, excluding any period of imprisonment, of the commission of the underlying offense. A prior act may not be used by a prosecuting agency to seek remedies provided by this chapter if a prosecution for that act resulted in an acquittal.\n(c) \u201cProsecuting agency\u201d means the Attorney General or the district attorney of any county.\n(d) \u201cOrganized crime\u201d means crime that is of a conspiratorial nature and that is either of an organized nature and seeks to supply illegal goods or services such as narcotics, prostitution, pimping and pandering, loan-sharking, counterfeiting of a registered mark in violation of Section 350, the piracy of a recording or audiovisual work in violation of Section 653w, gambling, and pornography, or that, through planning and coordination of individual efforts, seeks to conduct the illegal activities of arson for profit, hijacking, insurance fraud, smuggling, operating vehicle theft rings, fraud against the beverage container recycling program, embezzlement, securities fraud, insurance fraud in violation of the provisions listed in paragraph 34 of subdivision (a), grand theft, money laundering, forgery, or systematically encumbering the assets of a business for the purpose of defrauding creditors. \u201cOrganized crime\u201d also means crime committed by a criminal street gang, as defined in subdivision (f) of Section 186.22. \u201cOrganized crime\u201d also means false or fraudulent activities, schemes, or artifices, as described in Section 14107 of the Welfare and Institutions Code, and the theft of personal identifying information, as defined in Section 530.5.\n(e) \u201cUnderlying offense\u201d means an offense enumerated in subdivision (a) for which the defendant is being prosecuted.\nSEC. 2.\nSection 6007 of the Revenue and Taxation Code is amended to read:\n6007.\n(a) (1) A \u201cretail sale\u201d or \u201csale at retail\u201d means a sale for a purpose other than resale in the regular course of business in the form of tangible personal property.\n(2) When tangible personal property is delivered by an owner or former owner thereof, or by a factor or agent of that owner, former owner, or factor to a consumer or to a person for redelivery to a consumer, pursuant to a retail sale made by a retailer not engaged in business in this state, the person making the delivery shall be deemed the retailer of that property. He or she shall include the retail selling price of the property in his or her gross receipts or sales price.\n(b) (1) Notwithstanding subdivision (a), a \u201cretail sale\u201d or \u201csale at retail\u201d shall include a sale by a convicted seller of tangible personal property with a counterfeit mark, a counterfeit label, or an illicit label on that property, or in connection with that sale, regardless of whether the sale is for resale in the regular course of business.\n(2) For purposes of this subdivision, all of the following shall apply:\n(A) A \u201cconvicted seller\u201d means a person convicted of a counterfeiting offense, including, but not limited to, a violation under Section 350 or 653w of the Penal Code or Section 2318, 2319, or 2320 of Title 18 of the United States Code on or after the date of sale.\n(B) \u201cCounterfeit mark\u201d has the same meaning as that term is defined in Section 2320 of Title 18 of the United States Code.\n(C) \u201cCounterfeit label\u201d has the same meaning as that term is defined in Section 2318 of Title 18 of the United States Code.\n(D) \u201cIllicit label\u201d has the same meaning as that term is defined in Section 2318 of Title 18 of the United States Code.\n(E) Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of, and Article 1 (commencing with Section 17500) of Chapter 1 of Part 3 of Division 7 of, the Business and Professions Code, and Title 1.5 (commencing with Section 1750) of Part 4 of Division 3 of the Civil Code shall not apply to any person other than a convicted seller.\n(F) Notwithstanding Article 2 (commencing with Section 6481) of Chapter 5, any notice of deficiency determination to a convicted seller shall be mailed within one year after the last day of the calendar month following the date of conviction.\nSEC. 3.\nSection 6009.2 of the Revenue and Taxation Code is amended to read:\n6009.2.\n(a) Notwithstanding Sections 6008, 6009, and 6009.1, \u201cstorage\u201d and \u201cuse\u201d each shall include a purchase by a convicted purchaser of tangible personal property with a counterfeit mark, a counterfeit label, or an illicit label on that property, or in connection with that purchase, regardless of whether the purchase is for resale in the regular course of business.\n(b) \u201cConvicted purchaser\u201d means a person convicted of a counterfeiting offense, including, but not limited to, a violation under Section 350 or 653w of the Penal Code or Section 2318, 2319, or 2320 of Title 18 of the United States Code on or after the date of purchase.\n(c) For purposes of this section, Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of, and Article 1 (commencing with Section 17500) of Chapter 1 of Part 3 of Division 7 of, the Business and Professions Code, and Title 1.5 (commencing with Section 1750) of Part 4 of Division 3 of the Civil Code shall not apply to any person other than a convicted seller.\n(d) \u201cCounterfeit mark\u201d has the same meaning as that term is defined in Section 2320 of Title 18 of the United States Code.\n(e) \u201cCounterfeit label\u201d has the same meaning as that term is defined in Section 2318 of Title 18 of the United States Code.\n(f) \u201cIllicit label\u201d has the same meaning as that term is defined in Section 2318 of Title 18 of the United States Code.\n(g) Notwithstanding Article 2 (commencing with Section 6481) of Chapter 5, any notice of deficiency determination to a convicted purchaser shall be mailed within one year after the last day of the calendar month following the date of conviction.\nSEC. 4.\nIf 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.","title":""}
{"_id":"c248","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 261 of the Penal Code is amended to read:\n261.\n(a) Rape is an act of sexual intercourse accomplished with a person not the spouse of the perpetrator, under any of the following circumstances:\n(1) Where a person is incapable, because of a mental disorder or developmental or physical disability, of giving legal consent, and this is known or reasonably should be known to the person committing the act. Notwithstanding the existence of a conservatorship pursuant to the provisions of the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code), the prosecuting attorney shall prove, as an element of the crime, that a mental disorder or developmental or physical disability rendered the alleged victim incapable of giving consent.\n(2) Where it is accomplished against a person\u2019s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the person or another.\n(3) Where a person is\nprevented from resisting\nincapable of giving consent\nby any intoxicating or anesthetic substance, or any controlled substance, and this condition was known, or reasonably should have been known by the accused.\n(4) Where a person is at the time unconscious of the nature of the act, and this is known to the accused. As used in this paragraph, \u201cunconscious of the nature of the act\u201d means incapable of\nresisting\ngiving consent\nbecause the victim meets any one of the following conditions:\n(A) Was unconscious or asleep.\n(B) Was not aware, knowing, perceiving, or cognizant that the act occurred.\n(C) Was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due to the perpetrator\u2019s fraud in fact.\n(D) Was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due to the perpetrator\u2019s fraudulent representation that the sexual penetration served a professional purpose when it served no professional purpose.\n(5) Where a person submits under the belief that the person committing the act is someone known to the victim other than the accused, and this belief is induced by any artifice, pretense, or concealment practiced by the accused, with intent to induce the belief.\n(6) Where the act is accomplished against the victim\u2019s will by threatening to retaliate in the future against the victim or any other person, and there is a reasonable possibility that the perpetrator will execute the threat. As used in this paragraph, \u201cthreatening to retaliate\u201d means a threat to kidnap or falsely imprison, or to inflict extreme pain, serious bodily injury, or death.\n(7) Where the act is accomplished against the victim\u2019s will by threatening to use the authority of a public official to incarcerate, arrest, or deport the victim or another, and the victim has a reasonable belief that the perpetrator is a public official. As used in this paragraph, \u201cpublic official\u201d means a person employed by a governmental agency who has the authority, as part of that position, to incarcerate, arrest, or deport another. The perpetrator does not actually have to be a public official.\n(b) As used in this section, \u201cduress\u201d means a direct or implied threat of force, violence, danger, or retribution sufficient to coerce a reasonable person of ordinary susceptibilities to perform an act which otherwise would not have been performed, or acquiesce in an act to which one otherwise would not have submitted. The total circumstances, including the age of the victim, and his or her relationship to the defendant, are factors to consider in appraising the existence of duress.\n(c) As used in this section, \u201cmenace\u201d means any threat, declaration, or act which shows an intention to inflict an injury upon another.\nSEC. 2.\nSection 262 of the Penal Code is amended to read:\n262.\n(a) Rape of a person who is the spouse of the perpetrator is an act of sexual intercourse accomplished under any of the following circumstances:\n(1) Where it is accomplished against a person\u2019s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the person or another.\n(2) Where a person is\nprevented from resisting\nincapable of giving consent\nby any intoxicating or anesthetic substance, or any controlled substance, and this condition was known, or reasonably should have been known, by the accused.\n(3) Where a person is at the time unconscious of the nature of the act, and this is known to the accused. As used in this paragraph, \u201cunconscious of the nature of the act\u201d means incapable of\nresisting\ngiving consent\nbecause the victim meets one of the following conditions:\n(A) Was unconscious or asleep.\n(B) Was not aware, knowing, perceiving, or cognizant that the act occurred.\n(C) Was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due to the perpetrator\u2019s fraud in fact.\n(4) Where the act is accomplished against the victim\u2019s will by threatening to retaliate in the future against the victim or any other person, and there is a reasonable possibility that the perpetrator will execute the threat. As used in this paragraph, \u201cthreatening to retaliate\u201d means a threat to kidnap or falsely imprison, or to inflict extreme pain, serious bodily injury, or death.\n(5) Where the act is accomplished against the victim\u2019s will by threatening to use the authority of a public official to incarcerate, arrest, or deport the victim or another, and the victim has a reasonable belief that the perpetrator is a public official. As used in this paragraph, \u201cpublic official\u201d means a person employed by a governmental agency who has the authority, as part of that position, to incarcerate, arrest, or deport another. The perpetrator does not actually have to be a public official.\n(b) As used in this section, \u201cduress\u201d means a direct or implied threat of force, violence, danger, or retribution sufficient to coerce a reasonable person of ordinary susceptibilities to perform an act which otherwise would not have been performed, or acquiesce in an act to which one otherwise would not have submitted. The total circumstances, including the age of the victim, and his or her relationship to the defendant, are factors to consider in apprising the existence of duress.\n(c) As used in this section, \u201cmenace\u201d means any threat, declaration, or act that shows an intention to inflict an injury upon another.\n(d) If probation is granted upon conviction of a violation of this section, the conditions of probation may include, in lieu of a fine, one or both of the following requirements:\n(1) That the defendant make payments to a battered women\u2019s shelter, up to a maximum of one thousand dollars ($1,000).\n(2) That the defendant reimburse the victim for reasonable costs of counseling and other reasonable expenses that the court finds are the direct result of the defendant\u2019s offense.\nFor any order to pay a fine, make payments to a battered women\u2019s shelter, or pay restitution as a condition of probation under this subdivision, the court shall make a determination of the defendant\u2019s ability to pay. In no event shall any order to make payments to a battered women\u2019s shelter be made if it would impair the ability of the defendant to pay direct restitution to the victim or court-ordered child support. Where 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 this section, the community property may 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 section, until all separate property of the offending spouse is exhausted.\nSEC. 3.\nNo reimbursement is required by this act pursuant to Section 6 of Article XIII\u2009B 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\u2009B of the California Constitution.","title":""}
{"_id":"c473","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nThe Legislature finds and declares the following:\n(a) The State of California has officially recognized the Armenian Genocide each year for decades and has repeatedly urged the Republic of Turkey to acknowledge the facts of the Armenian Genocide and work toward a just resolution, honor its obligations under international treaties and human rights laws, to end all forms of religious discrimination and persecution, and to return Christian church properties to their rightful owners.\n(b) Genocide is defined by the United Nations as an act \u201ccommitted with intent to destroy, in whole or in part, a national, ethnical, racial or religious group\u201d.\n(c) Genocide denial is widely viewed as among the final stages of genocide and serves to perpetuate the effects of genocide even after the active phases of extermination, massacres, forced marches, and deportation has ended.\n(d) The government of Turkey has engaged and continues to engage in an ongoing campaign of genocide denial and historical revisionism by refusing to acknowledge its responsibility for the Armenian Genocide, refusing to compensate its victims, and actively pursuing a well-funded political lobbying campaign throughout the United States, including in California, to rewrite history and defeat legislation recognizing the Armenian Genocide.\n(e) The government of Turkey has engaged and continues to engage in efforts to effect Armenian cultural erasure since the founding of the Republic of Turkey, including, but not limited to, ethnic cleansings and the destruction of sacred Armenian religious sites.\n(f) Reference in Turkey by any scholar, journalist, or other person to the massacre and deportation of Armenians in 1915 to 1923, inclusive, as genocide can be criminally prosecuted under Article 301 of the Turkish Penal Code.\n(g) The State of California is home to the largest Armenian-American population in the United States, and Armenians living in California, most of whom are direct descendants of the survivors of the Armenian Genocide, have enriched our state through their leadership and contributions in business, agriculture, academia, government, and the arts, yet continue to suffer the effects of the continued denial campaign by the government of Turkey.\n(h) The State of California, as the world\u2019s eighth largest economy, and in accordance with principles of human rights and justice, has taken the lead in adopting legislation to divest from South Africa for its policy of apartheid, Sudan for its genocide in Darfur, and Iran for its support of international terrorism, imposing economic consequences upon regimes that engage in conduct and policy that violate human rights or constitute crimes against humanity.\n(i) The State of California, through its Public Employees\u2019 Retirement System (PERS) and its State Teachers\u2019 Retirement System (STRS), directly invests public funds in the government of Turkey, which then reaps profits while actively denying the Armenian Genocide, funding its continued campaign of denial, at least in part, through these investments in its economy.\n(j) By investing public funds in the government of Turkey, the State of California as the embodiment of its citizens contradicts its longstanding, just position of recognizing the Armenian Genocide and urging the government of Turkey to acknowledge its responsibility and work toward a just resolution by honoring its obligations under international treaties and human rights laws, to end all forms of religious discrimination and persecution, and to return Christian church properties to their rightful owners.\n(k) It is the government of Turkey, not the people of Turkey, that is responsible for Turkey\u2019s continued egregious violations of human rights and active pursuit of genocide denial, cultural erasure, and historical revisionism.\n(l) PERS currently has investment holdings in bonds directly issued by the Republic of Turkey in excess of $185,000,000.\n(m) STRS currently has investment holdings in bonds directly issued by the Republic of Turkey in excess of several hundred million dollars.\n(n) Investment in the Republic of Turkey enables its government to continue to deny justice to the Armenian people.\n(o) Divesting these funds would ensure that the State of California is in no way complicit in the continued denial of the Armenian Genocide by the government of Turkey and would encourage said government to acknowledge the Armenian Genocide and to reach a fair and just resolution of reparations for the survivors of the Armenian Genocide.\nSEC. 2.\nSection 7513.75 is added to the Government Code, to read:\n7513.75.\n(a) As used in this section, the following terms have the following meanings:\n(1) \u201cBoard\u201d means the Board of Administration of the Public Employees\u2019 Retirement System or the Teachers\u2019 Retirement Board of the State Teachers\u2019 Retirement System, as applicable.\n(2) \u201cGovernment of Turkey\u201d means the government of Turkey or its instrumentalities or political subdivisions. \u201cGovernment of Turkey\u201d also includes any and all investment vehicles, government bonds, or financial institutions and entities that are owned, controlled, or operated by the government of Turkey.\n(3) \u201cTurkey\u201d means the Republic of Turkey or any territory under the administration or control of Turkey.\n(4)  \u201cPublic employee retirement funds\u201d means the Public Employees\u2019 Retirement Fund described in Section 20062 and the Teachers\u2019 Retirement Fund described in Section 22167 of the Education Code.\n(b) The board shall not invest public employee retirement funds in any investment vehicle in Turkey that meets either of the following criteria:\n(1) The investment vehicle is issued by the government of Turkey.\n(2) The investment vehicle is owned, controlled, or managed by the government of Turkey.\n(c) On or before June 30, 2016, the board shall determine which Turkish investment vehicles are subject to divestment.\n(d) After the determination described in subdivision (c), the board shall determine, by the next applicable board meeting, if a Turkish investment vehicle meets the criteria described in subdivision (b). If the board plans to invest or has investments in a company that meets the criteria described in subdivision (b), that planned or existing investment shall be subject to subdivisions (g) and (h).\n(e) Investments of the board in an investment vehicle that does not meet the criteria described in subdivision (b) are not subject to subdivision (h) if the company does not subsequently meet the criteria described in subdivision (b). The board shall identify the reasons why that investment vehicle does not satisfy the criteria described in subdivision (b) in the report to the Legislature described in subdivision (i).\n(f) (1) Notwithstanding subdivisions (d) and (e), if the board\u2019s investment in a company described in subdivision (b) is limited to investment via an externally and actively managed commingled fund, the board shall contact that fund manager in writing and request that the fund manager remove that investment vehicle from the fund as described in subdivision (h). On or before June 30, 2016, if the fund or account manager creates a fund or account devoid of investment vehicles described in subdivision (b), the transfer of board investments from the prior fund or account to the fund or account devoid of the investment vehicles shall be deemed to satisfy subdivision (h).\n(2) If the board\u2019s investment in an investment vehicle described in subdivision (b) is limited to an alternative fund or account, the alternative fund or account manager creates an actively managed commingled fund that excludes investment vehicles described in subdivision (b), and the new fund or account is deemed to be financially equivalent to the existing fund or account, the transfer of board investments from the existing fund or account to the new fund or account shall be deemed to satisfy subdivision (h). If the board determines that the new fund or account is not financially equivalent to the existing fund, the board shall include the reasons for that determination in the report described in subdivision (i).\n(3) The board shall make a good faith effort to identify any private equity investments that involve investment vehicles described in subdivision (b), or are linked to the government of Turkey. If the board determines that a private equity investment clearly involves an investment vehicle described in subdivision (b), or is linked to the government of Turkey, the board shall consider, at its discretion, if those private equity investments shall be subject to subdivision (h). If the board determines that a private equity investment clearly involves a company described in subdivision (b), or is linked to the government of Turkey and the board does not take action as described in subdivision (h), the board shall include the reasons for its decision in the report described in subdivision (i).\n(g) Except as described in subdivisions (e) and (f), the board, in the board\u2019s capacity of shareholder or investor, shall notify any investment vehicle described in subdivision (d) that the investment vehicle is subject to subdivision (h) and permit that investment vehicle to respond to the board. The board shall request that the investment vehicle take substantial action to disassociate itself from the government of Turkey no later than 90 days from the date the board notified the investment vehicle under this subdivision. If the board determines that an investment vehicle has taken substantial action or has made sufficient progress toward substantial action before the expiration of that 90-day period, that investment vehicle shall not be subject to subdivision (h). The board shall, at intervals not to exceed 90 days, continue to monitor and review the progress of the investment vehicle until that investment vehicle has taken substantial action in Turkey. An investment vehicle that fails to complete substantial action within one year from the date of the initial notice by the board shall be subject to subdivision (h).\n(h) If an investment vehicle described in subdivision (d) fails to complete substantial action by the time described in subdivision (g), the board shall take the following actions:\n(1) The board shall not make additional or new investments or renew existing investments in that investment vehicle.\n(2) The board shall liquidate the investments of the board in that investment vehicle no later than 18 months after this subdivision applies to that investment vehicle. The board shall liquidate those investments in a manner to address the need for investment vehicles to take substantial action in Turkey and consistent with the board\u2019s fiduciary responsibilities as described in Section 17 of Article XVI of the California Constitution.\n(i) On or before January 1, 2017, and every year thereafter, the board shall file a report with the Legislature. The report shall describe the following:\n(1) A list of investments the board has in investment vehicles that satisfy the criteria in subdivision (b), including, but not limited to, the issuer, by name, of the stock, bonds, securities, and other evidence of indebtedness.\n(2) A detailed summary of the association between an investment vehicle described in paragraph (1) and the government of Turkey.\n(3) Whether the board has reduced its investments in an investment vehicle that satisfies the criteria in subdivision (b).\n(4)  If the board has not completely reduced its investments in an investment vehicle that satisfies the criteria in subdivision (b), when the board anticipates that the board will reduce all investments in that investment vehicle or the reasons why a sale or transfer of investments is inconsistent with the fiduciary responsibilities of the board as described in Section 17 of Article XVI of the California Constitution.\n(5) Any information described in subdivisions (d) and (e).\n(6) A detailed summary of investments that were transferred to funds or accounts devoid of Turkish investment vehicles as described in subdivision (f).\n(7) An annual calculation of any costs or investment losses or other financial results incurred in compliance with the provisions of this section.\n(j) If the board voluntarily sells or transfers all of its investments in a Turkish investment vehicle in accordance with this section, this section shall not apply except that the board shall file a report with the Legislature related to that investment vehicle as described in subdivision (i).\n(k) Nothing in this section shall require the board to take action as described in this section if the board determines, and adopts findings, in good faith and based on credible information available to the public, that the action described in this section would fail to satisfy the fiduciary responsibilities of the board as described in Section 17 of Article XVI of the California Constitution.\n(l) This section shall be known, and may be cited, as the California Public Divest from Turkey to End the Perpetuation of the Armenian Genocide Act.\nSEC. 3.\nSection 16642 of the Government Code is amended to read:\n16642.\nPresent, future, and former board members of the Public Employees\u2019 Retirement System or the State Teachers\u2019 Retirement System, jointly and individually, state officers and employees, research firms described in subdivision (d) of Section 7513.6, and investment managers under contract with the Public Employees\u2019 Retirement System or the State Teachers\u2019 Retirement System shall be indemnified from the General Fund and held harmless by the State of California from all claims, demands, suits, actions, damages, judgments, costs, charges and expenses, including court costs and attorney\u2019s fees, and against all liability, losses, and damages of any nature whatsoever that these present, future, or former board members, officers, employees, research firms as described in subdivision (d) of Section 7513.6, or contract investment managers shall or may at any time sustain by reason of any decision to restrict, reduce, or eliminate investments pursuant to Sections\n7513.6 and 7513.7.\n7513.6, 7513.7, and 7513.75.\nSEC. 4.\nThe provisions of this act are severable. If any provision of this act 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.","title":""}
{"_id":"c370","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 66703 of the Government Code is amended to read:\n66703.\n(a) The authority shall be governed by a board composed of seven voting members, as follows:\n(1) One member shall be an elected official of a bayside city or county, or an elected member of a special district, with expertise in the implementation of Chapter 4.5 (commencing with Section 31160) of Division 21 of the Public Resources Code and shall serve as the chair.\n(2) One member shall be an elected official of a bayside city or county in the North Bay. For purposes of this subdivision, the North Bay consists of the Counties of Marin, Napa, Solano, and Sonoma.\n(3) One member shall be an elected official of a bayside city or county in the East Bay. For purposes of this subdivision, the East Bay consists of Contra Costa County and the portion of Alameda County that is north of the southern boundary of the City of Hayward, excluding the Delta primary zone.\n(4) One member shall be an elected official of a bayside city or county in the South Bay. For purposes of this subdivision, the South Bay consists of Santa Clara County, the portion of Alameda County that is south of the southern boundary of the City of Hayward, and the portion of San Mateo County that is south of the northern boundary of Redwood City.\n(5) One member shall be an elected official of a bayside city or county in the West Bay. For purposes of this subdivision, the West Bay consists of the City and County of San Francisco and the portion of San Mateo County that is north of the northern boundary of Redwood City.\n(6) Two members shall be elected officials of one or more of the following:\n(A) A bayside city or county.\n(B) A regional park district, regional open-space district, or regional park and open-space district formed pursuant to Article 3 (commencing with Section 5500) of Chapter 3 of Division 5 of the Public Resources Code that owns or operates one or more San Francisco Bay shoreline parcels.\n(b) The Association of Bay Area Governments shall appoint the members.\n(c) Each member shall serve at the pleasure of his or her appointing authority.\n(d) A vacancy shall be filled by the Association of Bay Area Governments within 90 days from the date on which the vacancy occurs.\nSEC. 2.\nSection 66704 of the Government Code is amended to read:\n66704.\nThe authority has, and may exercise, all powers, expressed or implied, that are necessary to carry out the intent and purposes of this title, including, but not limited to, the power to do all of the following:\n(a) (1) Levy a benefit assessment, special tax levied pursuant to Article 3.5 (commencing with Section 50075) of Chapter 1 of Part 1 of Division 1 of Title 5, or property-related fee consistent with the requirements of Articles XIII A, XIII\u2009C, and XIII\u2009D of the California Constitution, including, but not limited to, a benefit assessment levied pursuant to paragraph (2), except that a benefit assessment, special tax, or property-related fee shall not be levied pursuant to this subdivision after December 31, 2048.\n(2) The authority may levy a benefit assessment pursuant to any of the following:\n(A) The Improvement Act of 1911 (Division 7 (commencing with Section 5000) of the Streets and Highways Code).\n(B) The Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500) of the Streets and Highways Code).\n(C) The Municipal Improvement Act of 1913 (Division 12 (commencing with Section 10000) of the Streets and Highways Code).\n(D) The Landscaping and Lighting Act of 1972 (Part 2 (commencing with Section 22500) of Division 15 of the Streets and Highways Code), notwithstanding Section 22501 of the Streets and Highways Code.\n(E) Any other statutory authorization.\n(b) Apply for and receive grants from federal and state agencies.\n(c) Solicit and accept gifts, fees, grants, and allocations from public and private entities.\n(d) Issue revenue bonds for any of the purposes authorized by this title pursuant to the Revenue Bond Law of 1941 (Chapter 6 (commencing with Section 54300) of Part 1 of Division 2 of Title 5).\n(e) Incur general obligation bonded indebtedness for the acquisition or improvement of real property or for funding or refunding of any outstanding indebtedness, subject to the following requirements:\n(1) The principal and interest of any general obligation bonded indebtedness incurred pursuant to this subdivision shall be paid and discharged prior to January 1, 2049.\n(2) For purposes of incurring general obligation bonded indebtedness pursuant to this subdivision, the authority shall comply with the requirements of Article 11 (commencing with Section 5790) of Chapter 4 of Division 5 of the Public Resources Code. For purposes of this subdivision, all references in Article 11 (commencing with Section 5790) of Chapter 4 of Division 5 of the Public Resources Code to a board of directors shall mean the board and all references to a district shall mean the authority.\n(3) Notwithstanding any other law, the total amount of outstanding bonded indebtedness the authority may incur pursuant to this subdivision and subdivision (d) shall not exceed one billion five hundred million dollars ($1,500,000,000).\n(f) Receive and manage a dedicated revenue source.\n(g) Deposit or invest moneys of the authority in banks or financial institutions in the state in accordance with state law.\n(h) Sue and be sued, except as otherwise provided by law, in all actions and proceedings, in all courts and tribunals of competent jurisdiction.\n(i) Engage counsel and other professional services.\n(j) Enter into and perform all necessary contracts.\n(k) Enter into joint powers agreements pursuant to the Joint Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of Title 1).\n(l) Hire staff, define their qualifications and duties, and provide a schedule of compensation for the performance of their duties.\n(m) Use interim or temporary staff provided by appropriate state agencies or the Association of Bay Area Governments. A person who performs duties as interim or temporary staff shall not be considered an employee of the authority.\nSEC. 3.\nSection 66704.05 of the Government Code is amended to read:\n66704.05.\n(a) If the authority proposes a measure pursuant to subdivision (a) or (e) of Section 66704 that will generate revenues, the board of supervisors of the county or counties in which the measure is proposed shall call a special election on the measure. The special election shall be consolidated with the next regularly scheduled statewide election and the measure shall be submitted to the voters in the appropriate counties, consistent with the requirements of Articles XIII\u2009A, XIII\u2009C, and XIII\u2009D of the California Constitution, as applicable.\n(b) (1) The authority is a district, as defined in Section 317 of the Elections Code. Except as otherwise provided in this section, a measure proposed by the authority that requires voter approval shall be submitted to the voters of the authority in accordance with the provisions of the Elections Code applicable to districts, including the provisions of Chapter 4 (commencing with Section 9300) of Division 9 of the Elections Code.\n(2) Because the authority has no revenues as of the effective date of this paragraph, the appropriations limit for the authority shall be originally established based on receipts from the initial measure that would generate revenues for the authority pursuant to subdivision (a), and that establishment of an appropriations limit shall not be deemed a change in an appropriations limit for purposes of Section 4 of Article XIII\u2009B of the California Constitution.\n(c) The authority shall file with the board of supervisors of each county in which the measure shall appear on the ballot a resolution of the authority requesting consolidation, and setting forth the exact form of the ballot question, in accordance with Section 10403 of the Elections Code.\n(d) The legal counsel for the authority shall prepare an impartial analysis of the measure. The impartial analysis prepared by the legal counsel for the authority shall be subject to review and revision by the county counsel of the county that contains the largest population, as determined by the most recent federal decennial census, among those counties in which the measure will be submitted to the voters.\n(e) Each county included in the measure shall use the exact ballot question, impartial analysis, and ballot language provided by the authority. If two or more counties included in the measure are required to prepare a translation of ballot materials into the same language other than English, the county that contains the largest population, as determined by the most recent federal decennial census, among those counties that are required to prepare a translation of ballot materials into the same language other than English shall prepare the translation and that translation shall be used by the other county or counties, as applicable.\n(f) Notwithstanding Section 13116 of the Elections Code, if a measure proposed by the authority pursuant to this article is submitted to the voters of the authority in two or more counties, the elections officials of those counties shall mutually agree to use the same letter designation for the measure.\n(g) The county clerk of each county shall report the results of the special election to the authority.\n(h) (1) Notwithstanding Section 10520 of the Elections Code, for the first election at which the authority proposes a measure pursuant to subdivision (a) or (e) of Section 66704 that would generate revenues, the authority shall reimburse each county in which that measure appears on the ballot only for the incremental costs incurred by the county elections official related to submitting the measure to the voters.\n(2) For purposes of this subdivision, \u201cincremental costs\u201d include all of the following:\n(A) The cost to prepare, review, and revise the impartial analysis of the measure that is required by subdivision (d).\n(B) The cost to prepare a translation of ballot materials into a language other than English by any county, as described in subdivision (e).\n(C) The additional costs that exceed the costs incurred for other election races or ballot measures, if any, appearing on the same ballot in each county in which the measure appears on the ballot, including both of the following:\n(i) The printing and mailing of ballot materials.\n(ii) The canvass of the vote regarding the measure pursuant to Division 15 of the Elections Code.\n(3) This subdivision is repealed on January 1, 2019.\nSEC. 4.\nSection 66706 of the Government Code is amended to read:\n66706.\nThis title shall remain in effect only until January 1, 2049, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2049, deletes or extends that date.\nSEC. 5.\nThe Legislature finds and declares that the San Francisco Bay Restoration Authority has not assumed any existing duties from another local or state government entity and has received no state or local government revenues not counted toward another entity\u2019s appropriations limit. Therefore, the authority has no associated appropriations limit pursuant to Article XIII\u2009B of the California Constitution as of the date of enactment of this bill.\nSEC. 6.\nThe Legislature finds and declares that the changes made by this act to subdivision (e) of Section 66704 of the Government Code explicitly affirm the authority of the San Francisco Bay Restoration Authority to incur general obligation bonded indebtedness, so as to implement the Legislature\u2019s intent when the statute first became operative on January 1, 2009.\nSEC. 7.\nNo reimbursement is required by this act pursuant to Section 6 of Article XIII\u2009B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.","title":""}
{"_id":"c4","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\n(a) It is the intent of the Legislature that the entities responsible for the Mokelumne Watershed Interregional Sustainability Evaluation Program may seek state funding for which the feasibility studies and assessments described in paragraph (3) of subdivision (a) of Section 5093.548 of the Public Resources Code are eligible.\n(b) It is further the intent of the Legislature that, until the completion of the study and report referenced in subdivision (c) of Section 5093.548 of the Public Resources Code and the implementation of any recommendation to add segments to the wild and scenic rivers system, or until December 31, 2021, whichever occurs first, state and local government entities may participate in any collaborative process convened by the Pacific Gas and Electric Company to discuss a pumped storage project in the upper Mokelumne River watershed, if the project is designed to avoid harm to the free-flowing condition and natural character of the segments of the river described in Section 5093.549 of the Public Resources Code, and to the recreational, cultural, historical, scenic, and water quality values of those segments.\nSEC. 2.\nSection 5093.548 is added to the Public Resources Code, to read:\n5093.548.\n(a) Notwithstanding Section 5093.547, prior to the designation of the Mokelumne River, its tributaries, or segments thereof as additions to the system, the secretary shall study and submit to the Governor and the Legislature a report that analyzes the suitability or nonsuitability of the proposed designation. The suitability analysis contained in the report shall consider all of the following:\n(1) The potential effects of the proposed designation on the ability of public agencies and utilities within the Mokelumne River watershed to meet current and projected future water requirements through the development of new and more reliable water supplies from the Mokelumne River and its tributaries. When considering projected future water requirements, the secretary shall only consider feasible projects to meet foreseeable demands.\n(2) Any effects of climate change on river values described in Section 5093.50 and current and projected water supplies.\n(3) The following feasibility studies and assessments included within the implementation plan of the Mokelumne Watershed Interregional Sustainability Evaluation, Final Report dated June 12, 2015: 7a, 7b, 7d, and 7f. The inclusion of these studies and assessments in this subdivision shall not be construed as an exemption from wild and scenic designation.\n(4) The instances when the secretary has determined pursuant to Section 5093.55 that a water diversion facility may be constructed on a river or segment of a river that is part of the system.\n(5) The instances when the State Water Resources Control Board has approved an application to appropriate water from a river or a segment of a river that is part of the system and what restrictions, if any, were placed on the appropriation of water as a result of the river or segment of a river\u2019s inclusion in the system.\n(b) The report shall also include the information required in subdivision (b) of Section 5093.547 and the secretary\u2019s recommendations and proposals with respect to the proposed designation.\n(c) The report required for the segments of the Mokelumne River designated for potential addition to the system pursuant to Section 5093.549 shall be submitted to the Legislature and Governor no later than December 31, 2017, and shall include a clear recommendation on the suitability or nonsuitability for addition to the system of each of the designated segments of the Mokelumne River.\n(d) A study undertaken by the secretary pursuant to subdivision (a) shall provide for public input from a broad range of stakeholders.\n(e)  A report required to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.\n(f) Until the completion of the study period and the implementation of any recommendation to add segments to the system, or December 31, 2021, whichever occurs first, no dam, reservoir, diversion, or other water impoundment facility may be constructed on any segment designated for study by the secretary as a potential addition to the system unless the secretary determines that the facility is needed to supply domestic water to the residents of the county or counties through which the river and segment flows and the secretary determines that the facility will not adversely affect the free-flowing condition and natural character of the river and segment. This subdivision shall not apply to, and shall not in any way affect, Amador Water Agency\u2019s water rights application 5647X03 pending before the State Water Resources Control Board.\n(g) (1) The secretary shall develop a cost estimate of the study and report required by subdivision (c) and enter into a cost-sharing agreement with the Upper Mokelumne River Watershed Authority. The cost-sharing agreement shall require that the state pay not more than 50 percent of the cost of the study and report required by subdivision (c), with the remaining cost to be paid by the authority. The payment by the authority may consist of appropriated funds or a contribution of services.\n(2) Nothing in this section shall preclude any private donations or contributions from interested parties to be used for the purposes of this subdivision.\nSEC. 3.\nSection 5093.549 is added to the Public Resources Code, to read:\n5093.549.\nThe following segments of the North Fork and main stem Mokelumne River are hereby designated for potential addition to the system.\n(a) The North Fork Mokelumne River from 0.50 miles downstream of the Salt Springs 97-006 Dam to 0.50 miles upstream of the Tiger Creek Powerhouse.\n(b) The North Fork Mokelumne River from 1,000 feet downstream of the Tiger Creek Afterbay 97-105 Dam to State Highway Route 26.\n(c) The North Fork Mokelumne River from 400 feet downstream of the small reregulating dam at the outlet of the West Point Powerhouse to the confluence of the North and Middle Forks of the Mokelumne River.\n(d) The main stem of the Mokelumne River from the confluence of the North and Middle Forks to 300 feet upstream of the Electra Powerhouse.\n(e) The main stem of the Mokelumne River from 300 feet downstream of the small reregulating dam downstream of the Electra Powerhouse to the Pardee Reservoir flood surcharge pool at 580 feet elevation above mean sea level.\nSEC. 4.\nSection 5093.56 of the Public Resources Code is amended to read:\n5093.56.\nNo department or agency of the state may assist or cooperate, whether by loan, grant, license, or otherwise, with any department or agency of the federal, state, or local government, in the planning or construction of a dam, reservoir, diversion, or other water impoundment facility that could have an adverse effect on the free-flowing condition and natural character of either of the following:\n(a) The rivers and segments thereof designated in Section 5093.54 as included in the system.\n(b) The segments of the Mokelumne River designated in Section 5093.549 for study by the secretary as potential additions to the system until after the study period and implementation of any recommendations have been completed, or December 31, 2021, whichever occurs first. This subdivision shall not apply to, and shall not in any way affect, Amador Water Agency\u2019s water rights application 5647X03 pending before the State Water Resources Control Board, or prejudice, alter, affect in any way, or interfere with the maintenance, repair, or operation by the Pacific Gas and Electric Company of the Mokelumne River Project (FERC 137) currently under the 2001 Federal Energy Regulatory Commission license for the project, the incorporated settlement agreement, any license amendments made with the agreement of the parties to the incorporated settlement agreement, and any adjustment of flows permitted to occur pursuant to the license for enhancement of ecological resources.\nSEC. 5.\nDue to the unique geographical features of the Mokelumne River and its tributaries, the Legislature hereby finds and declares that a special law is necessary and a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution.\nSEC. 6.\nNo reimbursement is required by this act pursuant to Section 6 of Article XIII\u2009B of the California Constitution because the only costs that may be incurred by a local agency or school district are the result of a program for which legislative authority was requested by that local agency or school district, within the meaning of Section 17556 of the Government Code and Section 6 of Article XIII\u2009B of the California Constitution.","title":""}
{"_id":"c403","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 8670.40 of the Government Code is amended to read:\n8670.40.\n(a) The State Board of Equalization shall collect a fee in an amount determined by the administrator to be sufficient to pay the reasonable regulatory costs to carry out the purposes set forth in subdivision (e), and a reasonable reserve for contingencies. The annual assessment shall not exceed six and one-half cents ($0.065) per barrel of crude oil or petroleum products. The oil spill prevention and administration fee shall be based on each barrel of crude oil or petroleum products, as described in subdivision (b).\n(b) (1) The oil spill prevention and administration fee shall be imposed upon a person owning crude oil at the time that the crude oil is received at a marine terminal, by any mode of delivery that passed over, across, under, or through waters of the state, from within or outside the state, and upon a person who owns petroleum products at the time that those petroleum products are received at a marine terminal, by any mode of delivery that passed over, across, under, or through waters of the state, from outside this state. The fee shall be collected by the marine terminal operator from the owner of the crude oil or petroleum products for each barrel of crude oil or petroleum products received.\n(2) The oil spill prevention and administration fee shall be imposed upon a person owning crude oil or petroleum products at the time that the crude oil or petroleum products are received at a refinery within the state by any mode of delivery that passed over, across, under, or through waters of the state, whether from within or outside the state. The refinery shall collect the fee from the owner of the crude oil or petroleum products for each barrel received.\n(3) (A) There is a rebuttable presumption that crude oil or petroleum products received at a marine terminal or a refinery have passed over, across, under, or through waters of the state. This presumption may be overcome by a marine terminal operator, refinery operator, or owner of the crude oil or petroleum products by showing that the crude oil or petroleum products did not pass over, across, under, or through waters of the state. Evidence to rebut the presumption may include, but shall not be limited to, documentation, including shipping documents, bills of lading, highway maps, rail maps, transportation maps, related transportation receipts, or another medium, that shows the crude oil or petroleum products did not pass over, across, under, or through waters of the state.\n(B) Notwithstanding the petition for redetermination and claim for refund provisions of the Oil Spill Response, Prevention, and Administration Fees Law (Part 24 (commencing with Section 46001) of Division 2 of the Revenue and Taxation Code), the State Board of Equalization shall not do either of the following:\n(i) Accept or consider a petition for redetermination of fees determined pursuant to this section if the petition is founded upon the grounds that the crude oil or petroleum products did or did not pass over, across, under, or through waters of the state.\n(ii) Accept or consider a claim for a refund of fees paid pursuant to this section if the claim is founded upon the grounds that the crude oil or petroleum products did or did not pass over, across, under, or through waters of the state.\n(C) The State Board of Equalization shall forward to the administrator an appeal of a redetermination or a claim for a refund of fees that is based on the grounds that the crude oil or petroleum products did or did not pass over, across, under, or through waters of the state.\n(4) The fees shall be remitted to the State Board of Equalization by the refinery operator or the marine terminal operator on the 25th day of the month based upon the number of barrels of crude oil or petroleum products received at a refinery or marine terminal during the preceding month. A fee shall not be imposed pursuant to this section with respect to crude oil or petroleum products if the person who would be liable for that fee, or responsible for its collection, establishes that the fee has already been collected by a refinery or marine terminal operator registered under this chapter or paid to the State Board of Equalization with respect to the crude oil or petroleum product.\n(5) The oil spill prevention and administration fee shall not be collected by a marine terminal operator or refinery operator or imposed on the owner of crude oil or petroleum products if the fee has been previously collected or paid on the crude oil or petroleum products at another marine terminal or refinery. A marine terminal operator or a refinery operator receiving petroleum products derived from crude oil refined in the state may presume the fee has been previously collected.\n(6) An owner of crude oil or petroleum products is liable for the fee until it has been paid to the State Board of Equalization, except that payment to a refinery operator or marine terminal operator registered under this chapter is sufficient to relieve the owner from further liability for the fee.\n(7) On or before January 20, the administrator shall annually prepare a plan that projects revenues and expenses over three fiscal years, including the current year. Based on the plan, the administrator shall set the fee so that projected revenues, including any interest and inflation, are equivalent to expenses as reflected in the current Budget Act and in the proposed budget submitted by the Governor. In setting the fee, the administrator may allow for a surplus if the administrator finds that revenues will be exhausted during the period covered by the plan or that the surplus is necessary to cover possible contingencies. The administrator shall notify the State Board of Equalization of the adjusted fee rate, which shall be rounded to no more than four decimal places, to be effective the first day of the month beginning not less than 30 days from the date of the notification.\n(c) The moneys collected pursuant to subdivision (a) shall be deposited into the fund.\n(d) The State Board of Equalization shall collect the fee and adopt regulations for implementing the fee collection program.\n(e) The fee described in this section shall be collected solely for all of the following purposes:\n(1) To implement oil spill prevention programs through rules, regulations, leasing policies, guidelines, and inspections and to implement research into prevention and control technology.\n(2) To carry out studies that may lead to improved oil spill prevention and response.\n(3) To finance environmental and economic studies relating to the effects of oil spills.\n(4) To implement, install, and maintain emergency programs, equipment, and facilities to respond to, contain, and clean up oil spills and to ensure that those operations will be carried out as intended.\n(5) To reimburse the State Board of Equalization for its reasonable costs incurred to implement this chapter and to carry out Part 24 (commencing with Section 46001) of Division 2 of the Revenue and Taxation Code.\n(6) To fund the Oiled Wildlife Care Network pursuant to Section 8670.40.5.\n(f) The moneys deposited in the fund shall not be used for responding to a spill.\n(g) The moneys deposited in the fund shall not be used to provide a loan to any other fund.\n(h) The amendments to this section enacted in Section 37 of Chapter 35 of the Statutes of 2014 shall become operative September 18, 2014.\nSEC. 2.\nSection 46008 is added to the Revenue and Taxation Code, to read:\n46008.\n\u201cBarrel\u201d means 42 gallons of crude oil or petroleum products.\nSEC. 3.\nSection 46018 of the Revenue and Taxation Code is repealed.\nSEC. 4.\nSection 46101 of the Revenue and Taxation Code is amended to read:\n46101.\n(a) Every person who operates a refinery in this state, a marine terminal in waters of the state, or operates a pipeline to transport crude oil out of the state or petroleum products into the state shall register with the board for the purposes of Section 8670.48 of the Government Code.\n(b) Every person who operates a refinery in this state or a marine terminal in waters of the state shall register with the board for the purposes of Section 8670.40 of the Government Code.\nSEC. 5.\nIt is the intent of the Legislature that the State Board of Equalization collect the oil spill prevention and administration fee imposed on crude oil or petroleum products pursuant to Section 8670.40 of the Government Code only upon first delivery to a refinery or marine terminal, as described in subdivision (b) of Section 8670.40 of the Government Code, and not upon subsequent movement of that same crude oil or petroleum products derived after that first delivery.","title":""}
{"_id":"c212","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 205.5 of the Revenue and Taxation Code is amended to read:\n205.5.\n(a) Property that constitutes the principal place of residence of a veteran, that is owned by the veteran, the veteran\u2019s spouse, or the veteran and the veteran\u2019s spouse jointly, is exempted from taxation on that part of the full value of the residence that does not exceed one hundred thousand dollars ($100,000), as adjusted for the relevant assessment year as provided in subdivision (h), if the veteran is blind in both eyes, has lost the use of two or more limbs, or if the veteran is totally disabled as a result of injury or disease incurred in military service. The one hundred thousand dollar ($100,000) exemption shall be one hundred fifty thousand dollars ($150,000), as adjusted for the relevant assessment year as provided in subdivision (h), in the case of an eligible veteran whose household income does not exceed the amount of forty thousand dollars ($40,000), as adjusted for the relevant assessment year as provided in subdivision (g).\n(b) (1) For purposes of this section, \u201cveteran\u201d means either of the following:\n(A) A person who is serving in or has served in and has been discharged under other than dishonorable conditions from service in the United States Army, Navy, Air Force, Marine Corps, or Coast Guard, and served either in time of war or in time of peace in a campaign or expedition for which a medal has been issued by Congress, or in time of peace and because of a service-connected disability was released from active duty, and who has been determined by the United States Department of Veterans Affairs to be eligible for federal veterans\u2019 health and medical benefits.\n(B) Any person who would qualify as a veteran pursuant to subparagraph (A) except that he or she has, as a result of a service-connected injury or disease, died while on active duty in military service. The United States Department of Veterans Affairs shall determine whether an injury or disease is service connected.\n(2) For purposes of this section, property is deemed to be the principal place of residence of a veteran, disabled as described in subdivision (a), who is confined to a hospital or other care facility, if that property would be that veteran\u2019s principal place of residence were it not for his or her confinement to a hospital or other care facility, provided that the residence is not rented or leased to a third party. For purposes of this paragraph, a family member who resides at the residence is not a third party.\n(c) (1) Property that is owned by, and that constitutes the principal place of residence of, the unmarried surviving spouse of a deceased veteran is exempt from taxation on that part of the full value of the residence that does not exceed one hundred thousand dollars ($100,000), as adjusted for the relevant assessment year as provided in subdivision (h), in the case of a veteran who was blind in both eyes, had lost the use of two or more limbs, or was totally disabled provided that either of the following conditions is met:\n(A) The deceased veteran during his or her lifetime qualified for the exemption pursuant to subdivision (a), or would have qualified for the exemption under the laws effective on January 1, 1977, except that the veteran died prior to January 1, 1977.\n(B) The veteran died from a disease that was service connected as determined by the United States Department of Veterans Affairs.\nThe one hundred thousand dollar ($100,000) exemption shall be one hundred fifty thousand dollars ($150,000), as adjusted for the relevant assessment year as provided in subdivision (h), in the case of an eligible unmarried surviving spouse whose household income does not exceed the amount of forty thousand dollars ($40,000), as adjusted for the relevant assessment year as provided in subdivision (g).\n(2) Commencing with the 1994\u201395 fiscal year, property that is owned by, and that constitutes the principal place of residence of, the unmarried surviving spouse of a veteran as described in subparagraph (B) of paragraph (1) of subdivision (b) is exempt from taxation on that part of the full value of the residence that does not exceed one hundred thousand dollars ($100,000), as adjusted for the relevant assessment year as provided in subdivision (h). The one hundred thousand dollar ($100,000) exemption shall be one hundred fifty thousand dollars ($150,000), as adjusted for the relevant assessment year as provided in subdivision (h), in the case of an eligible unmarried surviving spouse whose household income does not exceed the amount of forty thousand dollars ($40,000), as adjusted for the relevant assessment year as provided in subdivision (g).\n(3) Beginning with the 2012\u201313 fiscal year and for each fiscal year thereafter, property is deemed to be the principal place of residence of the unmarried surviving spouse of a deceased veteran, who is confined to a hospital or other care facility, if that property would be the unmarried surviving spouse\u2019s principal place of residence were it not for his or her confinement to a hospital or other care facility, provided that the residence is not rented or leased to a third party. For purposes of this paragraph, a family member who resides at the residence is not a third party.\n(d) As used in this section, \u201cproperty that is owned by a veteran\u201d or \u201cproperty that is owned by the veteran\u2019s unmarried surviving spouse\u201d includes all of the following:\n(1) Property owned by the veteran with the veteran\u2019s spouse as a joint tenancy, tenancy in common, or as community property.\n(2) Property owned by the veteran or the veteran\u2019s spouse as separate property.\n(3) Property owned with one or more other persons to the extent of the interest owned by the veteran, the veteran\u2019s spouse, or both the veteran and the veteran\u2019s spouse.\n(4) Property owned by the veteran\u2019s unmarried surviving spouse with one or more other persons to the extent of the interest owned by the veteran\u2019s unmarried surviving spouse.\n(5) So much of the property of a corporation as constitutes the principal place of residence of a veteran or a veteran\u2019s unmarried surviving spouse when the veteran, or the veteran\u2019s spouse, or the veteran\u2019s unmarried surviving spouse is a shareholder of the corporation and the rights of shareholding entitle one to the possession of property, legal title to which is owned by the corporation. The exemption provided by this paragraph shall be shown on the local roll and shall reduce the full value of the corporate property. Notwithstanding any law or articles of incorporation or bylaws of a corporation described in this paragraph, any reduction of property taxes paid by the corporation shall reflect an equal reduction in any charges by the corporation to the person who, by reason of qualifying for the exemption, made possible the reduction for the corporation.\n(e) For purposes of this section, being blind in both eyes means having a visual acuity of 5\/200 or less, or concentric contraction of the visual field to 5 degrees or less; losing the use of a limb means that the limb has been amputated or its use has been lost by reason of ankylosis, progressive muscular dystrophies, or paralysis; and being totally disabled means that the United States Department of Veterans Affairs or the military service from which the veteran was discharged has rated the disability at 100 percent or has rated the disability compensation at 100 percent by reason of being unable to secure or follow a substantially gainful occupation.\n(f) An exemption granted to a claimant pursuant to this section shall be in lieu of the veteran\u2019s exemption provided by subdivisions (o), (p), (q), and (r) of Section 3 of Article XIII of the California Constitution and any other real property tax exemption to which the claimant may be entitled. No other real property tax exemption may be granted to any other person with respect to the same residence for which an exemption has been granted pursuant to this section; provided, that if two or more veterans qualified pursuant to this section coown a property in which they reside, each is entitled to the exemption to the extent of his or her interest.\n(g) Commencing on January 1, 2002, and for each assessment year thereafter, the household income limit shall be compounded annually by an inflation factor that is the annual percentage change, measured from February to February of the two previous assessment years, rounded to the nearest one-thousandth of 1 percent, in the California Consumer Price Index for all items, as determined by the California Department of Industrial Relations.\n(h) Commencing on January 1, 2006, and for each assessment year thereafter, the exemption amounts set forth in subdivisions (a) and (c) shall be compounded annually by an inflation factor that is the annual percentage change, measured from February to February of the two previous assessment years, rounded to the nearest one-thousandth of 1 percent, in the California Consumer Price Index for all items, as determined by the California Department of Industrial Relations.\n(i) The amendments made to this section by the act adding this subdivision shall apply for property tax lien dates for the 2017\u201318 fiscal year and for each fiscal year thereafter.\nSEC. 2.\nSection 4831.1 is added to the Revenue and Taxation Code, to read:\n4831.1.\nNotwithstanding any other law, corrections to the roll that relate to the disabled veterans\u2019 exemption described in Section 205.5 may be corrected within eight years after the making of the assessment being corrected.\nSEC. 3.\nSection 5097 of the Revenue and Taxation Code is amended to read:\n5097.\n(a) An order for a refund under this article shall not be made, except on a claim:\n(1) Verified by the person who paid the tax, his or her guardian, executor, or administrator.\n(2) Except as provided in paragraph (3) or (4), filed within four years after making the payment sought to be refunded, or within one year after the mailing of notice as prescribed in Section 2635, or the period agreed to as provided in Section 532.1, or within 60 days of the date of the notice prescribed by subdivision (a) of Section 4836, whichever is later.\n(3) (A) Filed within one year, if an application for a reduction in an assessment or an application for equalization of an assessment has been filed pursuant to Section 1603 and the applicant does not state in the application that the application is intended to constitute a claim for a refund, of either of the following events, whichever occurs first:\n(i) After the county assessment appeals board makes a final determination on the application for reduction in assessment or on the application for equalization of an escape assessment of the property, and mails a written notice of its determination to the applicant and the notice does not advise the applicant to file a claim for refund.\n(ii) After the expiration of the time period specified in subdivision (c) of Section 1604 if the county assessment appeals board fails to hear evidence and fails to make a final determination on the application for reduction in assessment or on the application for equalization of an escape assessment of the property.\n(B) Filed within six months, if an application for a reduction in an assessment or an application for equalization of an assessment has been filed pursuant to Section 1603 and the applicant does not state in the application that the application is intended to constitute a claim for a refund, after the county assessment appeals board makes a final determination on the application for reduction in assessment or on the application for equalization of an escape assessment, and mails a written notice of its determination to the applicant and the notice advises the applicant to file a claim for refund within six months of the date of the county assessment appeals board\u2019s final determination.\n(4) Filed within eight years after making the payment sought to be refunded, or within 60 days of the notice prescribed by subdivision (a) of Section 4836, whichever is later, if the claim for refund is filed on or after January 1, 2015, and relates to the disabled veterans\u2019 exemption described in Section 205.5.\n(b) An application for a reduction in an assessment filed pursuant to Section 1603 shall also constitute a sufficient claim for refund under this section if the applicant states in the application that the application is intended to constitute a claim for refund. If the applicant does not so state, he or she may thereafter and within the period provided in paragraph (3) of subdivision (a) file a separate claim for refund of taxes extended on the assessment which the applicant applied to have reduced pursuant to Section 1603 or Section 1604.\n(c) If an application for equalization of an escape assessment is filed pursuant to Section 1603, a claim may be filed on any taxes resulting from the escape assessment or the original assessment to which the escape relates within the period provided in paragraph (3) of subdivision (a).\n(d) The amendments made to this section by the act adding this subdivision shall apply to claims for refund filed on or after January 1, 2015.\nSEC. 4.\nSection 5097.3 is added to the Revenue and Taxation Code, to read:\n5097.3.\nNotwithstanding any other law, any taxes paid before or after delinquency may be refunded by the county tax collector or the county auditor, within eight years after the date of payment, if the amount paid exceeds the amount due on the property as the result of corrections to the roll that relate to the disabled veterans\u2019 exemption described in Section 205.5.\nSEC. 5.\nIf 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.\nSEC. 6.\nNotwithstanding Section 2229 of the Revenue and Taxation Code, no appropriation is made by this act and the state shall not reimburse any local agency for any property tax revenues lost by it pursuant to this act.\nSEC. 7.\nThis act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect.","title":""}
{"_id":"c162","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 150204 of the Health and Safety Code is amended to read:\n150204.\n(a) (1) A county may establish, by an action of the county board of supervisors or by an action of the public health officer of the county, as directed by the county board of supervisors, a repository and distribution program for purposes of this division. The county shall advise the California State Board of Pharmacy within 30 days from the date it establishes a repository and distribution program.\n(2) Only an eligible entity, pursuant to Section 150201, may participate in this program to dispense medication donated to the drug repository and distribution program.\n(3) An eligible entity that seeks to participate in the program shall inform the county health department and the California State Board of Pharmacy in writing of its intent to participate in the program. An eligible entity may not participate in the program until it has received written or electronic documentation from the county health department confirming that the department has received its notice of intent.\n(4) (A) A participating entity shall disclose to the county health department on a quarterly basis the name and location of the source of all donated medication it receives.\n(B) A participating primary care clinic, as described in Section 150201, shall disclose to the county health department the name of the licensed physician who shall be accountable to the California State Board of Pharmacy for the clinic\u2019s program operations pursuant to this division. This physician shall be the professional director, as defined in subdivision (c) of Section 4182 of the Business and Professions Code.\n(C) The county board of supervisors or public health officer of the county shall, upon request, make available to the California State Board of Pharmacy the information in this division.\n(5) The county board of supervisors, the public health officer of the county, and the California State Board of Pharmacy may prohibit an eligible or participating entity from participating in the program if the entity does not comply with the provisions of the program, pursuant to this division. If the county board of supervisors, the public health officer of the county, or the California State Board of Pharmacy prohibits an eligible or participating entity from participating in the program, it shall provide written notice to the prohibited entity within 15 days of making this determination. The county board of supervisors, the public health officer of the county, and the California State Board of Pharmacy shall ensure that this notice also is provided to one another.\n(b) A county that elects to establish a repository and distribution program pursuant to this division shall establish written procedures for, at a minimum, all of the following:\n(1) Establishing eligibility for medically indigent patients who may participate in the program.\n(2) Ensuring that patients eligible for the program shall not be charged for any medications provided under the program.\n(3) Developing a formulary of medications appropriate for the repository and distribution program.\n(4) Ensuring proper safety and management of any medications collected by and maintained under the authority of a participating entity.\n(5) Ensuring the privacy of individuals for whom the medication was originally prescribed.\n(c) Any medication donated to the repository and distribution program shall comply with the requirements specified in this division. Medication donated to the repository and distribution program shall meet all of the following criteria:\n(1) The medication shall not be a controlled substance.\n(2) The medication shall not have been adulterated, misbranded, or stored under conditions contrary to standards set by the United States Pharmacopoeia (USP) or the product manufacturer.\n(3) The medication shall not have been in the possession of a patient or any individual member of the public, and in the case of medications donated by a health or care facility, as described in Section 150202, shall have been under the control of a staff member of the health or care facility who is licensed in California as a health care professional or has completed, at a minimum, the training requirements specified in Section 1569.69.\n(d) (1) Only medication that is donated in unopened, tamper-evident packaging or modified unit dose containers that meet USP standards is eligible for donation to the repository and distribution program, provided lot numbers and expiration dates are affixed. Medication donated in opened containers shall not be dispensed by the repository and distribution program, and once identified, shall be quarantined immediately and handled and disposed of in accordance with the Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104).\n(2) (A) A medication that is the subject of a United States Food and Drug Administration managed risk evaluation and mitigation strategy pursuant to Section 355-1 of Title 21 of the United States Code shall not be donated if this inventory transfer is prohibited by that strategy, or if the inventory transfer requires prior authorization from the manufacturer of the medication.\n(B) A medication that is the subject of a United States Food and Drug Administration managed risk evaluation and mitigation strategy pursuant to Section 355-1 of Title 21 of the United States Code, the donation of which is not prohibited pursuant to subparagraph (A), shall be managed and dispensed according to the requirements of that strategy.\n(e) A pharmacist or physician at a participating entity shall use his or her professional judgment in determining whether donated medication meets the standards of this division before accepting or dispensing any medication under the repository and distribution program.\n(f) A pharmacist or physician shall adhere to standard pharmacy practices, as required by state and federal law, when dispensing all medications.\n(g) Medication that is donated to the repository and distribution program shall be handled in the following ways:\n(1) Dispensed to an eligible patient.\n(2) Destroyed.\n(3) Returned to a reverse distributor or licensed waste hauler.\n(4) (A) Transferred to another participating entity within the county to be dispensed to eligible patients pursuant to this division. Notwithstanding this paragraph, a participating county-owned pharmacy may transfer eligible donated medication to a participating county-owned pharmacy within another adjacent county that has adopted a program pursuant to this division, if the pharmacies transferring the medication have a written agreement between the entities that outlines protocols and procedures for safe and appropriate drug transfer that are consistent with this division.\n(B) Medication donated under this division shall not be transferred by any participating entity more than once, and after it has been transferred, shall be dispensed to an eligible patient, destroyed, or returned to a reverse distributor or licensed waste hauler.\n(C) Medication transferred pursuant to this paragraph shall be transferred with documentation that identifies the drug name, strength, and quantity of the medication, and the donation facility from where the medication originated shall be identified on medication packaging or in accompanying documentation. The document shall include a statement that the medication may not be transferred to another participating entity and must be handled pursuant to subparagraph (B). A copy of this document shall be kept by the participating entity transferring the medication and the participating entity receiving the medication.\n(h) Medication that is donated to the repository and distribution program that does not meet the requirements of this division shall not be distributed or transferred under this program and shall be either destroyed or returned to a reverse distributor. Donated medication that does not meet the requirements of this division shall not be sold, dispensed, or otherwise transferred to any other entity.\n(i) (1) Except as provided in paragraph (2), medication donated to the repository and distribution program shall be maintained in the donated packaging units until dispensed to an eligible patient under this program, who presents a valid prescription. When dispensed to an eligible patient under this program, the medication shall be in a new and properly labeled container, specific to the eligible patient and ensuring the privacy of the individuals for whom the medication was initially dispensed. Expired medication shall not be dispensed.\n(2) A pharmacy that exists solely to operate the repository and distribution program may repackage a reasonable quantity of donated medicine in anticipation of dispensing the medicine to its patient population. The pharmacy shall have repackaging policies and procedures in place for identifying and recalling medications. Medication that is repackaged shall be labeled with the earliest expiration date.\n(j) Medication donated to the repository and distribution program shall be segregated from the participating entity\u2019s other drug stock by physical means, for purposes including, but not limited to, inventory, accounting, and inspection.\n(k) A participating entity shall keep complete records of the acquisition and disposition of medication donated to, and transferred, dispensed, and destroyed under, the repository and distribution program. These records shall be kept separate from the participating entity\u2019s other acquisition and disposition records and shall conform to the Pharmacy Law (Chapter 9 (commencing with Section 4000) of Division 2 of the Business and Professions Code), including being readily retrievable.\n(l) Local and county protocols established pursuant to this division shall conform to the Pharmacy Law regarding packaging, transporting, storing, and dispensing all medications.\n(m) County protocols established for packaging, transporting, storing, and dispensing medications that require refrigeration, including, but not limited to, any biological product as defined in Section 351 of the Public Health Service Act (42 U.S.C. Sec. 262), an intravenously injected drug, or an infused drug, shall include specific procedures to ensure that these medications are packaged, transported, stored, and dispensed at appropriate temperatures and in accordance with USP standards and the Pharmacy Law.\n(n) Notwithstanding any other provision of law, a participating entity shall follow the same procedural drug pedigree requirements for donated drugs as it would follow for drugs purchased from a wholesaler or directly from a drug manufacturer.","title":""}
{"_id":"c243","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 25186 of the Health and Safety Code is amended to read:\n25186.\nThe department may deny, suspend, or revoke any permit, registration, or certificate applied for, or issued, pursuant to this chapter in accordance with the procedures specified in Sections 25186.1 and 25186.2, where the applicant or holder of the permit, registration, or certificate, or in the case of a business concern, any trustee, officer, director, partner, or any person holding more than 5 percent of the equity in, or debt liability of, that business concern, has engaged in any of the following:\n(a) Any violation of, or noncompliance with, this chapter, Chapter 6.7 (commencing with Section 25280), Chapter 6.8 (commencing with Section 25300), the Porter-Cologne Water Quality Control Act (Division 7 (commencing with Section 13000) of the Water Code), the Resource Conservation and Recovery Act of 1976, as amended, (42 U.S.C. Sec. 6901 et seq.), the Hazardous Materials Transportation Act (49 U.S.C. Sec. 5101 et seq.), the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. Sec. 9601 et seq.), the Toxic Substances Control Act (15 U.S.C. Sec. 2601 et seq.), or any other equivalent federal or state statute or any requirement or regulation adopted pursuant thereto relating to the generation, transportation, treatment, storage, recycling, disposal, or handling of a hazardous waste, as defined in Section 25117, a hazardous substance, as defined in Section 25316, or a hazardous material, as defined in Section 353 of the Vehicle Code, if the violation or noncompliance shows a repeating or recurring pattern or may pose a threat to public health or safety or the environment.\n(b) The aiding, abetting, or permitting of any violation of, or noncompliance with, this chapter, Chapter 6.7 (commencing with Section 25280), Chapter 6.8 (commencing with Section 25300), the Porter-Cologne Water Quality Act (Division 7 (commencing with Section 13000) of the Water Code), the Resource Conservation and Recovery Act of 1976, as amended, (42 U.S.C. Sec. 6901 et seq.), the Hazardous Materials Transportation Act (49 U.S.C. Sec. 5101 et seq.), the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. Sec. 9601 et seq.), the Toxic Substances Control Act (15 U.S.C. Sec. 2601 et seq.), or any other equivalent federal or state statute or any requirement or regulation adopted pursuant thereto relating to the generation, transportation, treatment, storage, recycling, disposal, or handling of a hazardous waste, as defined in Section 25117, a hazardous substance, as defined in Section 25316, or a hazardous material, as defined in Section 353 of the Vehicle Code, if the violation or noncompliance shows a repeating or recurring pattern or may pose a threat to public health or safety or the environment.\n(c) Any violation of, or noncompliance with, any order issued by a state or local agency or by a hearing officer or a court relating to the generation, transportation, treatment, storage, recycling, disposal, or handling of a hazardous waste, as defined in Section 25117, a hazardous substance, as defined in Section 25316, or a hazardous material, as defined in Section 353 of the Vehicle Code.\n(d) Any misrepresentation or omission of a significant fact or other required information in the application for the permit, registration, or certificate, or in information subsequently reported to the department or to a local officer or agency authorized to enforce this chapter pursuant to subdivision (a) of Section 25180.\n(e) (1) Activities resulting in any federal or state conviction that are significantly related to the fitness of the applicant or holder of the permit, registration, or certificate to perform the applicant\u2019s duties or activities under the permit, registration, or certificate.\n(2) For the purposes of this paragraph, \u201cconviction\u201d means a plea or verdict of guilty or a conviction following a plea of nolo contendere.\n(3) An action that the department may take pursuant to this paragraph relating to the denial, suspension, or revocation of a permit, registration, or certificate may be based upon a conviction for which any of the following has occurred:\n(A) The time for appeal has elapsed.\n(B) The judgment of conviction has been affirmed on appeal.\n(C) Any order granting probation is made suspending the imposition of sentence, notwithstanding a subsequent order pursuant to Section 1203.4 of the Penal Code permitting that person to withdraw the person\u2019s plea of guilty, and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment.\n(f) Activities resulting in the revocation or suspension of a license, permit, registration, or certificate held by the applicant or holder of the permit, registration, or certificate or, if the applicant or holder of the permit, registration, or certificate is a business concern, by any trustee, officer, director, partner, or any person holding more than 5 percent of the equity in, or debt liability of, that business concern relating to, the generation, transportation, treatment, storage, recycling, disposal, or handling of a hazardous waste, as defined in Section 25117, a hazardous substance, as defined in Section 25316, or a hazardous material, as defined in Section 353 of the Vehicle Code.\nSEC. 2.\nSection 25186.05 is added to the Health and Safety Code, to read:\n25186.05.\n(a) For the purposes of this section, \u201cviolation\u201d and \u201cnoncompliance\u201d mean only the following:\n(1) A violation or noncompliance pursuant to Section 25186 that creates a significant risk of harm to the public health or safety of the environment resulting from acute or chronic exposure to hazardous waste or hazardous waste constituents, and that threat makes it reasonably necessary to take action to prevent, reduce, or mitigate that exposure.\n(2) A violation of, or noncompliance with, any order issued by the department to the applicant or holder of the permit.\n(3) A federal or state felony conviction for a violation of this chapter or its equivalent in the federal act, or of any requirement or regulation adopted pursuant to that authority relating to the generation, transportation, treatment, storage, recycling, disposal, or handling of hazardous waste, as described in subdivision (e) of Section 25186.\n(b) A violation or noncompliance by a federal hazardous waste facility, pursuant to Section 6961 of Title 42 of the United States Code, shall, for purposes of this section, be limited to a violation or noncompliance caused by an action or inaction within the boundaries identified in Part B of the federal hazardous waste permit application, pursuant to Section 270.14 of Title 40 of the Code of Federal Regulations, for that facility.\n(c) \u201cViolation\u201d and \u201cnoncompliance\u201d shall not include a minor violation as defined in Section 25117.6.\n(d) (1) Except as provided in paragraph (2), the department shall consider three or more incidents of violation of, or noncompliance with, a requirement specified in subdivision (a) or (b) of Section 25186 for which a person or entity has been found liable or has been convicted, with respect to a single facility within a five-year period, as compelling cause to deny, suspend, or revoke the permit, registration, or certificate.\n(2) This subdivision does not apply to a third violation or noncompliance if the department finds that extraordinary circumstances exist, including that a denial, suspension, or revocation would endanger the public health or safety or the environment.\n(3) This subdivision does not limit or modify the department\u2019s authority to deny, suspend, or revoke any permit, registration, or certificate pursuant to Section 25186 or any other law.\nSEC. 3.\nSection 25186.2 of the Health and Safety Code is amended to read:\n25186.2.\nThe department may temporarily suspend any permit, registration, or certificate issued pursuant to this chapter prior to any hearing if the department determines that conditions may present an imminent and substantial endangerment to the public health or safety or the environment. In making this determination, the department may rely on any information, including, but not limited to, information concerning an actual, threatened, or potential harm to the public health or safety or the environment, information concerning a release or threat of a release, or a human health or ecological risk assessment. The department shall notify the holder of the permit, registration, or certificate of the temporary suspension and the effective date thereof and at the same time shall serve the person with an accusation. Upon receipt by the department of a notice of defense to the accusation from the holder of the permit, registration, or certificate, the department shall, within 15 days, set the matter for a hearing, which shall be held as soon as possible, but not later than 30 days after receipt of the notice. The temporary suspension shall remain in effect until the hearing is completed and the department has made a final determination on the merits, which shall be made within 60 days after the completion of the hearing. If the determination is not transmitted within this period, the temporary suspension shall be of no further effect.\nSEC. 4.\nSection 25189.4 is added to the Health and Safety Code, to read:\n25189.4.\n(a) In addition to any penalty imposed under any other law, a person who is subject to the imposition of civil or criminal penalties pursuant to the provisions specified in subdivision (b) shall also be subject to an additional civil penalty of not less than five thousand dollars ($5,000) or more than fifty thousand dollars ($50,000) for each day of each violation, if the person has been found liable for, or has been convicted of, two or more previous violations subject to the penalties specified in subdivision (b) and those violations or convictions occurred within any consecutive 60 months.\n(b) The additional liability specified in subdivision (a) shall apply to a penalty imposed pursuant to, or a conviction under, paragraph (2) of subdivision (g) of Section 25187.8, or Section 25189, 25189.2, 25189.3, 25189.5, 25189.6, or 25189.7.","title":""}
{"_id":"c252","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 2699 of the Labor Code is amended to read:\n2699.\n(a) Notwithstanding any other provision of law, any provision of this code that provides for a civil penalty to be assessed and collected by the Labor and Workforce Development Agency or any of its departments, divisions, commissions, boards, agencies, or employees, for a violation of this code, may, as an alternative, be recovered through a civil action brought by an aggrieved employee on behalf of himself or herself and other current or former employees pursuant to the procedures specified in Section 2699.3.\n(b) For purposes of this part, \u201cperson\u201d has the same meaning as defined in Section 18.\n(c) For purposes of this part, \u201caggrieved employee\u201d means any person who was employed by the alleged violator and against whom one or more of the alleged violations was committed.\n(d) For purposes of this part, \u201ccure\u201d means that the employer abates each violation alleged by any aggrieved employee, the employer is in compliance with the underlying statutes as specified in the notice required by this part, and any aggrieved employee is made whole. A violation of paragraph (6) or (8) of subdivision (a) of Section 226 shall only be considered cured upon a showing that the employer has provided a fully compliant, itemized wage statement to each aggrieved employee for each pay period for the three-year period prior to the date of the written notice sent pursuant to paragraph (1) of subdivision (c) of Section 2699.3.\n(e) (1) For purposes of this part, whenever the Labor and Workforce Development Agency, or any of its departments, divisions, commissions, boards, agencies, or employees, has discretion to assess a civil penalty, a court is authorized to exercise the same discretion, subject to the same limitations and conditions, to assess a civil penalty.\n(2) In any action by an aggrieved employee seeking recovery of a civil penalty available under subdivision (a) or (f), a court may award a lesser amount than the maximum civil penalty amount specified by this part if, based on the facts and circumstances of the particular case, to do otherwise would result in an award that is unjust, arbitrary and oppressive, or confiscatory.\n(f) For all provisions of this code except those for which a civil penalty is specifically provided, there is established a civil penalty for a violation of these provisions, as follows:\n(1) If, at the time of the alleged violation, the person does not employ one or more employees, the civil penalty is five hundred dollars ($500).\n(2) If, at the time of the alleged violation, the person employs one or more employees, the civil penalty is one hundred dollars ($100) for each aggrieved employee per pay period for the initial violation and two hundred dollars ($200) for each aggrieved employee per pay period for each subsequent violation.\n(3) If the alleged violation is a failure to act by the Labor and Workplace Development Agency, or any of its departments, divisions, commissions, boards, agencies, or employees, there shall be no civil penalty.\n(g) (1) Except as provided in paragraph (2), an aggrieved employee may recover the civil penalty described in subdivision (f) in a civil action pursuant to the procedures specified in Section 2699.3 filed on behalf of himself or herself and other current or former employees against whom one or more of the alleged violations was committed. Any employee who prevails in any action shall be entitled to an award of reasonable attorney\u2019s fees and costs. Nothing in this part shall operate to limit an employee\u2019s right to pursue or recover other remedies available under state or federal law, either separately or concurrently with an action taken under this part.\n(2) No action shall be brought under this part for any violation of a posting, notice, agency reporting, or filing requirement of this code, except where the filing or reporting requirement involves mandatory payroll or workplace injury reporting.\n(h) No action may be brought under this section by an aggrieved employee if the agency or any of its departments, divisions, commissions, boards, agencies, or employees, on the same facts and theories, cites a person within the timeframes set forth in Section 2699.3 for a violation of the same section or sections of the Labor Code under which the aggrieved employee is attempting to recover a civil penalty on behalf of himself or herself or others or initiates a proceeding pursuant to Section 98.3.\n(i) Except as provided in subdivision (j), civil penalties recovered by aggrieved employees shall be distributed as follows: 75 percent to the Labor and Workforce Development Agency for enforcement of labor laws and education of employers and employees about their rights and responsibilities under this code, to be continuously appropriated to supplement and not supplant the funding to the agency for those purposes; and 25 percent to the aggrieved employees.\n(j) Civil penalties recovered under paragraph (1) of subdivision (f) shall be distributed to the Labor and Workforce Development Agency for enforcement of labor laws and education of employers and employees about their rights and responsibilities under this code, to be continuously appropriated to supplement and not supplant the funding to the agency for those purposes.\n(k) Nothing contained in this part is intended to alter or otherwise affect the exclusive remedy provided by the workers\u2019 compensation provisions of this code for liability against an employer for the compensation for any injury to or death of an employee arising out of and in the course of employment.\n(l) The superior court shall review and approve any penalties sought as part of a proposed settlement agreement pursuant to this part.\n(m) This section shall not apply to the recovery of administrative and civil penalties in connection with the workers\u2019 compensation law as contained in Division 1 (commencing with Section 50) and Division 4 (commencing with Section 3200), including, but not limited to, Sections 129.5 and 132a.\n(n) The agency or any of its departments, divisions, commissions, boards, or agencies may promulgate regulations to implement the provisions of this part.\nSEC. 2.\nSection 2699.3 of the Labor Code is amended to read:\n2699.3.\n(a) A civil action by an aggrieved employee pursuant to subdivision (a) or (f) of Section 2699 alleging a violation of any provision listed in Section 2699.5 shall commence only after the following requirements have been met:\n(1) The aggrieved employee or representative shall give written notice by certified mail to the Labor and Workforce Development Agency and the employer of the specific provisions of this code alleged to have been violated, including the facts and theories to support the alleged violation.\n(2) (A) The agency shall notify the employer and the aggrieved employee or representative by certified mail that it does not intend to investigate the alleged violation within 30 calendar days of the postmark date of the notice received pursuant to paragraph (1). Upon receipt of that notice or if no notice is provided within 33 calendar days of the postmark date of the notice given pursuant to paragraph (1), the aggrieved employee may commence a civil action pursuant to Section 2699.\n(B) If the agency intends to investigate the alleged violation, it shall notify the employer and the aggrieved employee or representative by certified mail of its decision within 33 calendar days of the postmark date of the notice received pursuant to paragraph (1). Within 120 calendar days of that decision, the agency may investigate the alleged violation and issue any appropriate citation. If the agency determines that no citation will be issued, it shall notify the employer and aggrieved employee of that decision within five business days thereof by certified mail. Upon receipt of that notice or if no citation is issued by the agency within the 158-day period prescribed by subparagraph (A) and this subparagraph or if the agency fails to provide timely or any notification, the aggrieved employee may commence a civil action pursuant to Section 2699.\n(C) Notwithstanding any other provision of law, a plaintiff may as a matter of right amend an existing complaint to add a cause of action arising under this part at any time within 60 days of the time periods specified in this part.\n(b) A civil action by an aggrieved employee pursuant to subdivision (a) or (f) of Section 2699 alleging a violation of any provision of Division 5 (commencing with Section 6300) other than those listed in Section 2699.5 shall commence only after the following requirements have been met:\n(1) The aggrieved employee or representative shall give notice by certified mail to the Division of Occupational Safety and Health and the employer, with a copy to the Labor and Workforce Development Agency, of the specific provisions of Division 5 (commencing with Section 6300) alleged to have been violated, including the facts and theories to support the alleged violation.\n(2) (A) The division shall inspect or investigate the alleged violation pursuant to the procedures specified in Division 5 (commencing with Section 6300).\n(i) If the division issues a citation, the employee may not commence an action pursuant to Section 2699. The division shall notify the aggrieved employee and employer in writing within 14 calendar days of certifying that the employer has corrected the violation.\n(ii) If by the end of the period for inspection or investigation provided for in Section 6317, the division fails to issue a citation and the aggrieved employee disputes that decision, the employee may challenge that decision in the superior court. In such an action, the superior court shall follow precedents of the Occupational Safety and Health Appeals Board. If the court finds that the division should have issued a citation and orders the division to issue a citation, then the aggrieved employee may not commence a civil action pursuant to Section 2699.\n(iii) A complaint in superior court alleging a violation of Division 5 (commencing with Section 6300) other than those listed in Section 2699.5 shall include therewith a copy of the notice of violation provided to the division and employer pursuant to paragraph (1).\n(iv) The superior court shall not dismiss the action for nonmaterial differences in facts or theories between those contained in the notice of violation provided to the division and employer pursuant to paragraph (1) and the complaint filed with the court.\n(B) If the division fails to inspect or investigate the alleged violation as provided by Section 6309, the provisions of subdivision (c) shall apply to the determination of the alleged violation.\n(3) (A) Nothing in this subdivision shall be construed to alter the authority of the division to permit long-term abatement periods or to enter into memoranda of understanding or joint agreements with employers in the case of long-term abatement issues.\n(B) Nothing in this subdivision shall be construed to authorize an employee to file a notice or to commence a civil action pursuant to Section 2699 during the period that an employer has voluntarily entered into consultation with the division to ameliorate a condition in that particular worksite.\n(C) An employer who has been provided notice pursuant to this section may not then enter into consultation with the division in order to avoid an action under this section.\n(4) The superior court shall review and approve any proposed settlement of alleged violations of the provisions of Division 5 (commencing with Section 6300) to ensure that the settlement provisions are at least as effective as the protections or remedies provided by state and federal law or regulation for the alleged violation. The provisions of the settlement relating to health and safety laws shall be submitted to the division at the same time that they are submitted to the court. This requirement shall be construed to authorize and permit the division to comment on those settlement provisions, and the court shall grant the division\u2019s commentary the appropriate weight.\n(c) A civil action by an aggrieved employee pursuant to subdivision (a) or (f) of Section 2699 alleging a violation of any provision other than those listed in Section 2699.5 or Division 5 (commencing with Section 6300) shall commence only after the following requirements have been met:\n(1) The aggrieved employee or representative shall give written notice by certified mail to the Labor and Workforce Development Agency and the employer of the specific provisions of this code alleged to have been violated, including the facts and theories to support the alleged violation.\n(2) (A) The employer may cure the alleged violation within 33 calendar days of the postmark date of the notice. The employer shall give written notice by certified mail within that period of time to the aggrieved employee or representative and the agency if the alleged violation is cured, including a description of actions taken, and no civil action pursuant to Section 2699 may commence. If the alleged violation is not cured within the 33-day period, the employee may commence a civil action pursuant to Section 2699.\n(B) (i) Subject to the limitation in clause (ii), no employer may avail himself or herself of the notice and cure provisions of this subdivision more than three times in a 12-month period for the same violation or violations contained in the notice, regardless of the location of the worksite.\n(ii) No employer may avail himself or herself of the notice and cure provisions of this subdivision with respect to alleged violations of paragraph (6) or (8) of subdivision (a) of Section 226 more than once in a 12-month period for the same violation or violations contained in the notice, regardless of the location of the worksite.\n(3) If the aggrieved employee disputes that the alleged violation has been cured, the aggrieved employee or representative shall provide written notice by certified mail, including specified grounds to support that dispute, to the employer and the agency. Within 17 calendar days of the postmark date of that notice, the agency shall review the actions taken by the employer to cure the alleged violation, and provide written notice of its decision by certified mail to the aggrieved employee and the employer. The agency may grant the employer three additional business days to cure the alleged violation. If the agency determines that the alleged violation has not been cured or if the agency fails to provide timely or any notification, the employee may proceed with the civil action pursuant to Section 2699. If the agency determines that the alleged violation has been cured, but the employee still disagrees, the employee may appeal that determination to the superior court.\n(d) The periods specified in this section are not counted as part of the time limited for the commencement of the civil action to recover penalties under this part.\nSEC. 3.\nSection 2699.5 of the Labor Code is amended to read:\n2699.5.\nThe provisions of subdivision (a) of Section 2699.3 apply to any alleged violation of the following provisions: subdivision (k) of Section 96, Sections 98.6, 201, 201.3, 201.5, 201.7, 202, 203, 203.1, 203.5, 204, 204a, 204b, 204.1, 204.2, 205, 205.5, 206, 206.5, 208, 209, and 212, subdivision (d) of Section 213, Sections 221, 222, 222.5, 223, and 224, paragraphs (1) to (5), inclusive, (7), and (9) of subdivision (a) of Section 226, Sections 226.7, 227, 227.3, 230, 230.1, 230.2, 230.3, 230.4, 230.7, 230.8, and 231, subdivision (c) of Section 232, subdivision (c) of Section 232.5, Sections 233, 234, 351, 353, and 403, subdivision (b) of Section 404, Sections 432.2, 432.5, 432.7, 435, 450, 510, 511, 512, 513, 551, 552, 601, 602, 603, 604, 750, 751.8, 800, 850, 851, 851.5, 852, 921, 922, 923, 970, 973, 976, 1021, 1021.5, 1025, 1026, 1101, 1102, 1102.5, and 1153, subdivisions (c) and (d) of Section 1174, Sections 1194, 1197, 1197.1, 1197.5, and 1198, subdivision (b) of Section 1198.3, Sections 1199, 1199.5, 1290, 1292, 1293, 1293.1, 1294, 1294.1, 1294.5, 1296, 1297, 1298, 1301, 1308, 1308.1, 1308.7, 1309, 1309.5, 1391, 1391.1, 1391.2, 1392, 1683, and 1695, subdivision (a) of Section 1695.5, Sections 1695.55, 1695.6, 1695.7, 1695.8, 1695.9, 1696, 1696.5, 1696.6, 1697.1, 1700.25, 1700.26, 1700.31, 1700.32, 1700.40, and 1700.47, Sections 1735, 1771, 1774, 1776, 1777.5, 1811, 1815, 2651, and 2673, subdivision (a) of Section 2673.1, Sections 2695.2, 2800, 2801, 2802, 2806, and 2810, subdivision (b) of Section 2929, and Sections 3095, 6310, 6311, and 6399.7.\nSEC. 4.\nThis 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:\nIn order to incentivize prompt resolution of disputes over itemized wage statements under Part 13 (commencing with Section 2698) of Division 2 of the Labor Code arising from certain specified claims under Section 226 of the Labor Code, it is necessary that this act take effect immediately.","title":""}
{"_id":"c395","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 832.18 is added to the Penal Code, to read:\n832.18.\n(a) It is the intent of the Legislature to establish policies and procedures to address issues related to the downloading and storage data recorded by a body-worn camera worn by a peace officer. These policies and procedures shall be based on best practices.\n(b) When establishing policies and procedures for the implementation and operation of a body-worn camera system, law enforcement agencies, departments, or entities shall consider the following best practices regarding the downloading and storage of body-worn camera data:\n(1) Designate the person responsible for downloading the recorded data from the body-worn camera. If the storage system does not have automatic downloading capability, the officer\u2019s supervisor should take immediate physical custody of the camera and should be responsible for downloading the data in the case of an incident involving the use of force by an officer, an officer-involved shooting, or other serious incident.\n(2) Establish when data should be downloaded to ensure the data is entered into the system in a timely manner, the cameras are properly maintained and ready for the next use, and for purposes of tagging and categorizing the data.\n(3) Establish specific measures to prevent data tampering, deleting, and copying, including prohibiting the unauthorized use, duplication, or distribution of body-worn camera data.\n(4) Categorize and tag body-worn camera video at the time the data is downloaded and classified according to the type of event or incident captured in the data.\n(5) Specifically state the length of time that recorded data is to be stored.\n(A) Unless subparagraph (B) or (C) applies, nonevidentiary data including video and audio recorded by a body-worn camera should be retained for a minimum of 60 days, after which it may be erased, destroyed, or recycled. An agency may keep data for more than 60 days to have it available in case of a citizen complaint and to preserve transparency.\n(B)  Evidentiary data including video and audio recorded by a body-worn camera under this section should be retained for a minimum of two years under any of the following circumstances:\n(i) The recording is of an incident involving the use of force by a peace officer or an officer-involved shooting.\n(ii) The recording is of an incident that leads to the detention or arrest of an individual.\n(iii) The recording is relevant to a formal or informal complaint against a law enforcement officer or a law enforcement agency.\n(C) If evidence that may be relevant to a criminal prosecution is obtained from a recording made by a body-worn camera under this section, the law enforcement agency should retain the recording for any time in addition to that specified in paragraphs (A) and (B), and in the same manner as is required by law for other evidence that may be relevant to a criminal prosecution.\n(D) In determining a retention schedule, the agency should work with its legal counsel to determine a retention schedule to ensure that storage policies and practices are in compliance with all relevant laws and adequately preserve evidentiary chains of custody.\n(E) Records or logs of access and deletion of data from body-worn cameras should be retained permanently.\n(6) State where the body-worn camera data will be stored, including, for example, an in-house server which is managed internally, or an online cloud database which is managed by a third-party vendor.\n(7) If using a third-party vendor to manage the data storage system, the following factors should be considered to protect the security and integrity of the data:\n(A) Using an experienced and reputable third-party vendor.\n(B) Entering into contracts that govern the vendor relationship and protect the agency\u2019s data.\n(C) Using a system that has a built-in audit trail to prevent data tampering and unauthorized access.\n(D) Using a system that has a reliable method for automatically backing up data for storage.\n(E) Consulting with internal legal counsel to ensure the method of data storage meets legal requirements for chain-of-custody concerns.\n(F) Using a system that includes technical assistance capabilities.\n(8) Require that all recorded data from body-worn cameras are property of their respective law enforcement agency and shall not be accessed or released for any unauthorized purpose, explicitly prohibit agency personnel from accessing recorded data for personal use and from uploading recorded data onto public and social media Internet Web sites, and include sanctions for violations of this prohibition.\n(c) (1) For purposes of this section, \u201cevidentiary data\u201d refers to data of an incident or encounter that could prove useful for investigative purposes, including, but not limited to, a crime, an arrest or citation, a search, a use of force incident, or a confrontational encounter with a member of the public. The retention period for evidentiary data are subject to state evidentiary laws.\n(2) For purposes of this section, \u201cnonevidentiary data\u201d refers to data that does not necessarily have value to aid in an investigation or prosecution, such as data of an incident or encounter that does not lead to an arrest or citation, or data of general activities the officer might perform while on duty.\n(d) Nothing in this section shall be interpreted to limit the public\u2019s right to access recorded data under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).","title":""}
{"_id":"c32","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nArticle 60.6 (commencing with Section 20928) is added to Chapter 1 of Part 3 of Division 2 of the Public Contract Code, to read:\nArticle  60.6. Surface Storage Projects\n20928.\nThe Legislature finds and declares that alternative project delivery, using the best value procurement methodology, has been authorized for various agencies that have reported benefits from those projects, including reduced project costs, expedited project start and completion, simplified project controls and accountability, and design features that are not achievable through the traditional design-bid-build method.\n20928.1.\n(a) A surface storage project identified in the CALFED Bay-Delta Program Record of Decision, dated August 28, 2000, that receives funding pursuant to Division 26.7 (commencing with Section 79700) of the Water Code may use, in addition to any other methods of project delivery otherwise allowable by irrigation districts, county water districts, or other similar water districts by law, the following methods of project delivery:\n(1) Construction manager at-risk.\n(2) Design-Build, including conventional, progressive, and target price.\n(3) Design-build-operate.\n(b) The contract shall be awarded on a best value basis or to the lowest responsible bidder.\n20928.2.\nThe procurement process for the project shall progress as follows:\n(a) The local agency shall prepare a set of documents setting forth the scope and estimated price of the project. The documents may include, but need not be limited to, the size, type, and desired design character of the project, performance specifications covering the quality of materials, equipment, workmanship, preliminary plans or building layouts, or any other information deemed necessary to describe adequately the local agency\u2019s needs. The performance specifications and any plans shall be prepared by a design professional who is duly licensed and registered in California.\n(b) The local agency shall prepare and issue a request for qualifications in order to prequalify or short-list the entities, including subcontractors and suppliers, whose bids shall be evaluated for final selection. The request for qualifications shall include, but need not be limited to, the following elements:\n(1) Identification of the basic scope and needs of the project or contract, the expected cost range, the methodology that will be used by the local agency to evaluate bids, the procedure for final selection of the bidder, and any other information deemed necessary by the local agency to inform interested parties of the contracting opportunity.\n(2) Significant factors that the local agency reasonably expects to consider in evaluating qualifications, including technical design-related expertise, construction expertise, acceptable safety records, and all other nonprice-related factors.\n(3) A standard template request for statements of qualifications prepared by the local agency. In preparing the standard template, the local agency may consult with the construction industry, the building trades and surety industry, and other local agencies interested in using the authorization provided by this article. The template shall require all of the following information:\n(A) If the bidder is a privately held corporation, limited liability company, partnership, or joint venture, comprised of privately-held entities, a listing of all of the shareholders, partners, or members known at the time of statement of qualification submission who will perform work on the project.\n(B) Evidence that the members of the contracting team have completed, or demonstrated the experience, competency, capability, and capacity to complete, projects of similar size, scope, or complexity and that proposed key personnel have sufficient experience and training to competently manage and complete the project, and a financial statement that ensures that the bidder has the capacity to complete the project.\n(C) The licenses, registration, and credentials required for the project, including, but not limited to, information on the revocation or suspension of any license, credential, or registration.\n(D) Evidence that establishes that the bidder has the capacity to obtain all required payment and performance bonding, liability insurance, and errors and omissions insurance.\n(E) Information concerning workers\u2019 compensation experience history and a worker safety program.\n(F) An acceptable safety record.\u201cSafety record\u201d means the prior history concerning the safe performance of construction contracts. The criteria used to evaluate a bidder\u2019s safety record shall include, at a minimum, its experience modification rate for the most recent three-year period, and its average total recordable injury or illness rate and average lost work rate for the most recent three-year period.\n(4) The information required under this subdivision shall be certified under penalty of perjury by the bidder and its general partners or joint venture members.\n(c) A contracting entity shall not be prequalified or short-listed unless the entity provides an enforceable commitment to the local agency that the entity and its subcontractors will use a skilled and trained workforce to perform all work on the project or contract that falls within an apprenticeable occupation in the building and construction trades.\n(1) For purposes of this subdivision:\n(A) \u201cApprenticeable occupation\u201d means an occupation for which the chief had approved an apprenticeship program pursuant to Section 3075 of the Labor Code prior to January 1, 2014.\n(B) \u201cSkilled and trained workforce\u201d means a workforce that meets all of the following conditions:\n(i) All the workers are either skilled journeypersons or apprentices registered in an apprenticeship program approved by the Chief of the Division of Apprenticeship Standards.\n(ii) (I) For work performed on or after January 1, 2017, at least 30 percent of the skilled journeypersons employed to perform work on the contract or project by the bidder and each of its subcontractors at every tier are graduates of an apprenticeship program for the applicable occupation that was either approved by the Chief of the Division of Apprenticeship Standards pursuant to Section 3075 of the Labor Code or located outside California and approved for federal purposes pursuant to the apprenticeship regulations adopted by the federal Secretary of Labor.\n(II) For work performed on or after January 1, 2018, at least 40 percent of the skilled journeypersons employed to perform work on the contract or project by the bidder and each of its subcontractors at every tier are graduates of an apprenticeship program for the applicable occupation that was either approved by the Chief of the Division of Apprenticeship Standards pursuant to Section 3075 of the Labor Code or located outside California and approved for federal purposes pursuant to the apprenticeship regulations adopted by the federal Secretary of Labor.\n(III) For work performed on or after January 1, 2019, at least 50 percent of the skilled journeypersons employed to perform work on the contract or project by the bidder and each of its subcontractors at every tier are graduates of an apprenticeship program for the applicable occupation that was either approved by the Chief of the Division of Apprenticeship Standards pursuant to Section 3075 of the Labor Code or located outside California and approved for federal purposes pursuant to the apprenticeship regulations adopted by the federal Secretary of Labor.\n(IV) For work performed on or after January 1, 2020, at least 60 percent of the skilled journeypersons employed to perform work on the contract or project by the bidder and each of its subcontractors at every tier are graduates of an apprenticeship program for the applicable occupation that was either approved by the Chief of the Division of Apprenticeship Standards pursuant to Section 3075 of the Labor Code or located outside California and approved for federal purposes pursuant to the apprenticeship regulations adopted by the federal Secretary of Labor.\n(iii) For an apprenticeable occupation in which no apprenticeship program had been approved by the chief prior to January 1, 1995, up to one-half of the graduation percentage requirements of clause (ii) may be satisfied by skilled journeypersons who commenced working in the apprenticeable occupation prior to the chief\u2019s approval of an apprenticeship program for that occupation in the county in which the project is located.\n(C) \u201cSkilled journeyperson\u201d means a worker who either:\n(i) Graduated from an apprenticeship program for the applicable occupation that was approved by the chief or located outside California and approved for federal purposes pursuant to the apprenticeship regulations adopted by the federal Secretary of Labor.\n(ii) Has at least as many hours of on-the-job experience in the applicable occupation as would be required to graduate from an apprenticeship program for the applicable occupation that is approved by the chief.\n(2) The apprenticeship graduation percentage requirements of subparagraph (B) of paragraph (1) are satisfied if, in a particular calendar month, either of the following is true:\n(A) The required percentage of the skilled journeypersons employed by the contractor or subcontractor to perform work on the contract or project meet the graduation percentage requirement.\n(B) For the hours of work performed by skilled journeypersons employed by the contractor or subcontractor on the contract or project, the percentage of hours performed by skilled journeypersons who met the graduation requirement meets or exceeds the required graduation percentage.\n(3) A contractor or subcontractor need not meet the apprenticeship graduation requirements of subparagraph (B) of paragraph (1) if, during the calendar month, the contractor or subcontractor employs skilled journeypersons to perform fewer than 10 hours of work on the contract or project.\n(4) A subcontractor need not meet the apprenticeship graduation requirements of subparagraph (B) of paragraph (1) if both of the following requirements are met:\n(A) The subcontractor was not a listed subcontractor under Section 4104 or a substitute for a listed subcontractor.\n(B) The subcontract does not exceed one-half of 1 percent of the price of the prime contract.\n(5) (A) A contractor, bidder, or other entity\u2019s commitment that a skilled and trained workforce will be used to perform the project or contract shall be established by the contractor, bidder, or other entity\u2019s agreement with the local agency that the contractor, bidder, or other entity and its subcontractors at every tier will comply with this subdivision and that the contractor, bidder, or other entity will provide the local agency with a report on a monthly basis while the project or contract is being performed, as to whether the contractor, bidder, or other entity and its subcontractors are complying with the requirements of this subdivision.\n(B) If the contractor, bidder, or other entity fails to provide the monthly report required by this section, or provides a report that is incomplete, the local agency shall withhold further payments until a complete report is provided.\n(C) If a monthly report does not demonstrate compliance with this chapter, the local agency shall withhold further payments until the contractor, bidder, or other entity provides a plan to achieve substantial compliance with this article, with respect to the relevant apprenticeable occupation, prior to completion of the contract or project.\n(D) A monthly report provided to the public agency or other awarding body shall be a public record under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) and shall be open to public inspection.\n(6) This subdivision shall not apply if the contractor, bidder, or other entity has entered into a project labor agreement that will bind itself and all its subcontractors who perform construction work on the project, and the contractor, bidder, or other entity agrees to be bound by the project agreement.\n(d) The local agency shall make the list of prequalified entities available to the public.\n(e) Based on the documents prepared as described in subdivision (a), the local agency shall prepare a request for bids that invites prequalified or short-listed entities to submit competitive sealed bids in the manner prescribed by the local agency. The request for bids shall include, but need not be limited to, all of the following elements:\n(1) Identification of the basic scope and needs of the project or contract, the estimated cost to perform the work being requested, the methodology that will be used by the local agency to evaluate bids, whether the contract will be awarded on the basis of best value or to the lowest responsible bidder, and any other information deemed necessary by the local agency to inform interested parties of the contracting opportunity.\n(2) Significant factors that the local agency reasonably expects to consider in evaluating bids, including, but not limited to, cost or price and all nonprice-related factors.\n(3) The relative importance or the weight assigned to each of the factors identified in the request for bids.\n(4) If a best value selection method is used, the local agency may reserve the right to request bid revisions and hold discussions and negotiations with responsive bidders, in which case the local agency shall so specify in the request for bids and shall publish separately or incorporate into the request for bids applicable procedures to be observed by the local agency to ensure that any discussions or negotiations are conducted in good faith.\n(f) For those projects utilizing low bid as the final selection method, the competitive bidding process shall, if appropriate for the delivery method, result in lump-sum bids by the prequalified or short-listed entities, and awards shall be made to the bidder that is the lowest responsible bidder.\n(g) For those projects utilizing best value as a selection method, the competition shall progress as follows:\n(1) Competitive bids shall be evaluated by using only the criteria and selection procedures specifically identified in the request for bids. The following minimum factors, however, shall be included, if applicable to the delivery method and weighted as deemed appropriate by the local agency:\n(A) Price, unless a stipulated sum is specified and including financial and bonding capacity requirements.\n(B) Technical design, procurement, and construction expertise.\n(C) Proposed construction approach, sequencing, and methods.\n(D) Compliance with the requirements of the owner-provided performance specification.\n(E) Ability to meet the milestone schedule dates and, if applicable, any liquidated damages.\n(F) Ability to meet the quality requirements.\n(G) Proposed risk allocation and sharing.\n(H) Safety record.\n(I) Warranty.\n(J) Life-cycle costs over 15 or more years as specified by the local agency.\n(2) Pursuant to subdivision (e), the local agency may hold discussions or negotiations with responsive bidders using the process articulated in the local agency\u2019s request for bids.\n(3) When the evaluation is complete, the responsive bidders shall be ranked based on a determination of value provided by the local agency if no more than three bidders are required to be ranked.\n(4) The award of the contract shall be made to the responsible bidder whose bid is determined by the local agency to have offered the best value to the public.\n(5) Notwithstanding any provision of the Water Code, upon issuance of a contract award the local agency shall publicly announce its award, identifying the bidder to which the award is made, along with a statement regarding the basis of the award.\n(6) The statement regarding the local agency\u2019s contract award, described in paragraph (5), and the contract file shall provide sufficient information to satisfy an external audit.\n20928.3.\n(a) The local agency, in each request for proposals, may identify specific types of subcontractors that must be included in the entity statement of qualifications and proposal.\n(b) Following award of the contract, the entity shall proceed as follows in awarding construction subcontracts with a value exceeding one-half of 1 percent of the contract price allocable to construction work:\n(1) Provide public notice of availability of work to be subcontracted in accordance with the publication requirements applicable to the competitive bidding process of the local agency, including a fixed date and time on which qualification statements, bids, or proposals will be due.\n(2) Establish reasonable qualification criteria and standards.\n(3) Award the subcontract either on a best value basis or to the lowest responsible bidder. The process may include prequalification or short-listing. The foregoing process does not apply to construction subcontractors listed in the original proposal.\n20928.4.\nAny project constructed pursuant to this article shall be subject to Part 1 (commencing with Section 6000) of Division 3 of the Water Code.\nSEC. 2.\nNo reimbursement is required by this act pursuant to Section 6 of Article XIII\u2009B 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\u2009B of the California Constitution.","title":""}
{"_id":"c151","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 14169.53 of the Welfare and Institutions Code is amended to read:\n14169.53.\n(a) (1) All fees required to be paid to the state pursuant to this article shall be paid in the form of remittances payable to the department.\n(2) The department shall directly transmit the fee payments to the Treasurer to be deposited in the fund. Notwithstanding Section 16305.7 of the Government Code, any interest and dividends earned on deposits in the fund from the proceeds of the fee assessed pursuant to this article shall be retained in the fund for purposes specified in subdivision (b).\n(b) (1) Notwithstanding subdivision (c) of Section 14167.35, subdivision (b) of Section 14168.33, and subdivision (b) of Section 14169.33, all funds from the proceeds of the fee assessed pursuant to this article in the fund, together with any interest and dividends earned on money in the fund, shall continue to be used exclusively to enhance federal financial participation for hospital services under the Medi-Cal program, to provide additional reimbursement to, and to support quality improvement efforts of, hospitals, and to minimize uncompensated care provided by hospitals to uninsured patients, as well as to pay for the state\u2019s administrative costs and to provide funding for children\u2019s health coverage, in the following order of priority:\n(A) To pay for the department\u2019s staffing and administrative costs directly attributable to implementing this article, not to exceed two hundred fifty thousand dollars ($250,000) for each subject fiscal quarter, exclusive of any federal matching funds.\n(B) To pay for the health care coverage, as described in subdivision (g), except that for the two subject fiscal quarters in the 2013\u201314 fiscal year, the amount for children\u2019s health care coverage shall be one hundred fifty-five million dollars ($155,000,000) for each subject fiscal quarter, exclusive of any federal matching funds.\n(C) To make increased capitation payments to managed health care plans pursuant to this article and Section 14169.82, including the nonfederal share of capitation payments to managed health care plans pursuant to this article and Section 14169.82 for services provided to individuals who meet the eligibility requirements in Section 1902(a)(10)(A)(i)(VIII) of Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396a(a)(10)(A)(i)(VIII)), and who meet the conditions described in Section 1905(y) of the federal Social Security Act (42 U.S.C. Sec. 1396d(y)).\n(D) To make increased payments and direct grants to hospitals pursuant to this article and Section 14169.83, including the nonfederal share of payments to hospitals under this article and Section 14169.83 for services provided to individuals who meet the eligibility requirements in Section 1902(a)(10)(A)(i)(VIII) of Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396a(a)(10)(A)(i)(VIII)), and who meet the conditions described in Section 1905(y) of the federal Social Security Act (42 U.S.C. Sec. 1396d(y)).\n(2) Notwithstanding subdivision (c) of Section 14167.35, subdivision (b) of Section 14168.33, and subdivision (b) of Section 14169.33, and notwithstanding Section 13340 of the Government Code, the moneys in the fund shall be continuously appropriated during the first program period only, without regard to fiscal year, for the purposes of this article, Article 5.229 (commencing with Section 14169.31), Article 5.228 (commencing with Section 14169.1), Article 5.227 (commencing with Section 14168.31), former Article 5.226 (commencing with Section 14168.1), former Article 5.22 (commencing with Section 14167.31), and former Article 5.21 (commencing with Section 14167.1).\n(3) Notwithstanding any other law, for the second program period and subsequent program periods, the moneys in the fund shall be continuously appropriated, without regard to fiscal year, for the purposes of this article and Sections 14169.82 and 14169.83.\n(c) Any amounts of the quality assurance fee collected in excess of the funds required to implement subdivision (b), including any funds recovered under subdivision (d) of Section 14169.61, shall be refunded to general acute care hospitals, pro rata with the amount of quality assurance fee paid by the hospital, subject to the limitations of federal law. If federal rules prohibit the refund described in this subdivision, the excess funds shall be used as quality assurance fees for the next program period for general acute care hospitals, pro rata with the amount of quality assurance fees paid by the hospital for the program period.\n(d) Any methodology or other provision specified in this article may be modified by the department, in consultation with the hospital community, to the extent necessary to meet the requirements of federal law or regulations to obtain federal approval or to enhance the probability that federal approval can be obtained, provided the modifications do not violate the spirit, purposes, and intent of this article and are not inconsistent with the conditions of implementation set forth in Section 14169.72. The department shall notify the Joint Legislative Budget Committee and the fiscal and appropriate policy committees of the Legislature 30 days prior to implementation of a modification pursuant to this subdivision.\n(e) The department, in consultation with the hospital community, shall make adjustments, as necessary, to the amounts calculated pursuant to Section 14169.52 in order to ensure compliance with the federal requirements set forth in Section 433.68 of Title 42 of the Code of Federal Regulations or elsewhere in federal law.\n(f) The department shall request approval from the federal Centers for Medicare and Medicaid Services for the implementation of this article. In making this request, the department shall seek specific approval from the federal Centers for Medicare and Medicaid Services to exempt providers identified in this article as exempt from the fees specified, including the submission, as may be necessary, of a request for waiver of the broad-based requirement, waiver of the uniform fee requirement, or both, pursuant to paragraphs (1) and (2) of subdivision (e) of Section 433.68 of Title 42 of the Code of Federal Regulations.\n(g) (1) For purposes of this subdivision, the following definitions shall apply:\n(A) \u201cActual net benefit\u201d means the net benefit determined by the department for a net benefit period after the conclusion of the net benefit period using payments and grants actually made, and fees actually collected, for the net benefit period.\n(B) \u201cAggregate fees\u201d means the aggregate fees collected from hospitals under this article.\n(C) \u201cAggregate payments\u201d means the aggregate payments and grants made directly or indirectly to hospitals under this article, including payments and grants described in Sections 14169.54, 14169.55, 14169.57, and 14169.58, and subdivision (b) of Section 14169.82.\n(D) \u201cNet benefit\u201d means the aggregate payments for a net benefit period minus the aggregate fees for the net benefit period.\n(E) \u201cNet benefit period\u201d means a subject fiscal year or portion thereof that is in a program period and begins on or after July 1, 2014.\n(F) \u201cPreliminary net benefit\u201d means the net benefit determined by the department for a net benefit period prior to the beginning of that net benefit period using estimated or projected data.\n(2) The amount of funding provided for children\u2019s health care coverage under subdivision (b) for a net benefit period shall be equal to 24 percent of the net benefit for that net benefit period.\n(3) The department shall determine the preliminary net benefit for all net benefit periods in the first program period before July 1, 2014. The department shall determine the preliminary net benefit for all net benefit periods in a subsequent program period before the beginning of the program period.\n(4) The department shall determine the actual net benefit and make the reconciliation described in paragraph (5) for each net benefit period within six months after the date determined by the department pursuant to subdivision (h).\n(5) For each net benefit period, the department shall reconcile the amount of moneys in the fund used for children\u2019s health coverage based on the preliminary net benefit with the amount of the fund that may be used for children\u2019s health coverage under this subdivision based on the actual net benefit. For each net benefit period, any amounts that were in the fund and used for children\u2019s health coverage in excess of the 24 percent of the actual net benefit shall be returned to the fund, and the amount, if any, by which 24 percent of the actual net benefit exceeds 24 percent of the preliminary net benefit shall be available from the fund to the department for children\u2019s health coverage. The department shall notify the Joint Legislative Budget Committee and the fiscal and appropriate policy committees of the Legislature of the results of the reconciliation for each net benefit period pursuant to this paragraph within five working days of performing the reconciliation.\n(6) The department shall make all calculations and reconciliations required by this subdivision in consultation with the hospital community using data that the department determines is the best data reasonably available.\n(h) After consultation with the hospital community, the department shall determine a date upon which substantially all fees have been paid and substantially all supplemental payments, grants, and rate range increases have been made for a program period, which date shall be no later than two years after the end of a program period. After the date determined by the department pursuant to this subdivision, no further supplemental payments shall be made under the program period, and any fees collected with respect to the program period shall be used for a subsequent program period consistent with this section. Nothing in this subdivision shall affect the department\u2019s authority to collect quality assurance fees for a program period after the end of the program period or after the date determined by the department pursuant to this subdivision. The department shall notify the Joint Legislative Budget Committee and fiscal and appropriate policy committees of that date within five working days of the determination.\n(i) Use of the fee proceeds to enhance federal financial participation pursuant to subdivision (b) shall include use of the proceeds to supply the nonfederal share, if any, of payments to hospitals under this article for services provided to individuals who meet the eligibility requirements in Section 1902(a)(10)(A)(i)(VIII) of Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396a(a)(10)(A)(i)(VIII)), and who meet the conditions described in Section 1905(y) of the federal Social Security Act (42 U.S.C. Sec. 1396d(y)) such that expenditures for services provided to the individual are eligible for the enhanced federal medical assistance percentage described in that section.\nSEC. 2.\nSection 14169.75 of the Welfare and Institutions Code is amended to read:\n14169.75.\nNotwithstanding Section 14169.72, this article shall become inoperative on January 1, 2018. A hospital shall not be required to pay the fee after that date unless the fee was owed during the period in which the article was operative, and payments authorized under Section 14169.53 shall not be made unless the payments were owed during the period in which the article was operative.\nSEC. 3.\nThis act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately.\nSEC. 4.\nThis 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:\nIn order to provide continued health care coverage for Californians at the earliest possible time, it is necessary that this bill take effect immediately.","title":""}
{"_id":"c357","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 6060.1.5 is added to the Business and Professions Code, to read:\n6060.1.5.\n(a) In addition to satisfying the requirements in Section 6060, irrespective of the manner or law school in which an applicant acquires his or her legal education, an applicant for admission and a license to practice shall complete at least 50 hours of pro bono legal service prior to admission. The purpose of this pro bono legal service requirement is to supplement the applicant\u2019s legal education with practical legal work experience and expose the applicant to the professional value of pro bono legal service for the public good.\n(b) All qualifying pro bono legal service shall be performed under the supervision of one of the following:\n(1) A member of a law school faculty, including part-time faculty, or an instructor employed by a law school.\n(2) A person with the appropriate licensing to represent the client before the relevant judicial body or government agency, which includes, but is not limited to, an active licensed attorney in good standing.\n(3) An active licensed attorney in good standing.\n(c) For the purposes of this section, the following definitions shall apply:\n(1) \u201cPro bono legal service\u201d means work without compensation from the client who receives the legal service that is designed to benefit the public interest or persons who are indigent or of modest means for one of the individuals, organizations, or programs listed in subdivision (d) that is for one of the following purposes:\n(A) To secure or promote access to justice, including, but not limited to, the protection of civil rights, civil liberties, or public rights.\n(B) To address the economic, health, and social needs of persons who are indigent or of modest means.\n(C) To further the purpose of a charitable, civic, community, governmental, or educational organization where payment of the market rate for legal fees would significantly deplete the organization\u2019s resources or would otherwise be inappropriate.\n(2) \u201cModest means\u201d means low income, very low income, or extremely low income under the official state income limits established by the Department of Housing and Community Development under Section 50093 of the Health and Safety Code or under comparable official state income limits in another United States jurisdiction.\n(3) \u201cAttorney incubator program\u201d means a postgraduate training program that teaches attorneys how to form, develop, and sustain law firms.\n(d) Pro bono legal service shall be performed with or for any of the following:\n(1) A \u201clegal aid organization,\u201d as defined by Section 6159.51, or a qualified legal services project or a qualified support center, as defined in Section 6213.\n(2) A nonprofit organization.\n(3) A charitable, civic, community, governmental, or educational organization.\n(4) An externship, law school clinic or other placement approved for credit hours by a law school, or law school-sponsored project, in which the applicant is assigned work that otherwise meets the criteria of this section.\n(5) A law firm, including a solo practitioner, or other legal services provider where the applicant is assigned work that otherwise meets the criteria of this section.\n(6) A State Bar-certified lawyer referral and information services panel that provides legal services to the indigent or persons of modest means without charge or for less than market rate.\n(7) An attorney incubator program or nonprofit law corporation affiliated with a law school or bar association that provides legal services to the indigent or persons of modest means without charge or for less than market rate.\n(e) Nothing in this section prohibits an applicant from receiving compensation, including, but not limited to, a salary, for performing pro bono legal service that is paid by a person or entity other than the client who receives the pro bono legal service.\n(f) Subject to subdivision (b), the 50 hours of pro bono legal service, or any portion thereof, may be completed in any state or territory of the United States, the District of Columbia, or any foreign country.\n(g) The 50 hours of pro bono legal service shall be provided after the commencement of the applicant\u2019s legal studies, and prior to admission.\n(h) (1) Upon completion of the pro bono legal service requirement, an applicant shall complete a form describing the nature and dates of pro bono legal service and the number of hours completed and submit the form to the State Bar. Both the applicant and the supervising attorney or active judge shall sign the form. The State Bar shall adopt rules for its retention of the certification forms.\n(2) The State Bar may create the form upon which the applicant can report completion of pro bono legal service.\n(i) No applicant may satisfy any part of the 50-hour requirement by participating in any partisan political activities.\n(j) The requirements of this section do not apply to:\n(1) An applicant who is already admitted to practice in any state, territory, or foreign jurisdiction.\n(2) An applicant who has earned a J.D. or its equivalent in a foreign jurisdiction and is qualified to practice without a separate admission process in that jurisdiction.\n(3) An applicant qualifying for admission by completion of an LL.M. degree program.\n(k) (1) Each law school shall publicly disclose on its Internet Web site through a link from the Internet Web site homepage of the law school under \u201cPro Bono Legal Service Requirement for Law Students,\u201d all of the following information:\n(A) A description of the requirements of this section.\n(B) Links to programs available to students at the school and in the local community that provide opportunities for pro bono legal service and allow students to comply with the requirements of this section.\n(C) To the extent practicable, information about times and dates when the programs are open or available to students that have been provided to the law school by the pro bono legal service program.\n(2) Each law school shall provide an initial link to the above information to the State Bar no later than January 1, 2018, and shall maintain updated links to qualifying school and community programs on an annual basis.\n(l) The State Bar shall publicly disclose on its Internet Web site, with a link from the \u201cFuture Lawyers\u201d or \u201cAdmissions\u201d Internet Web page of the State Bar under \u201cPro Bono Legal Service Requirement for Law Students,\u201d all of the following information:\n(1) A description of the requirements of this section.\n(2) A link to the information described in paragraph (1) of subdivision (k) for each law school in the state that provides its link to that information to the State Bar pursuant to paragraph (2) of subdivision (k).\n(m) Pursuant to rules adopted under subdivision (g), the State Bar shall randomly audit the compliance documentation applicants submit to ensure its consistency with the criteria in paragraph (1) of subdivision (c). This section shall not require the State Bar to audit or investigate any service providers for which work was done by an applicant or to evaluate the substance of any work that was done by an applicant.\n(n) The requirements of this section shall apply to all applicants who enter law school on or after January 1, 2018.","title":""}
{"_id":"c222","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 21178 of the Public Resources Code is amended to read:\n21178.\nThe Legislature finds and declares all of the following:\n(a) The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) requires that the environmental impacts of development projects be identified and mitigated.\n(b) The act also guarantees the public an opportunity to review and comment on the environmental impacts of a project and to participate meaningfully in the development of mitigation measures for potentially significant environmental impacts.\n(c) There are large projects under consideration in various regions of the state that would replace old and outmoded facilities with new job-creating facilities to meet those regions\u2019 needs while also establishing new, cutting-edge environmental benefits to those regions.\n(d) These projects are privately financed or financed from revenues generated from the projects themselves and do not require taxpayer financing.\n(e) These projects further will generate thousands of full-time jobs during construction and thousands of additional permanent jobs once they are constructed and operating.\n(f) These projects also present an unprecedented opportunity to implement nation-leading innovative measures that will significantly reduce traffic, air quality, and other significant environmental impacts, and fully mitigate the greenhouse gas emissions resulting from passenger vehicle trips attributed to the project.\n(g) These pollution reductions will be the best in the nation compared to other comparable projects in the United States.\n(h) The purpose of this chapter is to provide unique and unprecedented streamlining benefits under the California Environmental Quality Act for projects that provide the benefits described above for a limited period of time to put people to work as soon as possible.\nSEC. 2.\nSection 21181 of the Public Resources Code is amended to read:\n21181.\nThis chapter does not apply to a project if the Governor does not certify the project as an environmental leadership development project eligible for streamlining pursuant to this chapter prior to January 1, 2018.\nSEC. 3.\nSection 21183 of the Public Resources Code is amended to read:\n21183.\nThe Governor may certify a leadership project for streamlining pursuant to this chapter if all the following conditions are met:\n(a) The project will result in a minimum investment of one hundred million dollars ($100,000,000) in California upon completion of construction.\n(b) (1) The project creates high-wage, highly skilled jobs that pay prevailing wages and living wages and provide construction jobs and permanent jobs for Californians, and helps reduce unemployment. For purposes of this subdivision, \u201cjobs that pay prevailing wages\u201d means that all construction workers employed in the execution of the project will receive at least the general prevailing rate of per diem wages for the type of work and geographic area, as determined by the Director of Industrial Relations pursuant to Sections 1773 and 1773.9 of the Labor Code. If the project is certified for streamlining, the project applicant shall include this requirement in all contracts for the performance of the work.\n(2) (A) If the project is certified pursuant to this chapter, contractors and subcontractors shall pay to all construction workers employed in the execution of the project at least the general prevailing rate of per diem wages.\n(B) Except as provided in subparagraph (C), the obligation of the contractors and subcontractors to pay prevailing wages pursuant to subparagraph (A) may be enforced by the Labor Commissioner through the issuance of a civil wage and penalty assessment pursuant to Section 1741 of the Labor Code, which may be reviewed pursuant to Section 1742 of the Labor Code, within 18 months after the completion of the project, or by an underpaid worker through an administrative complaint or civil action. If a civil wage and penalty assessment is issued, the contractor, subcontractor, and surety on a bond or bonds issued to secure the payment of wages covered by the assessment shall be liable for liquidated damages pursuant to Section 1742.1 of the Labor Code.\n(C) Subparagraph (B) does not apply if all contractors and subcontractors performing work on the project are subject to a project labor agreement that requires the payment of prevailing wages to all construction workers employed in the execution of the project and provides for enforcement of that obligation through an arbitration procedure. For purposes of this subparagraph, \u201cproject labor agreement\u201d has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.\n(c) The project does not result in any net additional emission of greenhouse gases, including greenhouse gas emissions from employee transportation, as determined by the State Air Resources Board pursuant to Division 25.5 (commencing with Section 38500) of the Health and Safety Code.\n(d) The project applicant has entered into a binding and enforceable agreement that all mitigation measures required pursuant to this division to certify the project under this chapter shall be conditions of approval of the project, and those conditions will be fully enforceable by the lead agency or another agency designated by the lead agency. In the case of environmental mitigation measures, the applicant agrees, as an ongoing obligation, that those measures will be monitored and enforced by the lead agency for the life of the obligation.\n(e) The project applicant agrees to pay the costs of the Court of Appeal in hearing and deciding any case, including payment of the costs for the appointment of a special master if deemed appropriate by the court, in a form and manner specified by the Judicial Council, as provided in the Rules of Court adopted by the Judicial Council pursuant to Section 21185.\n(f) The project applicant agrees to pay the costs of preparing the administrative record for the project concurrent with review and consideration of the project pursuant to this division, in a form and manner specified by the lead agency for the project.\nSEC. 4.\nSection 21184.5 is added to the Public Resources Code, to read:\n21184.5.\n(a) Notwithstanding any other law, except as provided in subdivision (b), a multifamily residential project certified under this chapter shall provide unbundled parking, such that private vehicle parking spaces are priced and rented or purchased separately from dwelling units.\n(b) Subdivision (a) shall not apply if the dwelling units are subject to affordability restrictions in law that prescribe rent or sale prices, and the cost of parking spaces cannot be unbundled from the cost of dwelling units.\nSEC. 5.\nSection 21189.1 of the Public Resources Code is amended to read:\n21189.1.\nIf, prior to January 1, 2019, a lead agency fails to approve a project certified by the Governor pursuant to this chapter, then the certification expires and is no longer valid.\nSEC. 6.\nSection 21189.3 of the Public Resources Code is amended to read:\n21189.3.\nThis chapter shall remain in effect until January 1, 2019, and as of that date is repealed unless a later enacted statute extends or repeals that date.\nSEC. 7.\nNo reimbursement is required by this act pursuant to Section 6 of Article XIII\u2009B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.\nSEC. 8.\nThis 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:\nIn order to reauthorize the Governor to certify projects as environmental leadership development projects in 2016 and prevent a one-year gap in this authorization, it is necessary that this act take effect immediately.","title":""}
{"_id":"c118","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 1250.8 of the Health and Safety Code is amended to read:\n1250.8.\n(a) Notwithstanding subdivision (a) of Section 127170, the department, upon application of a general acute care hospital that meets all the criteria of subdivision (b), and other applicable requirements of licensure, shall issue a single consolidated license to a general acute care hospital that includes more than one physical plant maintained and operated on separate premises or that has multiple licenses for a single health facility on the same premises. A single consolidated license shall not be issued where the separate freestanding physical plant is a skilled nursing facility or an intermediate care facility, whether or not the location of the skilled nursing facility or intermediate care facility is contiguous to the general acute care hospital unless the hospital is exempt from the requirements of subdivision (b) of Section 1254, or the facility is part of the physical structure licensed to provide acute care.\n(b) The issuance of a single consolidated license shall be based on the following criteria:\n(1) There is a single governing body for all the facilities maintained and operated by the licensee.\n(2) There is a single administration for all the facilities maintained and operated by the licensee.\n(3) There is a single medical staff for all the facilities maintained and operated by the licensee, with a single set of bylaws, rules, and regulations, that prescribe a single committee structure.\n(4) Except as provided otherwise in this paragraph, the physical plants maintained and operated by the licensee which are to be covered by the single consolidated license are located not more than 15 miles apart. If an applicant provides evidence satisfactory to the department that it can comply with all requirements of licensure and provide quality care and adequate administrative and professional supervision, the director may issue a single consolidated license to a general acute care hospital that operates two or more physical plants located more than 15 miles apart under any of the following circumstances:\n(A) One or more of the physical plants is located in a rural area, as defined by regulations of the director.\n(B) One or more of the physical plants provides only outpatient services, as defined by the department.\n(C) One or more of the physical plants is an emergency department, as defined in subdivision (b) of Section 128700.\n(D) If Section 14105.986 of the Welfare and Institutions Code is implemented and the applicant meets all of the following criteria:\n(i) The applicant is a nonprofit corporation.\n(ii) The applicant is a children\u2019s hospital listed in Section 10727 of the Welfare and Institutions Code.\n(iii) The applicant is affiliated with a major university medical school and located adjacent thereto.\n(iv) The applicant operates a regional tertiary care facility.\n(v) One of the physical plants is located in a county that has a consolidated and county government structure.\n(vi) One of the physical plants is located in a county having a population between 1,000,000 and 2,000,000.\n(vii) The applicant is located in a city with a population between 50,000 and 100,000.\n(c) In issuing the single consolidated license, the state department shall specify the location of each supplemental service and the location of the number and category of beds provided by the licensee. The single consolidated license shall be renewed annually.\n(d) To the extent required by Chapter 1 (commencing with Section 127125) of Part 2 of Division 107, a general acute care hospital that has been issued a single consolidated license:\n(1) Shall not transfer from one facility to another a special service described in Section 1255 without first obtaining a certificate of need.\n(2) Shall not transfer, in whole or in part, from one facility to another, a supplemental service, as defined in regulations of the director pursuant to this chapter, without first obtaining a certificate of need, unless the licensee, 30 days prior to the relocation, notifies the Office of Statewide Health Planning and Development, the applicable health systems agency, and the state department of the licensee\u2019s intent to relocate the supplemental service, and includes with this notice a cost estimate, certified by a person qualified by experience or training to render the estimates, which estimates that the cost of the transfer will not exceed the capital expenditure threshold established by the Office of Statewide Health Planning and Development pursuant to Section 127170.\n(3) Shall not transfer beds from one facility to another facility, without first obtaining a certificate of need unless, 30 days prior to the relocation, the licensee notifies the Office of Statewide Health Planning and Development, the applicable health systems agency, and the state department of the licensee\u2019s intent to relocate health facility beds, and includes with this notice both of the following:\n(A) A cost estimate, certified by a person qualified by experience or training to render the estimates, which estimates that the cost of the relocation will not exceed the capital expenditure threshold established by the Office of Statewide Health Planning and Development pursuant to Section 127170.\n(B) The identification of the number, classification, and location of the health facility beds in the transferor facility and the proposed number, classification, and location of the health facility beds in the transferee facility.\nExcept as otherwise permitted in Chapter 1 (commencing with Section 127125) of Part 2 of Division 107, or as authorized in an approved certificate of need pursuant to that chapter, health facility beds transferred pursuant to this section shall be used in the transferee facility in the same bed classification as defined in Section 1250.1, as the beds were classified in the transferor facility.\nHealth facility beds transferred pursuant to this section shall not be transferred back to the transferor facility for two years from the date of the transfer, regardless of cost, without first obtaining a certificate of need pursuant to Chapter 1 (commencing with Section 127125) of Part 2 of Division 107.\n(e) Transfers pursuant to subdivision (d) shall satisfy all applicable requirements of licensure and shall be subject to the written approval, if required, of the state department. The state department may adopt regulations that are necessary to implement this section. These regulations may include a requirement that each facility of a health facility subject to a single consolidated license have an onsite full-time or part-time administrator.\n(f) As used in this section, \u201cfacility\u201d means a physical plant operated or maintained by a health facility subject to a single, consolidated license issued pursuant to this section.\n(g) For purposes of selective provider contracts negotiated under the Medi-Cal program, the treatment of a health facility with a single consolidated license issued pursuant to this section shall be subject to negotiation between the health facility and the California Medical Assistance Commission. A general acute care hospital that is issued a single consolidated license pursuant to this section may, at its option, be enrolled in the Medi-Cal program as a single business address or as separate business addresses for one or more of the facilities subject to the single consolidated license. Irrespective of whether the general acute care hospital is enrolled at one or more business addresses, the department may require the hospital to file separate cost reports for each facility pursuant to Section 14170 of the Welfare and Institutions Code.\n(h) For purposes of the Annual Report of Hospitals required by regulations adopted by the state department pursuant to this part, the state department and the Office of Statewide Health Planning and Development may require reporting of bed and service utilization data separately by each facility of a general acute care hospital issued a single consolidated license pursuant to this section.\n(i) The amendments made to this section during the 1985\u201386 Regular Session of the Legislature pertaining to the issuance of a single consolidated license to a general acute care hospital in the case where the separate physical plant is a skilled nursing facility or intermediate care facility shall not apply to the following facilities:\n(1) A facility that obtained a certificate of need after August 1, 1984, and prior to February 14, 1985, as described in this subdivision. The certificate of need shall be for the construction of a skilled nursing facility or intermediate care facility that is the same facility for which the hospital applies for a single consolidated license, pursuant to subdivision (a).\n(2) A facility for which a single consolidated license has been issued pursuant to subdivision (a), as described in this subdivision, prior to the effective date of the amendments made to this section during the 1985\u201386 Regular Session of the Legislature.\nA facility that has been issued a single consolidated license pursuant to subdivision (a), as described in this subdivision, shall be granted renewal licenses based upon the same criteria used for the initial consolidated license.\n(j) If the state department issues a single consolidated license pursuant to this section, the state department may take any action authorized by this chapter, including, but not limited to, any action specified in Article 5 (commencing with Section 1294), with respect to a facility, or a service provided in a facility, that is included in the consolidated license.\n(k) The eligibility for participation in the Medi-Cal program (Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code) of a facility that is included in a consolidated license issued pursuant to this section, provides outpatient services, and is located more than 15 miles from the health facility issued the consolidated license shall be subject to a determination of eligibility by the state department. This subdivision shall not apply to a facility that is located in a rural area and is included in a consolidated license issued pursuant to subparagraphs (A), (B), and (C) of paragraph (4) of subdivision (b). Regardless of whether a facility has received or not received a determination of eligibility pursuant to this subdivision, this subdivision shall not affect the ability of a licensed professional, providing services covered by the Medi-Cal program to a person eligible for Medi-Cal in a facility subject to a determination of eligibility pursuant to this subdivision, to bill the Medi-Cal program for those services provided in accordance with applicable regulations.\n(l) Notwithstanding any other provision of law, the director may issue a single consolidated license for a general acute care hospital to Children\u2019s Hospital Oakland and San Ramon Regional Medical Center.\n(m) Notwithstanding any other provision of law, the director may issue a single consolidated license for a general acute care hospital to Children\u2019s Hospital Oakland and the John Muir Medical Center, Concord Campus.\n(n) (1) To the extent permitted by federal law, payments made to Children\u2019s Hospital Oakland pursuant to Section 14166.11 of the Welfare and Institutions Code shall be adjusted as follows:\n(A) The number of Medi-Cal payment days and net revenues calculated for the John Muir Medical Center, Concord Campus under the consolidated license shall not be used for eligibility purposes for the private hospital disproportionate share hospital replacement funds for Children\u2019s Hospital Oakland.\n(B) The number of Medi-Cal payment days calculated for hospital beds located at\nthe\nJohn Muir Medical Center, Concord Campus that are included in the consolidated license beginning in the 2007\u201308 fiscal year shall only be used for purposes of calculating disproportionate share hospital payments authorized under Section 14166.11 of the Welfare and Institutions Code at Children\u2019s Hospital Oakland to the extent that the inclusion of those days does not exceed the total Medi-Cal payment days used to calculate Children\u2019s Hospital Oakland payments for the 2006\u201307 fiscal year disproportionate share replacement.\n(2) This subdivision shall become inoperative in the event that the two facilities covered under the consolidated license described in subdivision (a) are located within a 15-mile radius of each other.\nSEC. 2.\nSection 1255.15 is added to the Health and Safety Code, to read:\n1255.15.\n(a) If a general acute care hospital (closing hospital) that provides emergency medical services pursuant to Section 1255 is either scheduled for closure or has surrendered its license for suspension or cancellation pursuant to Section 1300, the closing hospital\u2019s emergency medical services may continue to be provided at the same location or locations by another general acute care hospital (acquiring hospital) that has a special permit to offer emergency medical services pursuant to paragraph (3) of subdivision (a) of Section 1255, notwithstanding that basic services are not offered at the closing hospital\u2019s location or locations.\n(b) Pursuant to subdivisions (a) and (b) of Section 1250.8, a single consolidated license shall be issued to the acquiring hospital to permit the continued provision of emergency medical services at the closing hospital\u2019s location or locations if located not more than 15 miles apart from the acquiring hospital.\n(c) Notwithstanding paragraph (4) of subdivision (b) of Section 1250.8, the director shall issue a single consolidated license to the acquiring hospital to permit the continued provision of emergency medical services at the closing hospital\u2019s location or locations, even if located more than 15 miles apart from the acquiring hospital, if the acquiring hospital provides evidence satisfactory to the department that it can comply with all requirements of licensure and provide quality care and adequate administrative and professional supervision.\nSEC. 3.\nSection 128700 of the Health and Safety Code is amended to read:\n128700.\nAs used in this chapter, the following terms mean:\n(a) \u201cAmbulatory surgery procedures\u201d mean those procedures performed on an outpatient basis in the general operating rooms, ambulatory surgery rooms, endoscopy units, or cardiac catheterization laboratories of a hospital or a freestanding ambulatory surgery clinic.\n(b) \u201cEmergency department\u201d means,\nin\nwith respect to\na hospital licensed to provide emergency medical services, the location in which those services are provided.\n(c) \u201cEncounter\u201d means a face-to-face contact between a patient and the provider who has primary responsibility for assessing and treating the condition of the patient at a given contact and exercises independent judgment in the care of the patient.\n(d) \u201cFreestanding ambulatory surgery clinic\u201d means a surgical clinic that is licensed by the state under paragraph (1) of subdivision (b) of Section 1204.\n(e) \u201cHealth facility\u201d or \u201chealth facilities\u201d means all health facilities required to be licensed pursuant to Chapter 2 (commencing with Section 1250) of Division 2.\n(f) \u201cHospital\u201d means all health facilities except skilled nursing, intermediate care, and congregate living health facilities.\n(g) \u201cOffice\u201d means the Office of Statewide Health Planning and Development.\n(h) \u201cRisk-adjusted outcomes\u201d means the clinical outcomes of patients grouped by diagnoses or procedures that have been adjusted for demographic and clinical factors.","title":""}
{"_id":"c112","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 1205 of the Penal Code is amended to read:\n1205.\n(a) A judgment that the defendant pay a fine, with or without other punishment, may also direct that he or she be imprisoned until the fine is satisfied and may further direct that the imprisonment begin at and continue after the expiration of any imprisonment imposed as a part of the punishment or of any other imprisonment to which the defendant may have been sentenced. The judgment shall specify the term of imprisonment for nonpayment of the fine, which shall not be more than one day for each one hundred twenty five dollars ($125) of the fine, nor exceed the term for which the defendant may be sentenced to imprisonment for the offense of which he or she has been convicted. A defendant held in custody for nonpayment of a fine shall be entitled to credit on the fine for each day he or she is held in custody, at the rate specified in the judgment. When the defendant has been convicted of a misdemeanor, a judgment that the defendant pay a fine may also direct that he or she pay the fine within a limited time or in installments on specified dates, and that in default of payment as stipulated he or she be imprisoned in the discretion of the court either until the defaulted installment is satisfied or until the fine is satisfied in full; but unless the direction is given in the judgment, the fine shall be payable.\n(b) Except as otherwise provided in case of fines imposed, as a condition of probation, the defendant shall pay the fine to the clerk of the court, or to the judge if there is no clerk, unless the defendant is taken into custody for nonpayment of the fine, in which event payments made while he or she is in custody shall be made to the officer who holds the defendant in custody, and all amounts paid shall be paid over by the officer to the court that rendered the judgment. The clerk shall report to the court every default in payment of a fine or any part of that fine, or if there is no clerk, the court shall take notice of the default. If time has been given for payment of a fine or it has been made payable in installments, the court shall, upon any default in payment, immediately order the arrest of the defendant and order him or her to show cause why he or she should not be imprisoned until the fine or installment is satisfied in full. If the fine or installment is payable forthwith and it is not paid, the court shall, without further proceedings, immediately commit the defendant to the custody of the proper officer to be held in custody until the fine or installment is satisfied in full.\n(c) This section applies to any violation of any of the codes or statutes of this state punishable by a fine or by a fine and imprisonment.\n(d) Nothing in this section shall be construed to prohibit the clerk of the court, or the judge if there is no clerk, from turning these accounts over to another county department or a collecting agency for processing and collection.\n(e) The defendant shall pay to the clerk of the court or the collecting agency a fee for the processing of installment accounts. This fee shall equal the administrative and clerical costs, as determined by the board of supervisors, or by the court, depending on which entity administers the account. The defendant shall pay to the clerk of the court or the collecting agency the fee established for the processing of the accounts receivable that are not to be paid in installments. The fee shall equal the administrative and clerical costs, as determined by the board of supervisors, or by the court, depending on which entity administers the account, except that the fee shall not exceed thir to any fine, including, but not limited to, base fines, on a proportional basis, that may be imposed, at the rate of not less than one hundred twenty five dollars ($125) per day, or more, in the discretion of the court imposing the sentence. If the total number of days in custody exceeds the number of days of the term of imprisonment to be imposed, the entire term of imprisonment shall be deemed to have been served. In any case where the court has imposed both a prison or jail term of imprisonment and a fine, any days to be credited to the defendant shall first be applied to the term of imprisonment imposed, and thereafter the remaining days, if any, shall be applied to the fine, including, but not limited to, base fines, on a proportional basis.\n(b) For the purposes of this section, credit shall be given only where the custody to be credited is attributable to proceedings related to the same conduct for which the defendant has been convicted. Credit shall be given only once for a single period of custody attributable to multiple offenses for which a consecutive sentence is imposed.\n(c) For the purposes of this section, \u201cterm of imprisonment\u201d includes any period of imprisonment imposed as a condition of probation or otherwise ordered by a court in imposing or suspending the imposition of any sentence, and also includes any term of imprisonment, including any period of imprisonment prior to release on parole and any period of imprisonment and parole, prior to discharge, whether established or fixed by statute, by any court, or by any duly authorized administrative agency.\n(d) It is the duty of the court imposing the sentence to determine the date or dates of any admission to, and release from, custody prior to sentencing and the total number of days to be credited pursuant to this section. The total number of days to be credited shall be contained in the abstract of judgment provided for in Section 1213.\n(e) It is the duty of any agency to which a person is committed to apply the credit provided for in this section for the period between the date of sentencing and the date the person is delivered to the agency.\n(f) If a defendant serves time in a camp, work furlough facility, halfway house, rehabilitation facility, hospital, juvenile detention facility, similar residential facility, or home detention program pursuant to Section 1203.016, 1203.017, or 1203.018, in lieu of imprisonment in a county jail, the time spent in these facilities or programs shall qualify as mandatory time in jail.\n(g) Notwithstanding any other provision of this code as it pertains to the sentencing of convicted offenders, this section does not autho","title":""}
{"_id":"c89","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 11265.8 of the Welfare and Institutions Code is amended to read:\n11265.8.\n(a) All applicants for aid under this chapter, within 30 days of the determination of eligibility for Medi-Cal benefits under Chapter 7 (commencing with Section 14000), and 45 days for applicants already eligible for benefits under Chapter 7 (commencing with Section 14000), and all recipients of aid under this chapter within 45 days of a full or financial redetermination of eligibility for aid under this chapter, shall provide documentation that all children in the assistance unit not required to be enrolled in school have received all age-appropriate immunizations, unless it has been medically determined that an immunization for a child is not appropriate or the applicant or recipient has filed with the county welfare department an affidavit that the immunizations are contrary to the applicant\u2019s or recipient\u2019s beliefs. If the county determines that good cause exists for not providing the required documentation due to lack of reasonable access to immunization services, the period shall be extended by an additional 30 days. If the documentation is not provided within the required time period, the needs of all parents or caretaker relatives in the assistance unit shall not be considered in determining the grant to the assistance unit under Section 11450 until the required documentation is provided. The department shall track and maintain information concerning the number of sanctions imposed under this section.\n(b) At the time of application and at the next redetermination of eligibility for aid under this chapter, all applicants and recipients shall be given notice advising them of their obligation to secure the immunizations required in subdivision (a). The notice shall also contain all of the following:\n(1) The Recommended Childhood Immunization Schedule, United States, and the Recommended Immunization Schedule for Children Not Immunized on Schedule in the First Year of Life, as appropriate, approved by the Advisory Committee on Immunization Practices, the American Academy of Pediatrics, and the American Academy of Family Physicians.\n(2) A description of how to obtain the immunizations through a fee-for-service provider that accepts Medi-Cal, a Medi-Cal managed care plan, a county public health clinic, or any other source that may be available in the county as appropriate.\n(3) A statement that the applicant or recipient may file an affidavit claiming that the immunizations are contrary to the applicant\u2019s or recipient\u2019s beliefs.\n(c) This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed.\nSEC. 2.\nSection 11265.8 is added to the Welfare and Institutions Code, to read:\n11265.8.\n(a) (1) All applicants for, and recipients of, aid under this chapter shall ensure that all children in the assistance unit not required to be enrolled in school have received all age-appropriate immunizations, unless it has been medically determined that an immunization for a child is not appropriate or the applicant or recipient has filed with the county welfare department an affidavit that the immunizations are contrary to the applicant\u2019s or recipient\u2019s beliefs.\n(2) In lieu of initially requesting verification of age-appropriate immunizations, the county may first verify whether each child described in paragraph (1) has received all age-appropriate immunizations by reviewing the California Immunization Registry established pursuant to Section 120440 of the Health and Safety Code. If the registry does not contain records of these immunizations, the county shall require the applicant or recipient to provide documentation that the immunizations have been performed, unless the applicant or recipient has filed an affidavit that the immunizations are contrary to his or her beliefs or has supplied documentation that it has been medically determined that an immunization is not appropriate. This documentation shall be provided within the following time periods:\n(A) Within 30 days of the determination of an applicant\u2019s eligibility for Medi-Cal benefits under Chapter 7 (commencing with Section 14000).\n(B) Within 45 days for an applicant who is already eligible for benefits under Chapter 7 (commencing with Section 14000).\n(C) Within 45 days of a full or financial redetermination of eligibility for aid under this chapter.\n(3) If the county determines that good cause exists for not providing the required documentation due to lack of reasonable access to immunization services, the period shall be extended by an additional 30 days.\n(4) If the documentation is not provided within the time periods set forth in this section, the needs of all parents or caretaker relatives in the assistance unit shall not be considered in determining the grant to the assistance unit under Section 11450 until the required documentation is provided. The department shall track and maintain information concerning the number of sanctions imposed under this section.\n(b) At the time of application and at the next redetermination of eligibility for aid under this chapter, all applicants and recipients shall be given notice advising them of their obligation to secure the immunizations required in subdivision (a). The notice shall also contain all of the following:\n(1) The Recommended Childhood Immunization Schedule, United States, and the Recommended Immunization Schedule for Children Not Immunized on Schedule in the First Year of Life, as appropriate, approved by the Advisory Committee on Immunization Practices, the American Academy of Pediatrics, and the American Academy of Family Physicians.\n(2) A description of how to obtain the immunizations through a fee-for-service provider that accepts Medi-Cal, a Medi-Cal managed care plan, a county public health clinic, or any other source that may be available in the county as appropriate.\n(3) A statement that the applicant or recipient may file an affidavit claiming that the immunizations are contrary to the applicant\u2019s or recipient\u2019s beliefs.\n(c) This section shall become operative on July 1, 2016.\nSEC. 3.\nNo appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for purposes of implementing this act.","title":""}
{"_id":"c211","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 20020 of the Business and Professions Code is amended to read:\n20020.\nExcept as otherwise provided by this chapter, no franchisor may terminate a franchise prior to the expiration of its term, except for good cause. Except as provided in Section 20021, good cause shall be limited to the failure of the franchisee to substantially comply with the lawful requirements imposed upon the franchisee by the franchise agreement after being given notice at least 60 days in advance of the termination and a reasonable opportunity, which in no event shall be less than 60 days from the date of the notice of noncompliance, to cure the failure. The period to exercise the right to cure shall not exceed 75 days unless there is a separate agreement between the franchisor and franchisee to extend the time.\nSEC. 2.\nSection 20021 of the Business and Professions Code is amended to read:\n20021.\nIf during the period in which the franchise is in effect, there occurs any of the following events which is relevant to the franchise, immediate notice of termination without an opportunity to cure, shall be deemed reasonable:\n(a) The franchisee or the business to which the franchise relates has been the subject of an order for relief in bankruptcy, judicially determined to be insolvent, all or a substantial part of the assets thereof are assigned to or for the benefit of any creditor, or the franchisee admits his or her inability to pay his or her debts as they come due;\n(b) The franchisee abandons the franchise by failing to operate the business for five consecutive days during which the franchisee is required to operate the business under the terms of the franchise, or any shorter period after which it is not unreasonable under the facts and circumstances for the franchisor to conclude that the franchisee does not intend to continue to operate the franchise, unless such failure to operate is due to fire, flood, earthquake, or other similar causes beyond the franchisee\u2019s control;\n(c) The franchisor and franchisee agree in writing to terminate the franchise;\n(d) The franchisee makes any material misrepresentations relating to the acquisition of the franchise business or the franchisee engages in conduct which reflects materially and unfavorably upon the operation and reputation of the franchise business or system;\n(e) The franchisee fails, for a period of 10 days after notification of noncompliance, to comply with any federal, state, or local law or regulation, including, but not limited to, all health, safety, building, and labor laws or regulations applicable to the operation of the franchise;\n(f) The franchisee, after curing any failure in accordance with Section 20020 engages in the same noncompliance whether or not such noncompliance is corrected after notice;\n(g) The franchisee repeatedly fails to comply with one or more requirements of the franchise, whether or not corrected after notice;\n(h) The franchised business or business premises of the franchise are seized, taken over, or foreclosed by a government official in the exercise of his or her duties, or seized, taken over, or foreclosed by a creditor, lienholder, or lessor, provided that a final judgment against the franchisee remains unsatisfied for 30 days (unless a supersedeas or other appeal bond has been filed); or a levy of execution has been made upon the license granted by the franchise agreement or upon any property used in the franchised business, and it is not discharged within five days of such levy;\n(i) The franchisee is convicted of a felony or any other criminal misconduct which is relevant to the operation of the franchise;\n(j) The franchisee fails to pay any franchise fees or other amounts due to the franchisor or its affiliate within five days after receiving written notice that such fees are overdue; or\n(k) The franchisor makes a reasonable determination that continued operation of the franchise by the franchisee will result in an imminent danger to public health or safety.\n(l) If the franchise expressly permits termination under such circumstances, there is a lawful termination or nonrenewal of a separate motor fuel franchise governed by provisions of the Petroleum Marketing Practices Act (15 U.S.C. Secs. 2801 to 2807, inclusive) that is operated by the franchisee or affiliate of the franchisee located at the same business premises if both franchises are granted by the same franchisor or an affiliate of the franchisor. \u201cAffiliate\u201d shall have the same meaning as set forth in subdivision (k) of Section 31005.5 of the Corporations Code.\nSEC. 3.\nSection 20022 is added to the Business and Professions Code, to read:\n20022.\n(a) Except as provided in this section, upon a lawful termination or nonrenewal of a franchisee, the franchisor shall purchase from the franchisee, at the value of price paid, minus depreciation, all inventory, supplies, equipment, fixtures, and furnishings purchased or paid for under the terms of the franchise agreement or any ancillary or collateral agreement by the franchisee to the franchisor or its approved suppliers and sources, that are, at the time of the notice of termination or nonrenewal, in the possession of the franchisee or used by the franchisee in the franchise business. The franchisor shall have the right to receive clear title to and possession of all items purchased from the franchisee under this section.\n(b) This section shall not require the franchisor to purchase any personalized items, inventory, supplies, equipment, fixtures, or furnishings not reasonably required to conduct the operation of the franchise business in accordance with the franchise agreement or any ancillary or collateral agreement or to which the franchisee, at the cessation of operation of the franchise business by the franchisee, cannot lawfully, or does not, grant the franchisor clear title and possession upon the franchisor\u2019s payment to the franchisee for the inventory, supplies, equipment, fixtures, or furnishings.\n(c) This section shall not apply when the franchisee declines a bona fide offer of renewal from the franchisor.\n(d) This section shall not apply if the franchisor does not prevent the franchisee from retaining control of the principal place of the franchise business.\n(e) This section shall not apply to any termination or nonrenewal of a franchise due to a publicly announced and nondiscriminatory decision by the franchisor to completely withdraw from all franchise activity within the relevant geographic market area in which the franchise is located. For the purpose of this section \u201crelevant geographic market area\u201d shall have the same meaning as in Section 20999.\n(f) This section shall not apply if the franchisor and franchisee mutually agree in writing to terminate or not renew the franchise.\n(g) This section shall not apply to any inventory, supplies, equipment, fixtures, or furnishings that are sold by the franchisee between the date of the notice of termination or nonrenewal, and the cessation of operation of the franchise business, by the franchisee, pursuant to the termination or nonrenewal.\n(h) Upon the termination or nonrenewal of a franchise, a franchisor may offset against the amounts owed to a franchisee under this section any amounts owed by the franchisee to the franchisor.\nSEC. 4.\nSection 20028 is added to the Business and Professions Code, to read:\n20028.\n(a) It is unlawful for a franchisor to prevent a franchisee from selling or transferring a franchise, all or substantially all of the assets of the franchise business, or a controlling or noncontrolling interest in the franchise business, to another person provided that the person is qualified under the franchisor\u2019s then-existing standards for the approval of new or renewing franchisees, these standards to be made available to the franchisee, as provided in Section 20029, and to be consistently applied to similarly situated franchisees operating within the franchise brand, and the franchisee and the buyer, transferee, or assignee comply with the transfer conditions specified in the franchise agreement.\n(b) Notwithstanding subdivision (a), a franchisee shall not have the right to sell, transfer, or assign the franchise, all or substantially all of the assets of the franchise business, or a controlling or noncontrolling interest in the franchise business, without the written consent of the franchisor, except that the consent shall not be withheld unless the buyer, transferee, or assignee does not meet the standards for new or renewing franchisees described in subdivision (a) or the franchisee and the buyer, transferee, or assignee do not comply with the transfer conditions specified in the franchise agreement.\n(c) This section does not prohibit a franchisor from exercising the contractual right of first refusal to purchase a franchise, all or substantially all of the assets of a franchise business, or a controlling or noncontrolling interest in a franchise business after receipt of a bona fide offer from a proposed purchaser to purchase the franchise, assets, or interest. A franchisor exercising the contractual right of first refusal shall offer the seller payment at least equal to the value offered in the bona fide offer.\n(d) For the purpose of this section \u201cfranchise business\u201d shall include a legal entity that is a party to a franchise agreement.\nSEC. 5.\nSection 20029 is added to the Business and Professions Code, to read:\n20029.\n(a) The franchisee shall, prior to the sale, assignment, or transfer of a franchise, all or substantially all of the assets of a franchise business, or a controlling or noncontrolling interest in the franchise business, to another person, notify the franchisor, of the franchisee\u2019s intent to sell, transfer, or assign the franchise, all or substantially all of the assets of the franchise business, or the controlling or noncontrolling interest in the franchise business. The notice shall be in writing, delivered to the franchisor by business courier or by receipted mail and include all of the following:\n(1) The proposed transferee\u2019s name and address.\n(2) A copy of all agreements related to the sale, assignment, or transfer of the franchise, the assets of the franchise business, or the interest in the franchise business.\n(3) The proposed transferee\u2019s application for approval to become the successor franchisee. The application shall include all forms, financial disclosures, and related information generally utilized by the franchisor in reviewing prospective new franchisees, if those forms are readily made available to the existing franchisee. If the forms are not readily available, the franchisee shall request and the franchisor shall deliver the forms to the franchisee by business courier or receipted mail within 15 calendar days. As soon as practicable after the receipt of the proposed transferee\u2019s application, the franchisor shall notify, in writing, the franchisee and the proposed transferee of any additional information or documentation necessary to complete the transfer application. If the franchisor\u2019s then-existing standards for the approval of new or renewing franchisees are not readily available to the franchisee when the franchisee notifies the franchisor of the franchisee\u2019s intent to sell, transfer, or assign the franchise, the assets of the franchise business, or the controlling or noncontrolling interest in the franchise business, the franchisor shall communicate the standards to the franchisee within 15 calendar days.\n(b) (1) The franchisor shall, within 60 days after the receipt of all of the necessary information and documentation required pursuant to subdivision (a), or as specified by written agreement between the franchisor and the franchisee, notify the franchisee of the approval or disapproval of the proposed sale, assignment, or transfer. The notice shall be in writing and shall be delivered to the franchisee by business courier or receipted mail. A proposed sale, assignment, or transfer shall be deemed approved, unless disapproved by the franchisor in the manner provided by this subdivision. If the proposed sale, assignment, or transfer is disapproved, the franchisor shall include in the notice of disapproval a statement setting forth the reasons for the disapproval.\n(2) In any action in which the franchisor\u2019s disapproval of a sale, assignment, or transfer pursuant to this subdivision is an issue, the reasonableness of the franchisor\u2019s decision shall be a question of fact requiring consideration of all existing circumstances. For purposes of this paragraph, the finder of fact may be an arbitrator specified in the franchise agreement and who satisfies the requirements of Section 20040. Nothing in this paragraph shall prohibit summary judgment when the reasonableness of transfer approval or disapproval can be decided as a matter of law.\n(3) This section does not require a franchisor to exercise a contractual right of first refusal.\n(c) This section does not prohibit a franchisor from exercising the contractual right of first refusal to purchase a franchise, all or substantially all of the assets of a franchise business, or a controlling or noncontrolling interest in a franchise business after receipt of a bona fide offer from a proposed purchaser to purchase the franchise, assets, or interest. Any franchisor exercising the contractual right of first refusal shall offer the seller payment at least equal to the value offered in the bona fide offer.\n(d) For the purpose of this section \u201cfranchise business\u201d shall include a legal entity that is a party to a franchise agreement.\nSEC. 6.\nThe heading of Article 6 (commencing with Section 20035) of Chapter 5.5 of Division 8 of the Business and Professions Code is amended to read:\nArticle  6. Remedies\nSEC. 7.\nSection 20035 of the Business and Professions Code is repealed.\nSEC. 8.\nSection 20035 is added to the Business and Professions Code, to read:\n20035.\n(a) In the event a franchisor terminates or fails to renew a franchisee, in violation of this chapter, the franchisee shall be entitled to receive from the franchisor the fair market value of the franchised business and franchise assets and any other damages caused by the violation of this chapter.\n(b) A court may grant preliminary and permanent injunctions for a violation or threatened violation of this chapter.\nSEC. 9.\nSection 20036 of the Business and Professions Code is amended to read:\n20036.\nThe franchisor may offset against any remedies made pursuant to Section 20035 any prior recovery by the franchisee pursuant to Section 20022 and any sums owed the franchisor or its subsidiaries by the franchisee pursuant to the franchise or any ancillary agreement.\nSEC. 10.\nSection 20041 of the Business and Professions Code is amended to read:\n20041.\n(a) Except as provided in subdivision (b), the provisions of this chapter shall apply only to franchises granted or renewed on or after January 1, 1981, or to franchises of an indefinite duration that may be terminated by the franchisee or franchisor without cause.\n(b) The amendments to this chapter made by the act adding this subdivision shall apply only to franchise agreements entered into or renewed on or after January 1, 2016, or to franchises of an indefinite duration that may be terminated by the franchisee or franchisor without cause.","title":""}
{"_id":"c200","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 19322 of the Business and Professions Code is amended to read:\n19322.\n(a) A person shall not submit an application for a state license issued by a licensing authority pursuant to this chapter unless that person has received a license, permit, or authorization from the local jurisdiction. An applicant for any type of state license issued pursuant to this chapter shall do all of the following:\n(1) Electronically submit to the Department of Justice fingerprint images and related information required by the Department of Justice for the purpose of obtaining information as to the existence and content of a record of state or federal convictions and arrests, and information as to the existence and content of a record of state or federal convictions and arrests for which the Department of Justice establishes that the person is free on bail or on his or her own recognizance, pending trial or appeal.\n(A) The Department of Justice shall provide a response to the licensing authority pursuant to paragraph (1) of subdivision (p) of Section 11105 of the Penal Code.\n(B) The licensing authority shall request from the Department of Justice subsequent notification service, as provided pursuant to Section 11105.2 of the Penal Code, for applicants.\n(C) The Department of Justice shall charge the applicant a fee sufficient to cover the reasonable cost of processing the requests described in this paragraph.\n(2) Provide documentation issued by the local jurisdiction in which the proposed business is operating certifying that the applicant is or will be in compliance with all local ordinances and regulations.\n(3) Provide evidence of the legal right to occupy and use the proposed location. For an applicant seeking a cultivator, distributor, manufacturing, testing, transporter, or dispensary license, provide a statement from the owner of real property or their agent where the cultivation, distribution, manufacturing, testing, transport, or dispensing of commercial medical cannabis activities will occur, as proof to demonstrate the landowner has acknowledged and consented to permit cultivation, distribution, manufacturing, testing, transport, or dispensary activities to be conducted on the property by the tenant applicant.\n(4) If the application is for a cultivator or a dispensary, provide evidence that the proposed location is located beyond at least a 600-foot radius from a school, as required by Section 11362.768 of the Health and Safety Code.\n(5) Provide a statement, signed by the applicant under penalty of perjury, that the information provided is complete, true, and accurate.\n(6) (A) For an applicant with 20 or more employees, provide a statement that the applicant will enter into, or demonstrate that it has already entered into, and abide by the terms of a labor peace agreement.\n(B) For the purposes of this paragraph, \u201cemployee\u201d does not include a supervisor.\n(C) For purposes of this paragraph, \u201csupervisor\u201d means an individual having authority, in the interest of the licensee, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibility to direct them or to adjust their grievances, or effectively to recommend such action, if, in connection with the foregoing, the exercise of that authority is not of a merely routine or clerical nature, but requires the use of independent judgment.\n(7) Provide the applicant\u2019s valid seller\u2019s permit number issued pursuant to Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code or indicate that the applicant is currently applying for a seller\u2019s permit.\n(8) Provide any other information required by the licensing authority.\n(9) For an applicant seeking a cultivation license, provide a statement declaring the applicant is an \u201cagricultural employer,\u201d as defined in the Alatorre-Zenovich-Dunlap-Berman Agricultural Labor Relations Act of 1975 (Part 3.5 (commencing with Section 1140) of Division 2 of the Labor Code), to the extent not prohibited by law.\n(10) Pay all applicable fees required for licensure by the licensing authority.\n(11) Provide proof of a bond to cover the costs of destruction of medical cannabis or medical cannabis products if necessitated by a violation of licensing requirements.\n(b) For applicants seeking licensure to cultivate, distribute, manufacture, test, or dispense medical cannabis or medical cannabis products, the application shall also include a detailed description of the applicant\u2019s operating procedures for all of the following, as required by the licensing authority:\n(1) Cultivation.\n(2) Extraction and infusion methods.\n(3) The transportation process.\n(4) Inventory procedures.\n(5) Quality control procedures.\n(6) Security protocols.\n(c) On and after July 1, 2018, an applicant with 20 or more employees shall attest on the application that the applicant will implement an employee training program approved by the licensing authority within one year of licensure, pursuant to Section 19326.5.\nSEC. 2.\nSection 19323 of the Business and Professions Code is amended to read:\n19323.\n(a) A licensing authority shall deny an application if the applicant or the premises for which a state license is applied does not qualify for licensure under this chapter or the rules and regulations for the state license.\n(b) A licensing authority may deny an application for licensure or renewal of a state license, or issue a conditional license, if any of the following conditions apply:\n(1) Failure to comply with the provisions of this chapter or any rule or regulation adopted pursuant to this chapter, including, but not limited to, any requirement imposed to protect natural resources, instream flow, and water quality pursuant to subdivision (a) of Section 19332.\n(2) Conduct that constitutes grounds for denial of licensure pursuant to Chapter 2 (commencing with Section 480) of Division 1.5.\n(3) The applicant has failed to provide information required by the licensing authority.\n(4) The applicant or licensee has been convicted of an offense that is substantially related to the qualifications, functions, or duties of the business or profession for which the application is made, except that if the licensing authority determines that the applicant or licensee is otherwise suitable to be issued a license and granting the license would not compromise public safety, the licensing authority shall conduct a thorough review of the nature of the crime, conviction, circumstances, and evidence of rehabilitation of the applicant, and shall evaluate the suitability of the applicant or licensee to be issued a license based on the evidence found through the review. In determining which offenses are substantially related to the qualifications, functions, or duties of the business or profession for which the application is made, the licensing authority shall include, but not be limited to, the following:\n(A) A felony conviction for the illegal possession for sale, sale, manufacture, transportation, or cultivation of a controlled substance.\n(B) A violent felony conviction, as specified in subdivision (c) of Section 667.5 of the Penal Code.\n(C) A serious felony conviction, as specified in subdivision (c) of Section 1192.7 of the Penal Code.\n(D) A felony conviction involving fraud, deceit, or embezzlement.\n(5) The applicant, or any of its officers, directors, or owners, is a licensed physician making patient recommendations for medical cannabis pursuant to Section 11362.7 of the Health and Safety Code.\n(6) The applicant or any of its officers, directors, or owners has been subject to fines or penalties for cultivation or production of a controlled substance on public or private lands pursuant to Section 12025 or 12025.1 of the Fish and Game Code.\n(7) The applicant, or any of its officers, directors, or owners, has been sanctioned by a licensing authority or a city, county, or city and county for unlicensed commercial cannabis activities or has had a license revoked under this chapter in the three years immediately preceding the date the application is filed with the licensing authority.\n(8) Failure to obtain and maintain a valid seller\u2019s permit required pursuant to Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code.\n(9) The applicant or any of its officers, directors, owners, employees, or authorized agents have failed to comply with any operating procedure required pursuant to subdivision (b) of Section 19322.\n(10) Conduct that constitutes grounds for disciplinary action pursuant to this chapter.\n(c) On and after July 1, 2018, the licensing authority shall deny an application of an applicant with 20 or more employees unless the applicant attests on the application that the applicant will implement an employee training program approved by the licensing authority within one year of licensure, pursuant to Section 19326.5.\nSEC. 3.\nSection 19326.5 is added to the Business and Professions Code, to read:\n19326.5.\n(a) A licensee shall implement an employee training program to educate, inform, and train the licensee\u2019s employees on compliance with this chapter. A licensee may employ or contract with a third-party provider to provide the employee training program. An employee training program shall include, but is not limited to, training on applicable statutory requirements, industry best practices, occupational health and safety standards, and workplace protections.\n(b) (1) Each licensing authority shall adopt standards for the approval of employee training programs. Those standards shall prohibit approval of an employee training program provided by or through an apprenticeship program approved by the Chief of the Division of Apprenticeship Standards.\nThose standards shall also prohibit employee training programs provided by licensees except when a licensee provides a training program to its own employees.\n(2) A licensing authority may approve a workplace training organization as a third-party provider of an employee training program. For purposes of this paragraph, a \u201cworkplace training organization\u201d is a labor union organization representing wage earners or salaried employees for mutual aid and protection and for dealing collectively with cannabis employers. A licensing authority shall not be limited to approving workplace training organizations as third-party providers of employee training\nprograms.\nprograms\n; however, a licensing authority shall not approve a third-party provider of an employee training program if the provider is a licensee, except as provided in paragraph (1).\n(c) A licensing authority shall revoke the license of any licensee with 20 or more employees that fails to implement an employee training program as required by this section within one year of licensure.\n(d) Each licensing authority shall charge a fee for approving an employee training program. Revenues collected pursuant to this subdivision shall be deposited in the appropriate fee account within the Medical\nMarijuana\nCannabis\nRegulation and Safety Act Fund established pursuant to Section\n19350.\n19351.\nTotal fees assessed shall not exceed the reasonable regulatory costs. Each licensing authority may adjust fees as needed, but no more than once per year, to generate sufficient revenue to cover the costs of employee training program approval.\n(e) This section shall become operative on July 1, 2018.\nSEC. 4.\nNo reimbursement is required by this act pursuant to Section 6 of Article XIII\u2009B 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\u2009B of the California Constitution.","title":""}
{"_id":"c358","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 6100 of the Fish and Game Code is amended to read:\n6100.\n(a)  Notwithstanding any provision of Article 3 (commencing with Section 5980) and Article 4 (commencing with Section 6020), on or after January 1, 1972, any new diversion of water from any stream having populations of salmon and steelhead that is determined by the department to be deleterious to salmon and steelhead shall be screened by the owner. The construction, operation, or maintenance costs of any screen required pursuant to this article shall be borne by the owner of the diversion.\n(b) The department within 30 days of providing written notice to the owner that the department has determined that the diversion is deleterious to salmon and steelhead pursuant to subdivision (a), or within the time determined by mutual written agreement, shall submit to the owner its proposals as to measures necessary to protect the salmon and steelhead. The department shall notify the owner that it shall make onsite investigation and shall make any other investigation before it shall propose any measures necessary to protect fishlife.\n(c) The department, or any agency of the state, shall provide the owner of the diversion any available information that is required by the owner in order to comply with the provisions of this article.\n(d) The diversion shall not commence until the department has determined that measures necessary to protect fishlife have been incorporated into the plans and construction of the diversion.\nSEC. 2.\nSection 12025.1 is added to the Fish and Game Code, to read:\n12025.1.\n(a) In addition to any penalties imposed by any other law, a person found to have violated Section 5901 shall be liable for a civil penalty of not more than eight thousand dollars ($8,000) for each violation. Each day that a violation of Section 5901 occurs or continues without a good faith effort by the person to cure the violation after receiving notice from the department shall constitute a separate violation.\n(b) All civil penalties imposed or collected by a court for a separate violation pursuant to this section in connection with the production or cultivation of a controlled substance shall not be considered to be fines or forfeitures, as described in Section 13003, and shall be apportioned in the manner described in subdivision (d) of Section 12025.\n(c) All civil penalties imposed or collected by a court for a separate violation pursuant to this section not in connection with the production or cultivation of a controlled substance shall not be considered to be fines or forfeitures, as described in Section 13003, and shall be apportioned in the following manner:\n(1) Thirty percent shall be distributed to the county in which the violation was committed pursuant to Section 13003. The county board of supervisors shall first use any revenues from those penalties to reimburse the costs incurred by the district attorney or city attorney in investigating and prosecuting the violation.\n(2) (A) Thirty percent shall be distributed to the investigating agency to be used to reimburse the cost of any investigation directly related to the violations described in this section.\n(B) If the department receives reimbursement pursuant to this paragraph for activities funded pursuant to subdivision (f) of Section 4629.6 of the Public Resources Code, the reimbursement funds shall be deposited into the Timber Regulation and Forest Restoration Fund, created by Section 4629.3 of the Public Resources Code, if there is an unpaid balance for a loan authorized by subdivision (f) of Section 4629.6 of the Public Resources Code.\n(3) Forty percent shall be deposited into the Fish and Game Preservation Fund.\n(d) (1) Civil penalties authorized pursuant to subdivision (a) may be imposed administratively by the department according to the procedures described in paragraphs (1) through (4), inclusive, of subdivision (e) of Section 12025.\n(2) The department shall adopt emergency regulations to implement this subdivision in accordance with 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 adoption of these regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare.\n(e) All administrative penalties imposed or collected by the department for a separate violation pursuant to this section in connection with the production or cultivation of a controlled substance shall not be considered to be fines or forfeitures, as described in Section 13003, and shall be deposited according the provisions of subdivision (f) of Section 12025.\n(f) All administrative penalties imposed or collected by the department for a separate violation pursuant to this section not in connection with the production or cultivation of a controlled substance shall not be considered to be fines or forfeitures, as described in Section 13003, and shall be deposited into the Timber Regulation and Forest Restoration Fund, created by Section 4629.3 of the Public Resources Code, to repay any unpaid balance of a loan authorized by subdivision (f) of Section 4629.6 of the Public Resources Code. Any remaining funds from administrative penalties collected pursuant to this subdivision shall be apportioned in the following manner:\n(1) Fifty percent shall be deposited into the Fish and Game Preservation Fund.\n(2) Fifty percent shall be deposited into the Timber Regulation and Forest Restoration Fund for grants authorized pursuant to subdivision (h) of Section 4629.6 of the Public Resources Code.\n(g) For purposes of this section, \u201ccontrolled substance\u201d has the same meaning as defined in Section 11007 of the Health and Safety Code.\nSEC. 3.\nSection 12025.2 is added to the Fish and Game Code, to read:\n12025.2.\nThe director or his or her designee may issue a complaint to any person or entity in accordance with Section 1055 of the Water Code alleging a violation of Section 1052 of the Water Code that harms fish and wildlife resources. The complaint is subject to the substantive and procedural requirements set forth in Section 1055 of the Water Code, and the department shall be designated a party to any proceeding before the State Water Resources Control Board regarding a complaint filed pursuant to this section.\nSEC. 4.\nSection 8687.9 is added to the Government Code, to read:\n8687.9.\nFunding and financial assistance provided to local governments in response to an emergency, as that term is used in Section 8558, is not subject to the eligibility restrictions of Section 1782 of the Labor Code.\nSEC. 5.\nSection 4629.6 of the Public Resources Code is amended to read:\n4629.6.\nMoneys deposited in the fund shall, upon appropriation by the Legislature, only be expended for the following purposes:\n(a) To reimburse the State Board of Equalization for its administrative costs associated with the administration, collection, audit, and issuance of refunds related to the lumber products and engineered wood assessment established pursuant to Section 4629.5.\n(b) To pay refunds issued pursuant to Part 30 (commencing with Section 55001) of Division 2 of the Revenue and Taxation Code.\n(c) To support the activities and costs of the department, the Department of Conservation, the Department of Fish and Wildlife, the State Water Resources Control Board, and regional water quality control boards associated with the review of projects or permits necessary to conduct timber operations. On or after July 1, 2013, except for fees applicable for fire prevention or protection within state responsibility area classified lands or timber yield assessments, no currently authorized or required fees shall be charged by the agencies listed in this subdivision for activities or costs associated with the review of a project, inspection and oversight of projects, and permits necessary to conduct timber operations of those departments and boards.\n(d) For transfer to the department\u2019s Forest Improvement Program, upon appropriation by the Legislature, for forest resources improvement grants and projects administered by the department pursuant to Chapter 1 (commencing with Section 4790) and Chapter 2 (commencing with Section 4799.06) of Part 2.5 of Division 4.\n(e) To fund existing restoration grant programs, with priority given to the Fisheries Restoration Grant Program administered by the Department of Fish and Wildlife and grant programs administered by state conservancies.\n(f) (1) As a loan to the Department of Fish and Wildlife for activities to address environmental damage occurring on forest lands resulting from marijuana cultivation. Not more than five hundred thousand dollars ($500,000) may be loaned from the fund in a fiscal year pursuant to this paragraph. This paragraph shall become inoperative on July 1, 2017.\n(2) Any funds deposited into the Timber Regulation and Forest Restoration Fund pursuant to subdivision (d) or (f) of Section 12025 or subdivision (b), (c), (e), or (f) of Section 12025.1 of the Fish and Game Code shall be credited toward loan repayment.\n(3) Moneys from the General Fund shall not be used to repay a loan authorized pursuant to this subdivision.\n(g) To the department, upon appropriation by the Legislature, for fuel treatment grants and projects pursuant to authorities under the Wildland Fire Protection and Resources Management Act of 1978 (Article 1 (commencing with Section 4461) of Chapter 7 of Part 2 of Division 4).\n(h) To the department, upon appropriation by the Legislature, to provide grants to local agencies responsible for fire protection, qualified nonprofits, recognized tribes, local and state governments, and resources conservation districts, undertaken on a state responsibility area (SRA) or on wildlands not in an SRA that pose a threat to the SRA, to reduce the costs of wildland fire suppression, reduce greenhouse gas emissions, promote adaptation of forested landscapes to changing climate, improve forest health, and protect homes and communities.\nSEC. 6.\nSection 189 is added to the Water Code, to read:\n189.\n(a) There is hereby established the Office of Sustainable Water Solutions within the state board, which may be administered by the state board as a separate organizational unit or within the state board\u2019s divisions or offices.\n(b) The purpose of the office is to promote permanent and sustainable drinking water and wastewater treatment solutions to ensure the effective and efficient provision of safe, clean, affordable, and reliable drinking water and wastewater treatment services. In furtherance of this purpose, the office may take, but is not limited to, all of the following actions:\n(1) Coordinating with and providing assistance to small drinking water systems, wastewater treatment systems, and disadvantaged communities without drinking water or wastewater treatment systems.\n(2) Promoting and facilitating regional drinking water and wastewater projects.\n(3) Promoting and facilitating regional solutions, including consolidation of existing water districts, expansion of existing water districts to serve communities unserved by public water systems and wastewater treatment systems, and extension of services to underserved communities and disadvantaged communities.\n(4) Advancing the delivery of affordable, safe drinking water to disadvantaged communities throughout the state.\n(5) Providing technical assistance to disadvantaged communities and small drinking water systems and wastewater systems, including grant application assistance, outreach and education in vulnerable communities, financial management support, and facilitation of discussions within and between communities.\nSEC. 7.\nSection 13442 of the Water Code is amended to read:\n13442.\n(a) Upon application by an eligible entity, as described in subdivision (b), the state board may approve the payment of moneys from the account to that entity to assist in cleaning up a waste, abating the effects of a waste on waters of the state, or addressing an urgent drinking water need without regard to whether the need for drinking water is a result of the discharge of waste.\n(b) An entity is eligible to apply for funding pursuant to this section if that entity has authority to undertake the activity for which it seeks moneys and the entity is any of the following:\n(1) A public agency.\n(2) A tribal government that is on the California Tribal Consultation List maintained by the Native American Heritage Commission and is a disadvantaged community, as defined in Section 79505.5, that agrees to waive tribal sovereign immunity for the explicit purpose of regulation by the state board pursuant to this division.\n(3) A not-for-profit organization serving a disadvantaged community, as defined in Section 79505.5.\n(4) A community water system, as defined in Section 116275 of the Health and Safety Code, that serves a disadvantaged community, as defined in Section 79505.5.\n(c) An eligible entity shall not become liable to the state board for repayment of moneys paid to the entity under this section and expended in accordance with the state board\u2019s approval of payment, but this shall not be a defense to an action brought pursuant to subdivision (c) of Section 13304 for the recovery of moneys paid under this section.\n(d) Projects using moneys that are paid to an eligible entity pursuant to this section shall be exempt from state contracting and procurement requirements set forth in the Government Code and the Public Contract Code to the extent necessary to take immediate action to protect public health and safety.\n(e) The state board may adopt guidelines for the allocation and administration of these moneys that shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.\n(f) This section shall become inoperative on July 1, 2018, and, as of January 1, 2019, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2019, deletes or extends the dates on which it becomes inoperative and is repealed.\nSEC. 8.\nSection 13442 is added to the Water Code, to read:\n13442.\n(a) Upon application by a public agency, a tribal government that is on the California Tribal Consultation List maintained by the Native American Heritage Commission and is a disadvantaged community, as defined in Section 79505.5, that agrees to waive tribal sovereign immunity for the explicit purpose of regulation by the state board pursuant to this division, or a not-for-profit organization serving a disadvantaged community, as defined in Section 79505.5, with authority to clean up a waste or abate the effects of a waste, the state board may order moneys to be paid from the account to the agency, tribal government, or organization to assist it in cleaning up the waste or abating its effects on waters of the state.\n(b) The agency, a tribal government that is on the California Tribal Consultation List maintained by the Native American Heritage Commission and is a disadvantaged community, as defined in Section 79505.5, that agrees to waive tribal sovereign immunity for the explicit purpose of regulation by the state board pursuant to this division, or a not-for-profit organization serving a disadvantaged community, as defined in Section 79505.5, shall not become liable to the state board for repayment of moneys paid under this section, but this shall not be a defense to an action brought pursuant to subdivision (c) of Section 13304 for the recovery of moneys paid under this section.\n(c) This section shall become operative on July 1, 2018.\nSEC. 9.\nSection 81023 is added to the Water Code, to read:\n81023.\nConsistent with Division 26.7 (commencing with Section 79700), the sum of ten million dollars ($10,000,000) of the proceeds of bonds authorized to be issued and available for the purposes of Section 79746 shall be transferred to the fund and used by the department, upon appropriation, for loans for the following water conservation and water use efficiency projects and programs to achieve urban water use targets developed pursuant to Section 10608.20:\n(a) (1) Five million dollars ($5,000,000) for a pilot project for local agencies to provide water efficiency upgrades to eligible residents at no upfront cost.\n(2) Five million dollars ($5,000,000) for local agencies to provide low-interest loans to customers to finance the installation of onsite improvements to repair or replace, as necessary, cracked or leaking water pipes to conserve water.\n(b) The department may implement this section by providing to a local agency a zero-interest loan of up to three million dollars ($3,000,000).\n(c) A local agency that receives a loan pursuant to this section shall exercise reasonable efforts to recover the costs of the loan. However, the department may waive up to 10 percent of the repayment amount for costs that could not be recovered by the local agency.\n(d) The department and a local agency that is an urban retail water supplier and that receives a loan pursuant to this section may enter into a mutually agreeable schedule for making loan repayments into the CalConserve Water Use Efficiency Revolving Fund.\nSEC. 10.\nSection 81046 of the Water Code is amended to read:\n81046.\nA local agency may implement water use efficiency loan programs pursuant to this division through on-bill financing.\nSEC. 11.\n(a) In order to ensure that equipment and services necessary for drought response can be procured quickly, the provisions of the Government Code and the Public Contract Code applicable to state contracts, including, but not limited to, advertising and competitive bidding requirements, are suspended for purposes of state agencies implementing Executive Order B-28-14 and the proclamations of a state of emergency dated January 17, 2014, and April 25, 2014, as long as the state of emergency due to drought conditions remains in effect.\n(b) The suspensions provided in subdivision (a) apply only to contracts that respond to conditions arising from the drought and that support the state agencies in any of the following:\n(1) Addressing impacts on human health and safety, including providing or improving availability of food, water, or shelter.\n(2) Addressing impacts on fish and wildlife resources.\n(3) Providing water to persons or communities affected by the drought.\n(c) Approval by the Department of Finance is required prior to the execution of any contract entered into pursuant to this section.\n(d) Information related to a contract approved pursuant to this section shall be posted on the California Drought Internet Web site, including identification of the contracting agency, the contractor, the contract amount, the contract duration, and a brief description of the goods or services provided under the contract.\nSEC. 12.\nAn agency receiving moneys from one or more sources as appropriated pursuant to either Senate Bill 75 or Assembly Bill 91 of the 2015\u201316 Regular Session shall use, whenever feasible, the services of the California Conservation Corps or a certified community conservation corps, as defined under Section 14507.5 of the Public Resources Code, for restoration, ecosystem protection projects, or other similar work.\nSEC. 13.\nThis act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately.","title":""}
{"_id":"c480","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nThe heading of Chapter 4.3 (commencing with Section 18259) of Part 6 of Division 9 of the Welfare and Institutions Code is amended to read:\nCHAPTER  4.3. Sexually Exploited Minors Program\nSEC. 2.\nSection 18259 of the Welfare and Institutions Code is amended to read:\n18259.\n(a) The County of Alameda, contingent upon local funding, may establish a project consistent with this chapter to develop a comprehensive, replicative, multidisciplinary model to address the needs and effective treatment of commercially sexually exploited minors who have been arrested or detained by local law enforcement for a violation of subdivision (a) or (b) of Section 647 or subdivision (a) of Section 653.22 of the Penal Code, or who have been adjudged a dependent of the juvenile court pursuant to paragraph (2) of subdivision (b) of Section 300.\n(b) The District Attorney of the County of Alameda, in collaboration with the county child welfare agency, county probation, sheriff, and community-based agencies, may develop, as a component of the program described in this chapter, protocols for identifying and assessing minors, upon arrest or detention by law enforcement, who may be victims of commercial sexual exploitation. The protocol shall include the process for how to make a report to the county child welfare agency if there is reason to believe the minor is a person described in Section 300. The protocol shall also include the process for the child welfare agency to investigate the report pursuant to Section 328.\n(c) The District Attorney of the County of Alameda, in collaboration with the county child welfare agency, county probation, sheriff, and community-based agencies that serve commercially sexually exploited minors, may develop, as a component of the program described in this chapter, a diversion program reflecting the best practices to address the needs and requirements of minors who have been determined to be victims of commercial sexual exploitation.\n(d) The District Attorney of the County of Alameda, in collaboration with the county and community-based agencies, may form, as a component of the program described in this chapter, a multidisciplinary team including, but not limited to, city police departments, the county sheriff\u2019s department, the public defender\u2019s office, the probation department, child protection services, and community-based organizations that work with or advocate for commercially sexually exploited minors, to do both of the following:\n(1) Develop a training curriculum reflecting the best practices for identifying and assessing minors who may be victims of commercial sexual exploitation.\n(2) Offer and provide this training curriculum through multidisciplinary teams to law enforcement, child protective services, and others who are required to respond to arrested or detained minors who may be victims of commercial sexual exploitation.\nSEC. 3.\nSection 18259.1 of the Welfare and Institutions Code is repealed.\nSEC. 4.\nSection 18259.3 of the Welfare and Institutions Code is amended to read:\n18259.3.\n(a) For purposes of this chapter, \u201ccommercially sexually exploited minor\u201d means a person under 18 years of age who is described by one or more of the following:\n(1) Has been abused in the manner described in paragraph (2) of subdivision (c) of Section 11165.1 of the Penal Code, and who has been detained for a violation of the law or placed in civil protective custody on a safety hold based only on a violation of subdivision (a) or (b) of Section 647 of the Penal Code or subdivision (a) of Section 653.22 of the Penal Code.\n(2) Has been adjudged a dependent of the juvenile court pursuant to paragraph (2) of subdivision (b) of Section 300.\n(3) Has been the victim of abduction, as described in Section 267 of the Penal Code.\n(4) Meets the definition of a victim of a severe form of trafficking, as defined in Section 7105 of Title 22 of the United States Code.\n(b) If a minor is arrested or detained for an alleged violation of subdivision (a) or (b) of Section 647 of the Penal Code or of subdivision (a) of Section 653.22 of the Penal Code, or if a minor is the subject of a petition to adjudge him or her a dependent of the juvenile court pursuant to paragraph (2) of subdivision (b) of Section 300, he or she shall be presumed to be a commercially sexually exploited minor, as defined in subdivision (a).\nSEC. 5.\nSection 18259.5 of the Welfare and Institutions Code is repealed.\nSEC. 6.\nThe 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 of the County of Alameda. According to the Office of the Attorney General, there are currently nine regional human trafficking task forces. One of those task forces includes the County of Alameda, which makes it uniquely situated to implement a service model that would produce improved outcomes for youth victims of human trafficking by providing comprehensive intervention and rehabilitation services, as an alternative to traditional prosecution or incarceration, or both.","title":""}
{"_id":"c239","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 23399.45 of the Business and Professions Code is amended to read:\n23399.45.\n(a) For the purposes of this section:\n(1) \u201cCertified farmers\u2019 market\u201d means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code.\n(2) \u201cCommunity event\u201d means an event as defined by Section 113755 of the Health and Safety Code.\n(b) (1) A licensed beer manufacturer may apply to the department for a certified farmers\u2019 market beer sales permit. Subject to the requirements of Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code, and to the discretion and managerial control of a certified farmers\u2019 market or community event operator, respectively, a certified farmers\u2019 market beer sales permit shall authorize the licensee, a member of the licensee\u2019s family who is 21 years of age or older, or an employee of the licensee to sell packaged beer that has been manufactured by a beer manufacturer applying for the permit at a certified farmers\u2019 market, including any permitted community event area adjacent to, and operated in conjunction with, a certified farmers\u2019 market, located within the county or an adjacent county of the physical location of the licensed beer manufacturer.\n(2) (A) A certified farmers\u2019 market beer sales permit shall also authorize an instructional tasting event on the subject of beer at a certified farmers\u2019 market, including any permitted community event area adjacent to, and operated in conjunction with, a certified farmers\u2019 market, located within the county or an adjacent county of the physical location of the licensed beer manufacturer.\n(B) An instructional tasting event is subject to the authorization and managerial control of the applicable operator of the certified farmers\u2019 market or community event. The licensee, a member of the licensee\u2019s family who is 21 years of age or older, or an employee of the licensee may conduct the instructional tasting event.\n(C) At all times during an instructional tasting event, the instructional tasting event area shall be separated from the remainder of the market or community event by a wall, rope, cable, cord, chain, fence, or other permanent or temporary barrier.\n(D) Only one licensed beer manufacturer may conduct an instructional tasting event during the operational hours of any one certified farmers\u2019 market or community event. The licensee shall not pour more than eight ounces of beer per person per day.\n(E) The licensee shall not permit any consumer to leave the instructional tasting area with an open container of beer.\n(c) Sales under the certified farmers\u2019 market beer sales permit shall only occur at a certified farmers\u2019 market or within a permitted community event area adjacent to, and operated in conjunction with, the certified farmers\u2019 market that is located within the same county or adjacent county of the location of the licensed beer manufacturer\u2019s manufacturing facility. The permit may be issued for up to 12 months but shall not be valid for more than one day a week at any single specified certified farmers\u2019 market or community event location. A beer manufacturer may hold more than one permit. The department shall notify the city, county, or city and county and the applicable law enforcement agency where the certified farmers\u2019 market or permitted community event is to be held of the issuance of the permit.\n(d) The licensed beer manufacturer eligible for the certified farmers\u2019 market beer sales permit shall not sell more than 5,000 gallons of beer annually pursuant to all certified farmers\u2019 market beer sales permits held by any single beer manufacturer. The licensed beer manufacturer shall maintain records of annual beer sales made pursuant to all certified farmers\u2019 market beer sales permits issued.\n(e) The fee for any permit issued pursuant to this section shall be fifty dollars ($50), subject to adjustment pursuant to subdivisions (b) and (c) of Section 23320.\n(f) All money collected as fees pursuant to this section shall be deposited in the Alcohol Beverage Control Fund as provided in Section 25761.\nSEC. 2.\nSection 24045.6 of the Business and Professions Code is amended to read:\n24045.6.\n(a) The department may issue a special temporary on-sale or off-sale beer or wine license to any nonprofit corporation that is exempt from payment of income taxes under Section 23701d or 23701e of the Revenue and Taxation Code and Section 501(c)(3) or 501(c)(6) of the Internal Revenue Code. An applicant for this license shall accompany the application with a fee of one hundred dollars ($100).\n(b) This special license shall only entitle the licensee to sell beer or wine bought by, or donated to, the licensee to a consumer and to any person holding a license authorizing the sale of beer or wine. Notwithstanding any other provision of this division, a licensee may donate or sell beer or wine to a nonprofit corporation that obtains a special temporary on-sale or off-sale license under this section, provided that the donation is not made in connection with a sale of an alcoholic beverage.\n(c) This special license shall be for a period not exceeding 15 days. In the event the license under this section is issued for a period exceeding two days, it shall be used solely for retail sales in conjunction with an identifiable fundraising event sponsored or conducted by the licensee and all bottles of beer or wine sold under this license shall bear a label prominently identifying the event. Only three special licenses authorized by this section shall be issued to any corporation in a calendar year.\nSEC. 3.\nSection 25607.5 of the Business and Professions Code is amended to read:\n25607.5.\nA nonprofit corporation that is required to obtain a license to sell beer or wine under Section 23300 may receive and possess beer or wine donated to it if, at the time of receipt of the beer or wine, the nonprofit corporation has submitted an application with the department for a license to sell the donated beer or wine. Nothing in this section is intended to affect or otherwise limit the application of Section 25503.9.","title":""}
{"_id":"c388","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 76000.5 of the Government Code is amended to read:\n76000.5.\n(a) (1) Except as otherwise provided in this section, for purposes of supporting emergency medical services pursuant to Chapter 2.5 (commencing with Section 1797.98a) of Division 2.5 of the Health and Safety Code, in addition to the penalties set forth in Section 76000, the county board of supervisors may elect to levy an additional penalty in the amount of two dollars ($2) for every ten dollars ($10), or part of ten dollars ($10), upon every fine, penalty, or forfeiture imposed and collected by the courts for all criminal offenses, including violations of Division 9 (commencing with Section 23000) of the Business and Professions Code relating to the control of alcoholic beverages, and all offenses involving a violation of the Vehicle Code or a local ordinance adopted pursuant to the Vehicle Code. This penalty shall be collected together with and in the same manner as the amounts established by Section 1464 of the Penal Code.\n(2) This additional penalty does not apply to the following:\n(A) A restitution fine.\n(B) A penalty authorized by Section 1464 of the Penal Code or this chapter.\n(C) A parking offense subject to Article 3 (commencing with Section 40200) of Chapter 1 of Division 17 of the Vehicle Code.\n(D) The state surcharge authorized by Section 1465.7 of the Penal Code.\n(b) Funds shall be collected pursuant to subdivision (a) only if the county board of supervisors provides that the increased penalties do not offset or reduce the funding of other programs from other sources, but that these additional revenues result in increased funding to those programs.\n(c) Moneys collected pursuant to subdivision (a) shall be taken from fines and forfeitures deposited with the county treasurer prior to any division pursuant to Section 1463 of the Penal Code.\n(d) Funds collected pursuant to this section shall be deposited into the Maddy Emergency Medical Services (EMS) Fund established pursuant to Section 1797.98a of the Health and Safety Code.\n(e) This section shall remain in effect until January 1, 2027.\nSEC. 2.\nSection 1797.98a of the Health and Safety Code is amended to read:\n1797.98a.\n(a) The fund provided for in this chapter shall be known as the Maddy Emergency Medical Services (EMS) Fund.\n(b) (1) Each county may establish an emergency medical services fund, upon the adoption of a resolution by the board of supervisors. The moneys in the fund shall be available for the reimbursements required by this chapter. The fund shall be administered by each county, except that a county electing to have the state administer its medically indigent services program may also elect to have its emergency medical services fund administered by the state.\n(2) Costs of administering the fund shall be reimbursed by the fund in an amount that does not exceed the actual administrative costs or 10 percent of the amount of the fund, whichever amount is lower.\n(3) All interest earned on moneys in the fund shall be deposited in the fund for disbursement as specified in this section.\n(4) Each administering agency may maintain a reserve of up to 15 percent of the amount in the portions of the fund reimbursable to physicians and surgeons, pursuant to subparagraph (A) of, and to hospitals, pursuant to subparagraph (B) of, paragraph (5). Each administering agency may maintain a reserve of any amount in the portion of the fund that is distributed for other emergency medical services purposes as determined by each county, pursuant to subparagraph (C) of paragraph (5).\n(5) The amount in the fund, reduced by the amount for administration and the reserve, shall be utilized to reimburse physicians and surgeons and hospitals for patients who do not make payment for emergency medical services and for other emergency medical services purposes as determined by each county according to the following schedule:\n(A) Fifty-eight percent of the balance of the fund shall be distributed to physicians and surgeons for emergency services provided by all physicians and surgeons, except those physicians and surgeons employed by county hospitals, in general acute care hospitals that provide basic, comprehensive, or standby emergency services pursuant to paragraph (3) or (5) of subdivision (f) of Section 1797.98e up to the time the patient is stabilized.\n(B) Twenty-five percent of the fund shall be distributed only to hospitals providing disproportionate trauma and emergency medical care services.\n(C) Seventeen percent of the fund shall be distributed for other emergency medical services purposes as determined by each county, including, but not limited to, the funding of regional poison control centers. Funding may be used for purchasing equipment and for capital projects only to the extent that these expenditures support the provision of emergency services and are consistent with the intent of this chapter.\n(c) The source of the moneys in the fund shall be the penalty assessment made for this purpose, as provided in Section 76000 of the Government Code.\n(d) Any physician and surgeon may be reimbursed for up to 50 percent of the amount claimed pursuant to subdivision (a) of Section 1797.98c for the initial cycle of reimbursements made by the administering agency in a given year, pursuant to Section 1797.98e. All funds remaining at the end of the fiscal year in excess of any reserve held and rolled over to the next year pursuant to paragraph (4) of subdivision (b) shall be distributed proportionally, based on the dollar amount of claims submitted and paid to all physicians and surgeons who submitted qualifying claims during that year.\n(e) Of the money deposited into the fund pursuant to Section 76000.5 of the Government Code, 15 percent shall be utilized to provide funding for all pediatric trauma centers throughout the county, both publicly and privately owned and operated. The expenditure of money shall be limited to reimbursement to physicians and surgeons, and to hospitals for patients who do not make payment for emergency care services in hospitals up to the point of stabilization, or to hospitals for expanding the services provided to pediatric trauma patients at trauma centers and other hospitals providing care to pediatric trauma patients, or at pediatric trauma centers, including the purchase of equipment. Local emergency medical services (EMS) agencies may conduct a needs assessment of pediatric trauma services in the county to allocate these expenditures. Counties that do not maintain a pediatric trauma center shall utilize the money deposited into the fund pursuant to Section 76000.5 of the Government Code to improve access to, and coordination of, pediatric trauma and emergency services in the county, with preference for funding given to hospitals that specialize in services to children, and physicians and surgeons who provide emergency care for children. Funds spent for the purposes of this section shall be known as Richie\u2019s Fund. This subdivision shall remain in effect until January 1, 2027.\n(f) Costs of administering money deposited into the fund pursuant to Section 76000.5 of the Government Code shall be reimbursed from the money collected in an amount that does not exceed the actual administrative costs or 10 percent of the money collected, whichever amount is lower. This subdivision shall remain in effect until January 1, 2027.","title":""}
{"_id":"c338","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 52332 of the Food and Agricultural Code is amended to read:\n52332.\nThe secretary, by regulation, may adopt all of the following:\n(a) A list of the plants and crops that the secretary finds are or may be grown in this state.\n(b) A list of the plants and crops that the secretary finds are detrimental to agriculture if they occur incidentally in other crops, and which, therefore, are classed as weed seed except if sold alone or as a specific constituent of a definite seed mixture.\n(c) A list of noxious weed seed that the secretary finds are prohibited noxious weed seed, as defined in this chapter.\n(d) A list of those noxious weed seed that are not classified as prohibited noxious weed seed and are classified by this chapter as restricted noxious weed seed.\n(e) A list of substances that are likely to be used for treating grain or other crop seed that the secretary finds and determines are toxic to human beings or animals if used, and an appropriate warning or caution statement for each substance.\n(f) (1) (A) Establish methods and procedures, upon the recommendation of the board, for the conciliation, mediation, or arbitration of disputes between labelers and any persons concerning conformance with label statements, advertisements, financial terms or the lack of payment by a dealer to a grower, or other disputes regarding the quality or performance of seed. The methods and procedures shall be a mandatory prerequisite to pursuing other dispute resolution mechanisms, including, but not limited to, litigation. However, if conciliation, mediation, or arbitration proceedings are commenced under this section to resolve a controversy, the statute of limitations that applies to a civil action concerning that controversy is tolled upon commencement of conciliation, mediation, or arbitration proceedings, and until 30 days after the completion of those proceedings. As used in this subdivision, \u201ccompletion of those proceedings\u201d means the filing of a statement of agreement or nonagreement by the conciliator or mediator, or the rendering of a decision by an arbitrator or arbitration committee.\n(B) If a proceeding for the conciliation, mediation, or arbitration of a dispute between a dealer and a grower is commenced under this subdivision for conformance with the financial terms by a dealer to a grower, and the decision in the proceeding is in favor of the grower, the decision may include a provision requiring compensation to the grower for the estimated value of the seed production services a grower provides to a dealer, including, but not limited to, labor, care, and expense in growing and harvesting that product.\n(C) If a dealer fails to comply with the financial obligations of a judgment rendered in a conciliation, mediation, or arbitration proceeding between a dealer and a grower commenced pursuant to this subdivision following the conclusion of all appeals in the proceeding, the secretary may revoke the dealer\u2019s registration and prevent the dealer from renewing his or her registration until the time the financial obligation is fulfilled.\n(2) Conciliation, mediation, or arbitration shall not affect any enforcement action by the secretary pursuant to this chapter. Regulations adopted by the secretary for the mandatory conciliation, mediation, or arbitration of disputes shall require that adequate notice be provided on the seed label notifying any buyer of the requirement to submit a dispute to mandatory conciliation, mediation, or arbitration as a prerequisite to other dispute resolution mechanisms, including litigation.\n(g) Establish additional labeling requirements for coated, pelleted, encapsulated, mat, tape, or any other germination medium or device used on seed in order that the purchaser or consumer will be informed as to the actual amount of seed purchased.\nSEC. 2.\nSection 55631 of the Food and Agricultural Code is amended to read:\n55631.\n(a) Every producer of any farm product that sells any product that is grown by him or her to any processor under contract, express or implied, in addition to all other rights and remedies that are provided for by law, has a lien upon that product and upon all processed or manufactured forms of that farm product for his or her labor, care, and expense in growing and harvesting that product. The lien shall be to the extent of the agreed price, if any, for that product so sold. If there is no agreed price or a method for determining it that is agreed upon, the extent of the lien is the value of the farm product as of the date of the delivery. Any portion of that product or the processed or manufactured forms of that product, in excess of the amount necessary to satisfy the total amount owed to producers under contract, shall be free and clear of that lien.\n(b) Every producer of a flower, agricultural, or vegetable seed that sells seed that is grown by him or her, when the seed was purchased or supplied by the grower and not supplied by the dealer or an independent third party who paid for the seed, to any seed dealer under contract, express or implied, in addition to all other rights and remedies that are provided for by law, has a lien upon that product and upon all processed or manufactured forms of that product for his or her labor, care, and expense in growing and harvesting that product. The lien shall be to the extent of the agreed price, if any, for that product so sold. If there is no agreed price or a method for determining it that is agreed upon, the extent of the lien is the value of that product as of the date of the delivery. Any portion of that product or the processed or manufactured forms of that product, in excess of the amount necessary to satisfy the total amount owed to producers under contract, shall be free and clear of that lien.\nSEC. 3.\nSection 56109 of the Food and Agricultural Code is amended to read:\n56109.\n\u201cFarm product\u201d includes every agricultural, horticultural, viticultural, and vegetable product of the soil, poultry and poultry products, livestock products and livestock not for immediate slaughter, bees and apiary products, hay, dried beans, honey, and cut flowers. It does not, however, include any timber or timber product, flower or agricultural or vegetable seed, any milk product that is subject to the licensing and bonding provisions of Chapter 2 (commencing with Section 61801) of Part 3 of Division 21, any aquacultural product, or cattle sold to any person who is bonded under the federal Packers and Stockyards Act, 1921 (7 U.S.C. Sec. 181, et seq.).\nSEC. 4.\nNo reimbursement is required by this act pursuant to Section 6 of Article XIII\u2009B 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\u2009B of the California Constitution.","title":""}
{"_id":"c131","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 13307 of the Elections Code is amended to read:\n13307.\n(a) (1) Each candidate for nonpartisan elective office in any local agency, including any city, county, city and county, or district, may prepare a candidate\u2019s statement on an appropriate form provided by the elections official. The statement may include the name, age, and occupation of the candidate and a brief description, of no more than 200 words, of the candidate\u2019s education and qualifications expressed by the candidate himself or herself. However, the governing body of the local agency may authorize an increase in the limitations on words for the statement from 200 to 400 words. The statement shall not include the party affiliation of the candidate, nor membership or activity in partisan political organizations.\n(2) The statement authorized by this subdivision shall be filed in the office of the elections official when the candidate\u2019s nomination papers are returned for filing, if it is for a primary election, or for an election for offices for which there is no primary. The statement shall be filed in the office of the elections official no later than the 88th day before the election, if it is for an election for which nomination papers are not required to be fil0 0 1em 0;\">(C) From an institution accredited by a regional or national accrediting agency recognized by the United States Secretary of Education.\n(D) A current voting member in good standing of the American Translators Association.\n(E) A current member in good standing of the American Association of Language Specialists.\n(c) (1) In addition to the statement prepared pursuant to subdivision (a), if the elections official who is conducting the election permits electronic distribution of a candidate\u2019s statement, the governing body of a local agency may permit each candidate for nonpartisan elective office in the local agency to prepare a candidate's statement for the purpose of electronic distribution pursuant to this subdivision.\n(2) A statement prepared pursuant to this subdivision shall be posted on the Internet Web site of the elections official, and may be included in a voter's pamphlet that is electronically distributed by the elections official pursuant to Section 13300.7, but shall not be included in a voter's pamphlet that is printed and mailed to voters pursuant to subdivision (b).\n(3) A statement that is printed in the voter's pamphlet and mailed to voters pursuant to subdivision (b) shall be included with the statement that is prepared and electronically distributed pursuant to this subdivision.\n(4) A statement that is prepared and electronically distributed pursuant to this subdivision shall be displayed in type of uniform size and darkness, and with uniform spacing.\n(5) The elections official shall provide a Spanish translation to those candidates who wish to have one, and shall select a person to provide that translation who is one of the persons listed in paragraph (2) of subdivision (b).\n(d) The local agency may estimate the total cost of printing, handling, translating, mailing, and electronically distributing a candidate\u2019s statements filed pursuant to this section, including costs incurred as a result of complying with the federal Voting Rights Act of 1965, as amended. The local agency may require each candidate filing a statement to pay in advance to the local agency his or her estimated pro rata share as a condition of having his or her statement included in the voter\u2019s pamphlet or electronically distributed. In the event the estimated payment is required, the receipt for the payment shall include a written notice that the estimate is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the local agency is not bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expense or refund any excess paid depending on the final actual cost. In the event of underpayment, the local agency may require the candidate to pay the balance of the cost incurred. In the event of overpayment, the local agency that, or the elections official who, collected the estimated cost shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the election.\n(e) Nothing in this section shall be deemed to make any statement, or the authors thereof, free or exempt from any civil or criminal action or penalty because of any false, slanderous, or libelous statements offered for printing or electronic distribution pursuant to this section, or contained in the voter\u2019s pamphlet.\n(f) Before the nominating period opens, the local agency for that election shall determine whether a charge shall be levied against that candidate for the candidate\u2019s statement sent to each voter and, if authorized pursuant to subdivision (c), for the electronically distributed candidate\u2019s statement. This decision shall not be revoked or modified after the seventh day prior to the opening of the nominating period. A written statement of the regulations with respect to charges for handling, packaging, mailing, and electronic distribution shall be provided to each candidate, or his or her representative, at the time he or she picks up the nomination papers.\n(g) For purposes of this section and Section 13310, the board of supervisors shall be deemed the governing body of judicial elections.\nSEC. 2.\nSection 13308 of the Elections Code is amended to read:\n13308.\nIn addition to the restrictions set forth in Section 13307, any candidate\u2019s statement submitted pursuant to Section 13307 shall be limited to a recitation of the candidate\u2019s own personal background and qualifications, and shall not in any way make reference to other candidates for that office or to another candidate\u2019s qualifications, character, or activities. The elections official shall not cause to be printed, posted on an Internet Web site, or circulated any statement that the elections official determines is not so limited or that includes any reference prohibited by this section.\nSEC. 3.\nSection 13312 of the Elections Code is amended to read:\n13312.\n(a) Each voter\u2019s pamphlet prepared pursuant to subdivision (b) of Section 13307 shall contain a notice in the heading of the first page, not smaller than 10-point type, that specifies both of the following:\n(1) That the pamphlet does not contain a complete list of candidates and that a complete list of candidates appears on the sample ballot (if any candidate is not listed in the pamphlet).\n(2) That each candidate\u2019s statement in the pamphlet is volunteered by the candidate and (if printed at the candidate\u2019s expense) is printed at his or her expense.\n(b) If a local agency has authorized each candidate for nonpartisan elective office to prepare a candidate\u2019s statement for the purpose of electronic distribution pursuant to subdivision (c) of Section 13307, and if a candidate has submitted a statement for that purpose, the notice required by subdivision (a) shall specify that additional statements are available on the Internet Web site of the elections official and shall include the Internet Web site address at which the statements may be viewed.","title":""}
{"_id":"c284","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 34171 of the Health and Safety Code is amended to read:\n34171.\nThe following terms shall have the following meanings:\n(a) \u201cAdministrative budget\u201d means the budget for administrative costs of the successor agencies as provided in Section 34177.\n(b) \u201cAdministrative cost allowance\u201d means an amount that, subject to the approval of the oversight board, is payable from property tax revenues of up to 5 percent of the property tax allocated to the successor agency on the Recognized Obligation Payment Schedule covering the period January 1, 2012, through June 30, 2012, and up to 3 percent of the property tax allocated to the Redevelopment Obligation Retirement Fund money that is allocated to the successor agency for each fiscal year thereafter; provided, however, that the amount shall not be less than two hundred fifty thousand dollars ($250,000), unless the oversight board reduces this amount, for any fiscal year or such lesser amount as agreed to by the successor agency. However, the allowance amount shall exclude, and shall not apply to, any administrative costs that can be paid from bond proceeds or from sources other than property tax. Administrative cost allowances shall exclude any litigation expenses related to assets or obligations, settlements and judgments, and the costs of maintaining assets prior to disposition. Employee costs associated with work on specific project implementation activities, including, but not limited to, construction inspection, project management, or actual construction, shall be considered project-specific costs and shall not constitute administrative costs.\n(c) \u201cDesignated local authority\u201d shall mean a public entity formed pursuant to subdivision (d) of Section 34173.\n(d) (1) \u201cEnforceable obligation\u201d means any of the following:\n(A) Bonds, as defined by Section 33602 and bonds issued pursuant to Chapter 10.5 (commencing with Section 5850) of Division 6 of Title 1 of the Government Code, including the required debt service, reserve set-asides, and any other payments required under the indenture or similar documents governing the issuance of the outstanding bonds of the former redevelopment agency. A reserve may be held when required by the bond indenture or when the next property tax allocation will be insufficient to pay all obligations due under the provisions of the bond for the next payment due in the following half of the calendar year.\n(B) Loans of moneys borrowed by the redevelopment agency for a lawful purpose, to the extent they are legally required to be repaid pursuant to a required repayment schedule or other mandatory loan terms.\n(C) Payments required by the federal government, preexisting obligations to the state or obligations imposed by state law, other than passthrough payments that are made by the county auditor-controller pursuant to Section 34183, or legally enforceable payments required in connection with the agencies\u2019 employees, including, but not limited to, pension payments, pension obligation debt service, unemployment payments, or other obligations conferred through a collective bargaining agreement. Costs incurred to fulfill collective bargaining agreements for layoffs or terminations of city employees who performed work directly on behalf of the former redevelopment agency shall be considered enforceable obligations payable from property tax funds. The obligations to employees specified in this subparagraph shall remain enforceable obligations payable from property tax funds for any employee to whom those obligations apply if that employee is transferred to the entity assuming the housing functions of the former redevelopment agency pursuant to Section 34176. The successor agency or designated local authority shall enter into an agreement with the housing entity to reimburse it for any costs of the employee obligations.\n(D) Judgments or settlements entered by a competent court of law or binding arbitration decisions against the former redevelopment agency, other than passthrough payments that are made by the county auditor-controller pursuant to Section 34183. Along with the successor agency, the oversight board shall have the authority and standing to appeal any judgment or to set aside any settlement or arbitration decision.\n(E) Any legally binding and enforceable agreement or contract that is not otherwise void as violating the debt limit or public policy. However, nothing in this act shall prohibit either the successor agency, with the approval or at the direction of the oversight board, or the oversight board itself from terminating any existing agreements or contracts and providing any necessary and required compensation or remediation for such termination. Titles of or headings used on or in a document shall not be relevant in determining the existence of an enforceable obligation.\n(F) Contracts or agreements necessary for the administration or operation of the successor agency, in accordance with this part, including, but not limited to, agreements concerning litigation expenses related to assets or obligations, settlements and judgments, and the costs of maintaining assets prior to disposition, and agreements to purchase or rent office space, equipment and supplies, and pay-related expenses pursuant to Section 33127 and for carrying insurance pursuant to Section 33134.\n(G) Amounts borrowed from, or payments owing to, the Low and Moderate Income Housing Fund of a redevelopment agency, which had been deferred as of the effective date of the act adding this part; provided, however, that the repayment schedule is approved by the oversight board. Repayments shall be transferred to the Low and Moderate Income Housing Asset Fund established pursuant to subdivision (d) of Section 34176 as a housing asset and shall be used in a manner consistent with the affordable housing requirements of the Community Redevelopment Law (Part 1 (commencing with Section 33000)).\n(2) For purposes of this part, \u201cenforceable obligation\u201d does not include any agreements, contracts, or arrangements between the city, county, or city and county that created the redevelopment agency and the former redevelopment agency. However, written agreements entered into (A) at the time of issuance, but in no event later than December 31, 2010, of indebtedness obligations, and (B) solely for the purpose of securing or repaying those indebtedness obligations may be deemed enforceable obligations for purposes of this part. Notwithstanding this paragraph, loan agreements entered into between the redevelopment agency and the city, county, or city and county that created it, within two years of the date of creation of the redevelopment agency, may be deemed to be enforceable obligations.\n(3) Contracts or agreements between the former redevelopment agency and other public agencies, to perform services or provide funding for governmental or private services or capital projects outside of redevelopment project areas that do not provide benefit to the redevelopment project and thus were not properly authorized under Part 1 (commencing with Section 33000) shall be deemed void on the effective date of this part; provided, however, that such contracts or agreements for the provision of housing properly authorized under Part 1 (commencing with Section 33000) shall not be deemed void.\n(4) The department may determine that an agreement between a former redevelopment agency and a joint powers authority that was created to exercise the powers provided by the Military Base Reuse Authority Act (Title 7.86 (commencing with Section 67800) of the Government Code) is an enforceable obligation.\n(e) \u201cIndebtedness obligations\u201d means bonds, notes, certificates of participation, or other evidence of indebtedness, issued or delivered by the redevelopment agency, or by a joint exercise of powers authority created by the redevelopment agency, to third-party investors or bondholders to finance or refinance redevelopment projects undertaken by the redevelopment agency in compliance with the Community Redevelopment Law (Part 1 (commencing with Section 33000)).\n(f) \u201cOversight board\u201d shall mean each entity established pursuant to Section 34179.\n(g) \u201cRecognized obligation\u201d means an obligation listed in the Recognized Obligation Payment Schedule.\n(h) \u201cRecognized Obligation Payment Schedule\u201d means the document setting forth the minimum payment amounts and due dates of payments required by enforceable obligations for each six-month fiscal period as provided in subdivision (m) of Section 34177.\n(i) \u201cSchool entity\u201d means any entity defined as such in subdivision (f) of Section 95 of the Revenue and Taxation Code.\n(j) \u201cSuccessor agency\u201d means the successor entity to the former redevelopment agency as described in Section 34173.\n(k) \u201cTaxing entities\u201d means cities, counties, a city and county, special districts, and school entities, as defined in subdivision (f) of Section 95 of the Revenue and Taxation Code, that receive passthrough payments and distributions of property taxes pursuant to the provisions of this part.\n(l) \u201cProperty taxes\u201d include all property tax revenues, including those from unitary and supplemental and roll corrections applicable to tax increment.\n(m) \u201cDepartment\u201d means the Department of Finance unless the context clearly refers to another state agency.\n(n) \u201cSponsoring entity\u201d means the city, county, or city and county, or other entity that authorized the creation of each redevelopment agency.\n(o) \u201cFinal judicial determination\u201d means a final judicial determination made by any state court that is not appealed, or by a court of appellate jurisdiction that is not further appealed, in an action by any party.\n(p) From July 1, 2014, to July 1, 2018, inclusive, \u201chousing entity administrative cost allowance\u201d means an amount of up to 1 percent of the property tax allocated to the Redevelopment Obligation Retirement Fund on behalf of the successor agency for each applicable fiscal year, but not less than one hundred fifty thousand dollars ($150,000) per fiscal year.\n(1) If a local housing authority assumed the housing functions of the former redevelopment agency pursuant to paragraph (2) or (3) of subdivision (b) of Section 34176, then the housing entity administrative cost allowance shall be listed by the successor agency on the Recognized Obligation Payment Schedule. Upon approval of the Recognized Obligation Payment Schedule by the oversight board and the department, the housing entity administrative cost allowance shall be remitted by the successor agency on each January 2 and July 1 to the local housing authority that assumed the housing functions of the former redevelopment agency pursuant to paragraph (2) or (3) of subdivision (b) of Section 34176.\n(2) If there are insufficient moneys in the Redevelopment Obligations Retirement Fund in a given fiscal year to make the payment authorized by this subdivision, the unfunded amount may be listed on each subsequent Recognized Obligation Payment Schedule until it has been paid in full. In these cases the five-year time limit on the payments shall not apply.","title":""}
{"_id":"c329","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 51 of the Revenue and Taxation Code is amended to read:\n51.\n(a) For purposes of subdivision (b) of Section 2 of Article XIII\u2009A of the California Constitution, for each lien date after the lien date in which the base year value is determined pursuant to Section 110.1, the taxable value of real property shall, except as otherwise provided in subdivision (b) or (c), be the lesser of:\n(1) Its base year value, compounded annually since the base year by an inflation factor, which shall be determined as follows:\n(A) For any assessment year commencing prior to January 1, 1985, the inflation factor shall be the percentage change in the cost of living, as defined in Section 2212.\n(B) For any assessment year commencing after January 1, 1985, and prior to January 1, 1998, the inflation factor shall be the percentage change, rounded to the nearest one-thousandth of 1 percent, from December of the prior fiscal year to December of the current fiscal year in the California Consumer Price Index for all items, as determined by the California Department of Industrial Relations.\n(C) For any assessment year commencing on or after January 1, 1998, the inflation factor shall be the percentage change, rounded to the nearest one-thousandth of 1 percent, from October of the prior fiscal year to October of the current fiscal year in the California Consumer Price Index for all items, as determined by the California Department of Industrial Relations.\n(D) The percentage increase for an assessment year determined pursuant to subparagraph (A), (B), or (C) shall not exceed 2 percent of the prior year\u2019s value.\n(E) (i) Notwithstanding any other law, for any assessment year commencing on or after January 1, 2017, the percentage increase for any assessment year determined pursuant to subparagraph (A), (B), or (C) shall not apply to the principal place of residence, including so much of the land surrounding it as is reasonably necessary for use of the dwelling as a home, of a qualified veteran who is 65 years of age or older on the lien date and was honorably discharged from military service.\n(ii) For the purpose of this subparagraph, \u201cqualified veteran\u201d means a person who meets the following criteria:\n(I) He or she meets the criteria specified in subdivision (o) of Section 3 of Article XIII of the California Constitution, except for the limitation on the value of property owned by the veteran or the veteran\u2019s spouse.\n(II) If the qualified veteran is single, his or her annual\nhousehold\nincome, as defined in Section 20504, is\nless than\nfifty thousand dollars\n($50,000).\n($50,000) or less.\n(III) If the qualified veteran is married, his or her\nannual\nhousehold\ncombined annual\nincome, as defined in Section 20504, is\nless than\none hundred thousand dollars\n($100,000).\n($100,000) or less.\n(iii) When claiming the benefit provided by this subparagraph, the claimant shall provide all information required by, and answer all questions contained in, an affidavit furnished by the assessor to determine that the claimant is a qualified veteran. The assessor may require additional proof of the information or answers provided in the affidavit before allowing the benefit provided by this subparagraph.\n(2) Its full cash value, as defined in Section 110, as of the lien date, taking into account reductions in value due to damage, destruction, depreciation, obsolescence, removal of property, or other factors causing a decline in value.\n(b) If the real property was damaged or destroyed by disaster, misfortune, or calamity and the board of supervisors of the county in which the real property is located has not adopted an ordinance pursuant to Section 170, or any portion of the real property has been removed by voluntary action by the taxpayer, the taxable value of the property shall be the sum of the following:\n(1) The lesser of its base year value of land determined under paragraph (1) of subdivision (a) or full cash value of land determined pursuant to paragraph (2) of subdivision (a).\n(2) The lesser of its base year value of improvements determined pursuant to paragraph (1) of subdivision (a) or the full cash value of improvements determined pursuant to paragraph (2) of subdivision (a).\nIn applying this subdivision, the base year value of the subject real property does not include that portion of the previous base year value of that property that was attributable to any portion of the property that has been destroyed or removed. The sum determined under this subdivision shall then become the base year value of the real property until that property is restored, repaired, or reconstructed or other provisions of law require establishment of a new base year value.\n(c) If the real property was damaged or destroyed by disaster, misfortune or calamity and the board of supervisors in the county in which the real property is located has adopted an ordinance pursuant to Section 170, the taxable value of the real property shall be its assessed value as computed pursuant to Section 170.\n(d) For purposes of this section, \u201creal property\u201d means that appraisal unit that persons in the marketplace commonly buy and sell as a unit, or that is normally valued separately.\n(e) Nothing in this section shall be construed to require the assessor to make an annual reappraisal of all assessable property. However, for each lien date after the first lien date for which the taxable value of property is reduced pursuant to paragraph (2) of subdivision (a), the value of that property shall be annually reappraised at its full cash value as defined in Section 110 until that value exceeds the value determined pursuant to paragraph (1) of subdivision (a). In no event shall the assessor condition the implementation of the preceding sentence in any year upon the filing of an assessment appeal.\nSEC. 2.\nSection 205.5 of the Revenue and Taxation Code is amended to read:\n205.5.\n(a) Property that constitutes the principal place of residence of a veteran, that is owned by the veteran, the veteran\u2019s spouse, or the veteran and the veteran\u2019s spouse jointly, is exempted from taxation on that part of the full value of the residence that does not exceed one hundred thousand dollars ($100,000), as adjusted for the relevant assessment year as provided in subdivision (h), if the veteran is blind in both eyes, has lost the use of two or more limbs, or if the veteran is totally disabled as a result of injury or disease incurred in military service. The one-hundred-thousand-dollar ($100,000) exemption shall be the full value of the property in the case of an eligible veteran whose household income does not exceed the amount of forty thousand dollars ($40,000), as adjusted for the relevant assessment year as provided in subdivision (g).\n(b) (1) For purposes of this section, \u201cveteran\u201d means either of the following:\n(A) A veteran as specified in subdivision (o) of Section 3 of Article XIII of the California Constitution, except for the limitation on the value of property owned by the veteran or the veteran\u2019s spouse.\n(B) A person who would qualify as a veteran pursuant to\nparagraph (1)\nsubparagraph (A)\nexcept that he or she has, as a result of a service-connected injury or disease, as determined by the United States Department of Veterans Affairs, died while on active duty in military service.\n(2) For purposes of this section, property is deemed to be the principal place of residence of a veteran, disabled as described in subdivision (a), who is confined to a hospital or other care facility, if that property would be that veteran\u2019s principal place of residence were it not for his or her confinement to a hospital or other care facility, provided that the residence is not rented or leased to a third party. For the purposes of this paragraph, a family member that resides at the residence is not a third party.\n(c) (1) Property that is owned by, and that constitutes the principal place of residence of, the unmarried surviving spouse of a deceased veteran is exempt from taxation on that part of the full value of the residence that does not exceed one hundred thousand dollars ($100,000), as adjusted for the relevant assessment year as provided in subdivision (h), in the case of a veteran who was blind in both eyes, had lost the use of two or more limbs, or was totally disabled provided that either of the following conditions is met:\n(A) The deceased veteran during his or her lifetime qualified for the exemption pursuant to subdivision (a), or would have qualified for the exemption under the laws effective on January 1, 1977, except that the veteran died prior to January 1, 1977.\n(B) The veteran died from a disease that was service-connected, as determined by the United States Department of Veterans Affairs.\nThe one-hundred-thousand-dollar ($100,000) exemption shall be the full value of the property in the case of an eligible unmarried surviving spouse whose household income does not exceed the amount of forty thousand dollars ($40,000), as adjusted for the relevant assessment year as provided in subdivision (g).\n(2) Property that is owned by, and that constitutes the principal place of residence of, the unmarried surviving spouse of a veteran described in subparagraph (B) of paragraph (1) of subdivision (b) is exempt from taxation on that part of the full value of the residence that does not exceed one hundred thousand dollars ($100,000), as adjusted for the relevant assessment year as provided in subdivision (h). The one-hundred-thousand-dollar ($100,000) exemption shall be the full value of the property in the case of an eligible unmarried surviving spouse whose household income does not exceed the amount of forty thousand dollars ($40,000), as adjusted for the relevant assessment year as provided in subdivision (g).\n(3) Property is deemed to be the principal place of residence of the unmarried surviving spouse of a deceased veteran, who is confined to a hospital or other care facility, if that property would be the unmarried surviving spouse\u2019s principal place of residence were it not for his or her confinement to a hospital or other care facility, provided that the residence is not rented or leased to a third party. For purposes of this paragraph, a family member who resides at the residence is not a third party.\n(d) As used in this section, \u201cproperty that is owned by a veteran\u201d or \u201cproperty that is owned by the veteran\u2019s unmarried surviving spouse\u201d includes all of the following:\n(1) Property owned by the veteran with the veteran\u2019s spouse as a joint tenancy, tenancy in common, or as community property.\n(2) Property owned by the veteran or the veteran\u2019s spouse as separate property.\n(3) Property owned with one or more other persons to the extent of the interest owned by the veteran, the veteran\u2019s spouse, or both the veteran and the veteran\u2019s spouse.\n(4) Property owned by the veteran\u2019s unmarried surviving spouse with one or more other persons to the extent of the interest owned by the veteran\u2019s unmarried surviving spouse.\n(5) That portion of the property of a corporation that constitutes the principal place of residence of a veteran or a veteran\u2019s unmarried surviving spouse when the veteran, the veteran\u2019s spouse, or the veteran\u2019s unmarried surviving spouse is a shareholder of the corporation and the rights of shareholding entitle one to the possession of property, legal title to which is owned by the corporation. The exemption provided by this paragraph shall be shown on the local roll and shall reduce the full value of the corporate property. Notwithstanding any law or articles of incorporation or bylaws of a corporation described in this paragraph, any reduction of property taxes paid by the corporation shall reflect an equal reduction in any charges by the corporation to the person who, by reason of qualifying for the exemption, made possible the reduction for the corporation.\n(e) For purposes of this section, the following definitions shall apply:\n(1) \u201cBeing blind in both eyes\u201d means having a visual acuity of 5\/200 or less, or concentric contraction of the visual field to 5 degrees or less.\n(2) \u201cLost the use of two or more limbs\u201d means that the limb has been amputated or its use has been lost by reason of ankylosis, progressive muscular dystrophies, or paralysis.\n(3) \u201cTotally disabled\u201d means that the United States Department of Veterans Affairs or the military service from which the veteran was discharged has rated the disability at 100 percent or has rated the disability compensation at 100 percent by reason of being unable to secure or follow a substantially gainful occupation.\n(f) An exemption granted to a claimant pursuant to this section shall be in lieu of the veteran\u2019s exemption provided by subdivisions (o), (p), (q), and (r) of Section 3 of Article XIII of the California Constitution and any other real property tax exemption to which the claimant may be entitled. No other real property tax exemption may be granted to any other person with respect to the same residence for which an exemption has been granted pursuant to this section; provided, that if two or more veterans qualified pursuant to this section coown a property in which they reside, each is entitled to the exemption to the extent of his or her interest.\n(g) Commencing on January 1, 2002, and for each assessment year thereafter, the household income limit shall be compounded annually by an inflation factor that is the annual percentage change, measured from February to February of the two previous assessment years, rounded to the nearest one-thousandth of 1 percent, in the California Consumer Price Index for all items, as determined by the California Department of Industrial Relations.\n(h) Commencing on January 1, 2006, and for each assessment year thereafter, the exemption amounts set forth in subdivisions (a) and (c) shall be compounded annually by an inflation factor that is the annual percentage change, measured from February to February of the two previous assessment years, rounded to the nearest one-thousandth of 1 percent, in the California Consumer Price Index for all items, as determined by the California Department of Industrial Relations.\n(i) The amendments made to this section by the act adding this subdivision shall apply for property tax lien dates on and after January 1, 2017.\nSEC. 3.\nSection 5813 of the Revenue and Taxation Code is amended to read:\n5813.\n(a) For each lien date after the lien date for which the base year value is determined, the taxable value of a manufactured home shall be the lesser of:\n(1) Its base year value, compounded annually since the base year by an inflation factor, which shall be the percentage change in the cost of living, as defined in Section 51, provided, that any percentage increase shall not exceed 2 percent of the prior year\u2019s value.\n(2) Its full cash value, as defined in Section 5803, as of the lien date, taking into account reductions in value due to damage, destruction, depreciation, obsolescence, or other factors causing a decline in value.\n(3) If the manufactured home is damaged or destroyed by disaster, misfortune, or calamity, its value determined pursuant to paragraph (2) shall be its base year value until the manufactured home is restored, repaired or reconstructed or other provisions of law require establishment of a new base year value.\n(b) (1) Notwithstanding any other law, for any assessment year commencing on or after January 1, 2017, the percentage increase for an assessment year determined pursuant to paragraph (1) of subdivision (a) shall not apply to the principal place of residence of a qualified veteran who owns a manufactured home as his or her principal place of residence and who is 65 years of age or older on the lien date and was honorably discharged from military service.\n(2)  For the purpose of this subdivision, \u201cqualified veteran\u201d means a person who meets the following criteria:\n(A) He or she meets the criteria specified in subdivision (o) of Section 3 of Article XIII of the California Constitution, except for the limitation on the value of property owned by the veteran or the veteran\u2019s spouse.\n(B) If the qualified veteran is single, his or her annual household income, as defined in Section 20504, is fifty thousand dollars ($50,000) or less.\n(C) If the qualified veteran is married, his or her\ncombined\nannual household income, as defined in Section 20504, is one hundred thousand dollars ($100,000) or less.\n(3) When claiming the benefit provided by this subdivision, the claimant shall provide all information required by, and answer all questions contained in, an affidavit furnished by the assessor to determine that the claimant is a qualified veteran. The assessor may require additional proof of the information or answers provided in the affidavit before allowing the benefit provided by this subdivision.\nSEC. 4.\nNotwithstanding Section 2229 of the Revenue and Taxation Code, no appropriation is made by this act and the state shall not reimburse any local agency for any property tax revenues lost by it pursuant to this act.\nSEC. 5.\nIf 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.\nSEC. 6.\nThis act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect.","title":""}
{"_id":"c134","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 13515.28 is added to the Penal Code, to read:\n13515.28.\n(a) (1) The commission shall require the field training officers who provide instruction in the field training program to have at least eight hours of crisis intervention behavioral health training to better train new peace officers on how to effectively interact with persons with mental illness or intellectual disability. This course shall include classroom instruction and instructor-led active learning, such as scenario-based training, and shall be taught in segments that are at least four hours long.\n(2) If a field training officer has completed eight hours of crisis intervention behavioral health training within the past 24 months, or if a field training officer has completed 40 hours of crisis intervention behavioral health training, the requirement described in paragraph (1) shall not apply.\n(b) The crisis intervention behavioral health training shall address issues relating to stigma, shall be culturally relevant and appropriate, and shall include all of the following topics:\n(1) The cause and nature of mental illnesses and intellectual disabilities.\n(2) (A) How to identify indicators of mental illness, intellectual disability, and substance use disorders.\n(B) How to distinguish between mental illness, intellectual disability, and substance use disorders.\n(C) How to respond appropriately in a variety of situations involving persons with mental illness, intellectual disability, and substance use disorders.\n(3) Conflict resolution and deescalation techniques for potentially dangerous situations.\n(4) Appropriate language usage when interacting with potentially emotionally distressed persons.\n(5) Community and state resources available to serve persons with mental illness or intellectual disability, and how these resources can be best utilized by law enforcement.\n(6) The perspective of individuals or families who have experiences with persons with mental illness, intellectual disability, and substance use disorders.\n(c) Field training officers assigned or appointed before January 1, 2017, shall complete the crisis intervention behavioral health training by June 30, 2017. Field training officers assigned or appointed on or after January 1, 2017, shall complete the crisis intervention behavioral health training within 180 days of assignment or appointment.\n(d) This section does not prevent an agency from requiring its field training officers to complete additional hours of crisis intervention behavioral health training or requiring its field training officers to complete that training earlier than as required by this section.\nSEC. 2.\nSection 13515.29 is added to the Penal Code, to read:\n13515.29.\n(a) The commission shall establish and keep updated a field training officer course relating to competencies of the field training program and police training program that addresses how to interact with persons with mental illness or intellectual disability.\n(b) This course shall consist of at least four hours of classroom instruction and instructor-led active learning, such as scenario-based training, shall address issues related to stigma, and shall be culturally relevant and appropriate.\n(c) All prospective field training officers shall complete the course described in subdivisions (a) and (b) as part of the existing field training officer program.\n(d) The commission shall implement the provisions of this section on or before August 1, 2016.\nSEC. 3.\nSection 13515.295 is added to the Penal Code, to read:\n13515.295.\n(a) The commission shall, by May 1, 2016, conduct a review and evaluation of the required competencies of the field training program and police training program to identify areas where additional training is necessary to better prepare law enforcement officers to effectively address incidents involving persons with a mental illness or intellectual disability.\n(b) Upon identifying what additional training is needed, the commission shall update the training in consultation with appropriate community, local, and state organizations, and agencies that have expertise in the area of mental illness, intellectual disabilities, and substance abuse disorders, and with appropriate consumer and family advocate groups.\n(c) The training shall address issues related to stigma, shall be culturally relevant and appropriate, and shall include all of the following topics:\n(1) How to identify indicators of mental illness, intellectual disability, substance use disorders, neurological disorders, traumatic brain injury, post-traumatic stress disorder, and dementia.\n(2) Autism spectrum disorder.\n(3) Genetic disorders, including, but not limited to, Down syndrome.\n(4) Conflict resolution and deescalation techniques for potentially dangerous situations.\n(5) Alternatives to the use of force when interacting with potentially dangerous persons with mental illness or intellectual disabilities.\n(6) The perspective of individuals or families who have experiences with persons with mental illness, intellectual disability, and substance use disorders.\n(7) Involuntary holds.\n(8) Community and state resources available to serve persons with mental illness or intellectual disability, and how these resources can be best utilized by law enforcement.\nSEC. 4.\nIf 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.","title":""}
{"_id":"c235","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 23103 of the Vehicle Code is amended to read:\n23103.\n(a)  A person who drives a vehicle upon a highway in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.\n(b)  A person who drives a vehicle in an offstreet parking facility, as defined in subdivision (c) of Section 12500, in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.\n(c) Except as otherwise provided in Section 40008, persons convicted of the offense of reckless driving shall be punished by imprisonment in a county jail for not less than 5 days nor more than 90 days or by a fine of not less than one hundred forty-five dollars ($145) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment, except as provided in Section 23104 or 23105.\n(d) (1) If a person is convicted of a violation of subdivision (a) or (b) and the vehicle used in the violation is registered to that person, the vehicle shall be impounded at the registered owner\u2019s expense for 30 days.\n(A) The 30-day period shall be reduced by the number of days, if any, the vehicle was impounded pursuant to Section 23109.2.\n(B) If the court finds that the vehicle to be impounded is the only means of transportation for other members of the defendant\u2019s family and impounding the vehicle will result in an undue hardship for the family, the court may decline to order the vehicle impounded.\n(2) A vehicle seized and impounded pursuant to paragraph (1) shall be released to the legal owner of the vehicle, or the legal owner\u2019s agent, on or before the 30th day of impoundment if all of the following conditions are met:\n(A) 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, not the registered owner, holding a security interest in the vehicle.\n(B) The legal owner or the legal owner\u2019s agent pays all towing and storage fees related to the impoundment of the vehicle. No lien sale processing fees shall be charged to a legal owner who redeems the vehicle on or before the 15th day of impoundment.\n(C) The legal owner or the legal owner\u2019s agent presents foreclosure documents or an affidavit of repossession for the vehicle.\nSEC. 2.\nSection 23109 of the Vehicle Code is amended to read:\n23109.\n(a) A person shall not engage in a motor vehicle speed contest on a highway. As used in this section, a motor vehicle speed contest includes a motor vehicle race against another vehicle, a clock, or other timing device. For purposes of this section, an event in which the time to cover a prescribed route of more than 20 miles is measured, but the vehicle does not exceed the speed limits, is not a speed contest.\n(b) A person shall not aid or abet in any motor vehicle speed contest on any highway.\n(c) A person shall not engage in a motor vehicle exhibition of speed on a highway, and a person shall not aid or abet in a motor vehicle exhibition of speed on any highway.\n(d) A person shall not, for the purpose of facilitating or aiding or as an incident to any motor vehicle speed contest or exhibition upon a highway, in any manner obstruct or place a barricade or obstruction or assist or participate in placing a barricade or obstruction upon any highway.\n(e) (1) A person convicted of a violation of subdivision (a) shall be punished by imprisonment in a county jail for not less than 24 hours nor more than 90 days or by a fine of not less than three hundred fifty-five dollars ($355) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment. That person shall also be required to perform 40 hours of community service. The court may order the privilege to operate a motor vehicle suspended for 90 days to six months, as provided in paragraph (8) of subdivision (a) of Section 13352. The person\u2019s privilege to operate a motor vehicle may be restricted for 90 days to six months to necessary travel to and from that person\u2019s place of employment and, if driving a motor vehicle is necessary to perform the duties of the person\u2019s employment, restricted to driving in that person\u2019s scope of employment. This subdivision does not interfere with the court\u2019s power to grant probation in a suitable case.\n(2) If a person is convicted of a violation of subdivision (a) and that violation proximately causes bodily injury to a person other than the driver, the person convicted shall be punished by imprisonment in a county jail for not less than 30 days nor more than six months or by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment.\n(f) (1) If a person is convicted of a violation of subdivision (a) for an offense that occurred within five years of the date of a prior offense that resulted in a conviction of a violation of subdivision (a), that person shall be punished by imprisonment in a county jail for not less than four days nor more than six months, and by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000).\n(2) If the perpetration of the most recent offense within the five-year period described in paragraph (1) proximately causes bodily injury to a person other than the driver, a person convicted of that second violation shall be imprisoned in a county jail for not less than 30 days nor more than six months and by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000).\n(3) If the perpetration of the most recent offense within the five-year period described in paragraph (1) proximately causes serious bodily injury, as defined in paragraph (4) of subdivision (f) of Section 243 of the Penal Code, to a person other than the driver, a person convicted of that second violation shall be imprisoned in the state prison, or in a county jail for not less than 30 days nor more than one year, and by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000).\n(4) The court shall order the privilege to operate a motor vehicle of a person convicted under paragraph (1), (2), or (3) suspended for a period of six months, as provided in paragraph (9) of subdivision (a) of Section 13352. In lieu of the suspension, the person\u2019s privilege to operate a motor vehicle may be restricted for six months to necessary travel to and from that person\u2019s place of employment and, if driving a motor vehicle is necessary to perform the duties of the person\u2019s employment, restricted to driving in that person\u2019s scope of employment.\n(5) This subdivision does not interfere with the court\u2019s power to grant probation in a suitable case.\n(g) If the court grants probation to a person subject to punishment under subdivision (f), in addition to subdivision (f) and any other terms and conditions imposed by the court, which may include a fine, the court shall impose as a condition of probation that the person be confined in a county jail for not less than 48 hours nor more than six months. The court shall order the person\u2019s privilege to operate a motor vehicle to be suspended for a period of six months, as provided in paragraph (9) of subdivision (a) of Section 13352 or restricted pursuant to subdivision (f).\n(h) (1) If a person is convicted of a violation of subdivision (a) and the vehicle used in the violation is registered to that person, the vehicle shall be impounded at the registered owner\u2019s expense for 30 days.\n(A) The 30-day period shall be reduced by the number of days, if any, the vehicle was impounded pursuant to Section 23109.2.\n(B) If the court finds that the vehicle to be impounded is the only means of transportation for other members of the defendant\u2019s family and impounding the vehicle will result in an undue hardship for the family, the court may decline to order the vehicle impounded.\n(2) If the impounded vehicle was found to be in violation of a mechanical requirement of this code, or the vehicle is inspected pursuant to Section 2806 and found in violation of this code, an officer may issue a notice to correct pursuant to Section 40303.5, and correction of the violation as set forth in Sections 40610 and 40611 shall be made within 30 days of the date the vehicle was released from impound. Upon correction, the violation issued pursuant to 40303.5 shall be dismissed pursuant to Section 40522.\n(3) A vehicle seized and impounded pursuant to paragraph (1) shall be released to the legal owner of the vehicle, or the legal owner\u2019s agent, on or before the 30th day of impoundment if all of the following conditions are met:\n(A) 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, not the registered owner, holding a security interest in the vehicle.\n(B) The legal owner or the legal owner\u2019s agent pays all towing and storage fees related to the impoundment of the vehicle. No lien sale processing fees shall be charged to a legal owner who redeems the vehicle on or before the 15th day of impoundment.\n(C) The legal owner or the legal owner\u2019s agent presents foreclosure documents or an affidavit of repossession for the vehicle.\n(i) A person who violates subdivision (b), (c), or (d) shall upon conviction of that violation be punished by imprisonment in a county jail for not more than 90 days, by a fine of not more than five hundred dollars ($500), or by both that fine and imprisonment.\n(j) If a person\u2019s privilege to operate a motor vehicle is restricted by a court pursuant to this section, the court shall clearly mark the restriction and the dates of the restriction on that person\u2019s driver\u2019s license and promptly notify the Department of Motor Vehicles of the terms of the restriction in a manner prescribed by the department. The Department of Motor Vehicles shall place that restriction in the person\u2019s records in the Department of Motor Vehicles and enter the restriction on a license subsequently issued by the Department of Motor Vehicles to that person during the period of the restriction.\n(k) The court may order that a person convicted under this section, who is to be punished by imprisonment in a county jail, be imprisoned on days other than days of regular employment of the person, as determined by the court.\n(l) This section shall be known and may be cited as the Louis Friend Memorial Act.\nSEC. 3.\nSection 23109.2 of the Vehicle Code is amended to read:\n23109.2.\n(a) (1) Whenever a peace officer determines that a person was engaged in any of the activities set forth in paragraph (2), the peace officer may immediately arrest and take into custody that person and may cause the removal and seizure of the motor vehicle used in that offense in accordance with Chapter 10 (commencing with Section 22650). A motor vehicle so seized may be impounded for not more than 30 days.\n(2) (A) A motor vehicle speed contest, as described in subdivision (a) of Section 23109.\n(B) Reckless driving on a highway, as described in subdivision (a) of Section 23103.\n(C) Reckless driving in an offstreet parking facility, as described in subdivision (b) of Section 23103.\n(D) Exhibition of speed on a highway, as described in subdivision (c) of Section 23109.\n(b) The registered and legal owner of a vehicle removed and seized under subdivision (a) or their agents shall be provided the opportunity for a storage hearing to determine the validity of the storage in accordance with Section 22852.\n(c) (1) Notwithstanding Chapter 10 (commencing with Section 22650) or any other provision of law, an impounding agency shall release a motor vehicle to the registered owner or his or her agent prior to the conclusion of the impoundment period described in subdivision (a) under any of the following circumstances:\n(A) If the vehicle is a stolen vehicle.\n(B) If the person alleged to have been engaged in the motor vehicle speed contest, as described in subdivision (a), was not authorized by the registered owner of the motor vehicle to operate the motor vehicle at the time of the commission of the offense.\n(C) If the registered owner of the vehicle was neither the driver nor a passenger of the vehicle at the time of the alleged violation pursuant to subdivision (a), or was unaware that the driver was using the vehicle to engage in any of the activities described in subdivision (a).\n(D) If the legal owner or registered owner of the vehicle is a rental car agency.\n(E) If, prior to the conclusion of the impoundment period, a citation or notice is dismissed under Section 40500, criminal charges are not filed by the district attorney because of a lack of evidence, or the charges are otherwise dismissed by the court.\n(2) A vehicle shall be released pursuant to this subdivision only if the registered owner or his or her agent presents a currently valid driver\u2019s license to operate the vehicle and proof of current vehicle registration, or if ordered by a court.\n(3) If, pursuant to subparagraph (E) of paragraph (1) a motor vehicle is released prior to the conclusion of the impoundment period, neither the person charged with a violation of subdivision (a) of Section 23109 nor the registered owner of the motor vehicle is responsible for towing and storage charges nor shall the motor vehicle be sold to satisfy those charges.\n(d) A vehicle seized and removed under subdivision (a) shall be released to the legal owner of the vehicle, or the legal owner\u2019s agent, on or before the 30th day of impoundment if all of the following conditions are met:\n(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, not the registered owner, holding a security interest in the vehicle.\n(2) The legal owner or the legal owner\u2019s agent pays all towing and storage fees related to the impoundment of the vehicle. No lien sale processing fees shall be charged to a legal owner who redeems the vehicle on or before the 15th day of impoundment.\n(3) The legal owner or the legal owner\u2019s agent presents foreclosure documents or an affidavit of repossession for the vehicle.\n(e) (1) The registered owner or his or her agent is responsible for all towing and storage charges related to the impoundment, and any administrative charges authorized under Section 22850.5.\n(2) Notwithstanding paragraph (1), if the person convicted of engaging in the activities set forth in paragraph (2) of subdivision (a) was not authorized by the registered owner of the motor vehicle to operate the motor vehicle at the time of the commission of the offense, the court shall order the convicted person to reimburse the registered owner for any towing and storage charges related to the impoundment, and any administrative charges authorized under Section 22850.5 incurred by the registered owner to obtain possession of the vehicle, unless the court finds that the person convicted does not have the ability to pay all or part of those charges.\n(3) If the vehicle is a rental vehicle, the rental car agency may require the person to whom the vehicle was rented to pay all towing and storage charges related to the impoundment and any administrative charges authorized under Section 22850.5 incurred by the rental car agency in connection with obtaining possession of the vehicle.\n(4) The owner is not liable for any towing and storage charges related to the impoundment if acquittal or dismissal occurs.\n(5) The vehicle may not be sold prior to the defendant\u2019s conviction.\n(6) The impounding agency is responsible for the actual costs incurred by the towing agency as a result of the impoundment should the registered owner be absolved of liability for those charges pursuant to paragraph (3) of subdivision (c). Notwithstanding this provision, nothing shall prohibit impounding agencies from making prior payment arrangements to satisfy this requirement.\n(f) Any period when a vehicle is subjected to storage under this section shall be included as part of the period of impoundment ordered by the court under subdivision (d) of Section 23103 or subdivision (h) of Section 23109.\nSEC. 4.\nIf 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.","title":""}
{"_id":"c317","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 48412 of the Education Code is amended to read:\n48412.\n(a) (1) A person 16 years of age or older, or who has been enrolled in the 10th grade for one academic year or longer, or who will complete one academic year of enrollment in the 10th grade at the end of the semester during which the next regular examination will be conducted, may have his or her proficiency in basic skills taught in public high schools verified according to criteria established by the department.\n(2) The state board shall award a \u201ccertificate of proficiency\u201d to persons who demonstrate that proficiency. The certificate of proficiency shall be equivalent to a high school diploma, and the department shall keep a permanent record of the issuance of all certificates.\n(b) (1) The department shall develop standards of competency in basic skills taught in public high schools and shall provide for the administration of examinations prepared by or with the approval of the department to verify competency. Regular examinations shall be held once in the fall semester and once in the spring semester of every academic year on a date, as determined by the department, that will enable notification of examinees and the schools they attend, if any, of the results thereof not later than two weeks before the date on which that semester ends in a majority of school districts that maintain high schools.\n(2) In addition to regular examinations, the department may, at the discretion of the Superintendent, conduct examinations for all eligible persons once during each summer recess and may conduct examinations at any other time that the Superintendent deems necessary to accommodate eligible persons whose religious convictions or physical handicaps prevent their attending one of the regular examinations.\n(c) (1) The department may charge a fee for each examination application in an amount sufficient to recover the costs of administering the requirements of this section. However, the fee shall not exceed an amount equal to the cost of test renewal and administration per examination application. All fees levied and collected pursuant to this section shall be deposited in the State Treasury for remittance to the current support appropriation of the department as reimbursement for costs of administering this section. Any reimbursements collected in excess of actual costs of administration of this section shall be transferred to the unappropriated surplus of the General Fund by order of the Director of Finance.\n(2) The department shall not charge the fee to an examinee who meets all of the following criteria:\n(A) The examinee qualifies as a homeless child or youth, as defined in paragraph (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)), or as a foster youth, as defined in subdivision (h).\n(B) The examinee has not attained 25 years of age as of the date of the scheduled examination.\n(C) For an examinee who qualifies as a homeless child or youth pursuant to subparagraph (A), the examinee can verify his or her status as a homeless child or youth. A homeless services provider that has knowledge of the examinee\u2019s housing status may verify the examinee\u2019s status for purposes of this subparagraph.\n(3) For purposes of this subdivision, a \u201chomeless services provider\u201d includes either of the following:\n(A) A homeless services provider listed in paragraph (3) of subdivision (d) of Section 103577 of the Health and Safety Code.\n(B) Any other person or entity that is qualified to verify an individual\u2019s housing status, as determined by the department.\n(4) The loss of fees pursuant to paragraph (2), if any, shall be deemed to be a cost of administering this section for purposes of paragraph (1).\n(d) (1) The state board shall adopt rules and regulations as necessary for implementation of this section.\n(2) Notwithstanding paragraph (1), the state board shall adopt emergency regulations, as necessary, to implement the provisions of subdivision (c), as amended by the act that added this paragraph. The adoption of these regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health, and safety, or general welfare.\n(e) The department shall periodically review the effectiveness of the examinations administered pursuant to this section. The costs of this review may be recovered through the fees levied pursuant to subdivision (c).\n(f) (1) On or before December 1, 2018, the Superintendent shall submit a report to the appropriate policy and fiscal committees of the Legislature that includes, but is not limited to, all of the following:\n(A) The number of homeless youth and foster youth that took a high school proficiency test in each of the 2016, 2017, and 2018 calendar years.\n(B) The impact of the opportunity to take a high school proficiency test at no cost on the number and percentage of homeless youth and foster youth taking a high school proficiency test.\n(C) The estimated number of homeless youth and foster youth who may take a high school proficiency test in future years.\n(D) Recommendations for a permanent funding source to cover the cost of the waived fees.\n(E) The annual and projected administrative cost to the department.\n(F) The annual and projected reimbursement to contractors pursuant to this section.\n(2) The requirement for submitting a report imposed under paragraph (1) is inoperative on January 1, 2020, pursuant to Section 10231.5 of the Government Code.\n(g) Additional state funds shall not be appropriated for purposes of implementing paragraph (2) of subdivision (c).\n(h) For purposes of this section, a \u201cfoster youth\u201d means any individual who meets or has ever met one of the following criteria:\n(1) A child who was the subject of a petition filed pursuant to Section 300 of the Welfare and Institutions Code and removed from his or her home by the juvenile court pursuant to Section 319 or 361 of the Welfare and Institutions Code.\n(2) A child who was the subject of a petition filed pursuant to Section 602 of the Welfare and Institutions Code and removed from his or her home by the juvenile court pursuant to Section 727 of the Welfare and Institutions Code.\nSEC. 2.\nSection 51421.5 of the Education Code, as added by Section 3 of Chapter 384 of the Statutes of 2015, is amended to read:\n51421.5.\n(a) If, for purposes of this article, a contractor or testing center charges an examinee its own separate fee, the contractor or testing center shall not charge that fee to an examinee who meets all of the following criteria:\n(1) The examinee qualifies as a homeless child or youth, as defined in paragraph (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)), or as a foster youth, as defined in subdivision (h).\n(2) The examinee has not attained 25 years of age as of the date of the scheduled examination.\n(3) For an examinee who qualifies as a homeless child or youth pursuant to paragraph (1), the examinee can verify his or her status as a homeless child or youth. A homeless services provider that has knowledge of the examinee\u2019s housing status may verify the examinee\u2019s status for purposes of this paragraph.\n(b) For purposes of this section, a \u201chomeless services provider\u201d includes either of the following:\n(1) A homeless services provider listed in paragraph (3) of subdivision (d) of Section 103577 of the Health and Safety Code.\n(2) Any other person or entity that is qualified to verify an individual\u2019s housing status, as determined by the department.\n(c) Additional state funds shall not be appropriated for purposes of implementing this section.\n(d) Notwithstanding subdivision (c), the Superintendent may use surplus funds in the Special Deposit Fund Account, established pursuant to Section 51427, to reimburse contractors for the loss of fees, if any, pursuant to this section. A contract executed by the department for the provision of examinations pursuant to Section 51421 or this section shall require that any contracting party accept all examinees, including those entitled to a fee waiver pursuant to this section. For purposes of this subdivision, \u201csurplus funds\u201d are funds remaining after the costs permitted by subdivision (a) of Section 51421 are paid.\n(e) On or before December 1, 2018, the Superintendent shall submit a report to the appropriate policy and fiscal committees of the Legislature that includes, but is not limited to, all of the following:\n(1) The number of homeless youth and foster youth that took a high school equivalency test in each of the 2016, 2017, and 2018 calendar years.\n(2) The impact of the opportunity to take a high school equivalency test at no cost on the number and percentage of homeless youth and foster youth taking a high school equivalency test.\n(3) The estimated number of homeless youth and foster youth who may take a high school equivalency test in future years.\n(4) Recommendations for a permanent funding source to cover the cost of the waived fees.\n(5) The annual and projected administrative cost to the department.\n(6) The annual and projected reimbursement to the contractor pursuant to this section.\n(f) The Superintendent shall adopt emergency regulations, as necessary, to implement this section. The adoption of these regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health, and safety, or general welfare.\n(g) The department shall include a provision in all memorandums of understanding with contractors for purposes of providing a high school equivalency test, that if the surplus funds in the Special Deposit Fund Account are depleted, the ongoing costs of a fee waiver for an examinee deemed eligible for a waiver pursuant to this section shall be absorbed by the contractor.\n(h) For purposes of this section, a \u201cfoster youth\u201d means any individual who meets or has ever met one of the following criteria:\n(1) A child who was the subject of a petition filed pursuant to Section 300 of the Welfare and Institutions Code and removed from his or her home by the juvenile court pursuant to Section 319 or 361 of the Welfare and Institutions Code.\n(2) A child who was the subject of a petition filed pursuant to Section 602 of the Welfare and Institutions Code and removed from his or her home by the juvenile court pursuant to Section 727 of the Welfare and Institutions Code.\n(i) This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2020, deletes or extends the dates on which it becomes inoperative and is repealed.\nSEC. 3.\nSection 51421.5 of the Education Code, as added by Section 4 of Chapter 384 of the Statutes of 2015, is amended to read:\n51421.5.\n(a) If, for purposes of this article, a contractor or testing center charges an examinee its own separate fee, the contractor or testing center shall not charge that fee to an examinee who meets all of the following criteria:\n(1) The examinee qualifies as a homeless child or youth, as defined in paragraph (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)), or as a foster youth, as defined in subdivision (f).\n(2) The examinee has not attained 25 years of age as of the date of the scheduled examination.\n(3) For an examinee who qualifies as a homeless child or youth pursuant to paragraph (1), the examinee can verify his or her status as a homeless child or youth. A homeless services provider that has knowledge of the examinee\u2019s housing status may verify the examinee\u2019s status for purposes of this paragraph.\n(b) For purposes of this section, a \u201chomeless services provider\u201d includes either of the following:\n(1) A homeless services provider listed in paragraph (3) of subdivision (d) of Section 103577 of the Health and Safety Code.\n(2) Any other person or entity that is qualified to verify an individual\u2019s housing status, as determined by the department.\n(c) Additional state funds shall not be appropriated for purposes of implementing this section.\n(d) The Superintendent shall adopt emergency regulations, as necessary, to implement this section. The adoption of these regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health, and safety, or general welfare.\n(e) The department shall include a provision in all memorandums of understanding with contractors for purposes of providing a high school equivalency test, that if the surplus funds in the Special Deposit Fund Account are depleted, the ongoing costs of a fee waiver for an examinee deemed eligible for a waiver pursuant to this section shall be absorbed by the contractor.\n(f) For purposes of this section, a \u201cfoster youth\u201d means any individual who meets or has ever met one of the following criteria:\n(1) A child who was the subject of a petition filed pursuant to Section 300 of the Welfare and Institutions Code and removed from his or her home by the juvenile court pursuant to Section 319 or 361 of the Welfare and Institutions Code.\n(2) A child who was the subject of a petition filed pursuant to Section 602 of the Welfare and Institutions Code and removed from his or her home by the juvenile court pursuant to Section 727 of the Welfare and Institutions Code.\n(g) This section shall become operative on July 1, 2019.","title":""}
{"_id":"c141","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 1369 of the Penal Code is amended to read:\n1369.\nExcept as stated in subdivision (g), a trial by court or jury of the question of mental competence shall proceed in the following order:\n(a) The court shall appoint a psychiatrist or licensed psychologist, and any other expert the court may deem appropriate, to examine the defendant. In any case where the defendant or the defendant\u2019s counsel informs the court that the defendant is not seeking a finding of mental incompetence, the court shall appoint two psychiatrists, licensed psychologists, or a combination thereof. One of the psychiatrists or licensed psychologists may be named by the defense and one may be named by the prosecution. The examining psychiatrists or licensed psychologists shall evaluate the nature of the defendant\u2019s mental disorder, if any, the defendant\u2019s ability or inability to understand the nature of the criminal proceedings or assist counsel in the conduct of a defense in a rational manner as a result of a mental disorder and, if within the scope of their licenses and appropriate to their opinions, whether or not treatment with antipsychotic medication is medically appropriate for the defendant and whether antipsychotic medication is likely to restore the defendant to mental competence. If an examining psychologist is of the opinion that antipsychotic medication may be medically appropriate for the defendant and that the defendant should be evaluated by a psychiatrist to determine if antipsychotic medication is medically appropriate, the psychologist shall inform the court of this opinion and his or her recommendation as to whether a psychiatrist should examine the defendant. The examining psychiatrists or licensed psychologists shall also address the issues of whether the defendant has capacity to make decisions regarding antipsychotic medication and whether the defendant is a danger to self or others. If the defendant is examined by a psychiatrist and the psychiatrist forms an opinion as to whether or not treatment with antipsychotic medication is medically appropriate, the psychiatrist shall inform the court of his or her opinions as to the likely or potential side effects of the medication, the expected efficacy of the medication, possible alternative treatments, and whether it is medically appropriate to administer antipsychotic medication in the county jail. If it is suspected the defendant is developmentally disabled, the court shall appoint the director of the regional center for the developmentally disabled established under Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code, or the designee of the director, to examine the defendant. The court may order the developmentally disabled defendant to be confined for examination in a residential facility or state hospital.\nThe regional center director shall recommend to the court a suitable residential facility or state hospital. Prior to issuing an order pursuant to this section, the court shall consider the recommendation of the regional center director. While the person is confined pursuant to order of the court under this section, he or she shall be provided with necessary care and treatment.\n(b) (1) The counsel for the defendant shall offer evidence in support of the allegation of mental incompetence.\n(2) If the defense declines to offer any evidence in support of the allegation of mental incompetence, the prosecution may do so.\n(c) The prosecution shall present its case regarding the issue of the defendant\u2019s present mental competence.\n(d) Each party may offer rebutting testimony, unless the court, for good reason in furtherance of justice, also permits other evidence in support of the original contention.\n(e) When the evidence is concluded, unless the case is submitted without final argument, the prosecution shall make its final argument and the defense shall conclude with its final argument to the court or jury.\n(f) In a jury trial, the court shall charge the jury, instructing them on all matters of law necessary for the rendering of a verdict. It shall be presumed that the defendant is mentally competent unless it is proved by a preponderance of the evidence that the defendant is mentally incompetent. The verdict of the jury shall be unanimous.\n(g) Only a court trial is required to determine competency in any proceeding for a violation of probation, mandatory supervision, postrelease community supervision, or parole.\n(h) (1) The State Department of State Hospitals shall, on or before July 1, 2017, adopt guidelines for education and training standards for a psychiatrist or licensed psychologist to be considered for appointment by the court pursuant to this section. To develop these guidelines, the State Department of State Hospitals shall convene a workgroup comprised of the Judicial Council and groups or individuals representing judges, defense counsel, district attorneys, counties, advocates for people with developmental and mental disabilities, state psychologists and psychiatrists, professional associations and accrediting bodies for psychologists and psychiatrists, and other interested stakeholders.\n(2) When making appointments pursuant to this section, the court shall appoint experts who meet the guidelines established in accordance with this subdivision or experts with equivalent experience and skills. If there is no reasonably available expert who meets the guidelines or who has equivalent experience and skills, the court shall have the discretion to appoint an expert who does not meet the guidelines.","title":""}
{"_id":"c282","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 3351 of the Labor Code is amended to read:\n3351.\n\u201cEmployee\u201d means every person in the service of an employer under any appointment or contract of hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed, and includes:\n(a) Aliens and minors.\n(b) All elected and appointed paid public officers.\n(c) All officers and members of boards of directors of quasi-public or private corporations while rendering actual service for the corporations for pay. An officer or member of a board of directors may elect to be excluded from coverage in accordance with subdivision (p) of Section 3352.\n(d) Except as provided in subdivision (h) of Section 3352, any person employed by the owner or occupant of a residential dwelling whose duties are incidental to the ownership, maintenance, or use of the dwelling, including the care and supervision of children, or whose duties are personal and not in the course of the trade, business, profession, or occupation of the owner or occupant.\n(e) All persons incarcerated in a state penal or correctional institution while engaged in assigned work or employment as defined in paragraph (1) of subdivision (a) of Section 10021 of Title 8 of the California Code of Regulations, or engaged in work performed under contract.\n(f) All working members of a partnership or limited liability company receiving wages irrespective of profits from the partnership or limited liability company. A general partner of a partnership or a managing member of a limited liability company may elect to be excluded from coverage in accordance with subdivision (q) of Section 3352.\nSEC. 2.\nSection 3352 of the Labor Code is amended to read:\n3352.\n\u201cEmployee\u201d excludes the following:\n(a) A person defined in subdivision (d) of Section 3351 who is employed by his or her parent, spouse, or child.\n(b) A person performing services in return for aid or sustenance only, received from any religious, charitable, or relief organization.\n(c) A person holding an appointment as deputy clerk or deputy sheriff appointed for his or her own convenience, and who does not receive compensation from the county or municipal corporation or from the citizens of that county or municipal corporation for his or her services as the deputy. This exclusion is operative only as to employment by the county or municipal corporation and does not deprive that person from recourse against a private person employing him or her for injury occurring in the course of, and arising out of, the employment.\n(d) A person performing voluntary services at or for a recreational camp, hut, or lodge operated by a nonprofit organization, exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code, of which he or she or a member of his or her family is a member and who does not receive compensation for those services, other than meals, lodging, or transportation.\n(e) A person performing voluntary service as a ski patrolman who does not receive compensation for those services, other than meals or lodging or the use of ski tow or ski lift facilities.\n(f) A person employed by a ski lift operator to work at a snow ski area who is relieved of, and is not performing any, prescribed duties, while participating in recreational activities on his or her own initiative.\n(g) A person, other than a regular employee, participating in sports or athletics who does not receive compensation for the participation other than the use of athletic equipment, uniforms, transportation, travel, meals, lodgings, or other expenses incidental thereto.\n(h) A person described in subdivision (d) of Section 3351 whose employment by the employer to be held liable, during the 90 calendar days immediately preceding the date of injury, for injuries as described in Section 5411, or during the 90 calendar days immediately preceding the date of the last employment in an occupation exposing the employee to the hazards of the disease or injury, for diseases or injuries as described in Section 5412, comes within either of the following descriptions:\n(1) The employment was, or was contracted to be, for less than 52 hours.\n(2) The employment was, or was contracted to be, for wages of not more than one hundred dollars ($100).\n(i) A person performing voluntary service for a public agency or a private, nonprofit organization who does not receive remuneration for the services, other than meals, transportation, lodging, or reimbursement for incidental expenses.\n(j) A person, other than a regular employee, performing officiating services relating to amateur sporting events sponsored by a public agency or private, nonprofit organization, who does not receive remuneration for these services, other than a stipend for each day of service no greater than the amount established by the Department of Human Resources as a per diem expense for employees or officers of the state. The stipend shall be presumed to cover incidental expenses involved in officiating, including, but not limited to, meals, transportation, lodging, rule books and courses, uniforms, and appropriate equipment.\n(k) A student participating as an athlete in amateur sporting events sponsored by a public agency or public or private nonprofit college, university, or school, who does not receive remuneration for the participation, other than the use of athletic equipment, uniforms, transportation, travel, meals, lodgings, scholarships, grants-in-aid, or other expenses incidental thereto.\n(l) A law enforcement officer who is regularly employed by a local or state law enforcement agency in an adjoining state and who is deputized to work under the supervision of a California peace officer pursuant to paragraph (4) of subdivision (a) of Section 832.6 of the Penal Code.\n(m) A law enforcement officer who is regularly employed by the Oregon State Police, the Nevada Department of Motor Vehicles and Public Safety, or the Arizona Department of Public Safety and who is acting as a peace officer in this state pursuant to subdivision (a) of Section 830.39 of the Penal Code.\n(n) A person, other than a regular employee, performing services as a sports official for an entity sponsoring an intercollegiate or interscholastic sports event, or any person performing services as a sports official for a public agency, public entity, or a private nonprofit organization, which public agency, public entity, or private nonprofit organization sponsors an amateur sports event. For purposes of this subdivision, \u201csports official\u201d includes an umpire, referee, judge, scorekeeper, timekeeper, or other person who is a neutral participant in a sports event.\n(o) A person who is an owner-builder, as defined in subdivision (a) of Section 50692 of the Health and Safety Code, who is participating in a mutual self-help housing program, as defined in Section 50087 of the Health and Safety Code, sponsored by a nonprofit corporation.\n(p) An officer or member of the board of directors, as described in subdivision (c) of Section 3351, if he or she owns at least 15 percent of the issued and outstanding stock of the corporation and executes a written waiver of his or her rights under this chapter stating under penalty of perjury that the person is a qualifying officer or director. The waiver shall be effective upon the date of receipt and acceptance by the corporation\u2019s insurance carrier and shall remain effective until the officer or member of the board of directors provides the insurance carrier with a written withdrawal of the waiver.\n(q) An individual who is a general partner of a partnership or a managing member of a limited liability company who executes a written waiver of his or her rights under this chapter stating under penalty of perjury that the person is a qualifying general partner or managing member. The waiver shall be effective upon the date of receipt and acceptance by the partnership or limited liability company\u2019s insurance carrier and shall remain effective until the general partner or managing member provides the insurance carrier with a written withdrawal of the waiver.\nSEC. 3.\nSection 6354.7 of the Labor Code, as added by Section 84 of Chapter 6 of the Statutes of 2002, is repealed.\nSEC. 4.\nNo reimbursement is required by this act pursuant to Section 6 of Article XIII\u2009B 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\u2009B of the California Constitution.","title":""}
{"_id":"c498","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nThis act shall be known, and may be cited, as \u201cThe Dr. Julia Quint Program for Research and Prevention of Occupational Injuries and Illnesses.\u201d The intent of this act is to establish a California occupational research agenda,\nincrease coordination and collaboration between community occupational health clinics and the centers for occupational and environmental health,\nand provide training with the goals of preventing occupational injuries and illnesses suffered by the most vulnerable workers, including non-English speakers working in high-risk occupations, and reducing the consequences and costs of those injuries and illnesses through early intervention with appropriate care.\nSEC. 2.\nSection 6354.7 of the Labor Code, as added by Section 84 of Chapter 6 of the Statutes of 2002, is repealed.\nSEC. 3.\nSection 6354.7 of the Labor Code, as added by Section 15 of Chapter 866 of the Statutes of 2002, is amended to read:\n6354.7.\n(a) The Workers\u2019 Occupational Safety and Health Education Fund is hereby created as a special account in the State Treasury. Proceeds of the fund may be expended, upon appropriation by the Legislature, by the Commission on Health and Safety and Workers\u2019 Compensation for the purposes specified in this section and Section 6354.8 and for an insurance loss control services coordinator. The director shall levy and collect fees to fund these purposes from insurers subject to Section 6354.5. However, the fee assessed against any insurer shall not exceed the greater of one hundred dollars ($100) or 0.0286 percent of paid workers\u2019 compensation\nmedical and\nindemnity amounts for claims as reported for the previous calendar year to the designated rating organization for the analysis required under subdivisions\n(b)\n(a), (b),\nand (c) of Section 11759.1 of the Insurance Code. All fees shall be deposited in the fund.\n(b) The commission shall establish and maintain a worker occupational safety and health training and education program, to be referred to as the Worker Occupational Safety and Health Training and Education Program, or WOSHTEP. The purpose of the WOSHTEP shall be to promote awareness of the need for prevention education programs, to develop and provide injury and illness prevention education programs for employees and their\nrepresentatives, to increase the number of, and to ensure continued capacity of, nonprofit provider organizations, including labor-management cooperation committees, joint labor-management apprentice programs, labor unions, community or faith-based organizations that focus on vulnerable workers, and state government-supported postsecondary educational institutions, to train workers and provide related services,\nrepresentatives\nand to deliver those awareness and training programs through a network of providers throughout the state. The commission may conduct the WOSHTEP directly or by means of contracts or interagency agreements.\n(c) The commission shall establish an advisory board for the WOSHTEP that includes employer and worker representatives and experts in occupational safety and health. The WOSHTEP advisory board shall guide the development of curricula, teaching methods, and specific course material about occupational safety and health, and shall assist in providing links to the target audience and broadening the partnerships with worker-based organizations, labor studies programs, and others that are able to reach the target audience.\n(d) The WOSHTEP shall include the development and provision of a needed core curriculum addressing competencies for effective participation in workplace injury and illness prevention programs and on joint labor-management health and safety committees. The core curriculum shall include an overview of the requirements related to injury and illness prevention programs and hazard communication.\n(e) The WOSHTEP shall include the development and provision of additional training programs for any or all of the following categories:\n(1) Industries on the high hazard list.\n(2) Hazards that result in significant worker injuries, illnesses, or compensation costs.\n(3) Industries or trades in which workers are experiencing numerous or significant injuries or illnesses.\n(4) Occupational groups with special needs, such as those who do not speak English as their first language, workers with limited literacy, young workers, and other traditionally underserved industries or groups of workers. Priority shall be given to training workers who are able to train other workers and workers who have significant health and safety responsibilities, such as those workers serving on a health and safety committee or serving as designated safety representatives.\n(f) The WOSHTEP shall operate one or more libraries and distribution systems of occupational safety and health training material, which shall include, but not be limited to, all material developed by the program pursuant to this section.\n(g) The WOSHTEP advisory board shall annually prepare a written report evaluating the use and impact of programs developed.\n(h) The payment of administrative costs incurred by the commission in conducting the WOSHTEP shall be made from the Workers\u2019 Occupational Safety and Health Education Fund.\nSEC. 4.\nSection 6354.8 is added to the Labor Code, to read:\n6354.8.\nIn addition to the duties and functions specified in Section 6354.7, the Worker Occupational Safety and Health Training and Education Program shall\nwork in collaboration with:\ndo both of the following:\n(a)\nThe\nWork in collaboration with the\nOccupational Health Branch of the State Department of Public Health to develop and implement a California occupational research agenda focused on the prevention of occupational injuries and illnesses that are most prevalent, serious, and costly for California employers and employees.\n(b)\nThe\nThrough an agreement with the\nUniversity of California occupational health centers\naffiliated with regional schools of medicine and public health, as\nestablished by Section 50.8,\nto increase coordination and collaboration, including providing\nprovide\ntraining to community-based health clinics that serve vulnerable workers, including non-English speakers, working in high-risk occupations.","title":""}
{"_id":"c371","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 67380 of the Education Code is amended to read:\n67380.\n(a) Except as provided in subparagraph (C) of paragraph (6), the governing board of each community college district, the Trustees of the California State University, the Board of Directors of the Hastings College of the Law, the Regents of the University of California, and the governing board of any postsecondary educational institution receiving public funds for student financial assistance shall do all of the following:\n(1) Require the appropriate officials at each campus within their respective jurisdictions to compile records of both of the following:\n(A) All occurrences reported to campus police, campus security personnel, or campus safety authorities of, and arrests for, crimes that are committed on campus and that involve violence, hate violence, theft, destruction of property, illegal drugs, or alcohol intoxication.\n(B) All occurrences of noncriminal acts of hate violence reported to, and for which a written report is prepared by, designated campus authorities.\n(2) Require any written record of a noncriminal act of hate violence to include, but not be limited to, the following:\n(A) A description of the act of hate violence.\n(B) Victim characteristics.\n(C) Offender characteristics, if known.\n(3) (A) Make the information concerning the crimes compiled pursuant to subparagraph (A) of paragraph (1) available within two business days following the request of any student or employee of, or applicant for admission to, any campus within their respective jurisdictions, or to the media, unless the information is the type of information exempt from disclosure pursuant to subdivision (f) of Section 6254 of the Government Code, in which case the information is not required to be disclosed. Notwithstanding subdivision (f) of Section 6254 of the Government Code, the name or any other personally identifying information of a victim of any crime defined by Section 243.4, 261, 262, 264, 264.1, 273a, 273d, 273.5, 286, 288, 288a, 289, 422.6, 422.7, or 422.75 of the Penal Code shall not be disclosed without the permission of the victim, or the victim\u2019s parent or guardian if the victim is a minor.\n(B) For purposes of this paragraph and subparagraph (A) of paragraph (1), the campus police, campus security personnel, and campus safety authorities described in subparagraph (A) of paragraph (1) shall be included within the meaning of \u201cstate or local police agency\u201d and \u201cstate and local law enforcement agency,\u201d as those terms are used in subdivision (f) of Section 6254 of the Government Code.\n(4) Require the appropriate officials at each campus within their respective jurisdictions to prepare, prominently post, and copy for distribution on request, a campus safety plan that sets forth all of the following: the availability and location of security personnel, methods for summoning assistance of security personnel, any special safeguards that have been established for particular facilities or activities, any actions taken in the preceding 18 months to increase safety, and any changes in safety precautions expected to be made during the next 24 months. For purposes of this section, posting and distribution may be accomplished by including relevant safety information in a student handbook or brochure that is made generally available to students.\n(5) Require the appropriate officials at each campus within their respective jurisdictions to report information compiled pursuant to paragraph (1) relating to hate violence to the governing board, trustees, board of directors, or regents, as the case may be. The governing board, trustees, board of directors, or regents, as the case may be, shall, upon collection of that information from all of the campuses within their jurisdiction, transmit a report containing a compilation of that information to the Legislative Analyst\u2019s Office no later than January 1 of each year and shall make the report available to the general public on the Internet Web site of each respective institution. It is the intent of the Legislature that the governing board of each community college district, the Trustees of the California State University, the Board of Directors of the Hastings College of the Law, the Regents of the University of California, and the governing board of any postsecondary educational institution receiving public funds for student financial assistance establish guidelines for identifying and reporting occurrences of hate violence. It is the intent of the Legislature that the guidelines established by these institutions of higher education be as consistent with each other as possible. These guidelines shall be developed in consultation with the Department of Fair Employment and Housing and the California Association of Human Relations Organizations.\n(6) (A) Notwithstanding subdivision (f) of Section 6254 of the Government Code, require any report made by a victim or an employee pursuant to Section 67383 of a Part 1 violent crime, sexual assault, or hate crime, as described in Section 422.55 of the Penal Code, received by a campus security authority and made by the victim for purposes of notifying the institution or law enforcement, to be immediately, or as soon as practicably possible, disclosed to the local law enforcement agency with which the institution has a written agreement pursuant to Section 67381 without identifying the victim, unless the victim consents to being identified after the victim has been informed of his or her right to have his or her personally identifying information withheld. If the victim does not consent to being identified, the alleged assailant shall not be identified in the information disclosed to the local law enforcement agency, unless the institution determines both of the following, in which case the institution shall disclose the identity of the alleged assailant to the local law enforcement agency and shall immediately inform the victim of that disclosure:\n(i) The alleged assailant represents a serious or ongoing threat to the safety of students, employees, or the institution.\n(ii) The immediate assistance of the local law enforcement agency is necessary to contact or detain the assailant.\n(B) The requirements of this paragraph shall not constitute a waiver of, or exception to, any law providing for the confidentiality of information.\n(C) This paragraph applies only as a condition for participation in the Cal Grant Program established pursuant to Chapter 1.7 (commencing with Section 69430) of Part 42.\n(b) Any person who is refused information required to be made available pursuant to subparagraph (A) of paragraph (1) of subdivision (a) may maintain a civil action for damages against any institution that refuses to provide the information, and the court shall award that person an amount not to exceed one thousand dollars ($1,000) if the court finds that the institution refused to provide the information.\n(c) For purposes of this section:\n(1) \u201cHate violence\u201d means any act of physical intimidation or physical harassment, physical force or physical violence, or the threat of physical force or physical violence, that is directed against any person or group of persons, or the property of any person or group of persons because of the ethnicity, race, national origin, religion, sex, sexual orientation, gender identity, gender expression, disability, or political or religious beliefs of that person or group.\n(2) \u201cPart 1 violent crime\u201d means willful homicide, forcible rape, robbery, or aggravated assault, as defined in the Uniform Crime Reporting Handbook of the Federal Bureau of Investigation.\n(3) \u201cSexual assault\u201d includes, but is not limited to, rape, forced sodomy, forced oral copulation, rape by a foreign object, sexual battery, or the threat of any of these.\n(d) This section does not apply to the governing board of a private postsecondary educational institution receiving funds for student financial assistance with a full-time enrollment of less than 1,000 students.\n(e) This section shall apply to a campus of one of the public postsecondary educational systems identified in subdivision (a) only if that campus has a full-time equivalent enrollment of more than 1,000 students.\n(f) Notwithstanding any other provision of this section, this section shall not apply to the California Community Colleges unless and until the Legislature makes funds available to the California Community Colleges for the purposes of this section.","title":""}
{"_id":"c429","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nThe Legislature finds and declares all of the following:\n(a) California imports 91 percent of its natural gas, which is responsible for 25 percent of the state\u2019s emissions of greenhouse gases.\n(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.\n(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.\n(d) Biomethane provides a sustainable and clean alternative to natural gas. If 10 percent of California\u2019s 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.\n(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.\n(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.\n(g) The biomethane market has been slow to develop in California because the collection, purification, and pipeline injection of biomethane can be costly.\n(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.\n(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.\n(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).\n(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.\n(l) It is in the public\u2019s interests, and in the interest of ratepayers of the state\u2019s gas corporations, that the policies and programs adopted by the Public Utilities Commission be guided by the best science reasonably available.\nSEC. 2.\nSection 39734 is added to the Health and Safety Code, to read:\n39734.\n(a) For purposes of this section, \u201cbiogas\u201d has the same meaning as in Section 25420.\n(b) To meet the state\u2019s renewable energy, low-carbon fuel, and waste diversion goals, the state board, in coordination with the Public Utilities\nCommission and State Energy Resources and Conservation Development\nCommission, shall\nconsider and, as appropriate,\nadopt\na policy\npolicies or programs\nthat\nis\nare\nconsistent with existing state policies and programs to increase the production and use of renewable gas, including biogas, generated by either of the following:\n(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).\n(2) Direct solar energy.\n(c) In adopting the policy described in subdivision (b), the state board shall ensure that eligible renewable gas provides direct benefits to the state\u2019s environment by reducing or avoiding all of the following:\n(1) Emissions of criteria pollutants.\n(2) Emissions that adversely affect the waters of the state.\n(3) Nuisances associated with the emission of odors.\nSEC. 3.\nSection 784.1 is added to the\nPublic Utilities Code\n, to read:\n784.1.\n(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\u2019 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\u2019s goals for reducing emissions of greenhouse gases and short-lived climate pollutants and the state\u2019s 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.\n(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.\n(2)The commission\u2019s authority pursuant to paragraph (1) shall apply notwithstanding whether the gas corporation has proposed the program pursuant to Section 740.1.\n(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.\nSEC. 4.\nNo reimbursement is required by this act pursuant to Section 6 of Article XIII\u2009B 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\u2009B of the California Constitution.","title":""}
{"_id":"c331","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 51225.1 of the Education Code is amended to read:\n51225.1.\n(a) Notwithstanding any other law, a school district shall exempt a pupil in foster care, as defined in Section 51225.2, or a pupil who is a homeless child or youth, as defined in Section 11434a(2) of Title 42 of the United States Code, who transfers between schools any time after the completion of the pupil\u2019s 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\u2019s graduation requirements in time to graduate from high school by the end of the pupil\u2019s fourth year of high school.\n(b) If the school district determines that the pupil in foster care, or the pupil who is a homeless child or youth, is reasonably able to complete the school district\u2019s graduation requirements within the pupil\u2019s fifth year of high school, the school district shall do all of the following:\n(1) Inform the pupil of his or her option to remain in school for a fifth year to complete the school district\u2019s graduation requirements.\n(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\u2019s graduation requirements will affect the pupil\u2019s ability to gain admission to a postsecondary educational institution.\n(3) Provide information to the pupil about transfer opportunities available through the California Community Colleges.\n(4) Permit the pupil to stay in school for a fifth year to complete the school district\u2019s 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.\n(c) To determine whether a pupil in foster care, or a pupil who is a homeless child or youth, 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\u2019s school enrollment may be used, whichever will qualify the pupil for the exemption.\n(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\u2019s social worker, of the availability of the exemption and whether the pupil qualifies for an exemption.\n(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\u2019s jurisdiction over the pupil, if the pupil otherwise qualifies for the exemption pursuant to this section.\n(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.\n(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.\n(e) If a pupil in foster care, or a pupil who is a homeless child or youth, 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 in 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.\n(f) If a pupil in foster care, or a pupil who is a homeless child or youth, 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\u2019s ability to gain admission to a postsecondary educational institution and shall provide information about transfer opportunities available through the California Community Colleges.\n(g) A pupil in foster care, or a pupil who is a homeless child or youth, 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.\n(h) If a pupil in foster care, or a pupil who is a homeless child or youth, 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.\n(i) If a pupil in foster care, or a pupil who is a homeless child or youth, is exempted from local graduation requirements pursuant to this section, a school district shall not revoke the exemption.\n(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\u2019s jurisdiction over the pupil while he or she is enrolled in school or if the pupil transfers to another school or school district.\n(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.\n(k) A school district shall not require or request a pupil in foster care, or a pupil who is a homeless child or youth, to transfer schools in order to qualify the pupil for an exemption pursuant to this section.\n(l) (1) A pupil in foster care, the person holding the right to make educational decisions for the pupil, the pupil\u2019s social worker, or the pupil\u2019s probation officer shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section.\n(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.\nSEC. 2.\nIf 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.","title":""}
{"_id":"c495","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nThis act shall be known, and may be cited, as the Second Validating Act of 2016.\nSEC. 2.\nAs used in this act:\n(a) \u201cPublic body\u201d means all of the following:\n(1) The state and all departments, agencies, boards, commissions, and authorities of the state. Except as provided in paragraph (2), \u201cpublic body\u201d also means all cities, counties, cities and counties, districts, authorities, agencies, boards, commissions, and other entities, whether created by a general statute or a special act, including, but not limited to, the following:\nAgencies, boards, commissions, or entities constituted or provided for under or pursuant to the Joint Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code).\nAir pollution control districts of any kind.\nAir quality management districts.\nAirport districts.\nAssessment districts, benefit assessment districts, and special assessment districts of any public body.\nBridge and highway districts.\nCalifornia water districts.\nCitrus pest control districts.\nCity maintenance districts.\nCommunity college districts.\nCommunity development commissions in their capacity to act as a housing authority for other community development purposes of the jurisdiction in which the commission operates, except for any action taken with respect to the commission\u2019s authority to act as a community redevelopment agency.\nCommunity facilities districts.\nCommunity rehabilitation districts.\nCommunity revitalization and investment authorities.\nCommunity services districts.\nConservancy districts.\nCotton pest abatement districts.\nCounty boards of education.\nCounty drainage districts.\nCounty flood control and water districts.\nCounty free library systems.\nCounty maintenance districts.\nCounty sanitation districts.\nCounty service areas.\nCounty transportation commissions.\nCounty water agencies.\nCounty water authorities.\nCounty water districts.\nCounty waterworks districts.\nDepartment of Water Resources and other agencies acting pursuant to Part 3 (commencing with Section 11100) of Division 6 of the Water Code.\nDistribution districts of any public body.\nDrainage districts.\nEnhanced infrastructure financing districts.\nFire protection districts.\nFlood control and water conservation districts.\nFlood control districts.\nGarbage and refuse disposal districts.\nGarbage disposal districts.\nGeologic hazard abatement districts.\nHarbor districts.\nHarbor improvement districts.\nHarbor, recreation, and conservation districts.\nHealth care authorities.\nHighway districts.\nHighway interchange districts.\nHighway lighting districts.\nHousing authorities.\nImprovement districts or improvement areas of any public body.\nIndustrial development authorities.\nInfrastructure financing districts.\nIntegrated financing districts.\nIrrigation districts.\nJoint highway districts.\nLevee districts.\nLibrary districts.\nLibrary districts in unincorporated towns and villages.\nLocal agency formation commissions.\nLocal health care districts.\nLocal health districts.\nLocal hospital districts.\nLocal transportation authorities or commissions.\nMaintenance districts.\nMemorial districts.\nMetropolitan transportation commissions.\nMetropolitan water districts.\nMosquito abatement and vector control districts.\nMultifamily improvement districts.\nMunicipal improvement districts.\nMunicipal utility districts.\nMunicipal water districts.\nNonprofit corporations.\nNonprofit public benefit corporations.\nOpen-space maintenance districts.\nParking and business improvement areas.\nParking authorities.\nParking districts.\nPermanent road divisions.\nPest abatement districts.\nPolice protection districts.\nPort districts.\nProperty and business improvement areas.\nProtection districts.\nPublic cemetery districts.\nPublic utility districts.\nRapid transit districts.\nReclamation districts.\nRecreation and park districts.\nRegional justice facility financing agencies.\nRegional park and open-space districts.\nRegional planning districts.\nRegional transportation commissions.\nResort improvement districts.\nResource conservation districts.\nRiver port districts.\nRoad maintenance districts.\nSanitary districts.\nSchool districts of any kind or class.\nSchool facilities improvement districts.\nSeparation of grade districts.\nService authorities for freeway emergencies.\nSewer districts.\nSewer maintenance districts.\nSmall craft harbor districts.\nSpecial municipal tax districts.\nStone and pome fruit pest control districts.\nStorm drain maintenance districts.\nStorm drainage districts.\nStorm drainage maintenance districts.\nStorm water districts.\nToll tunnel authorities.\nTraffic authorities.\nTransit development boards.\nTransit districts.\nUnified and union school districts\u2019 public libraries.\nVehicle parking districts.\nWater agencies.\nWater authorities.\nWater conservation districts.\nWater districts.\nWater replenishment districts.\nWater storage districts.\nWatermaster districts.\nWine grape pest and disease control districts.\nZones, improvement zones, or service zones of any public body.\n(2) Notwithstanding paragraph (1), a \u201cpublic body\u201d does not include any of the following:\n(A) A community redevelopment agency formed pursuant to the Community Redevelopment Law (Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code).\n(B) A community development commission, with respect to its exercise of the powers of a community redevelopment agency.\n(C) A joint powers authority that includes a community redevelopment agency or a community development commission as a member, with respect to its exercise of the powers of a community redevelopment agency.\n(3) \u201cPublic body\u201d includes both of the following:\n(A) The successor agency to the Redevelopment Agency of the City and County of San Francisco, solely for the purpose of issuing bonds or incurring other indebtedness pursuant to the provisions of Section 34177.7 of the Health and Safety Code.\n(B) A successor agency, as defined in subdivision (j) of Section 34171 of the Health and Safety Code, solely for the purpose of issuing bonds or incurring other indebtedness pursuant to the provisions of Section 34177.5 of the Health and Safety Code.\n(b) \u201cBonds\u201d means all instruments evidencing an indebtedness of a public body incurred or to be incurred for any public purpose, all leases, installment purchase agreements, or similar agreements wherein the obligor is one or more public bodies, all instruments evidencing the borrowing of money in anticipation of taxes, revenues, or other income of that body, all instruments payable from revenues or special funds of those public bodies, all certificates of participation evidencing interests in the leases, installment purchase agreements, or similar agreements, and all instruments funding, refunding, replacing, or amending any thereof or any indebtedness.\n(c) \u201cHereafter\u201d means any time subsequent to the effective date of this act.\n(d) \u201cHeretofore\u201d means any time prior to the effective date of this act.\n(e) \u201cNow\u201d means the effective date of this act.\nSEC. 3.\nAll public bodies heretofore organized or existing under any law, or under color of any law, are hereby declared to have been legally organized and to be legally functioning as those public bodies. Every public body, heretofore described, shall have all the rights, powers, and privileges, and be subject to all the duties and obligations, of those public bodies regularly formed pursuant to law.\nSEC. 4.\nThe boundaries of every public body as heretofore established, defined, or recorded, or as heretofore actually shown on maps or plats used by the assessor, are hereby confirmed, validated, and declared legally established.\nSEC. 5.\nAll acts and proceedings heretofore taken by any public body or bodies under any law, or under color of any law, for the annexation or inclusion of territory into those public bodies or for the annexation of those public bodies to any other public body or for the detachment, withdrawal, or exclusion of territory from any public body or for the consolidation, merger, or dissolution of any public bodies are hereby confirmed, validated, and declared legally effective. This shall include all acts and proceedings of the governing board of any public body and of any person, public officer, board, or agency heretofore done or taken upon the question of the annexation or inclusion or of the withdrawal or exclusion of territory or the consolidation, merger, or dissolution of those public bodies.\nSEC. 6.\n(a) All acts and proceedings heretofore taken by or on behalf of any public body under any law, or under color of any law, for, or in connection with, the authorization, issuance, sale, execution, delivery, or exchange of bonds of any public body for any public purpose are hereby authorized, confirmed, validated, and declared legally effective. This shall include all acts and proceedings of the governing board of public bodies and of any person, public officer, board, or agency heretofore done or taken upon the question of the authorization, issuance, sale, execution, delivery, or exchange of bonds.\n(b) All bonds of, or relating to, any public body heretofore issued shall be, in the form and manner issued and delivered, the legal, valid, and binding obligations of the public body. All bonds of, or relating to, any public body heretofore awarded and sold to a purchaser and hereafter issued and delivered in accordance with the contract of sale and other proceedings for the award and sale shall be the legal, valid, and binding obligations of the public body. All bonds of, or relating to, any public body heretofore authorized to be issued by ordinance, resolution, order, or other action adopted or taken by or on behalf of the public body and hereafter issued and delivered in accordance with that authorization shall be the legal, valid, and binding obligations of the public body. All bonds of, or relating to, any public body heretofore authorized to be issued at an election and hereafter issued and delivered in accordance with that authorization shall be the legal, valid, and binding obligations of the public body. Whenever an election has heretofore been called for the purpose of submitting to the voters of any public body the question of issuing bonds for any public purpose, those bonds, if hereafter authorized by the required vote and in accordance with the proceedings heretofore taken, and issued and delivered in accordance with that authorization, shall be the legal, valid, and binding obligations of the public body.\nSEC. 7.\n(a) This act shall operate to supply legislative authorization as may be necessary to authorize, confirm, and validate any acts and proceedings heretofore taken pursuant to authority the Legislature could have supplied or provided for in the law under which those acts or proceedings were taken.\n(b) This act shall be limited to the validation of acts and proceedings to the extent that the same can be effectuated under the California Constitution and the United States Constitution.\n(c) This act shall not operate to authorize, confirm, validate, or legalize any act, proceeding, or other matter being legally contested or inquired into in any legal proceeding now pending and undetermined or that is pending and undetermined during the period of 30 days from and after the effective date of this act.\n(d) This act shall not operate to authorize, confirm, validate, or legalize any act, proceeding, or other matter that has heretofore been determined in any legal proceeding to be illegal, void, or ineffective.\n(e) This act shall not operate to authorize, confirm, validate, or legalize a contract between any public body and the United States.\nSEC. 8.\nAny action or proceeding contesting the validity of any action or proceeding heretofore taken under any law, or under color of any law, for the formation, organization, or incorporation of any public body, or for any annexation thereto, detachment or exclusion therefrom, or other change of boundaries thereof, or for the consolidation, merger, or dissolution of any public bodies, or for, or in connection with, the authorization, issuance, sale, execution, delivery, or exchange of bonds thereof upon any ground involving any alleged defect or illegality not effectively validated by the prior provisions of this act and not otherwise barred by any statute of limitations or by laches shall be commenced within six months of the effective date of this act, otherwise each and all of those matters shall be held to be valid and in every respect legal and incontestable. This act shall not extend the period allowed for legal action beyond the period that it would be barred by any presently existing valid statute of limitations.\nSEC. 9.\nNothing contained in this act shall be construed to render the creation of any public body, or any change in the boundaries of any public body, effective for purposes of assessment or taxation unless the statement, together with the map or plat, required to be filed pursuant to Chapter 8 (commencing with Section 54900) of Part 1 of Division 2 of Title 5 of the Government Code, is filed within the time and substantially in the manner required by those sections.\nSEC. 10.\nThis act shall become operative on September 1, 2016.\nSEC. 11.\nThis 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:\nIn order to validate the organization, boundaries, acts, proceedings, and bonds of public bodies as soon as possible, it is necessary that this act take immediate effect.","title":""}
{"_id":"c51","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nChapter 6.3 (commencing with Section 1625) is added to Division 2 of the Fish and Game Code, to read:\nCHAPTER  6.3. Oak Woodlands Protection Act\n1625.\nThis chapter shall be known, and may be cited, as the Oak Woodlands Protection Act.\n1626.\nThe Legislature hereby finds and declares all of the following:\n(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.\n(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\u2019 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.\n(c) The future viability of hundreds of California\u2019s wildlife species are dependent on the maintenance of biologically functional and contiguous oak woodland ecosystems at local and bioregional scales.\n(d) A program to encourage and make possible the long-term conservation of oak woodlands is a necessary part of the state\u2019s wildlands protection policies. It is hereby declared to be the policy of the state to conserve oak woodlands and maintain oak ecosystem health.\n1627.\nIt is the intent of the Legislature that this chapter be construed in light of the following primary objectives:\n(a) To conserve oak woodland ecological attributes remaining in California and to provide habitat for wildlife species that are associated with that habitat.\n(b) To provide maximum conservation of the oak woodlands ecosystem.\n(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.\n(d) To restore and perpetuate the state\u2019s most biologically diverse natural resource for future generations of Californians.\n1628.\nFor purposes of this chapter, the following terms have the following meanings:\n(a) \u201cCanopy cover\u201d means the area, measured as a percentage of total ground area, directly under the live branches of an oak tree.\n(b) \u201cOak removal\u201d 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.\n(c) \u201cOak removal permit\u201d means a discretionary permit approving an application to remove, from an oak woodland during any calendar year, oak trees, as specified in Section 1629.\n(d) \u201cOak removal plan\u201d means an oak woodlands biological impacts evaluation and site-specific management plan.\n(e) \u201cOak tree\u201d means any tree in the genus Quercus that is not growing on timberland.\n(f) \u201cOak woodland\u201d 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:\n(1) A nontimberland area on a parcel of five or more acres containing oak trees.\n(2) A nontimberland area on a parcel of at least one or more acres containing valley oak trees.\n(g) \u201cParcel\u201d means a single assessor\u2019s parcel of land as shown on maps produced by the county assessor.\n(h) \u201cRiparian hardwood\u201d means native broadleaved evergreen and deciduous trees that produce flowers and grow within 50 feet, measured horizontally, of any watercourse, lake, or reservoir.\n(i) \u201cTimberland\u201d has the same meaning as defined in Section 4526 of the Public Resources Code.\n(j) \u201cWatercourse\u201d 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 \u201cstream\u201d as defined in Section 4528 of the Public Resources Code.\n1629.\n(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:\n(A) A valley oak tree greater or equal to 10 inches in diameter at breast height.\n(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.\n(2) The director\u2019s 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.\n(b) An oak removal plan and oak removal permit application shall be prepared and signed by a registered professional forester.\n(c) Applications for oak removal permits shall be on a form prescribed by the director.\n(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.\n(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).\n1630.\nAn 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:\n(a) Present and future parcel use.\n(b) Existing and proposed parcel canopy cover percentages.\n(c) A parcel map indicating the location of all proposed oak removal.\n(d) Diameter at breast height and type of oak species to be removed.\n(e) Number of acres on which oak removal will occur.\n(f) Habitat mitigation measures.\n(g) Information required pursuant to Section 21160 of the Public Resources Code.\n1631.\n(a) The director\u2019s 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).\n(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.\n1632.\n(a) The director shall not approve an oak removal permit if any of the following exist:\n(1) The application and oak removal plan do not comply with this chapter or the regulations adopted by the commission to implement this chapter.\n(2) The director cannot make the findings specified in Section 21081 of the Public Resources Code.\n(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.\n(4) Oak or riparian hardwood trees would be removed within 50 feet of any watercourse, lake, or reservoir.\n(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\u2019s environmental effects.\n(6) The applicant does not have a legal or equitable interest in the property subject to the application.\n(7) Implementation of the oak removal plan as proposed would cause a violation of any applicable law.\n(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.\n1633.\n(a) The applicant may appeal the director\u2019s 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.\n(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.\n1634.\n(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.\n(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:\n(1) That irreparable damage will occur if the temporary restraining order, preliminary injunction, or permanent injunction is not issued.\n(2) The remedy at law is inadequate.\n1635.\nThe 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.\n1636.\n(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.\n(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.\n(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.\n(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.\n(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:\n(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.\n(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.\nSEC. 2.\nSection 21083.4 of the Public Resources Code is repealed.\n21083.4.\n(a)For purposes of this section, \u201coak\u201d 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.\n(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:\n(1)Conserve oak woodlands, through the use of conservation easements.\n(2)(A)Plant an appropriate number of trees, including maintaining plantings and replacing dead or diseased trees.\n(B)The requirement to maintain trees pursuant to this paragraph terminates seven years after the trees are planted.\n(C)Mitigation pursuant to this paragraph shall not fulfill more than one-half of the mitigation requirement for the project.\n(D)The requirements imposed pursuant to this paragraph also may be used to restore former oak woodlands.\n(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.\n(4)Other mitigation measures developed by the county.\n(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.\n(d)The following are exempt from this section:\n(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.\n(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.\n(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.\n(4)Projects undertaken pursuant to Section 21080.5 of the Public Resources Code.\n(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.\n(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.\n(f)This section does not preclude the application of Section 21081 to a project.\n(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.\nSEC. 3.\nNo reimbursement is required by this act pursuant to Section 6 of Article XIII\u2009B 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\u2009B of the California Constitution.","title":""}
{"_id":"c220","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 21080.25 of the Public Resources Code is amended to read:\n21080.25.\n(a) For purposes of this section, the following definitions shall apply:\n(1) \u201cAntenna support structures\u201d means lattice towers, monopoles, and roof-mounts.\n(2) \u201cAuthority\u201d means the Los Angeles Regional Interoperable Communication System Joint Powers Authority.\n(3) \u201cHabitat of significant value\u201d includes all of the following:\n(A) Wildlife habitat of national, statewide, or regional importance.\n(B) Habitat identified as candidate, fully protected, sensitive, or species of special status by a state or federal agency.\n(C) Habitat essential to the movement of resident or migratory wildlife.\n(4) \u201cLA-RICS\u201d means the Los Angeles Regional Interoperable Communications System, consisting of a long-term evolution broadband mobile data system, a land mobile radio system, or both.\n(5) \u201cLMR\u201d means a land mobile radio system.\n(6) \u201cLTE\u201d means a long-term evolution broadband mobile data system.\n(7) \u201cRiparian area\u201d means an area that is transitional between terrestrial and aquatic ecosystems, that is distinguished by gradients in biophysical conditions, ecological processes, and biota, and that meets the following criteria:\n(A) Is an area through which surface and subsurface hydrology connect bodies of water with their adjacent uplands.\n(B) Is adjacent to perennial, intermittent, and ephemeral streams, lakes, or estuarine or marine shorelines.\n(C) Includes those portions of terrestrial ecosystems that significantly influence exchanges of energy and matter with aquatic ecosystems.\n(8) \u201cWetlands\u201d has the same meaning as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).\n(9) \u201cWildlife habitat\u201d means the ecological communities upon which wild animals, birds, plants, fish, amphibians, and invertebrates depend for their conservation and protection.\n(b) Except as provided in subdivision (d), if all the criteria specified in subdivision (c) are met at the individual project site, this division does not apply to the design, site acquisition, construction, operation, or maintenance of the following elements of the LA-RICS:\n(1) Antennas, including microwave dishes and arrays.\n(2) Antenna support structures.\n(3) Equipment enclosures.\n(4) Central system switch facilities.\n(5) Associated foundations and equipment.\n(c) As a condition of the exemption specified in subdivision (b), all of the following criteria shall be met at the individual project site:\n(1) The project site is publicly owned and already contains either of the following:\n(A) An antenna support structure and either of the following components:\n(i) Antennas.\n(ii) Equipment enclosures.\n(B) A police or sheriff station or other public facility that transmits or receives public safety radio signals, except a fire station.\n(2) Construction and implementation at the project site would not have a substantial adverse impact on wetlands, riparian areas, or habitat of significant value, and would not harm any species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code), or the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code) or the habitat of those species.\n(3) Construction and implementation of the project at the site would not have a substantial adverse impact on historical resources pursuant to Section 21084.1.\n(4) Operation of the project at the site would not exceed the maximum permissible exposure standards established by the Federal Communications Commission, as set forth in Sections 1.1307 and 1.1310 of Title 47 of the Code of Federal Regulations.\n(5) Any new LTE antenna support structures or LMR antenna support structures would comply with applicable state and federal height restrictions and any height restrictions mandated by an applicable comprehensive land use plan adopted by an airport land use commission. The new monopoles shall not exceed 70 feet in height without appurtenances and attachments, and new lattice towers shall not exceed 180 feet in height without appurtenances and attachments.\n(6) Each new central system switch is located within an existing enclosed structure at a publicly owned project site or is housed at an existing private communications facility.\n(d) Subdivision (b) does not apply if the individual project site is located on either of the following:\n(1) A school site.\n(2) A cultural or sacred site, as described in Section 5097.9 or 5097.993.\n(e) (1) Before determining that a project is not subject to this division pursuant to this section, the authority shall hold a noticed public meeting in each county supervisorial district in which the project is located to hear and respond to public comments. The notice shall be provided at least 72 hours in advance of the meeting and published no fewer times than required by Section 6061 of the Government Code by the authority in a newspaper of general circulation in each county supervisorial district in which the project is located.\n(2) If the authority determines that a project is not subject to this division pursuant to this section, and it determines to approve or carry out that project, the notice of exemption shall be filed with the Office of Planning and Research and the county clerk in the county in which the project is located in the manner specified in subdivisions (b) and (c) of Section 21152. The authority shall post the notice of exemption on its Internet Web site.\n(f) The authority shall post on its Internet Web site all of the following, as applicable:\n(1) Draft and final environmental documentation in compliance with this division or the federal National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et seq.).\n(2) The date of filing of notices required pursuant to this division or the federal National Environmental Policy Act of 1969.\n(3) All notice and hearing information regarding review and approval of environmental documentation by federal agencies.\n(g) On or after January 1, 2017, the authority and its member agencies shall approve use agreements for the LA-RICS in an open and noticed public meeting.\n(h) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.\nSEC. 2.\nNo reimbursement is required by this act pursuant to Section 6 of Article XIII\u2009B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.","title":""}
{"_id":"c172","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 166 of the Penal Code is amended to read:\n166.\n(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:\n(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.\n(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.\n(3) A breach of the peace, noise, or other disturbance directly tending to interrupt the proceedings of the court.\n(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.\n(5) Resistance willfully offered by any person to the lawful order or process of a court.\n(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.\n(7) The publication of a false or grossly inaccurate report of the proceedings of a court.\n(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.\n(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.\n(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.\n(2) For the purposes of sentencing under this subdivision, each contact shall constitute a separate violation of this subdivision.\n(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.\n(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:\n(A) An order issued pursuant to Section 136.2.\n(B) An order issued pursuant to paragraph (2) of subdivision (a) of Section 1203.097.\n(C) An order issued after a conviction in a criminal proceeding involving elder or dependent adult abuse, as defined in Section 368.\n(D) An order issued pursuant to Section 1201.3.\n(E) An order described in paragraph (3).\n(F) An order issued pursuant to subdivision (j) of Section 273.5.\n(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.\n(3) Paragraphs (1) and (2) apply to the following court orders:\n(A) An order issued pursuant to Section 6320 or 6389 of the Family Code.\n(B) An order excluding one party from the family dwelling or from the dwelling of the other.\n(C) An order enjoining a party from specified behavior that the court determined was necessary to effectuate the orders described in paragraph (1).\n(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 \u201ca credible threat\u201d 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.\n(5) The prosecuting agency of each county shall have the primary responsibility for the enforcement of the orders described in paragraph (1).\n(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.\n(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.\n(e) (1) If probation is granted upon conviction of a violation of subdivision (c), the court shall impose probation consistent with Section 1203.097.\n(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:\n(A) That the defendant make payments to a battered women\u2019s shelter, up to a maximum of one thousand dollars ($1,000).\n(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\u2019s offense.\n(3) For an order to pay a fine, make payments to a battered women\u2019s shelter, or pay restitution as a condition of probation under this subdivision or subdivision (c), the court shall make a determination of the defendant\u2019s ability to pay. In no event shall an order to make payments to a battered women\u2019s shelter be made if it would impair the ability of the defendant to pay direct restitution to the victim or court-ordered child support.\n(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.\n(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.\nSEC. 2.\nNo reimbursement is required by this act pursuant to Section 6 of Article XIII\u2009B 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\u2009B of the California Constitution.","title":""}
{"_id":"c150","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 14132.725 of the Welfare and Institutions Code is amended to read:\n14132.725.\n(a) To the extent that federal financial participation is available, face-to-face contact between a health care provider and a patient is not required under the Medi-Cal program for teleophthalmology, teledermatology, and teledentistry, and reproductive health care provided by store and forward. Services appropriately provided through the store and forward process are subject to billing and reimbursement policies developed by the department. A Medi-Cal managed care plan that contracts with the department pursuant to this chapter and Chapter 8 (commencing with Section 14200) shall be required to cover\nthe services described in this section.\nreproductive health care provided by store and forward.\n(b) For purposes of this section, \u201cteleophthalmology, teledermatology, and teledentistry, and reproductive health care provided by store and forward\u201d means an asynchronous transmission of medical or dental information to be reviewed at a later time by a physician at a distant site who is trained in ophthalmology or dermatology or, for teleophthalmology, by an optometrist who is licensed pursuant to Chapter 7 (commencing with Section 3000) of Division 2 of the Business and Professions Code, or a dentist, or, for reproductive health care, by a physician, nurse practitioner, certified nurse midwife, licensed midwife, physician assistant, or registered nurse operating within his or her scope of practice, where the physician, optometrist, dentist, nurse practitioner, certified nurse midwife, licensed midwife, physician assistant, or registered nurse at the distant site reviews the medical or dental information without the patient being present in real time. A patient receiving teleophthalmology, teledermatology, teledentistry, or reproductive health care by store and forward shall be notified of the right to receive interactive communication with the distant specialist physician, optometrist, dentist, nurse practitioner, certified nurse midwife, licensed midwife, physician assistant, or registered nurse and shall receive an interactive communication with the distant specialist physician, optometrist, dentist, nurse practitioner, certified nurse midwife, licensed midwife, physician assistant, or registered nurse upon request. If requested, communication with the distant specialist physician, optometrist, dentist, nurse practitioner, certified nurse midwife, licensed midwife, physician assistant, or registered nurse may occur either at the time of the consultation, or within 30 days of the patient\u2019s notification of the results of the consultation. If the reviewing optometrist identifies a disease or condition requiring consultation or referral pursuant to Section 3041 of the Business and Professions Code, that consultation or referral shall be with an ophthalmologist or other appropriate physician and surgeon, as required.\n(c) (1) To the extent that federal financial participation is available and any necessary federal approvals have been obtained, telephonic and electronic patient management services provided by a physician, or a nonphysician health care provider acting within his or her scope of licensure is a benefit under the Medi-Cal program, both in fee-for-service and managed care delivery systems delivered by Medi-Cal managed care plans that contract with the department pursuant to this chapter and Chapter 8 (commencing with Section 14200). Reimbursement for telephonic and electronic patient management services shall be based on the complexity of and time expended in rendering those services.\n(2) This subdivision shall not be construed to authorize a Medi-Cal managed care plan to require the use of telephonic and electronic patient management services when the physician or nonphysician health care provider has determined that those services are not medically necessary.\n(3) This subdivision shall not be construed to alter the scope of practice of a health care provider or authorize the delivery of health care services in a setting or in a manner\nthan\nthat\nis not otherwise authorized by law.\n(4) All laws regarding the confidentiality of health information and a patient\u2019s right of access to his or her medical information shall apply to telephonic and electronic patient management services.\n(5) This subdivision shall not apply to a patient in the custody of the Department of Corrections and Rehabilitation or any other correctional facility.\n(d) Notwithstanding paragraph (1) of subdivision (b), separate reimbursement of a physician or a nonphysician health care provider shall not be required for any of the following:\n(1) A telephonic or electronic visit that is related to a service or procedure provided to an established patient within a reasonable period of time prior to the telephonic or electronic visit, as recognized by the Current Procedural Terminology codes published by the American Medical Association.\n(2) A telephonic or electronic visit that leads to a related service or procedure provided to an established patient within a reasonable period of time, or within an applicable postoperative period, as recognized by the Current Procedural Terminology codes published by the American Medical Association.\n(3) A telephonic or electronic visit provided as part of a bundle of services for which reimbursement is provided for on a prepaid basis, including capitation, or which reimbursement is provided for using an episode-based payment methodology.\n(4) A telephonic or electronic visit that is not initiated by an established patient, by the parents or guardians of a minor who is an established patient, or by a person legally authorized to make health care decisions on behalf of an established patient.\n(e) Nothing in this section shall be construed to prohibit a Medi-Cal managed care plan from requiring documentation reasonably relevant to a telephonic or electronic visit, as recognized by the Current Procedural Terminology codes published by the American Medical Association.\n(f) For purposes of this section, the following definitions apply:\n(1) \u201cEstablished patient\u201d means a patient who, within three years immediately preceding the telephonic or electronic visit, has received professional services from the provider or another provider of the same specialty or subspecialty who belongs to the same group practice.\n(2) \u201cNonphysician health care provider\u201d means a provider, other than a physician, who is licensed pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code.\n(3) \u201cReproductive health care\u201d means the general reproductive health care services described in paragraph (8) of subdivision (aa) of Section 14132.\n(4) \u201cTelephonic and electronic patient management service\u201d means the use of electronic communication tools to enable treating physicians and nonphysician health care providers to evaluate and manage established patients in a manner that meets all of the following criteria:\n(A) The service does not require an in-person visit with the physician or nonphysician health care provider.\n(B) The service is initiated by the established patient, the parents or guardians of a minor who is an established patient, or a person legally authorized to make health care decisions on behalf of an established patient. \u201cInitiated by an established patient\u201d does not include a visit for which a provider or a person employed by a provider contacts a patient to initiate a service.\n(C) The service is recognized by the Current Procedural Terminology codes published by the American Medical Association.\n(g) The department may seek approval of any state plan amendments necessary to implement this section.\n(h) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may implement, interpret, and make specific this section by means of all-county letters, provider bulletins, and similar instructions.","title":""}
{"_id":"c397","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 836 of the Penal Code is amended to read:\n836.\n(a) A peace officer may arrest a person in obedience to a\nwarrant,\nwarrant\nor, 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\nwarrant, may arrest a person\nwarrant\nwhenever any of the following circumstances occur:\n(1) The officer has probable cause to believe that the person to be arrested has committed a public offense in the officer\u2019s presence.\n(2) The person arrested has committed a felony, although not in the officer\u2019s presence.\n(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.\n(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\u2019s 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.\n(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.\n(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.\n(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.\n(d) Notwithstanding paragraph (1) of subdivision (a), if a suspect commits an assault or battery upon a current or former spouse, fianc\u00e9, fianc\u00e9e, 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\nwhere\nwhen\nboth of the following circumstances apply:\n(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.\n(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.\n(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:\n(1) The officer has reasonable cause to believe that the person to be arrested has committed the violation of Section 25400.\n(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.\n(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.\n(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.\nSECTION 1.\nSection 15030 is added to the\nGovernment Code\n, to read:\n15030.\n(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.\n(b)The department may promulgate regulations to implement this section.\n(c)For purposes of this section, \u201chuman trafficking\u201d has the same meaning as defined in Section 236.1 of the Penal Code.","title":""}
{"_id":"c301","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 4073.5 is added to the Business and Professions Code, to read:\n4073.5.\n(a) A pharmacist filling a prescription order for a prescribed biological product may select an alternative biological product only if all of the following:\n(1) The alternative biological product is interchangeable.\n(2) The prescriber does not personally indicate \u201cDo not substitute,\u201d or words of similar meaning, in the manner provided in subdivision (d).\n(b) Within five days following the dispensing of a biological product, a dispensing pharmacist or the pharmacists\u2019 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:\n(1) An interoperable electronic medical records system.\n(2) An electronic prescribing technology.\n(3) A pharmacy benefit management system.\n(4) A pharmacy record.\n(c) Entry into an electronic records system as described in subdivision (b) is presumed to provide notice to the prescriber.\n(d) If the pharmacy does not have access to one or more of the entry systems in subdivision (b), the pharmacist or the pharmacist\u2019s 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:\n(1) There is no interchangeable biological product approved by the federal Food and Drug Administration for the product prescribed.\n(2) A refill prescription is not changed from the product dispensed on the prior filling of the prescription.\n(e) In no case shall a selection be made pursuant to this section if the prescriber personally indicates, either orally or in his or her own handwriting, \u201cDo not substitute,\u201d or words of similar meaning.\n(1) This subdivision shall not prohibit a prescriber from checking a box on a prescription marked \u201cDo not substitute,\u201d provided that the prescriber personally initials the box or checkmark.\n(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 \u201cDo not substitute,\u201d or words of similar meaning, in the prescription as transmitted by electronic data, or may check a box marked on the prescription \u201cDo not substitute.\u201d In either instance, it shall not be required that the prohibition on substitution be manually initialed by the prescriber.\n(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. In no case shall the pharmacist 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.\n(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.\n(h) When a selection is made pursuant to this section, the substitution of a biological product shall be communicated to the patient.\n(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.\n(j) For purposes of this section, the following terms shall have the following meanings:\n(1) \u201cBiological product\u201d 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)).\n(2) \u201cInterchangeable\u201d 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.\n(3) \u201cPrescription,\u201d 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)).\n(k) This section shall not prohibit the administration of immunizations, as permitted in Sections 4052 and 4052.8.\n(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.\nSEC. 2.\nNo reimbursement is required by this act pursuant to Section 6 of Article XIII\u2009B 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\u2009B of the California Constitution.","title":""}
{"_id":"c268","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 30013 is added to the Public Resources Code, to read:\n30013.\nThe Legislature further finds and declares that in order to advance the principles of environmental justice and equality, subdivision (a) of Section 11135 of the Government Code and subdivision (e) of Section 65040.12 of the Government Code apply to the commission and all public agencies implementing the provisions of this division. As required by Section 11135 of the Government Code, no person in the State of California, on the basis of race, national origin, ethnic group identification, religion, age, sex, sexual orientation, color, genetic information, or disability, shall be unlawfully denied full and equal access to the benefits of, or be unlawfully subjected to discrimination, under any program or activity that is conducted, operated, or administered pursuant to this division, is funded directly by the state for purposes of this division, or receives any financial assistance from the state pursuant to this division.\nSEC. 2.\nSection 30107.3 is added to the Public Resources Code, to read:\n30107.3.\n\u201cEnvironmental justice\u201d means the fair treatment of people of all races, cultures, and incomes with respect to the development, adoption, implementation, and enforcement of environmental laws, regulations, and policies.\nSEC. 3.\nSection 30301 of the Public Resources Code is amended to read:\n30301.\nThe commission shall consist of the following 15 members:\n(a) The Secretary of the Natural Resources Agency.\n(b) The Secretary of Transportation.\n(c) The Chairperson of the State Lands Commission.\n(d) Six representatives of the public from the state at large. The Governor, the Senate Committee on Rules, and the Speaker of the Assembly shall each appoint two of these members.\n(e) Six representatives selected from six coastal regions. The Governor shall select one member from the north coast region and one member from the south central coast region. The Speaker of the Assembly shall select one member from the central coast region and one member from the San Diego coast region. The Senate Committee on Rules shall select one member from the north central coast region and one member from the south coast region. For purposes of this division, these regions are defined as follows:\n(1) The north coast region consists of the Counties of Del Norte, Humboldt, and Mendocino.\n(2) The north central coast region consists of the Counties of Sonoma and Marin and the City and County of San Francisco.\n(3) The central coast region consists of the Counties of San Mateo, Santa Cruz, and Monterey.\n(4) The south central coast region consists of the Counties of San Luis Obispo, Santa Barbara, and Ventura.\n(5) The south coast region consists of the Counties of Los Angeles and Orange.\n(6) The San Diego coast region consists of the County of San Diego.\n(f) Of the representatives appointed by the Governor pursuant to subdivision (d) or (e), one of the representatives shall reside in, and work directly with, communities in the state that are disproportionately burdened by, and vulnerable to, high levels of pollution and issues of environmental justice, including, but not limited to, communities with diverse racial and ethnic populations and communities with low-income populations. The Governor shall appoint a representative qualified pursuant to this subdivision to a vacant position from the appointments available pursuant to either subdivision (d) or (e) no later than the fourth appointment available after January 1, 2017.\nSEC. 4.\nSection 30604 of the Public Resources Code is amended to read:\n30604.\n(a) Prior to certification of the local coastal program, a coastal development permit shall be issued if the issuing agency, or the commission on appeal, finds that the proposed development is in conformity with Chapter 3 (commencing with Section 30200) and that the permitted development will not prejudice the ability of the local government to prepare a local coastal program that is in conformity with Chapter 3 (commencing with Section 30200). A denial of a coastal development permit on grounds it would prejudice the ability of the local government to prepare a local coastal program that is in conformity with Chapter 3 (commencing with Section 30200) shall be accompanied by a specific finding that sets forth the basis for that conclusion.\n(b) After certification of the local coastal program, a coastal development permit shall be issued if the issuing agency, or the commission on appeal, finds that the proposed development is in conformity with the certified local coastal program.\n(c) Every coastal development permit issued for any development between the nearest public road and the sea or the shoreline of any body of water located within the coastal zone shall include a specific finding that the development is in conformity with the public access and public recreation policies of Chapter 3 (commencing with Section 30200).\n(d) No development or any portion thereof that is outside the coastal zone shall be subject to the coastal development permit requirements of this division, nor shall anything in this division authorize the denial of a coastal development permit by the commission on the grounds the proposed development within the coastal zone will have an adverse environmental effect outside the coastal zone.\n(e) No coastal development permit may be denied under this division on the grounds that a public agency is planning or contemplating to acquire the property, or property adjacent to the property, on which the proposed development is to be located, unless the public agency has been specifically authorized to acquire the property and there are funds available, or funds that could reasonably be expected to be made available within one year, for the acquisition. If a permit has been denied for that reason and the property has not been acquired by a public agency within a reasonable period of time, a permit may not be denied for the development on grounds that the property, or adjacent property, is to be acquired by a public agency when the application for such a development is resubmitted.\n(f) The commission shall encourage housing opportunities for persons of low and moderate income. In reviewing residential development applications for low- and moderate-income housing, as defined in paragraph (3) of subdivision (h) of Section 65589.5 of the Government Code, the issuing agency, or the commission on appeal, may not require measures that reduce residential densities below the density sought by an applicant if the density sought is within the permitted density or range of density established by local zoning plus the additional density permitted under Section 65915 of the Government Code, unless the issuing agency or the commission on appeal makes a finding, based on substantial evidence in the record, that the density sought by the applicant cannot feasibly be accommodated on the site in a manner that is in conformity with Chapter 3 (commencing with Section 30200) or the certified local coastal program.\n(g) The Legislature finds and declares that it is important for the commission to encourage the protection of existing and the provision of new affordable housing opportunities for persons of low and moderate income in the coastal zone.\n(h) When acting on a coastal development permit, the issuing agency, or the commission on appeal, may consider environmental justice, or the equitable distribution of environmental benefits throughout the state.","title":""}
{"_id":"c410","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 9204 is added to the Public Contract Code, to read:\n9204.\n(a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner.\n(b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project.\n(c) For purposes of this section:\n(1) \u201cClaim\u201d means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:\n(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project.\n(B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled.\n(C) Payment of an amount that is disputed by the public entity.\n(2) \u201cContractor\u201d means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project.\n(3) (A) \u201cPublic entity\u201d means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency.\n(B) \u201cPublic entity\u201d shall not include the following:\n(i) The Department of Water Resources as to any project under the jurisdiction of that department.\n(ii) The Department of Transportation as to any project under the jurisdiction of that department.\n(iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department.\n(iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code.\n(v) The Military Department as to any project under the jurisdiction of that department.\n(vi) The Department of General Services as to all other projects.\n(vii) The High-Speed Rail Authority.\n(4) \u201cPublic works project\u201d means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind.\n(5) \u201cSubcontractor\u201d means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor.\n(d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision.\n(B) The claimant shall furnish reasonable documentation to support the claim.\n(C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion.\n(D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply.\n(2) (A) If the claimant disputes the public entity\u2019s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute.\n(B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section.\n(C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.\n(D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.\n(E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties\u2019 dispute.\n(3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity\u2019s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant.\n(4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.\n(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so.\n(e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section.\n(f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section.\n(g) This section applies to contracts entered into on or after January 1, 2017.\n(h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations.\n(i) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.\nSEC. 2.\nThe Legislature finds and declares that it is of statewide concern to require a charter city, charter county, or charter city and county to follow a prescribed claims resolution process to ensure there are uniform and equitable procurement practices.\nSEC. 3.\nIf 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.","title":""}
{"_id":"c87","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 11166.02 is added to the Penal Code, to read:\n11166.02.\n(a) A county welfare agency, as determined in Section 10612.5 of the Welfare and Institutions Code, may develop a pilot program for Internet-based reporting of child abuse and neglect. The pilot program may receive reports by mandated reporters, as specified in paragraph (5), of suspected child abuse or neglect and shall meet all of the following conditions:\n(1) The suspected child abuse or neglect does not indicate that the child is subject to an immediate risk of abuse, neglect, or exploitation or that the child is in imminent danger of severe harm or death.\n(2) The agency provides an Internet form that includes standardized safety assessment qualifying questions in order to obtain necessary information required to assess the need for child welfare services and a response. The State Department of Social Services shall provide guidance through written directives to counties participating in the pilot program to incorporate qualifying questions in the online report that would indicate the need to redirect the mandated reporter to perform a telephone report.\n(3) The mandated reporter is required to complete all required fields, including identity and contact information of the mandated reporter, in order to submit the report.\n(4) The agency provides an Internet-based reporting system that has appropriate security protocols to preserve the confidentiality of the reports and any documents or photographs submitted through the system.\n(5) The system can only be used by mandated reporters who are any of the following:\n(A) A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.\n(B) A probation officer or social worker, as defined in Section 215 of the Welfare and Institutions Code.\n(C) A school teacher, counselor, or administrator.\n(D) A physician and surgeon, psychologist, licensed nurse, or clinical social worker licensed pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code.\n(E) A coroner.\n(6) Nothing in this section shall be construed as changing current statutory or regulatory requirements regarding timely review, assessment, and response to reports of possible abuse or neglect.\n(b) (1) In a county where the pilot program is active, a mandated reporter listed in paragraph (5) of subdivision (a) may use the Internet-based reporting tool in lieu of the required initial telephone report required by subdivision (a) of Section 11166. A mandated reporter listed in paragraph (5) of subdivision (a) submitting an Internet-based report in accordance with this subdivision shall, as soon as practically possible, cooperate with the agency on any requests for additional information if needed to investigate the report, subject to applicable confidentiality requirements.\n(2) In a county where the pilot program is active, a mandated reporter who submits the initial report through the Internet-based reporting tool in lieu of the required initial telephone report is not required to submit the written followup report required pursuant to subdivision (a) of Section 11166.\n(c) This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date.\nSEC. 2.\nSection 10612.5 is added to the Welfare and Institutions Code, to read:\n10612.5.\n(a) The department shall consult with the County Welfare Directors Association of California and any interested county welfare agencies to determine which counties may be involved in the pilot program established pursuant to Section 11166.02 of the Penal Code. The pilot program may operate in up to 10 counties.\n(b) The department shall oversee and administer the pilot program through the issuance of written directives that shall have the same force and effect as regulations. The directives shall be exempt from 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).\n(c) A county that chooses to participate in the pilot program shall hire an evaluator to monitor the implementation of the program in accordance with directives issued by the department pursuant to subdivision (b).\n(d) (1) In addition to any requirements set forth by the department under this section, a county that participates in the pilot program shall, in collaboration with the County Welfare Directors Association of California and the department, develop outcome measures to determine the effectiveness of the pilot program of the county during the duration of the pilot program, which may include the following:\n(A) The number of reports provided by telephone and any increase or decrease in the usage of telephone reports.\n(B) The number of reports provided through the Internet-based reporting system and any increase or decrease in usage of the system.\n(C) Any increase or decrease in the number of emergency or nonemergency telephone reports.\n(D) Any increase or decrease in the overall number of emergency or nonemergency reports.\n(2) A county that participates in the pilot program shall, on or before January 1, 2020, provide information to the Assembly Committee on Human Services and the Senate Committee on Human Services pertaining to the effectiveness of the pilot program based on the outcome measures developed pursuant to this subdivision.\n(e) The department may conclude the pilot program on a county-by-county basis prior to January 1, 2021, if the evaluation and monitoring indicate the pilot program is compromising the safety of children.\n(f) This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date.","title":""}
{"_id":"c374","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 6795.2 is added to the Business and Professions Code, to read:\n6795.2.\n(a) At the time of renewal specified in Section 6795 or 6796, the board shall administer an assessment of the certificate holder to reinforce the certificate holder\u2019s knowledge of state laws and the board\u2019s rules and regulations. Failure to complete this assessment within 60 days after the date of expiration of the certificate may result in disciplinary action under Section 6775, but shall not affect the renewal of the certificate.\n(b) The crime in subdivision (j) of Section 6787 shall not apply to this section.\n(c) The board shall not charge the certificate holder a fee for the administration or development of the assessment.\n(d) For the purposes of this section, \u201cassessment\u201d means an online program that contains educational reading material and questions. The material shall be based on state law and the board\u2019s rules and regulations relating to the practice of professional engineers. The scope of the assessment shall be limited to the board\u2019s top five types of violations related to the administrative and procedural aspects of the practice of professional engineers and any changes or additions to existing law related to such administrative and procedural aspects.\nSEC. 2.\nSection 7841.1 of the Business and Professions Code is amended to read:\n7841.1.\nAn applicant for licensure as a geophysicist shall have all of the following qualifications. This section shall not apply to applicants for licensure as geologists.\n(a) Not have committed any acts or crimes constituting grounds for denial of licensure under Section 480.\n(b) Meet one of the following educational requirements fulfilled at a school or university whose curricula meet criteria established by rules of the board.\n(1) Graduation with a major in a geophysical science or any other discipline that, in the opinion of the board, is relevant to geophysics.\n(2) Completion of a combination of at least 30 semester hours, or the equivalent, in courses that, in the opinion of the board, are relevant to geophysics. At least 24 semester hours, or the equivalent, shall be in the third or fourth year, or graduate courses.\n(c) Have at least seven years of professional geophysical work that shall include either a minimum of three years of professional geophysical work under the supervision of a professional geophysicist, except that prior to July 1, 1973, professional geophysical work shall qualify under this subdivision if it is under the supervision of a qualified geophysicist, or a minimum of five years\u2019 experience in responsible charge of professional geophysical work. Professional geophysical work does not include the routine maintenance or operation of geophysical instruments, or, even if carried out under the responsible supervision of a professional geophysicist, the routine reduction or plotting of geophysical observations.\nEach year of undergraduate study in the geophysical sciences referred to in this section shall count as one-half year of training up to a maximum of two years, and each year of graduate study or research counts as a year of training.\nTeaching in the geophysical sciences referred to in this section at a college level shall be credited year for year toward meeting the requirement in this category, provided that the total teaching experience includes six semester units per semester, or equivalent if on the quarter system, of the third or fourth year or graduate courses.\nCredit for undergraduate study, graduate study, and teaching, individually, or in any combination thereof, shall in no case exceed a total of four years towards meeting the requirements for at least seven years of professional geophysical work as set forth above.\nThe ability of the applicant shall have been demonstrated by his or her having performed the work in a responsible position, as the term \u201cresponsible position\u201d is defined in regulations adopted by the board. The adequacy of the required supervision and experience shall be determined by the board in accordance with standards set forth in regulations adopted by it.\n(d) Successfully pass a written examination that shall test the applicant\u2019s knowledge of state laws, rules, and regulations, and of the principles and practices of geophysics within this state. The board shall administer the test on the state laws and the board\u2019s rules and regulations as a separate part of the examination for licensure as a geophysicist.\nSEC. 3.\nSection 7881.5 is added to the Business and Professions Code, to read:\n7881.5.\n(a) At the time of renewal specified in Section 7880 or 7881, the board shall administer an assessment of the certificate holder to reinforce the certificate holder\u2019s knowledge of state laws and the board\u2019s rules and regulations. Failure to complete this assessment within 60 days after the date of expiration of the certificatcified in Section 8801 or 8802, the board shall administer an assessment of the licenseholder to reinforce the licenseholder\u2019s knowledge of state laws and the board\u2019s rules and regulations. Failure to complete this assessment within 60 days after the date of expiration of the license may result in disciplinary action under Section 8780, but shall not affect the renewal of the license.\n(b) The crime in subdivision (j) of Section 8792 shall not apply to this section.\n(c) The board shall not charge the licenseholder a fee for the administration or development of the assessment.\n(d) For the purposes of this section, \u201cassessment\u201d means an online program that contains educational reading material and questions. The material shall be based on state law and the board\u2019s rules and regulations relating to the practice of professional land surveyors. The scope of the assessment shall be limited to the board\u2019s top five types of violations related to the administrative and procedural aspects of the practice of professional land surveyors and any changes or additions to existing law related to such administrative and procedural aspects.","title":""}
{"_id":"c18","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nArticle 1 (commencing with Section 104250) is added to Chapter 4 of Part 1 of Division 103 of the Health and Safety Code, to read:\nArticle  1. Diabetes.\n104250.\nThe Legislature finds and declares all of the following:\n(a) It is reported that one in seven adult Californians has diabetes, and the numbers are rising rapidly. The actual number of those whose lives are affected by diabetes is unknown and stands to be much higher when factoring in the incidence of type 1 diabetes and undiagnosed gestational diabetes.\n(b) California has the greatest number of annual new cases of diabetes in the United States.\n(c) The incidence of diabetes amongst all Californians has increased 32 percent over the past decade.\n(d) Over 11.4 million people in California have prediabetes, a condition that is a precursor to full onset type 2 diabetes. This suggests that the total population of those diagnosed will continue to rise in the absence of interventions.\n(e) The prevalence of diagnosed gestational diabetes in California has increased 60 percent in just seven years, from 3.3 percent of hospital deliveries in 1998 to 5.3 percent of hospital deliveries in 2005, with the federal Centers for Disease Control and Prevention stating that the diagnosis rate could run as high as 18.3 percent.\n(f) The fiscal impact to the State of California, including total health care and related costs for the treatment of diabetes, was over $35.9 billion in 2010.\n(g) There is a disproportionate prevalence of type 2 diabetes among Californians who are Black, Hispanic, or of Asian origin compared to the general population. As of 2010, the incidence of diabetes among Black and Hispanic people was nearly double that among non-Hispanic Whites at approximately 14 percent. Asians and Pacific Islanders, in the aggregate, experience higher rates of diabetes than other populations. Certain groups within the Asian and Pacific Islander population experience the highest prevalence and risk overall, including Filipino, South Asians, and Pacific Islanders, who suffer from diabetes at rates of 15 percent, 16 percent, and more than 18 percent, respectively.\n(h) A recent study of a large state with a sizable diabetes population found that the rate of diagnosed diabetes in that state\u2019s Medicaid population is nearly double that of its general population.\n(i) There is no cure for any type of diabetes; however, there is evidence that diabetes can be prevented or delayed in onset through lifestyle changes and medical intervention.\n(j) Diabetes, when left untreated, can lead to serious and costly complications and a reduced lifespan.\n(k) Many of these serious complications can be delayed or avoided with timely diagnosis, effective patient self-care, and improved social awareness.\n(l) It is the intent of the Legislature to require the State Department of Public Health to provide to the Legislature information, including the annual federal Centers for Disease Control and Prevention progress report, on diabetes prevention and management activities conducted by the State Department of Public Health and expenditures associated with diabetes prevention and management activities. These activities are set forth by the State Department of Public Health in the California Wellness Plan 2014 and the report dated September 2014 entitled \u201cBurden of Diabetes in California.\u201d\n104251.\n(a) The State Department of Public Health shall submit a report to the Legislature on or before January 1, 2019, that includes a summary and compilation of recommendations on diabetes prevention and management, if any, from all of the following sources:\n(1) The University of California.\n(2) The federal Centers for Disease Control and Prevention.\n(3) The California Wellness Plan.\n(4) Other statewide diabetes stakeholder groups.\n(5) Other entities identified by the department as having relevant findings and recommendations.\n(b) The department shall include in the report any recommendations from those institutions on all of the following items:\n(1) Evidence-based strategies to prevent or manage diabetes.\n(2) An analysis of the financial impact diabetes and its complications have on the state.\n(3) Policy recommendations for the prevention and management of diabetes.\n(c) The department shall also include in the report a description of the existing level of coordination between state departments with regard to programmatic activities and the provision of information to the public regarding managing and preventing diabetes and its complications.\n(d) Commencing July 1, 2017, the department shall annually post all of the following information on its Internet Web site:\n(1) A summary of the amount and source of any funding directed to the department for programs and activities aimed at preventing or managing diabetes.\n(2) A summary of the expenditures by the department on programs and activities aimed at preventing or managing diabetes.\n(e) (1) The requirement for submitting a report imposed under subdivision (a) is inoperative on January 1, 2024.\n(2) The report submitted to the Legislature pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code.","title":""}
{"_id":"c83","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 1098 of the Civil Code is amended to read:\n1098.\n(a) A \u201ctransfer fee\u201d is any fee payment requirement imposed within a covenant, restriction, or condition contained in any deed, contract, security instrument, or other document affecting the transfer or sale of, or any interest in, real property that requires a fee be paid as a result of transfer of the real property. A transfer fee does not include any of the following:\n(1) Fees or taxes imposed by a governmental entity.\n(2) Fees pursuant to mechanics\u2019 liens.\n(3) Fees pursuant to court-ordered transfers, payments, or judgments.\n(4) Fees pursuant to property agreements in connection with a legal separation or dissolution of marriage.\n(5) Fees, charges, or payments in connection with the administration of estates or trusts pursuant to Division 7 (commencing with Section 7000), Division 8 (commencing with Section 13000), or Division 9 (commencing with Section 15000) of the Probate Code.\n(6) Fees, charges, or payments imposed by lenders or purchasers of loans, as these entities are described in subdivision (c) of Section 10232 of the Business and Professions Code.\n(7) Assessments, charges, penalties, or fees authorized by the Davis-Stirling Common Interest Development Act (Part 5 (commencing with Section 4000) of Division 4) or by the Commercial and Industrial Common Interest Development Act (Part 5.3 (commencing with Section 6500) of Division 4).\n(8) Fees, charges, or payments for failing to comply with, or for transferring the real property prior to satisfying, an obligation to construct residential improvements on the real property.\n(9) (A) Any fee reflected in a document recorded against the property on or before December 31, 2007, that is separate from any covenants, conditions, and restrictions, and that substantially complies with subdivision (a) of Section 1098.5 by providing a prospective transferee notice of the following:\n(i) Payment of a transfer fee is required.\n(ii) The amount or method of calculation of the fee.\n(iii) The date or circumstances under which the transfer fee payment requirement expires, if any.\n(iv) The entity to which the fee will be paid.\n(v) The general purposes for which the fee will be used.\n(B) A fee reflected in a document recorded against the property on or before December 31, 2007, that is not separate from any covenants, conditions, and restrictions, or that incorporates by reference from another document, is a \u201ctransfer fee\u201d for purposes of Section 1098.5. A transfer fee recorded against the property on or before December 31, 2007, that complies with subparagraph (A) and incorporates by reference from another document is unenforceable unless recorded against the property on or before December 31, 2016, in a single document that complies with subdivision (b) and with Section 1098.5.\n(b) The information in paragraph (9) of subdivision (a) shall be set forth in a single document and shall not be incorporated by reference from any other document.\nSEC. 2.\nSection 1098.5 of the Civil Code is amended to read:\n1098.5.\n(a) For transfer fees, as defined in Section 1098, imposed prior to January 1, 2008, the receiver of the fee, as a condition of payment of the fee on or after January 1, 2009, shall record, on or before December 31, 2008, against the real property in the office of the county recorder for the county in which the real property is located a separate document that meets all of the following requirements:\n(1) The title of the document shall be \u201cPayment of Transfer Fee Required\u201d in at least 14-point boldface type.\n(2) The document shall include all of the following information:\n(A) The names of all current owners of the real property subject to the transfer fee, and the legal description and assessor\u2019s parcel number for the affected real property.\n(B) The amount, if the fee is a flat amount, or the percentage of the sales price constituting the cost of the fee.\n(C) If the real property is residential property, actual dollar-cost examples of the fee for a home priced at two hundred fifty thousand dollars ($250,000), five hundred thousand dollars ($500,000), and seven hundred fifty thousand dollars ($750,000).\n(D) The date or circumstances under which the transfer fee payment requirement expires, if any.\n(E) The purpose for which the funds from the fee will be used.\n(F) The entity to which funds from the fee will be paid and specific contact information regarding where the funds are to be sent.\n(G) The signature of the authorized representative of the entity to which funds from the fee will be paid.\n(b) When a transfer fee, as defined in Section 1098, is imposed upon real property on or after January 1, 2008, the person or entity imposing the transfer fee, as a condition of payment of the fee, shall record in the office of the county recorder for the county in which the real property is located, concurrently with the instrument creating the transfer fee requirement, a separate document that meets all of the following requirements:\n(1) The title of the document shall be \u201cPayment of Transfer Fee Required\u201d in at least 14-point boldface type.\n(2) The document shall include all of the following information:\n(A) The names of all current owners of the real property subject to the transfer fee, and the legal description and assessor\u2019s parcel number for the affected real property.\n(B) The amount, if the fee is a flat amount, the percentage of the sales price constituting the cost of the fee, or the method for calculating the amount.\n(C) If the real property is residential property and the amount of the fee is based on the price of the real property, actual dollar-cost examples of the fee for a home priced at two hundred fifty thousand dollars ($250,000), five hundred thousand dollars ($500,000), and seven hundred fifty thousand dollars ($750,000).\n(D) The date or circumstances under which the transfer fee payment requirement expires, if any.\n(E) The purpose for which the funds from the fee will be used.\n(F) The entity to which funds from the fee will be paid and specific contact information regarding where the funds are to be sent.\n(G) The signature of the authorized representative of the entity to which funds from the fee will be paid.\n(c) The recorder shall only be responsible for examining that the document required by subdivision (a) or (b) contains the information required by subparagraphs (A), (F), and (G) of paragraph (2) of subdivision (a) or (b). The recorder shall index the document under the names of the persons and entities identified in subparagraphs (A) and (F) of paragraph (2) of subdivision (a) or (b). The recorder shall not examine any other information contained in the document required by subdivision (a) or (b).\nSEC. 3.\nSection 1102.6e of the Civil Code is amended to read:\n1102.6e.\nIf a property being transferred on or after January 1, 2008, is subject to a transfer fee, as defined in Section 1098, the transferor shall provide, at the same time as the transfer disclosure statement required pursuant to Section 1102.6 is provided if the document required by subdivision (b) of Section 1098.5 has not already been provided, an additional disclosure statement containing all of the following:\n(a) Notice that payment of a transfer fee is required as a result of transfer of the property.\n(b) The amount of the fee required for the asking price of the real property, if the amount of the fee is based on the price of the real property, and a description of how the fee is calculated.\n(c) Notice that the final amount of the fee may be different if the fee is based upon a percentage of the final sale price.\n(d) The entity to which funds from the fee will be paid.\n(e) The purposes for which funds from the fee will be used.\n(f) The date or circumstances under which the obligation to pay the transfer fee expires, if any.\nSEC. 4.\nThe Legislature finds and declares that the addition of subdivision (b) to Section 1098 of, and the amendments to Sections 1098.5 and 1102.6e of, the Civil Code made by this act are clarifying and declaratory of existing law.","title":""}
{"_id":"c46","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nChapter 3.6 (commencing with Section 11366) is added to Part 1 of Division 3 of Title 2 of the Government Code, to read:\nCHAPTER  3.6. Regulatory Reform\nArticle  1. Findings and Declarations\n11366.\nThe Legislature finds and declares all of the following:\n(a) The Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340), Chapter 4 (commencing with Section 11370), Chapter 4.5 (commencing with Section 11400), and Chapter 5 (commencing with Section 11500)) requires agencies and the Office of Administrative Law to review regulations to ensure their consistency with law and to consider impacts on the state\u2019s economy and businesses, including small businesses.\n(b) However, the act does not require agencies to individually review their regulations to identify overlapping, inconsistent, duplicative, or out-of-date regulations that may exist.\n(c) At a time when the state\u2019s economy is slowly recovering, unemployment and underemployment continue to affect all Californians, especially older workers and younger workers who received college degrees in the last seven years but are still awaiting their first great job, and with state government improving but in need of continued fiscal discipline, it is important that state agencies systematically undertake to identify, publicly review, and eliminate overlapping, inconsistent, duplicative, or out-of-date regulations, both to ensure they more efficiently implement and enforce laws and to reduce unnecessary and outdated rules and regulations.\nArticle  2. Definitions\n11366.1.\nFor the purposes of this chapter, the following definitions shall apply:\n(a) \u201cState agency\u201d means a state agency, as defined in Section 11000, except those state agencies or activities described in Section 11340.9.\n(b) \u201cRegulation\u201d has the same meaning as provided in Section 11342.600.\nArticle  3. State Agency Duties\n11366.2.\nOn or before January 1, 2019, each state agency shall do all of the following:\n(a) Review all provisions of the California Code of Regulations adopted by that state agency.\n(b) Identify any regulations that are duplicative, overlapping, inconsistent, or out of date.\n(c) Adopt, amend, or repeal regulations to reconcile or eliminate any duplication, overlap, inconsistencies, or out-of-date provisions, and shall comply with the process specified in Article 5 (commencing with Section 11346) of Chapter 3.5, unless the addition, revision, or deletion is without regulatory effect and may be done pursuant to Section 100 of Title 1 of the California Code of Regulations.\n(d) Hold at least one noticed public hearing, which shall be noticed on the Internet Web site of the state agency, for the purposes of accepting public comment on proposed revisions to its regulations.\n(e) Notify the appropriate policy and fiscal committees of each house of the Legislature of the revisions to regulations that the state agency proposes to make at least 30 days prior to initiating the process under Article 5 (commencing with Section 11346) of Chapter 3.5 or Section 100 of Title 1 of the California Code of Regulations.\n(f) (1) Report to the Governor and the Legislature on the state agency\u2019s compliance with this chapter, including the number and content of regulations the state agency identifies as duplicative, overlapping, inconsistent, or out of date, and the state agency\u2019s actions to address those regulations.\n(2) The report shall be submitted in compliance with Section 9795 of the Government Code.\n11366.3.\n(a) On or before January 1, 2019, each agency listed in Section 12800 shall notify a department, board, or other unit within that agency of any existing regulations adopted by that department, board, or other unit that the agency has determined may be duplicative, overlapping, or inconsistent with a regulation adopted by another department, board, or other unit within that agency.\n(b) A department, board, or other unit within an agency shall notify that agency of revisions to regulations that it proposes to make at least 90 days prior to a noticed public hearing pursuant to subdivision (d) of Section 11366.2 and at least 90 days prior to adoption, amendment, or repeal of the regulations pursuant to subdivision (c) of Section 11366.2. The agency shall review the proposed regulations and make recommendations to the department, board, or other unit within 30 days of receiving the notification regarding any duplicative, overlapping, or inconsistent regulation of another department, board, or other unit within the agency.\n11366.4.\nAn agency listed in Section 12800 shall notify a state agency of any existing regulations adopted by that agency that may duplicate, overlap, or be inconsistent with the state agency\u2019s regulations.\n11366.45.\nThis chapter shall not be construed to weaken or undermine in any manner any human health, public or worker rights, public welfare, environmental, or other protection established under statute. This chapter shall not be construed to affect the authority or requirement for an agency to adopt regulations as provided by statute. Rather, it is the intent of the Legislature to ensure that state agencies focus more efficiently and directly on their duties as prescribed by law so as to use scarce public dollars more efficiently to implement the law, while achieving equal or improved economic and public benefits.\nArticle  4. Chapter Repeal\n11366.5.\nThis chapter shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.\nSEC. 2.\nThis 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:\nIn order for state agencies to timely complete a full review of regulations by the 2019 deadline, it is necessary that this act take effect immediately.\nSECTION 1.\nThe Legislature finds and declares the following:\n(a)In 2013, the United States Department of Housing and Urban Development (HUD) reported that California has nearly 40,000 chronically homeless persons, which is 36 percent of the total chronically homeless population of the United States. This is due in large part to an insufficient amount of affordable housing in California.\n(b)HUD also reported that there are over 15,000 homeless veterans in California.\n(c)Several studies, including one by the Journal of the American Medical Association, have demonstrated that it is far more cost effective and efficient to provide the homeless with permanent, supportive housing through \u201crapid rehousing\u201d and \u201chousing first\u201d initiatives. These measures also reduce the cost to governments of funding shelters and emergency services.\nSEC. 2.\nChapter 1 (commencing with Section 15290) is added to Part 6.6 of Division 3 of Title 2 of the\nGovernment Code\n, to read:\n1.\nRapid Rehousing Enhancement Program\n15290.\nFor the purposes of this chapter, the following definitions shall apply:\n(a)\u201cDepartment\u201d means the Department of Housing and Community Development.\n(b)\u201cHomeless\u201d has the same meaning as defined in Section 576.2 of Title 24 of the Code of Federal Regulations.\n(c)\u201cEnhancement program\u201d means the program established pursuant to this chapter for distributing funds to counties and private nonprofit organizations.\n(d)\u201cPrivate nonprofit organization\u201d has the same meaning as defined in Section 11371 of Title 42 of the United States Code.\n15290.5.\n(a)Upon appropriation of funds in the annual Budget Act, the department shall establish an enhancement program for awarding grants to counties and private nonprofit organizations that operate a rapid rehousing program. The department shall administer the enhancement program.\n(b)The department shall develop guidelines to select four counties or private nonprofit organizations to participate in the enhancement program. Eligible counties and private nonprofit organizations shall include counties and private nonprofit organizations eligible to receive funds from the state pursuant to the federal Emergency Solutions Grants Program (42 U.S.C. Sec. 11371 et seq.) with a demonstrated high funding need. The department shall select counties and private nonprofit organizations by giving priority to those counties or private nonprofit organizations with existing rapid rehousing programs that have demonstrated effectiveness in providing rapid rehousing for individuals and veterans of the United States military experiencing homelessness.\n(c)Counties and private nonprofit organizations selected to receive funds pursuant to this section shall comply with the reporting requirements as required by the department under state and federal regulations implementing the Emergency Solutions Grants Program (42 U.S.C. Sec. 11371 et seq.).\n(d)The department shall distribute an equal amount of the money received pursuant to this section each year, less any amount deducted for administrative purposes, to each of the selected counties and private nonprofit organizations.\n(e)The department may use up to 5 percent of the money received pursuant to this section for the purpose of administering this chapter.\n15291.\nThis chapter shall remain in effect only until July 1, 2018, and as of that date is repealed.","title":""}
{"_id":"c345","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 5350.2 of the Welfare and Institutions Code is amended to read:\n5350.2.\nReasonable attempts shall be made by the county mental health program to notify family members, or any other person designated to receive notice by the person for whom conservatorship is sought, of the time and place of the conservatorship hearing. The person for whom the conservatorship is sought shall be advised by the facility treating the person, or by the court in a proceeding under the Probate Code if the conservatorship investigation order was made pursuant to subdivision (c) of Section 5352, that he or she may request that information about the time and place of the conservatorship hearing not be given to family members if the proposed conservator is not a family member. The request shall be honored by the mental health program. Neither this section nor Section 5350 shall be interpreted to allow the proposed conservatee to request that any proposed conservator not be advised of the time and place of the conservatorship hearing.\nSEC. 2.\nSection 5352 of the Welfare and Institutions Code is amended to read:\n5352.\n(a) If the professional person in charge of an agency providing comprehensive evaluation or a facility providing intensive treatment determines that a person in his or her care is gravely disabled as a result of mental disorder or impairment by chronic alcoholism and is unwilling to accept, or incapable of accepting, treatment voluntarily, he or she may recommend conservatorship of the person to the officer providing conservatorship investigation of the person\u2019s county of residence before admitting the person as a patient in the facility.\n(b) The professional person in charge of an agency providing comprehensive evaluation or a facility providing intensive treatment may recommend conservatorship for a person without the person being an inpatient in the facility if both of the following conditions are met:\n(1) The professional person or another professional person designated by him or her has examined and evaluated the person and determined that the person is gravely disabled.\n(2) The professional person or another professional person designated by him or her has determined that future examination on an inpatient basis is not necessary for a determination that the person is gravely disabled.\n(c) (1) If a conservatorship has already been established under the Probate Code, the court, in a proceeding under the Probate Code, after an evidentiary hearing attended by the conservatee, unless the conservatee waives presence, and the conservatee\u2019s counsel, may order an investigation from the officer providing conservatorship investigation of the person\u2019s county of residence if the court, in a proceeding under the Probate Code, in consultation with a licensed physician or licensed psychologist satisfying the conditions of subdivision (c) of Section 2032.020 of the Code of Civil Procedure providing comprehensive evaluation or intensive treatment, determines based on evidence presented to the court, including medical evidence, that the conservatee may be gravely disabled as a result of a mental disorder or impairment by chronic alcoholism and is unwilling to accept or is incapable of accepting treatment voluntarily. If the conservatee cannot afford counsel, the court, in a proceeding under the Probate Code, shall appoint counsel for him or her.\n(2) The officer providing conservatorship investigation shall file a copy of his or her report with the court making the conservatorship investigation order in a proceeding under the Probate Code.\n(d) If the officer providing conservatorship investigation concurs with the recommendation of the professional person, pursuant to subdivision (a) or (b), or the conservatorship investigation order of the court, pursuant to subdivision (c), he or she shall petition the superior court in the patient\u2019s county of residence to establish conservatorship.\n(e) If temporary conservatorship is indicated, that fact shall be alternatively pleaded in the petition. The officer providing conservatorship investigation or other county officer or employee designated by the county shall act as the temporary conservator.\nSEC. 3.\nSection 5354 of the Welfare and Institutions Code is amended to read:\n5354.\n(a) The officer providing conservatorship investigation shall investigate all available alternatives to conservatorship and shall recommend conservatorship to the court only if no suitable alternatives are available. This officer shall render to the court a written report of investigation before the hearing. The report to the court shall be comprehensive and shall contain all relevant aspects of the person\u2019s medical, psychological, financial, family, vocational, and social condition, and information obtained from the person\u2019s family members, close friends, social worker, or principal therapist. The report shall also contain all available information concerning the person\u2019s real and personal property. The facilities providing intensive treatment or comprehensive evaluation shall disclose any records or information that may facilitate the investigation. If the conservatorship investigation order was made pursuant to subdivision (c) of Section 5352, the conservator in a proceeding under the Probate Code shall disclose any records or information that may facilitate the investigation. If the officer providing conservatorship investigation recommends against conservatorship, he or she shall set forth all alternatives available. A copy of the report shall be transmitted to the individual who originally recommended conservatorship, or, in a proceeding under the Probate Code, to the court that originally made a conservatorship investigation order, to the person or agency, if any, recommended to serve as conservator, and to the person recommended for conservatorship. The court may receive the report in evidence and may read and consider the contents thereof in rendering its judgment.\n(b) Notwithstanding Section 5328, when a court with jurisdiction over a person in a criminal case orders an evaluation of the person\u2019s mental condition pursuant to Section 5200, and that evaluation leads to a conservatorship investigation, the officer providing the conservatorship investigation shall serve a copy of the report required under subdivision (a) upon the defendant or the defendant\u2019s counsel. Upon the prior written request of the defendant or the defendant\u2019s counsel, the officer providing the conservatorship investigation shall also submit a copy of the report to the court hearing the criminal case, the district attorney, and the county probation department. The conservatorship investigation report and the information contained in that report, shall be kept confidential and shall not be further disclosed to anyone without the prior written consent of the defendant. After disposition of the criminal case, the court shall place all copies of the report in a sealed file, except as follows:\n(1) The defendant and the defendant\u2019s counsel may retain their copy.\n(2) If the defendant is placed on probation status, the county probation department may retain a copy of the report for the purpose of supervision of the defendant until the probation is terminated, at which time the probation department shall return its copy of the report to the court for placement into the sealed file.\nSEC. 4.\nSection 5360 of the Welfare and Institutions Code is amended to read:\n5360.\n(a) The officer providing conservatorship investigation shall recommend, in his or her report to the court, for or against imposition of a disability set forth in Section 5357 on the basis of the determination of the professional person who recommended conservatorship pursuant to subdivision (a) or (b) of Section 5352, or the determination of the physician or psychologist who presented medical evidence to the court pursuant to subdivision (c) of Section 5352.\n(b) The officer providing conservatorship investigation shall recommend in his or her report any of the additional powers of a conservator set forth in Section 2591 of the Probate Code if the needs of the individual patient or his estate require such powers. In making this determination, the officer providing conservatorship investigation shall consult with the professional person who recommended conservatorship pursuant to subdivision (a) or (b) of Section 5352, or the physician or psychologist who presented medical evidence to the court pursuant to subdivision (c) of Section 5352.\nSEC. 5.\nIf 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.","title":""}
{"_id":"c493","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nThis act shall be known, and may be cited, as the Paul Lee School Bus Safety Law.\nSEC. 2.\nSection 39831.3 of the Education Code is amended to read:\n39831.3.\n(a) The county superintendent of schools, the superintendent of a school district, a charter school, or the owner or operator of a private school that provides transportation to or from a school or school activity shall prepare a transportation safety plan containing procedures for school personnel to follow to ensure the safe transport of pupils. The plan shall be revised as required. The plan shall address all of the following:\n(1) Determining if pupils require escort pursuant to paragraph (1) of subdivision (d) of Section 22112 of the Vehicle Code.\n(2) (A) Procedures for all pupils in prekindergarten, kindergarten, and grades 1 to 8, inclusive, to follow as they board and exit the appropriate schoolbus at each pupil\u2019s schoolbus stop.\n(B) Nothing in this paragraph requires a county superintendent of schools, the superintendent of a school district, a charter school, or the owner or operator of a private school that provides transportation to or from a school or school activity, to use the services of an onboard schoolbus monitor, in addition to the driver, to carry out the purposes of this paragraph.\n(3) Boarding and exiting a schoolbus at a school or other trip destination.\n(4) Procedures to ensure that a pupil is not left unattended on a schoolbus, school pupil activity bus, or youth bus.\n(5) Procedures and standards for designating an adult chaperone, other than the driver, to accompany pupils on a school pupil activity bus.\n(b) A current copy of a plan prepared pursuant to subdivision (a) shall be retained by each school subject to the plan and made available upon request to an officer of the Department of the California Highway Patrol.\nSEC. 3.\nSection 39843 is added to the Education Code, to read:\n39843.\n(a) The county superintendent of schools, the superintendent of a school district, a charter school, or the owner or operator of a private school that provides transportation to or from a school or school activity shall notify the Department of Motor Vehicles, in a form and manner that the Department of Motor Vehicles specifies, within five calendar days after the county office of education, the governing board of a school district, the charter school, the owner or operator of the private school, or, in situations where the transportation services are contracted out, the driver\u2019s employer, has done both of the following:\n(1) Ordered and upheld disciplinary action, after completion of disciplinary procedures conducted in compliance with rights granted by law or a collective bargaining agreement, against a driver of a schoolbus, school pupil activity bus, or youth bus who was found to have left the immediate vicinity of the vehicle to which the driver had been assigned with an unsupervised pupil onboard.\n(2) Made a finding that the driver\u2019s actions constituted gross negligence.\n(b) For purposes of this section, escorting pupils pursuant to paragraph (1) of subdivision (d) of Section 22112 of the Vehicle Code shall not be considered leaving the immediate vicinity of the vehicle.\n(c) For purposes of this section, \u201cgross negligence\u201d means the want of even scant care or an extreme departure from the ordinary standard of conduct.\nSEC. 4.\nSection 39860 of the Education Code is amended to read:\n39860.\n(a) The governing board of a school district may contract for the transportation of pupils attending schools within the district to and from any exposition or fair, school activities, or other activities that the governing board of the school district determines to be for the benefit of the pupils, in this state, and may pay for the transportation out of any funds of the school district available for the purpose.\n(b) The governing board of a school district shall require that any contract for the transportation of pupils under this section shall include the requirement that a pupil shall not be left unattended on a schoolbus, school pupil activity bus, or youth bus in accordance with paragraph (4) of subdivision (a) of Section 39831.3.\nSEC. 5.\nSection 40085 of the Education Code is amended to read:\n40085.\nApplicants seeking to renew a certificate to drive a schoolbus as defined in Section 545 of the Vehicle Code or a school pupil activity bus as defined in Section 546 of the Vehicle Code shall have successfully completed at least 10 hours of original or renewal classroom instruction, or behind-the-wheel or in-service training, during each 12 months of certificate validity. In-service training credit may be given by a state-certified driver instructor of the appropriate class to an applicant for attending or participating in appropriate driver training workshops, driver safety meetings, driver safety conferences, and other activities directly related to passenger safety and driver training. During the last 12 months of the special driver certificate validity, the 10 hours required shall consist of classroom instruction covering, but not limited to, current laws and regulations, defensive driving, accident prevention, emergency procedures, passenger loading and unloading, and the inspection procedures pursuant to paragraph (4) of subdivision (a) of Section 39831.3. Failure to successfully complete the required training during any 12-month period of certificate validity is cause for the Department of Motor Vehicles to cancel the bus driver certificate. All training required by Section 40089 may be accepted in lieu of the requirements of this section.\nSEC. 6.\nSection 13370 of the Vehicle Code is amended to read:\n13370.\n(a) The department shall refuse to issue or shall revoke a schoolbus, school pupil activity bus, general public paratransit vehicle, or youth bus driver certificate, or a certificate for a vehicle used for the transportation of developmentally disabled persons, if any of the following causes apply to the applicant or certificate holder:\n(1) Has been convicted of a sex offense as defined in Section 44010 of the Education Code.\n(2) Has been convicted, within two years, of an offense specified in Section 11361.5 of the Health and Safety Code.\n(3) Has failed to meet prescribed training requirements for certificate issuance.\n(4) Has failed to meet prescribed testing requirements for certificate issuance.\n(5) Has been convicted of a violent felony listed in subdivision (c) of Section 667.5 of the Penal Code, or a serious felony listed in subdivision (c) of Section 1192.7 of the Penal Code. This paragraph shall not be applied to revoke a license that was valid on January 1, 2005, unless the certificate holder is convicted for an offense that is committed on or after that date.\n(b) The department may refuse to issue or renew, or may suspend or revoke a schoolbus, school pupil activity bus, general public paratransit vehicle, or youth bus driver certificate, or a certificate for a vehicle used for the transportation of developmentally disabled persons, if any of the following causes apply to the applicant or certificate holder:\n(1) Has been convicted of a crime specified in Section 44424 of the Education Code within seven years. This paragraph does not apply if denial is mandatory.\n(2) Has committed an act involving moral turpitude.\n(3) Has been convicted of an offense, not specified in this section and other than a sex offense, that is punishable as a felony, within seven years.\n(4) Has been dismissed as a driver for a cause relating to pupil transportation safety.\n(5) Has been convicted, within seven years, of an offense relating to the use, sale, possession, or transportation of narcotics, habit-forming drugs, or dangerous drugs, except as provided in paragraph (3) of subdivision (a).\n(6) Has been reported to the Department of Motor Vehicles, pursuant to Section 39843 of the Education Code, for leaving a pupil unattended on a schoolbus, school pupil activity bus, or youth bus.\n(c) (1) Reapplication following refusal or revocation under paragraph (1), (2), or (3) of subdivision (a) or any paragraph of subdivision (b) may be made after a period of not less than one year after the effective date of refusal or revocation.\n(2) Reapplication following refusal or revocation under paragraph (4) of subdivision (a) may be made after a period of not less than 45 days after the date of the applicant\u2019s third testing failure.\n(3) An applicant or holder of a certificate may reapply for a certificate whenever a felony or misdemeanor conviction is reversed or dismissed. A termination of probation and dismissal of charges pursuant to Section 1203.4 of the Penal Code or a dismissal of charges pursuant to Section 1203.4a of the Penal Code is not a dismissal for purposes of this section.\n(4) A former applicant or holder of a certificate whose certificate was revoked pursuant to paragraph (6) of subdivision (b) may reapply for a certificate if the certificate revocation is reversed or dismissed by the department.\nSEC. 7.\nArticle 18 (commencing with Section 28160) is added to Chapter 5 of Division 12 of the Vehicle Code, to read:\nArticle  18. Child Safety Alert System\n28160.\n(a) On or before January 1, 2018, the department shall adopt regulations governing the specifications, installation, and use of child safety alert systems.\n(b) (1) On or before the beginning of the 2018\u201319 school year, each schoolbus, school pupil activity bus, except as provided in paragraph (2), youth bus, and child care motor vehicle shall be equipped with an operational child safety alert system.\n(2) A school pupil activity bus is not required to be equipped with an operational child safety alert system if all of the following apply:\n(A) The school pupil activity bus is not used exclusively to transport pupils.\n(B) When the school pupil activity bus is used to transport pupils, the pupils are accompanied by at least one adult chaperone selected by a school official. If an adult chaperone is not a school employee, the chaperone shall meet the requirements for a school volunteer established by the policies of the school district, county office of education, charter school, or private school.\n(C) One adult chaperone has a list of every pupil and adult chaperone, including a school employee, who is on the school pupil activity bus at the time of departure.\n(D) The driver has reviewed all safety and emergency procedures before the initial departure and the driver and adult chaperone have signed a form with the time and date acknowledging that the safety plan and procedures were reviewed.\n(E) Immediately before departure from any location, the adult chaperone shall account for each pupil on the list of pupils, verify the number of pupils to the driver, and sign a form indicating that all pupils are present or accounted for.\n(F) After pupils have exited a school pupil activity bus, and before driving away, the driver shall check all areas of the bus, including, but not limited to, overhead compartments and bathrooms, to ensure that the bus is vacant.\n(G) The driver shall sign a form with the time and date verifying that all required procedures have been followed.\n(H) The information required to be recorded pursuant to subparagraphs (D), (E), and (G) may be recorded on a single form. These forms shall be retained by the school district, county office of education, charter school, or private school for a minimum of two years.\n(c) A \u201cchild safety alert system\u201d is a device located at the interior rear of a vehicle that requires the driver to either manually contact or scan the device before exiting the vehicle, thereby prompting the driver to inspect the entirety of the interior of the vehicle before exiting.\n(d) For purposes of this section, the following definitions apply:\n(1) \u201cChild care motor vehicle\u201d means a vehicle designed, used, or maintained for more than eight persons, including the driver, that is used by a child care provider to transport children.\n(2) \u201cChild care provider\u201d has the same meaning as provided for \u201cday care center\u201d in Section 1596.76 of the Health and Safety Code.\nSEC. 8.\nNo reimbursement is required by this act pursuant to Section 6 of Article XIII\u2009B 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\u2009B of the California Constitution.","title":""}
{"_id":"c143","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 1374.21 of the Health and Safety Code is amended to read:\n1374.21.\n(a) (1) A change in premium rates or changes in coverage stated in a group health care service plan contract shall not become effective unless the plan has delivered in writing a notice indicating the change or changes at least 60 days prior to the contract renewal effective date.\n(2) The notice delivered pursuant to paragraph (1) for large group health plans shall also include the following information:\n(A) Whether the rate proposed to be in effect is greater than the average rate increase for individual market products negotiated by the California Health Benefit Exchange for the most recent calendar year for which the rates are final.\n(B) Whether the rate proposed to be in effect is greater than the average rate increase negotiated by the Board of Administration of the Public Employees\u2019 Retirement System for the most recent calendar year for which the rates are final.\n(C) Whether the rate change includes any portion of the excise tax paid by the health plan.\n(b) A health care service plan that declines to offer coverage to or denies enrollment for a large group applying for coverage shall, at the time of the denial of coverage, provide the applicant with the specific reason or reasons for the decision in writing, in clear, easily understandable language.\nSEC. 2.\nSection 1385.045 is added to the Health and Safety Code, to read:\n1385.045.\n(a) For large group health care service plan contracts, each health plan shall file with the department the weighted average rate increase for all large group benefit designs during the 12-month period ending January 1 of the following calendar year. The average shall be weighted by the number of enrollees in each large group benefit design in the plan\u2019s large group market and adjusted to the most commonly sold large group benefit design by enrollment during the 12-month period. For the purposes of this section, the large group benefit design includes, but is not limited to, benefits such as basic health care services and prescription drugs. The large group benefit design shall not include cost sharing, including, but not limited to, deductibles, copays, and coinsurance.\n(b) (1) A plan shall also submit any other information required pursuant to any regulation adopted by the department to comply with this article.\n(2) The department shall conduct an annual public meeting regarding large group rates within three months of posting the aggregate information described in this section in order to permit a public discussion of the reasons for the changes in the rates, benefits, and cost sharing in the large group market. The meeting shall be held in either the Los Angeles area or the San Francisco Bay area.\n(c) A health care service plan subject to subdivision (a) shall also disclose the following for the aggregate rate information for the large group market submitted under this section:\n(1) For rates effective during the 12-month period ending January 1 of the following year, number and percentage of rate changes reviewed by the following:\n(A) Plan year.\n(B) Segment type, including whether the rate is community rated, in whole or in part.\n(C) Product type.\n(D) Number of enrollees.\n(E) The number of products sold that have materially different benefits, cost sharing, or other elements of benefit design.\n(2) For rates effective during the 12-month period ending January 1 of the following year, any factors affecting the base rate, and the actuarial basis for those factors, including all of the following:\n(A) Geographic region.\n(B) Age, including age rating factors.\n(C) Occupation.\n(D) Industry.\n(E) Health status factors, including, but not limited to, experience and utilization.\n(F) Employee, and employee and dependents, including a description of the family composition used.\n(G) Enrollees\u2019 share of premiums.\n(H) Enrollees\u2019 cost sharing.\n(I) Covered benefits in addition to basic health care services, as defined in Section 1345, and other benefits mandated under this article.\n(J) Which market segment, if any, is fully experience rated and which market segment, if any, is in part experience rated and in part community rated.\n(K) Any other factor that affects the rate that is not otherwise specified.\n(3) (A) The plan\u2019s overall annual medical trend factor assumptions for all benefits and by aggregate benefit category, including hospital inpatient, hospital outpatient, physician services, prescription drugs and other ancillary services, laboratory, and radiology for the applicable 12-month period ending January 1 of the following year. A health plan that exclusively contracts with no more than two medical groups in the state to provide or arrange for professional medical services for the enrollees of the plan shall instead disclose the amount of its actual trend experience for the prior contract year by aggregate benefit category, using benefit categories, to the maximum extent possible, that are the same as, or similar to, those used by other plans.\n(B) The amount of the projected trend separately attributable to the use of services, price inflation, and fees and risk for annual plan contract trends by aggregate benefit category, including hospital inpatient, hospital outpatient, physician services, prescription drugs and other ancillary services, laboratory, and radiology. A health plan that exclusively contracts with no more than two medical groups in the state to provide or arrange for professional medical services for the enrollees of the plan shall instead disclose the amount of its actual trend experience for the prior contract year by aggregate benefit category, using benefit categories that are, to the maximum extent possible, the same or similar to those used by other plans.\n(C) A comparison of the aggregate per enrollee per month costs and rate of changes over the last five years for each of the following:\n(i) Premiums.\n(ii) Claims costs, if any.\n(iii) Administrative expenses.\n(iv) Taxes and fees.\n(D) Any changes in enrollee cost sharing over the prior year associated with the submitted rate information, including both of the following:\n(i) Actual copays, coinsurance, deductibles, annual out of pocket maximums, and any other cost sharing by the benefit categories determined by the department.\n(ii) Any aggregate changes in enrollee cost sharing over the prior years as measured by the weighted average actuarial value, weighted by the number of enrollees.\n(E) Any changes in enrollee benefits over the prior year, including a description of benefits added or eliminated, as well as any aggregate changes, as measured as a percentage of the aggregate claims costs, listed by the categories determined by the department.\n(F) Any cost containment and quality improvement efforts since the plan\u2019s prior year\u2019s information pursuant to this section for the same category of health benefit plan. To the extent possible, the plan shall describe any significant new health care cost containment and quality improvement efforts and provide an estimate of potential savings together with an estimated cost or savings for the projection period.\n(G) The number of products covered by the information that incurred the excise tax paid by the health plan.\n(d) The information required pursuant to this section shall be submitted to the department on or before October 1, 2016, and on or before October 1 annually thereafter. Information submitted pursuant to this section is subject to Section 1385.07.\nSEC. 3.\nSection 10181.45 is added to the Insurance Code, to read:\n10181.45.\n(a) For large group health insurance policies, each health insurer shall file with the department the weighted average rate increase for all large group benefit designs during the 12-month period ending January 1 of the following calendar year. The average shall be weighted by the number of insureds in each large group benefit design in the insurer\u2019s large group market and adjusted to the most commonly sold large group benefit design by enrollment during the 12-month period. For the purposes of this section, the large group benefit design includes, but is not limited to, benefits such as basic health care services and prescription drugs. The large group benefit design shall not include cost sharing, including, but not limited to, deductibles, copays, and coinsurance.\n(b) (1) A health insurer shall also submit any other information required pursuant to any regulation adopted by the department to comply with this article.\n(2) The department shall conduct an annual public meeting regarding large group rates within three months of posting the aggregate information described in this section in order to permit a public discussion of the reasons for the changes in the rates, benefits, and cost sharing in the large group market. The meeting shall be held in either the Los Angeles area or the San Francisco Bay area.\n(c) A health insurer subject to subdivision (a) shall also disclose the following for the aggregate rate information for the large group market submitted under this section:\n(1) For rates effective during the 12-month period ending January 1 of the following year, number and percentage of rate changes reviewed by the following:\n(A) Plan year.\n(B) Segment type, including whether the rate is community rated, in whole or in part.\n(C) Product type.\n(D) Number of insureds.\n(E) The number of products sold that have materially different benefits, cost sharing, or other elements of benefit design.\n(2) For rates effective during the 12-month period ending January 1 of the following year, any factors affecting the base rate, and the actuarial basis for those factors, including all of the following:\n(A) Geographic region.\n(B) Age, including age rating factors.\n(C) Occupation.\n(D) Industry.\n(E) Health status factors, including, but not limited to, experience and utilization.\n(F) Employee, and employee and dependents, including a description of the family composition used.\n(G) Insureds\u2019 share of premiums.\n(H) Insureds\u2019 cost sharing.\n(I) Covered benefits in addition to basic health care services, as defined in Section 1345 of the Health and Safety Code, and other benefits mandated under this article.\n(J) Which market segment, if any, is fully experience rated and which market segment, if any, is in part experience rated and in part community rated.\n(K) Any other factor that affects the rate that is not otherwise specified.\n(3) (A) The insurer\u2019s overall annual medical trend factor assumptions for all benefits and by aggregate benefit category, including hospital inpatient, hospital outpatient, physician services, prescription drugs and other ancillary services, laboratory, and radiology for the applicable 12-month period ending January 1 of the following year. A health insurer that exclusively contracts with no more than two medical groups in the state to provide or arrange for professional medical services for the health insurer\u2019s insureds shall instead disclose the amount of its actual trend experience for the prior contract year by aggregate benefit category, using benefit categories, to the maximum extent possible, that are the same or similar to those used by other insurers.\n(B) The amount of the projected trend separately attributable to the use of services, price inflation, and fees and risk for annual policy trends by aggregate benefit category, including hospital inpatient, hospital outpatient, physician services, prescription drugs and other ancillary services, laboratory, and radiology. A health insurer that exclusively contracts with no more than two medical groups in the state to provide or arrange for professional medical services for the insureds shall instead disclose the amount of its actual trend experience for the prior contract year by aggregate benefit category, using benefit categories that are, to the maximum extent possible, the same or similar to those used by other insurers.\n(C) A comparison of the aggregate per insured per month costs and rate of changes over the last five years for each of the following:\n(i) Premiums.\n(ii) Claims costs, if any.\n(iii) Administrative expenses.\n(iv) Taxes and fees.\n(D) Any changes in insured cost sharing over the prior year associated with the submitted rate information, including both of the following:\n(i) Actual copays, coinsurance, deductibles, annual out of pocket maximums, and any other cost sharing by the benefit categories determined by the department.\n(ii) Any aggregate changes in insured cost sharing over the prior years as measured by the weighted average actuarial value, weighted by the number of insureds.\n(E) Any changes in insured benefits over the prior year, including a description of benefits added or eliminated as well as any aggregate changes as measured as a percentage of the aggregate claims costs, listed by the categories determined by the department.\n(F) Any cost containment and quality improvement efforts made since the insurer\u2019s prior year\u2019s information pursuant to this section for the same category of health insurer. To the extent possible, the insurer shall describe any significant new health care cost containment and quality improvement efforts and provide an estimate of potential savings together with an estimated cost or savings for the projection period.\n(G) The number of products covered by the information that incurred the excise tax paid by the health insurer.\n(d) The information required pursuant to this section shall be submitted to the department on or before October 1, 2016, and on or before October 1 annually thereafter. Information submitted pursuant to this section is subject to Section 10181.7.\nSEC. 4.\nSection 10199.1 of the Insurance Code is amended to read:\n10199.1.\n(a) (1) An insurer or nonprofit hospital service plan or administrator acting on its behalf shall not terminate a group master policy or contract providing hospital, medical, or surgical benefits, increase premiums or charges therefor, reduce or eliminate benefits thereunder, or restrict eligibility for coverage thereunder without providing prior notice of that action. The action shall not become effective unless written notice of the action was delivered by mail to the last known address of the appropriate insurance producer and the appropriate administrator, if any, at least 45 days prior to the effective date of the action and to the last known address of the group policyholder or group contractholder at least 60 days prior to the effective date of the action. If nonemployee certificate holders or employees of more than one employer are covered under the policy or contract, written notice shall also be delivered by mail to the last known address of each nonemployee certificate holder or affected employer or, if the action does not affect all employees and dependents of one or more employers, to the last known address of each affected employee certificate holder, at least 60 days prior to the effective date of the action.\n(2) The notice delivered pursuant to paragraph (1) for large group health insurance policies shall also include the following information:\n(A) Whether the rate proposed to be in effect is greater than the average rate increase for individual market products negotiated by the California Health Benefit Exchange for the most recent calendar year for which the rates are final.\n(B) Whether the rate proposed to be in effect is greater than the average rate increase negotiated by the Board of Administration of the Public Employees\u2019 Retirement System for the most recent calendar year for which the rates are final.\n(C) Whether the rate change includes any portion of the excise tax paid by the health insurer.\n(b) A holder of a master group policy or a master group nonprofit hospital service plan contract or administrator acting on its behalf shall not terminate the coverage of, increase premiums or charges for, or reduce or eliminate benefits available to, or restrict eligibility for coverage of a covered person, employer unit, or class of certificate holders covered under the policy or contract for hospital, medical, or surgical benefits without first providing prior notice of the action. The action shall not become effective unless written notice was delivered by mail to the last known address of each affected nonemployee certificate holder or employer, or if the action does not affect all employees and dependents of one or more employers, to the last known address of each affected employee certificate holder, at least 60 days prior to the effective date of the action.\n(c) A health insurer that declines to offer coverage to or denies enrollment for a large group applying for coverage shall, at the time of the denial of coverage, provide the applicant with the specific reason or reasons for the decision in writing, in clear, easily understandable language.\nSEC. 5.\nNo reimbursement is required by this act pursuant to Section 6 of Article XIII\u2009B 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\u2009B of the California Constitution.","title":""}
{"_id":"c477","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nThe Legislature hereby finds and declares all of the following:\n(a) The county sanitation districts of Los Angeles County (sanitation districts) were established in 1923 under the County Sanitation District Act (Chapter 3 (commencing with Section 4700) of Part 3 of Division 5 of the Health and Safety Code).\n(b) The sanitation districts provide regional solid waste management and wastewater collection and treatment services for 5.5 million people in 78 cities and unincorporated communities.\n(c) Eighty-four cities in Los Angeles County, the Los Angeles County Flood Control District, and Los Angeles County unincorporated areas are all regulated under a permit for the Municipal Separate Storm Sewer System (MS4), the most recent of which was adopted by the California Regional Water Quality Control Board, Los Angeles Region, in December 2012.\n(d) The City of Long Beach is regulated under its own permit for its MS4, the most recent of which was adopted by the regional board in February 2014.\n(e) The MS4 is a large, interconnected system that encompasses over 3,000 square miles, and is operated and maintained in large part by the Los Angeles County Flood Control District and used by multiple cities along with Los Angeles County.\n(f) The Los Angeles County Flood Control District is primarily focused on operation and maintenance of the MS4 infrastructure for the purposes of flood protection and water conservation.\n(g) This extensive system conveys stormwater and nonstormwater across municipal boundaries where it is commingled within the MS4 and then discharged to receiving water bodies, such as the Los Angeles River and San Gabriel River.\n(h) It will be necessary for the cities, Los Angeles County Flood Control District, and Los Angeles County to spend millions of dollars per year to comply with the Los Angeles Region MS4 permits.\n(i) The Los Angeles Region MS4 permit prohibits the discharge of nonstormwater into the MS4, subject to specified exceptions, and one management technique that can be effective in cleaning up nonstormwater discharges is to divert dry weather runoff into the sanitary sewer system, if sewer and treatment plant capacity are available and other regulatory requirements are met.\n(j) Many of the cities, the Los Angeles County Flood Control District, and Los Angeles County are preparing watershed management plans and enhanced watershed management plans in order to identify stormwater and dry weather urban runoff projects and activities that will improve the water quality in the downstream receiving water bodies.\n(k) The presiding officers of the cities and the Chair of the Los Angeles County Board of Supervisors serve as members of the boards of directors of the sanitation districts.\n(l) The administrative board of directors of the sanitation districts formally requested that the sanitation districts seek the authority to use its civil engineering and water quality expertise to help the cities and county manage stormwater and dry weather urban runoff in order to comply with the Los Angeles Region MS4 permit in an efficient and effective manner.\n(m) The Legislature does not intend for the sanitation districts\u2019 activities related to the management and treatment of stormwater and dry weather urban runoff to interfere with the existing water management, flood protection, groundwater replenishment, or water conservation activities of other local or regional agencies.\n(n) Because of the unique circumstances of the sanitation districts and the Los Angeles Region MS4, special legislation is necessary to augment the sanitation districts\u2019 powers under the County Sanitation District Act.\nSEC. 2.\nSection 4730.68 is added to the Health and Safety Code, to read:\n4730.68.\n(a) This section applies only to county sanitation district numbers 1, 2, 3, 4, 5, 8, 9, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 27, 28, 29, and 34 of Los Angeles County, Newhall Ranch Sanitation District of Los Angeles County, South Bay Cities Sanitation District of Los Angeles County, and Santa Clarita Valley Sanitation District of Los Angeles County. The powers granted in this section supplement the existing powers of each district.\n(b) A district may acquire, construct, operate, maintain, and furnish facilities for any of the following purposes:\n(1) The diversion of stormwater and dry weather runoff from the stormwater drainage system within the district.\n(2) The management and treatment of the stormwater and dry weather runoff.\n(3) The discharge of the water to the stormwater drainage system or receiving waters.\n(4) The beneficial use of the water.\n(c) In order to carry out the powers and purposes granted under this section, the district may exercise any of the powers otherwise granted to a district by this chapter to the extent those powers may be made applicable.\n(d) (1) Prior to initiating a stormwater or dry weather runoff program or project within the boundaries of an adjudicated groundwater basin, a district shall consult with the relevant watermaster for a preliminary determination as to whether the project is inconsistent with the adjudication. If the watermaster deems the project to be inconsistent with the adjudication, the watermaster shall recommend, in writing, the measures that are necessary in order to conform the project to the adjudication.\n(2) Prior to initiating a stormwater or dry weather runoff project within the service area of a water replenishment district, a district shall consult with the water replenishment district for the purpose of avoiding potential conflicts with water replenishment activities.\n(3) Prior to initiating a stormwater or dry weather runoff project, a district shall consult with the Los Angeles County Flood Control District for the purpose of avoiding potential conflicts with flood protection and water conservation activities.\n(e) This section does not affect any obligation of a district to obtain a permit that may be required by law for the activities undertaken pursuant to this section.\n(f) For purposes of this section, \u201cstormwater\u201d and \u201cdry weather runoff\u201d have the same meaning as in Section 10561.5 of the Water Code.\n(g) Nothing in this section shall be construed to require any local agency to participate, financially or otherwise, in a project pursued under the authority granted by this section.\n(h) Nothing in this section shall be construed to alter or interfere with any of the following:\n(1) Existing water rights to water from any source, including any adjudicated rights allocated by a court judgment or order, including any physical solution, rights issued by the state or a state agency, and rights acquired pursuant to any federal or state statute.\n(2) Existing water rights law.\n(3) Any rights, remedies, or obligations that may exist pursuant to Article 1 (commencing with Section 1200) or Article 1.5 (commencing with Section 1210) of Chapter 1 of Part 2 of Division 2 of the Water Code, Chapter 10 (commencing with Section 1700) of Part 2 of Division 2 of the Water Code, or Chapter 8.5 (commencing with Section 1501) of Part 1 of Division 1 of the Public Utilities Code.\nSEC. 3.\nThe 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 of the county sanitation districts of Los Angeles County.","title":""}
{"_id":"c322","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 49414 of the Education Code is amended to read:\n49414.\n(a) School districts, county offices of education, and charter schools shall provide emergency epinephrine auto-injectors to school nurses or trained personnel who have volunteered pursuant to subdivision (d), and school nurses or trained personnel may use epinephrine auto-injectors to provide emergency medical aid to persons suffering, or reasonably believed to be suffering, from an anaphylactic reaction.\n(b) For purposes of this section, the following terms have the following meanings:\n(1) \u201cAnaphylaxis\u201d means a potentially life-threatening hypersensitivity to a substance.\n(A) Symptoms of anaphylaxis may include shortness of breath, wheezing, difficulty breathing, difficulty talking or swallowing, hives, itching, swelling, shock, or asthma.\n(B) Causes of anaphylaxis may include, but are not limited to, an insect sting, food allergy, drug reaction, and exercise.\n(2) \u201cAuthorizing physician and surgeon\u201d may include, but is not limited to, a physician and surgeon employed by, or contracting with, a local educational agency, a medical director of the local health department, or a local emergency medical services director.\n(3) \u201cEpinephrine auto-injector\u201d means a disposable drug delivery system with a spring-activated needle that is designed for emergency administration of epinephrine to provide rapid, convenient first aid for persons suffering a potentially fatal reaction to anaphylaxis.\n(4) \u201cQualified supervisor of health\u201d may include, but is not limited to, a school nurse.\n(5) \u201cVolunteer\u201d or \u201ctrained personnel\u201d means an employee who has volunteered to administer epinephrine auto-injectors to a person if the person is suffering, or reasonably believed to be suffering, from anaphylaxis, has been designated by a school, and has received training pursuant to subdivision (d).\n(c) Each private elementary and secondary school in the state may voluntarily determine whether or not to make emergency epinephrine auto-injectors and trained personnel available at its school. In making this determination, a school shall evaluate the emergency medical response time to the school and determine whether initiating emergency medical services is an acceptable alternative to epinephrine auto-injectors and trained personnel. A private elementary or secondary school choosing to exercise the authority provided under this subdivision shall not receive state funds specifically for purposes of this subdivision.\n(d) Each public and private elementary and secondary school in the state may designate one or more volunteers to receive initial and annual refresher training, based on the standards developed pursuant to subdivision (e), regarding the storage and emergency use of an epinephrine auto-injector from the school nurse or other qualified person designated by an authorizing physician and surgeon.\n(e) (1) Every five years, or sooner as deemed necessary by the Superintendent, the Superintendent shall review minimum standards of training for the administration of epinephrine auto-injectors that satisfy the requirements of paragraph (2). For purposes of this subdivision, the Superintendent shall consult with organizations and providers with expertise in administering epinephrine auto-injectors and administering medication in a school environment, including, but not limited to, the State Department of Public Health, the Emergency Medical Services Authority, the American Academy of Allergy, Asthma and Immunology, the California School Nurses Organization, the California Medical Association, the American Academy of Pediatrics, Food Allergy Research and Education, the California Society of Allergy, Asthma and Immunology, the American College of Allergy, Asthma and Immunology, the Sean N. Parker Center for Allergy Research, and others.\n(2) Training established pursuant to this subdivision shall include all of the following:\n(A) Techniques for recognizing symptoms of anaphylaxis.\n(B) Standards and procedures for the storage, restocking, and emergency use of epinephrine auto-injectors.\n(C) Emergency followup procedures, including calling the emergency 911 telephone number and contacting, if possible, the pupil\u2019s parent and physician.\n(D) Recommendations on the necessity of instruction and certification in cardiopulmonary resuscitation.\n(E) Instruction on how to determine whether to use an adult epinephrine auto-injector or a junior epinephrine auto-injector, which shall include consideration of a pupil\u2019s grade level or age as a guideline of equivalency for the appropriate pupil weight determination.\n(F) Written materials covering the information required under this subdivision.\n(3) Training established pursuant to this subdivision shall be consistent with the most recent Voluntary Guidelines for Managing Food Allergies In Schools and Early Care and Education Programs published by the federal Centers for Disease Control and Prevention and the most recent guidelines for medication administration issued by the department.\n(4) A school shall retain for reference the written materials prepared under subparagraph (F) of paragraph (2).\n(f) A school district, county office of education, or charter school shall distribute a notice at least once per school year to all staff that contains the following information:\n(1) A description of the volunteer request stating that the request is for volunteers to be trained to administer an epinephrine auto-injector to a person if the person is suffering, or reasonably believed to be suffering, from anaphylaxis, as specified in subdivision (b).\n(2) A description of the training that the volunteer will receive pursuant to subdivision (d).\n(g) (1) A qualified supervisor of health at a school district, county office of education, or charter school shall obtain from an authorizing physician and surgeon a prescription for each school for epinephrine auto-injectors that, at a minimum, includes, for elementary schools, one regular epinephrine auto-injector and one junior epinephrine auto-injector, and for junior high schools, middle schools, and high schools, if there are no pupils who require a junior epinephrine auto-injector, one regular epinephrine auto-injector. A qualified supervisor of health at a school district, county office of education, or charter school shall be responsible for stocking the epinephrine auto-injector and restocking it if it is used.\n(2) If a school district, county office of education, or charter school does not have a qualified supervisor of health, an administrator at the school district, county office of education, or charter school shall carry out the duties specified in paragraph (1).\n(3) A prescription pursuant to this subdivision may be filled by local or mail order pharmacies or epinephrine auto-injector manufacturers.\n(4) An authorizing physician and surgeon shall not be subject to professional review, be liable in a civil action, or be subject to criminal prosecution for the issuance of a prescription or order pursuant to this section, unless the physician and surgeon\u2019s issuance of the prescription or order constitutes gross negligence or willful or malicious conduct.\n(h) A school nurse or, if the school does not have a school nurse or the school nurse is not onsite or available, a volunteer may administer an epinephrine auto-injector to a person exhibiting potentially life-threatening symptoms of anaphylaxis at school or a school activity when a physician is not immediately available. If the epinephrine auto-injector is used it shall be restocked as soon as reasonably possible, but no later than two weeks after it is used. Epinephrine auto-injectors shall be restocked before their expiration date.\n(i) A volunteer shall initiate emergency medical services or other appropriate medical followup in accordance with the training materials retained pursuant to paragraph (4) of subdivision (e).\n(j) A school district, county office of education, or charter school shall ensure that each employee who volunteers under this section will be provided defense and indemnification by the school district, county office of education, or charter school for any and all civil liability, in accordance with, but not limited to, that provided in Division 3.6 (commencing with Section 810) of Title 1 of the Government Code. This information shall be reduced to writing, provided to the volunteer, and retained in the volunteer\u2019s personnel file.\n(k) A state agency, the department, or a public school may accept gifts, grants, and donations from any source for the support of the public school carrying out the provisions of this section, including, but not limited to, the acceptance of epinephrine auto-injectors from a manufacturer or wholesaler.","title":""}
{"_id":"c445","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nThe Legislature finds and declares all of the following:\n(a) It is the policy of the state to promote open access to public records. It is in the interest of the public to ensure, to the greatest extent possible, that there is open public access to court records, including civil case records.\n(b) It is the policy of the state that access to public records be limited or restricted only under compelling circumstances.\n(c) With the enactment of Chapter 1007 of the Statutes of 1991, the Legislature began restricting public access to civil case records in unlawful detainer proceedings. Under current law, with limited exceptions, civil case records in unlawful detainer proceedings are unavailable to the public for a period of 60 days after filing. Civil case records in unlawful detainer proceedings in which the defendant prevails within 60 days of filing are permanently unavailable to the public.\n(d) The state has a housing crisis that requires revising the current restrictions on public access to civil case records in unlawful detainer proceedings. More than four decades have passed since the California Supreme Court first observed, in Green v. Superior Court (1974) 10 Cal.3d 616, 625, \u201ca scarcity of adequate low cost housing in virtually every urban setting [in California].\u201d Yet the shortage of affordable housing for low-income tenants has only grown. Median monthly rents in the state are now approximately 50 percent higher than the national average, but high prices have failed to spur sufficient housing construction to meet demand. As a result, households in the state in the bottom quarter of the income distribution spend an average of 67 percent of their income on housing. The recent economic and foreclosure crises have only exacerbated the challenges that low-income households face in securing affordable housing.\n(e) The difficulty of securing affordable housing in competitive rental markets is also worsened by the existing law governing access to civil case records in unlawful detainer proceedings. Specifically, once unlawful detainer civil case records become public, tenant screening companies and credit reporting agencies capture and publish personal identifying information regarding tenants named as defendants in those records. This information appears in published lists, known as unlawful detainer registries, and on tenants\u2019 credit reports. So long as it is accurate, the fact that a tenant was once sued for unlawful detainer is publicly available for up to seven years and cannot be challenged under federal or state laws governing consumer credit reporting.\n(f) The names of thousands of innocent tenants whose cases are resolved only after the 60-day deadline appear on unlawful detainer registries. Many of these tenants successfully settle, secure a dismissal, or win at trial, and would have escaped negative credit reporting if only they had prevailed before the deadline. In other instances, unlawful detainer complaints are filed against tenants but never served. Because these complaints are never dismissed, the tenant\u2019s name is publicly released after 60 days and negative credit reporting ensues. Because landlords, who are attempting to decide between numerous applicants for scarce rental housing, rely on unlawful detainer registries and on credit reports, landlords often choose not to rent to tenants who appear on these registries, even if the tenants were eventually found innocent of unlawful detainer. As a result, given the statewide housing shortage, these tenants may be shut out of rental markets for up to seven years through no fault of their own.\n(g) This act strikes a just balance between ensuring open access to public records and protecting the credit and reputation of innocent tenants. This act also ensures that landlords will have access to timely and more accurate information regarding prospective tenants. This act is a response to the state\u2019s ongoing affordable housing crisis and is necessary to prevent tenants from being inadvertently denied an opportunity to secure housing simply as a result of being named in an unlawful detainer lawsuit.\nSEC. 2.\nIt is the intent of the Legislature to amend existing statutes regarding open access to public records by making permanently unavailable to the public civil case records in unlawful detainer proceedings in which the plaintiff does not prevail within 60 days of filing instead of unlawful detainer proceedings in which the defendant prevails within 60 days of filing.\nSEC. 3.\nSection 1161.2 of the Code of Civil Procedure is amended to read:\n1161.2.\n(a) (1) The clerk shall allow access to limited civil case records filed under this chapter, including the court file, index, and register of actions, only as follows:\n(A) To a party to the action, including a party\u2019s attorney.\n(B) To a person who provides the clerk with the names of at least one plaintiff and one defendant and the address of the premises, including the apartment or unit number, if any.\n(C) To a resident of the premises who provides the clerk with the name of one of the parties or the case number and shows proof of residency.\n(D) To a person by order of the court, which may be granted ex parte, on a showing of good cause.\n(E) To any person by order of the court if judgment is entered for the plaintiff after trial more than 60 days since the filing of the complaint. The court shall issue the order upon issuing judgment for the plaintiff.\n(F) Except as provided in subparagraph (G), to any other person 60 days after the complaint has been filed if the plaintiff prevails in the action within 60 days of the filing of the complaint, in which case the clerk shall allow access to any court records in the action. If a default or default judgment is set aside more than 60 days after the complaint has been filed, this section shall apply as if the complaint had been filed on the date the default or default judgment is set aside.\n(G) In the case of a complaint involving residential property based on Section 1161a as indicated in the caption of the complaint, as required in subdivision (c) of Section 1166, to any other person, if 60 days have elapsed since the complaint was filed with the court, and, as of that date, judgment against all defendants has been entered for the plaintiff, after a trial.\n(2) This section shall not be construed to prohibit the court from issuing an order that bars access to the court record in an action filed under this chapter if the parties to the action so stipulate.\n(b) (1) For purposes of this section, \u201cgood cause\u201d includes, but is not limited to, both of the following:\n(A) The gathering of newsworthy facts by a person described in Section 1070 of the Evidence Code.\n(B) The gathering of evidence by a party to an unlawful detainer action solely for the purpose of making a request for judicial notice pursuant to subdivision (d) of Section 452 of the Evidence Code.\n(2) It is the intent of the Legislature that a simple procedure be established to request the ex parte order described in subparagraph (D) of paragraph (1) of subdivision (a).\n(c) Upon the filing of a case so restricted, the court clerk shall mail notice to each defendant named in the action. The notice shall be mailed to the address provided in the complaint. The notice shall contain a statement that an unlawful detainer complaint (eviction action) has been filed naming that party as a defendant, and that access to the court file will be delayed for 60 days except to a party, an attorney for one of the parties, or any other person who (1) provides to the clerk the names of at least one plaintiff and one defendant in the action and provides to the clerk the address, including any applicable apartment, unit, or space number, of the subject premises, or (2) provides to the clerk the name of one of the parties in the action or the case number and can establish through proper identification that he or she lives at the subject premises. The notice shall also contain a statement that access to the court index, register of actions, or other records is not permitted until 60 days after the complaint is filed, except pursuant to an order upon a showing of good cause for access. The notice shall contain on its face the following information:\n(1) The name and telephone number of the county bar association.\n(2) The name and telephone number of any entity that requests inclusion on the notice and demonstrates to the satisfaction of the court that it has been certified by the State Bar of California as a lawyer referral service and maintains a panel of attorneys qualified in the practice of landlord-tenant law pursuant to the minimum standards for a lawyer referral service established by the State Bar of California and Section 6155 of the Business and Professions Code.\n(3) The following statement:\n\n\n\u201cThe State Bar of California certifies lawyer referral services in California and publishes a list of certified lawyer referral services organized by county. To locate a lawyer referral service in your county, go to the State Bar\u2019s Internet Web site at www.calbar.ca.gov or call 1-866-442-2529.\u201d\n\n\n(4) The name and telephone number of an office or offices funded by the federal Legal Services Corporation or qualified legal services projects that receive funds distributed pursuant to Section 6216 of the Business and Professions Code that provide legal services to low-income persons in the county in which the action is filed. The notice shall state that these telephone numbers may be called for legal advice regarding the case. The notice shall be issued between 24 and 48 hours of the filing of the complaint, excluding weekends and holidays. One copy of the notice shall be addressed to \u201call occupants\u201d and mailed separately to the subject premises. The notice shall not constitute service of the summons and complaint.\n(d) Notwithstanding any other law, the court shall charge an additional fee of fifteen dollars ($15) for filing a first appearance by the plaintiff. This fee shall be added to the uniform filing fee for actions filed under this chapter.\n(e) This section does not apply to a case that seeks to terminate a mobilehome park tenancy if the statement of the character of the proceeding in the caption of the complaint clearly indicates that the complaint seeks termination of a mobilehome park tenancy.\n(f) This section does not alter any provision of the Evidence Code.\nSEC. 4.\nSection 1167.1 is added to the Code of Civil Procedure, to read:\n1167.1.\nIf proof of service of the summons has not been filed within 60 days of the complaint\u2019s filing, the court may dismiss the action without prejudice.","title":""}
{"_id":"c161","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 1502.8 is added to the Health and Safety Code, to read:\n1502.8.\nThe department shall adopt regulations consistent with paragraph (24) of subdivision (a) of Section 16001.9 of the Welfare and Institutions Code.\nSEC. 2.\nSection 16001.9 of the Welfare and Institutions Code is amended to read:\n16001.9.\n(a) It is the policy of the state that all minors and nonminors in foster care shall have the following rights:\n(1) To live in a safe, healthy, and comfortable home where he or she is treated with respect.\n(2) To be free from physical, sexual, emotional, or other abuse, or corporal punishment.\n(3) To receive adequate and healthy food, adequate clothing, and, for youth in group homes, an allowance.\n(4) To receive medical, dental, vision, and mental health services.\n(5) To be free of the administration of medication or chemical substances, unless authorized by a physician.\n(6) To contact family members, unless prohibited by court order, and social workers, attorneys, foster youth advocates and supporters, Court Appointed Special Advocates (CASAs), and probation officers.\n(7) To visit and contact brothers and sisters, unless prohibited by court order.\n(8) To contact the Community Care Licensing Division of the State Department of Social Services or the State Foster Care Ombudsperson regarding violations of rights, to speak to representatives of these offices confidentially, and to be free from threats or punishment for making complaints.\n(9) To make and receive confidential telephone calls and send and receive unopened mail, unless prohibited by court order.\n(10) To attend religious services and activities of his or her choice.\n(11) To maintain an emancipation bank account and manage personal income, consistent with the child\u2019s age and developmental level, unless prohibited by the case plan.\n(12) To not be locked in a room, building, or facility premises, unless placed in a community treatment facility.\n(13) To attend school and participate in extracurricular, cultural, and personal enrichment activities, consistent with the child\u2019s age and developmental level, with minimal disruptions to school attendance and educational stability.\n(14) To work and develop job skills at an age-appropriate level, consistent with state law.\n(15) To have social contacts with people outside of the foster care system, including teachers, church members, mentors, and friends.\n(16) To attend Independent Living Program classes and activities if he or she meets age requirements.\n(17) To attend court hearings and speak to the judge.\n(18) To have storage space for private use.\n(19) To be involved in the development of his or her own case plan and plan for permanent placement.\n(20) To review his or her own case plan and plan for permanent placement, if he or she is 12 years of age or older and in a permanent placement, and to receive information about his or her out-of-home placement and case plan, including being told of changes to the plan.\n(21) To be free from unreasonable searches of personal belongings.\n(22) To the confidentiality of all juvenile court records consistent with existing law.\n(23) To have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.\n(24) To be placed in out-of-home care according to their gender identity, regardless of the gender or sex listed in their court or child welfare records.\n(25) To have caregivers and child welfare personnel who have received instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.\n(26) At 16 years of age or older, to have access to existing information regarding the educational options available, including, but not limited to, the coursework necessary for vocational and postsecondary educational programs, and information regarding financial aid for postsecondary education.\n(27) To have access to age-appropriate, medically accurate information about reproductive health care, the prevention of unplanned pregnancy, and the prevention and treatment of sexually transmitted infections at 12 years of age or older.\n(b) Nothing in this section shall be interpreted to require a foster care provider to take any action that would impair the health and safety of children in out-of-home placement.\n(c) The State Department of Social Services and each county welfare department are encouraged to work with the Student Aid Commission, the University of California, the California State University, and the California Community Colleges to receive information pursuant to paragraph (26) of subdivision (a).\nSEC. 3.\nSection 16006 is added to the Welfare and Institutions Code, to read:\n16006.\nChildren and nonminor dependents in out-of-home care shall be placed according to their gender identity, regardless of the gender or sex listed in their court or child welfare records.\nSEC. 4.\nIf 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.","title":""}
{"_id":"c372","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 67381 of the Education Code is amended to read:\n67381.\n(a) The Legislature reaffirms that campus law enforcement agencies have the primary authority for providing police or security services, including the investigation of criminal activity, to their campuses.\n(b) The Trustees of the California State University, the Regents of the University of California, and the governing board of independent postsecondary institutions, as defined, shall adopt rules requiring each of their respective campuses to enter into written agreements with local law enforcement agencies that clarify operational responsibilities for investigations of Part 1 violent crimes, sexual assaults, and hate crimes occurring on each campus.\n(c) Local law enforcement agencies shall enter into written agreements with campus law enforcement agencies if there are college or university campuses of the governing entities specified in subdivision (b) located in the jurisdictions of the local law enforcement agencies.\n(d) Each written agreement entered into pursuant to this section shall designate which law enforcement agency shall have operational responsibility for the investigation of each Part 1 violent crime, sexual assault, and hate crime, and delineate the specific geographical boundaries of each agency\u2019s operational responsibility, including maps as necessary.\n(e) A written agreement entered into pursuant to this section shall be reviewed, updated if necessary, and made available for public viewing by July 1, 2016, and every five years thereafter.\n(f) Each agency shall be responsible for its own costs of investigation unless otherwise specified in a written agreement.\n(g) Nothing in this section shall affect existing written agreements between campus law enforcement agencies and local law enforcement agencies that otherwise meet the standards contained in subdivision (d) or any existing mutual aid procedures established pursuant to state or federal law.\n(h) Nothing in this section shall be construed to limit the authority of campus law enforcement agencies to provide police services to their campuses.\n(i) As used in this section, the following terms have the following meanings:\n(1) \u201cLocal law enforcement agencies\u201d means city or county law enforcement agencies with operational responsibilities for police services in the community in which a campus is located.\n(2) \u201cPart 1 violent crimes\u201d means willful homicide, forcible rape, robbery, and aggravated assault, as defined in the Uniform Crime Reporting Handbook of the Federal Bureau of Investigation.\n(3) \u201cHate crime\u201d means any offense described in Section 422.55 of the Penal Code.\n(4) \u201cSexual assault\u201d includes, but is not limited to, rape, forced sodomy, forced oral copulation, rape by a foreign object, sexual battery, or threat of any of these.\n(5) \u201cIndependent postsecondary institutions\u201d means institutions operating pursuant to Section 830.6 of the Penal Code or pursuant to a memorandum of understanding as described in subdivision (b) of Section 830.7 of the Penal Code.\n(j) This section shall be known and may be cited as the Kristin Smart Campus Safety Act of 1998.\n(k) It is the intent of the Legislature by enacting this section to provide the public with clear information regarding the operational responsibilities for the investigation of crimes occurring on university and college campuses by setting minimum standards for written agreements to be entered into by campus law enforcement agencies and local law enforcement agencies.\nSEC. 2.\nSection 67381.1 is added to the Education Code, to read:\n67381.1.\n(a) The Legislature reaffirms that campus law enforcement agencies have the primary authority for providing police or security services, including the investigation of criminal activity, to their campuses.\n(b) The governing board of each community college district shall adopt rules requiring each of their respective campuses to enter into written agreements with local law enforcement agencies that clarify operational responsibilities for investigations of Part 1 violent crimes occurring on each campus.\n(c) Local law enforcement agencies shall enter into written agreements with community college campus law enforcement agencies if there are community college campuses located in the jurisdictions of the local law enforcement agencies.\n(d) Each written agreement entered into pursuant to this section shall designate which law enforcement agency shall have operational responsibility for the investigation of each Part 1 violent crime and delineate the specific geographical boundaries of each agency\u2019s operational responsibility, including maps as necessary.\n(e) Written agreements regarding community college law enforcement agencies entered into pursuant to this section or pursuant to Section 67381 as that section read before January 1, 2016, shall be available for public viewing.\n(f) Each agency shall be responsible for its own costs of investigation unless otherwise specified in a written agreement.\n(g) Nothing in this section shall affect existing written agreements between community college campus law enforcement agencies and local law enforcement agencies that otherwise meet the standards contained in subdivision (d) or any existing mutual aid procedures established pursuant to state or federal law.\n(h) Nothing in this section shall be construed to limit the authority of community college campus law enforcement agencies to provide police services to their campuses.\n(i) As used in this section, the following terms have the following meanings:\n(1) \u201cLocal law enforcement agencies\u201d means city or county law enforcement agencies with operational responsibilities for police services in the community in which a campus is located.\n(2) \u201cPart 1 violent crimes\u201d means willful homicide, forcible rape, robbery, and aggravated assault, as defined in the Uniform Crime Reporting Handbook of the Federal Bureau of Investigation.\n(j) It is the intent of the Legislature by enacting this section to provide the public with clear information regarding the operational responsibilities for the investigation of crimes occurring on community college campuses by setting minimum standards for written agreements to be entered into by community college campus law enforcement agencies and local law enforcement agencies.\n(k) (1) Upon the governing board of a community college district adopting a rule requiring each of its campuses to update an agreement entered into pursuant to this section or pursuant to Section 67381 as that section read before January 1, 2016, the governing board of the community college district shall be treated as a governing entity specified in subdivision (b) of Section 67381 and the community college district and its campuses shall be subject to the requirements of Section 67381 instead of this section.\n(2) The Legislature encourages the governing board of each community college district to adopt a rule requiring each of its respective campuses to update these agreements.\nSEC. 3.\nIf 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.","title":""}
{"_id":"c380","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 70615 of the Government Code is amended to read:\n70615.\nThe fee for filing any of the following appeals to the superior court is twenty-five dollars ($25):\n(a) An appeal of a local agency\u2019s decision regarding an administrative fine or penalty under Section 53069.4.\n(b) An appeal under Section 40230 of the Vehicle Code of an administrative agency\u2019s decision regarding a parking violation.\n(c) An appeal under Section 99582 of the Public Utilities Code of a hearing officer\u2019s determination regarding an administrative penalty for fare evasion or a passenger conduct violation.\n(d) An appeal under Section 186.35 of the Penal Code of a law enforcement agency\u2019s determination regarding the placement of an individual\u2019s information in a shared gang database.\nSEC. 2.\nSection 186.34 of the Penal Code is amended to read:\n186.34.\n(a) (1) For purposes of this section, \u201cshared gang database\u201d shall mean any database that satisfies all of the following:\n(A) Allows access for any local law enforcement agency.\n(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.\n(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 \u201cshared gang database.\u201d\n(2) A \u201cshared gang database\u201d 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.\n(3) Notwithstanding subparagraph (C) of paragraph (1), a \u201cshared gang database\u201d includes the CalGang system, operated pursuant to Part 23 of Title 28 of the Code of Federal Regulations.\n(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.\n(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:\n(A) The number of persons included in the database on the day of reporting.\n(B) The number of persons added to the database during the immediately preceding 12 months.\n(C) The number of requests for removal of a person from the database received during the immediately preceding 12 months.\n(D) The number of requests for removal of a person from the database that were granted during the immediately preceding 12 months.\n(E) The number of persons automatically removed from the database during the immediately preceding 12 months.\n(2) Commencing February 15, 2018, and annually on February 15 thereafter, the Department of Justice shall post each law enforcement agency\u2019s report that contains the information collected pursuant to paragraph (1) on the department\u2019s Internet Web site.\n(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\u2019s 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.\n(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.\n(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.\n(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).\n(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.\n(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.\n(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\u2019s 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.\n(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.\nSEC. 3.\nSection 186.35 is added to the Penal Code, to read:\n186.35.\n(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\u2019s 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.\n(b) The evidentiary record for the appeal shall be limited to the agency\u2019s 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\u2019s 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.\n(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.\nSEC. 4.\nIf 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.","title":""}
{"_id":"c240","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 2356.5 of the Probate Code is amended to read:\n2356.5.\n(a) The Legislature hereby finds and declares:\n(1) That conservatees with major neurocognitive disorders (MNCDs), as defined in the last published edition of the \u201cDiagnostic and Statistical Manual of Mental Disorders,\u201d should have a conservatorship to serve their unique and special needs.\n(2) Common forms of MNCDs are known as Alzheimer\u2019s disease, vascular dementia, dementia with Lewy bodies, Parkinson dementia, frontotemporal dementia, and mixed dementia.\n(3) That, by adding powers to the probate conservatorship for conservatees with MNCDs, their unique and special needs can be met, and the basic dignity and rights of the conservatee can be safeguarded.\n(4) Psychotropic medications can be misused for people with MNCDs to control behavior that conveys pain, distress, or discomfort and the administration of psychotropic medications has been and can be abused by those who prescribe and administer these medications.\n(5) Since 2005, the federal Food and Drug Administration has required the packaging of all antipsychotic medications, which fall under a class of psychotropic medication, to contain a black box warning label that the medication significantly increases the risk of death for elderly people with MNCDs.\n(6) Therefore, granting powers to a conservator to authorize these medications for the treatment of a person with an MNCD requires the additional protections specified in this section.\n(b) For the purposes of this section, \u201cMNCD\u201d means a major neurocognitive disorder, as defined in the latest published edition of the \u201cDiagnostic and Statistical Manual of Mental Disorders.\u201d\n(c) Notwithstanding any other law, a conservator may authorize the placement of a conservatee in a secured perimeter residential care facility for the elderly operated pursuant to Section 1569.698 of the Health and Safety Code, and which has a care plan that meets the requirements of Section 87705 of Title 22 of the California Code of Regulations, upon a court\u2019s finding, by clear and convincing evidence, of all of the following:\n(1) The conservatee has an MNCD.\n(2) The conservatee lacks the capacity to give informed consent to this placement and has at least one mental function deficit pursuant to subdivision (a) of Section 811, and this deficit significantly impairs the person\u2019s ability to understand and appreciate the consequences of his or her actions pursuant to subdivision (b) of Section 811.\n(3) The conservatee needs or would benefit from a restricted and secure environment, as demonstrated by evidence presented by the physician or psychologist referred to in paragraph (3) of subdivision (f).\n(4) The proposed placement in a secured perimeter residential care facility for the elderly is the least restrictive placement appropriate to the needs of the conservatee.\n(5) The secured setting is the choice of the conservator from various setting options, as documented in the person-centered care plan.\n(d) Notwithstanding any other law, a conservator of a person may authorize the administration of psychotropic medications to a conservatee with an MNCD only upon a court\u2019s finding, by clear and convincing evidence, of all of the following:\n(1) The conservatee has an MNCD.\n(2) The conservatee lacks the capacity to give informed consent to the administration of psychotropic medications for his or her treatment and has at least one mental function deficit pursuant to subdivision (a) of Section 811, and this deficit or deficits significantly impairs the person\u2019s ability to understand and appreciate the consequences of his or her actions pursuant to subdivision (b) of Section 811.\n(3) The conservatee needs or would benefit from appropriate medication as demonstrated by evidence presented by the physician as provided in subdivision (f).\n(e) Pursuant to subdivision (b) of Section 2355, in the case of a person who is an adherent of a religion whose tenets and practices call for a reliance on prayer alone for healing, the treatment required by the conservator under subdivision (d) shall be by an accredited practitioner of that religion in lieu of the administration of medications.\n(f) A petition for authority to act under this section is governed by Section 2357, except:\n(1) The conservatee shall be represented by an attorney pursuant to Chapter 4 (commencing with Section 1470) of Part 1. Upon granting or denying authority to a conservator under this section, the court shall discharge the attorney or order the continuation of the legal representation, consistent with the standard set forth in subdivision (a) of Section 1470.\n(2) The conservatee shall be produced at the hearing, unless excused pursuant to Section 1893.\n(3) The petition requesting authority under subdivision (c) shall be supported by a declaration of a physician, or a psychologist within the scope of his or her licensure, regarding each of the findings required to be made under this section for any power requested. The psychologist shall have at least two years of experience in diagnosing MNCDs.\n(4) The petition requesting authority under subdivision (d) shall be supported by a declaration of a physician regarding each of the findings required to be made under this section for any power requested. The supporting declaration for a petition requesting authority under subdivision (d) shall also include all of the following:\n(A) A description of the conservatee\u2019s diagnosis and a description of the conservatee\u2019s behavior.\n(B) The recommended course of medication.\n(C) A description of the pharmacological and nonpharmacological treatments and medications that have been previously used or proposed, the less invasive treatments or medications used or proposed, and why these treatments or medications have not been or would not be effective in treating the conservatee\u2019s symptoms.\n(D) The expected effects of the recommended medication on the conservatee\u2019s overall mental health and treatment plan, including how the medication is expected to improve the conservatee\u2019s symptoms.\n(E) A description of the potential side effects of the recommended medication, including any black box warnings issued by the federal Food and Drug Administration as defined in Section 201.57(c)(1) of Title 21 of the Code of Federal Regulations.\n(F) Whether the conservatee and his or her attorney have had an opportunity to provide input on the recommended medications.\n(5) On or before July 1, 2017, the Judicial Council shall adopt rules of court and develop appropriate forms for the implementation of this section, and shall provide guidance to the court on how to evaluate the request for authorization, including how to proceed if information, otherwise required to be included in a request for authorization under this section, is not included in a request for authorization submitted to the court.\n(6) The petition may be filed by any of the persons designated in Section 1891.\n(g) The court investigator shall annually investigate and report to the court every two years pursuant to Sections 1850 and 1851 if the conservator is authorized to act under this section. In addition to the other matters provided in Section 1851, the conservatee shall be specifically advised by the investigator that the conservatee has the right to object to the conservator\u2019s powers granted under this section, and the report shall also include whether powers granted under this section are warranted. If the conservatee objects to the conservator\u2019s powers granted under this section, or the investigator determines that some change in the powers granted under this section is warranted, the court shall provide a copy of the report to the attorney of record for the conservatee. If no attorney has been appointed for the conservatee, one shall be appointed pursuant to Chapter 4 (commencing with Section 1470) of Part 1. The attorney shall, within 30 days after receiving this report, do one of the following:\n(1) File a petition with the court regarding the status of the conservatee.\n(2) File a written report with the court stating that the attorney has met with the conservatee and determined that the petition would be inappropriate.\n(h) If authority to administer psychotropic medications is granted pursuant to subdivision (d), the conservator may change or adjust psychotropic medications without further notice to, or approval from, the court, provided that the change or adjustment is consistent with the authority granted by the courons\u201d includes, but is not limited to, anxiolytic agents, antidepressants, mood stabilizers, antipsychotic medications, hypnotics, and psychostimulants. \u201cPsychotropic medications\u201d does not include medications approved by the federal Food and Drug Administration for the treatment of an MNCD or anti-Parkinson agents.\n(o) This section shall not apply to a conservatee who is prescribed a psychotropic or antipsychotic medication by a physician in an acute care hospital setting or for purposes of diagnosis or therapeutic treatment not directly related to the MNCD, including, but not limited to, sedation prior to an invasive procedure or nausea prevention or relief. In those circumstances, the informed consent of the conservator may be obtained pursuant to the authority granted under Section 2355.","title":""}
{"_id":"c122","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 12811 of the Vehicle Code is amended to read:\n12811.\n(a) (1) (A) When the department determines that the applicant is lawfully entitled to a license, the department shall issue to the person a driver\u2019s license as applied for. The license shall state the class of license for which the licensee has qualified and shall contain the distinguishing number assigned to the applicant, the date of expiration, the true full name, age, and mailing address of the licensee, a brief description and engraved picture or photograph of the licensee for the purpose of identification, and space for the signature of the licensee.\n(B) Each license shall also contain a space for the endorsement of a record of each suspension or revocation of the license.\n(C) The department shall use whatever process or processes, in the issuance of engraved or colored licenses, that prohibit, as near as possible, the ability to alter or reproduce the license, or prohibit the ability to superimpose a picture or photograph on the license without ready detection.\n(2) In addition to the requirements of paragraph (1), a license issued to a person under 18 years of age shall display the words \u201cprovisional until age 18.\u201d\n(b) (1) On and after July 1, 2011, an application for an original or renewal driver\u2019s license or identification card shall contain a space for the applicant to enroll in the Donate Life California Organ and Tissue Donor Registry. The application shall include check boxes for an applicant to mark either (A) Yes, add my name to the donor registry or (B) I do not wish to register at this time.\n(2) The department shall inquire verbally of an applicant applying in person for an original or renewal driver\u2019s license or identification card at a department office as to whether the applicant wishes to enroll in the Donate Life California Organ and Tissue Donor Registry. Failure or refusal to answer this question or check a box on the application form shall not be a basis for the department to deny an applicant a driver\u2019s license or identification card.\n(3) The following language shall be included with the question required by paragraph (1):\n\n\n\u201cMarking \u2018Yes\u2019 adds your name to the Donate Life California Organ and Tissue Donor Registry and a pink \u2018donor\u2019 dot will appear on your license. If you wish to remove your name from the registry you must contact Donate Life California (see back); DMV can remove the pink dot from your licenses but cannot remove you from the registry.\u201d\n\n\n(4) The back of the application shall contain the following statement:\n\n\n\u201cIf, on the front of this form, you marked \u2018Yes\u2019 to register as an organ and tissue donor you are legally authorizing the recovery of organs and tissues in the event of your death. Registering as a donor will not affect your medical treatment in any way. As outlined in the California Anatomical Gift Act, your authorization is legally binding and, unless the donor is under 18 years of age, your decision does not require the consent of any other person. For registered donors under 18 years of age, the legal guardian shall make the final donation decision. You may limit your donation to specific organs or tissues, place usage restrictions, for example transplantation or research, obtain more information about donation, or remove your name from the registry on the Internet Web site of Donate Life California: www.donateLIFEcalifornia.org.\u201d\n\n\n(5) Notwithstanding any other law, a person under 18 years of age may register as a donor. However, the legal guardian of that person shall make the final decision regarding the donation.\n(6) The department shall collect donor designation information on all applications for an original or renewal driver\u2019s license or identification card.\n(7) The department shall print the word \u201cDONOR\u201d or another appropriate designation on the face of a driver\u2019s license or identification card to a person who has indicated on the application his or her intent to enroll in the organ donation program pursuant to this section.\n(8) On a weekly basis, the department shall electronically transmit to Donate Life California, a nonprofit organization established and designated as the California Organ and Tissue Donor Registrar pursuant to Section 7150.90 of the Health and Safety Code, all of the following information from every application that indicates the applicant\u2019s decision to enroll in the organ donation program:\n(A) His or her true full name.\n(B) His or her residence or mailing address.\n(C) His or her year of birth.\n(D) His or her California driver\u2019s license number or identification card number.\n(9) (A) A person who applies for an original or renewal driver\u2019s license or identification card may designate a voluntary contribution of two dollars ($2) for the purpose of promoting and supporting organ and tissue donation. This contribution shall be collected by the department, and treated as a voluntary contribution to Donate Life California and not as a fee for the issuance of a driver\u2019s license or identification card.\n(B) The department may use the donations collected pursuant to this paragraph to cover its actual administrative costs incurred pursuant to paragraphs (6) to (8), inclusive. The department shall deposit all revenue derived pursuant to this paragraph and remaining after the department\u2019s deduction for administrative costs in the Donate Life California Trust Subaccount, that is hereby created in the Motor Vehicle Account in the State Transportation Fund. Notwithstanding Section 13340 of the Government Code, all revenue in this subaccount is continuously appropriated, without regard to fiscal years, to the Controller for allocation to Donate Life California and shall be expended for the purpose of increasing participation in organ donation programs.\n(C) The department shall transmit to the Donate Life California Organ and Tissue Donor Registry and the appropriate policy and fiscal committees of the Legislature an annual report, and shall make available quarterly updates, detailing funds collected through voluntary contributions as well as a summary of applicants, including all of the following nonidentifiable information:\n(i) Date of application.\n(ii) Method of application (field office, online, or mail).\n(iii) Donor registration status.\n(iv) ZIP Code.\n(v) Gender.\n(vi) Year of birth.\n(D) (i) The annual report to be submitted to the appropriate policy and fiscal committees of the Legislature pursuant to subparagraph (C) shall be submitted in compliance with Section 9795 of the Government Code.\n(ii) Pursuant to Section 10231.5 of the Government Code, the requirement for submitting the annual report to the appropriate policy and fiscal committees of the Legislature imposed under subparagraph (C) is inoperative four years after the date the first annual report is due.\n(10) The enrollment form shall be posted on the Internet Web sites for the department and the California Health and Human Services Agency.\n(11) The enrollment shall constitute a legal document pursuant to the Uniform Anatomical Gift Act (Chapter 3.5 (commencing with Section 7150) of Part 1 of Division 7 of the Health and Safety Code) and shall remain binding after the donor\u2019s death despite any express desires of next of kin opposed to the donation. Except as provided in paragraph (5) of subdivision (b), the donation does not require the consent of any other person.\n(12) Donate Life California shall ensure that all additions and deletions to the California Organ and Tissue Donor Registry, established pursuant to Section 7150.90 of the Health and Safety Code, shall occur within 30 days of receipt.\n(13) Information obtained by Donate Life California for the purposes of this subdivision shall be used for these purposes only and shall not be disseminated further by Donate Life California.\n(c) (1) All applications for a driver\u2019s license or identification card shall contain a space for an applicant to indicate whether he or she has served in the Armed Forces of the United States and to give his or her consent to be contacted regarding eligibility to receive state or federal veterans benefits. The application shall contain the following statement:\n\n\n\u201cBy marking the veteran box on this application, I certify that I am a veteran of the United States Armed Forces and that I want to receive veterans benefits information from the California Department of Veterans Affairs. By marking the veteran box on this application, I also consent to DMV transmitting my name and mailing address to the California Department of Veterans Affairs for this purpose only, and I certify that I have been notified that this transmittal will occur.\u201d\n\n\n(2) The department shall collect the information obtained pursuant to paragraph (1).\n(3) As mutually agreed between the department and the Department of Veterans Affairs, the department shall electronically transmit to the Department of Veterans Affairs the following information on each applicant who has identified that he or she has served in the Armed Forces of the United States since the last data transfer and has consented to be contacted about veterans benefits:\n(A) His or her true full name.\n(B) His or her mailing address.\n(4) Information obtained by the Department of Veterans Affairs for the purposes of this subdivision shall be used for the purpose of assisting individuals to access veterans benefits and shall not be disseminated except as needed for this purpose.\n(5) Commencing November 11, 2015, an in-person application for a driver\u2019s license or identification card shall allow an applicant to request the word \u201cVETERAN\u201d be printed on the face of the driver\u2019s license or identification card. A verification form shall be developed by the Department of Veterans Affairs in consultation with the Department of Motor Vehicles and the California Association of County Veterans Service Officers to acknowledge verification of veteran status. A county veterans service office shall verify the veteran\u2019s status as a veteran, sign the verification form, and return it to the veteran. The Department of Motor Vehicles shall accept the signed verification form as proof of veteran status.\nUpon payment of the fee required pursuant to Section 14901.1, the\nThe\nword \u201cVETERAN\u201d shall be printed on the face of a driver\u2019s license or identification card, in a location determined by the department, and issued to a person who makes this request and presents the verification form to the department.\n(d) A public entity or employee shall not be liable for loss, detriment, or injury resulting directly or indirectly from false or inaccurate information contained in the form provided pursuant to subdivision (b).\n(e) A contract shall not be awarded to a nongovernmental entity for the processing of driver\u2019s licenses, unless the contract conforms to all applicable state contracting laws and all applicable procedures set forth in the State Contracting Manual.\nSEC. 2.\nSection 14901.1 of the Vehicle Code is repealed.\n14901.1.\nIn addition to the fees required by Section 14900, 14900.1, or 14902, the department shall charge a one-time fee of five dollars ($5) to any person who requests, pursuant to paragraph (5) of subdivision (c) of Section 12811, that the person\u2019s driver\u2019s license or identification card be printed with the word \u201cVETERAN\u201d to indicate that the person has served in the United States Armed Forces. The department may increase the fee by regulation, in an amount not to exceed fifteen dollars ($15), to reimburse the department for its reasonable costs in processing and issuing a request for a license or card issued pursuant to paragraph (5) of subdivision (c) of Section 12811.","title":""}
{"_id":"c82","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 10820 of the Corporations Code is amended to read:\n10820.\n(a) \u201cHealth care service plan,\u201d as used in this section means a corporation that is a health care service plan defined in the Knox-Keene Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code), other than a corporation that is exempted from that act by subdivision (c) of Section 1343 of the Health and Safety Code.\n(b) A health care service plan may be formed under or subject to Part 2 (commencing with Section 5110) of this division or Part 3 (commencing with Section 7110) of this division.\nSEC. 2.\nSection 1343 of the Health and Safety Code is amended to read:\n1343.\n(a) This chapter shall apply to health care service plans and specialized health care service plan contracts as defined in subdivisions (f) and (o) of Section 1345.\n(b) The director may by the adoption of rules or the issuance of orders deemed necessary and appropriate, either unconditionally or upon specified terms and conditions or for specified periods, exempt from this chapter any class of persons or plan contracts if the director finds the action to be in the public interest and not detrimental to the protection of subscribers, enrollees, or persons regulated under this chapter, and that the regulation of the persons or plan contracts is not essential to the purposes of this chapter.\n(c) Upon the request of the Director of Health Care Services, the director may exempt from this chapter any mental health plan contractor or any capitated rate contract under Chapter 8.9 (commencing with Section 14700) of Part 3 of Division 9 of the Welfare and Institutions Code. Those exemptions may be subject to conditions the Director of Health Care Services deems appropriate.\n(d) This chapter shall not apply to:\n(1) A person organized and operating pursuant to a certificate issued by the Insurance Commissioner unless the entity is directly providing the health care service through those entity-owned or contracting health facilities and providers, in which case this chapter shall apply to the insurer\u2019s plan and to the insurer.\n(2) A plan directly operated by a bona fide public or private institution of higher learning which directly provides health care services only to its students, faculty, staff, administration, and their respective dependents.\n(3) A person who does all of the following:\n(A) Promises to provide care for life or for more than one year in return for a transfer of consideration from, or on behalf of, a person 60 years of age or older.\n(B) Has obtained a written license pursuant to Chapter 2 (commencing with Section 1250) or Chapter 3.2 (commencing with Section 1569).\n(C) Has obtained a certificate of authority from the State Department of Social Services.\n(4) The Major Risk Medical Insurance Board when engaging in activities under Chapter 8 (commencing with Section 10700) of Part 2 of Division 2 of the Insurance Code, Part 6.3 (commencing with Section 12695) of Division 2 of the Insurance Code, and Part 6.5 (commencing with Section 12700) of Division 2 of the Insurance Code.\n(5) The California Small Group Reinsurance Fund.\nSEC. 3.\nSection 101750.5 of the Health and Safety Code is amended to read:\n101750.5.\nFor the purposes of Division 3.6 (commencing with Section 810) of Title 1 of the Government Code, the authority shall be considered a public entity separate from the county or counties and shall file the statement required by Section 53051 of the Government Code.\nSEC. 4.\nSection 14087.95 of the Welfare and Institutions Code is repealed.\nSEC. 5.\nSection 14087.95 is added to the Welfare and Institutions Code, to read:\n14087.95.\nA\n(a) Subject to subdivision (b), a\ncounty contracting with the department pursuant to this article shall be deemed to be a health care service plan, as defined in Section 1345 of the Health and Safety Code, and shall be subject to the Knox-Keene Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code) for the purpose of carrying out those contracts, unless the act expressly provides otherwise.\n(b) (1) A county organized health system under subdivision (a) that holds a license under the Knox-Keene Health Care Service Plan Act of 1975 on December 31, 2015, to provide the product described in subdivision (a), shall be subject to this section on and after January 1, 2016.\n(2) A county organized health system under subdivision (a) that holds a license under the Knox-Keene Health Care Service Plan Act of 1975 on December 31, 2015, for any product not described in subdivision (a) that is subject to the act, shall be subject to this section on and after January 1, 2017.\n(3)\nA county organized health system under subdivision (a) that does not hold a license under the Knox-Keene Health Care Service Plan Act of 1975 on December 31, 2015, to provide the product described in subdivision (a) or any other product that is subject to the act, shall be subject to this section on and after July 1, 2017.\nSEC. 6.\nSection 14499.5 of the Welfare and Institutions Code is amended to read:\n14499.5.\n(a) (1) In carrying out the intent of this article, the director shall contract for the operation of one local pilot program. Special consideration shall be given to approving a program contracted through county government in Santa Barbara County.\n(2) Notwithstanding the limitations contained in Section 14490, the director may enter into, or extend, contracts with the local pilot program in Santa Barbara County pursuant to paragraph (1) for periods that do not exceed three years.\n(b) The establishment of a pilot program pursuant to this section shall be contingent upon the availability of state and federal funding. The program shall include the following components:\n(1) Local authority for administration, fiscal management, and delivery of services, but not including eligibility determination.\n(2) Physician case management.\n(3) Cost containment through provider incentives and other means.\n(c) The program for the pilot project shall include a plan and budget for delivery of services, administration, and evaluation. During the first year of the pilot program, the amount of the state contract shall equal 95 percent of total projected Medi-Cal expenditures for delivery of services and for administration based on fee-for-service conditions in the program county. During the remaining years of the pilot project Medi-Cal expenditures in the program county shall be no more than 100 percent of total projected expenditures for delivery of services and for administration based on any combination of the following paragraphs:\n(1) Relevant prior fee-for-service Medi-Cal experience in the program county.\n(2) The fee-for-service Medi-Cal experience in comparable counties or groups of counties.\n(3) Medi-Cal experience of the pilot project in the program county if, as determined by the department, the scope, level, and duration of, and expenditures for, any services used in setting the rates under this paragraph would be comparable to fee-for-service conditions were they to exist in the program county and would be more actuarially reliable for use in ratesetting than data available for use in applying paragraph (1) or (2).\nThe projected total expenditure shall be determined annually according to an acceptable actuarial process. The data elements used by the department shall be shared with the proposed contractor.\n(d) The director shall accept or reject the proposal within 30 days after the date of receipt. If a decision is made to reject the proposal, the director shall set forth the reasons for this decision in writing. Upon approval of the proposal, a contract shall be written within 60 days. After signature by the local contractor, the State Department of Health Care Services and the Department of General Services shall execute the contract within 60 days.\n(e) The director shall seek the necessary state and federal waivers to enable operation of the program. If the federal waivers for delivery of services under this plan are not granted, the department is under no obligation to contract for implementation of the program.\n(f) Dental services may be included within the services provided in this pilot program.\n(g) Any federal demonstration funding for this pilot program shall be made available to the county within 60 days upon notification of the award without the state retaining any portion not previously specified in the grant application as submitted.\n(h) (1) (A) The department may negotiate exclusive contracts and rates with the Santa Barbara Regional Health Authority in the implementation of this section.\n(B) Contracts entered into under this article may be on a noncompetitive bid basis and shall be exempt from Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code.\n(C) The department shall enter into contracts pursuant to this article, and shall be bound by the terms and conditions related to the rates negotiated by the negotiator.\n(2) The department shall implement this subdivision to the extent that the following apply:\n(A) Its implementation does not revise the status of the pilot program as a federal demonstration project.\n(B) Existing federal waivers apply to the pilot program as revised by this subdivision, or the federal government extends the applicability of the existing federal waivers or authorizes additional federal waivers for the implementation of the program.\n(3) The implementation of this subdivision shall not affect the pilot program\u2019s having met any of the requirements of Part 3.5 (commencing with Section 1175) of Division 1 of the Health and Safety Code and this division applicable to the pilot program with respect to the negotiations of contracts and rates by the department.\nSEC. 7.\nNo reimbursement is required by this act pursuant to Section 6 of Article XIII\u2009B 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\u2009B of the California Constitution.","title":""}
{"_id":"c457","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nThe Legislature finds and declares all of the following:\n(a) The goal of Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.) is to provide greater levels of gender equity in schools. The results have been higher enrollment in colleges and universities, increased numbers of graduate degrees in science and mathematics, increased participation in athletics, and fairer treatment in cases of sexual and gender harassment. These benefits not only lead to higher self-esteem and enhanced leadership skills, but also to higher rates of graduation and greater levels of career success. Title IX was approved in 1972, yet noncompliance with its requirements is still problematic.\n(b) Title IX addresses 10 key areas: Access to Higher Education, Athletics, Career Education, Education for Pregnant and Parenting Students, Employment, Learning Environment, Mathematics and Science, Sexual Harassment, Standardized Testing, and Technology.\n(c) On January 20, 2015, the Senate Judiciary Committee held an informational hearing entitled \u201cAttaining Equal Opportunity for Girls in California\u2019s Secondary Schools: How our Schools are Complying with Title IX.\u201d During the hearing, the committee heard from the United States Department of Education Office for Civil Rights and the State Department of Education.\n(d) As demonstrated by testimony provided during the informational hearing, school districts are often unaware that Title IX requires them to do the following:\n(1) Appoint a Title IX coordinator at both the district and school levels who is responsible for coordinating the school and school district\u2019s Title IX compliance. The coordinator should not have other responsibilities that create a conflict of interest with his or her role as coordinator.\n(2) Adopt and publish rules and procedures on how to receive, investigate, and respond to a complaint filed under Title IX.\n(3) Notify all pupils, parents and guardians of pupils, and school staff of their rights under Title IX.\n(e) A 2015 American Civil Liberties Union (ACLU) of California report found widespread unawareness among pupils and school administrators of the rights of pregnant and parenting pupils, including an extremely limited knowledge that pregnant pupils and those recovering from childbirth and related medical conditions are entitled to services available to other pupils with temporary medical conditions.\n(f) The ACLU report found that only 4 percent of school districts surveyed included \u201cparenting\u201d status within the list of categories in the nondiscrimination board policy, 25 percent of pupil survey respondents indicated that they had been restricted from participating in an extracurricular activity, such as physical education or a sport, due to their pregnancy status, and 13 percent of pupil survey respondents said that they were required by their school district to move to an alternative or continuation school as a result of their pregnancy despite the law requiring that enrollment in separate programs for parenting pupils be strictly voluntary.\n(g) Since Title IX was passed 44 years ago, it has been the subject of over 20 proposed amendments, reviews, Supreme Court cases, and other political actions. It is a living, breathing law that benefits countless women and girls. The lack of knowledge of and training on Title IX harms pupils.\nSEC. 2.\nSection 221.61 is added to the Education Code, immediately following Section 221.6, to read:\n221.61.\n(a) On or before July 1, 2017, public schools, private schools that receive federal funds and are subject to the requirements of Title IX, school districts, county offices of education, and charter schools shall post in a prominent and conspicuous location on their Internet Web sites all of the following:\n(1) The name and contact information of the Title IX coordinator for that public school, private school, school district, county office of education, or charter school, which shall include the Title IX coordinator\u2019s phone number and email address.\n(2) The rights of a pupil and the public and the responsibilities of the public school, private school, school district, county office of education, or charter school under Title IX, which shall include, but shall not be limited to, Internet Web links to information about those rights and responsibilities located on the Internet Web sites of the department\u2019s Office for Equal Opportunity and the United States Department of Education Office of Civil Rights, and the list of rights specified in Section 221.8.\n(3) A description of how to file a complaint under Title IX, which shall include all of the following:\n(A) An explanation of the statute of limitations within which a complaint must be filed after an alleged incident of discrimination has occurred, and how a complaint may be filed beyond the statute of limitations.\n(B) An explanation of how the complaint will be investigated and how the complainant may further pursue the complaint, including, but not limited to, Internet Web links to this information on the United States Department of Education Office for Civil Rights\u2019 Internet Web site.\n(C) An Internet Web link to the United States Department of Education Office for Civil Rights complaints form, and the contact information for the office, which shall include the phone number and email address for the office.\n(b) On or before April 1, 2017, and annually thereafter, the Superintendent shall send a letter through electronic means to all public schools, private schools that receive federal funds and are subject to the requirements of Title IX, school districts, county offices of education, and charter schools informing them of the requirement specified in subdivision (a) and of their responsibilities under Title IX.\n(c) A public school that does not maintain an Internet Web site may comply with subdivision (a) by posting the information specified in paragraphs (1) to (3), inclusive, of subdivision (a) on the Internet Web site of its school district or county office of education.\n(d) Nothing in this section shall be construed to require a school or local educational agency to establish an Internet Web site if the school or local educational agency does not already maintain one.\nSEC. 3.\nIf 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.","title":""}
{"_id":"c224","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 21455.5 of the Vehicle Code is amended to read:\n21455.5.\n(a) Except or provided in subdivision (k), the limit line, the intersection, or a place designated in Section 21455, where a driver is required to stop, may be equipped with an automated traffic enforcement system if the governmental agency using the system meets all of the following requirements:\n(1) Identifies the system by signs posted within 200 feet of an intersection where a system is operating that clearly indicate the system\u2019s presence and are visible to traffic approaching from all directions in which the automated traffic enforcement system is being used to issue citations. A governmental agency using a system does not need to post signs visible to traffic approaching the intersection from directions not subject to the automated traffic enforcement system. Automated traffic enforcement systems installed as of January 1, 2013, shall be identified no later than January 1, 2014.\n(2) Locates the system at an intersection and ensures that the system meets the criteria specified in Section 21455.7.\n(b) Prior to issuing citations under this section, a local jurisdiction using an automated traffic enforcement system shall commence a program to issue only warning notices for 30 days. The local jurisdiction shall also make a public announcement of the automated traffic enforcement system at least 30 days prior to the commencement of the enforcement program.\n(c) Only a governmental agency, in cooperation with a law enforcement agency, may operate an automated traffic enforcement system. A governmental agency that operates an automated traffic enforcement system shall do all of the following:\n(1) Develop uniform guidelines for screening and issuing violations and for the processing and storage of confidential information. Establish procedures to ensure compliance with those guidelines. A governmental agency that operates an automated traffic enforcement system installed on or before January 1, 2013 shall establish those guidelines by January 1, 2014.\n(2) Perform administrative functions and day-to-day functions, including, but not limited to, all of the following:\n(A) Establishing guidelines for the selection of a location. Commencing January 1, 2013, before installing an automated traffic enforcement system the governmental agency shall make and adopt a finding of fact establishing that the system is needed at a specific location for reasons related to safety.\n(B) Ensuring that the equipment is regularly inspected.\n(C) Certifying that the equipment is properly installed and calibrated, and is operating properly.\n(D) Regularly inspecting and maintaining warning signs placed pursuant to paragraph (1) of subdivision (a).\n(E) Overseeing the establishment, change, and timing of signal phases.\n(F) Maintaining controls necessary to ensure that only those citations that have been reviewed and approved by law enforcement are delivered to violators.\n(d) The activities listed in subdivision (c) that relate to the operation of the system may be contracted out by the governmental agency, if it maintains overall control and supervision of the system. However, the activities listed in paragraph (1) of, and subparagraphs (A), (D), (E), and (F) of paragraph (2) of, subdivision (c) shall not be contracted out to the manufacturer or supplier of the automated traffic enforcement system.\n(e) The printed representation of computer-generated information, video, or photographic images stored by an automated traffic enforcement system does not constitute an out-of-court hearsay statement by a declarant under Division 10 (commencing with Section 1200) of the Evidence Code.\n(f) (1) Notwithstanding Section 6253 of the Government Code, or any other law, photographic records made by an automated traffic enforcement system shall be confidential, and shall be made available only to governmental agencies and law enforcement agencies and only for the purposes of this article.\n(2) Confidential information obtained from the Department of Motor Vehicles for the administration or enforcement of this article shall be held confidential, and shall not be used for any other purpose.\n(3) Except for court records described in Section 68152 of the Government Code, the confidential records and information described in paragraphs (1) and (2) may be retained for up to six months from the date the information was first obtained, or until final disposition of the citation, whichever date is later, after which time the information shall be destroyed in a manner that will preserve the confidentiality of any person included in the record or information.\n(g) Notwithstanding subdivision (f), the registered owner or any individual identified by the registered owner as the driver of the vehicle at the time of the alleged violation shall be permitted to review the photographic evidence of the alleged violation.\n(h) (1) A contract between a governmental agency and a manufacturer or supplier of automated traffic enforcement equipment shall not include a provision for the payment or compensation to the manufacturer or supplier based on the number of citations generated, or as a percentage of the revenue generated, as a result of the use of the equipment authorized under this section.\n(2) Paragraph (1) does not apply to a contract that was entered into by a governmental agency and a manufacturer or supplier of automated traffic enforcement equipment before January 1, 2004, unless that contract is renewed, extended, or amended on or after January 1, 2004.\n(3) A governmental agency that proposes to install or operate an automated traffic enforcement system shall not consider revenue generation, beyond recovering its actual costs of operating the system, as a factor when considering whether or not to install or operate a system within its local jurisdiction.\n(i) A manufacturer or supplier that operates an automated traffic enforcement system pursuant to this section shall, in cooperation with the governmental agency, submit an annual report to the Judicial Council that includes, but is not limited to, all of the following information if this information is in the possession of, or readily available to, the manufacturer or supplier:\n(1) The number of alleged violations captured by the systems they operate.\n(2) The number of citations issued by a law enforcement agency based on information collected from the automated traffic enforcement system.\n(3) For citations identified in paragraph (2), the number of violations that involved traveling straight through the intersection, turning right, and turning left.\n(4) The number and percentage of citations that are dismissed by the court.\n(5) The number of traffic collisions at each intersection that occurred prior to, and after the installation of, the automated traffic enforcement system.\n(j)  If a governmental agency using an automated traffic enforcement system has posted signs on or before January 1, 2013, that met the requirements of paragraph (1) of subdivision (a) of this section as it read on January 1, 2012, the governmental agency shall not remove those signs until signs are posted that meet the requirements specified in this section, as it reads on January 1, 2013.\n(k) (1) Commencing January 1, 2016, a governmental agency shall not install an automated traffic enforcement system.\n(2) A governmental agency that is operating an automated traffic enforcement system on January 1, 2016, may continue to operate the automated traffic enforcement system after that date only if the agency begins conducting, on or before February 28, 2016, a traffic safety study at each intersection where an automated traffic enforcement system is in use to determine whether the use of the system resulted in a\nstatistically significant\nreduction in the number of traffic accidents\nwhen the primary collision factor was a violation of subdivision (a) or (c) of Section 21453\nat that intersection.\nThe traffic study shall also determine whether rear-end collisions occurring within 100 feet of the intersection have increased. The methodology of the traffic safety study shall account for factors other than the automated traffic enforcement system that could have caused any reduction in red-light running, including, but not limited to, engineering countermeasures employed at the intersection, changes in traffic volume, effects of weather, collisions caused by impairment, statistical regression to the mean, and overall trends in red-light running collision rates. The study shall use, at a minimum, three years of data collected before the installation of the automated traffic enforcement system, and the entire period after installation, up to the date the study commences, if that data is available, and shall adjust for any differences between the two periods.\nThe traffic safety study shall be conducted according to standards consistent with the analysis of data approved by the federal National Highway Traffic Safety Administration for automated traffic enforcement systems.\nAll raw data used for, and referenced in, the study shall be clearly listed within the study to allow peer review. The study shall be completed on or before January 1, 2017.\n(3) If the traffic safety study\nshows\ndoes not definitively show\nthat the use of an automated traffic enforcement system\ndid not reduce\nreduced\nthe number of traffic accidents\ncaused by red-light running\nthat occurred at an intersection\nequipped with an automated traffic enforcement system by a statistically significant number, or the study shows that there was an increase in rear-end collisions\n, the governmental agency shall terminate the use of the system at that intersection no later than January 1,\n2018.\n2018, and no violation captured by the system after that date shall be used for prosecution.\n(4) If the governmental agency uses an automated traffic enforcement system to cite motorists for right-turn violations, the agency shall, using the same criteria listed in paragraph (2), include in the study, an analysis of collisions caused by motorists\u2019 failure to stop before turning right on a red light in violation of subdivision (a) or (c) of Section 21453. If the traffic safety study does not definitively show that the use of the automated traffic enforcement system reduced the number of traffic accidents caused by motorists\u2019 failure to stop before turning right on a red light in violation of subdivision (a) or (c) of Section 21453 at an intersection equipped with an automated traffic enforcement system by a statistically significant number, the governmental agency shall terminate the use of the system to cite motorists for right turn violations at that intersection on or before January 1, 2018, and no violation captured by the system after that date shall be used for prosecution.","title":""}
{"_id":"c290","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 3750 of the Business and Professions Code is amended to read:\n3750.\nThe board may order the denial, suspension, or revocation of, or the imposition of probationary conditions upon, a license issued under this chapter, for any of the following causes:\n(a) Advertising in violation of Section 651 or Section 17500.\n(b) Fraud in the procurement of any license under this chapter.\n(c) Employing an unlicensed person who presents herself or himself as a licensed respiratory care practitioner when the employer knew or should have known the person was not licensed.\n(d) Conviction of a crime that substantially relates to the qualifications, functions, or duties of a respiratory care practitioner. The record of conviction or a certified copy thereof shall be conclusive evidence of the conviction.\n(e) Impersonating or acting as a proxy for an applicant in any examination given under this chapter.\n(f) Negligence in his or her practice as a respiratory care practitioner.\n(g) Conviction of a violation of this chapter or of Division 2 (commencing with Section 500), or violating, or attempting to violate, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate this chapter or Division 2 (commencing with Section 500).\n(h) The aiding or abetting of any person to violate this chapter or any regulations duly adopted under this chapter.\n(i) The aiding or abetting of any person to engage in the unlawful practice of respiratory care.\n(j) The commission of any fraudulent, dishonest, or corrupt act that is substantially related to the qualifications, functions, or duties of a respiratory care practitioner.\n(k) Falsifying, or making grossly incorrect, grossly inconsistent, or unintelligible entries in any patient, hospital, or other record.\n(l) Changing the prescription of a physician and surgeon, or falsifying verbal or written orders for treatment or a diagnostic regime received, whether or not that action resulted in actual patient harm.\n(m) Denial, suspension, or revocation of any license to practice by another agency, state, or territory of the United States for any act or omission that would constitute grounds for the denial, suspension, or revocation of a license in this state.\n(n) (1) 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 licensee to patient, from patient to patient, and from patient to licensee. 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, regulations, and guidelines 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 bloodborne pathogens in health care settings. As necessary, the board shall consult with the California Medical Board, the Board of Podiatric Medicine, the Dental Board of California, the Board of Registered Nursing, and the Board of Vocational Nursing and Psychiatric Technicians, to encourage appropriate consistency in the implementation of this subdivision.\n(2) The board shall seek to ensure that licensees are informed of the responsibility of licensees and others to follow infection control guidelines, and of the most recent scientifically recognized safeguards for minimizing the risk of transmission of bloodborne infectious diseases.\n(o) Incompetence in his or her practice as a respiratory care practitioner.\n(p) A pattern of substandard care or negligence in his or her practice as a respiratory care practitioner, or in any capacity as a health care worker, consultant, supervisor, manager or health facility owner, or as a party responsible for the care of another.\n(q) Providing false statements or information on any form provided by B5D9\">\n3755.\n(a) The board may take action against a respiratory care practitioner who is charged with unprofessional conduct in administering, or attempting to administer, direct or indirect respiratory care in any care setting. Unprofessional conduct includes, but is not limited to, the following:\n(1) Repeated acts of clearly administering directly or indirectly inappropriate respiratory care procedures, protocols, therapeutic regimens, or diagnostic testing or monitoring techniques.\n(2) Any act of administering unsafe respiratory care procedures, protocols, therapeutic regimens, or diagnostic testing or monitoring techniques.\n(3) Any act of abuse towards a patient.\n(4) A violation of any provision of Section 3750.\n(b) The board may determine unprofessional conduct involving any and all aspects of respiratory care performed by anyone licensed as a respiratory care practitioner.\n(c) Any person who engages in repeated acts of unprofessional conduct shall be guilty of a misdemeanor and shall be punished by a fine of not more than one thousand dollars ($1,000), or by imprisonment for a term not to exceed six months, or by both that fine and imprisonment.\nSEC. 4.\nNo reimbursement is required by this act pursuant to Section 6 of Article XIII\u2009B 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\u2009B of the California Constitution.","title":""}
{"_id":"c453","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nThe Legislature finds and declares all of the following:\n(a) Students, faculty, health practitioners, and college administrators are reporting increased rates of mental health needs by students attending public colleges in California.\n(b) One in four students has a diagnosable mental illness and 40 percent of students do not seek mental health services when they need it.\n(c) Eight out of 10 people who experience psychosis have their first episode between 15 and 30 years of age.\n(d) The demand for mental health services by public college students far outpaces the ability of colleges to provide them. California public college campuses and higher education systems do not meet national staffing standards for psychiatric services and other mental health professionals.\n(e) The lack of services directly impacts college students\u2019 success and academic performance as well as their ability to develop socially as productive members of society.\n(f) The effects of untreated mental health needs are long lasting and can include college students dropping out of school, experiencing homelessness, and dying of suicide.\n(g) One in 10 college students has considered suicide and suicide is the second leading cause of death among college students, claiming more than 1,100 lives every year nationally.\n(h) Research shows that for each dollar invested in student prevention and early intervention mental health services, California will see a return of at least $6 and up to $11 as a result of more students graduating.\n(i) Under the Prevention and Early Intervention component of the Mental Health Services Act, subdivision (b) of Section 3706 of Title 9 of the California Code of Regulations states that at least 51 percent of the Prevention and Early Intervention Fund shall be used to serve individuals who are 25 years old or younger.\n(j) Since the approval of the Mental Health Services Act in 2004, there has been limited interaction between college campuses and county mental health departments. It is the purpose of this act to foster partnerships between counties and college campuses to better address the mental health needs of their students.\nSEC. 2.\nPart 3.3 (commencing with Section 5832) is added to Division 5 of the Welfare and Institutions Code, to read:\nPART 3.3. College Mental Health Services Program\n5832.\nThis part shall be known, and may be cited, as the College Mental Health Services Program Act.\n5832.1.\nMoneys shall be available, upon appropriation by the Legislature, to the Mental Health Services Oversight and Accountability Commission to fund the grant program established pursuant to this part.\n5832.2.\n(a) The commission shall create a grant program for public community colleges, colleges, and universities, in collaboration with county behavioral health departments, to improve access to mental health services and early identification or intervention programs. The commission shall establish grant program guidelines and shall develop a request for application (RFA). The RFA shall include, but not be limited to, all of the following:\n(1) Eligibility standards of applicants in order to qualify to be considered for a grant award.\n(2) Required program components to be included in the grant application, which may include, but are not limited to:\n(A) The ability of the program to meet the needs of students that cannot be met through existing funds.\n(B) The ability of the program to fund the matching component required by subdivision (f).\n(C) The ability of the campus, in partnership with the local county, to establish direct linkages for students to community-based mental health services.\n(D) The ability of the campus to address direct services including, but not limited to, increasing staff to student ratios and decreasing wait times.\n(E) The ability to participate in evidence-based and community-defined best practice programs for mental health services improvements.\n(3) Preferred program components to be included in the grant application, which may include, but are not limited to:\n(A) The ability of the campus to serve underserved and vulnerable populations.\n(B) The ability of the campus, in partnership with the local county, to establish direct linkages for students to community-based mental health services for which reimbursement is available through the students\u2019 health coverage.\n(C) The ability of the campus to reduce racial disparities in access to mental health services.\n(D) The ability of the campus to fund mental health stigma reduction activities.\n(E) The ability of the campus to provide employees and students with education and training on early identification, intervention, and referral of students with mental health needs.\n(F) The ability of the campus to screen students receiving other health care services and provide linkages to services from the appropriate mental health provider based on the health insurance status of that student, for those students who are shown to have a need for services.\n(G) Evidence of an existing or planned partnership between the campus and the county behavioral health department to address complex mental health needs of students based on their health insurance status and based on the extent to which there are students whose needs cannot be met through their health plan, health insurance, or Medi-Cal.\n(H) Evidence of an existing or planned partnership between the campus and local safety net providers to ensure linkages to primary care and community-based mental health care, regardless of the health insurance status of the student.\n(4) Articulation of grant program goals and expected outcomes.\n(5) Required reporting and evaluation standards to be met by applicants that are selected for a grant award.\n(6) Timelines and deadlines for grant applications and anticipated funding award determinations.\n(b) Colleges, in collaboration with their local county behavioral health department, shall submit their grant application to the commission according to the guidelines adopted pursuant to subdivision (a).\n(c) To the extent that an application follows the guidelines adopted pursuant to subdivision (a) and specifically states what activities shall be undertaken in accordance with those guidelines, the commission shall have the authority to approve grant programs and shall award funding.\n(d) Grants may be awarded to a community college district in the California Community College system, a campus within the California State University system, or a campus within the University of California system, or a grouping of campuses within the segments.\n(e) Total available grant funding to colleges by segment shall be proportional to the number of students served by that segment but, in no case shall the commission award more than five million dollars ($5,000,000) per campus, per application.\n(f) Grants shall only be awarded to a campus or campuses that can show a dollar-for-dollar match of funds or another match to be determined by the commission, in consultation with the applicant, based on resources and existing mental health needs of students from the campus or campuses. Matching funds can include in-kind funds, student health fee funds after notification to the student association, and other appropriate funds as determined by the commission and pursuant to the guidelines adopted pursuant to subdivision (a).\n(g) Grants shall be awarded to applicants on a competitive basis based on their ability to meet the application standards and prioritization of these standards as determined by the commission through the development of the RFA guidelines adopted pursuant to subdivision (a).\n(h) Individual grant award allocations shall be expended over at least one year but not to exceed three years, as determined by the commission through the grant award process.\n(i) Administrative costs associated with administering an approved program shall be limited to 5 percent of the total grant amount for any grantee. Administrative costs incurred by the commission to administer this program shall not exceed 5 percent of the total funds annually.\n(j) The funding provided pursuant to this part shall not be used to supplant existing campus, state, or county funds utilized to provide mental health services.\n(k) The commission shall provide technical assistance to smaller colleges and county behavioral health departments upon request during the application process to ensure equitable distribution of the grant award.\n5832.3.\n(a) Community colleges, campuses in the California State University, and campuses in the University of California system that have been awarded grants pursuant to this part shall report annually on the use of grant funds to the commission and post the annual report on the use of the funds on their Internet Web sites. This report shall include, but not be limited to, all of the following:\n(1) How grant funds and matching funds are being used.\n(2) Available evaluation data, including outcomes of the campus mental health programs funded pursuant to the grant program.\n(3) Program information regarding services being offered and the number of individuals being served.\n(4) Plans for sustainability of mental health programming beyond the funding from this part.\n(b) The campuses shall electronically submit the reports required pursuant to subdivision (a), annually, to the appropriate Chancellor\u2019s offices and the University of California Office of the President.\n5832.4.\n(a)  Upon an appropriation of funds for the purposes of this section, the commission shall contract with a public or private research university or institute in this state to evaluate the program. The commission shall develop the research design and issue a request for proposal for a contract for the evaluation, with the assistance of the Department of Finance. The commission shall develop an evaluation plan to assess the impact of the program.\n(b) The commission shall submit the final research design and request for proposal required by subdivision (a) to the chairperson of the Joint Legislative Budget Committee no more 30 days prior to executing a contract for the evaluation.\n(c) The commission, in compliance with Section 9795 of the Government Code, shall submit the evaluation established in subdivision (a) to the Legislature by February 1, 2019, and annually thereafter by no later than February 1 of each year, evaluating the impact of the program and providing recommendations for further implementation. The commission shall make the report available to the public and shall post the report on its Internet Web site. The report shall include, but not be limited to, the following:\n(1) A financial accounting of all funds awarded, disbursed to grant recipients, and remaining to be allocated.\n(2) Available evaluation data, including outcomes of the mental health programs funded pursuant to the grant program.\n(3) Program information regarding services being offered and the number of individuals being served.\n(4) Plans for sustainability of mental health programming beyond the funding from the grant program.\n(5) A financial accounting of all administrative expenditures by the commission.\n5832.5.\nThis part 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.","title":""}
{"_id":"c153","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 14211 of the Unemployment Insurance Code is amended to read:\n14211.\n(a) (1) Beginning program year 2012, an amount equal to at least 25 percent of funds available under Title I of the federal Workforce Innovation and Opportunity Act of 2014 (Public Law 113-128) provided to local workforce investment boards for adults and dislocated workers shall be spent on workforce training programs. This minimum may be met either by spending 25 percent of those base formula funds on training or by combining a portion of those base formula funds with leveraged funds as specified in subdivision (b).\n(2) Beginning program year 2016, an amount equal to at least 30 percent of funds available under Title I of the federal Workforce Innovation and Opportunity Act of 2014 (Public Law 113-128) provided to local workforce development boards for adults and dislocated workers shall be spent on workforce training programs. This minimum may be met either by spending 30 percent of those base formula funds on training or by combining a portion of those base formula funds with leveraged funds as specified in subdivision (b).\n(3) Except as provided in subdivision (b), expenditures that shall count toward the minimum percentage of funds shall include only training services as defined in Section 3174(c)(3)(D) of Title 29 of the United States Code and the corresponding sections of the Code of Federal Regulations, including all of the following:\n(A) Occupational skills training, including training for nontraditional employment.\n(B) On-the-job training.\n(C) Programs that combine workplace training with related instruction, which may include cooperative education programs.\n(D) Training programs operated by the private sector.\n(E)\nSkill\nSkills\nupgrading and retraining.\n(F) Entrepreneurial training.\n(G) Incumbent worker training in accordance with Section 3174(d)(4) of Title 29 of the United States Code.\n(H) Transitional jobs in accordance with Section 3174(d)(5) of Title 29 of the United States Code.\n(I) Job readiness training provided in combination with any of the services described in subparagraphs (A) to (H), inclusive.\n(J) Adult education and literacy activities provided in combination with services described in any of subparagraphs (A) to (G), inclusive.\n(K) Customized training conducted with a commitment by an employer or group of employers to employ an individual upon successful completion of the training.\n(b) (1) Local workforce development boards may receive a credit of up to 10 percent of their adult and dislocated worker formula fund base allocations for public education and training funds and private resources from industry and from joint labor-management trusts that are leveraged by a local workforce development board for training services described in paragraph (3) of subdivision (a). This credit may be applied toward the minimum training requirements in paragraphs (1) and (2) of subdivision (a).\n(A) Leveraged funds that may be applied toward the credit allowed by this subdivision shall include the following:\n(i) Federal Pell Grants established under Title IV of the federal Higher Education Act of 1965 (20 U.S.C. Sec. 1070 et seq.).\n(ii) Programs authorized by the federal Workforce Innovation and Opportunity Act of 2014 (Public Law 113-128).\n(iii) Trade adjustment assistance.\n(iv) Department of Labor National Emergency Grants.\n(v) Match funds from employers, industry, and industry associations.\n(vi) Match funds from joint labor-management trusts.\n(vii) Employment training panel grants.\n(viii) Supportive services as defined by the federal Workforce Innovation and Opportunity Act of 2014 (Public Law 113-128) and the corresponding sections of the Code of Federal Regulations, but only for those individuals enrolled in training services, as defined in Section 3174(c)(3)(D) of Title 29 of the United States Code and the corresponding sections of the Code of Federal Regulations.\n(ix) Temporary Assistance for Needy Families (TANF) funds spent on supportive services, as defined by the federal Workforce Innovation and Opportunity Act of 2014 (Public Law 113-128) and the corresponding sections of the Code of Federal Regulations, for TANF enrolled individuals coenrolled in and receiving training services through the federal Workforce Innovation and Opportunity Act of 2014.\n(x) Temporary Assistance for Needy Families (TANF) funds spent on transitional and subsidized employment for TANF enrolled individuals coenrolled in and receiving training services through the federal Workforce Innovation and Opportunity Act of 2014.\n(xi) Any other local, state, or federal funds spent on training or supportive services for individuals enrolled in training provided the individuals receiving the training are enrolled in the federal Workforce Innovation and Opportunity Act of 2014 for performance reporting and tracking purposes.\n(xii) With the approval of the state board, any other public or private funds source not identified in this subparagraph that is used to provide training or supportive services for individuals who are also enrolled in training provided the individuals receiving the relevant services are enrolled in the federal Workforce Innovation and Opportunity Act of 2014 for performance reporting and tracking purposes.\n(B) Credit for leveraged funds shall only be given if the local workforce development board keeps records of all training and supportive services expenditures it chooses to apply to the credit. Training and supportive services expenditures may only be applied to the credit if the relevant costs can be independently verified by the Employment Development Department and, without exception, training participants must be coenrolled in the federal Workforce Innovation and Opportunity Act of 2014 performance monitoring system.\n(2) The use of leveraged funds to partially meet the training requirements specified in paragraphs (1) and (2) of subdivision (a) is the prerogative of a local workforce development board. Costs arising from the recordkeeping required to demonstrate compliance with the leveraging requirements of this subdivision are the responsibility of the local board.\n(c) Beginning program year 2012, the Employment Development Department shall calculate for each local workforce development board, within six months after the end of the second program year of the two-year period of availability for expenditure of federal Workforce Innovation and Opportunity Act of 2014 funds, whether the local workforce development board met the requirements of subdivision (a). The Employment Development Department shall provide to each local workforce development board its individual calculations with respect to the expenditure requirements of subdivision (a).\n(d) A local workforce development area that does not meet the requirements of subdivision (a) shall submit a corrective action plan to the Employment Development Department that provides reasons for not meeting the requirements and describes actions taken to address the identified expenditure deficiencies. A local workforce development area shall provide a corrective action plan to the Employment Development Department pursuant to this section within 90 days of receiving the calculations described in subdivision (c).\n(e) For the purpose of this section, \u201cprogram year\u201d has the same meaning as provided in Section 667.100 of Title 20 of the Code of Federal Regulations.\nSEC. 2.\nThis 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:\nMaking these changes to the training mandate immediately ensures that they are enacted before the local workforce development boards are required to submit their local and regional plans, due March 2017. Timely submission of these plans is critical to the provision of services that provide access to job, skill development, and business services vital to the social and economic well-being of communities in the state.","title":""}
{"_id":"c390","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 786 of the Welfare and Institutions Code is amended to read:\n786.\n(a) If the minor satisfactorily completes (1) an informal program of supervision pursuant to Section 654.2, (2) probation under Section 725, or (3) a term of probation served after a finding that the minor was a ward pursuant to Section 602 for any offense not listed in subdivision (b) of Section 707, the court shall order the petition dismissed, and the arrest shall be deemed not to have occurred.\n(b) (1) The court shall order sealed all records pertaining to that dismissed petition in the custody of the juvenile court.\n(2) The prosecuting attorney and the probation department of any county shall have access to the records after they are sealed for the limited purpose of determining whether the minor is eligible for deferred entry of judgment pursuant to Section 790 or ineligible for informal supervision pursuant to Section 654.3.\n(3) If a new petition has been filed against the minor for a felony offense, the probation department of any county shall have access to the records for the limited purpose of identifying the minor\u2019s previous court-ordered programs or placements, and in that event solely to determine the individual\u2019s eligibility or suitability for remedial programs or services. The information obtained pursuant to this paragraph shall not be disseminated to other agencies or individuals, except as necessary to implement a referral to a remedial program or service, and shall not be used to support the imposition of penalties, detention, or other sanctions upon the minor.\n(4) The court may access a file that has been sealed pursuant to this section for the limited purpose of verifying the prior jurisdictional status of a ward who is petitioning the court to resume its jurisdiction pursuant to subdivision (e) of Section 388.\n(5) The probation department of any county may access the records for the limited purpose of meeting federal Title IV-B and Title IV-E compliance.\n(6) (A) Notwithstanding any other law, a record sealed pursuant to Section 781 and this section may be accessed by a law enforcement agency, probation department, court, or other local agency that has custody of the sealed record for the limited purpose of complying with data collection or data reporting requirements that are imposed by other law subject to subparagraph (B).\n(B) Personally identifying information from a sealed record accessed under this paragraph shall not be released, disseminated, or published by or through a law enforcement agency, probation department, court, or other local agency.\n(c) The access authorizations described in subdivision (b) shall not be deemed an unsealing of the record and shall not require notice to any other entity.\n(d) (1) This section does not prohibit a court from enforcing a civil judgment for an unfulfilled order of restitution obtained pursuant to Section 730.6. A minor is not relieved from the obligation to pay victim restitution, a restitution fine, or court-ordered fines and fees or any combination thereof, because the minor\u2019s records are sealed.\n(2) A victim or local collection program may continue to enforce victim restitution orders, restitution fines, and court-ordered fines and fees after a record is sealed. The juvenile court shall have access to any records sealed pursuant to this section for the limited purpose of enforcing a civil judgment or restitution order.\n(e) This section does not prohibit the Department of Social Services from meeting its obligations to monitor and conduct periodic evaluations of, and provide reports on, the programs carried under federal Title IV-B and Title IV-E as required by Sections 622, 629 et seq., and 671(a)(7) and (22) of Title 42 of the United States Code, as implemented by federal regulation and state statute.\nSEC. 1.5.\nSection 786 of the Welfare and Institutions Code is amended to read:\n786.\n(a) If a minor satisfactorily completes (1) an informal program of supervision pursuant to Section 654.2, (2) probation under Section 725, or (3) a term of probation for any offense, the court shall order the petition dismissed. The court shall order sealed all records pertaining to that dismissed petition in the custody of the juvenile court, and in the custody of law enforcement agencies, the probation department, or the Department of Justice. The court shall send a copy of the order to each agency and official named in the order, direct the agency or official to seal its records, and specify a date by which the sealed records shall be destroyed. Each agency and official named in the order shall seal the records in its custody as directed by the order, shall advise the court of its compliance, and, after advising the court, shall seal the copy of the court\u2019s order that was received. The court shall also provide notice to the minor and minor\u2019s counsel that it has ordered the petition dismissed and the records sealed in the case. The notice shall include an advisement of the minor\u2019s right to nondisclosure of the arrest and proceedings, as specified in subdivision (b).\n(b) Upon the court\u2019s order of dismissal of the petition, the arrest and other proceedings in the case shall be deemed not to have occurred and the person who was the subject of the petition may reply accordingly to any inquiry by employers, educational institutions, or other persons or entities regarding the arrest and proceedings in the case.\n(c) (1) For purposes of this section, satisfactory completion of an informal program of supervision or another term of probation described in subdivision (a) shall be deemed to have occurred if the person has no new findings of wardship or conviction for a felony offense or a misdemeanor involving moral turpitude during the period of supervision or probation and if he or she has not failed to substantially comply with the reasonable orders of supervision or probation that are within his or her capacity to perform. The period of supervision or probation shall not be extended solely for the purpose of deferring or delaying eligibility for dismissal of the petition and sealing of the records under this section.\n(2) An unfulfilled order or condition of restitution, including a restitution fine that can be converted to a civil judgment under Section 730.6 or an unpaid restitution fee shall not be deemed to constitute unsatisfactory completion of supervision or probation under this section.\n(d) A court shall not seal a record or dismiss a petition pursuant to this section if the petition was sustained based on the commission of an offense listed in subdivision (b) of Section 707 that was committed when the individual was 14 years of age or older unless the finding on that offense was dismissed or was reduced to a lesser offense that is not listed in subdivision (b) of Section 707.\n(e) (1) The court may, in making its order to seal the record and dismiss the instant petition pursuant to this section, include an order to seal a record relating to, or to dismiss, any prior petition or petitions that have been filed or sustained against the individual and that appear to the satisfaction of the court to meet the sealing and dismissal criteria otherwise described in this section.\n(2) An individual who has a record that is eligible to be sealed under this section may ask the court to order the sealing of a record pertaining to the case that is in the custody of a public agency other than a law enforcement agency, the probation department, or the Department of Justice, and the court may grant the request and order that the public agency record be sealed if the court determines that sealing the additional record will promote the successful reentry and rehabilitation of the individual.\n(f) (1) A record that has been ordered sealed by the court under this section may be accessed, inspected, or utilized only under any of the following circumstances:\n(A) By the prosecuting attorney, the probation department, or the court for the limited purpose of determining whether the minor is eligible and suitable for deferred entry of judgment pursuant to Section 790 or is ineligible for a program of supervision as defined in Section 654.3.\n(B) By the court for the limited purpose of verifying the prior jurisdictional status of a ward who is petitioning the court to resume its jurisdiction pursuant to subdivision (e) of Section 388.\n(C) If a new petition has been filed against the minor for a felony offense, by the probation department for the limited purpose of identifying the minor\u2019s previous court-ordered programs or placements, and in that event solely to determine the individual\u2019s eligibility or suitability for remedial programs or services. The information obtained pursuant to this subparagraph shall not be disseminated to other agencies or individuals, except as necessary to implement a referral to a remedial program or service, and shall not be used to support the imposition of penalties, detention, or other sanctions upon the minor.\n(D) Upon a subsequent adjudication of a minor whose record has been sealed under this section and a finding that the minor is a person described by Section 602 based on the commission of a felony offense, by the probation department, the prosecuting attorney, counsel for the minor, or the court for the limited purpose of determining an appropriate juvenile court disposition. Access, inspection, or use of a sealed record as provided under this subparagraph shall not be construed as a reversal or modification of the court\u2019s order dismissing the petition and sealing record in the prior case.\n(E) Upon the prosecuting attorney\u2019s motion, made in accordance with Section 707, to initiate court proceedings to determine the minor\u2019s fitness to be dealt with under the juvenile court law, by the probation department, the prosecuting attorney, counsel for the minor, or the court for the limited purpose of evaluating and determining the minor\u2019s fitness to be dealt with under the juvenile court law. Access, inspection, or use of a sealed record as provided under this subparagraph shall not be construed as a reversal or modification of the court\u2019s order dismissing the petition and sealing the record in the prior case.\n(F) By the person whose record has been sealed, upon his or her request and petition to the court to permit inspection of the records.\n(G) The probation department of any county may access the records for the limited purpose of meeting federal Title IV-B and Title IV-E compliance.\n(2) Access to, or inspection of, a sealed record authorized by paragraph (1) shall not be deemed an unsealing of the record and shall not require notice to any other agency.\n(g) (1) This section does not prohibit a court from enforcing a civil judgment for an unfulfilled order of restitution ordered pursuant to Section 730.6. A minor is not relieved from the obligation to pay victim restitution, restitution fines, and court-ordered fines and fees because the minor\u2019s records are sealed.\n(2) A victim or a local collection program may continue to enforce victim restitution orders, restitution fines, and court-ordered fines and fees after a record is sealed. The juvenile court shall have access to any records sealed pursuant to this section for the limited purpose of enforcing a civil judgment or restitution order.\n(h) This section does not prohibit the Department of Social Services from meeting its obligations to monitor and conduct periodic evaluations of, and provide reports on, the programs carried under federal Title IV-B and Title IV-E as required by Sections 622, 629 et seq., and 671(a)(7) and (22) of Title 42 of the United States Code, as implemented by federal regulation and state statute.\n(i) The Judicial Council shall adopt rules of court, and shall make available appropriate forms, providing for the standardized implementation of this section by the juvenile courts.\nSEC. 2.\nSection 1.5 of this bill incorporates amendments to Section 786 of the Welfare and Institutions Code proposed by both this bill and Assembly Bill 666. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 786 of the Welfare and Institutions Code, and (3) this bill is enacted after Assembly Bill 666, in which case Section 1 of this bill shall not become operative.","title":""}
{"_id":"c288","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 35551 of the Vehicle Code is amended to read:\n35551.\n(a) Except as otherwise provided in this section or Section 35551.5, the total gross weight in pounds imposed on the highway by\nany\na\ngroup of two or more consecutive axles shall not exceed that given for the respective distance in the following table:\nDistance in feet between\nthe extremes of any group\nof 2 or more consecutive\naxles\n2 axles\n3 axles\n4 axles\n5 axles\n6 axles\n4  ........................\n34,000\n34,000\n34,000\n34,000\n34,000\n5  ........................\n34,000\n34,000\n34,000\n34,000\n34,000\n6  ........................\n34,000\n34,000\n34,000\n34,000\n34,000\n7  ........................\n34,000\n34,000\n34,000\n34,000\n34,000\n8  ........................\n34,000\n34,000\n34,000\n34,000\n34,000\n9 ........................\n39,000\n42,500\n42,500\n42,500\n42,500\n10  ........................\n40,000\n43,500\n43,500\n43,500\n43,500\n11  ........................\n40,000\n44,000\n44,000\n44,000\n44,000\n12  ........................\n40,000\n45,000\n50,000\n50,000\n50,000\n13  ........................\n40,000\n45,500\n50,500\n50,500\n50,500\n14  ........................\n40,000\n46,500\n51,500\n51,500\n51,500\n15  ........................\n40,000\n47,000\n52,000\n52,000\n52,000\n16  ........................\n40,000\n48,000\n52,500\n52,500\n52,500\n17  ........................\n40,000\n48,500\n53,500\n53,500\n53,500\n18  ........................\n40,000\n49,500\n54,000\n54,000\n54,000\n19  ........................\n40,000\n50,000\n54,500\n54,500\n54,500\n20  ........................\n40,000\n51,000\n55,500\n55,500\n55,500\n21  ........................\n40,000\n51,500\n56,000\n56,000\n56,000\n22  ........................\n40,000\n52,500\n56,500\n56,500\n56,500\n23  ........................\n40,000\n53,000\n57,500\n57,500\n57,500\n24  ........................\n40,000\n54,000\n58,000\n58,000\n58,000\n25  ........................\n40,000\n54,500\n58,500\n58,500\n58,500\n26  ........................\n40,000\n55,500\n59,500\n59,500\n59,500\n27  ........................\n40,000\n56,000\n60,000\n60,000\n60,000\n28  ........................\n40,000\n57,000\n60,500\n60,500\n60,500\n29  ........................\n40,000\n57,500\n61,500\n61,500\n61,500\n30  ........................\n40,000\n58,500\n62,000\n62,000\n62,000\n31  ........................\n40,000\n59,000\n62,500\n62,500\n62,500\n32  ........................\n40,000\n60,000\n63,500\n63,500\n63,500\n33  ........................\n40,000\n60,000\n64,000\n64,000\n64,000\n34  ........................\n40,000\n60,000\n64,500\n64,500\n64,500\n35  ........................\n40,000\n60,000\n65,500\n65,500\n65,500\n36  ........................\n40,000\n60,000\n66,000\n66,000\n66,000\n37  ........................\n40,000\n60,000\n66,500\n66,500\n66,500\n38  ........................\n40,000\n60,000\n67,500\n67,500\n67,500\n39  ........................\n40,000\n60,000\n68,000\n68,000\n68,000\n40  ........................\n40,000\n60,000\n68,500\n70,000\n70,000\n41  ........................\n40,000\n60,000\n69,500\n72,000\n72,000\n42  ........................\n40,000\n60,000\n70,000\n73,280\n73,280\n43  ........................\n40,000\n60,000\n70,500\n73,280\n73,280\n44  ........................\n40,000\n60,000\n71,500\n73,280\n73,280\n45  ........................\n40,000\n60,000\n72,000\n76,000\n80,000\n46  ........................\n40,000\n60,000\n72,500\n76,500\n80,000\n47  ........................\n40,000\n60,000\n73,500\n77,500\n80,000\n48  ........................\n40,000\n60,000\n74,000\n78,000\n80,000\n49  ........................\n40,000\n60,000\n74,500\n78,500\n80,000\n50  ........................\n40,000\n60,000\n75,500\n79,000\n80,000\n51  ........................\n40,000\n60,000\n76,000\n80,000\n80,000\n52  ........................\n40,000\n60,000\n76,500\n80,000\n80,000\n53  ........................\n40,000\n60,000\n77,500\n80,000\n80,000\n54  ........................\n40,000\n60,000\n78,000\n80,000\n80,000\n55  ........................\n40,000\n60,000\n78,500\n80,000\n80,000\n56  ........................\n40,000\n60,000\n79,500\n80,000\n80,000\n57  ........................\n40,000\n60,000\n80,000\n80,000\n80,000\n58  ........................\n40,000\n60,000\n80,000\n80,000\n80,000\n59  ........................\n40,000\n60,000\n80,000\n80,000\n80,000\n60  ........................\n40,000\n60,000\n80,000\n80,000\n80,000\n(b) In addition to the weights specified in subdivision (a), two consecutive sets of tandem axles may carry a gross weight of 34,000 pounds each if the overall distance between the first and last axles of the consecutive sets of tandem axles is 36 feet or more. The gross weight of each set of tandem axles shall not exceed 34,000 pounds\n,\nand the gross weight of the two consecutive sets of tandem axles shall not exceed 68,000 pounds.\n(c) The distance between axles shall be measured to the nearest whole foot. When a fraction is exactly six inches, the next larger whole foot shall be used.\n(d) Nothing contained in this section shall affect the right to prohibit the use of any highway\nor any\n,\nbridge\n,\nor other structure thereon in the manner and to the extent specified in Article 4 (commencing with Section 35700) and Article 5 (commencing with Section 35750) of this chapter.\n(e) The gross weight limits expressed by this section and Section 35550 shall include all enforcement tolerances.","title":""}
{"_id":"c168","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 1560 of the Evidence Code is amended to read:\n1560.\n(a) As used in this article:\n(1) \u201cBusiness\u201d includes every kind of business described in Section 1270.\n(2) \u201cRecord\u201d includes every kind of record maintained by a business.\n(b) Except as provided in Section 1564, when a subpoena duces tecum is served upon the custodian of records or other qualified witness of a business in an action in which the business is neither a party nor the place where any cause of action is alleged to have arisen, and the subpoena requires the production of all or any part of the records of the business, it is sufficient compliance therewith if the custodian or other qualified witness delivers by mail or otherwise a true, legible, and durable copy of all of the records described in the subpoena to the clerk of the court or to another person described in subdivision (d) of Section 2026.010 of the Code of Civil Procedure, together with the affidavit described in Section 1561, within one of the following time periods:\n(1) In any criminal action, five days after the receipt of the subpoena.\n(2) In any civil action, within 15 days after the receipt of the subpoena.\n(3) Within the time agreed upon by the party who served the subpoena and the custodian or other qualified witness.\n(c) The copy of the records shall be separately enclosed in an inner envelope or wrapper, sealed, with the title and number of the action, name of witness, and date of subpoena clearly inscribed thereon; the sealed envelope or wrapper shall then be enclosed in an outer envelope or wrapper, sealed, and directed as follows:\n(1) If the subpoena directs attendance in court, to the clerk of the court.\n(2) If the subpoena directs attendance at a deposition, to the officer before whom the deposition is to be taken, at the place designated in the subpoena for the taking of the deposition or at the officer\u2019s place of business.\n(3) In other cases, to the officer, body, or tribunal conducting the hearing, at a like address.\n(d) Unless the parties to the proceeding otherwise agree, or unless the sealed envelope or wrapper is returned to a witness who is to appear personally, the copy of the records shall remain sealed and shall be opened only at the time of trial, deposition, or other hearing, upon the direction of the judge, officer, body, or tribunal conducting the proceeding, in the presence of all parties who have appeared in person or by counsel at the trial, deposition, or hearing. Records that are original documents and that are not introduced in evidence or required as part of the record shall be returned to the person or entity from whom received. Records that are copies may be destroyed.\n(e) As an alternative to the procedures described in subdivisions (b), (c), and (d), the subpoenaing party in a civil action may direct the witness to make the records available for inspection or copying by the party\u2019s attorney, the attorney\u2019s representative, or deposition officer as described in Section 2020.420 of the Code of Civil Procedure, at the witness\u2019 business address under reasonable conditions during normal business hours. Normal business hours, as used in this subdivision, means those hours that the business of the witness is normally open for business to the public. When provided with at least five business days\u2019 advance notice by the party\u2019s attorney, attorney\u2019s representative, or deposition officer, the witness shall designate a time period of not less than six continuous hours on a date certain for copying of records subject to the subpoena by the party\u2019s attorney, attorney\u2019s representative, or deposition officer. It shall be the responsibility of the attorney\u2019s representative to deliver any copy of the records as directed in the subpoena. Disobedience to the deposition subpoena issued pursuant to this subdivision is punishable as provided in Section 2020.240 of the Code of Civil Procedure.\n(f) If a search warrant for business records is served upon the custodian of records or other qualified witness of a business in compliance with Section 1524 of the Penal Code regarding a criminal investigation in which the business is neither a party nor the place where any crime is alleged to have occurred, and the search warrant provides that the warrant will be deemed executed if the business causes the delivery of records described in the warrant to the law enforcement agency ordered to execute the warrant, it is sufficient compliance therewith if the custodian or other qualified witness delivers by mail or otherwise a true, legible, and durable copy of all of the records described in the search warrant to the law enforcement agency ordered to execute the search warrant, together with the affidavit described in Section 1561, within five days after the receipt of the search warrant or within such other time as is set forth in the warrant. This subdivision does not abridge or limit the scope of search warrant procedures set forth in Chapter 3 (commencing with Section 1523) of Title 12 of Part 2 of the Penal Code or invalidate otherwise duly executed search warrants.\nSEC. 2.\nSection 1561 of the Evidence Code is amended to read:\n1561.\n(a) The records shall be accompanied by the affidavit of the custodian or other qualified witness, stating in substance each of the following:\n(1) The affiant is the duly authorized custodian of the records or other qualified witness and has authority to certify the records.\n(2) The copy is a true copy of all the records described in the subpoena duces tecum or search warrant, or pursuant to subdivision (e) of Section 1560, the records were delivered to the attorney, the attorney\u2019s representative, or deposition officer for copying at the custodian\u2019s or witness\u2019 place of business, as the case may be.\n(3) The records were prepared by the personnel of the business in the ordinary course of business at or near the time of the act, condition, or event.\n(4) The identity of the records.\n(5) A description of the mode of preparation of the records.\n(b) If the business has none of the records described, or only part thereof, the custodian or other qualified witness shall so state in the affidavit, and deliver the affidavit and those records that are available in one of the manners provided in Section 1560.\n(c) If the records described in the subpoena were delivered to the attorney or his or her representative or deposition officer for copying at the custodian\u2019s or witness\u2019 place of business, in addition to the affidavit required by subdivision (a), the records shall be accompanied by an affidavit by the attorney or his or her representative or deposition officer stating that the copy is a true copy of all the records delivered to the attorney or his or her representative or deposition officer for copying.\nSEC. 3.\nSection 1563 of the Evidence Code is amended to read:\n1563.\n(a) This article does not require tender or payment of more than one witness fee and one mileage fee or other charge, to a witness or witness\u2019 business, unless there is an agreement to the contrary between the witness and the requesting party.\n(b) All reasonable costs incurred in a civil proceeding by a witness who is not a party with respect to the production of all or any part of business records requested pursuant to a subpoena duces tecum shall be charged against the party serving the subpoena duces tecum.\n(1) \u201cReasonable costs,\u201d as used in this section, includes, but is not limited to, the following specific costs: ten cents ($0.10) per page for standard reproduction of documents of a size 8\n1\/2\nby 14 inches or less; twenty cents ($0.20) per page for copying of documents from microfilm; actual costs for the reproduction of oversize documents or the reproduction of documents requiring special processing which are made in response to a subpoena; reasonable clerical costs incurred in locating and making the records available to be billed at the maximum rate of twenty-four dollars ($24) per hour per person, computed on the basis of six dollars ($6) per quarter hour or fraction thereof; actual postage charges; and the actual cost, if any, charged to the witness by a third person for the retrieval and return of records held offsite by that third person.\n(2) The requesting party, or the requesting party\u2019s deposition officer, shall not be required to pay the reasonable costs or any estimate thereof before the records are available for delivery pursuant to the subpoena, but the witness may demand payment of costs pursuant to this section simultaneous with actual delivery of the subpoenaed records, and until payment is made, the witness is under no obligation to deliver the records.\n(3) The witness shall submit an itemized statement for the costs to the requesting party, or the requesting party\u2019s deposition officer, setting forth the reproduction and clerical costs incurred by the witness. If the costs exceed those authorized in paragraph (1), or if the witness refuses to produce an itemized statement of costs as required by paragraph (3), upon demand by the requesting party, or the requesting party\u2019s deposition officer, the witness shall furnish a statement setting forth the actions taken by the witness in justification of the costs.\n(4) The requesting party may petition the court in which the action is pending to recover from the witness all or a part of the costs paid to the witness, or to reduce all or a part of the costs charged by the witness, pursuant to this subdivision, on the grounds that those costs were excessive. Upon the filing of the petition the court shall issue an order to show cause and from the time the order is served on the witness the court has jurisdiction over the witness. The court may hear testimony on the order to show cause and if it finds that the costs demanded and collected, or charged but not collected, exceed the amount authorized by this subdivision, it shall order the witness to remit to the requesting party, or reduce its charge to the requesting party by an amount equal to, the amount of the excess. If the court finds the costs were excessive and charged in bad faith by the witness, the court shall order the witness to remit the full amount of the costs demanded and collected, or excuse the requesting party from any payment of costs charged but not collected, and the court shall also order the witness to pay the requesting party the amount of the reasonable expenses incurred in obtaining the order, including attorney\u2019s fees. If the court finds the costs were not excessive, the court shall order the requesting party to pay the witness the amount of the reasonable expenses incurred in defending the petition, including attorney\u2019s fees.\n(5) If a subpoena is served to compel the production of business records and is subsequently withdrawn, or is quashed, modified, or limited on a motion made other than by the witness, the witness shall be entitled to reimbursement pursuant to paragraph (1) for all reasonable costs incurred in compliance with the subpoena to the time that the requesting party has notified the witness that the subpoena has been withdrawn or quashed, modified, or limited. If the subpoena is withdrawn or quashed, if those costs are not paid within 30 days after demand therefor, the witness may file a motion in the court in which the action is pending for an order requiring payment, and the court shall award the payment of expenses and attorney\u2019s fees in the manner set forth in paragraph (4).\n(6) If records requested pursuant to a subpoena duces tecum are delivered to the attorney, the attorney\u2019s representative, or the deposition officer for inspection or photocopying at the witness\u2019 place of business, the only fee for complying with the subpoena shall not exceed fifteen dollars ($15), plus the actual cost, if any, charged to the witness by a third person for retrieval and return of records held offsite by that third person. If the records are retrieved from microfilm, the reasonable costs, as defined in paragraph (1), applies.\n(c) If the personal attendance of the custodian of a record or other qualified witness is required pursuant to Section 1564, in a civil proceeding, he or she shall be entitled to the same witness fees and mileage permitted in a case where the subpoena requires the witness to attend and testify before a court in which the action or proceeding is pending and to any additional costs incurred as provided by subdivision (b).","title":""}
{"_id":"c183","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 1793.2 of the Civil Code is amended to read:\n1793.2.\n(a) Every manufacturer of consumer goods sold in this state and for which the manufacturer has made an express warranty shall:\n(1) (A) Maintain in this state sufficient service and repair facilities reasonably close to all areas where its consumer goods are sold to carry out the terms of those warranties or designate and authorize in this state as service and repair facilities independent repair or service facilities reasonably close to all areas where its consumer goods are sold to carry out the terms of the warranties.\n(B) As a means of complying with this paragraph, a manufacturer may enter into warranty service contracts with independent service and repair facilities. The warranty service contracts may provide for a fixed schedule of rates to be charged for warranty service or warranty repair work. However, the rates fixed by those contracts shall be in conformity with the requirements of subdivision (c) of Section 1793.3. The rates established pursuant to subdivision (c) of Section 1793.3, between the manufacturer and the independent service and repair facility, do not preclude a good faith discount that is reasonably related to reduced credit and general overhead cost factors arising from the manufacturer\u2019s payment of warranty charges direct to the independent service and repair facility. The warranty service contracts authorized by this paragraph may not be executed to cover a period of time in excess of one year, and may be renewed only by a separate, new contract or letter of agreement between the manufacturer and the independent service and repair facility.\n(2) In the event of a failure to comply with paragraph (1) of this subdivision, be subject to Section 1793.5.\n(3) Make available to authorized service and repair facilities sufficient service literature and replacement parts to effect repairs during the express warranty period.\n(b) Where those service and repair facilities are maintained in this state and service or repair of the goods is necessary because they do not conform with the applicable express warranties, service and repair shall be commenced within a reasonable time by the manufacturer or its representative in this state. Unless the buyer agrees in writing to the contrary, the goods shall be serviced or repaired so as to conform to the applicable warranties within 30 days. Delay caused by conditions beyond the control of the manufacturer or its representatives shall serve to extend this 30-day requirement. Where delay arises, conforming goods shall be tendered as soon as possible following termination of the condition giving rise to the delay.\n(c) The buyer shall deliver nonconforming goods to the manufacturer\u2019s service and repair facility within this state, unless, due to reasons of size and weight, or method of attachment, or method of installation, or nature of the nonconformity, delivery cannot reasonably be accomplished. If the buyer cannot return the nonconforming goods for any of these reasons, he or she shall notify the manufacturer or its nearest service and repair facility within the state. Written notice of nonconformity to the manufacturer or its service and repair facility shall constitute return of the goods for purposes of this section. Upon receipt of that notice of nonconformity, the manufacturer shall, at its option, service or repair the goods at the buyer\u2019s residence, or pick up the goods for service and repair, or arrange for transporting the goods to its service and repair facility. All reasonable costs of transporting the goods when a buyer cannot return them for any of the above reasons shall be at the manufacturer\u2019s expense. The reasonable costs of transporting nonconforming goods after delivery to the service and repair facility until return of the goods to the buyer shall be at the manufacturer\u2019s expense.\n(d) (1) Except as provided in paragraph (2), if the manufacturer or its representative in this state does not service or repair the goods to conform to the applicable express warranties after a reasonable number of attempts, the manufacturer shall either replace the goods or reimburse the buyer in an amount equal to the purchase price paid by the buyer, less that amount directly attributable to use by the buyer prior to the discovery of the nonconformity.\n(2) If the manufacturer or its representative in this state is unable to service or repair a new motor vehicle, as that term is defined in paragraph (2) of subdivision (e) of Section 1793.22, to conform to the applicable express warranties after a reasonable number of attempts, the manufacturer shall either promptly replace the new motor vehicle in accordance with subparagraph (A) or promptly make restitution to the buyer in accordance with subparagraph (B). However, the buyer shall be free to elect restitution in lieu of replacement, and in no event shall the buyer be required by the manufacturer to accept a replacement vehicle.\n(A) In the case of replacement, the manufacturer shall replace the buyer\u2019s vehicle with a new motor vehicle substantially identical to the vehicle replaced. The replacement vehicle shall be accompanied by all express and implied warranties that normally accompany new motor vehicles of that specific kind. The manufacturer also shall pay for, or to, the buyer the amount of any sales or use tax, license fees, registration fees, and other official fees which the buyer is obligated to pay in connection with the replacement, plus any incidental damages to which the buyer is entitled under Section 1794, including, but not limited to,\nthe lesser of\nreasonable repair, towing, and rental car costs\nand those costs\nactually incurred by the buyer.\n(B) In the case of restitution, the manufacturer shall make restitution in an amount equal to the actual price paid or payable by the buyer, including any charges for transportation and manufacturer-installed options, but excluding nonmanufacturer items installed by a dealer or the buyer, and including any collateral charges such as sales or use tax, license fees, registration fees, and other official fees, plus any incidental damages to which the buyer is entitled under Section 1794, including, but not limited to, reasonable repair, towing, and rental car costs actually incurred by the buyer.\n(C) When the manufacturer replaces the new motor vehicle pursuant to subparagraph (A), the buyer shall only be liable to pay the manufacturer an amount directly attributable to use by the buyer of the replaced vehicle prior to the time the buyer first delivered the vehicle to the manufacturer or distributor, or its authorized service and repair facility for correction of the problem that gave rise to the nonconformity. When restitution is made pursuant to subparagraph (B), the amount to be paid by the manufacturer to the buyer may be reduced by the manufacturer by that amount directly attributable to use by the buyer prior to the time the buyer first delivered the vehicle to the manufacturer or distributor, or its authorized service and repair facility for correction of the problem that gave rise to the nonconformity. The amount directly attributable to use by the buyer shall be determined by multiplying the actual price of the new motor vehicle paid or payable by the buyer, including any charges for transportation and manufacturer-installed options, by a fraction having as its denominator 120,000 and having as its numerator the number of miles traveled by the new motor vehicle prior to the time the buyer first delivered the vehicle to the manufacturer or distributor, or its authorized service and repair facility for correction of the problem that gave rise to the nonconformity. Nothing in this paragraph shall in any way limit the rights or remedies available to the buyer under any other law.\n(D) Pursuant to Section 1795.4, a buyer of a new motor vehicle shall also include a lessee of a new motor vehicle.\n(e) (1) If the goods cannot practicably be serviced or repaired by the manufacturer or its representative to conform to the applicable express warranties because of the method of installation or because the goods have become so affixed to real property as to become a part thereof, the manufacturer shall either replace and install the goods or reimburse the buyer in an amount equal to the purchase price paid by the buyer, including installation costs, less that amount directly attributable to use by the buyer prior to the discovery of the nonconformity.\n(2) With respect to claims arising out of deficiencies in the construction of a new residential dwelling, paragraph (1) shall not apply to either of the following:\n(A) A product that is not a manufactured product, as defined in subdivision (g) of Section 896.\n(B) A claim against a person or entity that is not the manufacturer that originally made the express warranty for that manufactured product.\nSECTION 1.\nSection 1793.22 of the\nCivil Code\nis amended to read:\n1793.22.\n(a)This section shall be known, and may be cited as, the Tanner Consumer Protection Act.\n(b)It shall be presumed that a reasonable number of attempts have been made to conform a new motor vehicle to the applicable express warranties if, within 18 months from delivery to the buyer or 18,000 miles on the odometer of the vehicle, whichever occurs first, one or more of the following conditions occur:\n(1)The same nonconformity results in a condition that is likely to cause death or serious bodily injury if the vehicle is driven and the nonconformity has been subject to repair two or more times by the manufacturer or its agents, and the buyer or lessee has at least once directly notified the manufacturer of the need for the repair of the nonconformity.\n(2)The same nonconformity has been subject to repair four or more times by the manufacturer or its agents and the buyer has at least once directly notified the manufacturer of the need for the repair of the nonconformity.\n(3)The vehicle is out of service by reason of repair of nonconformities by the manufacturer or its agents for a cumulative total of more than 30 calendar days since delivery of the vehicle to the buyer. The 30-day limit shall be extended only if repairs cannot be performed due to conditions beyond the control of the manufacturer or its agents. The buyer shall be required to directly notify the manufacturer pursuant to paragraphs (1) and (2) only if the manufacturer has clearly and conspicuously disclosed to the buyer, with the warranty or the owner\u2019s manual, the provisions of this section and that of subdivision (d) of Section 1793.2, including the requirement that the buyer must notify the manufacturer directly pursuant to paragraphs (1) and (2). The notification, if required, shall be sent to the address, if any, specified clearly and conspicuously by the manufacturer in the warranty or owner\u2019s manual. This presumption shall be a rebuttable presumption affecting the burden of proof, and it may be asserted by the buyer in any civil action, including an action in small claims court, or other formal or informal proceeding.\n(c)If a qualified third-party dispute resolution process exists, and the buyer receives timely notification in writing of the availability of that qualified third-party dispute resolution process with a description of its operation and effect, the presumption in subdivision (b) may not be asserted by the buyer until after the buyer has initially resorted to the qualified third-party dispute resolution process as required in subdivision (d). Notification of the availability of the qualified third-party dispute resolution process is not timely if the buyer suffers any prejudice resulting from any delay in giving the notification. If a qualified third-party dispute resolution process does not exist, or if the buyer is dissatisfied with that third-party decision, or if the manufacturer or its agent neglects to promptly fulfill the terms of the qualified third-party dispute resolution process decision after the decision is accepted by the buyer, the buyer may assert the presumption provided in subdivision (b) in an action to enforce the buyer\u2019s rights under subdivision (d) of Section 1793.2. The findings and decision of a qualified third-party dispute resolution process shall be admissible in evidence in the action without further foundation. Any period of limitation of actions under any federal or California laws with respect to any person shall be extended for a period equal to the number of days between the date a complaint is filed with a third-party dispute resolution process and the date of its decision or the date before which the manufacturer or its agent is required by the decision to fulfill its terms if the decision is accepted by the buyer, whichever occurs later.\n(d)A qualified third-party dispute resolution process shall be one that does all of the following:\n(1)Complies with the minimum requirements of the Federal Trade Commission for informal dispute settlement procedures as set forth in Part 703 of Title 16 of the Code of Federal Regulations, as those regulations read on January 1, 1987.\n(2)Renders decisions which are binding on the manufacturer if the buyer elects to accept the decision.\n(3)Prescribes a reasonable time, not to exceed 30 days after the decision is accepted by the buyer, within which the manufacturer or its agent must fulfill the terms of its decisions.\n(4)Provides arbitrators who are assigned to decide disputes with copies of, and instruction in, the provisions of the Federal Trade Commission\u2019s regulations in Part 703 of Title 16 of the Code of Federal Regulations as those regulations read on January 1, 1987, Division 2 (commencing with Section 2101) of the Commercial Code, and this chapter.\n(5)Requires the manufacturer, when the process orders, under the terms of this chapter, either that the nonconforming motor vehicle be replaced if the buyer consents to this remedy or that restitution be made to the buyer, to replace the motor vehicle or make restitution in accordance with paragraph (2) of subdivision (d) of Section 1793.2.\n(6)Provides, at the request of the arbitrator or a majority of the arbitration panel, for an inspection and written report on the condition of a nonconforming motor vehicle, at no cost to the buyer, by an automobile expert who is independent of the manufacturer.\n(7)Takes into account, in rendering decisions, all legal and equitable factors, including, but not limited to, the written warranty, the rights and remedies conferred in regulations of the Federal Trade Commission contained in Part 703 of Title 16 of the Code of Federal Regulations as those regulations read on January 1, 1987, Division 2 (commencing with Section 2101) of the Commercial Code, this chapter, and any other equitable considerations appropriate in the circumstances. Nothing in this chapter requires that, to be certified as a qualified third-party dispute resolution process pursuant to this section, decisions of the process must consider or provide remedies in the form of awards of punitive damages or multiple damages, under subdivision (c) of Section 1794, or of attorneys\u2019 fees under subdivision (d) of Section 1794, or of consequential damages other than as provided in subdivisions (a) and (b) of Section 1794, including, but not limited to, reasonable repair, towing, and rental car costs actually incurred by the buyer.\n(8)Requires that no arbitrator deciding a dispute may be a party to the dispute and that no other person, including an employee, agent, or dealer for the manufacturer, may be allowed to participate substantively in the merits of any dispute with the arbitrator unless the buyer is allowed to participate also. Nothing in this subdivision prohibits any member of an arbitration board from deciding a dispute.\n(9)Obtains and maintains certification by the Department of Consumer Affairs pursuant to Chapter 9 (commencing with Section 472) of Division 1 of the Business and Professions Code.\n(e)For the purposes of subdivision (d) of Section 1793.2 and this section, the following terms have the following meanings:\n(1)\u201cNonconformity\u201d means a nonconformity which substantially impairs the use, value, or safety of the new motor vehicle to the buyer or lessee.\n(2)\u201cNew motor vehicle\u201d means a new motor vehicle that is bought or used primarily for personal, family, or household purposes. \u201cNew motor vehicle\u201d also means a new motor vehicle with a gross vehicle weight under 10,000 pounds that is bought or used primarily for business purposes by a person, including a partnership, limited liability company, corporation, association, or any other legal entity, to which not more than five motor vehicles are registered in this state. \u201cNew motor vehicle\u201d includes the chassis, chassis cab, and that portion of a motor home devoted to its propulsion, but does not include any portion designed, used, or maintained primarily for human habitation, a dealer-owned vehicle and a \u201cdemonstrator\u201d or other motor vehicle sold with a manufacturer\u2019s new car warranty but does not include a motorcycle or a motor vehicle which is not registered under the Vehicle Code because it is to be operated or used exclusively off the highways. A demonstrator is a vehicle assigned by a dealer for the purpose of demonstrating qualities and characteristics common to vehicles of the same or similar model and type.\n(3)\u201cMotor home\u201d means a vehicular unit built on, or permanently attached to, a self-propelled motor vehicle chassis, chassis cab, or van, which becomes an integral part of the completed vehicle, designed for human habitation for recreational or emergency occupancy.\n(f)(1)Except as provided in paragraph (2), no person shall sell, either at wholesale or retail, lease, or transfer a motor vehicle transferred by a buyer or lessee to a manufacturer pursuant to paragraph (2) of subdivision (d) of Section 1793.2 or a similar statute of any other state, unless the nature of the nonconformity experienced by the original buyer or lessee is clearly and conspicuously disclosed to the prospective buyer, lessee, or transferee, the nonconformity is corrected, and the manufacturer warrants to the new buyer, lessee, or transferee in writing for a period of one year that the motor vehicle is free of that nonconformity.\n(2)Except for the requirement that the nature of the nonconformity be disclosed to the transferee, paragraph (1) does not apply to the transfer of a motor vehicle to an educational institution if the purpose of the transfer is to make the motor vehicle available for use in automotive repair courses.","title":""}
{"_id":"c79","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 10608.34 is added to the Water Code, to read:\n10608.34.\n(a) (1) On or before January 1, 2017, the department shall adopt rules for all of the following:\n(A) The conduct of standardized water loss audits by urban retail water suppliers in accordance with the method adopted by the American Water Works Association in the third edition of Water Audits and Loss Control Programs, Manual M36 and in the Free Water Audit Software, version 5.0.\n(B) The process for validating a water loss audit report prior to submitting the report to the department. For the purposes of this section, \u201cvalidating\u201d is a process whereby an urban retail water supplier uses a technical expert to confirm the basis of all data entries in the urban retail water supplier\u2019s water loss audit report and to appropriately characterize the quality of the reported data. The validation process shall follow the principles and terminology laid out by the American Water Works Association in the third edition of Water Audits and Loss Control Programs, Manual M36 and in the Free Water Audit Software, version 5.0. A validated water loss audit report shall include the name and technical qualifications of the person engaged for validation.\n(C) The technical qualifications required of a person to engage in validation, as described in subparagraph (B).\n(D) The certification requirements for a person selected by an urban retail water supplier to provide validation of its own water loss audit report.\n(E) The method of submitting a water loss audit report to the department.\n(2) The department shall update rules adopted pursuant to paragraph (1) no later than six months after the release of subsequent editions of the American Water Works Association\u2019s Water Audits and Loss Control Programs, Manual M36. Except as provided by the department, until the department adopts updated rules pursuant to this paragraph, an urban retail water supplier may rely upon a subsequent edition of the American Water Works Association\u2019s Water Audits and Loss Control Programs, Manual M36 or the Free Water Audit Software.\n(b) On or before October 1, 2017, and on or before October 1 of each year thereafter, each urban retail water supplier shall submit a completed and validated water loss audit report for the previous calendar year or the previous fiscal year as prescribed by the department pursuant to subdivision (a). Water loss audit reports submitted on or before October 1, 2017, may be completed and validated with assistance as described in subdivision (c).\n(c) Using funds available for the 2016\u201317 fiscal year, the board shall contribute up to four hundred thousand dollars ($400,000) towards procuring water loss audit report validation assistance for urban retail water suppliers.\n(d) Each water loss audit report submitted to the department shall be accompanied by information, in a form specified by the department, identifying steps taken in the preceding year to increase the validity of data entered into the final audit, reduce the volume of apparent losses, and reduce the volume of real losses.\n(e) At least one of the following employees of an urban retail water supplier shall attest to each water loss audit report submitted to the department:\n(1) The chief financial officer.\n(2) The chief engineer.\n(3) The general manager.\n(f) The department shall deem incomplete and return to the urban retail water supplier any final water loss audit report found by the department to be incomplete, not validated, unattested, or incongruent with known characteristics of water system operations. A water supplier shall resubmit a completed water loss audit report within 90 days of an audit being returned by the department.\n(g) The department shall post all validated water loss audit reports on its Internet Web site in a manner that allows for comparisons across water suppliers. The department shall make the validated water loss audit reports available for public viewing in a timely manner after their receipt.\n(h) Using available funds, the department shall provide technical assistance to guide urban retail water suppliers\u2019 water loss detection programs, including, but not limited to, metering techniques, pressure management techniques, condition-based assessment techniques for transmission and distribution pipelines, and utilization of portable and permanent water loss detection devices.\n(i) No earlier than January 1, 2019, and no later than July 1, 2020, the board shall adopt rules requiring urban retail water suppliers to meet performance standards for the volume of water losses. In adopting these rules, the board shall employ full life cycle cost accounting to evaluate the costs of meeting the performance standards. The board may consider establishing a minimum allowable water loss threshold that, if reached and maintained by an urban water supplier, would exempt the urban water supplier from further water loss reduction requirements.","title":""}
{"_id":"c178","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 17053.88 of the Revenue and Taxation Code is amended to read:\n17053.88.\n(a) In the case of a qualified taxpayer that donates to a food bank any qualified donation items that are accepted by that food bank located in California under Chapter 5 (commencing with Section 58501) of Part 1 of Division 21 of the Food and Agricultural Code, for taxable years beginning on or after January 1, 2012, and before January 1, 2021, there shall be allowed, without regard to the taxpayer\u2019s method of accounting, as a credit against the \u201cnet tax\u201d (as defined by Section 17039), an amount equal to 15 percent of the qualified value of the qualified donation items, but in no event shall this amount be less than the amount that otherwise would have been calculated and allowed under this section as added by Chapter 503 of the Statutes of 2011.\n(b) For purposes of this section, the following definitions shall apply:\n(1) \u201cQualified donation item\u201d means fresh fruits or fresh vegetables and the following raw agricultural products or processed foods:\n(A) All of the following:\n(i) \u201cFruits, nuts, or vegetables\u201d as defined in Section 42510 of the Food and Agricultural Code.\n(ii) \u201cMeat food product\u201d as defined in Section 18665 of the Food and Agricultural Code.\n(iii) \u201cPoultry\u201d as defined in Section 18675 of the Food and Agricultural Code.\n(iv) \u201cEggs\u201d as defined in Section 75027 of the Food and Agricultural Code.\n(v) \u201cFish\u201d as defined in Section 58609 of the Food and Agricultural Code.\n(B) All of the following food as defined in Section 109935 of the Health and Safety Code:\n(i) Rice.\n(ii) Beans.\n(iii) Fruit, nuts, and vegetables in canned, frozen, dried, dehydrated, and 100 percent juice forms.\n(iv) Any cheese, milk, yogurt, butter, and dehydrated milk meeting the requirements in Division 15 (commencing with Section 32501) of the Food and Agricultural Code.\n(v) Infant formula subject to Section 114094.5 of the Health and Safety Code.\n(vi) Vegetable oil and olive oil.\n(vii) Soup, pasta sauce, and salsa.\n(viii) Bread and pasta.\n(ix) Canned meats and canned seafood.\n(2) \u201cQualified taxpayer\u201d means the person responsible for planting a crop, managing the crop, harvesting the crop from land, growing or raising a qualified donation item, or harvesting, packing, or processing a qualified donation item.\n(3) \u201cQualified value\u201d means either of the following:\n(A) The qualified value shall be calculated by using the weighted average wholesale sale price based on the qualified taxpayer\u2019s total wholesale sales of the donated item sold within the calendar month of the qualified taxpayer\u2019s donation.\n(B) If no wholesale sales of the donated item have occurred in the calendar month of the qualified taxpayer\u2019s donation, the qualified value shall be equal to the nearest regional wholesale market price for the calendar month of the donation based upon the same grade products as published by the United States Department of Agriculture\u2019s Agricultural Marketing Service, or its successor.\n(c) If the credit allowed by this section is claimed by the qualified taxpayer, any deduction otherwise allowed under this part for that amount of the cost paid or incurred by the qualified taxpayer that is eligible for the credit shall be reduced by the amount of the credit provided in subdivision (a).\n(d) The donor shall provide to the food bank the qualified value of the donation items and information regarding the origin of where the donation items were grown, processed, or both grown and processed. Upon receipt and acceptance of the donation items, the food bank shall provide a certificate to the donor. The certificate shall contain a statement signed and dated by a person authorized by the food bank that the donation items are accepted under Chapter 5 (commencing with Section 58501) of Part 1 of Division 21 of the Food and Agricultural Code. The certificate shall also contain the type, grade, and quantity of items donated, the name of the donor or donors, the name and address of the food bank, and, as provided by the donor, the origin of the donated items, and the qualified value of the donated items, as described in subdivision (a). Upon the request of the Franchise Tax Board, the qualified taxpayer shall provide a copy of the certification to the Franchise Tax Board.\n(e) The credit allowed by this section may be claimed only on a timely filed original return.\n(f) In the case where the credit allowed by this section exceeds the \u201cnet tax,\u201d the excess may be carried over to reduce the \u201cnet tax\u201d in the following year, and for the six succeeding years if necessary, until the credit has been exhausted.\n(g) Using the information available to the Franchise Tax Board from the certificates required under subdivision (d) and subdivision (d) of Section 23688, the Franchise Tax Board shall report to the Legislature on or before December 1, 2014, and each December 1 thereafter until the inoperative date specified in paragraph (2) of subdivision (h), regarding the utilization of the credit authorized by this section and Section 23688. The Franchise Tax Board shall also include in the report the estimated value of the qualified donation items, the origin of the qualified donation items, and the month the donation was made.\n(h) (1) A report required to be submitted pursuant to subdivision (g) shall be submitted in compliance with Section 9795 of the Government Code.\n(2) The requirement for submitting a report imposed under subdivision (g) is inoperative on January 1, 2020, pursuant to Section 10231.5 of the Government Code.\n(i) This section shall be repealed on December 1, 2021.\nSEC. 2.\nSection 23688 of the Revenue and Taxation Code is amended to read:\n23688.\n(a) In the case of a qualified taxpayer that donates to a food bank any qualified donation items that are accepted by that food bank located in California under Chapter 5 (commencing with Section 58501) of Part 1 of Division 21 of the Food and Agricultural Code, for taxable years beginning on or after January 1, 2012, and before January 1, 2021, there shall be allowed, without regard to the taxpayer\u2019s method of accounting, as a credit against the \u201ctax\u201d (as defined by Section 23036), an amount equal to 15 percent of the qualified value of the qualified donation items, but in no event shall this amount be less than the amount that otherwise would have been calculated and allowed under this section as added by Chapter 503 of the Statutes of 2011.\n(b) For purposes of this section, the following definitions shall apply:\n(1) \u201cQualified donation item\u201d means fresh fruits or fresh vegetables and the following raw agricultural products or processed foods:\n(A) All of the following:\n(i) \u201cFruits, nuts, or vegetables\u201d as defined in Section 42510 of the Food and Agricultural Code.\n(ii) \u201cMeat food product\u201d as defined in Section 18665 of the Food and Agricultural Code.\n(iii) \u201cPoultry\u201d as defined in Section 18675 of the Food and Agricultural Code.\n(iv) \u201cEggs\u201d as defined in Section 75027 of the Food and Agricultural Code.\n(v) \u201cFish\u201d as defined in Section 58609 of the Food and Agricultural Code.\n(B) All of the following food as defined in Section 109935 of the Health and Safety Code:\n(i) Rice.\n(ii) Beans.\n(iii) Fruit, nuts, and vegetables in canned, frozen, dried, dehydrated, and 100 percent juice forms.\n(iv) Any cheese, milk, yogurt, butter, and dehydrated milk meeting the requirements in Division 15 (commencing with Section 32501) of the Food and Agricultural Code.\n(v) Infant formula subject to Section 114094.5 of the Health and Safety Code.\n(vi) Vegetable oil and olive oil.\n(vii) Soup, pasta sauce, and salsa.\n(viii) Bread and pasta.\n(ix) Canned meats and canned seafood.\n(2) \u201cQualified taxpayer\u201d means the person responsible for planting a crop, managing the crop, harvesting the crop from land, growing or raising a qualified donation item, or harvesting, packing, or processing a qualified donation item.\n(3) \u201cQualified value\u201d means either of the following:\n(A) The qualified value shall be calculated by using the weighted average wholesale sale price based on the qualified taxpayer\u2019s total wholesale sales of the donated item sold within the calendar month of the qualified taxpayer\u2019s donation.\n(B) If no wholesale sales of the donated item have occurred in the calendar month of the qualified taxpayer\u2019s donation, the qualified value shall be equal to the nearest regional wholesale market price for the calendar month of the donation based upon the same grade products as published by the United States Department of Agriculture\u2019s Agricultural Marketing Service, or its successor.\n(c) If the credit allowed by this section is claimed by the qualified taxpayer, any deduction otherwise allowed under this part for that amount of the cost paid or incurred by the qualified taxpayer that is eligible for the credit shall be reduced by the amount of the credit provided in subdivision (a).\n(d) The donor shall provide to the food bank the qualified value of the donation items and information regarding the origin of where the donation items were grown, processed, or both grown and processed. Upon receipt and acceptance of the donation items, the food bank shall provide a certificate to the donor. The certificate shall contain a statement signed and dated by a person authorized by the food bank that the donation items are accepted under Chapter 5 (commencing with Section 58501) of Part 1 of Division 21 of the Food and Agricultural Code. The certificate shall also contain the type, grade, and quantity of items donated, the name of the donor or donors, the name and address of the food bank, and, as provided by the donor, the origin of the donated items, and the qualified value of the donated items, as described in subdivision (a). Upon the request of the Franchise Tax Board, the qualified taxpayer shall provide a copy of the certification to the Franchise Tax Board.\n(e) The credit allowed by this section may be claimed only on a timely filed original return.\n(f) In the case where the credit allowed by this section exceeds the \u201ctax,\u201d the excess may be carried over to reduce the \u201ctax\u201d in the following year, and for the six succeeding years if necessary, until the credit has been exhausted.\n(g) This section shall be repealed on December 1, 2021.\nSEC. 3.\nThe heading of Chapter 14.5 (commencing with Section 18995) of Part 6 of Division 9 of the Welfare and Institutions Code is amended to read:\nCHAPTER  14.5. The CalFood Program\nSEC. 4.\nSection 18995 of the Welfare and Institutions Code is amended to read:\n18995.\n(a) On and after January 1, 2016, the State Emergency Food Assistance Program (SEFAP), administered by the State Department of Social Services, shall be renamed as the \u201cCalFood Program.\u201d The CalFood Program shall provide food and funding for the provision of emergency food to food banks established pursuant to the federal Emergency Food Assistance Program (7 C.F.R. Parts 250 and 251) whose ongoing primary function is to facilitate the distribution of food to low-income households.\n(b) The CalFood Account is hereby established in the Emergency Food Assistance Program Fund established pursuant to Section 18852 of the Revenue and Taxation Code, and may receive federal funds and voluntary donations or contributions.\n(c) Notwithstanding Section 18853 of the Revenue and Taxation Code, the following shall apply:\n(1) All moneys received by the CalFood Account shall, upon appropriation by the Legislature, be allocated to the State Department of Social Services for allocation to the CalFood Program and, with the exception of those contributions made pursuant to Section 18851 of the Revenue and Taxation Code and funds received through Parts 250 and 251 of Title 7 of the Code of Federal Regulations, shall be used for the purchase, storage, and transportation of food grown or produced in California. Storage and transportation expenditures shall not exceed 10 percent of the CalFood Program fund\u2019s annual budget.\n(2) Notwithstanding paragraph (1), funds received by the CalFood Account shall, upon appropriation by the Legislature, be allocated to the State Department of Social Services for allocation to the CalFood Program as described in paragraph (1), and shall, in part, be used to pay for the department\u2019s administrative costs associated with the administration of the CalFood Program.","title":""}
{"_id":"c85","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 111070.5 is added to the Health and Safety Code, to read:\n111070.5.\n(a) \u201cAdvanced purified demonstration water\u201d means product water from an advanced water purification facility that satisfies both of the following requirements:\n(1) The product water is treated by all of the following treatment processes:\n(A) Microfiltration, ultrafiltration, or other filtration process that removes particulates before reverse osmosis.\n(B) Reverse osmosis.\n(C) Advanced oxidation.\n(2) The product water meets or exceeds all federal and state drinking water standards and is produced in accordance with the advanced treatment criteria for purified water specified in Section 60320.201 of Title 22 of the California Code of Regulations.\n(b) A bottler of advanced purified demonstration water shall do all of the following:\n(1) Submit sample labels to the department for review at least 30 days before bottling advanced purified demonstration water.\n(2) Submit the analyses of the advanced purified demonstration water required under subdivision (e) of Section 13570 of the Water Code to the department at least seven days before bottling advanced purified demonstration water.\n(3) Conduct a full sanitation of the bottling and filling equipment immediately after bottling advance purified demonstration water.\nSEC. 2.\nSection 13570 is added to the Water Code, to read:\n13570.\n(a) As used in this section, \u201cadvanced purified demonstration water\u201d means product water from an advanced water purification facility that satisfies both of the following requirements:\n(1) The product water is treated by means of all of the following treatment processes:\n(A) Microfiltration, ultrafiltration, or other filtration processes to remove particulates before reverse osmosis.\n(B) Reverse osmosis.\n(C) Advanced oxidation.\n(2) The product water meets or exceeds all federal and state drinking water standards and is produced in accordance with the advanced treatment criteria for purified water specified in Section 60320.201 of Title 22 of the California Code of Regulations.\n(b) As used in this section, \u201cadvanced water purification facility\u201d means a water recycling treatment plant that produces advanced purified demonstration water in accordance with the advanced treatment criteria specified in Section 60320.201 of Title 22 of the California Code of Regulations.\n(c) As used in this section, \u201cbatch\u201d means an increment of advanced purified treatment water that has completed the treatment process, is separate from incoming water, and is not receiving any additional source water.\n(d) Except as expressly set forth in this section, the operator of an advanced water purification facility may cause advanced purified demonstration water to be bottled and distributed as samples for educational purposes and to promote water recycling, without complying with the requirements of Article 12 (commencing with Section 111070) of Chapter 5 of Part 5 of Division 104 of the Health and Safety Code. The volume of advanced purified demonstration water in each bottle shall not exceed eight ounces.\n(e) Any operator of an advanced water purification facility seeking to bottle advanced purified demonstration water shall collect water samples from the batch prior to the commencement of the bottling process, and test that batch in accordance with Section 111165 of the Health and Safety Code. Advanced purified demonstration water shall not be distributed unless the following requirements are met:\n(1) The water meets or exceeds all federal and state drinking water standards, including all maximum contaminant levels applicable to public drinking water systems.\n(2) The advanced water purification facility meets or exceeds all purification requirements imposed by regulatory agencies to produce the advanced purified demonstration water, including the removal of constituents of emerging concern where the removal is otherwise required of an advanced water purification facility.\n(3) The water is produced using a treatment process that is consistent with the advanced treatment criteria for purified water specified in Section 60320.201 of Title 22 of the California Code of Regulations and, if established by the state board, in accordance with any uniform statewide water recycling criteria developed for the direct potable reuse of recycled water.\n(f) (1) Advanced purified demonstration water may be bottled only at a licensed water-bottling plant in compliance with Sections 111070.5, 111080, 111120, 111145, and 111155 of the Health and Safety Code.\n(2) Before bottling advanced purified demonstration water, an advanced water purification facility shall follow all pretreatment and labeling regulations for water bottling, including the requirements described in Section 111070.5 of the Health and Safety Code and the requirements for bottled water and vended water pursuant to Section 111080 of the Health and Safety Code.\n(g) Advanced purified demonstration water shall be handled from the point of production to the completion of bottling in accordance with all regulations governing the transportation, bottling, labeling, and handling of bottled water, as defined in subdivision (a) of Section 111070 of the Health and Safety Code, including, but not limited to, subdivisions (a), (b), (f), and (h) of Section 111075 of the Health and Safety Code and Section 111070.5 of the Health and Safety Code. A water-bottling plant that bottles advanced purified demonstration water in accordance with this section may also bottle potable water, subject to compliance with Article 12 (commencing with Section 111070) of Chapter 5 of Part 5 of Division 104 of the Health and Safety Code.\n(h) An advanced water purification facility shall not provide bottled advanced purified demonstration water to any person under 18 years of age without the consent of that person\u2019s parent or legal guardian.\n(i) An advanced water purification facility shall not provide advanced purified demonstration water for human consumption, as defined in Section 116275 of the Health and Safety Code, including, but not limited to, in bottles, to more than 25 individuals per day for 60 or more days in a calendar year.\n(j) Advanced purified demonstration water shall be bottled in nonreturnable (one-way) bottles or packages with labels containing the following information in an easily readable format that complies with all of the following:\n(1) The label shall state \u201csample water--not for sale\u201d and \u201cAdvanced Purified Water Sourced From Wastewater.\u201d\n(2) The label shall set forth the name, address, telephone number, and Internet Web site of the operator of the facility producing the advanced purified demonstration water.\n(3) The label shall include a brief description of the advanced purified demonstration water, including its source and the treatment processes to which the water is subjected.\n(k) A single advanced water purification facility shall not cause more than 1,000 gallons of advanced purified demonstration water to be bottled in a calendar year.\n(l) Advanced purified demonstration water shall not be sold or otherwise distributed in exchange for financial consideration.\n(m) Any operator of an advanced water purification facility seeking to bottle advanced purified demonstration water shall establish a collection and recycling program for distributed bottles.\n(n) The operator of an advanced water purification facility that is bottling advanced purified demonstration water shall do all of the following:\n(1) Maintain a daily record of the number of individuals to whom advanced purified demonstration water is distributed, served, made available, or otherwise provided, including, but not limited to, from a bottle.\n(2) Compile a report of all daily records described in paragraph (1) for each calendar year.\n(3) Certify under penalty of perjury that the report is accurate.\n(4) Provide the report within 45 days of the end of the calendar year for which the report was made to the deputy director of the Division of Drinking Water of the State Water Resources Control Board.\n(o) This section does not exempt an advanced water purification facility from any standard for bottling water imposed pursuant to federal law.\nSEC. 3.\nNo reimbursement is required by this act pursuant to Section 6 of Article XIII\u2009B 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\u2009B of the California Constitution.","title":""}
{"_id":"c60","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nIt is the intent of the Legislature to enact legislation that accomplishes all of the following:\n(a) Creates a statewide Veterans\u2019 Home Morale, Welfare, and Recreation Fund.\n(b) Creates a Morale, Welfare, and Recreation Operating Fund at each veterans\u2019 home.\n(c) Authorizes and directs the Department of Veterans Affairs to promulgate rules and regulations related to the statewide Veterans\u2019 Home Morale, Welfare, and Recreation Fund through a stakeholder process that includes members of the Veterans\u2019 Homes of California. It is further the intent of the Legislature that these rules and regulations include, but not be limited to, a yearly allocation process for moneys to be expended in each home.\n(d) Maintains the highest possible degree of transparent administration and resident involvement.\n(e) Encourages identical Morale, Welfare, and Recreation Fund policies and procedures to be established, documented, and implemented at each veterans\u2019 home.\nSEC. 2.\nSection 1047 of the Military and Veterans Code is repealed.\nSEC. 3.\nSection 1047 is added to the Military and Veterans Code, to read:\n1047.\n(a) (1) The Veterans\u2019 Home Morale, Welfare, and Recreation Special Fund (MWR Fund) is hereby created in the State Treasury. Notwithstanding Section 13340 of the Government Code, all funds deposited in the MWR Fund as authorized by this section shall be continuously appropriated to the department, without regard to fiscal year. All references in this chapter to the \u201cMorale, Welfare, and Recreation Fund\u201d or \u201cMWR Fund\u201d are deemed to refer to the fund created by this paragraph.\n(2) The department shall distribute moneys in the MWR Fund to the homes to provide for the general welfare of the members of the homes.\n(3) For the purposes of this subdivision, providing for the general welfare of the members of a home includes, but is not limited to, operating a canteen, base exchange, hobby shop, theater, library, or band, and payment for newspapers, chapel expenses, entertainment expenses, sports activities, celebrations, or any other function or activity that is related to the morale, welfare, and recreation of the residents that would not otherwise be paid for by the General Fund.\n(4) The administrator of a home shall deposit all moneys maintained by the administrator in a Morale, Welfare, and Recreation Fund pursuant to this section as it read on January 1, 2015, into the Veterans\u2019 Home Morale, Welfare, and Recreation Special Fund created by paragraph (1).\n(5) All future moneys collected as a result of unreimbursed costs of care determinations are special state funds and shall be deposited in the MWR Fund.\n(6) Each home shall establish an MWR Advisory Committee to provide ongoing guidance for the MWR Fund processes, including, but not limited to, budgeting, contracts, investments, expenditures, and revenues. The committee shall be comprised of the administrator or a representative and representatives of the Veterans\u2019 Home Allied Council or resident council.\n(7) On or before July 1, 2018, the department, in consultation with the MWR Advisory Committee in each home, the Veterans\u2019 Home Allied Council, or the resident council at each home, shall adopt regulations that carry out the intent of this section, including, but not limited to, the administration of the MWR Fund and Morale, Welfare, and Recreation Operating Funds (MWRO Funds), the process by which the homes submit annual budgets and receive allocations, the process by which the secretary shall review and act upon the allocation requests and requests for augmentation of those allocations.\n(8) Moneys deposited in the MWR Fund are exempt from the requirements of Article 2 (commencing with Section 11270) of Chapter 3 of Part 1 of Division 3 of Title 2 of the Government Code.\n(b) (1) The department shall annually determine the amount for disbursement from the MWR Fund to the homes. This amount shall be disbursed proportionally by each home\u2019s relative share of the total population of the entire veterans\u2019 home system. All annual allocation requests and annual allocations, as well as any augmentations to those allocations, shall be made known to the members of the homes. In making allocation decisions, the department shall consider whether there are economies of scale or other savings which may be realized by aggregating home requests or otherwise while still meeting the intent of the homes\u2019 requests.\n(2) The secretary, in consultation with the administrator of the affected home, may augment the allocation from the MWR Fund to any veterans\u2019 home after making a determination that this action is appropriate on the basis of factors including, but not limited to, the home\u2019s unique age, size, population, and historical significance.\n(c) Moneys in the MWR Fund shall not be expended for the following:\n(1) A medical treatment or medical care of a member of a home.\n(2) The maintenance or major capital improvement of the physical plant of a home.\n(3) Any function, operation, or activity that is not directly related to the morale, welfare, or recreation of the members of the home.\n(d) Appropriations from the General Fund for the purposes described in paragraph (3) of subdivision (b) may not be reduced for the purpose of, or to have the effect of, requiring increased expenditures from the MWR Fund for those described purposes.\n(e) The department shall adopt, use, and require the homes to use uniform accounting procedures for the MWR Fund and the MWRO Funds subject to the department\u2019s oversight and audit as needed. The department shall prepare an itemized report that is organized by category, including sufficient detail to allow legislative oversight, and accounts for all expenditures from, and all funds deposited into, the MWR Fund and the MWRO Funds for the previous fiscal year. The department shall submit the report on or before December 31, 2018, and annually on or before August 20 thereafter, to the following:\n(1) The Department of Finance.\n(2) The fiscal committees of the Assembly and Senate.\n(3) The committees of the Assembly and the Senate that have subject matter jurisdiction over veterans\u2019 affairs.\n(4) The Veterans\u2019 Home Allied Council or the resident council of each home.\n(5) The administrator of each home.\n(f) The department shall maintain a reserve in the MWR Fund of not less than three million dollars ($3,000,000).\n(g) The department may transfer funds from the MWR Fund to the Surplus Money Investment Fund for investment pursuant to Article 4 (commencing with Section 16470) of Chapter 3 of Part 2 of Division 4 of Title 2 of the Government Code or may hire a third-party investment broker to invest moneys from the MWR Fund consistent with Section 16480.2 of the Government Code and any regulations regarding selecting prudent, approved investment types. The amount invested and the accrued interest or earnings shall be credited to the MWR Fund for allocation by the department.\n(h) The administrator of a home may enter into an agreement with the Veterans\u2019 Home Allied Council that authorizes the council to operate facilities and engage in activities that are authorized by subdivision (b). The agreement shall be in the form and manner specified by the administrator and in conformity with applicable California law and regulations, including, but not limited to, the state procurement and contracting process.\nSEC. 4.\nSection 1048 of the Military and Veterans Code is repealed.\nSEC. 5.\nSection 1048 is added to the Military and Veterans Code, to read:\n1048.\n(a) A Morale, Welfare, and Recreation Operating Fund (MWRO Fund) shall be maintained by the administrator of each home to administer quality of life activities for the general welfare of the members, pursuant to the annual allocation, including any augmentation provided by the secretary, from the MWR Fund.\n(b) The annual allocations from the MWR Fund, including any augmentations provided by the secretary, and any other quality of life moneys received shall be deposited in a local bank account established for this purpose.\n(c) Moneys in the MWRO Fund shall not be expended for the following:\n(1) Medical treatment or medical care for a member.\n(2) The maintenance or major capital improvement of the Home\u2019s physical plant.\n(3) A function, operation, or activity that is not directly related to the morale, welfare, or recreation of the members of the home.\nSEC. 6.\nSection 1049 of the Military and Veterans Code is amended to read:\n1049.\n(a) Moneys in the Morale, Welfare, and Recreation Fund maintained under subdivision (a) of Section 1047 may be used, subject to approval by the secretary, to establish or operate a canteen and base exchange at each home location. The canteen may sell goods at a profit.\n(b) The MWRO Fund of each home shall include proceeds from the operation of a canteen, or base exchange. Any moneys derived from golf course green fees, range ball fees, and operations of activities unique to each Veterans\u2019 Home of California shall be deposited in the MWRO Fund allocation for that home after appropriate state costs, fees, and rent are deducted from the revenue received for those operations.","title":""}
{"_id":"c459","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nThe Legislature finds and declares all of the following:\n(a) There is worldwide concern regarding the plight of elephants and rhinoceroses, who are being poached at alarming rates \u2014 an average of 96 elephants per day are killed in Africa.\n(b) Illegal poaching and wildlife trafficking is the fourth largest transnational crime and ivory helps fund the military operations of notorious terrorist groups. Smuggling gangs move tons of tusks to markets thousands of miles away.\n(c) International, federal, and state laws are all being strengthened to protect these iconic species from cruelty and extinction. The states of New York and New Jersey recently enacted strong prohibitions on intrastate ivory and rhinoceros horn commerce and the federal government has proposed strengthened ivory trade and import regulations.\n(d) California has prohibited the ivory trade since 1977, but a loophole has rendered the law unenforceable \u2014 allowing illegal sales to flourish. San Francisco and Los Angeles have consistently ranked among the top trading markets for illegal ivory in the United States.\nSEC. 2.\nSection 2022 is added to the Fish and Game Code, to read:\n2022.\n(a) For the purposes of this section, the following terms have the following meanings:\n(1) \u201cBona fide educational or scientific institution\u201d means an institution that establishes through documentation either of the following:\n(A) Educational or scientific tax exemption, from the federal Internal Revenue Service or the institution\u2019s national, state, or local tax authority.\n(B) Accreditation as an educational or scientific institution, from a qualified national, regional, state, or local authority for the institution\u2019s location.\n(2) \u201cIvory\u201d means a tooth or tusk from a species of elephant, hippopotamus, mammoth, mastodon, walrus, warthog, whale, or narwhal, or a piece thereof, whether raw ivory or worked ivory, and includes a product containing, or advertised as containing, ivory.\n(3) \u201cRhinoceros horn\u201d means the horn, or a piece thereof, or a derivative such as powder, of a species of rhinoceros, and includes a product containing, or advertised as containing, a rhinoceros horn.\n(4) \u201cSale\u201d or \u201csell\u201d means selling, trading, bartering for monetary or nonmonetary consideration, giving away in conjunction with a commercial transaction, or giving away at a location where a commercial transaction occurred at least once during the same or the previous calendar year.\n(5) \u201cTotal value\u201d means either the fair market value or the actual price paid for ivory or rhinoceros horn, whichever is greater.\n(b) Except as provided in subdivision (c), it is unlawful to purchase, sell, offer for sale, possess with intent to sell, or import with intent to sell ivory or rhinoceros horn.\n(c) The prohibitions set forth in subdivision (b) shall not apply to any of the following:\n(1) An employee or agent of the federal or state government undertaking a law enforcement activity pursuant to federal or state law, or a mandatory duty required by federal law.\n(2) An activity that is authorized by an exemption or permit under federal law or that is otherwise expressly authorized under federal law.\n(3) Ivory or rhinoceros horn that is part of a musical instrument, including, but not limited to, a string or wind instrument or piano, and that is less than 20 percent by volume of the instrument, if the owner or seller provides historical documentation demonstrating provenance and showing the item was manufactured no later than 1975.\n(4) Ivory or rhinoceros horn that is part of a bona fide antique and that is less than five percent by volume of the antique, if the antique status is established by the owner or seller of the antique with historical documentation demonstrating provenance and showing the antique to be not less than 100 years old.\n(5) The purchase, sale, offer for sale, possession with intent to sell, or importation with intent to sell ivory or rhinoceros horn for educational or scientific purposes by a bona fide educational or scientific institution if both of the following criteria are satisfied:\n(A) The purchase, sale, offer for sale, possession with intent to sell, or import with intent to sell the ivory or rhinoceros horn is not prohibited by federal law.\n(B) The ivory or rhinoceros horn was legally acquired before January 1, 1991, and was not subsequently transferred from one person to another for financial gain or profit after July 1, 2016.\n(d) Possession of ivory or rhinoceros horn in a retail or wholesale outlet commonly used for the buying or selling of similar items is prima facie evidence of possession with intent to sell. This evidence shall not preclude a finding of intent to sell based on any other evidence that may serve to establish that intent independently or in conjunction with this evidence.\n(e) For a violation of any provision of this section, or any rule, regulation, or order adopted pursuant to this section, the following criminal penalties shall be imposed:\n(1) For a first conviction, where the total value of the ivory or rhinoceros horn is two hundred fifty dollars ($250) or less, the offense shall be a misdemeanor punishable by a fine of not less than one thousand dollars ($1,000), or more than ten thousand dollars ($10,000), imprisonment in the county jail for not more than 30 days, or by both the fine and imprisonment.\n(2) For a first conviction, where the total value of the ivory or rhinoceros horn is more than two hundred fifty dollars ($250), the offense shall be a misdemeanor punishable by a fine of not less than five thousand dollars ($5,000), or more than forty thousand dollars ($40,000), imprisonment in the county jail for not more than one year, or by both the fine and imprisonment.\n(3) For a second or subsequent conviction, where the total value of the ivory or rhinoceros horn is two hundred fifty dollars ($250) or less, the offense shall be a misdemeanor punishable by a fine of not less than five thousand dollars ($5,000), or more than forty thousand dollars ($40,000), imprisonment in county jail for not more than one year, or by both the fine and imprisonment.\n(4) For a second or subsequent conviction, where the total value of the ivory or rhinoceros horn is more than two hundred fifty dollars ($250), the offense shall be a misdemeanor punishable by a fine of not less than ten thousand dollars ($10,000), or more than fifty thousand dollars ($50,000) or the amount equal to two times the total value of the ivory or rhinoceros horn involved in the violation, whichever is greater, imprisonment in county jail for not more than one year, or by both the fine and imprisonment.\n(f) In addition to, and separate from, any criminal penalty provided for under subdivision (e), an administrative penalty of up to ten thousand dollars ($10,000) may be imposed for a violation of any provision of this section, or any rule, regulation, or order adopted pursuant to this section. Penalties authorized pursuant to this subdivision may be imposed by the department consistent with all of the following:\n(1) The chief of enforcement issues a complaint to any person or entity on which an administrative civil penalty may be imposed pursuant to this section. The complaint shall allege the act or failure to act that constitutes a violation, relevant facts, the provision of law authorizing the administrative penalty to be imposed, and the proposed penalty amount.\n(2) The complaint and order is served by personal notice or certified mail and informs the party served that the party may request a hearing no later than 20 days from the date of service. If a hearing is requested, it shall be scheduled before the director or his or her designee, which designee shall not be the chief of enforcement issuing the complaint and order. A request for hearing shall contain a brief statement of the material facts the party claims support his or her contention that no administrative penalty should be imposed or that an administrative penalty of a lesser amount is warranted. A party served with a complaint pursuant to this subdivision waives the right to a hearing if no hearing is requested within 20 days of service of the complaint, in which case the order imposing the administrative penalty shall become final.\n(3) The director, or his or her designee, shall control the nature and order of the hearing proceedings. Hearings shall be informal in nature, and need not be conducted according to the technical rules relating to evidence. The director, or his or her designee, shall issue a final order within 45 days of the close of the hearing. A final copy of the order shall be served by certified mail upon the party served with the complaint.\n(4) A party may obtain review of the final order by filing a petition for a writ of mandate with the superior court within 30 days of the date of service of the final order. The administrative penalty shall be due and payable to the department within 60 days after the time to seek judicial review has expired or, where the party has not requested a hearing of the order, within 20 days after the order imposing an administrative penalty becomes final.\n(g) For any conviction or other entry of judgment imposed by a court for a violation of this section resulting in a fine, the court may pay one-half of the fine, but not to exceed five hundred dollars ($500), to any person giving information that led to the conviction or other entry of judgment. This reward shall not apply if the informant is a regular salaried law enforcement officer, or officer or agent of the department.\n(h) Upon conviction or other entry of judgment for a violation of this section, any seized ivory or rhinoceros horn shall be forfeited and, upon forfeiture, either maintained by the department for educational or training purposes, donated by the department to a bona fide educational or scientific institution, or destroyed.\n(i) Administrative penalties collected pursuant to this section shall be deposited in the Fish and Game Preservation Fund and used for law enforcement purposes upon appropriation by the Legislature.\n(j) This section does not preclude enforcement under Section 653o of the Penal Code.\nSEC. 3.\nSection 5 of Chapter 692 of the Statutes of 1976 is repealed.\nSEC. 4.\nThe provisions of this act are severable. If any provision of this act 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.\nSEC. 5.\nNo reimbursement is required by this act pursuant to Section 6 of Article XIII\u2009B 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\u2009B of the California Constitution.\nSEC. 6.\nThis act shall become operative on July 1, 2016.","title":""}
{"_id":"c400","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 84601 of the Government Code is amended to read:\n84601.\nThe Legislature finds and declares as follows:\n(a) The people of California enacted one of the nation\u2019s most comprehensive campaign and lobbying financial disclosure laws when they voted for Proposition 9, the Political Reform Act of 1974, an initiative statute.\n(b) Public access to campaign and lobbying disclosure information is a vital and integral component of a fully informed electorate.\n(c) Advances in technology have made it necessary for the State of California to develop a new, data-driven online filing and disclosure system that provides public disclosure of campaign finance and lobbying information in a user-friendly, easily understandable format.\n(d) Members of the public, including voters, journalists, and researchers, should be able to access campaign finance and lobbying information in a robust and flexible manner, including through searches and visual displays such as graphs and maps.\nSEC. 2.\nSection 84602 of the Government Code is amended to read:\n84602.\n(a) To implement the Legislature\u2019s intent, the Secretary of State, in consultation with the Commission, notwithstanding any other provision of this code, shall do all of the following:\n(1) Develop online and electronic filing processes for use by persons and entities specified in Section 84605 that are required to file statements and reports with the Secretary of State\u2019s office pursuant to Chapter 4 (commencing with Section 84100) and Chapter 6 (commencing with Section 86100). Those processes shall each enable a user to comply with all of the disclosure requirements of this title and shall include, at a minimum, both of the following:\n(A) A means or method whereby filers subject to this chapter may submit required filings free of charge. Any means or method developed pursuant to this subparagraph shall not provide any additional or enhanced functions or services that exceed the minimum requirements necessary to fulfill the disclosure provisions of this title. At least one means or method shall be made available no later than December 31, 2002.\n(B) The definition of a nonproprietary standardized record format or formats using industry standards for the transmission of the data that is required of those persons and entities specified in Section 84605 and that conforms with the disclosure requirements of this title. The Secretary of State shall hold public hearings before development of the record format or formats as a means to ensure that affected entities have an opportunity to provide input into the development process. The format or formats shall be made public no later than July 1, 1999, to ensure sufficient time to comply with this chapter.\n(2) Accept test files from software vendors and others wishing to file reports electronically, for the purpose of determining whether the file format is in compliance with the standardized record format developed pursuant to paragraph (1) and is compatible with the Secretary of State\u2019s system for receiving the data. A list of the software and service providers who have submitted acceptable test files shall be published by the Secretary of State and made available to the public. Acceptably formatted files shall be submitted by a filer in order to meet the requirements of this chapter.\n(3) Develop a system that provides for the online or electronic transfer of the data specified in this section using telecommunications technology that ensures the integrity of the data transmitted and that creates safeguards against efforts to tamper with or subvert the data.\n(4) Make all the data filed available on the Internet in an easily understood format that provides the greatest public access. The data shall be made available free of charge and as soon as possible after receipt. All late contribution and late independent expenditure reports, as defined by Sections 84203 and 84204, respectively, shall be made available on the Internet within 24 hours of receipt. The data made available on the Internet shall not contain the street name and building number of the persons or entity representatives listed on the electronically filed forms or any bank account number required to be disclosed pursuant to this title.\n(5) Develop a procedure for filers to comply with the requirement that they sign under penalty of perjury pursuant to Section 81004.\n(6) Maintain all filed data online for 10 years after the date it is filed, and then archive the information in a secure format.\n(7) Provide assistance to those seeking public access to the information.\n(8) Implement sufficient technology to seek to prevent unauthorized alteration or manipulation of the data.\n(9) Provide the Commission with necessary information to enable it to assist agencies, public officials, and others with the compliance with, and administration of, this title.\n(10) Report to the Legislature on the implementation and development of the online and electronic filing and disclosure requirements of this chapter. The report shall include an examination of system security, private security issues, software availability, compliance costs to filers, use of the filing system and software provided by the Secretary of State, and other issues relating to this chapter, and shall recommend appropriate changes if necessary. In preparing the report, the Commission may present to the Secretary of State and the Legislature its comments regarding this chapter as it relates to the duties of the Commission and suggest appropriate changes if necessary. There shall be one report due before the system is operational as set forth in Section 84603, one report due no later than June 1, 2002, and one report due no later than January 31, 2003.\n(11) Review the current filing and disclosure requirements of this chapter and report to the Legislature, no later than June 1, 2005, recommendations on revising these requirements so as to promote greater reliance on electronic and online submissions.\n(b) (1) To implement the Legislature\u2019s intent, as described in Section 84601, the Secretary of State, in consultation with the Commission, shall develop an online filing and disclosure system for use by persons and entities specified in Section 84605 that are required to file statements and reports with the Secretary of State\u2019s office pursuant to Chapter 4 (commencing with Section 84100) and Chapter 6 (commencing with Section 86100). The system shall enable a user to comply with all of the disclosure requirements of this title and shall include, at minimum, all of the following:\n(A) A data-driven means or method that allows filers subject to this chapter to submit required filings free of charge in a manner that facilitates public searches of the data and does all of the following:\n(i) Enables a filer to comply with all of the disclosure requirements of this title, including by entering or uploading requisite data or by indicating that the filer had no reportable activity during a particular reporting period.\n(ii) Retains previously submitted data so that a filer can access that data to amend disclosures or prepare future disclosures.\n(iii) Ensures the security of data entered and stored in the system.\n(iv) To the extent feasible, is compatible with potential future capability to accept statements from filers specified in subdivisions (b) to (e), inclusive, of Section 84215.\n(B) The definition of a nonproprietary standardized record format or formats using industry standards for the transmission of the data that is required of those persons and entities specified in Section 84605 and that conforms with the disclosure requirements of this title.\n(2) The Secretary of State shall do all of the following with respect to the online filing and disclosure system developed pursuant to this subdivision:\n(A) Accept test files from software vendors and others wishing to file reports electronically for the purpose of determining whether the file format is in compliance with the standardized record format developed pursuant to this subdivision and is compatible with the Secretary of State\u2019s system for receiving the data. The Secretary of State shall publish and make available to the public a list of the software and service providers who have submitted acceptable test files. A filer shall submit acceptably formatted files in order to meet the requirements of this chapter.\n(B) Make the data filed available on the Internet as follows:\n(i) In a user-friendly, easily understandable format that provides the greatest public access, including online searches and machine-readable downloads of all data contained in the system, except as specified in clause (iii).\n(ii) Free of charge and as soon as possible after receipt, or, in the case of late contribution, late in-kind contribution, and late independent expenditure reports, as defined by Sections 84203, 84203.3, and 84204, respectively, within 24 hours of receipt.\n(iii) Not containing the street name or building number of the persons or entity representatives listed on the electronically filed forms or any bank account number required to be disclosed pursuant to this title.\n(iv) In a manner that allows the public to track and aggregate contributions from the same contributor across filers using a permanent unique identifier assigned by the Secretary of State for this purpose. The Secretary of State shall assign this identifier to, at minimum, each contributor who makes contributions totaling ten thousand dollars ($10,000) or more in a calendar year to, or at the behest of, candidates or committees that file electronically with the Secretary of State pursuant to subdivision (a) of Section 84215 or who files with the Secretary of State as a major donor committee under subdivision (c) of Section 82013.\n(C) Develop a procedure for filers to comply electronically with the requirement to sign under penalty of perjury pursuant to Section 81004. The electronic signature procedure shall allow the filer to file with the Secretary of State and shall not require an original signature to be filed.\n(D) Maintain all filed data online for at least 20 years after the date it is filed, and then archive the information in a secure format.\n(E) Provide assistance to those seeking public access to the information.\n(F) Implement sufficient technology to seek to prevent unauthorized alteration or manipulation of the data.\n(G) Provide the Commission with necessary information to enable it to assist agencies, public officials, and others in complying with and administering this title.\n(3) The Secretary of State shall do all of the following with respect to developing the online filing and disclosure system and record format pursuant to this subdivision:\n(A) Consult with the Assembly Committee on Elections and Redistricting, the Senate Committee on Elections and Constitutional Amendments, the Commission, users, filers, and other stakeholders, as appropriate, about functions of the online filing and disclosure system.\n(B) In consultation with the Commission, and no later than July 31, 2017, hold at least one public hearing to receive input about developing the online filing and disclosure system and record format.\n(C) No later than December 31, 2017, submit a report to the Assembly Committee on Elections and Redistricting and the Senate Committee on Elections and Constitutional Amendments that includes a plan for the online filing and disclosure system, describes how members of the public will be able to query and retrieve data from the system, and includes a plan for integrating statements as specified in clause (iv) of subparagraph (A) of paragraph (1).\n(4) The Secretary of State shall make the online filing and disclosure system developed pursuant to this subdivision available for use no later than February 1, 2019. The Secretary of State may extend this date to a date no later than December 31, 2019, after consulting with the Assembly Committee on Elections and Redistricting and the Senate Committee on Elections and Constitutional Amendments and providing to those committees a report that explains the need for the extension and includes a plan for completion.\n(5) The Secretary of State may accept any funds, services, equipment, or grants to further this subdivision, provided that the Secretary of State shall notify the Assembly Committee on Elections and Redistricting and the Senate Committee on Elections and Constitutional Amendments upon accepting any amount valued at one hundred thousand dollars ($100,000) or more.\n(6) Because the provisions of this chapter need to be implemented as expeditiously as possible, the information technology procurement requirements described in Chapter 5.6 (commencing with Section 11545) of Part 1 of Division 3 of Title 2 of this code, and in Section 12100 of the Public Contract Code, do not apply to development of the online filing and disclosure system pursuant to this subdivision. The Secretary of State shall consult with the Department of Technology, as appropriate, in developing the online filing and disclosure system, in order to maximize project success, minimize lifecycle costs, and ensure the security of the system and its data.\n(7) (A) Before making the system developed pursuant to this subdivision available for public use, the Secretary of State, in consultation with the Commission, shall test the system to ensure its functionality and then certify that the system meets all the requirements of this subdivision. The Secretary of State may consult with the Department of Technology as needed to fulfill his or her duties under this paragraph.\n(B) After the system developed pursuant to this subdivision is certified, the system described in subdivision (a) shall no longer accept reports and filings, unless otherwise directed by the Secretary of State and the Commission. The system described in subdivision (a) shall continue to allow public access to past disclosures unless the Secretary of State migrates that data into the system described in this subdivision.\n(c)  On or before December 31, 2017, and on or before every April 15, July 15, October 15, and January 15 thereafter, the Secretary of State shall submit to the chairs of the Joint Legislative Budget Committee and the fiscal committees of the Legislature a quarterly report on the progress of the Cal-Access Project. Specifically, the Secretary of State shall certify whether he or she (1) anticipates making or has made any changes to the project\u2019s scope, schedule, or budget and (2) considers any problems to be a risk to the project\u2019s completion according to the approved project schedule and budget. This reporting requirement shall end upon the completion or termination of the Cal-Access Project.\nSEC. 3.\nThe 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.","title":""}
{"_id":"c446","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nThe Legislature finds and declares all of the following:\n(a) Lichens are unique organisms that consist of a fungus and an alga living together in a symbiotic relationship.\n(b) Lichens are important for both wildlife and people. They are used as a food source by a variety of animals. Many lichens have antibacterial properties and have been used medicinally for thousands of years.\n(c) Lichens are known for their sensitivity to environmental stressors and are used as biological indicators of air quality and climate change around the world, including in California, which is home to more than 1,900 species of lichens.\n(d) Ramalina menziesii, commonly known as lace lichen, is a common lichen found throughout much of California from the northern to the southern border of the state, and as far as 130 miles inland from the coast. Naming Ramalina menziesii as the official state lichen of California will help promote appreciation, education, and study of lichens in this state.\nSEC. 2.\nSection 424.6 is added to the Government Code, to read:\n424.6.\nLace lichen (Ramalina menziesii) is the official state lichen.\nSEC. 3.\nSection 5003.6 of the Public Resources Code is amended to read:\n5003.6.\nThe planning, design, and construction of a boating facility within the state park system shall be the responsibility of the Division of Boating and Waterways within the department pursuant to Section 50 of the Harbors and Navigation Code.\nSEC. 4.\nSection 5008 of the Public Resources Code is amended to read:\n5008.\n(a) The department shall protect the state park system and the state vehicular recreation area and trail system from damage and preserve the peace therein.\n(b) The director may designate any officer or employee of the department as a peace officer. The primary duties of the peace officer shall be the enforcement of this division, Sections 4442 and 4442.5, the rules and regulations of the department, Chapter 5 (commencing with Section 650) of Division 3 of the Harbors and Navigation Code, the rules and regulations of the Division of Boating and Waterways within the department, Chapter 2 (commencing with Section 9850) of Division 3.5 of the Vehicle Code, and Division 16.5 (commencing with Section 38000) of the Vehicle Code and to arrest persons for the commission of public offenses within the property under its jurisdiction. The authority and powers of the peace officer shall be limited to those conferred by law upon peace officers listed in Section 830.2 of the Penal Code.\n(c) The department shall protect property included in the California recreational trail system and the property included in the recreational trail system under Section 6 of Chapter 1234 of the Statutes of 1980 from damage and preserve the peace therein. The primary duties of any officer or employee designated a peace officer under this section shall include enforcement of the rules and regulations established by the department under subdivision (l) of Section 6 of Chapter 1234 of the Statutes of 1980 and the arrest of persons for the commission of public offenses within the property included in the recreational trail system under Section 6 of Chapter 1234 of the Statutes of 1980.\n(d) Any person who violates the rules and regulations established by the department is guilty of a misdemeanor and upon conviction shall be punished by imprisonment in the county jail not exceeding 90 days, or by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment, except that at the time a particular action is commenced, the judge may, considering the recommendation of the prosecuting attorney, reduce the charged offense from a misdemeanor to an infraction. Any person convicted of the offense after such a reduction shall be punished by a fine of not less than ten dollars ($10) nor more than one thousand dollars ($1,000).\nSEC. 5.\nSection 5008.5 of the Public Resources Code is amended to read:\n5008.5.\nIn any prosecution charging a violation within any unit of the state park system of the rules and regulations of the department, Section 655.2 or Chapter 5 (commencing with Section 650) of Division 3 of the Harbors and Navigation Code, or the rules and regulations of the Division of Boating and Waterways within the department, proof by the people of the State of California that the vehicle or vessel described in the complaint was parked or placed in violation of any provision of these statutes or rules and regulations together with proof that the defendant named in the complaint was, at the time of the parking or placing, the registered owner of the vehicle or vessel, shall constitute prima facie evidence that the registered owner of the vehicle or vessel was the person who parked or placed the vehicle or vessel at the point where, and for the time during which, the violation occurred, but the proof that a person is the registered owner of a vehicle or vessel is not prima facie evidence that the person has violated any other provision of law. The above provisions shall apply only when there has been compliance with the procedure required by Article 3 (commencing with Section 40200) of Chapter 1 of Division 17 of the Vehicle Code. Proof of a written lease of, or rental agreement for, a particular vehicle or vessel described in the complaint, on the date and time of the violation, which lease or rental agreement includes the name and address of the person to whom the vehicle or vessel is leased or rented, shall rebut the prima facie evidence that the registered owner was the person who parked or placed the vehicle at the time and place where the violation occurred.\nAny charge under this section shall be dismissed when the person charged has made a bona fide sale or transfer of the vehicle or vessel and has delivered possession thereof to the purchaser and has complied with the requirements of subdivision (a) or (b) of Section 5602 of the Vehicle Code or with Section 710 of the Harbors and Navigation Code prior to the date of the alleged violation and has advised the court of the name and address of the purchaser.\nSEC. 6.\nSection 5044 of the Public Resources Code is repealed.\nSEC. 7.\nSection 5071.7 of the Public Resources Code is amended to read:\n5071.7.\n(a) (1) In planning the system, the director shall consult with and seek the assistance of the Department of Transportation. The Department of Transportation shall plan and design those trail routes that are in need of construction contiguous to state highways and serve both a transportation and a recreational need.\n(2) The Department of Transportation shall install or supervise the installation of signs along heritage corridors consistent with the plan element developed pursuant to this section and Section 5073.1; provided, however, that it shall neither install nor supervise the installation of those signs until it determines that it has available to it adequate volunteers or funds, or a combination thereof, to install or supervise the installation of the signs, or until the Legislature appropriates sufficient funds for the installation or supervision of installation, whichever occurs first.\n(b) The element of the plan relating to boating trails and other segments of the system which are oriented to waterways shall be prepared and maintained by the Division of Boating and Waterways within the Department of Parks and Recreation pursuant to Article 2.6 (commencing with Section 68) of Chapter 2 of Division 1 of the Harbors and Navigation Code. Those segments shall be integrated with the California Protected Waterways Plan developed pursuant to Chapter 1278 of the Statutes of 1968, and shall be planned so as to be consistent with the preservation of rivers of the California Wild and Scenic Rivers System, as provided in Chapter 1.4 (commencing with Section 5093.50) of this division.\n(c) Any element of the plan relating to trails and areas for the use of off\/highway motor vehicles shall be prepared and maintained by the Division of Off\/Highway Motor Vehicle Recreation pursuant to Chapter 1.25 (commencing with Section 5090.01).\n(d) In planning the system, the director shall consult with and seek the assistance of the Department of Rehabilitation, representatives of its California Access Network volunteers, and nonprofit disability access groups to assure that adequate provision is made for publicizing the potential use of recreational trails, including heritage corridors by physically disabled persons.\nSEC. 8.\nSection 6232 of the Public Resources Code is amended to read:\n6232.\nThe Secretary of the Natural Resources Agency shall appoint the following members of the advisory panel, who shall serve at the pleasure of the secretary:\n(a) A representative of the Division of Boating and Waterways within the Department of Parks and Recreation.\n(b) A representative of the Department of Conservation.\n(c) A representative of the Department of Fish and Wildlife.\n(d) The Executive Director of the California Coastal Commission or the executive director\u2019s designee.\n(e) A representative of the fish industry.\n(f) A representative of the aquaculture industry.\n(g) A representative of the ocean engineering industry.\n(h) A representative of the University of California.\n(i) A representative of the California State University.\n(j) A representative of a private California institution of higher education that is participating in the National Sea Grant Program.\n(k) A representative of the State Lands Commission.\n(l) A representative of the Office of Environmental Health Hazard Assessment.\n(m) A representative of the State Water Resources Control Board.\n(n) A representative of the Office of Oil Spill Prevention and Response in the Department of Fish and Wildlife, designated by the administrator for oil spill response.\nSEC. 9.\nSection 6311 of the Public Resources Code is amended to read:\n6311.\nIt is hereby declared to be the policy of this state that any grant of tidelands or submerged lands made after January 1, 1971, within an area which has been designated by the Division of Boating and Waterways within the Department of Parks and Recreation as the location of a small craft harbor of refuge, shall contain a reservation and condition requiring the grantee to submit a plan to the Division of Boating and Waterways within the Department of Parks and Recreation, within a reasonable period of time after the effective date of the grant, for the construction of facilities necessary or convenient for the use of the granted lands as a small craft harbor of refuge, and requiring the construction of facilities to be completed within a specified period of time after approval of the plan by the Division of Boating and Waterways within the Department of Parks and Recreation.\nSEC. 10.\nSection 30411 of the Public Resources Code is amended to read:\n30411.\n(a) The Department of Fish and Wildlife and the Fish and Game Commission are the principal state agencies responsible for the establishment and control of wildlife and fishery management programs and the commission shall not establish or impose any controls with respect thereto that duplicate or exceed regulatory controls established by these agencies pursuant to specific statutory requirements or authorization.\n(b) The Department of Fish and Wildlife in consultation with the commission and the Division of Boating and Waterways within the Department of Parks and Recreation, may study degraded wetlands and identify those which can most feasibly be restored in conjunction with development of a boating facility as provided in subdivision (a) of Section 30233. Any study conducted under this subdivision shall include consideration of all of the following:\n(1) Whether the wetland is so severely degraded and its natural processes so substantially impaired that it is not capable of recovering and maintaining a high level of biological productivity without major restoration activities.\n(2) Whether a substantial portion of the degraded wetland, but in no event less than 75 percent, can be restored and maintained as a highly productive wetland in conjunction with a boating facilities project.\n(3) Whether restoration of the wetland\u2019s natural values, including its biological productivity and wildlife habitat features, can most feasibly be achieved and maintained in conjunction with a boating facility or whether there are other feasible ways to achieve these values.\n(c) The Legislature finds and declares that salt water or brackish water aquaculture is a coastal-dependent use which should be encouraged to augment food supplies and to further the policies set forth in Chapter 4 (commencing with Section 825) of Division 1. The Department of Fish and Wildlife may identify coastal sites it determines to be appropriate for aquaculture facilities. If the Department of Fish and Wildlife identifies these sites, it shall transmit information identifying the sites to the commission and the relevant local government agency. The commission, and where appropriate, local governments, shall, consistent with the coastal planning requirements of this division, provide for as many coastal sites identified by the Department of Fish and Wildlife for any uses that are consistent with the policies of Chapter 3 (commencing with Section 30200) of this division.\n(d) Any agency of the state owning or managing land in the coastal zone for public purposes shall be an active participant in the selection of suitable sites for aquaculture facilities and shall make the land available for use in aquaculture when feasible and consistent with other policies of this division and other provisions of law.\nSEC. 11.\nSection 30419 of the Public Resources Code is amended to read:\n30419.\nThe Division of Boating and Waterways within the Department of Parks and Recreation is the principal state agency for evaluating the economic feasibility of any boating facility to be developed within the coastal zone.\nIf the economic viability of a boating facility becomes an issue in a coastal development permit matter or in a local coastal program or any amendment thereto, the commission shall request the Division of Boating and Waterways within the Department of Parks and Recreation to provide comment, including, but not limited to, the analysis of costs associated with conditions of approval. In cases where the Division of Boating and Waterways within the Department of Parks and Recreation desires to make any comment, it shall be made within 30 days of the commission\u2019s request. The commission shall include the comment in its decision regarding a coastal development permit or local coastal program or any amendment thereto.","title":""}
{"_id":"c330","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 51210 of the Education Code is amended to read:\n51210.\n(a) The adopted course of study for grades 1 to 6, inclusive, shall include instruction, beginning in grade 1 and continuing through grade 6, in the following areas of study:\n(1) English, including knowledge of, and appreciation for literature and the language, as well as the skills of speaking, reading, listening, spelling, handwriting, and composition.\n(2) Mathematics, including concepts, operational skills, and problem solving.\n(3) Social sciences, drawing upon the disciplines of anthropology, economics, geography, history, political science, psychology, and sociology, designed to fit the maturity of the pupils. Instruction shall provide a foundation for understanding the history, resources, development, and government of California and the United States of America; the development of the American economic system, including the role of the entrepreneur and labor; the relations of persons to their human and natural environment; eastern and western cultures and civilizations; contemporary issues; and the wise use of natural resources.\n(4) Science, including the biological and physical aspects, with emphasis on the processes of experimental inquiry and on the place of humans in ecological systems.\n(5) Visual and performing arts, including instruction in the subjects of dance, music, theatre, and visual arts, aimed at the development of aesthetic appreciation and the skills of creative expression.\n(6) Health, including instruction in the principles and practices of individual, family, and community health.\n(7) Physical education, with emphasis upon the physical activities for the pupils that may be conducive to health and vigor of body and mind, for a total period of time of not less than 200 minutes each 10 schooldays, exclusive of recesses and the lunch period.\n(8) Other studies that may be prescribed by the governing board.\n(b) (1) A complaint that a school district or county superintendent of schools has not complied with the instructional minute requirements of paragraph (7) of subdivision (a) may be filed with a school district or county superintendent of schools 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.\n(2) A complainant not satisfied with the decision of a school district or county superintendent of schools 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 appeal decision within 60 days of the department\u2019s receipt of the appeal.\n(3) If a school district or county superintendent of schools finds merit in a complaint, or the Superintendent finds merit in an appeal, the school district or county superintendent of schools shall provide a remedy to all affected pupils, parents, and guardians.\n(c) The Legislature finds and declares that neither the original provisions of this section, nor any subsequent amendments to it, were intended to create a private right of action. However, nothing in this subdivision shall restrict or expand the existing right of any party to seek relief from noncompliance with this section pursuant to a writ of mandate.\nSEC. 2.\nSection 51223 of the Education Code is amended to read:\n51223.\n(a) Notwithstanding Sections 51210 and 51222, instruction in physical education in an elementary school maintaining any of grades 1 to 8, inclusive, shall be for a total period of time of not less than 200 minutes each 10 schooldays, exclusive of recesses and the lunch period.\n(b) (1) A complaint that a school district or county superintendent of schools has not complied with the instructional minute requirements of subdivision (a) may be filed with a school district or county superintendent of schools 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.\n(2) A complainant not satisfied with the decision of a school district or county superintendent of schools 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 appeal decision within 60 days of the department\u2019s receipt of the appeal.\n(3) If a school district or county superintendent of schools finds merit in a complaint, or the Superintendent finds merit in an appeal, the school district or county superintendent of schools shall provide a remedy to all affected pupils, parents, and guardians.\n(c) The Legislature finds and declares that neither the original provisions of this section, nor any subsequent amendments to it, were intended to create a private right of action. However, nothing in this subdivision shall restrict or expand the existing right of any party to seek relief from noncompliance with this section pursuant to a writ of mandate.\nSEC. 3.\nIf 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.\nSEC. 4.\nThis 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:\nIn order to protect California public schools from unnecessary lawsuits that take funds away from our classrooms, it is necessary for this bill to take effect immediately.","title":""}
{"_id":"c184","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 1797.172 of the Health and Safety Code is amended to read:\n1797.172.\n(a) The authority shall develop and, after approval by the commission pursuant to Section 1799.50, adopt minimum standards for the training and scope of practice for EMT-P.\n(b) The approval of the director, in consultation with a committee of local EMS medical directors named by the EMS Medical Directors Association of California, is required prior to implementation of any addition to a local optional scope of practice for EMT-Ps proposed by the medical director of a local EMS agency.\n(c) Notwithstanding any other\nprovision of\nlaw, the authority shall be the agency solely responsible for licensure and licensure renewal of EMT-Ps who meet the standards and are not precluded from licensure\nbecause of any of the reasons listed in\npursuant to\nsubdivision\n(d)\n(i)\nof Section 1798.200. Each application for licensure or licensure renewal shall require the applicant\u2019s social security number in order to establish the identity of the applicant. The information obtained as a result of a state and federal level criminal offender record information search shall be used in accordance with Section 11105 of the Penal Code, and to determine whether the applicant is subject to denial of licensure or licensure renewal pursuant to this division. Submission of fingerprint images to the Department of Justice may not be required for licensure renewal upon determination by the authority that fingerprint images have previously been submitted to the Department of Justice during initial licensure, or a previous licensure renewal, provided that the license has not lapsed and the applicant has resided continuously in the state since the initial licensure.\n(d) The authority shall charge fees for the licensure and licensure renewal of EMT-Ps in an amount sufficient to support the authority\u2019s licensure program at a level that ensures the qualifications of the individuals licensed to provide quality care. The basic fee for licensure or licensure renewal of an EMT-P shall not exceed one hundred twenty-five dollars ($125) until the adoption of regulations that specify a different amount that does not exceed the authority\u2019s EMT-P licensure, license renewal, and enforcement programs. The authority shall annually evaluate fees to determine if the fee is sufficient to fund the actual costs of the authority\u2019s licensure, licensure renewal, and enforcement programs. If the evaluation shows that the fees are excessive or are insufficient to fund the actual costs of the authority\u2019s EMT-P licensure, licensure renewal, and enforcement programs, then the fees shall be adjusted accordingly through the rulemaking process described in the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). Separate additional fees may be charged, at the option of the authority, for services that are not shared by all applicants for licensure and licensure renewal, including, but not limited to, any of the following services:\n(1) Initial application for licensure as an EMT-P.\n(2) Competency testing, the fee for which shall not exceed thirty dollars ($30), except that an additional fee may be charged for the cost of\nany\nservices that provide enhanced availability of the exam for the convenience of the EMT-P,\nsuch as\nincluding, but not limited to,\non-demand electronic testing.\n(3) Fingerprint and criminal record check. The applicant shall, if applicable according to subdivision (c), submit fingerprint images and related information for criminal offender record information searches with the Department of Justice and the Federal Bureau of Investigation.\n(4) Out-of-state training equivalency determination.\n(5) Verification of continuing education for a lapse in licensure.\n(6) Replacement of a lost licensure card. The fees charged for individual services shall be set so that the total fees charged to EMT-Ps shall not exceed the authority\u2019s actual total cost for the EMT-P licensure program.\n(e) The authority may provide nonconfidential, nonpersonal information relating to EMS programs to interested persons upon request, and may establish and assess fees for the provision of this information. These fees shall not exceed the costs of providing the information.\n(f) At the option of the authority, fees may be collected for the authority by an entity that contracts with the authority to provide any of the services associated with the EMT-P program. All fees collected for the authority in a calendar month by\nany\nan\nentity designated by the authority pursuant to this section to collect fees for the authority shall be transmitted to the authority for deposit into the Emergency Medical Services Personnel Fund within 30 calendar days following the last day of the calendar month in which the fees were received by the designated entity, unless the contract between the entity and the authority specifies a different timeframe.","title":""}
{"_id":"c197","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 19227 of the Food and Agricultural Code is amended to read:\n19227.\n(a) In addition to the license fee required pursuant to Section 19225, the department may charge each licensed renderer and collection center an additional fee necessary to cover the reasonable costs of administering Article 6 (commencing with Section 19300) and Article 6.5 (commencing with Section 19310). The additional fees authorized to be imposed by this section may not exceed ten thousand dollars ($10,000) per year per each licensed rendering plant or collection center.\n(b) The secretary may, based upon the findings and recommendation of the Rendering Industry Advisory Board, determine the additional fee amounts necessary to provide the revenue needed to carry out the provisions of this chapter specified in subdivision (a). The secretary and the Rendering Industry Advisory Board shall not exceed the maximum amount for additional fees authorized pursuant to subdivision (a). Setting the additional fee or fees shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The secretary shall only have the authority to raise an additional fee pursuant to this section upon recommendation of the Rendering Industry Advisory Board.\n(c) The secretary shall fix the additional fee amounts established pursuant to this section and may fix different fees for renderers and collection centers. If an additional fee is imposed on licensed renderers pursuant to subdivision (a) and an additional fee is imposed on registered transporters pursuant to subdivision (a) of Section 19315, only one additional fee may be imposed on a person or firm that is both licensed as a renderer pursuant to Article 6 (commencing with Section 19300) and registered as a transporter of inedible kitchen grease pursuant to Article 6.5 (commencing with Section 19310), which fee shall be the higher of the two fees.\n(d) If the additional fee established pursuant to this section is not paid within one calendar month of the date it is due, a penalty shall be imposed in the amount of 10 percent per annum on the amount of the unpaid fee.\n(e) This section shall become inoperative on July 1, 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.\nSEC. 2.\nSection 19312 of the Food and Agricultural Code is amended to read:\n19312.\n(a) Registration shall be made with the department and shall include all of the following:\n(1) The applicant\u2019s name and address.\n(2) A description of the operations to be performed by the applicant.\n(3) The vehicles to be used in the transportation.\n(4) A registration fee not to exceed two hundred fifty dollars ($250).\n(5) A list of the names of the drivers employed by the transporter who transport inedible kitchen grease subject to this article and their drivers\u2019 license numbers.\n(6) Any other information that may be required by the department.\n(b) Any renderer or collection center that registers pursuant to this article is not required to pay the fee prescribed in this section.\n(c) The department may refuse to issue an original or renewal registration certificate to an applicant for either of the following reasons:\n(1) The existence of the grounds specified in subdivisions (a) to (e), inclusive, of Section 19314.\n(2) A failure to pay, in full by the established due date, any penalty levied by the department for a previous violation of this article or Article 6 (commencing with Section 19300).\n(d) (1) The applicant may appeal the decision of the department to refuse to register the applicant.\n(2) The department shall establish procedures for the appeals process, to include a noticed hearing.\n(3) The department may reverse a decision to refuse to register the applicant, upon a finding of good cause to do so.\n(e) The department shall adopt regulations that specify the maximum time period for which a refusal of registrations may be imposed, based on the severity or the number of violations that are the basis of the department\u2019s action. The time period for the refusal of registration shall not exceed three years from the date the refusal of registration is imposed.\nSEC. 3.\nSection 19315 of the Food and Agricultural Code is amended to read:\n19315.\n(a) Except as provided in subdivision (c), in addition to the registration fee required by Section 19312, the department may charge a fee necessary to cover the costs of administering this article. Any additional fee charged pursuant to this section shall not exceed five hundred dollars ($500) per year per vehicle that is operated to transport kitchen grease, and shall not exceed ten thousand dollars ($10,000) per year per registered transporter.\n(b) The secretary may, based upon the findings and recommendation of the Rendering Industry Advisory Board, determine the specific fee per vehicle necessary to provide the revenue needed to carry out the provisions of this article. The secretary and the Rendering Industry Advisory Board shall not exceed the maximum fee amounts established by this section. Setting the fee amounts authorized pursuant to subdivision (a) shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The secretary shall only have the authority to raise an additional fee pursuant to this section upon recommendation of the Rendering Industry Advisory Board.\n(c) An individual registered pursuant to this article who transports inedible kitchen grease for his or her own personal, noncommercial use as an alternative fuel is exempt from 75 percent of the fee charged pursuant to subdivision (a), and shall meet all of the following requirements:\n(1) The individual shall meet all other requirements of this article.\n(2) The individual shall not transport more than 55 gallons of inedible kitchen grease per load for that purpose, and shall have no more than 165 gallons of inedible kitchen grease in his or her possession or control at any time.\n(3) The individual shall not take any inedible kitchen grease from a container owned by another registered transporter of inedible kitchen grease or from an inedible kitchen grease provider under contract with a registered transporter of inedible kitchen grease or from a container owned by a renderer or collection center.\n(4) The individual shall have a document in his or her possession while transporting inedible kitchen grease signed by the responsible party providing the inedible kitchen grease to the individual at the source of the inedible kitchen grease that provides permission for the inedible kitchen grease to be removed from that site.\n(5) The individual shall specify where the inedible kitchen grease is stored and processed as an alternative fuel, if that address is different from the address included on the registration form for that individual pursuant to Section 19312.\n(6) The individual shall not sell, barter, or trade any inedible kitchen grease.\n(d) The secretary shall fix the additional fees established pursuant to this section and may fix different fees for transporters of inedible kitchen grease and collection centers, and for transporters of interceptor grease. If an additional fee is imposed on licensed renderers pursuant to subdivision (a) of Section 19227 and an additional fee is imposed on registered transporters pursuant to subdivision (a) of this section, only one additional fee may be imposed on a person or firm that is both licensed as a renderer pursuant to Article 6 (commencing with Section 19300) and registered as a transporter of inedible kitchen grease pursuant to this article, which fee shall be the higher of the two fees.\n(e) If the additional fee established pursuant to this section is not paid within one calendar month of the date it is due, a penalty shall be imposed in the amount of 10 percent per annum on the amount of the unpaid fee.\n(f) For purposes of this section, \u201cinterceptor grease\u201d means inedible kitchen grease that is principally derived from food preparation, processing, or waste, and that is removed from a grease trap or grease interceptor.\n(g) This section shall become inoperative on July 1, 2020, and, as of January 1, 2021, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 2021, deletes or extends the dates on which it becomes inoperative and is repealed.","title":""}
{"_id":"c353","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 56804 of the Government Code is amended to read:\n56804.\nFor 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:\n(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.\n(b) The direct and indirect costs incurred by the city proposed for disincorporation for current and proposed capital improvements, facilities, assets, and infrastructure.\n(c) The sources of funding, if any, available to the entities proposed to assume the obligations of the city proposed for disincorporation.\n(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.\n(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.\n(f) The revenues of the city proposed for disincorporation during the three fiscal years immediately preceding the initiation of the disincorporation proposal.\n(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.\n(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.\n(i) Any other information and analysis needed to make the findings required by Section 56770.\nSEC. 2.\nSection 56816 of the Government Code is amended to read:\n56816.\n(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:\n(1) The indebtedness of the city.\n(2) The amount of money in the city\u2019s treasury.\n(3) The amount of any tax levy, assessment, or other obligation due to the city that is unpaid or has not been collected.\n(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.\n(b) The city shall provide a written statement identifying the successor agency to the city\u2019s former redevelopment agency, if any, pursuant to Section 34173 of the Health and Safety Code.\nSEC. 3.\nSection 57405 of the Government Code is amended to read:\n57405.\nIf 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.\nSEC. 4.\nSection 57412 of the Government Code is amended to read:\n57412.\nThe 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.\nSEC. 5.\nIf 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.","title":""}
{"_id":"c55","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nIt is the intent of the Legislature that the California Alternative Energy and Advanced Transportation Financing Authority approve project applications pursuant to Section 26011.8 of the Public Resources Code on a competitive basis.\nSEC. 2.\nSection 26004 of the Public Resources Code is amended to read:\n26004.\n(a) There is in the state government the California Alternative Energy and Advanced Transportation Financing Authority. The authority constitutes a public instrumentality and the exercise by the authority of powers conferred by this division is the performance of an essential public function.\n(b) The authority shall consist of\nfive\nseven\nmembers, as follows:\n(1) The Director of Finance.\n(2) The Chairperson of the State Energy Resources Conservation and Development Commission.\n(3) The President of the Public Utilities Commission.\n(4) The Controller.\n(5) The Treasurer, who shall serve as the chairperson of the authority.\n(6) One state legislator appointed by the Senate Committee on Rules who shall serve as a nonvoting member.\n(7) One state legislator appointed by the Speaker of the Assembly who shall serve as a nonvoting member.\n(c) The members listed in paragraphs (1) to (5), inclusive, of subdivision (b) may each designate a deputy or clerk in his or her agency to act for and represent the member at all meetings of the authority.\n(d) The first meeting of the authority shall be convened by the Treasurer.\nSECTION 1.\nSEC. 3.\nSection 26011.8 of the Public Resources Code is amended to read:\n26011.8.\n(a) The purpose of this section is to promote the creation of California-based manufacturing, California-based jobs, advanced manufacturing, the reduction of greenhouse gases, or reductions in air and water pollution or energy consumption. In furtherance of this purpose, the authority may approve a project for financial assistance in the form of the sales and use tax exclusion established in Section 6010.8 of the Revenue and Taxation Code.\n(b) For purposes of this section, the following terms have the following meanings:\n(1) \u201cProject\u201d means tangible personal property if at least 50 percent of its use is either to process recycled feedstock that is intended to be reused in the production of another product or using recycled feedstock in the production of another product or soil amendment, or tangible personal property that is used in the state for the design, manufacture, production, or assembly of advanced manufacturing, advanced transportation technologies, or alternative source products, components, or systems, as defined in Section 26003. \u201cProject\u201d does not include tangible personal property that processes or uses recycled feedstock in a manner that would constitute disposal as defined in subdivision (b) of Section 40192.\n(2) \u201cRecycled feedstock\u201d means materials that would otherwise be destined for disposal, having completed their intended end use and product lifecycle.\n(3) \u201cSoil amendments\u201d may include \u201ccompost,\u201d as defined in Section 14525 of the Food and Agricultural Code, \u201cfertilizing material,\u201d as defined in Section 14533 of the Food and Agricultural Code, \u201cgypsum\u201d or \u201cphosphatic sulfate gypsum,\u201d as those terms are defined in Section 14537 of the Food and Agricultural Code, or a substance distributed for the purpose of promoting plant growth or improving the quality of crops by conditioning soils through physical means.\n(c) The authority shall publish notice of the availability of project applications and deadlines for submission of project applications to the authority.\n(d) The authority shall evaluate project applications based upon all of the following criteria:\n(1) The extent to which the project develops manufacturing facilities, or purchases equipment for manufacturing facilities, located in California.\n(2) The extent to which the anticipated benefit to the state from the project equals or exceeds the projected benefit to the participating party from the sales and use tax exclusion.\n(3) The extent to which the project will create new, permanent jobs in California.\n(4) To the extent feasible, the extent to which the project, or the product produced by the project, results in a reduction of greenhouse gases, a reduction in air or water pollution, an increase in energy efficiency, or a reduction in energy consumption, beyond what is required by federal or state law or regulation.\n(5) The extent of unemployment in the area in which the project is proposed to be located.\n(6) Any other factors the authority deems appropriate in accordance with this section.\n(e) At a duly noticed public hearing, the authority shall approve, by resolution, project applications for financial assistance.\n(f) Notwithstanding subdivision (j), and without regard to the actual date of any transaction between a participating party and the authority, any project approved by the authority by resolution for the sales and use tax exclusion pursuant to Section 6010.8 of the Revenue and Taxation Code before March 24, 2010, shall not be subject to this section.\n(g) The Legislative Analyst\u2019s Office shall report to the Joint Legislative Budget Committee on the effectiveness of this program, on or before January 1, 2019, by evaluating factors, including, but not limited to, the following:\n(1) The number of jobs created by the program in California.\n(2) The number of businesses that have remained in California or relocated to California as a result of this program.\n(3) The amount of state and local revenue and economic activity generated by the program.\n(4) The types of advanced manufacturing, as defined in paragraph (1) of subdivision (a) of Section 26003, utilized.\n(5) The amount of reduction in greenhouse gases, air pollution, water pollution, or energy consumption.\n(h) (1) The exclusions granted pursuant to Section 6010.8 of the Revenue and Taxation Code for projects approved by the authority pursuant to this section shall not exceed\ntwo\none\nhundred million dollars\n($200,000,000)\n($100,000,000)\nfor each calendar year.\n(2) If less than\ntwo\none\nhundred million dollars\n($200,000,000)\n($100,000,000)\nis excluded pursuant to Section 6010.8 of the Revenue and Taxation Code in a calendar year, the unallocated portion of that\ntwo\none\nhundred million dollars\n($200,000,000)\n($100,000,000)\nmay be granted the following calendar year, in excess of the following year\u2019s\ntwo-hundred-million-dollar ($200,000,000)\none-hundred-million-dollar ($100,000,000)\nmaximum. The unallocated amount for a particular calendar year shall not roll over more than one calendar year.\n(i) (1) The authority shall study the efficacy and cost benefit of the sales and use tax exemption as it relates to advanced manufacturing projects. The study shall include the number of jobs created, the costs of each job, and the annual salary of each job. The study shall also consider a dynamic analysis of the economic output to the state that would occur without the sales and use tax exemption. Before January 1, 2017, the authority shall submit to the Legislature, consistent with Section 9795 of the Government Code, the result of the study.\n(2) Before January 1, 2015, the authority shall, consistent with Section 9795 of the Government Code, submit to the Legislature an interim report on the efficacy of the program conducted pursuant to this section. The study shall include recommendations on program changes that would increase the program\u2019s efficacy in creating permanent and temporary jobs, and whether eligibility for the program should be extended or narrowed to other manufacturing types. The authority may work with the Legislative Analyst\u2019s Office in preparing the report and its recommendations.\n(j) This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2021, deletes or extends that date. The sale or purchase of tangible personal property of a project approved before January 1, 2021, shall continue to be excluded from sales and use taxes pursuant to Section 6010.8 of the Revenue and Taxation Code for the period of time set forth in the authority\u2019s resolution approving the project pursuant to this section.\nSEC. 2.\nThis act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect.","title":""}
{"_id":"c44","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nChapter 2.92 (commencing with Section 1001.85) is added to Title 6 of Part 2 of the Penal Code, to read:\nCHAPTER  2.92. Law Enforcement Assisted Diversion (LEAD) Pilot Program\n1001.85.\n(a) The Law Enforcement Assisted Diversion (LEAD) pilot program is hereby established. The purpose of the LEAD program is to improve public safety and reduce recidivism by increasing the availability and use of social service resources while reducing costs to law enforcement agencies and courts stemming from repeated incarceration.\n(b) LEAD pilot programs shall be consistent with the following principles, implemented to address and reflect the priorities of the community in which the program exists:\n(1) Providing intensive case management services and an individually tailored intervention plan that acts as a blueprint for assisting LEAD participants.\n(2) Prioritizing temporary and permanent housing that includes individualized supportive services, without preconditions of drug or alcohol treatment or abstinence from drugs or alcohol.\n(3) Employing human and social service resources in coordination with law enforcement in a manner that improves individual outcomes and community safety, and promotes community wellness.\n(4) Participation in LEAD services shall be voluntary throughout the duration of the program and shall not require abstinence from drug or alcohol use as a condition of continued participation.\n1001.86.\n(a) The LEAD program shall be administered by the Board of State and Community Corrections.\n(b) The board shall award grants, on a competitive basis, to up to three jurisdictions as authorized by this chapter. The board shall establish minimum standards, funding schedules, and procedures for awarding grants, which shall take into consideration, but not be limited to, all of the following:\n(1) Information from the applicant demonstrating a clear understanding of the program\u2019s purpose and the applicant\u2019s willingness and ability to implement the LEAD program as described in this chapter.\n(2) Key local partners who would be committed to, and involved in, the development and successful implementation of a LEAD program, including, but not limited to, balanced representation from law enforcement agencies, prosecutorial agencies, public defenders and defense counsel, public health and social services agencies, case management service providers, and any other entities identified by the applicant as integral to the successful implementation of a LEAD program in the jurisdiction.\n(3) The jurisdiction\u2019s capacity and commitment to coordinate social services, law enforcement efforts, and justice system decisionmaking processes, and to work to ensure that the discretionary decisions made by each participant in the administration of the program operates in a manner consistent with the purposes of this chapter.\n(c) Successful grant applicants shall collect and maintain data pertaining to the effectiveness of the program as indicated by the board in the request for proposals.\n1001.87.\n(a) LEAD programs funded pursuant to this chapter shall consist of a strategy of effective intervention for eligible participants consistent with the following gateways to services:\n(1) Prebooking referral. As an alternative to arrest, a law enforcement officer may take or refer a person for whom the officer has probable cause for arrest for any of the offenses in subdivision (b) to a case manager to be screened for immediate crisis services and to schedule a complete assessment intake interview. Participation in LEAD diversion shall be voluntary, and the person may decline to participate in the program at any time. Criminal charges based on the conduct for which a person is diverted to LEAD shall not be filed, provided that the person finishes the complete assessment intake interview within a period set by the local jurisdictional partners, but not to exceed 30 days after the referral.\n(2) Social contact referral. A law enforcement officer may refer an individual to LEAD whom he or she believes is at high risk of arrest in the future for any of the crimes specified in subdivision (b), provided that the individual meets the criteria specified in this paragraph and expresses interest in voluntarily participating in the program. LEAD may accept these referrals if the program has capacity after responding to prebooking diversion referrals described in paragraph (1). All social contact referrals to LEAD shall meet the following criteria:\n(A) Verification by law enforcement that the individual has had prior involvement with low-level drug activity or prostitution. Verification shall consist of any of the following:\n(i) Criminal history records, including, but not limited to, prior police reports, arrests, jail bookings, criminal charges, or convictions indicating that he or she was engaged in low-level drug or prostitution activity.\n(ii) Law enforcement has directly observed the individual\u2019s low-level drug or prostitution activity on prior occasions.\n(iii) Law enforcement has a reliable basis of information to believe that the individual is engaged in low-level drug or prostitution activity, including, but not limited to, information provided by another first responder, a professional, or a credible community member.\n(B) The individual\u2019s prior involvement with low-level drug or prostitution activity occurred within the LEAD pilot program area.\n(C) The individual\u2019s prior involvement with low-level drug or prostitution activity occurred within 24 months of the date of referral.\n(D) The individual does not have a pending case in drug court or mental health court.\n(E) The individual is not prohibited, by means of an existing no-contact order, temporary restraining order, or antiharassment order, from making contact with a current LEAD participant.\n(b) The following offenses are eligible for either prebooking diversion, social contact referral, or both:\n(1) Possession for sale or transfer of a controlled substance or other prohibited substance where the circumstances indicate that the sale or transfer is intended to provide a subsistence living or to allow the person to obtain or afford drugs for his or her own consumption.\n(2) Sale or transfer of a controlled substance or other prohibited substance where the circumstances indicate that the sale or transfer is intended to provide a subsistence living or to allow the person to obtain or afford drugs for his or her own consumption.\n(3) Possession of a controlled substance or other prohibited substance.\n(4) Being under the influence of a controlled substance or other prohibited substance.\n(5) Being under the influence of alcohol and a controlled substance or other prohibited substance.\n(6) Prostitution pursuant to subdivision (b) of Section 647.\n1001.88.\n(a) Services provided pursuant to this chapter may include, but are not limited to, case management, housing, medical care, mental health care, treatment for alcohol or substance use disorders, nutritional counseling and treatment, psychological counseling, employment, employment training and education, civil legal services, and system navigation. Grant funding may be used to support any of the following:\n(1) Project management and community engagement.\n(2) Temporary services and treatment necessary to stabilize a participant\u2019s condition, including necessary housing.\n(3) Outreach and direct service costs for services described in this section.\n(4) Civil legal services for LEAD participants.\n(5) Dedicated prosecutorial resources, including for coordinating any nondiverted criminal cases of LEAD participants.\n(6) Dedicated law enforcement resources, including for overtime required for participation in operational meetings and training.\n(7) Training and technical assistance from experts in the implementation of LEAD in other jurisdictions.\n(8) Collecting and maintaining the data necessary for program evaluation.\n(b) The board shall contract with a nonprofit research entity, university, or college to evaluate the effectiveness of the LEAD program. The evaluation design shall include measures to assess the cost-benefit outcomes of LEAD programs compared to booking and prosecution, and may include evaluation elements such as comparing outcomes for LEAD participants to similarly situated offenders who are arrested and booked, the number of jail bookings, total number of jail days, the prison incarceration rate, subsequent felony and misdemeanor arrests or convictions, and costs to the criminal justice and court systems. Savings will be compared to costs of LEAD participation. By January 1, 2020 a report of the findings shall be submitted to the Governor and the Legislature pursuant to Section 9795 of the Government Code.\n(c) The board may contract with experts in the implementation of LEAD in other jurisdictions for the purpose of providing technical assistance to participating jurisdictions.\n(d) The board shall not spend more than 5 percent annually of the moneys allocated to the program for its administrative costs, excluding the contracts authorized in subdivisions (b) and (c).\n1001.89.\nThis chapter shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.\nSECTION 1.\nChapter 2.92 (commencing with Section 1001.85) is added to Title 6 of Part 2 of the\nPenal Code\n, to read:\n2.92.\nLaw Enforcement Assisted Diversion\n1001.85.\n(a)The Board of State and Community Corrections shall approve three counties for the establishment of a Law Enforcement Assisted Diversion (LEAD) pilot program. Interested counties shall submit applications to the board, including information on the manner in which the program will operate in that county, as required by the board.\n(b)LEAD pilot programs shall include both of the following:\n(1)Authorization for designated peace officers to take a person for whom the officer has probable cause for arrest for any of the following offenses to a drug treatment facility or program for treatment, including detoxification and related services in lieu of that arrest:\n(A)Possession for sale or transfer of a controlled substance or other prohibited substance where the circumstances indicate that the sale or transfer is intended to provide a subsistence living or to allow the person to obtain or afford drugs for his or her own consumption.\n(B)Sale or transfer of a controlled substance or other prohibited substance where the circumstances indicate that the sale or transfer is intended to provide a subsistence living or to allow the person to obtain or afford drugs for his or her own consumption.\n(C)Possession of a controlled substance or other prohibited substance.\n(D)Being under the influence of a controlled substance or other prohibited substance.\n(E)Being under the influence of alcohol and a controlled substance or other prohibited substance.\n(2)Authorization for designated peace officers to take a person for whom the officer has probable cause for arrest for prostitution pursuant to subdivision (b) of Section 647, to an agency or entity that will provide services to that person in lieu of that arrest. Services pursuant to this paragraph may include, but are not limited to, housing, medical care, child care, treatment for alcohol or substance abuse, nutritional counseling and treatment, psychological counseling, employment, and employment training and education.\n(c)The Legislature finds and declares that a program similar to the LEAD program has been demonstrated in Seattle, Washington to lower recidivism of participants, increase cooperation by participants in treatment and related programs, and significantly reduce law enforcement and court costs.","title":""}
{"_id":"c483","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nThis act shall be known and may be cited as the Brandon Patrick Water Safety Act.\nSEC. 2.\nArticle 7 (commencing with Section 116090.5) is added to Chapter 5 of Part 10 of Division 104 of the Health and Safety Code, to read:\nArticle  7. Drownings\n116090.5.\n(a) The department shall, by regulation, create a submersion incident report form for the reporting of all statewide drownings or nonfatal drownings for use as required pursuant to this section. The form shall, at a minimum, include all of the following:\n(1) The title, \u201cSubmersion Incident Report Form.\u201d\n(2) A box to be filled in entitled, \u201cBasic Incident Information\u201d to include the date of incident, time of incident, address of incident, and type of dwelling. For the \u201ctype of dwelling,\u201d the form shall include an additional question as to whether the dwelling was a \u201chouse, apartment, or other____ (specify).\u201d\n(3) A box to be filled in entitled, \u201cVictim Information\u201d to include the age and gender of the victim, the victim\u2019s race or ethnicity, where the victim was last seen, the estimated length of time submersed, the type of clothing worn by the victim, whether a flotation device was worn by the victim, and the circumstances that led to the drowning or nonfatal drowning. For those \u201ccircumstances,\u201d the form shall include an additional question as to whether \u201cdrugs, alcohol, trauma, a preexisting condition, or other____ (specify)\u201d led to, or were involved in, the drowning or nonfatal drowning.\n(4) A box to be filled in entitled, \u201cWater Source Information\u201d to include a description of the site of incident, water clarity, water depth, water type, whether there were toys or objects in the water, and, if applicable, whether the pool or spa was built before 1998. For the \u201cwater type,\u201d the form shall include an additional question as to whether the water type was a \u201cpool, spa, lake, river, pond, bathtub, ocean, or other____ (specify).\u201d\n(5) A box to be filled in entitled, \u201cAdult Supervision\u201d to include a description of who the supervisor was at the time of, or prior to, the incident, and whether a child protective services referral was made. For purposes of this paragraph, the form shall also include the following:\n(A) An additional question as to whether the supervisor at the time of incidence was the victim\u2019s \u201cmother, father, babysitter, relative, or other ____ (specify).\u201d\n(B) With regard to whether a child protective services referral has been made, a \u201cYes or No\u201d to be printed, for the person filling out the form to circle.\n(C) The question, \u201cWas submersion witnessed?\u201d\n(D) The question, \u201cWas there a trained lifeguard on duty?\u201d\n(6) A box to be filled in entitled, \u201cBarrier Information\u201d to include whether water barriers, other barriers, or an alarm were present or activated and information on how the water was accessed by the victim. For purposes of this paragraph, the form shall also include the following:\n(A) The question, \u201cWas there a working barrier?\u201d\n(B) The question, \u201cWas there a secondary barrier in working order around the water (or pool)?\u201d\n(C) The question, \u201cWere there other barriers?\u201d\n(7) A box to be filled in entitled, \u201cClasses\/Emergency Preparation\u201d to include whether rescue equipment was near the water, whether cardiopulmonary resuscitation was performed and, if so, by whom, whether the victim ever took swim classes, and whether the victim was dead on the scene. For purposes of this paragraph, the form shall also include the following:\n(A) The question, \u201cWho pulled the victim out of the water?\u201d\n(B) The question, \u201cWas CPR performed?\u201d\n(C) The question, \u201cIf CPR was performed, was the person CPR trained?\u201d\n(D) The question, \u201cIf CPR was performed, what type of CPR was performed? Chest compression only, rescue breathing only, or both?\u201d\n(b) (1) The form created pursuant to subdivision (a) shall be used and completed by\nevery local law enforcement entity, fire department, and any other\nthe\nfirst responder at the scene\n, within 72 hours,\nfor every person who is treated or hospitalized for respiratory distress from submersion or immersion in liquid for which the\nentity, department, or\nfirst responder provides services or investigates. After completion, the form shall be submitted to\nthe department and to\nthe local county health department.\nLocal county health departments shall send aggregated data quarterly to the department.\nThis form is not required for persons rescued and released who do not have signs or symptoms of respiratory distress.\n(2) Based upon the forms received pursuant to paragraph (1), the department and each local county health department shall compile and distribute statistical information on those drownings and nonfatal drownings by posting that information on their Internet Web sites on an annual basis by February 1 of each year.\n(c) The department shall make the form available on its Internet Web site in a manner that allows every city, county, and city and county to download the form and use it as their official form for purposes of subdivision (b).\n(d) Notwithstanding subdivision (c), every city, county, and city and county may also affix its official logo to the form and its official contact information, including, but not limited to, telephone number, facsimile number, or electronic mail address.\n(e) For purposes of this section, the following terms shall have the following meanings:\n(1) \u201cDepartment\u201d means the State Department of Public Health.\n(2) \u201cDrowning\u201d means the process of experiencing respiratory impairment from submersion or immersion in liquid.\n(3) \u201cFirst responder\u201d\nincludes, but is not limited to, any entity that arranges for, or provides, emergency medical services within its boundaries, including lifeguards.\nmeans an authorized registered nurse or mobile intensive care nurse, emergency medical technician-I, emergency medical technician-II, emergency medical technician-paramedic, lifeguard, firefighter, or peace officer, as defined or described by Section 1797.56, 1797.80, 1797.82, 1797.84, 1797.182, or 1797.183, respectively, or a physician and surgeon who provides prehospital emergency medical care or rescue services as an official member of a designated prehospital system.\n(4) \u201cNonfatal drowning\u201d means survival after drowning.\nSEC. 3.\nIf 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.","title":""}
{"_id":"c249","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 261.5 of the Penal Code is amended to read:\n261.5.\n(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 \u201cminor\u201d is a person under 18 years of age and an \u201cadult\u201d is a person who is at least 18 years of age.\n(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.\n(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.\n(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.\n(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\nin a county jail\nfor two years.\n(1) For purposes of this subdivision, a person is in a \u201cposition of authority\u201d if he or she, by reason of that position, is able to exercise undue influence over a minor. A \u201cposition of authority\u201d 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.\n(2) For purposes of this subdivision, \u201cundue influence\u201d 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.\n(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:\n(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).\n(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).\n(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).\n(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).\n(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.\n(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\u2019s ability to pay, and no defendant shall be denied probation because of his or her inability to pay the fine permitted under this subdivision.\nSEC. 2.\nSection 287 is added to the Penal Code, to read:\n287.\n(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.\n(b) For purposes of this section, a person is in a \u201cposition of authority\u201d if he or she, by reason of that position, is able to exercise undue influence over a minor. A \u201cposition of authority\u201d 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.\n(c) For purposes of this section, \u201cundue influence\u201d 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.\nSEC. 3.\nNo reimbursement is required by this act pursuant to Section 6 of Article XIII\u2009B 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\u2009B of the California Constitution.","title":""}
{"_id":"c108","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 1203 of the Penal Code is amended to read:\n1203.\n(a) As used in this code, \u201cprobation\u201d 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, \u201cconditional sentence\u201d 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.\n(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.\n(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.\n(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.\n(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\u2019s 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.\n(D) The probation officer may also include in the report his or her recommendation of both of the following:\n(i) The amount the defendant should be required to pay as a restitution fine pursuant to subdivision (b) of Section 1202.4.\n(ii) Whether the court shall require, as a condition of probation, restitution to the victim or to the Restitution Fund and the amount thereof.\n(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.\nA request for a continuance of the hearing based on a failure to make the report available to the parties within the deadlines specified above may be granted by the court only upon a finding of good cause.\n(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.\n(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.\n(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.\n(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.\n(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:\n(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.\n(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.\n(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.\n(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.\n(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.\n(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:\n(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.\n(B) The person used, or attempted to use, a deadly weapon upon a human being in connection with the perpetration of the previous crime.\n(C) The person willfully inflicted great bodily injury or torture in the perpetration of the previous crime.\n(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.\n(8) Any person who knowingly furnishes or gives away phencyclidine.\n(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.\n(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.\n(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.\n(12) Any person who is convicted of violating Section 8101 of the Welfare and Institutions Code.\n(13) Any person who is described in subdivision (b) or (c) of Section 27590.\n(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.\n(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.\n(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.\n(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.\n(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\u2019s 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\u2019s ability to pay those costs.\nAny 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\u2019s probationary period.\n(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.","title":""}
{"_id":"c442","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nThe Legislature finds and declares all of the following:\n(a) Information and data regarding violent deaths can help provide states and communities with a clearer understanding of violent deaths and therefore lead to better prevention of violent deaths.\n(b) According to the federal Centers for Disease Control and Prevention (CDC), in the United States, violence accounts for approximately 56,000 deaths annually. Violent deaths result from the intentional use of physical force or power against oneself, another person, or a group or community, and include suicide, homicide, and legal intervention deaths. Violence adversely affects all Americans, not only through premature death, but also through medical costs and lost productivity.\n(c) The CDC further notes that the cost of these deaths totaled $47.2 billion: $47 billion in work loss costs and $215 million in medical treatment.\n(d) In 2002, the National Violent Death Reporting System (NVDRS) was established as a surveillance system that pulls together data on violent deaths. NVDRS collects information from death certificates, coroner or medical examiner reports, police reports, and crime laboratories.\n(e) NVDRS data inform decisionmakers and program planners about the magnitude, trends, and characteristics of violent deaths in a particular state or community so appropriate prevention efforts can be identified and implemented, and the data facilitate the evaluation of state-based prevention programs and strategies.\n(f) According to NVDRS, a national system will allow the CDC to provide information for every state to inform their prevention efforts. It will also ensure enhanced information on the national scope of the problem of violent deaths is available to monitor and track trends and to inform national efforts.\nSEC. 2.\nArticle 3 (commencing with Section 131230) is added to Chapter 2 of Part 1 of Division 112 of the Health and Safety Code, to read:\nArticle  3. Electronic Violent Death Reporting System\n131230.\n(a) To the extent that funding is appropriated by the Legislature or available through private funds in each fiscal year, the department shall establish and maintain the California Electronic Violent Death Reporting System.\n(b) The department shall collect data on violent deaths as reported from data sources, including, but not limited to, death certificates, law enforcement reports, and coroner or medical examiner reports. The department shall post on its Internet Web site a summary and analysis of the collected data.\n(c) (1) The department may enter into a contract, grant, or other agreement with a local agency to collect the data specified in subdivision (b) within the agency\u2019s jurisdiction.\n(2) (A) The department may enter into a contract, grant, or other agreement with a local agency to collect the data specified in subdivision (b) from other local agencies if the following conditions are met:\n(i) The local agency entering into the agreement agrees to collect the data from the other local agencies.\n(ii) The local agency entering into the agreement is not responsible for reporting to the department data that have not been made available by the other local agencies.\n(B) The other local agencies described in subparagraph (A) may also enter into their own agreements with the department pursuant to paragraph (1).\n(3) The data collected pursuant to paragraph (1) or (2) shall be limited to data that the local agency entering into the agreement or the other local agencies are authorized to collect within their respective jurisdictions.\n(4) A local agency entering into an agreement pursuant to paragraph (1) or (2) shall collect data based on existing or new data elements required by the California Electronic Violent Death Reporting System only to the extent that resources are made available.\n(d) To the extent that funding is available for this purpose, a law enforcement agency may report to the department data on the circumstances surrounding all violent deaths from investigative reports and, if available, laboratory toxicology reports to be used by the department for the limited purpose of conducting public health surveillance and epidemiology. Aggregate data shall be public, but individual identifying information shall remain confidential. The collected data shall be based on the data elements of the federal Centers for Disease Control and Prevention\u2019s National Violent Death Reporting System.\n(e) The department may apply for grants provided under the National Violent Death Reporting System for purposes of implementing this section.\n(f) The department may accept private or foundation moneys to implement this section.\n(g) This section does not limit data sources that the department may collect, which may include any public agency document that may contain data on violent deaths.\n131231.\nFor purposes of this article, \u201cviolent death\u201d means a death resulting from the use of physical force or power against oneself, another person, or a group or community, and includes, but is not limited to, homicide, suicide, legal intervention deaths, unintentional firearm deaths, and undetermined intent deaths.","title":""}
{"_id":"c20","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nArticle 1.5 (commencing with Section 6033) is added to Chapter 5 of Title 7 of Part 3 of the Penal Code, to read:\nArticle  1.5. Criminal Justice Reinvestment Assessment Grant Program of 2016\n6033.\nThis article shall be known, and may be cited, as the Criminal Justice Reinvestment Assessment Grant Program of 2016.\n6033.2.\nThe Legislature finds and declares all of the following:\n(a) The Legislature is committed to reducing recidivism among criminal offenders, ensuring that local governments have adequate funding to achieve this goal, and facilitating the responsible implementation of the criminal justice policies contained in the 2011 Realignment Legislation addressing public safety.\n(b) By enacting the 2011 Realignment Legislation addressing public safety, the Legislature affirmed its commitment to justice reinvestment and stated that the purpose of justice reinvestment is to manage criminal justice populations more cost effectively, generating savings that can be reinvested in evidence-based strategies that increase public safety while holding offenders accountable.\n(c) The 2011 Realignment Legislation addressing public safety represents a significant shift of responsibilities. However, the quick and unanticipated nature of the passage of this legislation, in combination with broad county discretion in its implementation, offers a unique opportunity to identify best practices in community corrections and the impacts of correctional decentralization.\n(d) The 2011 Realignment Legislation addressing public safety did not require counties to collect data on outcome measures, nor did it provide specific resources for data collection that if adequately funded and properly implemented would allow policymakers, researchers, stakeholders, and counties to take advantage of the historic opportunity to study and evaluate the changing felon population and the strategies and interventions that counties employ to reduce recidivism.\n(e) The Bureau of State Audits\u2019 September 2013 High Risk report identified the 2011 realignment of criminal justice responsibilities between the state and counties as a \u201chigh-risk\u201d policy, citing a lack of \u201creliable and meaningful realignment data to ensure [the state\u2019s] ability to effectively monitor progress toward achieving intended realignment goals.\u201d\n(f) The Department of Corrections and Rehabilitation published a document in April 2012 entitled \u201cThe Future of California Corrections,\u201d sometimes referred to as the \u201cCorrections Blueprint\u201d or the \u201cBlueprint,\u201d detailing the department\u2019s plan to implement the 2011 Realignment Legislation, address public safety, and save billions of dollars. The Department of Finance and the Department of Corrections and Rehabilitation published a report in January 2016 entitled \u201cAn Update to the Future of California Corrections,\u201d which indicated that after making certain specified adjustments the Governor\u2019s proposed budget for the Department of Corrections and Rehabilitation for the 2016\u201317 fiscal year is one billion three hundred million dollars ($1,300,000,000) less than the pre-Realignment, pre-Blueprint multi-year forecast for the Department of Corrections and Rehabilitation for the same fiscal year. It is the intent of the Legislature to reinvest some or all of these savings in programs that reduce criminal recidivism, including a program to establish and implement reporting systems that are necessary to facilitate the identification and expansion of programs that provide proven evidence-based local programming opportunities for the successful reintegration of offenders into society.\n6033.4.\n(a) The Criminal Justice Reinvestment Assessment Grant Program of 2016, which is hereby established, shall be administered by the Board of State and Community Corrections for the purpose of establishing and implementing reporting systems to identify and expand programs that provide proven, evidence-based, local programming opportunities for the successful reintegration of offenders into society. The board shall award grants to assist counties with the creation or expansion of infrastructure that allows each county to consistently collect and report criminal justice information as required by Sections 6033.10 and 6033.12.\n(b) For purposes of this article, \u201cboard\u201d means the Board of State and Community Corrections.\n6033.6.\n(a) On or before June 1, 2016, each local community corrections partnership established pursuant to Section 1230 shall report to the board on the county\u2019s capacity to collect and report the data required by Sections 6033.10 and 6033.12. The report shall include a local plan that identifies the additional resources necessary for that county to consistently collect and report criminal justice information as required by Sections 6033.10 and 6033.12.\n(b) The board shall review each assessment submitted pursuant to subdivision (a) and shall prioritize and award grants pursuant to Section 6033.8. Funding shall be used to supplement, rather than supplant, existing programs. Grant funds shall be used for programs that are identified in the local plan submitted pursuant to subdivision (a).\n(c) The board shall submit to the Legislature on or before June 15, 2016, a report detailing the estimated need, cost, and schedule for each county to consistently collect and report criminal justice information as required by Sections 6033.10 and 6033.12. The report shall be submitted in compliance with Section 9795 of the Government Code.\n6033.8.\n(a) The board shall establish minimum standards, funding schedules, and procedures for awarding grants, which shall take into consideration, but not be limited to, all of the following:\n(1) Size of the county.\n(2) Demonstrated efforts to report data prior to January 1, 2017.\n(3) Demonstrated ability to report data prior to January 1, 2017.\n(b) The board shall give preference to counties that have demonstrated efforts to independently collect data on a countywide basis.\n6033.10.\n(a) On or before January 1, 2017, and annually each year thereafter, each county shall report specified data to the board in a format prescribed by the board. The board shall specify and define minimum required reporting which shall include, but not be limited to, the following for each individual sentenced pursuant to subdivision (h) of Section 1170:\n(1) Individual identifiers.\n(2) County identifiers.\n(3) Date of birth.\n(4) Gender.\n(5) Race or ethnicity.\n(6) Age at first arrest.\n(7) Conviction offense.\n(8) Sanction or sentence received.\n(9) Total jail time served.\n(10) Release status.\n(11) Violations of probation.\n(12) Rearrests.\n(13) Reconvictions.\n(14) Any other return to custody.\n(15) Use of flash incarceration.\n(16) Assessed risk level.\n(17) Participation in pretrial programs.\n(18) Participation in specialty court.\n(19) Participation in day reporting release programs.\n(20) Participation in electronic monitoring programs.\n(21) Participation in community service release programs.\n(22) Participation in work release programs.\n(23) Participation in intensive probation supervision.\n(24) Needs assessment.\n(25) Any reentry programming provided.\n(26) Participation in cognitive behavioral therapy.\n(27) Participation in mental health treatment.\n(28) Participation in substance abuse treatment.\n(29) Participation in gender-specific programming.\n(30) Participation in family programming.\n(31) Any health care assistance provided.\n(32) Any housing assistance provided.\n(33) Any income support provided.\n(34) Any employment assistance provided.\n(35) Any vocational training assistance provided.\n(36) Any educational enrollment assistance provided.\n(37) Any mentoring programming provided.\n(38) Any peer support programming provided.\n(b) The board shall compile the local reports and, by May 15, 2017, and, notwithstanding Section 10231.5 of the Government Code, by May 15 of each year thereafter, make a report to the Governor and the Legislature that summarizes the data reported by the counties pursuant to subdivision (a). The report submitted to the Legislature shall be submitted in compliance with Section 9795 of the Government Code.\n6033.12.\n(a) On or before January 1, 2017, and annually each year thereafter, each county shall provide specified data to the board in a format prescribed by the board. The board shall specify and define minimum required reporting which shall include, but not be limited to, the following for each individual supervised pursuant to Section 3451:\n(1) Violations of postrelease community supervision.\n(2) Rearrests.\n(3) Reconvictions.\n(4) Any other return to custody.\n(5) Use of flash incarceration.\n(6) Participation in intensive probation supervision.\n(7) Any reentry programming provided.\n(8) Participation in cognitive behavioral therapy and whether the individual has completed or failed to complete the therapy\u2019s requirements.\n(9) Participation in mental health treatment and whether the individual has completed or failed to complete the treatment\u2019s requirements.\n(10) Participation in substance abuse treatment and whether the individual has completed or failed to complete the treatment\u2019s requirements.\n(11) Participation in gender-specific programming.\n(12) Participation in family programming.\n(13) Any health care assistance provided.\n(14) Any housing assistance provided.\n(15) Any income support provided.\n(16) Any employment assistance provided.\n(17) Any vocational training assistance provided.\n(18) Any educational enrollment assistance provided.\n(19) Any mentoring programming provided.\n(20) Any peer support programming provided.\n(b) The board shall compile the local reports and, by May 15, 2017, and, notwithstanding Section 10231.5 of the Government Code, by May 15 of each year thereafter, make a report to the Governor and the Legislature that summarizes the data reported by the counties pursuant to subdivision (a). The report submitted to the Legislature shall be submitted in compliance with Section 9795 of the Government Code.\n6033.14.\n(a) The amount of ____ dollars ($____) is hereby appropriated from the General Fund to the board for the 2016\u221217 fiscal year for the purpose of implementing this article.\n(b) The board may award up to the amount of the appropriation, less the board\u2019s administrative costs, not to exceed 5 percent of the total grant funding awarded statewide, as individual grants not exceeding ____to counties to assist in establishing data reporting systems that will allow a county to consistently collect and report criminal justice information as required by Sections 6033.10 and 6033.12.\nSEC. 2.\nIf 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.\nSEC. 3.\nThis 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:\nIn order to ensure that relevant data pertaining to the 2011 Realignment Legislation addressing public safety are collected and reported as soon as possible to allow stakeholders to measure the effectiveness of this landmark change in public safety policy, it is necessary that this bill go into immediate effect.\nSECTION 1.\nSection 487 of the\nPenal Code\nis amended to read:\n487.\nGrand theft is theft committed in any of the following cases:\n(a)When the money, labor, or real or personal property taken is of a value exceeding nine hundred fifty dollars ($950), except as provided in subdivision (b).\n(b)Notwithstanding subdivision (a), grand theft is committed in any of the following cases:\n(1)(A)When domestic fowls, avocados, olives, citrus or deciduous fruits, other fruits, vegetables, nuts, artichokes, or other farm crops are taken of a value exceeding two hundred fifty dollars ($250).\n(B)For the purposes of establishing that the value of domestic fowls, avocados, olives, citrus or deciduous fruits, other fruits, vegetables, nuts, artichokes, or other farm crops under this paragraph exceeds two hundred fifty dollars ($250), the value may be shown by the presentation of credible evidence that establishes that on the day of the theft domestic fowls, avocados, olives, citrus or deciduous fruits, other fruits, vegetables, nuts, artichokes, or other farm crops of the same variety and weight exceeded two hundred fifty dollars ($250) in wholesale value.\n(2)When fish, shellfish, mollusks, crustaceans, kelp, algae, or other aquacultural products are taken from a commercial or research operation which is producing that product, of a value exceeding two hundred fifty dollars ($250).\n(3)Where the money, labor, or real or personal property is taken by a servant, agent, or employee from his or her principal or employer and aggregates nine hundred fifty dollars ($950) or more in any 12 consecutive month period.\n(c)When the property is taken from the person of another.\n(d)When the property taken is any of the following:\n(1)An automobile.\n(2)A firearm.","title":""}
{"_id":"c276","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 30515 of the Penal Code is amended to read:\n30515.\n(a) Notwithstanding Section 30510, \u201cassault weapon\u201d also means any of the following:\n(1) A semiautomatic, centerfire rifle that does not have a fixed magazine but has any one of the following:\n(A) A pistol grip that protrudes conspicuously beneath the action of the weapon.\n(B) A thumbhole stock.\n(C) A folding or telescoping stock.\n(D) A grenade launcher or flare launcher.\n(E) A flash suppressor.\n(F) A forward pistol grip.\n(2) A semiautomatic, centerfire rifle that has a fixed magazine with the capacity to accept more than 10 rounds.\n(3) A semiautomatic, centerfire rifle that has an overall length of less than 30 inches.\n(4) A semiautomatic pistol that does not have a fixed magazine but has any one of the following:\n(A) A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer.\n(B) A second handgrip.\n(C) A shroud that is attached to, or partially or completely encircles, the barrel that allows the bearer to fire the weapon without burning the bearer\u2019s hand, except a slide that encloses the barrel.\n(D) The capacity to accept a detachable magazine at some location outside of the pistol grip.\n(5) A semiautomatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds.\n(6) A semiautomatic shotgun that has both of the following:\n(A) A folding or telescoping stock.\n(B) A pistol grip that protrudes conspicuously beneath the action of the weapon, thumbhole stock, or vertical handgrip.\n(7) A semiautomatic shotgun that has the ability to accept a detachable magazine.\n(8) Any shotgun with a revolving cylinder.\n(b) For purposes of this section, \u201cfixed magazine\u201d means an ammunition feeding device contained in, or permanently attached to, a firearm in such a manner that the device cannot be removed without disassembly of the firearm action.\n(c) The Legislature finds a significant public purpose in exempting from the definition of \u201cassault weapon\u201d pistols that are designed expressly for use in Olympic target shooting events. Therefore, those pistols that are sanctioned by the International Olympic Committee and by USA Shooting, the national governing body for international shooting competition in the United States, and that were used for Olympic target shooting purposes as of January 1, 2001, and that would otherwise fall within the definition of \u201cassault weapon\u201d pursuant to this section are exempt, as provided in subdivision (d).\n(d) \u201cAssault weapon\u201d does not include either of the following:\n(1) Any antique firearm.\n(2) Any of the following pistols, because they are consistent with the significant public purpose expressed in subdivision (c):\nMANUFACTURER\nMODEL\nCALIBER\nBENELLI\nMP90\n.22LR\nBENELLI\nMP90\n.32 S&W LONG\nBENELLI\nMP95\n.22LR\nBENELLI\nMP95\n.32 S&W LONG\nHAMMERLI\n280\n.22LR\nHAMMERLI\n280\n.32 S&W LONG\nHAMMERLI\nSP20\n.22LR\nHAMMERLI\nSP20\n.32 S&W LONG\nPARDINI\nGPO\n.22 SHORT\nPARDINI\nGP-SCHUMANN\n.22 SHORT\nPARDINI\nHP\n.32 S&W LONG\nPARDINI\nMP\n.32 S&W LONG\nPARDINI\nSP\n.22LR\nPARDINI\nSPE\n.22LR\nWALTHER\nGSP\n.22LR\nWALTHER\nGSP\n.32 S&W LONG\nWALTHER\nOSP\n.22 SHORT\nWALTHER\nOSP-2000\n.22 SHORT\n(3) The Department of Justice shall create a program that is consistent with the purposes stated in subdivision (c) to exempt new models of competitive pistols that would otherwise fall within the definition of \u201cassault weapon\u201d pursuant to this section from being classified as an assault weapon. The exempt competitive pistols may be based on recommendations by USA Shooting consistent with the regulations contained in the USA Shooting Official Rules or may be based on the recommendation or rules of any other organization that the department deems relevant.\nSEC. 2.\nSection 30680 is added to the Penal Code, to read:\n30680.\nSection 30605 does not apply to the possession of an assault weapon by a person who has possessed the assault weapon prior to January 1, 2017, if all of the following are applicable:\n(a) Prior to January 1, 2017, the person was eligible to register that assault weapon pursuant to subdivision (b) of Section 30900.\n(b) The person lawfully possessed that assault weapon prior to January 1, 2017.\n(c) The person registers the assault weapon by January 1, 2018, in accordance with subdivision (b) of Section 30900.\nSEC. 3.\nSection 30900 of the Penal Code is amended to read:\n30900.\n(a) (1) Any person who, prior to June 1, 1989, lawfully possessed an assault weapon, as defined in former Section 12276, as added by Section 3 of Chapter 19 of the Statutes of 1989, shall register the firearm by January 1, 1991, and any person who lawfully possessed an assault weapon prior to the date it was specified as an assault weapon pursuant to former Section 12276.5, as added by Section 3 of Chapter 19 of the Statutes of 1989 or as amended by Section 1 of Chapter 874 of the Statutes of 1990 or Section 3 of Chapter 954 of the Statutes of 1991, shall register the firearm within 90 days with the Department of Justice pursuant to those procedures that the department may establish.\n(2) Except as provided in Section 30600, any person who lawfully possessed an assault weapon prior to the date it was defined as an assault weapon pursuant to former Section 12276.1, as it read in Section 7 of Chapter 129 of the Statutes of 1999, and which was not specified as an assault weapon under former Section 12276, as added by Section 3 of Chapter 19 of the Statutes of 1989 or as amended at any time before January 1, 2001, or former Section 12276.5, as added by Section 3 of Chapter 19 of the Statutes of 1989 or as amended at any time before January 1, 2001, shall register the firearm by January 1, 2001, with the department pursuant to those procedures that the department may establish.\n(3) The registration shall contain a description of the firearm that identifies it uniquely, including all identification marks, the full name, address, date of birth, and thumbprint of the owner, and any other information that the department may deem appropriate.\n(4) The department may charge a fee for registration of up to twenty dollars ($20) per person but not to exceed the reasonable processing costs of the department. After the department establishes fees sufficient to reimburse the department for processing costs, fees charged shall increase at a rate not to exceed the legislatively approved annual cost-of-living adjustment for the department\u2019s budget or as otherwise increased through the Budget Act but not to exceed the reasonable costs of the department. The fees shall be deposited into the Dealers\u2019 Record of Sale Special Account.\n(b) (1) Any person who, from January 1, 2001, to December 31, 2016, inclusive, lawfully possessed an assault weapon that does not have a fixed magazine, as defined in Section 30515, including those weapons with an ammunition feeding device that can be readily removed from the firearm with the use of a tool, shall register the firearm before January 1, 2018, but not before the effective date of the regulations adopted pursuant to paragraph (5), with the department pursuant to those procedures that the department may establish by regulation pursuant to paragraph (5).\n(2) Registrations shall be submitted electronically via the Internet utilizing a public-facing application made available by the department.\n(3) The registration shall contain a description of the firearm that identifies it uniquely, including all identification marks, the date the firearm was acquired, the name and address of the individual from whom, or business from which, the firearm was acquired, as well as the registrant\u2019s full name, address, telephone number, date of birth, sex, height, weight, eye color, hair color, and California driver\u2019s license number or California identification card number.\n(4) The department may charge a fee in an amount of up to fifteen dollars ($15) per person but not to exceed the reasonable processing costs of the department. The fee shall be paid by debit or credit card at the time that the electronic registration is submitted to the department. The fee shall be deposited in the Dealers\u2019 Record of Sale Special Account to be used for purposes of this section.\n(5) The department shall adopt regulations for the purpose of implementing this subdivision. These regulations are exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).\nSEC. 4.\nNo reimbursement is required by this act pursuant to Section 6 of Article XIII\u2009B 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\u2009B of the California Constitution.","title":""}
{"_id":"c481","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nThe heading of Chapter 4.5 (commencing with Section 630.01) of Title 8 of Part 2 of the Code of Civil Procedure is amended to read:\nCHAPTER  4.5. Voluntary Expedited Jury Trials\nSEC. 2.\nSection 630.03 of the Code of Civil Procedure is amended to read:\n630.03.\n(a) All parties agreeing to participate in an expedited jury trial and, if represented, their counsel, shall sign a proposed consent order granting an expedited jury trial.\n(b) Except as provided in subdivision (d), the agreement to participate in the expedited jury trial process is binding upon the parties, unless either of the following occurs:\n(1) All parties stipulate to end the agreement to participate.\n(2) The court, on its own motion or at the request of a party by noticed motion, finds that good cause exists for the action not to proceed under the rules of this chapter.\n(c) Any agreement to participate in an expedited jury trial under this chapter may be entered into only after a dispute has arisen and an action has been filed.\n(d) The court shall approve the use of an expedited jury trial and any high\/low agreements or other stipulations for an expedited jury trial involving either of the following:\n(1) A self-represented litigant.\n(2) A minor, an incompetent person, or a person for whom a conservator has been appointed.\n(e) The proposed consent order submitted to the court shall include all of the following:\n(1) A preliminary statement that each named party and any insurance carrier responsible for providing coverage or defense on behalf of that party, individually identified in the proposed consent order, have been informed of the rules and procedures for an expedited jury trial and provided with a Judicial Council information sheet regarding expedited jury trials, have agreed to take part in or, in the case of a responsible insurance carrier, not object to, the expedited jury trial process, and have agreed to all the specific provisions set forth in the consent order.\n(2) The parties\u2019 agreement to all of the following:\n(A) That all parties waive all rights to appeal and to move for directed verdict or make any post-trial motions, except as provided in Sections 630.08 and 630.09.\n(B) That each side shall have up to five hours in which to complete voir dire and to present its case.\n(C) That the jury shall be composed of eight or fewer jurors with no alternates.\n(D) That each side shall be limited to three peremptory challenges, unless the court permits an additional challenge in cases with more than two sides as provided in Section 630.04.\n(E) That the trial and pretrial matters will proceed under subparagraphs (A) to (D), inclusive, and, unless the parties expressly agree otherwise in the proposed consent order, under all other provisions in this chapter and in the implementing rules of court.\n(f) The court shall issue the consent order as proposed by the parties, unless the court finds good cause why the action should not proceed through the expedited jury trial process, in which case the court shall deny the proposed consent order in its entirety.\nSEC. 3.\nSection 630.11 of the Code of Civil Procedure is amended to read:\n630.11.\nThe Judicial Council shall, on or before July 1, 2016, update rules and forms to establish uniform procedures implementing the provisions of this chapter, including, but not limited to, rules for all of the following:\n(a) Additional content of proposed consent orders.\n(b) Pretrial exchanges and submissions.\n(c) Pretrial conferences.\n(d) Presentation of evidence and testimony.\n(e) Any other procedures necessary to implement the provisions of this chapter.\nSEC. 4.\nSection 630.12 of the Code of Civil Procedure is repealed.\nSEC. 5.\nChapter 4.6 (commencing with Section 630.20) is added to Title 8 of Part 2 of the Code of Civil Procedure, to read:\nCHAPTER  4.6. Mandatory Expedited Jury Trials in Limited Civil Cases\n630.20.\n(a) Except as provided in subdivisions (b) and (c), an action or special proceeding treated as a limited civil case pursuant to Article 1 (commencing with Section 85) of Chapter 5.1 of Title 1 of Part 1, including an action or special proceeding initially filed as a limited civil case or remanded as one thereafter, shall be conducted as a mandatory expedited jury trial pursuant to this chapter.\n(b) Either party may opt out of the mandatory expedited jury trial procedures if any of the following criteria is met:\n(1) Punitive damages are sought.\n(2) Damages in excess of insurance policy limits are sought.\n(3) A party\u2019s insurer is providing a legal defense subject to a reservation of rights.\n(4) The case involves a claim reportable to a governmental entity.\n(5) The case involves a claim of moral turpitude that may affect an individual\u2019s professional licensing.\n(6) The case involves claims of intentional conduct.\n(7) The case has been reclassified as unlimited pursuant to Section 403.020.\n(8) The complaint contains a demand for attorney\u2019s fees, unless those fees are sought pursuant to Section 1717 of the Civil Code.\n(9) The judge finds good cause exists for the action not to proceed under the rules of this chapter. Good cause includes, but is not limited to, a showing that a party needs more than five hours to present or defend the action and that the parties have been unable to stipulate to additional time.\n(c) This chapter does not apply to a proceeding in forcible entry or forcible or unlawful detainer.\n(d) A judgment in a limited civil case conducted as a mandatory expedited jury trial may be appealed to the appellate division of the superior court in which the case was tried.\n630.21.\nFor purposes of this chapter:\n(a) \u201cMandatory expedited jury trial\u201d means a jury trial before a reduced jury panel and a judge, conducted pursuant to this chapter.\n(b) \u201cHigh\/low agreement\u201d means a written agreement entered into by the parties that specifies a minimum amount of damages that a plaintiff is guaranteed to receive from the defendant, and a maximum amount of damages that the defendant will be liable for, regardless of the ultimate verdict returned by the jury. Neither the existence of, nor the amounts contained in, any high\/low agreements may be disclosed to the jury.\n630.22.\n(a) The procedures in this chapter and in the implementing rules of court shall apply to mandatory expedited jury trials conducted in limited civil cases, unless the parties agree otherwise, as permitted under subdivision (d) of Section 630.23, and the court so orders.\n(b) Any matters not expressly addressed in this chapter, in the implementing rules of court, or in an agreement authorized by this chapter and the implementing rules, are governed by applicable statutes and rules governing civil actions.\n630.23.\nThe following rules and procedures apply to mandatory expedited jury trials conducted pursuant to this chapter:\n(a) Each side shall have up to five hours in which to complete voir dire and to present its case.\n(b) The jury shall be composed of eight jurors and one alternate, unless the parties have agreed to fewer jurors.\n(c) Each side shall be limited to four peremptory challenges, unless the court permits an additional challenge in cases with more than two sides. If there are more than two parties in a case and more than two sides, as determined by the court under subdivision (c) of Section 231, the parties may request one additional peremptory challenge each, which is to be granted by the court as the interests of justice may require.\n(d) The parties may agree to modify the rules and procedures specified in this chapter and the implementing rules of court, subject to the court\u2019s approval.\n630.24.\nNothing in this chapter is intended to preclude a jury from deliberating as long as needed.\n630.25.\n(a) The rules of evidence apply to mandatory expedited jury trials conducted in limited civil cases, unless the parties stipulate otherwise.\n(b) Any stipulation by the parties to use relaxed rules of evidence shall not be construed to eliminate, or in any way affect, the right of a witness or party to invoke any applicable privilege or other law protecting confidentiality.\n(c) The right to issue subpoenas and notices to appear to secure the attendance of witnesses or the production of documents at trial shall be in accordance with this code.\n630.26.\n(a) A vote of six of the eight jurors is required for a verdict, unless the parties stipulate otherwise.\n(b) The verdict in a limited civil case following a mandatory expedited jury trial case shall be appealable under subdivision (d) of Section 630.20 and subject to any written high\/low agreement or other stipulations concerning the amount of the award agreed upon by the parties.\n630.27.\nAll statutes and rules governing costs and attorney\u2019s fees shall apply in limited civil cases that are conducted as mandatory expedited jury trials, unless the parties stipulate otherwise.\n630.28.\nThe Judicial Council shall, on or before July 1, 2016, adopt rules and forms to establish uniform procedures implementing the provisions of this chapter, including, rules for the following:\n(a) Pretrial exchanges and submissions.\n(b) Pretrial conferences.\n(c) Opt-out procedures pursuant to subdivision (b) of Section 630.20.\n(d) Presentation of evidence and testimony.\n(e) Any other procedures necessary to implement the provisions of this chapter.\n630.29.\nSections 630.20 to 630.27, inclusive, shall become operative on July 1, 2016.\n630.30.\nThis chapter shall remain in effect only until July 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before July 1, 2019, deletes or extends that date.","title":""}
{"_id":"c294","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 399.13 of the Public Utilities Code is amended to read:\n399.13.\n(a) (1) The commission shall direct each electrical corporation to annually prepare a renewable energy procurement plan that includes the matter in paragraph (5), to satisfy its obligations under the renewables portfolio standard. To the extent feasible, this procurement plan shall be proposed, reviewed, and adopted by the commission as part of, and pursuant to, a general procurement plan process. The commission shall require each electrical corporation to review and update its renewable energy procurement plan as it determines to be necessary. The commission shall require all other retail sellers to prepare and submit renewable energy procurement plans that address the requirements identified in paragraph (5).\n(2) Every electrical corporation that owns electrical transmission facilities shall annually prepare, as part of the Federal Energy Regulatory Commission Order 890 process, and submit to the commission, a report identifying any electrical transmission facility, upgrade, or enhancement that is reasonably necessary to achieve the renewables portfolio standard procurement requirements of this article. Each report shall look forward at least five years and, to ensure that adequate investments are made in a timely manner, shall include a preliminary schedule when an application for a certificate of public convenience and necessity will be made, pursuant to Chapter 5 (commencing with Section 1001), for any electrical transmission facility identified as being reasonably necessary to achieve the renewable energy resources procurement requirements of this article. Each electrical corporation that owns electrical transmission facilities shall ensure that project-specific interconnection studies are completed in a timely manner.\n(3) The commission shall direct each retail seller to prepare and submit an annual compliance report that includes all of the following:\n(A) The current status and progress made during the prior year toward procurement of eligible renewable energy resources as a percentage of retail sales, including, if applicable, the status of any necessary siting and permitting approvals from federal, state, and local agencies for those eligible renewable energy resources procured by the retail seller, and the current status of compliance with the portfolio content requirements of subdivision (c) of Section 399.16, including procurement of eligible renewable energy resources located outside the state and within the WECC and unbundled renewable energy credits.\n(B) If the retail seller is an electrical corporation, the current status and progress made during the prior year toward construction of, and upgrades to, transmission and distribution facilities and other electrical system components it owns to interconnect eligible renewable energy resources and to supply the electricity generated by those resources to load, including the status of planning, siting, and permitting transmission facilities by federal, state, and local agencies.\n(C) Recommendations to remove impediments to making progress toward achieving the renewable energy resources procurement requirements established pursuant to this article.\n(4) The commission shall adopt, by rulemaking, all of the following:\n(A) A process that provides criteria for the rank ordering and selection of least-cost and best-fit eligible renewable energy resources to comply with the California Renewables Portfolio Standard Program obligations on a total cost and best-fit basis. This process shall take into account all of the following:\n(i) Estimates of indirect costs associated with needed transmission investments.\n(ii) The cost impact of procuring the eligible renewable energy resources on the electrical corporation\u2019s electricity portfolio.\n(iii) The viability of the project to construct and reliably operate the eligible renewable energy resource, including the developer\u2019s experience, the feasibility of the technology used to generate electricity, and the risk that the facility will not be built, or that construction will be delayed, with the result that electricity will not be supplied as required by the contract.\n(iv) Workforce recruitment, training, and retention efforts, including jobs retained associated with contracting for existing eligible renewable energy resources, the employment growth associated with the construction and operation of eligible renewable energy resources, and goals for recruitment and training of women, minorities, and disabled veterans.\n(v) (I) Estimates of electrical corporation expenses resulting from integrating and operating eligible renewable energy resources, including, but not limited to, any additional wholesale energy and capacity costs associated with integrating each eligible renewable resource.\n(II) No later than December 31, 2015, the commission shall approve a methodology for determining the integration costs described in subclause (I).\n(vi) Consideration of any statewide greenhouse gas emissions limit established pursuant to the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code).\n(vii) Consideration of capacity and system reliability of the eligible renewable energy resource to ensure grid reliability.\n(B) Rules permitting retail sellers to accumulate, beginning January 1, 2011, excess procurement in one compliance period to be applied to any subsequent compliance period. The rules shall apply equally to all retail sellers. In determining the quantity of excess procurement for the applicable compliance period, the commission shall retain the rules adopted by the commission and in effect as of January 1, 2015, for the compliance period specified in subparagraphs (A) to (C), inclusive, of paragraph (1) of subdivision (b) of Section 399.15. For any subsequent compliance period, the rules shall allow the following:\n(i) For electricity products meeting the portfolio content requirements of paragraph (1) of subdivision (b) of Section 399.16, contracts of any duration may count as excess procurement.\n(ii) Electricity products meeting the portfolio content requirements of paragraph (2) or (3) of subdivision (b) of Section 399.16 shall not be counted as excess procurement. Contracts of any duration for electricity products meeting the portfolio content requirements of paragraph (2) or (3) of subdivision (b) of Section 399.16 that are credited towards a compliance period shall not be deducted from a retail seller\u2019s procurement for purposes of calculating excess procurement.\n(iii) If a retail seller notifies the commission that it will comply with the provisions of subdivision (b) for the compliance period beginning January 1, 2017, the provisions of clauses (i) and (ii) shall take effect for that retail seller for that compliance period.\n(C) Standard terms and conditions to be used by all electrical corporations in contracting for eligible renewable energy resources, including performance requirements for renewable generators. A contract for the purchase of electricity generated by an eligible renewable energy resource, at a minimum, shall include the renewable energy credits associated with all electricity generation specified under the contract. The standard terms and conditions shall include the requirement that, no later than six months after the commission\u2019s approval of an electricity purchase agreement entered into pursuant to this article, the following information about the agreement shall be disclosed by the commission: party names, resource type, project location, and project capacity.\n(D) An appropriate minimum margin of procurement above the minimum procurement level necessary to comply with the renewables portfolio standard to mitigate the risk that renewable projects planned or under contract are delayed or canceled. This paragraph does not preclude an electrical corporation from voluntarily proposing a margin of procurement above the appropriate minimum margin established by the commission.\n(5) Consistent with the goal of increasing California\u2019s reliance on eligible renewable energy resources, the renewable energy procurement plan shall include all of the following:\n(A) An assessment of annual or multiyear portfolio supplies and demand to determine the optimal mix of eligible renewable energy resources with deliverability characteristics that may include peaking, dispatchable, baseload, firm, and as-available capacity.\n(B) Potential compliance delays related to the conditions described in paragraph (5) of subdivision (b) of Section 399.15.\n(C) A bid solicitation setting forth the need for eligible renewable energy resources of each deliverability characteristic, required online dates, and locational preferences, if any.\n(D) A status update on the development schedule of all eligible renewable energy resources currently under contract.\n(E) Consideration of mechanisms for price adjustments associated with the costs of key components for eligible renewable energy resource projects with online dates more than 24 months after the date of contract execution.\n(F) An assessment of the risk that an eligible renewable energy resource will not be built, or that construction will be delayed, with the result that electricity will not be delivered as required by the contract.\n(6) In soliciting and procuring eligible renewable energy resources, each electrical corporation shall offer contracts of no less than 10 years duration, unless the commission approves of a contract of shorter duration.\n(7) In soliciting and procuring eligible renewable energy resources for California-based projects, each electrical corporation shall give preference to renewable energy projects that provide environmental and economic benefits to communities afflicted with poverty or high unemployment, or that suffer from high emission levels of toxic air contaminants, criteria air pollutants, and greenhouse gases.\n(8) In soliciting and procuring eligible renewable energy resources, each retail seller shall consider the best-fit attributes of resource types that ensure a balanced resource mix to maintain the reliability of the electrical grid.\n(b) A retail seller may enter into a combination of long- and short-term contracts for electricity and associated renewable energy credits. Beginning January 1, 2021, at least 65 percent of the procurement a retail seller counts toward the renewables portfolio standard requirement of each compliance period shall be from its contracts of 10 years or more in duration or in its ownership or ownership agreements for eligible renewable energy resources.\n(c) The commission shall review and accept, modify, or reject each electrical corporation\u2019s renewable energy resource procurement plan prior to the commencement of renewable energy procurement pursuant to this article by an electrical corporation. The commission shall assess adherence to the approved renewable energy resource procurement plans in determining compliance with the obligations of this article.\n(d) Unless previously preapproved by the commission, an electrical corporation shall submit a contract for the generation of an eligible renewable energy resource to the commission for review and approval consistent with an approved renewable energy resource procurement plan. If the commission determines that the bid prices are elevated due to a lack of effective competition among the bidders, the commission shall direct the electrical corporation to renegotiate the contracts or conduct a new solicitation.\n(e) If an electrical corporation fails to comply with a commission order adopting a renewable energy resource procurement plan, the commission shall exercise its authority to require compliance.\n(f) (1) The commission may authorize a procurement entity to enter into contracts on behalf of customers of a retail seller for electricity products from eligible renewable energy resources to satisfy the retail seller\u2019s renewables portfolio standard procurement requirements. The commission shall not require any person or corporation to act as a procurement entity or require any party to purchase eligible renewable energy resources from a procurement entity.\n(2) Subject to review and approval by the commission, the procurement entity shall be permitted to recover reasonable administrative and procurement costs through the retail rates of end-use customers that are served by the procurement entity and are directly benefiting from the procurement of eligible renewable energy resources.\n(g) Procurement and administrative costs associated with contracts entered into by an electrical corporation for eligible renewable energy resources pursuant to this article and approved by the commission are reasonable and prudent and shall be recoverable in rates.\n(h) Construction, alteration, demolition, installation, and repair work on an eligible renewable energy resource that receives production incentives pursuant to Section 25742 of the Public Resources Code, including work performed to qualify, receive, or maintain production incentives, are \u201cpublic works\u201d for the purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code.\nSEC. 2.\nBy July 1, 2017, the commission shall update the criteria for the rank ordering and selection of least-cost and best-fit eligible renewable energy resources adopted pursuant to subparagraph (A) of paragraph (4) of subdivision (a) of Section 399.13 to identify the value of maintaining existing baseload resources to achieve the goal of a balanced portfolio of eligible renewable energy resources.","title":""}
{"_id":"c84","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 11107.1 of the Health and Safety Code is amended to read:\n11107.1.\n(a)\nAny\nA\nmanufacturer, wholesaler, retailer, or other person or entity in this state that sells to any person or entity in this state or any other state any quantity of\nbutane,\nsodium cyanide, potassium cyanide, cyclohexanone, bromobenzene, magnesium turnings, mercuric chloride, sodium metal, lead acetate, palladium black, hydrogen chloride gas, trichlorofluoromethane (fluorotrichloromethane), dichlorodifluoromethane, 1,1,2-trichloro-1,2,2-trifluoroethane (trichlorotrifluoroethane), sodium acetate, or acetic anhydride shall do the following:\n(1) (A) Notwithstanding any other\nprovision of\nlaw, in\nany\na\nface-to-face or will-call sale, the seller shall prepare a bill of sale\nwhich\nthat\nidentifies the date of sale, cost of sale, method of payment, the specific items and quantities purchased and the proper purchaser identification information, all of which shall be entered onto the bill of sale or a legible copy of the bill of sale, and shall also affix on the bill of sale his or her signature as witness to the purchase and identification of the purchaser.\n(B) For the purposes of this paragraph, \u201cproper purchaser identification\u201d includes a valid driver\u2019s license or other official and valid state-issued identification of the purchaser that contains a photograph of the purchaser, and includes the residential or mailing address of the purchaser, other than a post office box number, the motor vehicle license number of the motor vehicle used by the purchaser at the time of purchase, a description of how the substance is to be used, the Environmental Protection Agency certification number or resale tax identification number assigned to the individual or business entity for which the individual is purchasing any chlorofluorocarbon product, and the signature of the purchaser.\n(C) The seller shall retain the original bill of sale containing the purchaser identification information for five years in a readily presentable manner, and present the bill of sale containing the purchaser identification information upon demand by any law enforcement officer or authorized representative of the Attorney General. Copies of these bills of sale obtained by representatives of the Attorney General shall be maintained by the Department of Justice for a period of not less than five years.\n(2) (A)  Notwithstanding any other law, in all sales other than face-to-face or will-call sales the seller shall maintain for a period of five years the following sales information: the name and address of the purchaser, date of sale, product description, cost of product, method of payment, method of delivery, delivery address, and valid identifying information.\n(B) For the purposes of this paragraph, \u201cvalid identifying information\u201d includes two or more of the following: federal tax identification number; resale tax identification number; city or county business license number; license issued by the State Department of Public Health; registration number issued by the federal Drug Enforcement Administration; precursor business permit number issued by the Department of Justice; driver\u2019s license; or other identification issued by a state.\n(C) The seller shall, upon the request of any law enforcement officer or any authorized representative of the Attorney General, produce a report or record of sale containing the information in a readily presentable manner.\n(D) If a common carrier is used, the seller shall maintain a manifest regarding the delivery in a readily presentable manner for a period of five years.\n(b)\nAny\nA\nmanufacturer, wholesaler, retailer, or other person or entity in this state that purchases any item listed in subdivision (a) of Section 11107.1 shall do the following:\n(1) Provide on the record of purchase information on the source of the items purchased, the date of purchase, a description of the specific items, the quantities of each item purchased, and the cost of the items purchased.\n(2) Retain the record of purchase for three years in a readily presentable manner and present the record of purchase upon demand to any law enforcement officer or authorized representative of the Attorney General.\n(c) (1) A first violation of this section is a misdemeanor.\n(2)\nAny\nA\nperson who has previously been convicted of a violation of this section shall, upon a subsequent conviction thereof, be punished by imprisonment in a county jail not exceeding one year, by a fine not exceeding one hundred thousand dollars ($100,000), or both the fine and imprisonment.\nSEC. 2.\nSection 11107.2 is added to the Health and Safety Code, to read:\n11107.2.\nIt is unlawful for a person to purchase more than 400 milliliters of butane in a calendar month.\nSEC. 3.\nNo reimbursement is required by this act pursuant to Section 6 of Article XIII\u2009B 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\u2009B of the California Constitution.","title":""}
{"_id":"c430","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nThe Legislature finds and declares all of the following:\n(a) California leads the nation in the number of homeless residents with 115,738 people experiencing homelessness at some point, which is 21 percent of the nation\u2019s total. California also leads the nation in the number and ratio of chronically homeless residents with 29,178 chronically homeless residents at any point in time, which is 31 percent of the nation\u2019s total. California also has 10,416 homeless youth, which is 28 percent of the nation\u2019s total.\n(b) Homelessness is expensive to the state and local governments. A homeless person receiving general assistance in Los Angeles County, for example, incurs $2,897 per month in crisis response services.\n(c) A chronically homeless Californian moving into \u201csupportive housing\u201d is able to reduce costs he or she incurs by almost 80 percent. Moving an individual or family experiencing chronic homelessness to housing stability costs less than the resulting savings in public expenditures.\n(d) Following the example of other states, as well as jurisdictions within California, it is the intent of the Legislature to adopt a \u201cHousing First\u201d model for all state programs funding housing for people experiencing homelessness or at risk of homelessness. These housing models should address the distinct needs of homeless populations, including unaccompanied youth under 25 years of age.\n(e) Housing First is an evidence-based model of ending all types of homelessness and is the most effective approach to ending chronic homelessness. The federal government recognizes that Housing First yields high-housing retention rates, low returns to homelessness, and significant reductions in crisis or institutional care. The federal government also recognizes the value of time-limited housing to address the needs of unaccompanied homeless youth and persons fleeing domestic violence.\n(f) Homelessness affects multiple systems in California. Though almost every state with significant homeless populations has established a council to coordinate a Housing First-oriented response to homelessness, California does not have any entity to manage the state\u2019s response to homelessness.\n(g) California participated in a federally funded policy academy to reduce chronic homelessness. That policy academy succeeded in revising programs that the Department of Housing and Community Development (HCD) administers, and in attracting federal funding opportunities requiring collaboration between the HCD and the State Department of Health Care Services. To implement additional successes, it is essential that California have a coordinating council on homelessness.\nSEC. 2.\nChapter 6.5 (commencing with Section 8255) is added to Division 8 of the Welfare and Institutions Code, to read:\nCHAPTER  6.5. Housing First and Coordinating Council\n8255.\nFor purposes of this chapter:\n(a) \u201cCoordinating council\u201d means the Homeless Coordinating and Financing Council established pursuant to Section 8257.\n(b) \u201cCore components of Housing First\u201d means all of the following:\n(1) Tenant screening and selection practices that promote accepting applicants regardless of their sobriety or use of substances, completion of treatment, or participation in services.\n(2) Applicants are not rejected on the basis of poor credit or financial history, poor or lack of rental history, criminal convictions unrelated to tenancy, or behaviors that indicate a lack of \u201chousing readiness.\u201d\n(3) Acceptance of referrals directly from shelters, street outreach, drop-in centers, and other parts of crisis response systems frequented by vulnerable people experiencing homelessness.\n(4) Supportive services that emphasize engagement and problem solving over therapeutic goals and service plans that are highly tenant-driven without predetermined goals.\n(5) Participation in services or program compliance is not a condition of permanent housing tenancy.\n(6) Tenants have a lease and all the rights and responsibilities of tenancy, as outlined in California\u2019s Civil, Health and Safety, and Government codes.\n(7) The use of alcohol or drugs in and of itself, without other lease violations, is not a reason for eviction.\n(8) In communities with coordinated assessment and entry systems, incentives for funding promote tenant selection plans for supportive housing that prioritize eligible tenants based on criteria other than \u201cfirst-come-first-serve,\u201d including, but not limited to, the duration or chronicity of homelessness, vulnerability to early mortality, or high utilization of crisis services. Prioritization may include triage tools, developed through local data, to identify high-cost, high-need homeless residents.\n(9) Case managers and service coordinators who are trained in and actively employ evidence-based practices for client engagement, including, but not limited to, motivational interviewing and client-centered counseling.\n(10) Services are informed by a harm-reduction philosophy that recognizes drug and alcohol use and addiction as a part of tenants\u2019 lives, where tenants are engaged in nonjudgmental communication regarding drug and alcohol use, and where tenants are offered education regarding how to avoid risky behaviors and engage in safer practices, as well as connected to evidence-based treatment if the tenant so chooses.\n(11) The project and specific apartment may include special physical features that accommodate disabilities, reduce harm, and promote health and community and independence among tenants.\n(c) \u201cHomeless\u201d has the same definition as that term is defined in Section, and move-in assistance.\n(e) \u201cState programs\u201d means any programs a California state agency or department funds, implements, or administers for the purpose of providing housing or housing-based services to people experiencing homelessness or at risk of homelessness, with the exception of federally funded programs with requirements inconsistent with this chapter or programs that fund emergency shelters.\n8256.\n(a) Agencies and departments administering state programs created on or after July 1, 2017, shall collaborate with the coordinating council to adopt guidelines and regulations to incorporate core components of Housing First.\n(b) By July 1, 2019, agencies and departments administering state programs in existence prior to July 1, 2017, shall collaborate with the coordinating council to revise or adopt guidelines and regulations that incorporate the core components of Housing First, if the existing guidelines and regulations do not already incorporate the core components of Housing First.\n8257.\n(a) Within 180 days of the effective date of the measure adding this chapter, the Governor shall create a Homeless Coordinating and Financing Council.\n(b) The council shall have the following goals:\n(1) To oversee implementation of this chapter.\n(2) To identify mainstream resources, benefits, and services that can be accessed to prevent and end homelessness in California.\n(3) To create partnerships among state agencies and departments, local government agencies, participants in the United States Department of Housing and Urban Development\u2019s Continuum of Care Program, federal agencies, the United States Interagency Council on Homelessness, nonprofit entities working to end homelessness, homeless services providers, and the private sector, for the purpose of arriving at specific strategies to end homelessness.\n(4) To promote systems integration to increase efficiency and effectiveness while focusing on designing systems to address the needs of people experiencing homelessness, including unaccompanied youth under 25 years of age.\n(5) To coordinate existing funding and applications for competitive funding. Any action taken pursuant to this paragraph shall not restructure or change any existing allocations or allocation formulas.\n(6) To make policy and procedural recommendations to legislators and other governmental entities.\n(7) To identify and seek funding opportunities for state entities that have programs to end homelessness, including, but not limited to, federal and philanthropic funding opportunities, and to facilitate and coordinate those state entities\u2019 efforts to obtain that funding.\n(8) To broker agreements between state agencies and departments and between state agencies and departments and local jurisdictions to align and coordinate resources, reduce administrative burdens of accessing existing resources, and foster common applications for services, operating, and capital funding.\n(9) To serve as a statewide facilitator, coordinator, and policy development resource on ending homelessness in California.\n(10) To report to the Governor, federal Cabinet members, and the Legislature on homelessness and work to reduce homelessness.\n(11) To ensure accountability and results in meeting the strategies and goals of the council.\n(12) To identify and implement strategies to fight homelessness in small communities and rural areas.\n(13) To create a statewide data system or warehouse that collects local data through Homeless Management Information Systems, with the ultimate goal of matching data on homelessness to programs impacting homeless recipients of state programs, such as Medi-Cal (Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code) and CalWORKS (Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the Welfare and Institutions Code).\n(c) (1) The Governor shall appoint up to 15 members of the council as follows:\n(A) A representative from the Department of Housing and Community Development.\n(B) A representative of the State Department of Social Services.\n(C) A representative of the California Housing Finance Agency.\n(D) A representative of the State Department of Health Care Services.\n(E) A representative of the Department of Veterans Affairs.\n(F) A representative of the Department of Corrections and Rehabilitation.\n(G) A representative from the California Tax Credit Allocation Committee in the Treasurer\u2019s office.\n(H) A representative of the Victim Services Program within the Division of Grants Management within the Office of Emergency Services.\n(I) A formerly homeless person who lives in California.\n(J) Two representatives of local agencies or organizations that participate in the United States Department of Housing and Urban Development\u2019s Continuum of Care Program.\n(K) State advocates or other members of the public or state agencies, according to the Governor\u2019s discretion.\n(2) The Senate Committee on Rules and the Speaker of the Assembly shall each appoint one representative of the council from two different stakeholder organizations.\n(3) The council may, at its discretion, invite stakeholders, individuals who have experienced homelessness, members of philanthropic communities, and experts to participate in meetings or provide information to the council.\n(d) The council shall hold public meetings at least once every quarter.\n(e) The members of the council shall serve at the pleasure of the Governor.\n(f) Within existing funding, the council may establish working groups, task forces, or other structures from within its membership or with outside members to assist it in its work. Working groups, task forces, or other structures established by the council shall determine their own meeting schedules.\n(g) The members of the council shall serve without compensation, except that members of the council who are, or have been, homeless may receive reimbursement for travel, per diem, or other expenses.\n(h) The Department of Housing and Community Development shall provide staff for the council.\n(i) The members of the council may enter into memoranda of understanding with other members of the council to achieve the goals set forth in this chapter, as necessary, in order to facilitate communication and cooperation between the entities the members of the council represent.","title":""}
{"_id":"c25","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nArticle 2.10 (commencing with Section 65891) is added to Chapter 4 of Division 1 of Title 7 of the Government Code, to read:\nArticle  2.10. Aquifer Protection\n65891.\nThe Legislature finds and declares as follows:\n(a) Groundwater provides substantial water supplies for many farms and communities across the state, particularly in drier years. While in some parts of the state groundwater is very well managed, in other parts there has been substantial groundwater overdraft.\n(b) During California\u2019s record drought, there has been a substantial increase in the extraction of groundwater resulting in impacts to aquifers.\n(c) In 2014, California adopted landmark legislation, the Sustainable Groundwater Management Act (Part 2.74 (commencing with Section 10720) of Division 6 of the Water Code), to sustainably manage groundwater resources. The act will not be fully implemented for many years, allowing groundwater overdraft to continue in some regions.\n(d) Despite the drought, there has been a substantial and dramatic increase in conversion of existing pastureland and nonirrigated lands to new permanent crops irrigated by new deep groundwater wells. In many parts of the central valley, these new orchards and groundwater wells have caused or contributed to existing groundwater wells drying up. These new groundwater wells exacerbate overdraft in some regions of the state and have harmed and will continue to harm groundwater supplies for existing farms and rural communities and the long-term viability of aquifers.\n(e) A number of new developments also rely on individual new wells, further stressing overdrafted groundwater basins.\n(f) The number of new wells supplying significant new demands for groundwater has resulted in alarming subsidence in many areas of California. Subsidence threatens statewide resources and infrastructure such as roads, highways, and aqueducts. Importantly, subsidence may also cause permanent damage to aquifers, threatening groundwater resources for future generations.\n(g) The lack of protection for aquifers, existing groundwater users, and important infrastructure from the explosive increase in new wells is an issue of statewide importance and requires statewide regulation to avoid undesirable results to groundwater and statewide resources while local communities are working to comply with the provisions of the Sustainable Groundwater Management Act. Preventing undesirable results in a high- or medium-priority basin pursuant to this article and in furtherance of Section 113 of the Water Code is a matter of statewide concern and not a municipal affair, as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this act applies to charter cities.\n(h) This act is in furtherance of the policy contained in Section 2 of Article X of the California Constitution.\n65891.1.\nAs used in this article:\n(a) \u201cBasin\u201d has the meaning provided in Section 10721 of the Water Code.\n(b) \u201cBoard\u201d means the State Water Resources Control Board.\n(c) \u201cBulletin 118\u201d has the meaning provided in Section 10721 of the Water Code.\n(d) \u201cDe minimis extractor\u201d has the meaning provided in Section 10721 of the Water Code.\n(e) \u201cDepartment\u201d means the Department of Water Resources.\n(f) \u201cDisadvantaged unincorporated community\u201d has the meaning provided in Section 56033.5.\n(g) \u201cGroundwater\u201d has the meaning provided in Section 10721 of the Water Code.\n(h) \u201cGroundwater extraction facility\u201d has the meaning provided in Section 10721 of the Water Code.\n(i) \u201cGroundwater sustainability plan\u201d has the meaning provided in Section 10721 of the Water Code.\n(j) \u201cHigh-priority basin,\u201d \u201cmedium-priority basin,\u201d \u201clow-priority basin,\u201d and \u201cvery low priority basin\u201d have the same meaning as the categorization of a basin by the department pursuant to Section 10722.4 of the Water Code.\n(k) \u201cPrimary drinking water standards\u201d has the meaning provided in Section 116275 of the Health and Safety Code.\n(l) \u201cProbationary basin\u201d has the meaning provided in Section 10735 of the Water Code.\n(m) \u201cSpecial act water district\u201d means an agency created by statute to manage groundwater that is the exclusive local agency within its statutory boundaries with powers to comply with Part 2.74 (commencing with Section 10720) of Division 6 of the Water Code as described in paragraph (1) of subdivision (c) of Section 10723 of the Water Code.\n(n) \u201cUndesirable result\u201d has the meaning provided in Section 10721 of the Water Code.\n65891.2.\n(a) A city or county overlying a basin designated as a high- or medium-priority basin shall do both of the following:\n(1) By January 1, 2018, establish a process for the issuance of a groundwater extraction permit for the development of a groundwater extraction facility that requires an applicant for a groundwater extraction permit to demonstrate, based on substantial evidence, that extraction of groundwater from a proposed groundwater extraction facility will not contribute to or create an undesirable result.\n(2) Prohibit the issuance of a groundwater extraction permit for a new groundwater extraction facility in either of the following:\n(A) A probationary basin, except if the board determines that part of a probationary basin is being adequately managed, in which case the prohibition on the issuance of a groundwater extraction permit for a new groundwater extraction facility shall apply only to those portions of the probationary basin not adequately managed as determined by the board.\n(B) A basin designated in Bulletin 118 as a basin subject to critical conditions of overdraft.\n(b) A groundwater extraction permit for the development of a groundwater extraction facility shall not be required for any of the following:\n(1) A de minimis extractor.\n(2) The replacement of an existing groundwater extraction facility with a new groundwater extraction facility with the same or a lessor extraction capacity. For the purposes of this article, replacement includes the deepening of a groundwater extraction facility.\n(3) A groundwater extraction facility constructed to provide drinking water to a water system for the purposes of public health.\n(4) A groundwater extraction facility necessary for habitat or wetlands conservation.\n(5) A groundwater extraction facility\nnecessary for a renewable energy project such as utility scale solar.\nfor a photovoltaic or wind energy generation facility approved on or after January 1, 2017, that demands less than 75 acre-feet of groundwater annually.\n(6) A groundwater extraction facility integral to a groundwater conjunctive use or storage program operating under an approved California Environmental Quality Act document.\n(c) A city or county overlying a basin designated as a low- or very low priority basin may adopt an ordinance establishing a process for the issuance of groundwater extraction permits for the development of a groundwater extraction facility in accordance with this section.\n(d) A groundwater extraction facility in a high- or medium-priority basin shall not be developed without a valid groundwater extraction permit issued pursuant to this section.\n65891.3.\n(a) A city or county shall review an application for a groundwater extraction facility pursuant to the timelines established in the Permit Streamlining Act (Chapter 4.5 (commencing with Section 65920)).\n(b) A fee charged by a city or county to review an application for a groundwater extraction facility shall be determined in accordance with Sections 66014 and 66016.\n65891.4.\nThis article does not require a city or county to establish a new process for the issuance of a groundwater extraction permit for the development of a groundwater extraction facility if the city or county has in effect an ordinance adopted before January 1, 2018, that imposes conditions on the development of a new groundwater extraction facility in order to prevent the new groundwater extraction facility from contributing to or creating an undesirable result.\n65891.5.\nThis article does not require a city or county overlying a medium- or high-priority basin to have a process for the issuance of a groundwater extraction permit for the development of a groundwater extraction facility on or after January 31, 2022, or once the department has evaluated a groundwater sustainability plan for the basin the city or county overlies and determined the plan to be adequate and likely to achieve the sustainability goal for the basin, whichever comes first.\n65891.6.\n(a) This article does not apply to a basin for which a court or the State Water Resources Control Board has adjudicated the rights to extract groundwater.\n(b) This article does not apply\nwithin the statutory boundaries of\nto a basin, or any portion of a basin, managed by\na special act water\ndistrict.\ndistrict identified in paragraph (1) of subdivision (c) of Section 10723 of the Water Code.\n(c) The Legislature finds and declares that the County of Napa\u2019s groundwater conservation ordinance, Napa County Code Chapter 13.15, in conjunction with its water availability analysis policy adopted in May 2015, satisfies the purposes of the requirement in Section 65891.4. Accordingly, this article does not apply to a basin managed by the County of Napa if both the county\u2019s groundwater conservation ordinance and its water availability analysis policy remain in effect in substantially the same form as they existed on January 1, 2016.\nSEC. 2.\nNo reimbursement is required by this act pursuant to Section 6 of Article XIII\u2009B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.","title":""}
{"_id":"c420","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nThe Legislature finds and declares all of the following:\n(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.\n(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.\n(c) Chemicals in professional cosmetics can be harmful to salon customers, who increasingly include prepubescent girls and young women.\n(d) Endocrine-disrupting chemicals can cause harm at very low levels. Some may enter the body through the skin or cuticle.\n(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.\n(f) Developmental toxicants interfere with proper growth or health of a child, acting at any point from conception to puberty.\n(g) Toluene, a solvent found in nail polish, is a developmental and neurological toxicant that causes headaches, dizziness, and nausea, among other symptoms.\n(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.\n(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.\n(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.\n(k) These local HNSR programs support nail salons that use less toxic products and practices that are safer for workers and their customers.\n(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.\nSEC. 2.\nSection 25257.2 is added to the Health and Safety Code, to read:\n25257.2.\n(a) The department shall, by January 1, 2018, publish guidelines for healthy nail salon recognition (HNSR) programs voluntarily implemented by local cities and counties.\n(b) The guidelines for an HNSR program adopted pursuant to subdivision (a) may include, but shall not be limited to, all of the following:\n(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:\n(A) Whether the chemical is identified as a candidate chemical pursuant to the regulations adopted pursuant to Section 25252.\n(B) Whether an existing healthy nail salon program has restricted the use of the chemical.\n(C) The potential for exposure of nail salon workers and customers to the chemical.\n(D) The availability of existing, safer alternatives to the chemical in products available to nail salons in California.\n(2) Specific best practices for minimizing exposure to hazardous chemicals, including:\n(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.\n(B) Engineering controls that should be adopted by salons seeking recognition, including specific ventilation practices and equipment.\n(C) Prohibiting nail polishes that contain dibutyl phthalate, formaldehyde, or toluene.\n(D) Prohibiting nail polish thinners that contain methyl ethyl ketone or toluene.\n(E) Prohibiting nail polish removers that contain ethyl or butyl acetate.\n(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.\n(4) Criteria for the use of outside products brought in by clients.\n(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.\n(6) Any other guidelines or best practices determined by the department to further the goals of an HNSR program.\n(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:\n(1) Coordination with other local HNSR programs to assist businesses in achieving and moving beyond regulatory compliance.\n(2) Training and certification requirements for the salon owners and staff to ensure thorough knowledge of safe and environmentally friendly procedures.\n(3) Issuance of an approved seal or certificate to salons that have met certification requirements.\n(4) The process by which a salon can enroll in an HNSR program and be verified by the local entity.\n(5) The frequency at which the local entity shall verify continued compliance by a salon that has previously met all specified requirements.\n(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.\n(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:\n(1) Developing and implementing a consumer education program.\n(2) Presenting the HNSR guidelines to local health officers, local environmental health departments, and other local agencies as appropriate.\n(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.","title":""}
{"_id":"c272","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 3033 of the Fish and Game Code is amended to read:\n3033.\n(a) Pursuant to this section, the department shall issue to a disabled veteran or recovering service member who has not been convicted of a violation of this code a free hunting license that authorizes the licensee to take a bird or mammal as authorized by this code and regulations adopted pursuant to this code.\n(b) The license issued pursuant to this section shall be issued free of any charge or fee.\n(c) For the purposes of this section, the following terms have the following meanings:\n(1) \u201cDisabled veteran\u201d means a person having a 50 percent or greater service-connected disability and an honorable discharge from military service.\n(2) \u201cRecovering service member\u201d means a member of the military who meets the definition of \u201crecovering service member\u201d in Section 1602(7) of the federal National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181).\n(d) A person applying for a free hunting license shall submit to the department adequate documentation for the department to determine whether the person is, in fact, eligible for a free hunting license. The department shall not issue a free hunting license to a person unless it is satisfied that the person has provided adequate documentation of eligibility for that license.\n(e) A disabled veteran shall submit the following documentation:\n(1) Proof of an honorable discharge from military service.\n(2) Proof of the disability described in paragraph (1) of subdivision (c), either by certification from the United States Department of Veterans Affairs or by presentation of a license issued pursuant to this section in the preceding license year.\n(f) A recovering service member shall submit a letter to the department stating that the person is a recovering service member as defined in subdivision (d), from either that person\u2019s commanding officer or a military medical doctor. The letter may be submitted either in hard copy form or online.\n(g) Notwithstanding subdivision (c) of Section 3031 and subdivision (f) of Section 3031.2, the commission shall not increase the fees required to obtain the licenses specified in Sections 3031 and 3031.2 for a person not receiving the benefit pursuant to this section to recover the cost of providing the benefit.\n(h) (1) The department shall not charge a person who receives a free hunting license pursuant to this section a fee to obtain a tag, validation, or other entitlement required in addition to a valid hunting license to take a bird or mammal.\n(2) Notwithstanding any other law, the commission shall not increase the fee required to obtain a tag, validation, or other entitlement for a person not receiving the discount pursuant to this subdivision to recover the cost of providing the discount.\nSEC. 2.\nSection 3034 is added to the Fish and Game Code, to read:\n3034.\n(a) Upon application pursuant to this section and payment of a fee of five dollars ($5), the department shall issue to a veteran of the Armed Forces of the United States, who was honorably discharged and who has not been convicted of a violation of this code, a reduced fee hunting license that authorizes the licensee to take a bird or mammal as authorized by this code and regulations adopted pursuant to this code.\n(b) The license fee for a reduced fee hunting license shall be not be adjusted pursuant to Section 713.\n(c) A person applying for a reduced fee hunting license shall submit to the department adequate documentation for the department to determine whether the applicant is, in fact, eligible for a reduced fee hunting license. The department shall not issue a reduced fee hunting license to any person unless it is satisfied that the applicant has provided adequate documentation of eligibility for that license.\n(d) Notwithstanding subdivision (c) of Section 3031 and subdivision (f) of Section 3031.2, the commission shall not increase the fees required to obtain the licenses specified in Sections 3031 and 3031.2 for a person not receiving the benefit pursuant to this section to recover the cost of providing the benefit.\n(e) (1) The department shall reduce the fee for a tag, validation, or other entitlement required in addition to a valid hunting license to take a bird or mammal by 50 percent for a person who receives a reduced fee hunting license pursuant to this section.\n(2) Notwithstanding any other law, the commission shall not increase the fee required to obtain a tag, validation, or other entitlement for a person not receiving the discount pursuant to this subdivision to recover the cost of providing the discount.\nSEC. 3.\nSection 7150 of the Fish and Game Code is amended to read:\n7150.\n(a) Upon application to the department\u2019s headquarters office in Sacramento and payment of a base fee of four dollars ($4), as adjusted pursuant to Section 713, a person who meets the eligibility requirements specified in subdivision (b) shall be issued a reduced fee sport fishing license that is valid for one year as specified in paragraphs (1) and (2) of subdivision (a) of Section 7149.05 and that authorizes the licensee to take any fish, reptile, or amphibians anywhere in this state as otherwise authorized pursuant to this code and regulations adopted pursuant thereto for purposes other than profit.\n(b) A person who meets the following requirements shall be eligible for a reduced fee license pursuant to this section:\n(1) The person has not been convicted of any violation of this code.\n(2) The person is over 65 years of age.\n(3) The person is a resident of this state.\n(4) The person\u2019s total monthly income from all sources, including any old age assistance payments, does not exceed the amount in effect on September 1 of each year contained in subdivision (c) of Section 12200 of the Welfare and Institutions Code for single persons or subdivision (d) of Section 12200 of the Welfare and Institutions Code combined income for married persons, as adjusted pursuant to that section. The amount in effect on September 1 of each year shall be the amount used to determine eligibility for a reduced fee license during the following calendar year.\n(c) A person applying for a reduced fee sport fishing license shall submit adequate documentation for the department to determine whether the applicant is, in fact, eligible for a reduced fee sport fishing license. The documentation shall be in the form of a letter or other document, as specified by the department, from a public agency. The department shall not issue a reduced fee sport fishing license to any person unless it is satisfied that the applicant has provided adequate documentation of eligibility for that license.\n(d) The adjustment of the base fee pursuant to Section 713 specified in subdivision (a) shall be applicable to the fishing license years beginning on or after January 1, 1996.\nSEC. 4.\nSection 7150.5 is added to the Fish and Game Code, to read:\n7150.5.\n(a) Upon application to the department\u2019s headquarters office in Sacramento and payment of a fee of five dollars ($5), a veteran of the Armed Forces of the United States, who was honorably discharged and who has not been convicted of any violation of this code, shall be issued a reduced fee sport fishing license that is valid for one year as specified in paragraphs (1) and (2) of subdivision (a) of Section 7149.05 and that authorizes the licensee to take any fish, reptile, or amphibians anywhere in this state as otherwise authorized pursuant to this code and regulations adopted pursuant thereto for purposes other than profit.\n(b) A person applying for a reduced fee sport fishing license shall submit adequate documentation for the department to determine whether the applicant is, in fact, eligible for a reduced fee sport fishing license. The documentation shall be in the form of a letter or other document, as specified by the department, from a public agency. The department shall not issue a reduced fee sport fishing license to any person unless it is satisfied that the applicant has provided adequate documentation of eligibility for that license.\n(c) The fee required pursuant to subdivision (a) shall not be adjusted pursuant to Section 713.\n(d) Notwithstanding subdivision (e) of Section 7149.05, the commission shall not increase the fees required to obtain the license specified in Section 7149.05 for a person not receiving the benefit pursuant to this section to recover the cost of providing the benefit.\n(e) (1) The department shall reduce the fee for a sport fishing report card, validation, or other entitlement required in addition to a valid sport fishing license to take an amphibian, reptile, or fish by 50 percent for a person who receives a reduced fee sport fishing license pursuant to this section.\n(2) Notwithstanding subdivision (g) of Section 6596.1, subdivision (c) of Section 7149.8, or any other law, the commission shall not increase the fee required to obtain a sport fishing report card, validation, or other entitlement for a person not receiving the discount pursuant to this subdivision to recover the cost of providing the discount.\nSEC. 5.\nSection 7151 of the Fish and Game Code is amended to read:\n7151.\n(a) Upon application to the department, the following persons, if they have not been convicted of any violation of this code, shall be issued, free of any charge or fee, a sport fishing license, that authorizes the licensee to take any fish, reptile, or amphibian anywhere in this state for purposes other than profit:\n(1) Any blind person upon presentation of proof of blindness. \u201cBlind person\u201d means a person with central visual acuity of 20\/200 or less in the better eye, with the aid of the best possible correcting glasses, or central visual acuity better than 20\/200 if the widest diameter of the remaining visual field is no greater than 20 degrees. Proof of blindness shall be by certification from a qualified licensed optometrist or ophthalmologist or by presentation of a license issued pursuant to this paragraph in any previous license year.\n(2) Every resident Native American who, in the discretion of the department, is financially unable to pay the fee required for the license.\n(3) Any developmentally disabled person, upon presentation of certification of that disability from a qualified licensed physician, or the director of a state regional center for the developmentally disabled.\n(4) Any person who is a resident of the state and who is so severely physically disabled as to be permanently unable to move from place to place without the aid of a wheelchair, walker, forearm crutches, or a comparable mobility-related device. Proof of the disability shall be by certification from a licensed physician or surgeon or, by presentation of a license issued pursuant to this paragraph in any previous license year after 1996.\n(5) A disabled veteran having a 50 percent or greater service-connected disability upon presentation of proof of an honorable discharge from military service and proof of the disability. Proof of the disability shall be by certification from the United States\nVeterans Administration\nDepartment of Veterans Affairs\nor by presentation of a license issued pursuant to this paragraph in the preceding license year.\n(6) A member of the military who is a \u201crecovering service member\u201d pursuant to Section 1602(7) of the federal National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181). A person shall be eligible for a free sport fishing license pursuant to this paragraph upon the submission of a letter, online or in hardcopy, to the department from that person\u2019s commanding officer or from a military medical doctor stating that the person is a recovering service member.\n(b) Sport fishing licenses issued pursuant to paragraphs (2), (5), and (6) of subdivision (a) are valid for the calendar year of issue or, if issued after the beginning of the year, for the remainder thereof.\n(c) Sport fishing licenses issued pursuant to paragraphs (1), (3), and (4) of subdivision (a) are valid for five calendar years, or if issued after the beginning of the first year, for the remainder thereof.\n(d) Upon application to the department, the department may issue, free of any charge or fee, a sport fishing license to groups of mentally or physically handicapped persons under the care of a certified federal, state, county, city, or private licensed care center that is a community care facility as defined in subdivision (a) of Section 1502 of the Health and Safety Code, to organizations exempt from taxation under Section 501(c)(3) of the federal Internal Revenue Code, or to schools or school districts. Any organization that applies for a group fishing license shall provide evidence that it is a legitimate private licensed care center, tax-exempt organization, school, or school district. The license shall be issued to the person in charge of the group and shall be in his or her possession when the group is fishing. Employees of private licensed care centers, tax-exempt organizations, schools, or school districts are exempt from Section 7145 only while assisting physically or mentally disabled persons fishing under the authority of a valid license issued pursuant to this section. The license shall include the location where the activity will take place, the date or dates of the activity, and the maximum number of people in the group. The licenseholder shall notify the local department office before fishing and indicate where, when, and how long the group will fish.\n(e) Upon application to the department, the department may issue, free of any charge or fee, a sport fishing license to a nonprofit organization for day-fishing trips that provide recreational rehabilitation therapy for active duty members of the United States military who are currently receiving inpatient care in a military or\nUnited States Department of\nVeterans\nAdministration\nAffairs\nhospital and veterans with service-connected disabilities. The license shall be valid for the calendar year of issue or, if issued after the beginning of the year, for the remainder of that year. The license shall be issued to the person in charge of the group, and shall be in the licenseholder\u2019s possession when the group is fishing. The organization shall notify the local department office before fishing and indicate where, when, and how long the group will fish. To be eligible for a license under this subdivision, an organization shall be registered to do business in this state or exempt from taxation under Section 501(c) of the federal Internal Revenue Code.\n(f) On January 15 of each year, the department shall determine the number of free sport fishing licenses in effect during the preceding year under subdivisions (a), (d), and (e).\n(g) There shall be appropriated from the General Fund a sum equal to two dollars ($2) per free sport fishing license in effect during the preceding license year under subdivisions (a) and (d), as determined by the department pursuant to subdivision (f). That sum may be appropriated annually in the Budget Act for transfer to the Fish and Game Preservation Fund and appropriated in the Budget Act from the Fish and Game Preservation Fund to the department for the purposes of this part.\n(h) Notwithstanding subdivision (e) of Section 7149.05, the commission shall not increase the fees required to obtain the license specified in\nSection\n7149.05 for a person not receiving the benefit pursuant to this section to recover the cost of providing the benefit.\n(i) (1) The department shall not charge a person who receives a free sport fishing license pursuant to paragraph (5) or (6) of subdivision (a) a fee to obtain a sport fishing report card, validation, or other entitlement required in addition to a valid sport fishing license to take an amphibian, reptile, or fish.\n(2) Notwithstanding subdivision (g) of Section 6596.1, subdivision (c) of Section 7149.8, or any other law, the commission shall not increase the fee required to obtain a sport fishing report card, validation, or other entitlement for a person not receiving the discount pursuant to this subdivision to recover the cost of providing the discount.","title":""}
{"_id":"c109","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 1203.9 of the Penal Code is amended to read:\n1203.9.\n(a) (1) Except as provided in paragraph (3), whenever a person is released on probation or mandatory supervision, the court, upon noticed motion, shall transfer the case to the superior court in any other county in which the person resides permanently, meaning with the stated intention to remain for the duration of probation or mandatory supervision, unless the transferring court determines that the transfer would be inappropriate and states its reasons on the record.\n(2) Upon notice of the motion for transfer, the court of the proposed receiving county may provide comments for the record regarding the proposed transfer, following procedures set forth in rules of court developed by the Judicial Council for this purpose, pursuant to subdivision (f). The court and the probation department shall give the matter of investigating those transfers precedence over all actions or proceedings therein, except actions or proceedings to which special precedence is given by law, to the end that all those transfers shall be completed expeditiously.\n(3) If victim restitution was ordered as a condition of probation or mandatory supervision, the transferring court shall determine the amount of restitution before the transfer unless the court finds that the determination cannot be made within a reasonable time from when the motion for transfer is made. If a case is transferred without a determination of the amount of restitution, the transferring court shall complete the determination as soon as practicable. In all other aspects, except as provided in subdivisions (d) and (e), the court of the receiving county shall have full jurisdiction over the matter upon transfer as provided in subdivision (b).\n(b) The court of the receiving county shall accept the entire jurisdiction over the case effective the date that the transferring court orders the transfer.\n(c) The order of transfer shall contain an order committing the probationer or supervised person to the care and custody of the probation officer of the receiving county and, if applicable, an order for reimbursement of reasonable costs for processing the transfer to be paid to the sending county in accordance with Section 1203.1b. A copy of the orders and any probation reports shall be transmitted to the court and probation officer of the receiving county within two weeks of the finding that the person does permanently reside in or has permanently moved to that county, and the receiving court shall have entire jurisdiction over the case, except as provided in subdivisions (d) and (e), with the like power to again request transfer of the case whenever it seems proper.\n(d) (1) Notwithstanding subdivision (b) and except as provided in subdivision (e), if the transferring court has ordered the defendant to pay fines, fees, forfeitures, penalties, assessments, or restitution, the transfer order shall require that those and any other amounts ordered by the transferring court that are still unpaid at the time of transfer be paid by the defendant to the collection program for the transferring court for proper distribution and accounting once collected.\n(2) The receiving court and receiving county probation department may impose additional local fees and costs as authorized, and shall notify the responsible collection program for the transferring court of those changes.\n(3) Any local fees imposed pursuant to paragraph (2) shall be paid by the defendant to the collection program for the transferring court which shall remit the additional fees and costs to the receiving court for proper accounting and distribution.\n(e) (1) Upon approval of a transferring court, a receiving court may elect to collect all of the court-ordered payments from a defendant attributable to the case under which the defendant is being supervised, provided, however, that the collection program for the receiving court transmits the revenue collected to the collection program for the transferring court for deposit, accounting, and distribution. A collection program for the receiving court shall not charge administrative fees for collections performed for the collection program for the transferring court without a written agreement with the other program.\n(2) A collection program for a receiving court collecting funds for a collection program for a transferring court pursuant to paragraph (1) shall not report revenue owed or collected on behalf of the collection program for the transferring court as part of those collections required to be reported annually by the court to the Judicial Council.\n(f) The Judicial Council shall promulgate rules of court for procedures by which the proposed receiving county shall receive notice of the motion for transfer and by which responsive comments may be transmitted to the court of the transferring county. The Judicial Council shall adopt rules providing factors for the court\u2019s consideration when determining the appropriateness of a transfer, including, but not limited to, the following:\n(1) Permanency of residence of the offender.\n(2) Local programs available for the offender.\n(3) Restitution orders and victim issues.\n(g) The Judicial Council shall consider adoption of rules of court as it deems appropriate to implement the collection, accounting, and disbursement requirements of subdivisions (d) and (e).","title":""}
{"_id":"c9","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\n(a) The Legislature finds and declares all of the following:\n(1) Research points to a strong connection between mental wellness and academic achievement.\n(2) Research demonstrates that early detection and treatment of mental illness improves attendance, behavior, and academic achievement.\n(3) It is estimated that 20 percent of children have mental health issues, 80 percent of whom are estimated to be undiagnosed and untreated. The lack of attention to a child\u2019s mental health has significant effects on his or her school achievement and life outcomes.\n(4) Mental health challenges disproportionately impact pupils who face stressors such as violence, trauma, and poverty.\n(5) California\u2019s educators report their lack of preparedness in addressing pupil mental health challenges as a major barrier to instruction. Most educators and staff lack training to identify pupils who may be in need of support and to make referrals, as appropriate, to help pupils overcome and manage mental health issues and succeed in school.\n(6) The State Department of Education has identified inadequate service referral and inconsistent pupil mental health policies as major factors contributing to pupils\u2019 lack of access to support for mental health concerns.\n(7) Several initiatives are underway to improve the early identification and referral of pupils for help with mental health challenges. These include the California County Superintendents Educational Services Association\u2019s K-12 Student Mental Health Initiative, funded by the California Mental Health Services Authority; the federally funded Project Cal-Well administered by the State Department of Education; Training Educators through Recognition and Identification Strategies (TETRIS); the Eliminating Barriers to Learning (EBL) project administered by the State Department of Education and funded by the California Mental Health Services Authority; and the Student Mental Health Policy Workgroup established by the Superintendent of Public Instruction and the California Mental Health Services Authority.\n(8) In spite of these efforts, no model referral protocol exists to guide schools and local educational agencies in appropriate and timely intervention for pupil mental health concerns.\n(9) The State Department of Education, through its Project Cal-Well and its Student Mental Health Policy Workgroup, is well positioned to provide state leadership and guidance to local educational agencies so that they are better able to address pupil mental health concerns.\n(b) It is therefore the intent of the Legislature to direct the development of model, evidence-based referral protocols for addressing pupil mental health concerns that may be voluntarily used by schoolsites, school districts, county offices of education, charter schools, and teacher and administrator preparation programs.\nSEC. 2.\nSection 33319.6 is added to the Education Code, to read:\n33319.6.\n(a) The department shall develop model referral protocols for addressing pupil mental health concerns. In developing these protocols, the department shall consult with the members of the Student Mental Health Policy Workgroup, local educational agencies that have served as state or regional leaders in state or federal pupil mental health initiatives, county mental health programs, current classroom teachers and administrators, current schoolsite classified staff, current schoolsite staff who hold pupil personnel services credentials, current school nurses, current school counselors, and other professionals involved in pupil mental health as the department deems appropriate.\n(b) These protocols shall be designed for use, on a voluntary basis, by schoolsites, school districts, county offices of education, charter schools, and the state special schools for the blind and the deaf, and by teacher, administrator, school counselor, pupil personnel services, and school nurse preparation programs operated by institutions of higher education. The protocols shall do all of the following:\n(1) Address the appropriate and timely referral by school staff of pupils with mental health concerns.\n(2) Reflect a multitiered system of support processes and positive behavioral interventions and supports.\n(3) Be adaptable to varied local service arrangements for mental health services.\n(4) Reflect evidence-based and culturally appropriate approaches to pupil mental health referral.\n(5) Address the inclusion of parents and guardians in the referral process.\n(6) Be written to ensure clarity and ease of use by certificated and classified school employees.\n(7) Reflect differentiated referral processes for pupils with disabilities and other populations for whom the referral process may be distinct.\n(8) Be written to ensure that school employees act only within the authorization or scope of their credential or license. Nothing in this section shall be construed as authorizing or encouraging school employees to diagnose or treat mental illness unless they are specifically licensed and employed to do so.\n(9) Be consistent with state activities conducted by the department in the administration of federally funded mental health programs.\n(c) The department shall post the model referral protocols on its Internet Web site so that they may be accessed and used by educational institutions specified in subdivision (b).\n(d) This section is contingent upon funds being appropriated for its purpose to the department in the annual Budget Act or other legislation, or state, federal, or private funds being allocated for this purpose.\n(e) The model referral protocols shall be completed and made available within two years of the date funds are received or allocated to implement this section.","title":""}
{"_id":"c295","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 4000.5 of the Elections Code is amended to read:\n4000.5.\n(a) Notwithstanding Section 4000 or any other law, as a pilot program, an all-mailed ballot special election or special consolidated election in San Diego County may be conducted by an eligible entity if the special election or special consolidated election is any of the following:\n(1) A special election to fill a vacancy in a congressional or legislative office.\n(2) A special election to fill a vacancy in the legislative body or governing body.\n(3) A special election conducted pursuant to Chapter 2 (commencing with Section 9100), Chapter 3 (commencing with Section 9200), Chapter 4 (commencing with Section 9300), Chapter 5 (commencing with Section 9400), or Chapter 6 (commencing with Section 9500) of Division 9.\n(b) A special election or special consolidated election described in paragraphs (1) to (3), inclusive, of subdivision (a), may be conducted wholly as an all-mailed ballot election if all of the following apply:\n(1) (A) For a special election to fill a vacancy in a congressional or legislative office, the Board of Supervisors of San Diego County, by resolution, authorizes the use of mailed ballots for the election and the congressional or legislative district lies wholly within San Diego County.\n(B) For all other special elections the legislative body or governing body of the eligible entity, by resolution, authorizes the use of mailed ballots for the election.\n(2) The election does not occur on the same date as a statewide direct primary election, statewide general election, or any other election conducted in an overlapping jurisdiction that is not consolidated and conducted wholly by mail.\n(3) (A) If the boundaries of the jurisdiction of the eligible entity overlap with the boundaries of a city, at least one ballot dropoff location is provided per city that is open during business hours to receive voted ballots beginning not less than seven days before the date of the election.\n(B) The number of dropoff locations in unincorporated areas shall be based on the number of unincorporated registered voters divided by 100,000 (rounded to the next whole number) with no less than one location to be selected.\n(C) A ballot dropoff location provided for under this section shall consist of a locked ballot box located in a secure public building that meets the accessibility requirements for a polling place.\n(4) On at least one Saturday and Sunday on or after the date the elections official first delivers ballots to voters, the elections official allows any voter to vote the ballot at a satellite location within the jurisdiction of the eligible entity pursuant to Section 3018. The elections official shall determine the hours of operation for each Saturday and Sunday, provided that the satellite location is open to voters for a minimum of six hours on each designated Saturday and Sunday.\n(5) (A) At least one polling place is provided per eligible entity or the polling places are fixed in a manner so that there is one polling place for every 10,000 registered voters within the jurisdiction of the eligible entity, as determined on the 88th day before the day of the election, whichever results in more polling places. A polling place shall allow a voter to request and vote a ballot between 7 a.m. and 8 p.m. on the day of the election.\n(B) The polling places provided under this section shall be established in accordance with the accessibility requirements described in Article 5 (commencing with Section 12280) of Chapter 3 of Division 12, the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), the federal Help America Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.), and the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.), and shall, to the extent possible, ensure that access is evenly distributed throughout the jurisdiction of the eligible entity.\n(C) The polling places provided under this section shall be established at accessible locations and shall be equipped with voting units or systems that are accessible to individuals with disabilities and that provide the same opportunity for access and participation as is provided to voters who are not disabled, including the ability to vote privately and independently in accordance with Sections 12280 and 19240.\n(D) If a polling place consolidates one or more precincts for which the elections official is required to recruit precinct board members who are fluent in a language in addition to English pursuant to the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.), the elections official shall ensure that the polling place is staffed by precinct board members who speak that language.\n(E) If a polling place consolidates one or more precincts for which the elections official is required to recruit precinct board members who are fluent in a language in addition to English pursuant to subdivision (c) of Section 12303, the elections official shall make reasonable efforts to ensure that the polling place is staffed by precinct board members who speak that language.\n(6) (A) The elections official delivers to each voter all supplies necessary for the use and return of the mail ballot, including an envelope for the return of the voted mail ballot with postage prepaid.\n(B) The elections official delivers to each voter, with either the sample ballot sent pursuant to Section 13303 or with the voter\u2019s ballot, all of the following:\n(i) A notice, translated in all languages required under subdivision (c) of Section 14201 and Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.), that informs voters of all of the following:\n(I) An all-mailed ballot election is being conducted and each eligible voter will receive a ballot by mail.\n(II) The voter may cast a ballot in person at a satellite location provided for under paragraph (4) or at a polling place on election day.\n(III) The voter may request the elections official to send a vote by mail ballot in a language other than English pursuant to Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.) or a facsimile copy of the ballot printed in a language other than English pursuant to Section 14201.\n(ii) A list of the ballot dropoff locations, satellite locations, and polling places established pursuant to this section. The list shall also be posted on the Internet Web site of the elections official.\n(iii) A postage-paid postcard that the voter may return to the elections official for the purpose of requesting a vote by mail ballot in a language other than English.\n(7) (A) The elections official submits to the Secretary of State a voter education and outreach plan to be implemented by the eligible entity for any election conducted pursuant to this section. The voter education and outreach plan shall include, but shall not be limited to, all of the following:\n(i) One education and outreach meeting that includes representatives, advocates, and other stakeholders representing each community for which the eligible entity is required to provide voting materials and assistance in a language other than English under subdivision (c) of Section 14201 and the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.).\n(ii) One education and outreach meeting that includes representatives from community organizations and individuals that advocate on behalf of, or provide services to, individuals with disabilities.\n(iii) At least one in-person bilingual voter education workshop for each language in which the eligible entity is required to provide voting materials and assistance under subdivision (c) of Section 14201 and the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.).\n(iv) At least one in-person voter education workshop to increase accessibility for participation of eligible voters with disabilities.\n(v) A toll-free voter assistance hotline maintained by the elections official that is operational no later than the date that vote by mail ballots are mailed to voters until 5 p.m. on the day after the special election. The toll-free voter assistance hotline shall provide assistance to voters in all languages in which the eligible entity is required to provide voting materials and assistance under subdivision (c) of Section 14201 and the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.).\n(vi) At least one public service announcement in the media, including newspapers, radio, and television, that serve English-speaking citizens for purposes of informing voters of the upcoming election and promoting the toll-free voter assistance hotline.\n(vii) At least one public service announcement in the media, including newspapers, radio, and television, that serve non-English-speaking citizens for each language in which the eligible entity is required to provide voting materials and assistance under subdivision (c) of Section 14201 and the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.) for purposes of informing voters of the upcoming election and promoting the toll-free voter assistance hotline.\n(viii) A voter education social media strategy that is developed in partnership with community organizations and individuals that advocate on behalf of, or provide services to, non-English-speaking individuals and individuals with disabilities.\n(B) The voter education and outreach plan shall be posted on the Internet Web site of the Secretary of State and on the Internet Web site of the elections official.\n(c) Except as otherwise provided in this section, the election day procedures shall be conducted in accordance with Division 14 (commencing with Section 14000).\n(d) The elections official may provide, at his or her discretion, additional ballot dropoff locations and polling places for purposes of this section.\n(e) The return of voted mail ballots is subject to Sections 3017 and 3020.\n(f) (1) If the eligible entity conducts a special election pursuant to this section, it may process vote by mail ballot return envelopes beginning 29 days before the election. Processing vote by mail ballot return envelopes may include verifying the voter\u2019s signature on the vote by mail ballot return envelope and updating voter history records.\n(2) If the eligible entity conducts a special election pursuant to this section, it may start to process vote by mail ballots on the 10th business day before the election. Processing vote by mail ballots includes opening vote by mail ballot return envelopes, removing ballots, duplicating any damaged ballots, and preparing the ballots to be machine read, or machine reading them, but under no circumstances shall a vote count be accessed or released until 8 p.m. on the day of the election.\n(g) Results of any vote by mail ballot tabulation or count shall not be released before the close of the polls on the day of the election.\n(h) For the sole purpose of reporting the results of an election conducted pursuant to this section, upon completion of the ballot count, the elections official shall divide the jurisdiction into precincts pursuant to Article 2 (commencing with Section 12220) of Chapter 3 of Division 12 and shall prepare a statement of the results of the election in accordance with Sections 15373 and 15374.\n(i) The elections official shall compile an index, list, or file of all persons who voted in an election conducted pursuant to this section. If the elections official uses data-processing equipment to compile the index, list, or file, he or she shall retain an accurate copy of that index, list, or file in electronic format for a period of 10 years.\n(j) (1) If an election is conducted pursuant to this section, the eligible entity shall report to the Legislature and to the Secretary of State regarding the success of the election, including, but not limited to, all of the following:\n(A) Any statistics on the cost to conduct the election.\n(B) The turnout of different populations, including, but not limited to, and to the extent possible, the population categories of race, ethnicity, language preference, age, gender, disability, permanent vote by mail status, and political party preference.\n(C) The number of ballots that were not counted and the reasons they were rejected.\n(D) Voter fraud.\n(E) Any other problems that become known to the eligible entity during the election or canvass.\n(2) Whenever possible, using the criteria set forth in paragraph (1), the report shall compare the election conducted pursuant to this section to similar elections not conducted pursuant to this section in the same jurisdiction or comparable jurisdictions.\n(3) Within six months after the date of the election or before the date of a subsequent election conducted pursuant to this section, whichever is sooner, the eligible entity shall do all of the following with respect to the report required by this subdivision:\n(A) Submit the report to the Legislature in compliance with Section 9795 of the Government Code.\n(B) Submit the report to the Secretary of State.\n(C) Post the report on the Internet Web site of the elections official.\n(k) For purposes of this section, \u201celigible entity\u201d means both of the following:\n(1) San Diego County.\n(2) A city, school district, community college district, special district, or other district or political subdivision organized pursuant to state law, whose boundaries are located wholly within San Diego County.\n(l) This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date.\nSEC. 2.\nThe 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 voting behavior, demographic characteristics, and unique special election experiences of San Diego County. It is the intent of the Legislature that the provisions of this act continue the pilot program that may be used for future special elections.","title":""}
{"_id":"c450","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nThe Legislature finds and declares all of the following:\n(a) Pupil achievement in mathematics is important to prepare pupils for college and their future careers, especially those careers in the fields of science, technology, engineering, and mathematics (STEM).\n(b) Placement in appropriate mathematics courses is critically important for a pupil during his or her middle and high school years. A pupil\u2019s 9th grade math course placement is a crucial crossroads for his or her future educational success. Misplacement in the sequence of mathematics courses creates a number of barriers and results in pupils being less competitive for college admissions, including admissions at the California State University and University of California.\n(c) The most egregious examples of mathematics misplacement occur with successful pupils and, disproportionately, with successful pupils of color. These successful pupils are achieving a grade of \u201cB\u201d or better, or are testing at proficient or even advanced proficiency on state assessments. Nevertheless, they are held back to repeat 8th grade mathematics coursework rather than advancing to the next course in the recommended mathematics course sequence.\n(d) Mathematics misplacement has far-reaching impacts on a pupil\u2019s confidence, general knowledge of mathematical concepts, and high school experience, and may also impact the college career opportunities available to the pupil.\n(e) New research shows that it is less common for pupils of color, even high-achieving pupils of color, to reach calculus by grade 12 compared to their white and Asian peers.\n(f) All pupils, regardless of race, ethnicity, gender, or socioeconomic background, deserve an equal chance to advance in mathematics.\n(g) With the shift towards implementation of the Common Core State Standards for Mathematics, it is particularly important for all pupils to have access to high-quality mathematics programs that meet the goals and expectations of these standards.\n(h) It is crucial for teachers and guidance personnel to advise pupils and parents on the importance of accurate mathematics course placement and its impact on future college eligibility so pupils may take each course in the mathematics course sequence.\n(i) California faces a looming shortage of college-educated workers in an increasingly competitive global economy.\n(j) A policy for correct mathematics placement must be addressed in order to ensure a fair process and chance of success for all pupils.\nSEC. 2.\nSection 51224.7 is added to the Education Code, to read:\n51224.7.\n(a) This act shall be known, and may be cited, as the California Mathematics Placement Act of 2015.\n(b) Governing boards or bodies of local educational agencies that serve pupils entering grade 9 and that have not adopted a fair, objective, and transparent mathematics placement policy, as described in paragraphs (1) to (5), inclusive, as of January 1, 2016, shall, before the beginning of the 2016\u201317 school year, develop and adopt, in a regularly scheduled public meeting, a fair, objective, and transparent mathematics placement policy for pupils entering grade 9 that does all of the following:\n(1) Systematically takes multiple objective academic measures of pupil performance into consideration. For purposes of this paragraph, \u201cobjective academic measures\u201d means measures, such as statewide mathematics assessments, including interim and summative assessments authorized pursuant to Section 60640, placement tests that are aligned to state-adopted content standards in mathematics, classroom assignment and grades, and report cards.\n(2) Includes at least one placement checkpoint within the first month of the school year to ensure accurate placement and permit reevaluation of individual pupil progress.\n(3) Requires examination of aggregate pupil placement data annually to ensure that pupils who are qualified to progress in mathematics courses based on their performance on objective academic measures selected for inclusion in the policy pursuant to paragraph (1) are not held back in a disproportionate manner on the basis of their race, ethnicity, gender, or socioeconomic background. The local educational agency shall report the aggregate results of this examination to the governing board or body of the local educational agency.\n(4) Offers clear and timely recourse for each pupil and his or her parent or legal guardian who questions the pupil\u2019s placement.\n(5) For nonunified school districts, addresses the consistency of mathematics placement policies between elementary and high school districts.\n(c) Governing boards or bodies of local educational agencies serving pupils who are transitioning between elementary and middle school or elementary and junior high school may develop and implement a mathematics placement policy for these pupils, as applicable, that satisfies paragraphs (1) to (5), inclusive, of subdivision (b).\n(d) Each governing board or body of a local educational agency shall ensure that its mathematics placement policy is posted on its Internet Web site.\n(e) For purposes of this section, \u201clocal educational agency\u201d means county office of education, school district, state special school, or charter school.\nSEC. 3.\nIf 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.","title":""}
{"_id":"c167","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 1531.6 is added to the Code of Civil Procedure, to read:\n1531.6.\n(a) In addition to the notices required pursuant to this chapter, the Controller may mail a separate notice to an apparent owner of a United States savings bond, war bond, or military award whose name is shown on or can be associated with the contents of a safe deposit box or other safekeeping repository and is different from the reported owner of the safe deposit box or other safekeeping repository.\n(b) A notice sent pursuant to this section shall not contain a photograph or likeness of an elected official.\n(c) (1) Notwithstanding any other law, upon request of the Controller, a state or local governmental agency may furnish to the Controller from its records the address or other identification or location information that could reasonably be used to locate an owner of unclaimed property.\n(2) If the address or other identification or location information requested by the Controller is deemed confidential under any law or regulation of the state, it shall nevertheless be furnished to the Controller. However, neither the Controller nor any officer, agent, or employee of the Controller shall use or disclose that information, except as may be necessary in attempting to locate the owner of unclaimed property.\n(3) This subdivision shall not be construed to require disclosure of information in violation of federal law.\n(4) If a fee or charge is customarily made for the information requested by the Controller, the Controller shall pay the customary fee or charge.\n(d) Costs for administering this section shall be subject to the level of appropriation in the annual Budget Act.\nSEC. 2.\nSection 1563 of the Code of Civil Procedure is amended to read:\n1563.\n(a) Except as provided in subdivisions (b) and (c), all escheated property delivered to the Controller under this chapter shall be sold by the Controller to the highest bidder at public sale in whatever city in the state affords in his or her judgment the most favorable market for the property involved, or the Controller may conduct the sale by electronic media, including, but not limited to, the Internet, if in his or her judgment it is cost effective to conduct the sale of the property involved in that manner. However, no sale shall be made pursuant to this subdivision until 18 months after the final date for filing the report required by Section 1530. The Controller may decline the highest bid and reoffer the property for sale if he or she considers the price bid insufficient. The Controller need not offer any property for sale if, in his or her opinion, the probable cost of sale exceeds the value of the property. Any sale of escheated property held under this section shall be preceded by a single publication of notice thereof, at least one week in advance of sale, in an English language newspaper of general circulation in the county where the property is to be sold.\n(b) Securities listed on an established stock exchange shall be sold at the prevailing prices on that exchange. Other securities may be sold over the counter at prevailing prices or, with prior approval of the California Victim Compensation and Government Claims Board, by any other method that the Controller may determine to be advisable. These securities shall be sold by the Controller no sooner than 18 months, but no later than 20 months, after the final date for filing the report required by Section 1530. If securities delivered to the Controller by a holder of the securities remain in the custody of the Controller, a person making a valid claim for those securities under this chapter shall be entitled to receive the securities from the Controller. If the securities have been sold, the person shall be entitled to receive the net proceeds received by the Controller from the sale of the securities. United States government savings bonds and United States war bonds shall be presented to the United States for payment. Subdivision (a) does not apply to the property described in this subdivision.\n(c) (1) All escheated property consisting of military awards, decorations, equipment, artifacts, memorabilia, documents, photographs, films, literature, and any other item relating to the military history of California and Californians that is delivered to the Controller is exempt from subdivision (a) and may, at the discretion of the Controller, be held in trust for the Controller at the California State Military Museum and Resource Center, or successor entity. All escheated property held in trust pursuant to this subdivision is subject to the applicable regulations of the United States Army governing Army museum activities as described in Section 179 of the Military and Veterans Code. Any person claiming an interest in the escheated property may file a claim to the property pursuant to Article 4 (commencing with Section 1540).\n(2) The California State Military Museum and Resource Center, or successor entity, shall be responsible for the costs of storage and maintenance of escheated property delivered by the Controller under this subdivision.\n(d) The purchaser at any sale conducted by the Controller pursuant to this chapter shall receive title to the property purchased, free from all claims of the owner or prior holder thereof and of all persons claiming through or under them. The Controller shall execute all documents necessary to complete the transfer of title.","title":""}
{"_id":"c231","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 22358.4 of the Vehicle Code is amended to read:\n22358.4.\n(a) (1)\nWhenever\nIf\na local authority determines upon the basis of an engineering and traffic survey that the prima facie speed limit of 25 miles per hour established by paragraph (2) of subdivision (a) of Section 22352 is more than is reasonable or safe, the local authority may, by ordinance or resolution, determine and declare a prima facie speed limit of 20 or 15 miles per hour, whichever is justified as the appropriate speed limit by that survey.\n(2) An ordinance or resolution adopted under paragraph (1) shall not be effective until appropriate signs giving notice of the speed limit are erected upon the highway and, in the case of a state highway, until the ordinance is approved by the Department of Transportation and the appropriate signs are erected upon the highway.\n(b) (1) Notwithstanding subdivision (a) or any other provision of law, a local authority may, by ordinance or resolution, determine and declare prima facie speed limits as follows:\n(A) A 15 miles per hour prima facie limit in a residence district, on a highway with a posted speed limit of 30 miles per hour or slower, when approaching, at a distance of less than\n500\n1,320\nfeet from, or passing, a school building or the grounds of a school building, contiguous to a highway and posted with a school warning sign that indicates a speed limit of 15 miles per hour, while children are going to or leaving the school, either during school hours or during the noon recess period. The prima facie limit shall also apply when approaching, at a distance of less than\n500\n1,320\nfeet from, or passing, school grounds that are not separated from the highway by a fence, gate, or other physical barrier while the grounds are in use by children and the highway is posted with a school warning sign that indicates a speed limit of 15 miles per hour.\n(B) A 25 miles per hour prima facie limit in a residence district, on a highway with a posted speed limit of 30 miles per hour or slower, when approaching, at a distance of 500 to\n1,000\n1,320\nfeet from, a school building or the grounds thereof, contiguous to a highway and posted with a school warning sign that indicates a speed limit of 25 miles per hour, while children are going to or leaving the school, either during school hours or during the noon recess period. The prima facie limit shall also apply when approaching, at a distance of 500 to\n1,000\n1,320\nfeet from, school grounds that are not separated from the highway by a fence, gate, or other physical barrier while the grounds are in use by children and the highway is posted with a school warning sign that indicates a speed limit of 25 miles per hour.\n(2) The prima facie limits established under paragraph (1) apply only to highways that meet all of the following conditions:\n(A) A maximum of two traffic lanes.\n(B) A maximum posted 30 miles per hour prima facie speed limit immediately prior to and after the school zone.\n(3) The prima facie limits established under paragraph (1) apply to all lanes of an affected highway, in both directions of travel.\n(4) When determining the need to lower the prima facie speed limit, the local authority shall take the provisions of Section 627 into consideration.\n(5) (A) An ordinance or resolution adopted under paragraph (1) shall not be effective until appropriate signs giving notice of the speed limit are erected upon the highway and, in the case of a state highway, until the ordinance is approved by the Department of Transportation and the appropriate signs are erected upon the highway.\n(B) For purposes of subparagraph (A) of paragraph (1), school warning signs indicating a speed limit of 15 miles per hour may be placed at a distance up to\n500\n1,320\nfeet away from school grounds.\n(C) For purposes of subparagraph (B) of paragraph (1), school warning signs indicating a speed limit of 25 miles per hour may be placed at any distance between 500 and\n1,000\n1,320\nfeet away from the school grounds.\n(D) A local authority shall reimburse the Department of Transportation for all costs incurred by the department under this subdivision.\n(E) Notwithstanding the maximum distance established in this section, a local authority may, upon the basis of an engineering and travel survey documenting school attendance boundaries or travel patterns to and from a school, or both, extend the maximum distance up to one mile to establish a prima facie speed limit and school warnings signs, as defined in this section, to a distance or specific locations, or both, consistent with the findings of the travel survey.\nSEC. 2.\nNo reimbursement is required by this act pursuant to Section 6 of Article XIII\u2009B 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\u2009B of the California Constitution.","title":""}
{"_id":"c230","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 22358.4 of the Vehicle Code is amended to read:\n22358.4.\n(a) (1)\nWhenever\nIf\na local authority determines upon the basis of an engineering and traffic survey that the prima facie speed limit of 25 miles per hour established by paragraph (2) of subdivision (a) of Section 22352 is more than is reasonable or safe, the local authority may, by ordinance or resolution, determine and declare a prima facie speed limit of 20 or 15 miles per hour, whichever is justified as the appropriate speed limit by that survey.\n(2) An ordinance or resolution adopted under paragraph (1) shall not be effective until appropriate signs giving notice of the speed limit are erected upon the highway and, in the case of a state highway, until the ordinance is approved by the Department of Transportation and the appropriate signs are erected upon the highway.\n(b) (1) Notwithstanding subdivision (a) or any other provision of law, a local authority may, by ordinance or resolution, determine and declare prima facie speed limits as follows:\n(A) A 15 miles per hour prima facie limit in a residence district, on a highway with a posted speed limit of 30 miles per hour or slower, when approaching, at a distance of less than\n500\n1,320\nfeet from, or passing, a school building or the grounds of a school building, contiguous to a highway and posted with a school warning sign that indicates a speed limit of 15 miles per\nhour, while children are going to or leaving the school, either during school hours or during the noon recess period.\nhour.\nThe prima facie limit shall also apply when approaching, at a distance of less than 500 feet from, or passing, school grounds that are not separated from the highway by a fence, gate, or other physical barrier\nwhile the grounds are in use by children\nand the highway is posted with a school warning sign that indicates a speed limit of 15 miles per hour.\n(B) A 25 miles per hour prima facie limit in a residence district, on a highway with a posted speed limit of 30 miles per hour or slower, when approaching, at a distance of 500 to\n1,000\n1,320\nfeet from, a school building or the grounds thereof, contiguous to a highway and posted with a school warning sign that indicates a speed limit of 25 miles per\nhour, while children are going to or leaving the school, either during school hours or during the noon recess period.\nhour.\nThe prima facie limit shall also apply when approaching, at a distance of 500 to\n1,000\n1,320\nfeet from, school grounds that are not separated from the highway by a fence, gate, or other physical barrier\nwhile the grounds are in use by children\nand the highway is posted with a school warning sign that indicates a speed limit of 25 miles per hour.\n(2) The prima facie limits established under paragraph (1) apply only to highways that meet all of the following conditions:\n(A) A maximum of two traffic lanes.\n(B) A maximum posted 30 miles per hour prima facie speed limit immediately prior to and after the school zone.\n(3) The prima facie limits established under paragraph (1) apply to all lanes of an affected highway, in both directions of travel.\n(4) When determining the need to lower the prima facie speed limit, the local authority shall take the provisions of Section 627 into consideration.\n(5) (A) An ordinance or resolution adopted under paragraph (1) shall not be effective until appropriate signs giving notice of the speed limit are erected upon the highway and, in the case of a state highway, until the ordinance is approved by the Department of Transportation and the appropriate signs are erected upon the highway.\n(B) For purposes of subparagraph (A) of paragraph (1), school warning signs indicating a speed limit of 15 miles per hour may be placed at a distance up to\n500\n1,320\nfeet away from school grounds.\n(C) For purposes of subparagraph (B) of paragraph (1), school warning signs indicating a speed limit of 25 miles per hour may be placed at any distance between 500 and\n1,000\n1,320\nfeet away from the school grounds.\n(D) A local authority shall reimburse the Department of Transportation for all costs incurred by the department under this subdivision.\n(E) Notwithstanding the maximum distance established in this section, a local authority may, upon the basis of an engineering and travel survey documenting school attendance boundaries or travel patterns to and from a school, or both, extend the maximum distance to establish a prima facie speed limit and school warnings signs, as defined in this section, to a distance or specific locations, or both, consistent with the findings of the travel survey.\nSEC. 2.\nNo reimbursement is required by this act pursuant to Section 6 of Article XIII\u2009B 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\u2009B of the California Constitution.","title":""}
{"_id":"c427","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nThe Legislature finds and declares all of the following:\n(a) California has the fifth largest Temporary Assistance for Needy Families (TANF) cash grant in the nation, and the second largest amongst the 10 largest states, yet poverty remains a persistent problem.\n(b) In its Supplemental Poverty Measure report for the year 2013, released in October 2014, the United States Census Bureau reported California\u2019s rate of poverty to be 23.4%. This rate is the highest among all 50 states.\n(c) Using census data released in September 2014, the California Budget Project reported that the economic recovery from the Great Recession has largely bypassed low- and middle-income Californians, with the bottom three-fifths of the income distribution experiencing stagnating income gains. This is contrasted with the top one-fifth of the income distribution experiencing gains of 52.4%.\n(d) According to the Legislative Analyst\u2019s Office (LAO), evidence from academic studies suggests that the federal Earned Income Tax Credit (EITC) increases paid work participation to be higher than if the federal EITC did not exist.\n(e) The LAO further states that the federal EITC also reduces poverty to some extent for tens of millions of people.\n(f) The federal EITC has historically had a high level of improper payments to people who claimed a bigger credit than that for which they were eligible. As the federal EITC is a proven antipoverty measure that encourages work, California should adopt its own version of the EITC that includes appropriate enforcement activities to reduce improper payments.\nSEC. 2.\nSection\n17052.1\n17052.3\nis added to the Revenue and Taxation Code, to read:\n17052.1.\n17052.3.\n(a) For each taxable year beginning on or after January 1, 2016, and before January 1, 2023, there shall be allowed to a qualified taxpayer a credit against the \u201cnet tax,\u201d as defined by Section 17039, an amount computed by multiplying the federal earned income credit amount, as defined by subdivision (b), by 15 percent.\n(b) (1) For purposes of this section, except as provided in paragraph (2), \u201cfederal earned income credit amount\u201d means the amount determined under Section 32 of the Internal Revenue Code, as amended by Section 1002(a) of Public Law 111-5, as amended by Section 219(a)(2) of Public Law 111-226, as amended by Section 103(c) of Public Law 111-312, and as amended by Section 103(c) of Public Law 112-240.\n(2) For each taxable year beginning on or after January 1, 2017, and before January 1, 2023, the Franchise Tax Board shall recompute the amounts prescribed in Section\n32(b)\n32(b)(2)\nof the Internal Revenue Code, relating to amounts, and Section 32(i) of the Internal Revenue Code, relating to denial of credit for individuals having excessive investment income. That computation shall be made as follows:\n(A) The\nCalifornia\nDepartment of Industrial Relations shall transmit annually to the Franchise Tax Board the percentage change in the California Consumer Price Index for all items from June of the prior calendar year to June of the current calendar year, no later than August 1 of the current calendar year.\n(B) The Franchise Tax Board shall do both of the following:\n(i) Compute an inflation adjustment factor by adding 100 percent to the percentage change figure that is furnished pursuant to subparagraph (A) and dividing the result by 100.\n(ii) Multiply the preceding taxable year income tax brackets by the inflation adjustment factor determined in clause (i) and round off the resulting products to the nearest one dollar ($1).\n(c) For purposes of this section, \u201cqualified taxpayer\u201d means an individual who is eligible for a credit, for federal income tax purposes, under Section 32 of the Internal Revenue Code, as amended by Section 1002(a) of Public Law 111-5, as amended by Section 219(a)(2) of Public Law 111-226, as amended by Section 103(c) of Public Law 111-312, and as amended by Section 103(c) of Public Law 112-240, for the taxable year in which the credit allowed under this section is claimed, and who is legally working in the state and possesses a valid social security number, legal work authorization, or\ntaxpayer\u2019s\ntaxpayer\nidentification number.\n(d) Any simple error shall be treated as a mathematical error appearing on the return.\n(e) (1) Except as provided in paragraph (2)\n,\nin the case where the credit allowed under this section exceeds\nthe\n\u201cnet tax,\u201d the excess credit may be carried over to reduce the \u201cnet tax\u201d in the following taxable year, and succeeding taxable years, if necessary, until the credit is exhausted.\n(2) If the amount allowable as a credit under this section exceeds the tax liability computed under this part, the excess shall be credited against other amounts due, if any, and the balance, if any, shall, upon appropriation by the Legislature, be paid from the General Fund and refunded to the qualified taxpayer.\n(3) Any amount paid to a qualified taxpayer pursuant to this section shall not be included in income subject to tax under this part.\n(f) The credit allowed by this section may be claimed only on a timely filed original return of the qualified taxpayer. The determinations of the Franchise Tax Board with respect to the date a return has been received by the Franchise Tax Board for purposes of this subdivision may not be reviewed in any administrative or judicial proceeding.\n(g) Notwithstanding any other law, and to the extent permitted by federal law, amounts paid pursuant to subdivision (e) shall be treated the same as the federal earned income credit amount for the purpose of determining eligibility to receive benefits under Division 9 (commencing with Section 10000) of the Welfare and Institutions Code or amounts of those benefits.\n(h) For purposes of this section, the Franchise Tax Board shall do the following:\n(1) Administer enforcement activities to address improper payments.\n(2) Collaborate with the Employment Development Department to develop criteria for, and a process to verify, taxpayer income information using wage and withholding data.\n(3) Establish criteria for, and a process to identify, high-risk returns. High-risk returns may be subject to increased verification procedures and payments pursuant to this section may be suspended until the information is verified.\n(4) (A) Notwithstanding Section 10231.5 of the Government Code, beginning January 1, 2017, and each January 1 thereafter, until January 1, 2023, the Franchise Tax Board shall submit a report on the use of the credit described in subdivision (a) to the Legislature. The report shall include information regarding the eligibility for the credit, use of the credit, and information regarding improper payments.\n(B) A report submitted pursuant to this paragraph shall be submitted in compliance with Section 9795 of the Government Code.\n(i) The Franchise Tax Board may prescribe rules, guidelines, or procedures necessary or appropriate to carry out the purposes of this section. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to any rule, guideline, or procedure prescribed by the Franchise Tax Board pursuant to this section.\n(j) Section 41 does not apply to the credit allowed by this section.\n(k) This section shall remain in effect only until December 1, 2023, and as of that date is repealed.\nSEC. 3.\nThis act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect.","title":""}
{"_id":"c386","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 7522.02 of the Government Code is amended to read:\n7522.02.\n(a) (1) Notwithstanding any other law, except as provided in this article, on and after January 1, 2013, this article shall apply to all state and local public retirement systems and to their participating employers, including the Public Employees\u2019 Retirement System, the State Teachers\u2019 Retirement System, the Legislators\u2019 Retirement System, the Judges\u2019 Retirement System, the Judges\u2019 Retirement System II, county and district retirement systems created pursuant to the County Employees Retirement Law of 1937 (Chapter 3 (commencing with Section 31450) of Part 3 of Division 4 of Title 3), independent public retirement systems, and to individual retirement plans offered by public employers. However, this article shall be subject to the Internal Revenue Code and Section 17 of Article XVI of the California Constitution. The administration of the requirements of this article shall comply with applicable provisions of the Internal Revenue Code and the Revenue and Taxation Code.\n(2) Notwithstanding paragraph (1), this article shall not apply to the entities described in Section 9 of Article IX of, and Sections 4 and 5 of Article XI of, the California Constitution, except to the extent that these entities continue to be participating employers in any retirement system governed by state statute. Accordingly, any retirement plan approved before January 1, 2013, by the voters of any entity excluded from coverage by this section shall not be affected by this article.\n(3)\n(A)\nNotwithstanding paragraph (1), this article shall not apply to a public employee whose interests are protected under Section 5333(b) of Title 49 of the United States Code and who became a member of a state or local public retirement system prior to December 30, 2014.\n(B) If a federal district court upholds the determination of the United States Secretary of Labor, or his or her designee, that application of this article precludes him or her from providing a certification under Section 5333(b) of Title 49 of the United States Code, this article shall not apply to a public employee whose interests are protected under that section.\n(4) Notwithstanding paragraph (1), this article shall not apply to a multiemployer plan authorized by Section 302(c)(5) of the federal Taft-Hartley Act (29 U.S.C. Sec. 186(c)(5)) if the public employer began participation in that plan prior to January 1, 2013, and the plan is regulated by the federal Employee Retirement Income Security Act of 1974 (29 U.S.C. Sec. 1001 et seq.).\n(b) The benefit plan required by this article shall apply to public employees who are new members as defined in Section 7522.04.\n(c) (1) Individuals who were employed by any public employer before January 1, 2013, and who became employed by a subsequent public employer for the first time on or after January 1, 2013, shall be subject to the retirement plan that would have been available to employees of the subsequent employer who were first employed by the subsequent employer on or before December 31, 2012, if the individual was subject to concurrent membership for which creditable service was performed in the previous six months or reciprocity established under any of the following provisions:\n(A) Article 5 (commencing with Section 20350) of Chapter 3 of Part 3 of Division 5 of Title 2.\n(B) Chapter 3 (commencing with Section 31450) of Part 3 of Division 4 of Title 3.\n(C) Any agreement between public retirement systems to provide reciprocity to members of the systems.\n(D) Section 22115.2 of the Education Code.\n(2) An individual who was employed before January 1, 2013, and who, without a separation from employment, changed employment positions and became subject to a different defined benefit plan in a different public retirement system offered by his or her employer shall be subject to that defined benefit plan as it would have been available to employees who were first employed on or before December 31, 2012.\n(d) If a public employer, before January 1, 2013, offers a defined benefit pension plan that provides a defined benefit formula with a lower benefit factor at normal retirement age and results in a lower normal cost than the defined benefit formula required by this article, that employer may continue to offer that defined benefit formula instead of the defined benefit formula required by this article, and shall not be subject to the requirements of Section 7522.10 for pensionable compensation subject to that formula. However, if the employer adopts a new defined benefit formula on or after January 1, 2013, that formula must conform to the requirements of this article or must be determined and certified by the retirement system\u2019s chief actuary and the retirement board to have no greater risk and no greater cost to the employer than the defined benefit formula required by this article and must be approved by the Legislature. New members of the defined benefit plan may only participate in the lower cost defined benefit formula that was in place before January 1, 2013, or a defined benefit formula that conforms to the requirements of this article or is approved by the Legislature as provided in this subdivision.\n(e) If a public employer, before January 1, 2013, offers a retirement benefit plan that consists solely of a defined contribution plan, that employer may continue to offer that plan instead of the defined benefit pension plan required by this article. However, if the employer adopts a new defined benefit pension plan or defined benefit formula on or after January 1, 2013, that plan or formula must conform to the requirements of this article or must be determined and certified by the retirement system\u2019s chief actuary and the system\u2019s board to have no greater risk and no greater cost to the employer than the defined benefit formula required by this article and must be approved by the Legislature. New members of the employer\u2019s plan may only participate in the defined contribution plan that was in place before January 1, 2013, or a defined contribution plan or defined benefit formula that conforms to the requirements of this article. This subdivision shall not be construed to prohibit an employer from offering a defined contribution plan on or after January 1, 2013, either with or without a defined benefit plan, whether or not the employer offered a defined contribution plan prior to that date.\n(f) (1) If, on or after January 1, 2013, the Cities of Brea and Fullerton form a joint powers authority pursuant to the provisions of the Joint Exercise of Powers Act (Article 1 (commencing with Section 6500) of Chapter 5), that joint powers authority may provide employees the defined benefit plan or formula that those employees received from their respective employers prior to the exercise of a common power, to which the employee is associated, by the joint powers authority to any employee of the City of Brea, the City of Fullerton, or a city described in paragraph (2) who is not a new member and subsequently is employed by the joint powers authority within 180 days of the city providing for the exercise of a common power, to which the employee was associated, by the joint powers authority.\n(2) On or before January 1, 2017, a city in Orange County that is contiguous to the City of Brea or the City of Fullerton may join the joint powers authority described in paragraph (1) but not more than three cities shall be permitted to join.\n(3) The formation of a joint powers authority on or after January 1, 2013, shall not act in a manner as to exempt a new employee or a new member, as defined by Section 7522.04, from the requirements of this article. New members may only participate in a defined benefit plan or formula that conforms to the requirements of this article.\n(g) The Judges\u2019 Retirement System and the Judges\u2019 Retirement System II shall not be required to adopt the defined benefit formula required by Section 7522.20 or 7522.25 or the compensation limitations defined in Section 7522.10.\n(h) This article shall not be construed to provide membership in any public retirement system for an individual who would not otherwise be eligible for membership under that system\u2019s applicable rules or laws.\n(i) On and after January 1, 2013, each public retirement system shall modify its plan or plans to comply with the requirements of this article and may adopt regulations or resolutions for this purpose.","title":""}
{"_id":"c226","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 21608.5 of the Business and Professions Code is amended to read:\n21608.5.\n(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:\n(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.\n(2) At the time of sale, the junk dealer or recycler obtains a clear photograph or video of the seller.\n(3) (A) Except as provided in subparagraph (B), the junk dealer or recycler obtains a copy of the valid driver\u2019s 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.\n(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\u2019s 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, \u201calternative address\u201d means an address that is different from the address appearing on the seller\u2019s driver\u2019s license or identification card.\n(4) The junk dealer or recycler obtains a clear photograph or video of the nonferrous material being purchased.\n(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.\n(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.\n(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.\n(b) Paragraph (1) of subdivision (a) shall not apply if any of the following conditions are met:\n(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.\n(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.\n(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:\n(1) The name, physical business address, and business telephone number of the seller\u2019s business.\n(2) The business license number or tax identification number of the seller\u2019s business.\n(3) A copy of the valid driver\u2019s license of the person delivering the nonferrous material on behalf of the seller to the junk dealer or the recycler.\n(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.\n(2) Materials made of copper or copper alloys shall not be purchased under this subdivision.\n(e) This section shall not apply to coin dealers or to automobile dismantlers, as defined in Section 220 of the Vehicle Code.\n(f) For the purposes of this section, \u201cnonferrous material\u201d 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.\n(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.\n(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.\n(2) The report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.\n(i) This section shall remain in effect only until January 1, 2020, and as of that date is repealed.\nSEC. 2.\nSection 21608.5 is added to the Business and Professions Code, to read:\n21608.5.\n(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:\n(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.\n(2) At the time of sale, the junk dealer or recycler obtains a clear photograph or video of the seller.\n(3) (A) Except as provided in subparagraph (B), the junk dealer or recycler obtains a copy of the valid driver\u2019s 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.\n(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\u2019s 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, \u201calternative address\u201d means an address that is different from the address appearing on the seller\u2019s driver\u2019s license or identification card.\n(4) The junk dealer or recycler obtains a clear photograph or video of the nonferrous material being purchased.\n(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.\n(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.\n(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.\n(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.\n(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:\n(1) The name, physical business address, and business telephone number of the seller\u2019s business.\n(2) The business license number or tax identification number of the seller\u2019s business.\n(3) A copy of the valid driver\u2019s license of the person delivering the nonferrous material on behalf of the seller to the junk dealer or the recycler.\n(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.\n(2) Materials made of copper or copper alloys shall not be purchased under this subdivision.\n(e) This section shall not apply to coin dealers or to automobile dismantlers, as defined in Section 220 of the Vehicle Code.\n(f) For the purposes of this section, \u201cnonferrous material\u201d 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.\n(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.\n(h) This section shall become operative on January 1, 2020.","title":""}
{"_id":"c16","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\n(a) The Legislature finds and declares:\n(1) California\u2019s complex freight transportation system is responsible for one-third of the state\u2019s economy and jobs, with freight-dependent industries accounting for over $700 billion in revenue and over 5 million jobs in 2013, and is home to the largest gateway for international trade and domestic commerce in the nation, with an interconnected system of ports, railroads, highways, and roads that allow goods from around the world to move throughout the state.\n(2) Significant investments in freight inssions technology at California\u2019s public seaports and to eliminate taxes imposed on the purchase of that equipment that further increase the costs of purchasing and maintaining zero-emission equipment and supporting infrastructure, which are already of significantly greater expense than conventional equipment and infrastructure.\nSEC. 2.\nSection 6377.5 is added to the Revenue and Taxation Code, to read:\n6377.5.\n(a) On or after January 1, 2017, and before January 1, 2030, there are exempted from the taxes imposed by this part the gross receipts from the sale of, and the storage, use, or other consumption in this state of, any of the following:\n(1) Qualified tangible personal property purchased for use by a qualified person to be used primarily in, at, or on a marine terminal of a California public port for carriage, handling, or movement of freight, cargo, and goods.\n(2) Qualified tangible personal property purchased for use by a qualified person to be used primarily to maintain, repair, measure, or test any qualified tangible personal property described in paragraph (1).\n(b) For purposes of this section:\n(1) \u201cPrimarily\u201d means 50 percent or more of the time.\n(2) \u201cQualified person\u201d means a person that is a stevedore, marine terminal operator, operator of a\nport\nport, rail ramp, rail yard, intermodal facility,\nor freight yard, or any other person that is engaged in cargo and freight loading, delivery, movement, storage, and conveyance at or within a California public seaport.\n(3) \u201cQualified tangible personal property\u201d includes both of the following:\n(A) All zero-emission or near-zero-emission equipment used in conjunction with the movement of goods or freight, including, but not limited to, computers, data-processing equipment, and computer software, required to operate, control, regulate, or maintain the zero-emission or near-zero-emission equipment, together with all repair and replacement parts with a useful life of one or more years therefor, whether purchased separately or in conjunction with the equipment and regardless of whether the machine or component parts are assembled by the qualified person or another party.\n(B) Special purpose buildings and foundations used as an integral part of the process of utilization of zero-emission equipment or near-zero-emission equipment constitute qualified tangible personal property to the extent that the sale of, or storage, use, or other consumption is subject to the imposition of sales or use tax.\n(4) \u201cZero-emission or near-zero-emission equipment\u201d means equipment,\noff-road\nvehicles, and related technologies used\nat a\nwithin the boundaries of a\nCalifornia public seaport that reduce or eliminate greenhouse gas emissions and improve air quality when compared with conventional or fully commercialized alternatives, as identified by the State Air Resources Board in consultation with the State Energy Resources Conservation and Development Commission. \u201cZero-emission and near-zero-emission equipment\u201d may include, but is not limited to, enabling technologies that provide a pathway to emission reductions, advanced or alternative fuel engines, and hybrid or alternative fuel technologies for seaport equipment.\n(c) An exemption shall not be allowed under this section unless the purchaser furnishes the retailer with an exemption certificate, completed in accordance with any instructions or regulations as the board may prescribe, and the retailer retains the exemption certificate in its records and furnishes it to the board upon request.\n(d) (1) Notwithstanding the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200)) and the Transactions and Use Tax Law (Part 1.6 (commencing with Section 7251)), the exemption established by this section shall not apply with respect to any tax levied by a county, city, or district pursuant to, or in accordance with, either of those laws.\n(2) Notwithstanding subdivision (a), the exemption established by this section shall not apply with respect to any tax levied pursuant to Section 6051.2 or 6201.2, pursuant to Sections 35 and 36 of Article XIII of the California Constitution, or any tax levied pursuant to Sections 6051 or 6201 that is deposited in the State Treasury to the credit of the Local Revenue Fund 2011 pursuant to Sections 6051.15 or 6201.15.\n(e) Notwithstanding subdivision (a), the exemption provided by this section shall not apply to any sale or storage, use, or other consumption of property that, within one year from the date of purchase, is removed from California, converted from an exempt use under subdivision (a) to some other use not qualifying for exemption, or otherwise used in a manner not qualifying for exemption.\n(f) This section shall apply to leases of qualified tangible personal property classified as \u201ccontinuing sales\u201d and \u201ccontinuing purchases\u201d in accordance with Sections 6006.1 and 6010.1. The exemption established by this section shall apply to the rentals payable pursuant to the lease, provided the lessee is a qualified person and the tangible personal property is qualified tangible personal property used in an activity described in subdivision (a).\n(g) (1) Upon the effective date of this section, the Department of Finance shall estimate the total dollar amount of exemptions that will be taken for each calendar year, or any portion thereof, for which this section provides an exemption.\n(2) No later than each March 1 next following a calendar year for which this section provides an exemption, the board shall provide to the Joint Legislative Budget Committee a report of the total dollar amount of exemptions taken under this section for the immediately preceding calendar year. The report shall compare the total dollar amount of exemptions taken under this section for that calendar year with the department\u2019s estimate for that same calendar year. If that total dollar amount taken is less than the estimate for that calendar year, the report shall identify options for increasing exemptions taken so as to meet estimated amounts.\nSEC. 3.\nThis act provides for a tax levy within the meaning of Article IV of the\nCalifornia\nConstitution and shall go into immediate effect.","title":""}
{"_id":"c198","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 1925 of the Business and Professions Code is amended to read:\n1925.\nA registered dental hygienist in alternative practice may practice, pursuant to subdivision (a) of Section 1907, subdivision (a) of Section 1908, subdivisions (a) and (b) of Section 1910, Section 1910.5, and Section 1926.05 as an employee of a dentist or of another registered dental hygienist in alternative practice, as an independent contractor, as a sole proprietor of an alternative dental hygiene practice, as an employee of a primary care clinic or specialty clinic that is licensed pursuant to Section 1204 of the Health and Safety Code, as an employee of a primary care clinic exempt from licensure pursuant to subdivision (c) of Section 1206 of the Health and Safety Code, as an employee of a clinic owned or operated by a public hospital or health system, as an employee of a clinic owned and operated by a hospital that maintains the primary contract with a county government to fill the county\u2019s role under Section 17000 of the Welfare and Institutions Code, or as an employee of a professional corporation under the Moscone-Knox Professional Corporation Act (commencing with Section 13400) of Part 4 of Division 3 of Title 1 of the Corporations Code.\nSEC. 2.\nArticle 9.1 (commencing with Section 1967) is added to Chapter 4 of Division 2 of the Business and Professions Code, to read:\nArticle  9.1. Registered Dental Hygienist in Alternative Practice Corporations\n1967.\nA registered dental hygienist in alternative practice corporation is a professional corporation that is authorized to render professional services, as defined in Section 13401 of the Corporations Code, so long as that professional corporation and its shareholders, officers, directors, and professional employees rendering professional services are in compliance with the Moscone-Knox Professional Corporation Act (commencing with Section 13400) of Part 4 of Division 3 of Title 1 of the Corporations Code, this article, and all other statutes and regulations now or hereafter adopted pertaining to the professional corporation and the conduct of its affairs. With respect to a registered dental hygienist in alternative practice corporation, the governmental agency referred to in the Moscone-Knox Professional Corporation Act is the Dental Hygiene Committee of California.\n1967.1.\nIt shall constitute unprofessional conduct and a violation of this article for any person licensed under this article to violate, attempt to violate, directly or indirectly, assist in or abet the violation of, or conspire to violate any provision or term of this article, the Moscone-Knox Professional Corporation Act, or any regulations duly adopted under those laws.\n1967.2.\nA licensee employed by, or practicing in, a registered dental hygienist in alternative practice corporation pursuant to Section 13401.5 of the Corporations Code shall practice within the scope of their license and shall be subject to all applicable licensure provisions in their respective practice act.\n1967.3.\nThe income of a registered dental hygienist in alternative practice corporation attributable to professional services rendered while a shareholder is a disqualified person, as defined in subdivision (e) of Section 13401 of the Corporations Code, shall not in any manner accrue to the benefit of such shareholder or his or her shares in the registered dental hygienist in alternative practice corporation.\n1967.4.\n(a) The bylaws of a registered dental hygienist in alternative practice corporation shall include a provision whereby the capital stock of the professional corporation owned by a disqualified person, as defined in subdivision (e) of Section 13401 of the Corporations Code, or a deceased person, shall be sold to the professional corporation or to the remaining shareholders of the professional corporation not later than 90 days after disqualification, if the shareholder becomes a disqualified person, or not later than six months after death, if the shareholder becomes deceased.\n(b) A registered dental hygienist in alternative practice corporation shall provide adequate security by insurance or otherwise for claims against it by its patients arising out of the rendering of professional services.\nSEC. 3.\nSection 13401 of the Corporations Code is amended to read:\n13401.\nAs used in this part:\n(a) \u201cProfessional services\u201d means any type of professional services that may be lawfully rendered only pursuant to a license, certification, or registration authorized by the Business and Professions Code, the Chiropractic Act, or the Osteopathic Act.\n(b) \u201cProfessional corporation\u201d means a corporation organized under the General Corporation Law or pursuant to subdivision (b) of Section 13406 that is engaged in rendering professional services in a single profession, except as otherwise authorized in Section 13401.5, pursuant to a certificate of registration issued by the governmental agency regulating the profession as herein provided and that in its practice or business designates itself as a professional or other corporation as may be required by statute. However, any professional corporation or foreign professional corporation rendering professional services by persons duly licensed by the Medical Board of California or any examining committee under the jurisdiction of the board, the Osteopathic Medical Board of California, the Dental Board of California, the Dental Hygiene Committee of California, the California State Board of Pharmacy, the Veterinary Medical Board, the California Architects Board, the Court Reporters Board of California, the Board of Behavioral Sciences, the Speech-Language Pathology and Audiology Board, the Board of Registered Nursing, or the State Board of Optometry shall not be required to obtain a certificate of registration in order to render those professional services.\n(c) \u201cForeign professional corporation\u201d means a corporation organized under the laws of a state of the United States other than this state that is engaged in a profession of a type for which there is authorization in the Business and Professions Code for the performance of professional services by a foreign professional corporation.\n(d) \u201cLicensed person\u201d means any natural person who is duly licensed under the provisions of the Business and Professions Code, the Chiropractic Act, or the Osteopathic Act to render the same professional services as are or will be rendered by the professional corporation or foreign professional corporation of which he or she is, or intends to become, an officer, director, shareholder, or employee.\n(e) \u201cDisqualified person\u201d means a licensed person who for any reason becomes legally disqualified (temporarily or permanently) to render the professional services that the particular professional corporation or foreign professional corporation of which he or she is an officer, director, shareholder, or employee is or was rendering.\nSEC. 4.\nSection 13401.5 of the Corporations Code is amended to read:\n13401.5.\nNotwithstanding subdivision (d) of Section 13401 and any other provision of law, the following licensed persons may be shareholders, officers, directors, or professional employees of the professional corporations designated in this section so long as the sum of all shares owned by those licensed persons does not exceed 49 percent of the total number of shares of the professional corporation so designated herein, and so long as the number of those licensed persons owning shares in the professional corporation so designated herein does not exceed the number of persons licensed by the governmental agency regulating the designated professional corporation. This section does not limit employment by a professional corporation designated in this section to only those licensed professionals listed under each subdivision. Any person duly licensed under Division 2 (commencing with Section 500) of the Business and Professions Code, the Chiropractic Act, or the Osteopathic Act may be employed to render professional services by a professional corporation designated in this section.\n(a) Medical corporation.\n(1) Licensed doctors of podiatric medicine.\n(2) Licensed psychologists.\n(3) Registered nurses.\n(4) Licensed optometrists.\n(5) Licensed marriage and family therapists.\n(6) Licensed clinical social workers.\n(7) Licensed physician assistants.\n(8) Licensed chiropractors.\n(9) Licensed acupuncturists.\n(10) Naturopathic doctors.\n(11) Licensed professional clinical counselors.\n(12) Licensed physical therapists.\n(b) Podiatric medical corporation.\n(1) Licensed physicians and surgeons.\n(2) Licensed psychologists.\n(3) Registered nurses.\n(4) Licensed optometrists.\n(5) Licensed chiropractors.\n(6) Licensed acupuncturists.\n(7) Naturopathic doctors.\n(8) Licensed physical therapists.\n(c) Psychological corporation.\n(1) Licensed physicians and surgeons.\n(2) Licensed doctors of podiatric medicine.\n(3) Registered nurses.\n(4) Licensed optometrists.\n(5) Licensed marriage and family therapists.\n(6) Licensed clinical social workers.\n(7) Licensed chiropractors.\n(8) Licensed acupuncturists.\n(9) Naturopathic doctors.\n(10) Licensed professional clinical counselors.\n(d) Speech-language pathology corporation.\n(1) Licensed audiologists.\n(e) Audiology corporation.\n(1) Licensed speech-language pathologists.\n(f) Nursing corporation.\n(1) Licensed physicians and surgeons.\n(2) Licensed doctors of podiatric medicine.\n(3) Licensed psychologists.\n(4) Licensed optometrists.\n(5) Licensed marriage and family therapists.\n(6) Licensed clinical social workers.\n(7) Licensed physician assistants.\n(8) Licensed chiropractors.\n(9) Licensed acupuncturists.\n(10) Naturopathic doctors.\n(11) Licensed professional clinical counselors.\n(g) Marriage and family therapist corporation.\n(1) Licensed physicians and surgeons.\n(2) Licensed psychologists.\n(3) Licensed clinical social workers.\n(4) Registered nurses.\n(5) Licensed chiropractors.\n(6) Licensed acupuncturists.\n(7) Naturopathic doctors.\n(8) Licensed professional clinical counselors.\n(h) Licensed clinical social worker corporation.\n(1) Licensed physicians and surgeons.\n(2) Licensed psychologists.\n(3) Licensed marriage and family therapists.\n(4) Registered nurses.\n(5) Licensed chiropractors.\n(6) Licensed acupuncturists.\n(7) Naturopathic doctors.\n(8) Licensed professional clinical counselors.\n(i) Physician assistants corporation.\n(1) Licensed physicians and surgeons.\n(2) Registered nurses.\n(3) Licensed acupuncturists.\n(4) Naturopathic doctors.\n(j) Optometric corporation.\n(1) Licensed physicians and surgeons.\n(2) Licensed doctors of podiatric medicine.\n(3) Licensed psychologists.\n(4) Registered nurses.\n(5) Licensed chiropractors.\n(6) Licensed acupuncturists.\n(7) Naturopathic doctors.\n(k) Chiropractic corporation.\n(1) Licensed physicians and surgeons.\n(2) Licensed doctors of podiatric medicine.\n(3) Licensed psychologists.\n(4) Registered nurses.\n(5) Licensed optometrists.\n(6) Licensed marriage and family therapists.\n(7) Licensed clinical social workers.\n(8) Licensed acupuncturists.\n(9) Naturopathic doctors.\n(10) Licensed professional clinical counselors.\n(l) Acupuncture corporation.\n(1) Licensed physicians and surgeons.\n(2) Licensed doctors of podiatric medicine.\n(3) Licensed psychologists.\n(4) Registered nurses.\n(5) Licensed optometrists.\n(6) Licensed marriage and family therapists.\n(7) Licensed clinical social workers.\n(8) Licensed physician assistants.\n(9) Licensed chiropractors.\n(10) Naturopathic doctors.\n(11) Licensed professional clinical counselors.\n(m) Naturopathic doctor corporation.\n(1) Licensed physicians and surgeons.\n(2) Licensed psychologists.\n(3) Registered nurses.\n(4) Licensed physician assistants.\n(5) Licensed chiropractors.\n(6) Licensed acupuncturists.\n(7) Licensed physical therapists.\n(8) Licensed doctors of podiatric medicine.\n(9) Licensed marriage and family therapists.\n(10) Licensed clinical social workers.\n(11) Licensed optometrists.\n(12) Licensed professional clinical counselors.\n(n) Dental corporation.\n(1) Licensed physicians and surgeons.\n(2) Dental assistants.\n(3) Registered dental assistants.\n(4) Registered dental assistants in extended functions.\n(5) Registered dental hygienists.\n(6) Registered dental hygienists in extended functions.\n(7) Registered dental hygienists in alternative practice.\n(o) Professional clinical counselor corporation.\n(1) Licensed physicians and surgeons.\n(2) Licensed psychologists.\n(3) Licensed clinical social workers.\n(4) Licensed marriage and family therapists.\n(5) Registered nurses.\n(6) Licensed chiropractors.\n(7) Licensed acupuncturists.\n(8) Naturopathic doctors.\n(p) Physical therapy corporation.\n(1) Licensed physicians and surgeons.\n(2) Licensed doctors of podiatric medicine.\n(3) Licensed acupuncturists.\n(4) Naturopathic doctors.\n(5) Licensed occupational therapists.\n(6) Licensed speech-language therapists.\n(7) Licensed audiologists.\n(8) Registered nurses.\n(9) Licensed psychologists.\n(10) Licensed physician assistants.\n(q) Registered dental hygienist in alternative practice corporation.\n(1) Registered dental assistants.\n(2) Licensed dentists.\n(3) Registered dental hygienists.\n(4) Registered dental hygienists in extended functions.","title":""}
{"_id":"c190","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 18546 of the Government Code is amended to read:\n18546.\n\u201cCareer executive\u201d means an employee appointed from an employment list established for the express purpose of providing a list of persons who are eligible for career executive assignments, as specified in Article 5 (commencing with Section 18990) of Chapter 4 and Article 9 (commencing with Section 19889) of Chapter 2.5 of Part 2.6, in which examination, selection, classification, salary, tenure, and other conditions of employment may be varied from those prevailing under Chapter 3 (commencing with Section 18800) to Chapter 7 (commencing with Section 19570), inclusive, for other employees in the state civil service.\nSEC. 2.\nSection 18990 of the Government Code is amended to read:\n18990.\n(a) Notwithstanding any other provision of law or rule, persons employed by the Legislature for two or more consecutive years shall be given an opportunity, upon request, to obtain civil service appointment list eligibility by taking any promotional civil service examination or career executive assignment examinations for which they meet the minimum qualifications of the class for which they seek appointment. Persons receiving passing scores shall gain list eligibility or appointment. In evaluating minimum qualifications, a person\u2019s legislative experience shall be considered state civil service experience in a comparable class that has the same or substantially similar duties and responsibilities as the person\u2019s legislative position.\n(b) Persons who meet the requirements of this section, but who resigned or were released from service with the Legislature, shall be eligible to take promotional civil service examinations and career executive assignment examinations in accordance with subdivision (a).\nSEC. 3.\nSection 18991 of the Government Code is amended to read:\n18991.\nNotwithstanding any other provision of law, persons retired from the United States military, honorably discharged from active military duty with a service-connected disability, or honorably discharged from active duty, shall be eligible to apply for promotional civil service examinations and career executive assignment examinations for which they meet the minimum qualifications of the class to which they seek appointment. Persons receiving passing scores shall gain list eligibility for appointment. In evaluating minimum qualifications, the person\u2019s military experience shall be considered state civil service experience in a comparable class that has the same or substantially similar duties and responsibilities as the person\u2019s position in the military.\nSEC. 4.\nSection 18992 of the Government Code is amended to read:\n18992.\n(a) Notwithstanding any other provision of law or rule, persons holding, for two or more consecutive years, nonelected exempt positions in the executive branch of government as defined in subdivisions (c), (e), (f), (g), (i), and (m) of Section 4 of Article VII of the Constitution and excluding those positions for which the salaries are set by statute, shall be given the opportunity, upon request, to obtain civil service appointment list eligibility by taking any promotional civil service examination or career executive assignment examination for which they meet the minimum qualifications of the class to which they seek appointment. Persons receiving passing scores shall gain list eligibility for appointment. In evaluating minimum qualifications, the person\u2019s experience in the exempt position shall be considered state civil service experience in a comparable class that has the same or substantially similar duties and responsibilities as the person\u2019s exempt position.\n(b) Persons who meet the requirements of this section, but who resigned or were released from exempt employment of the executive branch of government, shall be eligible to take promotional civil service examinations and career executive assignment examinations in accordance with subdivision (a).\nSEC. 5.\nSection 18993 of the Government Code is amended to read:\n18993.\n(a) Notwithstanding any other provision of law, a legislative or nonelected exempt executive branch employee who is appointed to a career executive assignment pursuant to Section 18990 or 18992, shall be eligible to compete in his or her appointing power\u2019s promotional examinations for which he or she meets the minimum qualifications of the class to which he or she seeks appointment. When such an employee\u2019s career executive assignment is terminated by the appointing power, he or she shall have the right to request a deferred examination for any promotional eligible list that his or her appointing power has in existence at the time of the termination of the career executive assignment and for which he or she meets the minimum qualifications of the class to which he or she seeks appointment.\n(b) A request for a deferred examination pursuant to subdivision (a) shall be made no later than 10 days after the effective date of the termination of the career executive assignment. The department shall administer the deferred examination within 30 days of the date of the request.\nSEC. 6.\nSection 19057 of the Government Code is repealed.\nSEC. 7.\nSection 19057.1 of the Government Code is amended to read:\n19057.1.\nExcept for reemployment lists, State Restriction of Appointment lists, and Limited Examination and Appointment Program referral lists, there shall be certified to the appointing power the names and addresses of all those eligibles whose scores, at the time of certification, represent the three highest ranks on the employment list for the class, and who have indicated their willingness to accept appointment under the conditions of employment specified.\nFor purposes of ranking, scores of eligibles on employment lists covered by this section shall be rounded to the nearest whole percent. A rank shall consist of one or more eligibles with the same whole percentage score.\nIf the names on the list from which certification is being made represent fewer than three ranks, then, consistent with board rules, additional eligibles may be certified from the various lists next lower in order of preference until names from three ranks appear. If there are fewer than three names available for certification, and the appointing authority does not choose to appoint from among these, the appointing authority may demand certification of three names. In that case, examinations shall be conducted until at least three names may be certified by the procedure described in this section, and the appointing authority shall fill the position by appointment of one of the persons certified.\nFractional examination scores shall be provided to, and used by, the Department of the California Highway Patrol for its peace officer classes.\nThe department may, consistent with board rules, provide for certifying less than three ranks where the size of the certified group is disproportionate to the number of vacancies.\nSEC. 8.\nSection 19057.2 of the Government Code is repealed.\nSEC. 9.\nSection 19057.3 of the Government Code is amended to read:\n19057.3.\n(a) For a position in the Department of Corrections and Rehabilitation, there shall be certified to the appointing power the names and addresses of all those eligibles for peace officer and closely allied classes whose scores, at the time of certification, represent the three highest ranks on the employment list for the class in which the position belongs and who have indicated their willingness to accept appointment under the conditions of employment specified.\n(b) For purposes of ranking, scores of eligibles on employment lists for the classes shall be rounded to the nearest whole percent. A rank consists of one or more eligibles with the same whole percentage score.\n(c) If fewer than three ranks of persons willing to accept appointment are on the list from which certification is to be made, then additional eligibles shall be certified from the various lists next lower in order of preference until names from three ranks are certified. If there are fewer than three names on those lists, and the appointing power does not choose to appoint from among these, the appointing power may demand certification of three names and examinations shall be conducted until at least three names may be certified. The appointing power shall fill the position by the appointment of one of the persons certified.\n(d) The department may, consistent with board rules, provide for certifying less than three ranks where the size of the certified group is disproportionate to the number of vacancies.\n(e) The department may, consistent with board rules, allow for the names of eligibles to be transferred from lists for the same class or comparable classes where names from one list were certified under the rule of three ranks, and names from the other list were certified under the rule of three names.\nSEC. 10.\nSection 19057.4 of the Government Code is repealed.\nSEC. 11.\nSection 19889 of the Government Code is amended to read:\n19889.\nIt is the purpose of this article to encourage the development and effective use of well-qualified and carefully selected executives. In order to carry out this purpose, the State Personnel Board shall establish by rule a merit system specifically suited to the selection and placement of executive personnel. The department shall be responsible for salary administration, position classification, and for the motivation and training of executive personnel. For the purpose of administering this system there is established herewith a category of civil service appointment called \u201ccareer executive assignments.\u201d The department shall designate positions of a high administrative and policy influencing character for inclusion in or removal from this category subject to review by the State Personnel Board, except that the department shall not so designate a position in which there is an incumbent already appointed under the provisions of this part governing employees other than career executives.\nSEC. 12.\nSection 19889.2 of the Government Code is amended to read:\n19889.2.\nThe provisions of this part governing the examination, selection, classification, and tenure of employees in the regular civil service shall not apply to \u201ccareer executive assignments\u201d unless provided for by State Personnel Board rule. The provisions of this part relating to punitive actions shall apply to all employees serving in career executive assignments, except that termination of a career executive assignment as provided for in Section 19889.3 is not a punitive action. State Personnel Board rules shall, at a minimum, afford all employees whose career executive assignments are terminated by the appointing power a right of appeal to the State Personnel Board for restoration of his or her assignment when he or she alleges that the termination was for reasons prohibited in Chapter 10 (commencing with Section 19680) of Part 2.\nSEC. 13.\nSection 19889.3 of the Government Code is amended to read:\n19889.3.\n(a) Eligibility for appointment to positions in the career executive assignment category shall be established as a result of competitive examinations. All candidates shall meet such minimum qualifications as the State Personnel Board may determine are requisite to the performance of high administrative and policy influencing functions.\n(b) No person employed in a career executive assignment shall be deemed to acquire as a result of such service any rights to or status in positions governed by the provisions of this part relating to the civil service other than the category of career executive assignment, except as provided by State Personnel Board rule.\nSEC. 14.\nSection 19889.4 is added to the Government Code, to read:\n19889.4.\nIn accordance with State Personnel Board rules, the following shall apply when an appointing power terminates a career executive assignment:\n(a) An employee who at the time of his or her appointment to a career executive assignment was employed by the state and had permanent civil service status shall, if he or she so desires, be reinstated to a civil service position that is (1) not a career executive assignment and (2) that is at least at the same salary level as the last position that he or she held as a permanent or probationary employee. If the employee had completed a minimum of five years of state service, he or she may return to a position that is (1) at substantially the same salary level as the last position in which he or she had permanent or probationary status or (2) at a salary level that is at least two steps lower than that of the career executive position from which the employee is being terminated.\n(b) Article 5 (commencing with Section 19140) of Chapter 5 of Part 2 shall apply to an employee who at the time of his or her appointment to a career executive assignment was not employed by the state but who had previously worked for the state and gained permanent civil service status.\n(c) (1)\nUnless otherwise provided in Article 5 (commencing with Section 18990) of Chapter 4 of Part 2, an\nAn\nemployee who at the time of his or her appointment to a career executive assignment was from outside civil service shall\nbe eligible to compete in any promotional examination for which he or she meets the minimum qualifications as prescribed by the class specification. An employee receiving a passing score shall have his or her name placed on the promotional list resulting from the examination or otherwise gain eligibility for appointment. He or she shall\nhave the right to request a deferred examination for any\npromotional\nopen\neligible list that\nis\nhis or her appointing power or the department ha\ns\nin existence at the time\nof the termination of\nthe career executive assignment\nis terminated\nand for which he or she meets the minimum qualifications\nas prescribed by the class specification. For\nof the class to which he or she seeks appointment. Whether the employee takes a deferred examination or other open civil service examination, for\npurposes of evaluating\nwhether he or she meets the\nminimum\nqualifications,\nqualifications of the class to which he or she seeks appointment,\nrelated experience gained in a career executive assignment shall be considered as state civil service experience in a comparable class.\nEmployees may transfer list eligibility between appointing powers in the same manner as provided for civil service employees.\n(2) A request for a deferred examination pursuant to paragraph (1) shall not be made later than 10 days after the effective date of the termination of the career executive assignment. The department or its designee shall administer the deferred examination within 30 days of the date of the request.\nSEC. 15.\nThe sum of three hundred thousand dollars ($300,000) is hereby appropriated from the General Fund to the Department of Finance for the purpose of funding the posting on the department\u2019s Internet Web site of all budget requests included as part of the Governor\u2019s Budget.\nSEC. 16.\nThis act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately.","title":""}
{"_id":"c157","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 14717.5 is added to the Welfare and Institutions Code, to read:\n14717.5.\n(a) A mental health plan review shall be conducted annually by an external quality review organization (EQRO) pursuant to federal regulations at 42 C.F.R. 438.350 et seq.. Commencing July 1, 2018, the review shall include specific data for Medi-Cal eligible minor and nonminor dependents in foster care, including all of the following:\n(1) The number of Medi-Cal eligible minor and nonminor dependents in foster care served each year.\n(2) Details on the types of mental health services provided to children, including prevention and treatment services. These types of services may include, but are not limited to, screenings, assessments, home-based mental health services, outpatient services, day treatment services or inpatient services, psychiatric hospitalizations, crisis interventions, case management, and psychotropic medication support services.\n(3) Access to, and timeliness of, mental health services, as described in Sections 1300.67.2, 1300.67.2.1, and 1300.67.2.2 of Title 28 of the California Code of Regulations and consistent with Section 438.206 of Title 42 of the Code of Federal Regulations, available to Medi-Cal eligible minor and nonminor dependents in foster care.\n(4) Quality of mental health services available to Medi-Cal eligible minor and nonminor dependents in foster care.\n(5) Translation and interpretation services, consistent with Section 438.10(c)(4) and (5) of Title 42 of the Code of Federal Regulations and Section 1810.410 of Title 9 of the California Code of Regulations, available to Medi-Cal eligible minor and nonminor dependents in foster care.\n(6) Performance data for Medi-Cal eligible minor and nonminor dependents in foster care.\n(7) Utilization data for Medi-Cal eligible minor and nonminor dependents in foster care.\n(8) Medication monitoring consistent with the child welfare psychotropic medication measures developed by the State Department of Social Services and any Healthcare Effectiveness Data and Information Set (HEDIS) measures related to psychotropic medications, including, but not limited to, the following:\n(A) Follow-Up Care for Children Prescribed Attention Deficit Hyperactivity Disorder Medication (HEDIS ADD).\n(B) Use of Multiple Concurrent Antipsychotics in Children and Adolescents (HEDIS APC).\n(C) Use of First-Line Psychosocial Care for Children and Adolescents on Antipsychotics (HEDIS APP).\n(D) Metabolic Monitoring for Children and Adolescents on Antipsychotics (HEDIS APM).\n(b) (1) The department shall post the EQRO data disaggregated by Medi-Cal eligible minor and nonminor dependents in foster care on the department\u2019s Internet Web site in a manner that is publicly accessible.\n(2) The department shall review the EQRO data for Medi-Cal eligible minor and nonminor dependents in foster care.\n(3) If the EQRO identifies deficiencies in a mental health plan\u2019s ability to serve Medi-Cal eligible minor and nonminor dependents in foster care, the department shall notify the mental health plan in writing of identified deficiencies.\n(4) The mental health plan shall provide a written corrective action plan to the department within 60 days of receiving the notice required pursuant to paragraph (2). The department shall notify the mental health plan of approval of the corrective action plan or shall request changes, if necessary, within 30 days after receipt of the corrective action plan. Final corrective action plans shall be made publicly available by, at minimum, posting on the department\u2019s Internet Web site.\n(c) To the extent possible, the department shall, in connection with its duty to implement Section 14707.5, share with county boards of supervisors data that will assist in the development of mental health service plans, such as data described in federal regulations at 42 C.F.R. 438.350 et seq., subdivision (c) of Section 16501.4, and paragraph (1) of subdivision (a) of Section 1538.8 of the Health and Safety Code.\n(d) The department shall annually share performance outcome system data with county boards of supervisors for the purpose of informing mental health service plans. Performance outcome system data shared with county boards of supervisors shall include, but not be limited to, the following disaggregated data for Medi-Cal eligible minor and nonminor dependents in foster care:\n(1) The number of youth receiving specialty mental health services.\n(2) The racial distribution of youth receiving specialty mental health services.\n(3) The gender distribution of youth receiving specialty mental health services.\n(4) The number of youth, by race, with one or more specialty mental health service visits.\n(5) The number of youth, by race, with five or more specialty mental health service visits.\n(6) Utilization data for intensive home services, intensive care coordination, case management, therapeutic behavioral services, medication support services, crisis intervention, crisis stabilization, full-day intensive treatment, full-day treatment, full-day rehabilitation, and hospital inpatient days.\n(7) A unique count of youth receiving specialty mental health services who are arriving, exiting, and continuing with services.\n(e) The department shall ensure that the performance outcome system data metrics include disaggregated data for Medi-Cal eligible minor and nonminor dependents in foster care. These data shall be in a format that can be analyzed.","title":""}
{"_id":"c78","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 10540 of the Water Code is amended to read:\n10540.\n(a) A regional water management group may prepare and adopt an integrated regional water management plan in accordance with this part.\n(b) A regional water management group may coordinate its planning activities to address or incorporate all or part of any of the following actions of its members into its plan:\n(1) Groundwater management planning pursuant to Part 2.75 (commencing with Section 10750), groundwater sustainability planning pursuant to Part 2.74 (commencing with Section 10720), or other specific groundwater management authority.\n(2) Urban water management planning pursuant to Part 2.6 (commencing with Section 10610).\n(3) The preparation of a water supply assessment required pursuant to Part 2.10 (commencing with Section 10910).\n(4) Agricultural water management planning pursuant to Part 2.8 (commencing with Section 10800).\n(5) City and county general planning pursuant to Section 65350 of the Government Code.\n(6) Stormwater resource planning that is undertaken pursuant to Part 2.3 (commencing with Section 10560).\n(7) Other water resource management planning, including flood protection, watershed management planning, and multipurpose program planning.\n(c) At a minimum, all plans shall address all of the following:\n(1) Protection and improvement of water supply reliability, including identification of feasible agricultural and urban water use efficiency strategies.\n(2) Identification and consideration of the drinking water quality of communities within the area of the plan.\n(3) Protection and improvement of water quality within the area of the plan, consistent with the relevant basin plan.\n(4) Identification of any significant threats to groundwater resources from overdrafting.\n(5) Protection, restoration, and improvement of stewardship of aquatic, riparian, and watershed resources within the region.\n(6) Protection of groundwater resources from contamination.\n(7) Identification and consideration of the water-related needs of disadvantaged communities in the area within the boundaries of the plan.\n(d) This section does not obligate a local agency to fund the implementation of any project or program.\nSEC. 2.\nSection 10721 of the Water Code is amended to read:\n10721.\nUnless the context otherwise requires, the following definitions govern the construction of this part:\n(a) \u201cAdjudication action\u201d means an action filed in the superior or federal district court to determine the rights to extract groundwater from a basin or store water within a basin, including, but not limited to, actions to quiet title respecting rights to extract or store groundwater or an action brought to impose a physical solution on a basin.\n(b) \u201cBasin\u201d means a groundwater basin or subbasin identified and defined in Bulletin 118 or as modified pursuant to Chapter 3 (commencing with Section 10722).\n(c) \u201cBulletin 118\u201d means the department\u2019s report entitled \u201cCalifornia\u2019s Groundwater: Bulletin 118\u201d updated in 2003, as it may be subsequently updated or revised in accordance with Section 12924.\n(d) \u201cCoordination agreement\u201d means a legal agreement adopted between two or more groundwater sustainability agencies that provides the basis for coordinating multiple agencies or groundwater sustainability plans within a basin pursuant to this part.\n(e) \u201cDe minimis extractor\u201d means a person who extracts, for domestic purposes, two acre-feet or less per year.\n(f) \u201cGoverning body\u201d means the legislative body of a groundwater sustainability agency.\n(g) \u201cGroundwater\u201d means water beneath the surface of the earth within the zone below the water table in which the soil is completely saturated with water, but does not include water that flows in known and definite channels.\n(h) \u201cGroundwater extraction facility\u201d means a device or method for extracting groundwater from within a basin.\n(i) \u201cGroundwater recharge\u201d or \u201crecharge\u201d means the augmentation of groundwater, by natural or artificial means.\n(j) \u201cGroundwater sustainability agency\u201d means one or more local agencies that implement the provisions of this part. For purposes of imposing fees pursuant to Chapter 8 (commencing with Section 10730) or taking action to enforce a groundwater sustainability plan, \u201cgroundwater sustainability agency\u201d also means each local agency comprising the groundwater sustainability agency if the plan authorizes separate agency action.\n(k) \u201cGroundwater sustainability plan\u201d or \u201cplan\u201d means a plan of a groundwater sustainability agency proposed or adopted pursuant to this part.\n(l) \u201cGroundwater sustainability program\u201d means a coordinated and ongoing activity undertaken to benefit a basin, pursuant to a groundwater sustainability plan.\n(m) \u201cIn-lieu use\u201d means the use of surface water by persons that could otherwise extract groundwater in order to leave groundwater in the basin.\n(n) \u201cLocal agency\u201d means a local public agency that has water supply, water management, or land use responsibilities within a groundwater basin.\n(o) \u201cOperator\u201d means a person operating a groundwater extraction facility. The owner of a groundwater extraction facility shall be conclusively presumed to be the operator unless a satisfactory showing is made to the governing body of the groundwater sustainability agency that the groundwater extraction facility actually is operated by some other person.\n(p) \u201cOwner\u201d means a person owning a groundwater extraction facility or an interest in a groundwater extraction facility other than a lien to secure the payment of a debt or other obligation.\n(q) \u201cPersonal information\u201d has the same meaning as defined in Section 1798.3 of the Civil Code.\n(r) \u201cPlanning and implementation horizon\u201d means a 50-year time period over which a groundwater sustainability agency determines that plans and measures will be implemented in a basin to ensure that the basin is operated within its sustainable yield.\n(s) \u201cPublic water system\u201d has the same meaning as defined in Section 116275 of the Health and Safety Code.\n(t) \u201cRecharge area\u201d means the area that supplies water to an aquifer in a groundwater basin.\n(u) \u201cSustainability goal\u201d means the existence and implementation of one or more groundwater sustainability plans that achieve sustainable groundwater management by identifying and causing the implementation of measures targeted to ensure that the applicable basin is operated within its sustainable yield.\n(v) \u201cSustainable groundwater management\u201d means the management and use of groundwater in a manner that can be maintained during the planning and implementation horizon without causing undesirable results.\n(w) \u201cSustainable yield\u201d means the maximum quantity of water, calculated over a base period representative of long-term conditions in the basin and including any temporary surplus, that can be withdrawn annually from a groundwater supply without causing an undesirable result.\n(x) \u201cUndesirable result\u201d means one or more of the following effects caused by groundwater conditions occurring throughout the basin:\n(1) Chronic lowering of groundwater levels indicating a significant and unreasonable depletion of supply if continued over the planning and implementation horizon. Overdraft during a period of drought is not sufficient to establish a chronic lowering of groundwater levels if extractions and groundwater recharge are managed as necessary to ensure that reductions in groundwater levels or storage during a period of drought are offset by increases in groundwater levels or storage during other periods.\n(2) Significant and unreasonable reduction of groundwater storage.\n(3) Significant and unreasonable seawater intrusion.\n(4) Significant and unreasonable degraded water quality, including the migration of contaminant plumes that impair water supplies.\n(5) Significant and unreasonable land subsidence that substantially interferes with surface land uses.\n(6) Depletions of interconnected surface water that have significant and unreasonable adverse impacts on beneficial uses of the surface water.\n(y) \u201cWater budget\u201d means an accounting of the total groundwater and surface water entering and leaving a basin including the changes in the amount of water stored.\n(z) \u201cWatermaster\u201d means a watermaster appointed by a court or pursuant to other law.\n(aa) \u201cWater year\u201d means the period from October 1 through the following September 30, inclusive.\n(ab) \u201cWellhead protection area\u201d means the surface and subsurface area surrounding a water well or well field that supplies a public water system through which contaminants are reasonably likely to migrate toward the water well or well field.\nSEC. 3.\nSection 10726.5 is added to the Water Code, to read:\n10726.5.\nIn addition to any other authority granted to a groundwater sustainability agency by this part or other law, a groundwater sustainability agency may enter into written agreements and funding with a private party to assist in, or facilitate the implementation of, a groundwater sustainability plan or any elements of the plan.\nSEC. 4.\nSection 10727.4 of the Water Code is amended to read:\n10727.4.\nIn addition to the requirements of Section 10727.2, a groundwater sustainability plan shall include, where appropriate and in collaboration with the appropriate local agencies, all of the following:\n(a) Control of saline water intrusion.\n(b) Wellhead protection areas and recharge areas.\n(c) Migration of contaminated groundwater.\n(d) A well abandonment and well destruction program.\n(e) Replenishment of groundwater extractions.\n(f) Activities implementing, opportunities for, and removing impediments to, conjunctive use or underground storage.\n(g) Well construction policies.\n(h) Measures addressing groundwater contamination cleanup, groundwater recharge, in-lieu use, diversions to storage, conservation, water recycling, conveyance, and extraction projects.\n(i) Efficient water management practices, as defined in Section 10902, for the delivery of water and water conservation methods to improve the efficiency of water use.\n(j) Efforts to develop relationships with state and federal regulatory agencies.\n(k) Processes to review land use plans and efforts to coordinate with land use planning agencies to assess activities that potentially create risks to groundwater quality or quantity.\n(l) Impacts on groundwater dependent ecosystems.\nSEC. 5.\nSection 10727.8 of the Water Code is amended to read:\n10727.8.\n(a) Prior to initiating the development of a groundwater sustainability plan, the groundwater sustainability agency shall make available to the public and the department a written statement describing the manner in which interested parties may participate in the development and implementation of the groundwater sustainability plan. The groundwater sustainability agency shall provide the written statement to the legislative body of any city, county, or city and county located within the geographic area to be covered by the plan. The groundwater sustainability agency may appoint and consult with an advisory committee consisting of interested parties for the purposes of developing and implementing a groundwater sustainability plan. The groundwater sustainability agency shall encourage the active involvement of diverse social, cultural, and economic elements of the population within the groundwater basin prior to and during the development and implementation of the groundwater sustainability plan. If the geographic area to be covered by the plan includes a public water system regulated by the Public Utilities Commission, the groundwater sustainability agency shall provide the written statement to the commission.\n(b) For purposes of this section, interested parties include entities listed in Section 10927 that are monitoring and reporting groundwater elevations in all or a part of a groundwater basin managed by the groundwater sustainability agency.\nSEC. 6.\nSection 10732.2 is added to the Water Code, to read:\n10732.2.\nIf a groundwater sustainability agency finds that a state entity is not working cooperatively regarding implementation of a groundwater sustainability plan, the groundwater sustainability agency may file notice with the board regarding its finding. The board shall notice proceedings to investigate the finding of the groundwater sustainability agency. If the board determines that the failure of the state entity to work cooperatively regarding implementation of a groundwater sustainability plan compromises the ability of the groundwater sustainability agency to implement the plan in a manner that will likely achieve the sustainability goal, the board may direct the state entity to cooperate in the implementation of the groundwater sustainability plan unless the state entity indicates its authority for not complying with a groundwater sustainability plan in the same manner as subdivision (f) of Section 10735.8.\nSEC. 7.\nSection 10733.4 of the Water Code is amended to read:\n10733.4.\n(a) Upon adoption of a groundwater sustainability plan, a groundwater sustainability agency shall submit the groundwater sustainability plan to the department for review pursuant to this chapter.\n(b) If groundwater sustainability agencies develop multiple groundwater sustainability plans for a basin, the submission required by subdivision (a) shall not occur until the entire basin is covered by groundwater sustainability plans. When the entire basin is covered by groundwater sustainability plans, the groundwater sustainability agencies shall jointly submit to the department all of the following:\n(1) The groundwater sustainability plans.\n(2) An explanation of how the groundwater sustainability plans implemented together satisfy Sections 10727.2, 10727.4, and 10727.6 for the entire basin.\n(3) A copy of the coordination agreement between the groundwater sustainability agencies to ensure the coordinated implementation of the groundwater sustainability plans for the entire basin.\n(c) Upon receipt of a groundwater sustainability plan, the department shall post the plan on the department\u2019s Internet Web site and provide 60 days for persons to submit comments to the department about the plan.\n(d) The department shall evaluate the groundwater sustainability plan within two years of its submission by a groundwater sustainability agency and issue an assessment of the plan. The assessment may include recommended corrective actions to address any deficiencies identified by the department.\n(e) Nothing in this section shall be construed to prohibit a groundwater sustainability agency from implementing a groundwater sustainability plan prior to evaluation and assessment of the groundwater sustainability plan by the department.","title":""}
{"_id":"c307","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 44559.11 of the Health and Safety Code is amended to read:\n44559.11.\n(a) It is the intent of the Legislature to ensure that the state, through the authority, may make maximum, efficient use of capital access programs enacted by all federal and state agencies, as well as funding available from any governmental program whose goals may be advanced by providing funding to the Capital Access Loan Program.\n(b) In furtherance of this intent, and notwithstanding any other provision of this article, when the contributions required pursuant to Section 44559.4 are entirely funded by a\nsource\npublic or quasi-public entity\nother than the\nauthority,\nauthority\u2019s fee revenue under Sections 44525 and 44548,\nthe authority may, by regulation adopted pursuant to subdivision (b) of Section\n44520,\n44520 or subdivision (e) of Section 44559.14,\nestablish alternate provisions as necessary to enable the authority to participate in the alternative funding source\nprogram.\nprogram, including implementing loan loss reserve programs to benefit any individual person engaged in qualifying activities in furtherance of the public or quasi-public entity\u2019s policy objectives in the state that require financing.\nSEC. 2.\nSection 44559.14 is added to the Health and Safety Code, to read:\n44559.14.\n(a) (1) It is the intent of the Legislature in enacting the act adding this section to create and fund a program to assist residential property owners and small business owners in seismically retrofitting residences and small businesses. It is not the intent of the Legislature to assist the physical expansion of small businesses and residences.\n(2) The Legislature hereby establishes the California Seismic Safety Capital Access Loan Program. The program shall cover losses on qualified loans by participating lenders to qualified residential property owners or qualified small businesses for eligible projects, as specified under this section. The program shall be administered by the California Pollution Control Financing Authority and follow the terms and conditions for the Capital Access Loan Program in this article with the additional program requirements specified under this section.\n(b) For purposes of this section, unless the context requires otherwise, the following words and terms shall have the following meanings:\n(1) \u201cSeismic retrofit construction\u201d means alteration performed on or after January 1, 2017, of a qualified building or its components to substantially mitigate seismic damage. \u201cSeismic retrofit construction\u201d includes, but is not limited to, all of the following:\n(A) Anchoring the structure to the foundation.\n(B) Bracing cripple walls.\n(C) Bracing hot water heaters.\n(D) Installing automatic gas shutoff valves.\n(E) Repairing or reinforcing the foundation to improve the integrity of the foundation against seismic damage.\n(F) Anchoring fuel storage.\n(G) Installing an earthquake-resistant bracing system for mobilehomes that are registered with the Department of Housing and Community Development.\n(2) \u201cEligible costs\u201d means the costs paid or incurred on or after January 1, 2017, for an eligible project, including any engineering or architectural design work necessary to permit or complete the eligible project less the amount of any grant provided by a public entity for the eligible project. \u201cEligible costs\u201d do not include costs paid or incurred for any of the following:\n(A) Maintenance, including abatement of deferred or inadequate maintenance, and correction of violations unrelated to the seismic retrofit construction.\n(B) Repair, including repair of earthquake damage.\n(C) Seismic retrofit construction required by local building codes as a result of addition, repair, building relocation, or change of use or occupancy.\n(D) Other work or improvement required by local building or planning codes as a result of the intended seismic retrofit construction.\n(E) Rent reductions or other associated compensation, compliance actions, or other related coordination involving the qualified residential property owner or qualified small business and any other party, including a tenant, insurer, or lender.\n(F) Replacement of existing building components, including equipment, except as needed to complete the seismic retrofit construction.\n(G) Bracing or securing nonpermanent building contents.\n(H) The offset of costs, reimbursements, or other costs transferred from the qualified residential property owner or qualified small business to others.\n(3) \u201cEligible project\u201d means seismic retrofit construction that is necessary to ensure that the qualified building is capable of substantially mitigating seismic damage, and the financing necessary to pay eligible costs of the project.\n(4) \u201cQualified building\u201d means a building that is certified by the appropriate local building code enforcement authority for the jurisdiction in which the building is located as hazardous and in danger of collapse in the event of a catastrophic earthquake.\n(5) \u201cQualified loan\u201d means a loan or portion of a loan as defined in subdivision (j) of Section 44559.1, where the proceeds of the loan or portion of the loan are limited to the eligible costs for an eligible project under this program, and where the loan or portion of the loan does not exceed two hundred fifty thousand dollars ($250,000).\n(6) \u201cQualified small business\u201d means a business referred to in subdivisions (i) and (m) of Section 44559.1 that owns and occupies, or intends to occupy, a qualified building for the operation of the business.\n(7) \u201cQualified residential property owner\u201d means either an owner and occupant of a residential building that is a qualified building or a qualified small business that owns one or more residential buildings, including a multiunit housing building, that is a qualified building.\n(c) (1) The California Seismic Safety Capital Access Loan Program Fund is established in the State Treasury and shall be administered by the authority pursuant to Sections 44548 and 44549 for this program. For purposes of this section, the references in Sections 44548 and 44549 to \u201csmall business\u201d shall include \u201cqualified residential property owner,\u201d as defined in this section. Notwithstanding Section 13340 of the Government Code, all moneys in the fund are continuously appropriated to the authority for carrying out this section. The authority may divide the fund into separate accounts. All moneys accruing to the authority pursuant to this section from any source shall be deposited into the fund.\n(2) All moneys in the fund derived from any source shall be held in trust for the life of this program, for program expenditures and costs of administering this section, as follows:\n(A) Program expenditures shall include both of the following:\n(i) Contributions paid by the authority in support of qualified loans.\n(ii) Costs for a qualified expert to validate that the proceeds of the loans are eligible costs, as defined under this section.\n(iii) Reasonable costs to educate the small business community, residential property owners, and participating lenders about the program, including travel within the state.\n(B) Administrative expenditures shall be limited to 5 percent of the initial appropriation plus 5 percent of all moneys recaptured, and shall include all of the following:\n(i) Personnel costs.\n(ii) Service and vending contracts, other than program expenditures described in subparagraph (A), that are necessary to carry out the program.\n(iii) Other reasonable direct and indirect administrative costs.\n(3) The authority may direct the Treasurer to invest moneys in the fund that are not required for its current needs in the eligible securities specified in Section 16430 of the Government Code as the authority shall designate. The authority may direct the Treasurer to deposit moneys in interest-bearing accounts in state or national banks or other financial institutions having principal offices located in the state. The authority may alternatively require the transfer of moneys in the fund to the Surplus Money Investment Fund for investment pursuant to Article 4 (commencing with Section 16470) of Chapter 3 of Part 2 of Division 4 of Title 2 of the Government Code. All interest or other increment resulting from an investment or deposit shall be deposited into the fund, notwithstanding Section 16305.7 of the Government Code. Moneys in the fund shall not be subject to transfer to any other fund pursuant to any provision of Part 2 (commencing with Section 16300) of Division 4 of Title 2 of the Government Code, excepting the Surplus Money Investment Fund.\n(d) The authority shall adopt regulations pursuant to Section 44520 to implement the program, including provisions to:\n(1) Establish a new loss reserve account for each participating lender enrolling loans in this program.\n(2) Obtain a certification from each participating lender and qualified small business or qualified residential property owner upon enrollment of a qualified loan that the proceeds of the loan will be used for the eligible costs of an eligible project.\n(3) Contribute an additional incentive from the fund for each loan enrolled for a qualified small business or qualified residential property owner located in a severely affected community.\n(4) Restrict the enrollment of a qualified loan in any other Capital Access Loan Program for a qualified small business or qualified residential property owner offered by the authority as long as funds are available for this program.\n(5) Limit the term of loss coverage for each qualified loan to no more than 10 years.\n(6) Recapture from the loss reserve account the authority\u2019s contribution for each enrolled loan upon the maturation of that loan or after 10 years from the date of enrollment, whichever happens first, to be deposited in the fund and applied to future program and administrative expenditures.\n(e) The authority may adopt regulations relating to residential property owner or small business financing 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. For purposes of that Chapter 3.5, including Section 11349.6 of the Government Code, the adoption of the regulations shall be considered by the Office of Administrative Law to be necessary for the immediate preservation of the public peace, health and safety, and general welfare. The regulations shall be repealed 180 days after their effective date, unless the adopting authority or agency complies with that Chapter 3.5.","title":""}
{"_id":"c188","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 1824 is added to the Insurance Code, to read:\n1824.\n(a) The Bail Investigation and Prosecution Fund is hereby created as a special account within the Insurance Fund. Each surety insurer or bail permittee admitted and authorized to execute an undertaking of bail in this state through a licensed bail licensee shall pay a\nfifteen-\ndollar ($15)\nfee per bail bond\ntransaction, not to exceed thirty dollars ($30),\ntransaction\nfor each bail bond posted in this state. The revenue from this fee shall be deposited into the Bail Investigation and Prosecution Fund.\n(b) Moneys in the Bail Investigation and Prosecution Fund shall be distributed, upon appropriation by the Legislature, to fund the reasonable costs incurred in regulating entities involved in the undertaking of bail as described in this section. Moneys in the Bail Investigation and Prosecution Fund shall not be used for any other purpose. Moneys in the Bail Investigation and Prosecution Fund shall be distributed by the commissioner as follows:\n(1) Seventy percent of these funds shall be distributed within the department for consumer enforcement and protection purposes related to bail transactions, including, but not limited to:\n(A) Investigating and prosecuting unlawful conduct by bail licensees, or a person or entity purporting to solicit or negotiate in respect to execution or delivery of an undertaking of bail or bail bond, or execute or deliver an undertaking of bail or bail bond, or matters subsequent to the execution of an undertaking of bail or bail bond contract and arising out of it.\n(B) Responding to consumer inquiries and complaints related to bail transactions.\n(C) Regulating and overseeing bail bond products, solicitation, and advertising directed toward consumers.\n(D) The cost of any fiscal audit performed pursuant to this section.\n(2) Thirty percent of the funds shall be distributed to county district attorneys and city attorneys, for investigating and prosecuting surety insurer and bail abuse cases involving licensees, or any person or entity engaged in the solicitation or negotiation in respect to execution or delivery of an undertaking of bail or bail bond, or execution or delivery of an undertaking of bail or bail bond.\n(A) The commissioner shall distribute funds to county district attorneys and city attorneys who show a likely positive outcome that will benefit consumers in the local jurisdiction based on specific criteria promulgated by the commissioner. Each local district attorney and city attorney desiring a portion of those funds shall submit to the commissioner an application, including, at a minimum, all of the following:\n(i) The proposed use of the moneys and the anticipated outcome.\n(ii) A list of all prior relevant cases or projects and a copy of the final accounting for each. If cases or projects are ongoing, the most recent accounting shall be provided.\n(iii) A detailed budget, including salaries and general expenses, specifically identifying the cost of purchase or rental of equipment or supplies.\n(B) Each district attorney and city attorney that receives funds pursuant to this section shall submit a final detailed accounting at the conclusion or closure of each case or project. For cases or projects that continue longer than six months, interim accountings shall be submitted every six months, or as otherwise directed by the commissioner.\n(C) Each district attorney and city attorney that receives funds pursuant to this section shall submit a final report to the commissioner, which may be made public, as to the success of the cases or projects conducted. The report shall provide information and statistics on the number of active investigations, arrests, indictments, and convictions. The applications for moneys, the distribution of moneys, and the annual reports shall be public documents.\n(c) Notwithstanding any other provision of this section, information submitted to the commissioner pursuant to this section concerning criminal investigations, whether active or inactive, shall be confidential.\n(d) The commissioner may conduct a fiscal audit of the programs administered under this subdivision. If conducted, this fiscal audit shall be conducted by an internal audit unit of the department.\n(e) If the commissioner determines that a district attorney or city attorney is unable or unwilling to investigate or prosecute a relevant bail abuse case, the commissioner may discontinue distribution of funds allocated for that matter and may redistribute those funds to other eligible district attorneys or city attorneys.\n(f) If, as of June 30 of any calendar year, the total amount in the Bail Investigation and Prosecution Fund exceeds eight million dollars ($8,000,000), the commissioner shall reduce the amount of the assessment accordingly for the following year to eliminate that excess. A surety insurer, upon receipt of an invoice, shall transmit payment to the department for deposit in the Bail Investigation and Prosecution Fund. Any balance remaining in the Bail Investigation and Prosecution Fund at the end of the fiscal year shall be retained in the account, to be available in the next fiscal year.\n(g) The commissioner may develop guidelines for implementing or clarifying these provisions, including guidelines for the allocation, distribution, and potential return of unused funds. The commissioner may, from time to time, issue regulations for implementing or clarifying these provisions.\nRegulations adopted pursuant to this section shall not be subject to the requirements 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).\n(h) The commissioner shall provide a consolidated report annually on the department\u2019s Internet Web site, which shall include, but is not limited to, the following information:\n(1) The number of consumer complaints regarding\nto\nbail bond transactions.\n(2) The number of investigations initiated relating to bail bond transactions.\n(3) The number of investigations related to bail and bail bond transactions referred to and reported by prosecuting agencies.\n(4) The number of administrative or regulatory cases related to bail and bail bond transactions referred to the department\u2019s legal division.\n(5) The number of administrative or regulatory enforcement actions taken in cases related to bail and bail bond transactions.\n(i) A violation of this section is not a crime pursuant to Section 1814.\nSEC. 2.\nThe Legislature finds and declares that this act imposes limits on the public\u2019s right of access to 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 finding to demonstrate the interest protected by this limitation and the need for protecting that interest:\nIn order to ensure that criminal investigations are not frustrated or hindered, it is necessary to limit the public\u2019s right of access to information submitted to the Insurance Commissioner pursuant to this act concerning criminal investigations.","title":""}
{"_id":"c286","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 3501 of the Business and Professions Code is amended to read:\n3501.\n(a) As used in this chapter:\n(1) \u201cBoard\u201d means the Physician Assistant Board.\n(2) \u201cApproved program\u201d means a program for the education of physician assistants that has been formally approved by the board.\n(3) \u201cTrainee\u201d means a person who is currently enrolled in an approved program.\n(4) \u201cPhysician assistant\u201d means a person who meets the requirements of this chapter and is licensed by the board.\n(5) \u201cSupervising physician\u201d or \u201csupervising physician and surgeon\u201d means a physician and surgeon licensed by the Medical Board of California or by the Osteopathic Medical Board of California who supervises one or more physician assistants, who possesses a current valid license to practice medicine, and who is not currently on disciplinary probation for improper use of a physician assistant.\n(6) \u201cSupervision\u201d means that a licensed physician and surgeon oversees the activities of, and accepts responsibility for, the medical services rendered by a physician assistant.\n(7) \u201cRegulations\u201d means the rules and regulations as set forth in Chapter 13.8 (commencing with Section 1399.500) of Title 16 of the California Code of Regulations.\n(8) \u201cRoutine visual screening\u201d means uninvasive nonpharmacological simple testing for visual acuity, visual field defects, color blindness, and depth perception.\n(9) \u201cProgram manager\u201d means the staff manager of the diversion program, as designated by the executive officer of the board. The program manager shall have background experience in dealing with substance abuse issues.\n(10) \u201cDelegation of services agreement\u201d means the writing that delegates to a physician assistant from a supervising physician the medical services the physician assistant is authorized to perform consistent with subdivision (a) of Section 1399.540 of Title 16 of the California Code of Regulations.\n(11) \u201cOther specified medical services\u201d means tests or examinations performed or ordered by a physician assistant practicing in compliance with this chapter or regulations of the Medical Board of California promulgated under this chapter.\n(12) \u201cMedical records review meeting\u201d means a meeting between the supervising physician and surgeon and the physician assistant during which medical records are reviewed to ensure adequate supervision of the physician assistant functioning under protocols. Medical records review meetings may occur in person or by electronic communication.\n(b) A physician assistant acts as an agent of the supervising physician when performing any activity authorized by this chapter or regulations adopted under this chapter.\nSEC. 2.\nSection 3502 of the Business and Professions Code is amended to read:\n3502.\n(a) Notwithstanding any other law, a physician assistant may perform those medical services as set forth by the regulations adopted under this chapter when the services are rendered under the supervision of a licensed physician and surgeon who is not subject to a disciplinary condition imposed by the Medical Board of California prohibiting that supervision or prohibiting the employment of a physician assistant. The medical record, for each episode of care for a patient, shall identify the physician and surgeon who is responsible for the supervision of the physician assistant.\n(b) (1) Notwithstanding any other law, a physician assistant performing medical services under the supervision of a physician and surgeon may assist a doctor of podiatric medicine who is a partner, shareholder, or employee in the same medical group as the supervising physician and surgeon. A physician assistant who assists a doctor of podiatric medicine pursuant to this subdivision shall do so only according to patient-specific orders from the supervising physician and surgeon.\n(2) The supervising physician and surgeon shall be physically available to the physician assistant for consultation when that assistance is rendered. A physician assistant assisting a doctor of podiatric medicine shall be limited to performing those duties included within the scope of practice of a doctor of podiatric medicine.\n(c) (1) A physician assistant and his or her supervising physician and surgeon shall establish written guidelines for the adequate supervision of the physician assistant. This requirement may be satisfied by the supervising physician and surgeon adopting protocols for some or all of the tasks performed by the physician assistant. The protocols adopted pursuant to this subdivision shall comply with the following requirements:\n(A) A protocol governing diagnosis and management shall, at a minimum, include the presence or absence of symptoms, signs, and other data necessary to establish a diagnosis or assessment, any appropriate tests or studies to order, drugs to recommend to the patient, and education to be provided to the patient.\n(B) A protocol governing procedures shall set forth the information to be provided to the patient, the nature of the consent to be obtained from the patient, the preparation and technique of the procedure, and the followup care.\n(C) Protocols shall be developed by the supervising physician and surgeon or adopted from, or referenced to, texts or other sources.\n(D) Protocols shall be signed and dated by the supervising physician and surgeon and the physician assistant.\n(2) (A) The supervising physician and surgeon shall use one or more of the following mechanisms to ensure adequate supervision of the physician assistant functioning under the protocols:\n(i) The supervising physician and surgeon shall review, countersign, and date a sample consisting of, at a minimum, 5 percent of the medical records of patients treated by the physician assistant functioning under the protocols within 30 days of the date of treatment by the physician assistant.\n(ii) The supervising physician and surgeon and physician assistant shall conduct a medical records review meeting at least once a month during at least 10 months of the year. During any month in which a medical records review meeting occurs, the supervising physician and surgeon and physician assistant shall review an aggregate of at least 10 medical records of patients treated by the physician assistant functioning under protocols. Documentation of medical records reviewed during the month shall be jointly signed and dated by the supervising physician and surgeon and the physician assistant.\n(iii) The supervising physician and surgeon shall review a sample of at least 10 medical records per month, at least 10 months during the year, using a combination of the countersignature mechanism described in clause (i) and the medical records review meeting mechanism described in clause (ii). During each month for which a sample is reviewed, at least one of the medical records in the sample shall be reviewed using the mechanism described in clause (i) and at least one of the medical records in the sample shall be reviewed using the mechanism described in clause (ii).\n(B) In complying with subparagraph (A), the supervising physician and surgeon shall select for review those cases that by diagnosis, problem, treatment, or procedure represent, in his or her judgment, the most significant risk to the patient.\n(3) Notwithstanding any other law, the Medical Board of California or the board may establish other alternative mechanisms for the adequate supervision of the physician assistant.\n(d) No medical services may be performed under this chapter in any of the following areas:\n(1) The determination of the refractive states of the human eye, or the fitting or adaptation of lenses or frames for the aid thereof.\n(2) The prescribing or directing the use of, or using, any optical device in connection with ocular exercises, visual training, or orthoptics.\n(3) The prescribing of contact lenses for, or the fitting or adaptation of contact lenses to, the human eye.\n(4) The practice of dentistry or dental hygiene or the work of a dental auxiliary as defined in Chapter 4 (commencing with Section 1600).\n(e) This section shall not be construed in a manner that shall preclude the performance of routine visual screening as defined in Section 3501.\n(f) Compliance by a physician assistant and supervising physician and surgeon with this section shall be deemed compliance with Section 1399.546 of Title 16 of the California Code of Regulations.\nSEC. 3.\nSection 3502.1 of the Business and Professions Code is amended to read:\n3502.1.\n(a) In addition to the services authorized in the regulations adopted by the Medical Board of California, and except as prohibited by Section 3502, while under the supervision of a licensed physician and surgeon or physicians and surgeons authorized by law to supervise a physician assistant, a physician assistant may administer or provide medication to a patient, or transmit orally, or in writing on a patient\u2019s record or in a drug order, an order to a person who may lawfully furnish the medication or medical device pursuant to subdivisions (c) and (d).\n(1) A supervising physician and surgeon who delegates authority to issue a drug order to a physician assistant may limit this authority by specifying the manner in which the physician assistant may issue delegated prescriptions.\n(2) Each supervising physician and surgeon who delegates the authority to issue a drug order to a physician assistant shall first prepare and adopt, or adopt, a written, practice specific, formulary and protocols that specify all criteria for the use of a particular drug or device, and any contraindications for the selection. Protocols for Schedule II controlled substances shall address the diagnosis of illness, injury, or condition for which the Schedule II controlled substance is being administered, provided, or issued. The drugs listed in the protocols shall constitute the formulary and shall include only drugs that are appropriate for use in the type of practice engaged in by the supervising physician and surgeon. When issuing a drug order, the physician assistant is acting on behalf of and as an agent for a supervising physician and surgeon.\n(b) \u201cDrug order,\u201d for purposes of this section, means an order for medication that is dispensed to or for a patient, issued and signed by a physician assistant acting as an individual practitioner within the meaning of Section 1306.02 of Title 21 of the Code of Federal Regulations. Notwithstanding any other provision of law, (1) a drug order issued pursuant to this section shall be treated in the same manner as a prescription or order of the supervising physician, (2) all references to \u201cprescription\u201d in this code and the Health and Safety Code shall include drug orders issued by physician assistants pursuant to authority granted by their supervising physicians and surgeons, and (3) the signature of a physician assistant on a drug order shall be deemed to be the signature of a prescriber for purposes of this code and the Health and Safety Code.\n(c) A drug order for any patient cared for by the physician assistant that is issued by the physician assistant shall either be based on the protocols described in subdivision (a) or shall be approved by the supervising physician and surgeon before it is filled or carried out.\n(1) A physician assistant shall not administer or provide a drug or issue a drug order for a drug other than for a drug listed in the formulary without advance approval from a supervising physician and surgeon for the particular patient. At the direction and under the supervision of a physician and surgeon, a physician assistant may hand to a patient of the supervising physician and surgeon a properly labeled prescription drug prepackaged by a physician and surgeon, manufacturer as defined in the Pharmacy Law, or a pharmacist.\n(2) A physician assistant shall not administer, provide, or issue a drug order to a patient for Schedule II through Schedule V controlled substances without advance approval by a supervising physician and surgeon for that particular patient unless the physician assistant has completed an education course that covers controlled substances and that meets standards, including pharmacological content, approved by the board. The education course shall be provided either by an accredited continuing education provider or by an approved physician assistant training program. If the physician assistant will administer, provide, or issue a drug order for Schedule II controlled substances, the course shall contain a minimum of three hours exclusively on Schedule II controlled substances. Completion of the requirements set forth in this paragraph shall be verified and documented in the manner established by the board prior to the physician assistant\u2019s use of a registration number issued by the United States Drug Enforcement Administration to the physician assistant to administer, provide, or issue a drug order to a patient for a controlled substance without advance approval by a supervising physician and surgeon for that particular patient.\n(3) Any drug order issued by a physician assistant shall be subject to a reasonable quantitative limitation consistent with customary medical practice in the supervising physician and surgeon\u2019s practice.\n(d) A written drug order issued pursuant to subdivision (a), except a written drug order in a patient\u2019s medical record in a health facility or medical practice, shall contain the printed name, address, and telephone number of the supervising physician and surgeon, the printed or stamped name and license number of the physician assistant, and the signature of the physician assistant. Further, a written drug order for a controlled substance, except a written drug order in a patient\u2019s medical record in a health facility or a medical practice, shall include the federal controlled substances registration number of the physician assistant and shall otherwise comply with Section 11162.1 of the Health and Safety Code. Except as otherwise required for written drug orders for controlled substances under Section 11162.1 of the Health and Safety Code, the requirements of this subdivision may be met through stamping or otherwise imprinting on the supervising physician and surgeon\u2019s prescription blank to show the name, license number, and if applicable, the federal controlled substances registration number of the physician assistant, and shall be signed by the physician assistant. When using a drug order, the physician assistant is acting on behalf of and as the agent of a supervising physician and surgeon.\n(e) The supervising physician and surgeon shall use either of the following mechanisms to ensure adequate supervision of the administration, provision, or issuance by a physician assistant of a drug order to a patient for Schedule II controlled substances:\n(1) The medical record of any patient cared for by a physician assistant for whom the physician assistant\u2019s Schedule II drug order has been issued or carried out shall be reviewed, countersigned, and dated by a supervising physician and surgeon within seven days.\n(2) If the physician assistant has documentation evidencing the successful completion of an education course that covers controlled substances, and that controlled substance education course (A) meets the standards, including pharmacological content, established in Sections 1399.610 and 1399.612 of Title 16 of the California Code of Regulations, and (B) is provided either by an accredited continuing education provider or by an approved physician assistant training program, the supervising physician and surgeon shall review, countersign, and date, within seven days, a sample consisting of the medical records of at least 20 percent of the patients cared for by the physician assistant for whom the physician assistant\u2019s Schedule II drug order has been issued or carried out. Completion of the requirements set forth in this paragraph shall be verified and documented in the manner established in Section 1399.612 of Title 16 of the California Code of Regulations. Physician assistants who have a certificate of completion of the course described in paragraph (2) of subdivision (c) shall be deemed to have met the education course requirement of this subdivision.\n(f) All physician assistants who are authorized by their supervising physicians to issue drug orders for controlled substances shall register with the United States Drug Enforcement Administration (DEA).\n(g) The board shall consult with the Medical Board of California and report during its sunset review required by Article 7.5 (commencing with Section 9147.7) of Chapter 1.5 of Part 1 of Division 2 of Title 2 of the Government Code the impacts of exempting Schedule III and Schedule IV drug orders from the requirement for a physician and surgeon to review and countersign the affected medical record of a patient.\nSEC. 4.\nNo reimbursement is required by this act pursuant to Section 6 of Article XIII\u2009B 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\u2009B of the California Constitution.","title":""}
{"_id":"c383","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 7312 of the Business and Professions Code is amended to read:\n7312.\n(a) The board shall do all of the following:\n(1) Make rules and regulations in aid or furtherance of this chapter in accordance with the Administrative Procedure Act.\n(2) Conduct and administer examinations of applicants for licensure.\n(3) Issue licenses to those applicants that may be entitled thereto.\n(4) Discipline persons who have been determined to be in violation of this chapter or the regulations adopted pursuant to this chapter.\n(5) Adopt rules governing sanitary conditions and precautions to be employed as are reasonably necessary to protect the public health and safety in establishments, schools approved by the board, and in the practice of any profession provided for in this chapter. The rules shall be adopted in accordance with the Administrative Procedure Act, Chapter 3.5 (commencing with Section 11340) of Title 2 of the Government Code, and shall be submitted to the State Department of Public Health and approved by that department prior to filing with the Secretary of State. A written copy of all those rules shall be furnished to each licensee.\n(6) Offer and make available all written materials provided to licensees and applicants in English, Korean, Spanish, and Vietnamese.\n(b) The amendments made to this section by the act adding this subdivision shall become operative on July 1, 2017.\nSEC. 2.\nSection 7314 of the Business and Professions Code is amended to read:\n7314.\n(a) The board shall keep a record of its proceedings relating to its public meetings, meetings of committees, and records relating to the issuance, refusal, renewal, suspension, and revocation of licenses.\n(b) The board shall keep a registration record of each licensee containing the name, address, license number, and date issued. This record shall also contain any facts that the applicants may have stated in their application for examination for licensure. The board shall collect, through optional questions on a written application for a license and in an electronic application to renew a license issued pursuant to this chapter, the spoken and written language preference of each applicant.\n(c) The amendments made to this section by the act adding this subdivision shall become operative on July 1, 2017.\nSEC. 3.\nSection 7314.3 of the Business and Professions Code is amended to read:\n7314.3.\n(a) The board shall establish a Health and Safety Advisory Committee to provide the board with advice and recommendations on health and safety issues before the board that impact licensees, including how to ensure licensees are aware of basic labor laws. Basic labor laws include, but are not limited to, all of the following:\n(1) Key differences between the legal rights, benefits, and obligations of an employee and an independent contractor.\n(2) Wage and hour rights for hourly employees.\n(3) Antidiscrimination laws relating to the use of a particular language in the workplace.\n(4) Antiretaliation laws relating to a worker\u2019s right to file complaints with the Department of Industrial Relations.\n(5) How to obtain more information about state and federal labor laws.\n(b) The amendments made to this section by the act adding this subdivision shall become operative on July 1, 2017.\nSEC. 4.\nSection 7337 of the Business and Professions Code is amended to read:\n7337.\n(a) Every application for admission to examination and licensure shall be in writing, on forms prepared and furnished by the board.\n(b) Each application shall be accompanied by the required fee, and shall contain proof of the qualifications of the applicant for examination and licensure. It shall be verified by the oath of the applicant and shall include a signed acknowledgment that the applicant understands his or her rights as a licensee as outlined in informational materials on basic labor laws, as specified in Section 7314.3, that the applicant is provided by the board with the application. Every applicant shall, as a condition of admittance to the examination facility, present satisfactory proof of identification. Satisfactory proof of identification shall be in the form of a valid, unexpired driver\u2019s license or identification card, containing the photograph of the person to whom it was issued, issued by any state, federal, or other government entity.\n(c) Every electronic application to renew a license shall include a signed acknowledgment that the renewal applicant understands his or her rights as a licensee as outlined in informational materials on basic labor laws, as specified in Section 7314.3, that the renewal applicant is provided by the board with the renewal application.\n(d) The amendments made to this section by the act adding this subdivision shall become operative on July 1, 2017.\nSEC. 5.\nSection 7347 of the Business and Professions Code is amended to read:\n7347.\n(a) Any person, firm, or corporation desiring to operate an establishment shall make an application to the bureau for a license accompanied by the fee prescribed by this chapter. The application shall be required whether the person, firm, or corporation is operating a new establishment or obtaining ownership of an existing establishment. The application shall include a signed acknowledgment that the applicant understands that establishments are responsible for compliance with any applicable labor laws of the state and that the applicant understands the informational materials on basic labor laws, as specified in Section 7314.3, the applicant is provided by the board with the application. Every electronic application to renew a license shall include a signed acknowledgment that the renewal applicant understands that establishments are responsible for compliance with any applicable labor laws of the state and that the applicant understands the informational materials on basic labor laws, as specified in Section 7314.3, that the renewal applicant is provided by the board with the renewal application. If the applicant is obtaining ownership of an existing establishment, the board may establish the fee in an amount less than the fee prescribed by this chapter. The applicant, if an individual, or each officer, director, and partner, if the applicant is other than an individual, shall not have committed acts or crimes which are grounds for denial of licensure in effect at the time the new application is submitted pursuant to Section 480. A license issued pursuant to this section shall authorize the operation of the establishment only at the location for which the license is issued. Operation of the establishment at any other location shall be unlawful unless a license for the new location has been obtained upon compliance with this section, applicable to the issuance of a license in the first instance.\n(b) The amendments made to this section by the act adding this subdivision shall become operative on July 1, 2017.\nSEC. 6.\nSection 7389 of the Business and Professions Code is amended to read:\n7389.\n(a) The board shall develop or adopt a health and safety course on hazardous substances and basic labor laws, as specified in Section 7314.3, which shall be taught in schools approved by the board. Course development shall include pilot testing of the course and training classes to prepare instructors to effectively use the course.\n(b) The amendments made to this section by the act adding this subdivision shall become operative on July 1, 2017.","title":""}
{"_id":"c177","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 17053.5 of the Revenue and Taxation Code is amended to read:\n17053.5.\n(a) (1) For a qualified renter, there shall be allowed a credit against his or her \u201cnet tax,\u201d as defined in Section 17039. The amount of the credit shall be as follows:\n(A) For married couples filing joint returns, heads of household, and surviving spouses, as defined in Section 17046, the credit shall be equal to one hundred twenty dollars ($120)\nfor taxable years beginning before January 1, 2016, and two hundred dollars ($200) for taxable years beginning on or after January 1, 2016,\nif adjusted gross income is fifty thousand dollars ($50,000) or less.\n(B) For other individuals, the credit shall be equal to sixty dollars ($60)\nfor taxable years beginning before January 1, 2016, and one hundred dollars ($100) for taxable years beginning on or after January 1, 2016,\nif adjusted gross income is twenty-five thousand dollars ($25,000) or less.\n(2) Except as provided in subdivision (b), a husband and wife shall receive but one credit under this section. If the husband and wife file separate returns, the credit may be taken by either or equally divided between them, except as follows:\n(A) If one spouse was a resident for the entire taxable year and the other spouse was a nonresident for part or all of the taxable year, the resident spouse shall be allowed one-half the credit allowed to married persons and the nonresident spouse shall be permitted one-half the credit allowed to married persons, prorated as provided in subdivision (e).\n(B) If both spouses were nonresidents for part of the taxable year, the credit allowed to married persons shall be divided equally between them subject to the proration provided in subdivision (e).\n(b) For a husband and wife, if each spouse maintained a separate place of residence and resided in this state during the entire taxable year, each spouse will be allowed one-half the full credit allowed to married persons provided in subdivision (a).\n(c) For purposes of this section, a \u201cqualified renter\u201d means an individual who satisfies both of the following:\n(1) Was a resident of this state, as defined in Section 17014.\n(2) Rented and occupied premises in this state which constituted his or her principal place of residence during at least 50 percent of the taxable year.\n(d) \u201cQualified renter\u201d does not include any of the following:\n(1) An individual who for more than 50 percent of the taxable year rented and occupied premises that were exempt from property taxes, except that an individual, otherwise qualified, is deemed a qualified renter if he or she or his or her landlord pays possessory interest taxes, or the owner of those premises makes payments in lieu of property taxes that are substantially equivalent to property taxes paid on properties of comparable market value.\n(2) An individual whose principal place of residence for more than 50 percent of the taxable year is with another person who claimed that individual as a dependent for income tax purposes.\n(3) An individual who has been granted or whose spouse has been granted the homeowners\u2019 property tax exemption during the taxable year. This paragraph does not apply to an individual whose spouse has been granted the homeowners\u2019 property tax exemption if each spouse maintained a separate residence for the entire taxable year.\n(e) An otherwise qualified renter who is a nonresident for any portion of the taxable year shall claim the credits set forth in subdivision (a) at the rate of one-twelfth of those credits for each full month that individual resided within this state during the taxable year.\n(f) A person claiming the credit provided in this section shall, as part of that claim, and under penalty of perjury, furnish that information as the Franchise Tax Board prescribes on a form supplied by the board.\n(g) The credit provided in this section shall be claimed on returns in the form as the Franchise Tax Board may from time to time prescribe.\n(h) For purposes of this section, \u201cpremises\u201d means a house or a dwelling unit used to provide living accommodations in a building or structure and the land incidental thereto, but does not include land only, unless the dwelling unit is a mobilehome. The credit is not allowed for any taxable year for the rental of land upon which a mobilehome is located if the mobilehome has been granted a homeowners\u2019 exemption under Section 218 in that year.\n(i) This section shall become operative on January 1, 1998, and applies to any taxable year beginning on or after January 1, 1998.\n(j) For each taxable year beginning on or after January 1, 1999, the Franchise Tax Board shall recompute the adjusted gross income amounts set forth in subdivision (a). The computation shall be made as follows:\n(1) The Department of Industrial Relations shall transmit annually to the Franchise Tax Board the percentage change in the California Consumer Price Index for all items from June of the prior calendar year to June of the current year, no later than August 1 of the current calendar year.\n(2) The Franchise Tax Board shall compute an inflation adjustment factor by adding 100 percent to the portion of the percentage change figure which is furnished pursuant to paragraph (1) and dividing the result by 100.\n(3) The Franchise Tax Board shall multiply the amount in subparagraph (B) of paragraph (1) of subdivision (d) for the preceding taxable year by the inflation adjustment factor determined in paragraph (2), and round off the resulting products to the nearest one dollar ($1).\n(4) In computing the amounts pursuant to this subdivision, the amounts provided in subparagraph (A) of paragraph (1) of subdivision (a) shall be twice the amount provided in subparagraph (B) of paragraph (1) of subdivision (a).\nSECTION 1.\nSection 17053.5 of the\nRevenue and Taxation Code\nis amended to read:\n17053.5.\n(a)(1)For a qualified renter, there shall be allowed a credit against his or her \u201cnet tax,\u201d as defined in Section 17039. The amount of the credit shall be as follows:\n(A)For taxable years beginning before January 1, 2017:\n(i)\nFor married couples filing joint returns, heads of household, and surviving spouses, as defined in Section 17046, the credit shall be equal to one hundred twenty dollars ($120) if adjusted gross income is fifty thousand dollars ($50,000) or less.\n(ii)\nFor other individuals, the credit shall be equal to sixty dollars ($60) if adjusted gross income is twenty-five thousand dollars ($25,000) or less.\n(B)For taxable years beginning on or after January 1, 2017:\n(i)For married couples filing joint returns, heads of household, and surviving spouses, as defined in Section 17046, the credit shall be equal to one hundred eighty-four dollars ($184) if adjusted gross income is one hundred thousand dollars ($100,000) or less.\n(ii)For other individuals, the credit shall be equal to ninety-two dollars ($92) if adjusted gross income is fifty thousand dollars ($50,000) or less.\n(2)Except as provided in subdivision (b), a husband and wife shall receive one credit under this section. If the husband and wife file separate returns, the credit may be taken by either or equally divided between them, except as follows:\n(A)If one spouse was a resident for the entire taxable year and the other spouse was a nonresident for part or all of the taxable year, the resident spouse shall be allowed one-half the credit allowed to married persons and the nonresident spouse shall be permitted one-half the credit allowed to married persons, prorated as provided in subdivision (e).\n(B)If both spouses were nonresidents for part of the taxable year, the credit allowed to married persons shall be divided equally between them subject to the proration provided in subdivision (e).\n(b)For a husband and wife, if each spouse maintained a separate place of residence and resided in this state during the entire taxable year, each spouse will be allowed one-half the full credit allowed to married persons provided in subdivision (a).\n(c)For purposes of this section, a \u201cqualified renter\u201d means an individual who satisfies both of the following:\n(1)Was a resident of this state, as defined in Section 17014.\n(2)Rented and occupied premises in this state which constituted his or her principal place of residence during at least 50 percent of the taxable year.\n(d)\u201cQualified renter\u201d does not include any of the following:\n(1)An individual who for more than 50 percent of the taxable year rented and occupied premises that were exempt from property taxes, except that an individual, otherwise qualified, is deemed a qualified renter if he or she or his or her landlord pays possessory interest taxes, or the owner of those premises makes payments in lieu of property taxes that are substantially equivalent to property taxes paid on properties of comparable market value.\n(2)An individual whose principal place of residence for more than 50 percent of the taxable year is with any other person who claimed that individual as a dependent for income tax purposes.\n(3)An individual who has been granted or whose spouse has been granted the homeowners\u2019 property tax exemption during the taxable year. This paragraph does not apply to an individual whose spouse has been granted the homeowners\u2019 property tax exemption if each spouse maintained a separate residence for the entire taxable year.\n(e)An otherwise qualified renter who is a nonresident for any portion of the taxable year shall claim the credits set forth in subdivision (a) at the rate of one-twelfth of those credits for each full month that individual resided within this state during the taxable year.\n(f)A person claiming the credit provided in this section shall, as part of that claim, and under penalty of perjury, furnish that information as the Franchise Tax Board prescribes on a form supplied by the board.\n(g)The credit provided in this section shall be claimed on returns in the form as the Franchise Tax Board may from time to time prescribe.\n(h)For purposes of this section, \u201cpremises\u201d means a house or a dwelling unit used to provide living accommodations in a building or structure and the land incidental thereto, but does not include land only, unless the dwelling unit is a mobilehome. The credit is not allowed for any taxable year for the rental of land upon which a mobilehome is located if the mobilehome has been granted a homeowners\u2019 exemption under Section 218 in that year.\n(i)This section shall become operative on January 1, 1998, and applies to any taxable year beginning on or after January 1, 1998.\n(j)For each taxable year beginning on or after January 1, 1999, and before January 1, 2017, and for each taxable year beginning on or after January 1, 2018, the Franchise Tax Board shall recompute the adjusted gross income amounts set forth in subparagraphs (A) and (B), respectively, of paragraph (1) of subdivision (a). The computation shall be made as follows:\n(1)The Department of Industrial Relations shall transmit annually to the Franchise Tax Board the percentage change in the California Consumer Price Index for all items from June of the prior calendar year to June of the current year, no later than August 1 of the current calendar year.\n(2)The Franchise Tax Board shall compute an inflation adjustment factor by adding 100 percent to that portion of the percentage change figure furnished pursuant to paragraph (1) and dividing the result by 100.\n(3)The Franchise Tax Board shall multiply the amounts in paragraph (1) of subdivision (a) for the preceding taxable year by the inflation adjustment factor determined in paragraph (2), and round off the resulting products to the nearest one dollar ($1).\n(4)(A)In computing the amounts pursuant to this subdivision, the amounts provided in clause (i) of subparagraph (A) of paragraph (1) of subdivision (a) shall be twice the amount provided in clause (ii) of subparagraph (A) of paragraph (1) of subdivision (a).\n(B)In computing the amounts pursuant to this subdivision, the amounts provided in clause (i) of subparagraph (B) of paragraph (1) of subdivision (a) shall be twice the amount provided in clause (ii) of subparagraph (B) of paragraph (1) of subdivision (a).\nSEC. 2.\nThis act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect.","title":""}
{"_id":"c451","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nThe Legislature finds and declares all of the following:\n(a) Section 149.9 of the Streets and Highways Code, the statute authorizing the Los Angeles County Metropolitan Transportation Authority (LACMTA) and the Department of Transportation to pursue the implementation of high-occupancy toll (HOT) lanes on State Highway Routes 10 and 110, requires LACMTA to develop a program to offset the impact on tolls on certain income groups in Los Angeles County.\n(b) LACMTA has implemented a low-income assistance program in this regard and has developed other ways to respond to this requirement.\n(c) LACMTA\u2019s report to the Legislature and subsequent information provided by LACMTA identified the progress of the HOT lanes overall and the level of participation in the low-income assistance program.\n(d) While the HOT lanes have met their stated objectives, and while participation in the low-income assistance program has grown over time, improvements can be made.\n(e) LACMTA and the department should continue to improve the overall performance of the HOT lanes, including identifying ways to improve travel speeds in both corridors.\n(f) LACMTA and the department should continue to work to improve awareness of the low-income assistance program through advertising and working with local community groups and social service agencies to distribute information about the program.\n(g) LACMTA should consider offering greater incentives in the low-income assistance program in order to incentivize participation in the program.\nSEC. 2.\nSection 149.9 of the Streets and Highways Code is amended to read:\n149.9.\n(a) Notwithstanding Sections 149 and 30800 of this code, and Section 21655.5 of the Vehicle Code, the Los Angeles County Metropolitan Transportation Authority (LACMTA) may conduct, administer, and operate a value-pricing and transit development program involving high-occupancy toll (HOT) lanes on State Highway Routes 10 and 110 in the County of Los Angeles. LACMTA, with the consent of the department, may direct and authorize the entry and use of the State Highway Routes 10 and 110 high-occupancy vehicle lanes by single-occupant vehicles and those vehicles that do not meet minimum occupancy requirements, as defined by LACMTA, for a fee. The amount of the fee shall be established by, and collected in a manner to be determined by, LACMTA. LACMTA may continue to require high-occupancy vehicles to have an electronic transponder or other electronic device for enforcement purposes.\n(b) LACMTA shall implement the program in cooperation with the department, and with the active participation of the Department of the California Highway Patrol, pursuant to an agreement that addresses all matters related to design, construction, maintenance, and operation of state highway system facilities in connection with the program. With the consent of the department, LACMTA shall establish appropriate performance measures, such as speed or travel times, for the purpose of ensuring optimal use of the HOT lanes by high-occupancy vehicles without adversely affecting other traffic on the state highway system.\n(1) Agreements between LACMTA, the department, and the Department of the California Highway Patrol shall identify the respective obligations and liabilities of each party to the agreement and assign them responsibilities relating to the program. The agreements entered into pursuant to this section shall be consistent with agreements between the department and the United States Department of Transportation relating to programs of this nature. The agreements entered into pursuant to this section shall include clear and concise procedures for enforcement by the Department of the California Highway Patrol of laws prohibiting the unauthorized use of the HOT lanes. The agreements shall provide for reimbursement of state agencies, from revenues generated by the program or other funding sources that are not otherwise available to state agencies for transportation-related projects, for costs incurred in connection with the implementation or operation of the program, as well as maintenance of state highway system facilities in connection with the program.\n(2) All remaining revenue generated by the program shall be used in the corridor from which the revenue was generated exclusively for preconstruction, construction, and other related costs of high-occupancy vehicle facilities, transportation corridor improvements, and the improvement of transit service in the corridor, including, but not limited to, support for transit operations pursuant to an expenditure plan adopted by LACMTA. LACMTA\u2019s administrative expenses related to the operation of the program shall not exceed 3 percent of the revenues.\n(c) Single-occupant vehicles and those vehicles that do not meet minimum occupancy requirements that are certified or authorized by LACMTA for entry into, and use of, the State Highway Routes 10 and 110 high-occupancy vehicle lanes are exempt from Section 21655.5 of the Vehicle Code, and the driver shall not be in violation of the Vehicle Code because of that entry and use.\n(d) (1) In implementing the program, LACMTA shall continue to work with the affected communities in the respective corridors and provide mitigation measures for commuters of low income, including reduced toll charges and toll credits for transit users. Eligible commuters for reduced toll charges or toll credits for transit users shall meet the eligibility requirements for assistance programs under Chapter 2 (commencing with Section 11200) or Chapter 3 (commencing with Section 12000) of Part 3 of, Part 5 (commencing with Section 17000) of, or Chapter 10 (commencing with Section 18900), Chapter 10.1 (commencing with Section 18930), or Chapter 10.3 (commencing with Section 18937) of Part 6 of, Division 9 of the Welfare and Institutions Code.\n(2) Beyond the measures already implemented to create a low-income assistance program, LACMTA shall take additional steps to increase enrollment and participation in the low-income assistance program. LACMTA, in that regard, shall improve awareness of the low-income assistance program through advertising and by working with local community groups and social service agencies to distribute information about the low-income assistance program. In addition, LACMTA shall consider offering greater incentives to encourage participation in the low-income assistance program.\n(e) (1) LACMTA and the department shall report to the Legislature by January 31, 2015. The report shall include, but not be limited to, a summary of the program, a survey of its users, the impact on carpoolers, revenues generated, how transit service or alternative modes of transportation were impacted, any potential effect on traffic congestion in the high-occupancy vehicle lanes and in the neighboring lanes, the number of toll-paying vehicles that utilized the HOT lanes, any potential reductions in the greenhouse gas emissions that are attributable to congestion reduction resulting from the HOT lane program, any comments submitted by the Department of the California Highway Patrol regarding operation of the lanes, and a description of the mitigation measures on the affected communities and commuters in the program. The report shall be submitted in compliance with Section 9795 of the Government Code. This subdivision shall become inoperative on January 31, 2019, pursuant to Section 10231.5 of the Government Code.\n(2) LACMTA and the department shall report to the policy committees of the Legislature with responsibility for transportation matters by December 31, 2018, on the efforts to improve the program authorized by this section. The report shall address efforts by LACMTA to increase participation in the low-income participation program, any additional incentives that have been developed to encourage participation in the low-income participation program, and the performance of the HOT lanes overall in improving congestion in the affected corridors and offsetting the impact to low-income commuters. This paragraph shall become inoperative on January 1, 2021, pursuant to Section 10231.5 of the Government Code.\n(f) Toll paying commuters shall have the option to purchase any necessary toll paying equipment, prepay tolls, and renew toll payments by cash or by using a credit card.\n(g) This section shall not prevent the department or any local agency from constructing facilities that compete with a HOT lane program, and LACMTA shall not be entitled to compensation for adverse effects on toll revenue due to those facilities.\n(h) LACMTA may issue bonds, as set forth in Chapter 5 (commencing with Section 130500) of Division 12 of the Public Utilities Code, at any time to finance any costs necessary to implement a value-pricing and transit development program established in accordance with this section and to finance any expenditures payable from the revenues generated from the program.","title":""}
{"_id":"c202","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 1942.5 of the Civil Code is amended to read:\n1942.5.\n(a) If the lessor retaliates against the lessee because of the exercise by the lessee of his or her rights under this chapter or because of his or her complaint to an appropriate agency as to tenantability of a dwelling, and if the lessee of a dwelling is not in default as to the payment of his or her rent, the lessor may not recover possession of a dwelling in any action or proceeding, cause the lessee to quit involuntarily, increase the rent, or decrease any services within 180 days of any of the following:\n(1) After the date upon which the lessee, in good faith, has given notice pursuant to Section 1942, has provided notice of a suspected bed bug infestation, or has made an oral complaint to the lessor regarding tenantability.\n(2) After the date upon which the lessee, in good faith, has filed a written complaint, or an oral complaint which is registered or otherwise recorded in writing, with an appropriate agency, of which the lessor has notice, for the purpose of obtaining correction of a condition relating to tenantability.\n(3) After the date of an inspection or issuance of a citation, resulting from a complaint described in paragraph (2) of which the lessor did not have notice.\n(4) After the filing of appropriate documents commencing a judicial or arbitration proceeding involving the issue of tenantability.\n(5) After entry of judgment or the signing of an arbitration award, if any, when in the judicial proceeding or arbitration the issue of tenantability is determined adversely to the lessor.\nIn each instance, the 180-day period shall run from the latest applicable date referred to in paragraphs (1) to (5), inclusive.\n(b) A lessee may not invoke subdivision (a) more than once in any 12-month period.\n(c) It is unlawful for a lessor to increase rent, decrease services, cause a lessee to quit involuntarily, bring an action to recover possession, or threaten to do any of those acts, for the purpose of retaliating against the lessee because he or she has lawfully organized or participated in a lessees\u2019 association or an organization advocating lessees\u2019 rights or has lawfully and peaceably exercised any rights under the law. In an action brought by or against the lessee pursuant to this subdivision, the lessee shall bear the burden of producing evidence that the lessor\u2019s conduct was, in fact, retaliatory.\n(d) Nothing in this section shall be construed as limiting in any way the exercise by the lessor of his or her rights under any lease or agreement or any law pertaining to the hiring of property or his or her right to do any of the acts described in subdivision (a) or (c) for any lawful cause. Any waiver by a lessee of his or her rights under this section is void as contrary to public policy.\n(e) Notwithstanding subdivisions (a) to (d), inclusive, a lessor may recover possession of a dwelling and do any of the other acts described in subdivision (a) within the period or periods prescribed therein, or within subdivision (c), if the notice of termination, rent increase, or other act, and any pleading or statement of issues in an arbitration, if any, states the ground upon which the lessor, in good faith, seeks to recover possession, increase rent, or do any of the other acts described in subdivision (a) or (c). If the statement is controverted, the lessor shall establish its truth at the trial or other hearing.\n(f) Any lessor or agent of a lessor who violates this section shall be liable to the lessee in a civil action for all of the following:\n(1) The actual damages sustained by the lessee.\n(2) Punitive damages in an amount of not less than one hundred dollars ($100) nor more than two thousand dollars ($2,000) for each retaliatory act where the lessor or agent has been guilty of fraud, oppression, or malice with respect to that act.\n(g) In any action brought for damages for retaliatory eviction, the court shall award reasonable attorney\u2019s fees to the prevailing party if either party requests attorney\u2019s fees upon the initiation of the action.\n(h) The remedies provided by this section shall be in addition to any other remedies provided by statutory or decisional law.\nSEC. 1.5.\nSection 1942.5 of the Civil Code is amended to read:\n1942.5.\n(a) If the lessor retaliates against the lessee because of the exercise by the lessee of his or her rights under this chapter or because of his or her complaint to an appropriate agency as to tenantability of a dwelling, and if the lessee of a dwelling is not in default as to the payment of his or her rent, the lessor may not recover possession of a dwelling in any action or proceeding, cause the lessee to quit involuntarily, increase the rent, or decrease any services within 180 days of any of the following:\n(1) After the date upon which the lessee, in good faith, has given notice pursuant to Section 1942, has provided notice of a suspected bed bug infestation, or has made an oral complaint to the lessor regarding tenantability.\n(2) After the date upon which the lessee, in good faith, has filed a written complaint, or an oral complaint which is registered or otherwise recorded in writing, with an appropriate agency, of which the lessor has notice, for the purpose of obtaining correction of a condition relating to tenantability.\n(3) After the date of an inspection or issuance of a citation, resulting from a complaint described in paragraph (2) of which the lessor did not have notice.\n(4) After the filing of appropriate documents commencing a judicial or arbitration proceeding involving the issue of tenantability.\n(5) After entry of judgment or the signing of an arbitration award, if any, when in the judicial proceeding or arbitration the issue of tenantability is determined adversely to the lessor.\nIn each instance, the 180-day period shall run from the latest applicable date referred to in paragraphs (1) to (5), inclusive.\n(b) A lessee may not invoke subdivision (a) more than once in any 12-month period.\n(c) Notwithstanding subdivision (a), it is unlawful for a lessor to increase rent, decrease services, cause a lessee to quit involuntarily, bring an action to recover possession, or threaten to do any of those acts, for the purpose of retaliating against the lessee because he or she has lawfully organized or participated in a lessees\u2019 association or an organization advocating lessees\u2019 rights or has lawfully and peaceably exercised any rights under the law. In an action brought by or against the lessee pursuant to this subdivision, the lessee shall bear the burden of producing evidence that the lessor\u2019s conduct was, in fact, retaliatory.\n(d) Nothing in this section shall be construed as limiting in any way the exercise by the lessor of his or her rights under any lease or agreement or any law pertaining to the hiring of property or his or her right to do any of the acts described in subdivision (a) or (c) for any lawful cause. Any waiver by a lessee of his or her rights under this section is void as contrary to public policy.\n(e) Notwithstanding subdivisions (a) to (d), inclusive, a lessor may recover possession of a dwelling and do any of the other acts described in subdivision (a) within the period or periods prescribed therein, or within subdivision (c), if the notice of termination, rent increase, or other act, and any pleading or statement of issues in an arbitration, if any, states the ground upon which the lessor, in good faith, seeks to recover possession, increase rent, or do any of the other acts described in subdivision (a) or (c). If the statement is controverted, the lessor shall establish its truth at the trial or other hearing.\n(f) Any lessor or agent of a lessor who violates this section shall be liable to the lessee in a civil action for all of the following:\n(1) The actual damages sustained by the lessee.\n(2) Punitive damages in an amount of not less than one hundred dollars ($100) nor more than two thousand dollars ($2,000) for each retaliatory act where the lessor or agent has been guilty of fraud, oppression, or malice with respect to that act.\n(g) In any action brought for damages for retaliatory eviction, the court shall award reasonable attorney\u2019s fees to the prevailing party if either party requests attorney\u2019s fees upon the initiation of the action.\n(h) The remedies provided by this section shall be in addition to any other remedies provided by statutory or decisional law.\nSEC. 2.\nSection 1954.1 of the Civil Code is amended and renumbered to read:\n1954.05.\nIn any general assignment for the benefit of creditors, as defined in Section 493.010 of the Code of Civil Procedure, the assignee shall have the right to occupy, for a period of up to 90 days after the date of the assignment, any business premises held under a lease by the assignor upon payment when due of the monthly rental reserved in the lease for the period of such occupancy, notwithstanding any provision in the lease, whether heretofore or hereafter entered into, for the termination thereof upon the making of the assignment or the insolvency of the lessee or other condition relating to the financial condition of the lessee. This section shall be construed as establishing the reasonable rental value of the premises recoverable by a landlord upon a holding-over by the tenant upon the termination of a lease under the circumstances specified herein.\nSEC. 3.\nChapter 2.8 (commencing with Section 1954.600) is added to Title 5 of Part 4 of Division 3 of the Civil Code, to read:\nCHAPTER  2.8 Bed Bug Infestations\n1954.600.\nThe Legislature finds and declares:\n(a) Controlling bed bugs is uniquely challenging, as bed bug resistance to existing insecticidal control measures is significant. Cooperation among landlords, tenants, and pest control operators is required for successful control. With cooperation among landlords, tenants, and pest control operators, most bed bug infestations can be successfully controlled.\n(b) Effective control is more likely to occur when landlords and tenants are informed of the best practices for bed bug control.\n(c) Early detection and reporting of bed bugs is an important component required for preventing bed bug infestations. Tenants should not face retaliation for reporting a problem.\n(d) Lack of cooperation by landlords and tenants can undermine pest control operator efforts to identify the presence of bed bugs and control an infestation. Depending on the treatment strategy, it is often critical that tenants cooperate with pest control operators by reducing clutter, washing clothes, or performing other activities. Likewise, inadequate or untimely response or planning by landlords may exacerbate an infestation.\n(e) Pest control operators with knowledge and education in current best practices for bed bug management, such as those created by the National Pest Management Association (NPMA), are best equipped to help property owners and tenants eradicate bed bugs from their home.\n(f) The Structural Pest Control Board should incorporate training in bed bug management based on the National Pest Management Association (NPMA) best practices for the issuance or renewal of a Branch 2 operator, field representative, or applicator license.\n1954.601.\nFor purposes of this chapter, the term \u201cpest control operator\u201d means an individual holding a Branch 2 operator, field representative, or applicator license from the Structural Pest Control Board.\n1954.602\n(a) A landlord shall not show, rent, or lease to a prospective tenant any vacant dwelling unit that the landlord knows has a current bed bug infestation.\n(b) This section does not impose a duty on a landlord to inspect a dwelling unit or the common areas of the premises for bed bugs if the landlord has no notice of a suspected or actual bed bug infestation. If a bed bug infestation is evident on visual inspection, the landlord shall be considered to have notice pursuant to this section.\n1954.603.\nOn and after July 1, 2017, prior to creating a new tenancy for a dwelling unit, a landlord shall provide a written notice to the prospective tenant as provided in this section. This notice shall be provided to all other tenants by January 1, 2018. The notice shall be in at least 10-point type and shall include, but is not limited to, the following:\n(a) General information about bed bug identification, behavior and biology, the importance of cooperation for prevention and treatment, and the importance of and for prompt written reporting of suspected infestations to the landlord. The information shall be in substantially the following form:\n\n\nInformation about Bed Bugs\nBed bug Appearance: Bed bugs have six legs. Adult bed bugs have flat bodies about\n1\/4\nof an inch in length. Their color can vary from red and brown to copper colored. Young bed bugs are very small. Their bodies are about\n1\/16\nof an inch in length. They have almost no color. When a bed bug feeds, its body swells, may lengthen, and becomes bright red, sometimes making it appear to be a different insect. Bed bugs do not fly. They can either crawl or be carried from place to place on objects, people, or animals. Bed bugs can be hard to find and identify because they are tiny and try to stay hidden.\nLife Cycle and Reproduction: An average bed bug lives for about 10 months. Female bed bugs lay one to five eggs per day. Bed bugs grow to full adulthood in about 21 days.\nBed bugs can survive for months without feeding.\nBed bug Bites: Because bed bugs usually feed at night, most people are bitten in their sleep and do not realize they were bitten. A person\u2019s reaction to insect bites is an immune response and so varies from person to person. Sometimes the red welts caused by the bites will not be noticed until many days after a person was bitten, if at all.\nCommon signs and symptoms of a possible bed bug infestation:\n\u2022 Small red to reddish brown fecal spots on mattresses, box springs, bed frames, mattresses, linens, upholstery, or walls.\n\u2022 Molted bed bug skins, white, sticky eggs, or empty eggshells.\n\u2022 Very heavily infested areas may have a characteristically sweet odor.\n\u2022 Red, itchy bite marks, especially on the legs, arms, and other body parts exposed while sleeping. However, some people do not show bed bug lesions on their bodies even though bed bugs may have fed on them.\nFor more information, see the Internet Web sites of the United States Environmental Protection Agency and the National Pest Management Association.\n\n\n(b) The procedure to report suspected infestations to the landlord.\n1954.604.\nEntry to inspect a tenant\u2019s dwelling unit shall comply with Section 1954. Entry to inspect any unit selected by the pest control operator and to conduct followup inspections of surrounding units until bed bugs are eliminated is a necessary service for the purpose of Section 1954. Tenants shall cooperate with the inspection to facilitate the detection and treatment of bed bugs, including providing requested information that is necessary to facilitate the detection and treatment of bed bugs to the pest control operator.\n1954.605.\nThe landlord shall notify the tenants of those units inspected by the pest control operator pursuant to Section 1954.604 of the pest control operator\u2019s findings. The notification shall be in writing and made within two business days of receipt of the pest control operator\u2019s findings. For confirmed infestations in common areas, all tenants shall be provided notice of the pest control operator\u2019s findings.\nSEC. 4.\nSection 1.5 of this bill incorporates amendments to Section 1942.5 of the Civil Code proposed by both this bill and Assembly Bill 2881. 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 1942.5 of the Civil Code, and (3) this bill is enacted after Assembly Bill 2881, in which case Section 1 of this bill shall not become operative.","title":""}
{"_id":"c287","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 3513 of the Government Code is amended to read:\n3513.\nAs used in this chapter:\n(a) \u201cEmployee organization\u201d means any organization that includes employees of the state and that has as one of its primary purposes representing these employees in their relations with the state.\n(b) \u201cRecognized employee organization\u201d means an employee organization that has been recognized by the state as the exclusive representative of the employees in an appropriate unit.\n(c) (1) \u201cState employee\u201d means any civil service employee of the state, and the teaching staff of schools under the jurisdiction of the State Department of Education or the Superintendent of Public Instruction, except managerial employees, confidential employees, supervisory employees, employees of the Department of Human Resources, professional employees of the Department of Finance engaged in technical or analytical state budget preparation other than the auditing staff, professional employees in the Personnel\/Payroll Services Division of the Controller\u2019s office engaged in technical or analytical duties in support of the state\u2019s personnel and payroll systems other than the training staff, employees of the Legislative Counsel Bureau, employees of the Bureau of State Audits, employees of the office of the Inspector General, employees of the board, conciliators employed by the California State Mediation and Conciliation Service, employees of the Office of the State Chief Information Officer except as otherwise provided in Section 11546.5, and intermittent athletic inspectors who are employees of the State Athletic Commission.\n(2) \u201cState employee\u201d also has the meaning provided by Section 3522.5.\n(d) \u201cMediation\u201d means effort by an impartial third party to assist in reconciling a dispute regarding wages, hours, and other terms and conditions of employment between representatives of the public agency and the recognized employee organization or recognized employee organizations through interpretation, suggestion, and advice.\n(e) \u201cManagerial employee\u201d means any employee having significant responsibilities for formulating or administering agency or departmental policies and programs or administering an agency or department.\n(f) \u201cConfidential employee\u201d means any employee who is required to develop or present management positions with respect to employer-employee relations or whose duties normally require access to confidential information contributing significantly to the development of management positions.\n(g) \u201cSupervisory employee\u201d means any individual, regardless of the job description or title, having authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibility to direct them, or to adjust their grievances, or effectively to recommend this action, if, in connection with the foregoing, the exercise of this authority is not of a merely routine or clerical nature, but requires the use of independent judgment. Employees whose duties are substantially similar to those of their subordinates shall not be considered to be supervisory employees.\n(h) \u201cBoard\u201d means the Public Employment Relations Board. The Educational Employment Relations Board shall be renamed the Public Employment Relations Board as provided in Section 3540. The powers and duties of the board described in Section 3541.3 shall also apply, as appropriate, to this chapter.\n(i) \u201cMaintenance of membership\u201d means that all employees who voluntarily are, or who voluntarily become, members of a recognized employee organization shall remain members of that employee organization in good standing for a period as agreed to by the parties pursuant to a memorandum of understanding, commencing with the effective date of the memorandum of understanding. A maintenance of membership provision shall not apply to any employee who within 30 days prior to the expiration of the memorandum of understanding withdraws from the employee organization by sending a signed withdrawal letter to the employee organization and a copy to the Controller\u2019s office.\n(j) (1) \u201cState employer,\u201d or \u201cemployer,\u201d for the purposes of bargaining or meeting and conferring in good faith, means the Governor or his or her designated representatives.\n(2) \u201cState employer,\u201d or \u201cemployer,\u201d also has the meaning provided by Section 3522.5.\n(k) \u201cFair share fee\u201d means the fee deducted by the state employer from the salary or wages of a state employee in an appropriate unit who does not become a member of and financially support the recognized employee organization. The fair share fee shall be used to defray the costs incurred by the recognized employee organization in fulfilling its duty to represent the employees in their employment relations with the state, and shall not exceed the standard initiation fee, membership dues, and general assessments of the recognized employee organization.\nSEC. 2.\nSection 3522.5 is added to the Government Code, to read:\n3522.5.\n(a) This chapter shall apply to the Judicial Council and its employees subject to the provisions of this section.\n(b) For the purpose of applying this chapter to the Judicial Council and its employees:\n(1) \u201cState employee\u201d means an employee of the Judicial Council, except a managerial, supervisory, or confidential employee, or an excluded employee designated pursuant to subdivision (e). \u201cState employee\u201d does not include a judicial officer or employee of the Supreme Court, the courts of appeal, or the Habeas Corpus Resource Center.\n(2) \u201cState employer\u201d or \u201cemployer,\u201d for purposes of bargaining or meeting and conferring in good faith, means the Administrative Director of the Courts, or his or her designated representatives, acting with the authorization of the chairperson of the Judicial Council.\n(3) References to actions or decisions by the Governor, or his or her designated representative, shall mean actions or decisions by the Administrative Director of the Courts, or his or her designated representative, acting with the authorization of the Chairperson of the Judicial Council.\n(c) Sections 3517.5, 3517.6, 3517.63, and 3517.7 shall not apply to the Judicial Council and its employees.\n(d) The board, as it determines appropriate bargaining units, shall not include Judicial Council employees in a bargaining unit that includes employees other than those of Judicial Council.\n(e) The Judicial Council has the sole authority and discretion to designate state employee positions as excluded positions, provided that managerial, supervisory, confidential, and excluded positions not included in bargaining units under this provision shall not exceed one third of the total authorized Judicial Council positions as stated in the Department of Finance Salaries and Wages Supplement. Designation of the excluded positions under this section shall not be subject to review by the board.","title":""}
{"_id":"c378","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 69800 of the Education Code is amended to read:\n69800.\nA public, private, or independent postsecondary educational institution, except the California Community Colleges, shall do all of the following:\n(a) (1) State both of the following in all printed and online financial aid materials issued or distributed by the institution to applicants for admission or matriculated students and with private loan applications provided or made available by the institution:\n(A) Federal student loans are required by law to provide a range of flexible repayment options, including, but not limited to, income-based repayment and income-contingent repayment plans, and loan forgiveness benefits, which other student loans are not required to provide.\n(B) Federal direct loans are available to students regardless of income.\n(2) The institution may continue to use financial aid materials that are printed before January 1, 2013, if the institution includes an insert with the printed material that provides the information required in paragraph (1). All financial aid materials printed on or after January 1, 2013, shall include the information required in paragraph (1).\n(b) Clearly distinguish private loans from federal loans in individual financial aid awards by stating, for any private loans included by the institution as part of the institution\u2019s award package, all of the following:\n(1) Whether the rate is fixed or variable.\n(2) An explanation that private student loan lenders can offer variable interest rates that can increase or decrease over time, depending on market conditions.\n(3) An explanation that private student loans have a range of interest rates and fees and students should determine the interest rate of, and any fees associated with, the private student loan included in their financial aid award package before accepting the loan.\n(4) An explanation that students should contact the lender of the private student loan or their postsecondary educational institution\u2019s financial aid office if they have any questions about a private student loan.\n(5) An explanation that the interest rate on a private loan may depend on the borrower\u2019s credit rating.\n(c) If the institution provides a private loan lender list, it also shall provide general information about the loans available through the lender and disclose the basis for each lender\u2019s inclusion on the list. The institution shall also disclose with the list that the student has the ability to choose any lender.\n(d) (1) Make available to the public upon request and in a prominent location on its Internet Web site within 12 months of a completed academic year the following information concerning graduates and student loan debt:\n(A) The number of students who started as first-time postsecondary students at the institution and received a certificate, associate\u2019s degree, or bachelor\u2019s degree during that academic year. For purposes of this section, \u201cacademic year\u201d means the most recently completed federal award year of July 1 to June 30.\n(B) (i) For each type of credential specified in subparagraph (A), the number and percentage of the students identified pursuant to subparagraph (A) who borrowed at any time while enrolled at the institution through any student loan program, including, but not necessarily limited to, institutional loans, state loans, federal Perkins loans, federal Stafford subsidized and unsubsidized loans, and private loans that were certified by the institution, including both federal direct student loans and federal family education loans.\n(ii) The total principal borrowed for each type of credential in those loans described in clause (i).\n(C) (i) For each type of credential specified in subparagraph (A), the number and percentage of the students identified pursuant to subparagraph (A) who borrowed at any time while enrolled at the institution through a federal student loan program, including, but not necessarily limited to, federal Perkins loans, federal Stafford subsidized and unsubsidized loans, federal direct student loans, and federal family education loans, but excluding institutional loans, state loans, and private loans.\n(ii) The total principal borrowed for each type of credential in those loans described in clause (i).\n(D) The average cumulative principal borrowed by those students counted for purposes of the calculations required by subparagraphs (B) and (C) by credential type, calculated by dividing the sum identified in clause (ii) of each of those subparagraphs for each type of credential by the number of that type of credential issued for students receiving the loans described in the respective subparagraph.\n(2) For purposes of this subdivision, \u201cloans\u201d shall include cosigned loans that financed a student\u2019s own enrollment or attendance, but shall not include parental loans.\nSEC. 2.\nSection 69800.2 is added to the Education Code, to read:\n69800.2.\n(a) Before certifying a borrower\u2019s eligibility for a private student loan, a public, private, or independent postsecondary educational institution shall provide to the student information concerning all unused state and federal financial assistance, including unused federal student loan moneys available to that student.\n(b) An institution that does not participate in federal student loan programs shall inform students that the institution does not participate in federal loan programs and that students may be eligible for federal loans at a participating institution. The institution shall provide the student with information regarding the Cal Grants Web link on the California Student Aid Commission\u2019s Web site and the Federal Student Aid Web link on the United States Department of Education\u2019s Web site.\nSEC. 3.\nSection 69800.5 of the Education Code is amended to read:\n69800.5.\nThe California Community Colleges may, and are requested to, comply with the provisions of Section 69800.","title":""}
{"_id":"c415","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 972.1 of the Military and Veterans Code, as amended by Section 2 of Chapter 401 of the Statutes of 2012, is repealed.\n972.1.\n(a)The sum of five hundred thousand dollars ($500,000) is hereby appropriated from the General Fund to the Department of Veterans Affairs for allocation, during the 1989\u201390 fiscal year, for purposes of funding the activities of county veterans service officers pursuant to this section. Funds for allocation in future years shall be as provided in the annual Budget Act.\n(b)Funds shall be disbursed each fiscal year on a pro rata basis to counties that have established and maintain a county veterans service officer in accordance with the staffing level and workload of each county veterans service officer under a formula based upon performance that shall be developed by the Department of Veterans Affairs for these purposes, and that shall allocate county funds in any fiscal year for county veterans service officers in an amount not less than the amount allocated in the 1988\u201389 fiscal year.\n(c)The department shall annually determine the amount of new or increased monetary benefits paid to eligible veterans by the federal government attributable to the assistance of county veterans service officers. The department shall, on or before October 1 of each year, prepare and transmit its determination for the preceding fiscal year to the Department of Finance and the Legislature. The Department of Finance shall review the department\u2019s determination in time to use the information in the annual Budget Act for the budget of the department for the next fiscal year.\n(d)(1)The Legislature finds and declares that 50 percent of the amount annually budgeted for county veterans service officers is approximately eleven million dollars ($11,000,000). The Legislature further finds and declares that it is an efficient and reasonable use of state funds to increase the annual budget for county veterans service officers in an amount not to exceed eleven million dollars ($11,000,000) if it is justified by the monetary benefits to the state\u2019s veterans attributable to the effort of these officers.\n(2)It is the intent of the Legislature, after reviewing the department\u2019s determination in subdivision (c), to consider an increase in the annual budget for county veterans service officers in an amount not to exceed five million dollars ($5,000,000), if the monetary benefits to the state\u2019s veterans attributable to the assistance of county veteran service officers justify that increase in the budget.\n(e)This section shall become operative January 1, 2016.\nSEC. 2.\nSection 972.1 is added to the Military and Veterans Code, to read:\n972.1.\n(a) The Department of Veterans Affairs shall, no later than July 1, 2016, develop an allocation formula based upon performance standards that encourage innovation and reward outstanding service by county veterans service officers. Upon appropriation by the Legislature of moneys for this purpose, the moneys shall be allocated each fiscal year in accordance with that formula among only those counties that, in the discretion of the secretary, comply with the following requirements:\n(1) Establish and maintain a county veterans service officer, pursuant to Section 970.\n(2) Collect and report all information required by the department in accordance with departmental regulations.\n(3) Comply with the training and accreditation standards for county veterans service officers and veteran service representatives as may be set by the department.\n(4) Require county veterans service officers and veteran service representatives to become accredited with the department for the purpose of providing representation services to claimants before the United States Department of Veterans Affairs within 18 months of the commencement of his or her employment, or on or before June 1, 2017, whichever date is later.\n(b) The department shall annually report to the Legislature the efficacy, return on investment, work volume, and regional impact of the subvention funds on each county that receives those funds. The department shall, in addition to the requirements of Section 974, annually determine information including, but not limited to, the following:\n(1) The amount of new or increased monetary benefits paid to eligible veterans by the federal government attributable to the assistance of county veterans service officers and the basis for that determination.\n(2) The amount paid to each county, including the amounts paid to each county for each category of workload unit included in the allocation formula.\n(3) An evaluation as to each county\u2019s use of subvention funds, including recommendations for improvement of each county\u2019s use of subvention funds.\n(c) The department shall, on or before October 1 of each year, prepare and transmit its determination for the preceding fiscal year to the Department of Finance and the Legislature. The Department of Finance shall review the department\u2019s determination in time to use the information in the annual Budget Act for the budget of the department for the next fiscal year. The department may combine this report with the report required by Section 974.\n(d) For the purposes of this section, \u201cworkload unit\u201d means a specific claim activity that is used to allocate subvention funds to counties, which is approved by the department, and performed by county veterans service officers.\n(e) It is the intent of the Legislature that the department revise the allocation formula pursuant to this section on a regular basis to adjust for changes in veteran demographics and veteran needs.\nSECTION 1.\nThe Legislature finds and declares all of the following:\n(a)The recent conflicts in Iraq and Afghanistan are creating an entirely new generation of veterans who may be eligible for federal veterans benefits because of their war service and their physical and mental conditions.\n(b)Californians make up to 10 percent of the federal military forces used in these conflicts. Furthermore, the California National Guard and California-based reserve units have contributed significantly to these current conflicts.\n(c)Many of these returning California veterans are not aware of the federal and state benefits that are available to them.\n(d)Additionally, it is estimated that in California there may be over two million veterans, and their widows or widowers, who are unaware that they may be eligible for pensions from the federal government based upon their, or their spouses\u2019, past military service in World War II, Korea, Vietnam, or the Gulf War.\n(e)California\u2019s county veterans service officers are the initial local point of contact for claimants accessing the United States Department of Veterans Affairs.\n(f)The costs of maintaining county veterans service officers are shared from county general funds and state reimbursement to the counties. In 1997, in order to track performance, the Legislature enacted and the Governor signed into law Senate Bill 608, enacted as Chapter 318 of the Statutes of 1997, which required the California Department of Veterans Affairs to annually report the amount of monetary benefits paid to veterans by the federal government that were attributable to the assistance of county veterans service officers. Senate Bill 608 also required the Department of Finance to consider an increase in the annual budget for county veterans service officers of up to $5 million, if approved in the annual budget process. In 2009, the Legislature enacted and the Governor signed into law Senate Bill 419 enacted as Chapter 183 of the Statutes of 2009, which raised this amount to $11 million, if approved in the annual budget process.\n(g)As a result of this annual reporting, by the end of 2013, it had been determined that from 1995 to 2013, inclusive, the state had cumulatively budgeted $41.4 million for its share of the cost of the county veterans service officers. As a result of this investment, county veteran service officers were able to assist local veterans in obtaining $4.1 billion, in new federal moneys. This is a return of about $98 for every $1 the state allocates to county veterans service officers. Furthermore, the $4.1 billion only reflects the actual monetary benefits qualified for in a given year. The monetary benefits qualified for in prior years are not tracked, yet the veterans and their dependents may continue to receive those benefits for the rest of their lives. Added to this stellar return on the state\u2019s investment, but not counted in the annual reporting, are the Medi-Cal cost avoidance savings incurred as a result of county veterans service officers qualifying and shifting veterans away from Medi-Cal and into the appropriate federal veterans program.\n(h)The county veterans service officers had accomplished all of this without ever reaching the allowable state budget allocation of $11 million, set in 2009. To date, the county veterans service officers have not received more than $5.6 million per year from the state.\n(i)It is critical that the county veterans service officers receive a steady stream of funding because there continues to be a large number of underserved veterans and their dependents who are not aware of the federal benefits available to them as a result of their military service. Studies from other states have shown that increases in county veterans service officers have resulted in larger amounts of federal moneys to veterans. These new federal moneys and benefits are paid directly from the United States Department of Veterans Affairs to the qualifying veteran or their dependent and are used in the local economy.\nSEC. 2.\nSection 972.1 of the\nMilitary and Veterans Code\n, as amended by Section 3 of Chapter 401 of the Statutes of 2012, is amended to read:\n972.1.\n(a)Funds shall be disbursed each fiscal year on a pro rata basis to counties that have established and maintain a county veterans service officer in accordance with the staffing level and workload of each county veterans service officer under a formula based upon performance that shall be developed by the Department of Veterans Affairs for these purposes.\n(1)For the purposes of this section, \u201cworkload unit\u201d means a specific claim activity that is used to allocate subvention funds to counties, which is approved by the department, and performed by county veterans service officers.\n(2)For the purposes of this subdivision, the department, by June 30, 2013, shall develop a performance-based formula that will incentivize county veterans service officers to perform workload units that help veterans access federal compensation and pension benefits and other benefits, in order to maximize the amount of federal money received by California veterans.\n(b)The department shall annually determine the amount of new or increased monetary benefits paid to eligible veterans by the federal government attributable to the assistance of county veterans service officers. The department shall, on or before October 1 of each year, prepare and transmit its determination for the preceding fiscal year to the Department of Finance and the Legislature. The Department of Finance shall review the department\u2019s determination in time to use the information in the annual Budget Act for the budget of the department for the next fiscal year.\n(c)The department shall conduct a review of the high-performing and low-performing county veterans service officers, and, based on this review, shall produce a best-practices manual for county veterans service officers by June 30, 2013.\n(d)The Legislature finds and declares that it is an efficient and reasonable use of state funds to increase the annual budget for county veterans service officers up to a total of eleven million dollars ($11,000,000) if it is justified by the monetary benefits to the state\u2019s veterans attributable to the effort of these officers.\n(e)This section shall remain in effect only until January 1, 2016, and as of that date is repealed.\nSEC. 3.\nSection 972.1 of the\nMilitary and Veterans Code\n, as amended by Section 2 of Chapter 401 of the Statutes of 2012, is amended to read:\n972.1.\n(a)Funds shall be disbursed each fiscal year on a pro rata basis to counties that have established and maintain a county veterans service officer in accordance with the staffing level and workload of each county veterans service officer under a formula based upon performance that shall be developed by the Department of Veterans Affairs for these purposes, and that shall allocate county funds in any fiscal year for county veterans service officers in an amount not less than five million six hundred thousand dollars ($5,600,000).\n(b)The department shall annually determine the amount of new or increased monetary benefits paid to eligible veterans by the federal government attributable to the assistance of county veterans service officers. The department shall, on or before October 1 of each year, prepare and transmit its determination for the preceding fiscal year to the Department of Finance and the Legislature. The Department of Finance shall review the department\u2019s determination in time to use the information in the annual Budget Act for the budget of the department for the next fiscal year.\n(c)The Legislature finds and declares that it is an efficient and reasonable use of state funds to increase the annual budget for county veterans service officers up to a total of eleven million dollars ($11,000,000) if it is justified by the monetary benefits to the state\u2019s veterans attributable to the effort of these officers.\n(d)This section shall become operative January 1, 2016.\nSEC. 4.\nSection 972.3 is added to the\nMilitary and Veterans Code\n, to read:\n972.3.\n(a)Notwithstanding Section 13340 of the Government Code, the sum of five million six hundred thousand dollars ($5,600,000) is hereby appropriated annually from the General Fund each fiscal year commencing July 1, 2015, to the Department of Veterans Affairs to be available for allocation to counties to fund the activities of county veterans service officers pursuant to subdivision (a) of Section 972.1. Moneys appropriated pursuant to this subdivision shall only be available for encumbrance and expenditure for one year after the date upon which it first becomes available for encumbrance.\n(b)The Department of Veterans Affairs shall, no later than July 1, 2016, develop an allocation formula based upon performance standards that encourage innovation and reward outstanding service by county veterans service officers. Moneys appropriated for this purpose shall be allocated each fiscal year in accordance with that formula among those counties that have established and maintained a county veterans service officer pursuant to Section 970.\nSEC. 5.\nThis 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:\nApproximately 50 percent of the current General Fund appropriation in support of county veteran service offices operations expires on June 30, 2015. In order to provide for continuity of services critical to the successful reintegration of California\u2019s veterans, to increase California\u2019s utilization of veteran benefits, and to ensure veteran\u2019s claims for benefits are processed in a timely manner, it is necessary that this act take effect immediately.","title":""}
{"_id":"c147","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 14105.28 of the Welfare and Institutions Code is amended to read:\n14105.28.\n(a) It is the intent of the Legislature to design a new Medi-Cal inpatient hospital reimbursement methodology based on diagnosis-related groups that more effectively ensures all of the following:\n(1) Encouragement of access by setting higher payments for patients with more serious conditions.\n(2) Rewards for efficiency by allowing hospitals to retain savings from decreased length of stays and decreased costs per day.\n(3) Improvement of transparency and understanding by defining the \u201cproduct\u201d of a hospital in a way that is understandable to both clinical and financial managers.\n(4) Improvement of fairness so that different hospitals receive similar payment for similar care and payments to hospitals are adjusted for significant cost factors that are outside the hospital\u2019s control.\n(5) Encouragement of administrative efficiency and minimizing administrative burdens on hospitals and the Medi-Cal program.\n(6) That payments depend on data that has high consistency and credibility.\n(7) Simplification of the process for determining and making payments to the hospitals.\n(8) Facilitation of improvement of quality and outcomes.\n(9) Facilitation of implementation of state and federal provisions related to hospital acquired conditions.\n(10) Support of provider compliance with all applicable state and federal requirements.\n(b) (1) (A) (i) The department shall develop and implement a payment methodology based on diagnosis-related groups, subject to federal approval, that reflects the costs and staffing levels associated with quality of care for patients in all general acute care hospitals in state and out of state, including Medicare critical access hospitals, but excluding public hospitals, psychiatric hospitals, and rehabilitation hospitals, which include alcohol and drug rehabilitation hospitals.\n(ii) The payment methodology developed pursuant to this section shall be implemented on July 1, 2012, or on the date upon which the director executes a declaration certifying that all necessary federal approvals have been obtained and the methodology is sufficient for formal implementation, whichever is later.\n(iii) Claims for payments pursuant to the payment methodology based on diagnosis-related groups established under this section shall be increased by 16 percent for the 2015\u201316 fiscal year. Managed care rates to Medi-Cal managed care health plans shall be increased by a proportionately equal amount for increased payments for hospital services for the 2015\u201316 fiscal year.\n(iv) Commencing July 1, 2016, and annually thereafter, the department shall increase each diagnosis-related group payment claim amount based, at a minimum, on increases in the medical component of the California Consumer Price Index. Commencing July 1, 2016, and annually thereafter, managed care rates to Medi-Cal managed care health plans shall be increased by a proportionately equal amount for increased payments for hospital services.\n(B) The diagnosis-related group-based payments shall apply to all claims, except claims for psychiatric inpatient days, rehabilitation inpatient days, managed care inpatient days, and swing bed stays for long-term care services, provided, however, that psychiatric and rehabilitation inpatient days shall be excluded regardless of whether the stay was in a distinct-part unit. The department may exclude or include other claims and services as may be determined during the development of the payment methodology.\n(C) Implementation of the new payment methodology shall be coordinated with the development and implementation of the replacement Medicaid Management Information System pursuant to the contract entered into pursuant to Section 14104.3, effective on May 3, 2010.\n(2) The department shall evaluate alternative diagnosis-related group algorithms for the new Medi-Cal reimbursement system for the hospitals to which paragraph (1) applies. The evaluation shall include, but not be limited to, consideration of all of the following factors:\n(A) The basis for determining diagnosis-related group base price, and whether different base prices should be used taking into account factors such as geographic location, hospital size, teaching status, the local hospital wage area index, and any other variables that may be relevant.\n(B) Classification of patients based on appropriate acuity classification systems.\n(C) Hospital case mix factors.\n(D) Geographic or regional differences in the cost of operating facilities and providing care.\n(E) Payment models based on diagnosis-related groups used in other states.\n(F) Frequency of\ngrouper\ngroup\nupdates for the diagnosis-related groups.\n(G) The extent to which the particular grouping algorithm for the diagnosis-related groups accommodates ICD-10 diagnosis and procedure codes, and applicable requirements of the federal Health Insurance Portability and Accountability Act of\n1996.\n1996 (Public Law 104-191).\n(H) The basis for calculating relative weights for the various diagnosis-related groups.\n(I) Whether policy adjusters should be used, for which care categories they should be used, and the frequency of updates to the policy adjusters.\n(J) The extent to which the payment system is budget neutral and can be expected to result in state budget savings in future years.\n(K) Other factors that may be relevant to determining payments, including, but not limited to, add-on payments, outlier payments, capital payments, payments for medical education, payments in the case of early transfers of patients, and payments based on performance and quality of care.\n(c) The department shall submit to the Legislature a status report on the implementation of this section on April 1, 2011, April 1, 2012, April 1, 2013, and April 1, 2014.\n(d) The alternatives for a new system described in paragraph (2) of subdivision (b) shall be developed in consultation with recognized experts with experience in hospital reimbursement, economists, the federal Centers for Medicare and Medicaid Services, and other interested parties.\n(e) In implementing this section, the department may contract, as necessary, on a bid or nonbid basis, for professional consulting services from nationally recognized higher education and research institutions, or other qualified individuals and entities not associated with a particular hospital or hospital group, with demonstrated expertise in hospital reimbursement systems. The rate setting system described in subdivision (b) shall be developed with all possible expediency. This subdivision establishes an accelerated process for issuing contracts pursuant to this section and contracts entered into pursuant to this subdivision shall be exempt from the requirements of Chapter 1 (commencing with Section 10100) and Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code.\n(f) (1) The department may adopt emergency regulations to implement the provisions of this section in accordance with 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 initial adoption of emergency regulations and one readoption of the initial regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare. Initial emergency regulations and the one readoption of those regulations shall be exempt from review by the Office of Administrative Law. The initial emergency regulations and the one readoption of those regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and publication in the California Code of Regulations.\n(2) As an alternative to paragraph (1), and notwithstanding the rulemaking provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, or any other law, the department may implement and administer this section by means of provider bulletins, all-county letters, manuals, or other similar instructions, without taking regulatory action. The department shall notify the fiscal and appropriate policy committees of the Legislature of its intent to issue a provider bulletin, all-county letter, manual, or other similar instruction, at least five days prior to issuance. In addition, the department shall provide a copy of any provider bulletin, all-county letter, manual, or other similar instruction issued under this paragraph to the fiscal and appropriate policy committees of the Legislature.\nSEC. 2.\nSection 14105.194 is added to the Welfare and Institutions Code, to read:\n14105.194.\n(a) Notwithstanding Sections 14105.07, 14105.191, 14105.192, and 14105.193, payments to providers for dates of service on or after June 1, 2011, shall be determined without application of the reductions in Sections 14105.07, 14105.191, 14105.192, and 14105.193, except as otherwise provided in this section.\n(b) Notwithstanding Sections 14105.07 and 14105.192, and except as otherwise provided in this section, for managed care health plans that contract with the department pursuant to this chapter or Chapter 8 (commencing with Section 14200), payments for dates of service following the effective date of the act adding this section shall be determined without application of the reductions, limitations, and adjustments in Sections 14105.07 and 14105.192.\n(c) The director shall implement this section to the maximum extent permitted by federal law and for the maximum time period for which the director obtains federal approval for federal financial participation for the payments provided for in this section.\n(d) The director shall promptly seek all necessary federal approvals to implement this section.\nSEC. 3.\nSection 14105.196 is added to the Welfare and Institutions Code, to read:\n14105.196.\n(a) It is the intent of the Legislature to:\n(1) Maintain the increased reimbursement rates for primary care providers in the Medi-Cal program upon expiration of the temporary increase provided for under Chapter 23 of the Statutes of 2012, as amended by Chapter 438 of the Statutes of 2012, in order to ensure adequate access to these providers.\n(2) Increase reimbursement rates for other Medi-Cal providers to the amounts reimbursed by the federal Medicare program in order to ensure access to medically necessary health care services, and to comply with federal Medicaid requirements that care and services are available to Medi-Cal enrollees at least to the extent that care and services are available to the general population in the geographic area.\n(3) Increase reimbursement rates for Denti-Cal providers to the equivalent rate of the percentage increase for other Medi-Cal providers to the amounts reimbursed by the federal Medicare program in order to ensure access to medically necessary dental services, and to comply with federal Medicaid requirements that care and services are available to Medi-Cal enrollees at least to the extent that care and services are available to the general population in the geographic area.\n(b) (1) (A) Commencing January 1, 2016, payments for medical care services rendered by fee-for-service Medi-Cal\nproviders, including dental providers,\nproviders\nshall not be less than 100 percent of the payment rate that applies to those services as established by the Medicare program for services rendered by fee-for-service providers.\n(B) Commencing January 1, 2016, rates paid to Medi-Cal managed care plans shall be actuarially equivalent to the payment rates established under the Medicare program.\n(C) Commencing January 1, 2016, rates paid to Denti-Cal providers for dental services reimbursed under the Denti-Cal program for services provided to adults and children shall be increased by the equivalent percentage as the percentage increase required under subparagraph (A).\n(2) This subdivision shall be implemented only to the extent permitted by federal law and regulations.\n(c) Notwithstanding any other law, to the extent permitted by federal law and regulations, the payments for medical care services made pursuant to this section shall be exempt from the payment reductions under Sections 14105.191 and 14105.192.\n(d) Payment increases made pursuant to this section shall not apply to provider rates of payment described in Section 14105.18 for services provided to individuals not eligible for Medi-Cal or the Family Planning, Access,\nCare\nCare,\nand Treatment (Family PACT) Program.\n(e) For purposes of this section, \u201cmedical care services\u201d means the services identified in subdivisions (a), (h), (i), (j), (n), (q),\n(t), (v),\nand (w) of Section\n14132, and adult dental benefits provided pursuant to Section 14131.10.\n14132.\n(f) Notwithstanding any other law, the department shall implement the payment increase required by this section to managed care health plans that contract pursuant to Chapter 8.75 (commencing with Section 14591) and to contracts with the Senior Care Action Network and the AIDS Healthcare Foundation in the following manner, to the extent that the services are provided through any of these contracts, payments by the department to managed care health plans shall be increased by the actuarially equivalent amount of the payment increases pursuant to contract amendments or change orders effective on or after January 1, 2016.\n(g) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department shall implement, clarify, make specific, and define the provisions of this section by means of provider bulletins or similar instructions, without taking regulatory action until the time regulations are adopted. The department shall adopt regulations by July 1, 2018, 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 July 1, 2016, 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.\n(h) 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.\nSEC. 4.\nThis 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:\nIn order to ensure, at the earliest possible time, access to medically necessary care for Medi-Cal beneficiaries, it is necessary that this act take effect immediately.","title":""}
{"_id":"c130","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 13109 of the Elections Code is amended to read:\n13109.\nThe 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:\n(a) Under the heading, PRESIDENT AND VICE PRESIDENT:\nNominees of the qualified political parties and independent nominees for President and Vice President.\n(b) Under the heading, PRESIDENT OF THE UNITED STATES:\n(1) Names of the presidential candidates to whom the delegates are pledged.\n(2) Names of the chairpersons of unpledged delegations.\n(c) Under the heading, STATE:\n(1) Governor.\n(2) Lieutenant Governor.\n(3) Secretary of State.\n(4) Controller.\n(5) Treasurer.\n(6) Attorney General.\n(7) Insurance Commissioner.\n(8) Member, State Board of Equalization.\n(d) Under the heading, UNITED STATES SENATOR:\nCandidates or nominees to the United States Senate.\n(e) Under the heading, UNITED STATES REPRESENTATIVE:\nCandidates or nominees to the House of Representatives of the United States.\n(f) Under the heading, STATE SENATOR:\nCandidates or nominees to the State Senate.\n(g) Under the heading, MEMBER OF THE STATE ASSEMBLY:\nCandidates or nominees to the Assembly.\n(h) Under the heading, COUNTY COMMITTEE:\nMembers of the County Central Committee.\n(i) Under the heading, JUDICIAL:\n(1) Chief Justice of California.\n(2) Associate Justice of the Supreme Court.\n(3) Presiding Justice, Court of Appeal.\n(4) Associate Justice, Court of Appeal.\n(5) Judge of the Superior Court.\n(6) Marshal.\n(j) Under the heading, SCHOOL:\n(1) Superintendent of Public Instruction.\n(2) County Superintendent of Schools.\n(3) County Board of Education Members.\n(4) College District Governing Board Members.\n(5) Unified\nSchool\nDistrict Governing Board Members.\n(6) High School District Governing Board Members.\n(7) Elementary\nSchool\nDistrict Governing Board Members.\n(k) Under the heading, COUNTY:\n(1) County Supervisor.\n(2) Other offices in alphabetical order by the title of the office.\n(l) Under the heading, CITY:\n(1) Mayor.\n(2) Member, City Council.\n(3) Other offices in alphabetical order by the title of the office.\n(m) Under the heading, DISTRICT:\nDirectors or trustees for each district in alphabetical order according to the name of the district.\n(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\nthem\nthe ballot measures\nfor the ballot.\n(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\n(j), (k), (l), (m), and (n)\n(j) to (n), inclusive,\nas 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.\n(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\na\nlocal transportation\ntax\nfinance\nabove state measures.\n(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.\nSEC. 2.\nSection 13109 is added to the Elections Code, to read:\n13109.\nThe 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:\n(a) Under the heading, PRESIDENT AND VICE PRESIDENT:\nNominees of the qualified political parties and independent nominees for President and Vice President.\n(b) Under the heading, PRESIDENT OF THE UNITED STATES:\n(1) Names of the presidential candidates to whom the delegates are pledged.\n(2) Names of the chairpersons of unpledged delegations.\n(c) Under the heading, STATE:\n(1) Governor.\n(2) Lieutenant Governor.\n(3) Secretary of State.\n(4) Controller.\n(5) Treasurer.\n(6) Attorney General.\n(7) Insurance Commissioner.\n(8) Member, State Board of Equalization.\n(d) Under the heading, UNITED STATES SENATOR:\nCandidates or nominees to the United States Senate.\n(e) Under the heading, UNITED STATES REPRESENTATIVE:\nCandidates or nominees to the House of Representatives of the United States.\n(f) Under the heading, STATE SENATOR:\nCandidates or nominees to the State Senate.\n(g) Under the heading, MEMBER OF THE STATE ASSEMBLY:\nCandidates or nominees to the Assembly.\n(h) Under the heading, COUNTY COMMITTEE:\nMembers of the County Central Committee.\n(i) Under the heading, JUDICIAL:\n(1) Chief Justice of California.\n(2) Associate Justice of the Supreme Court.\n(3) Presiding Justice, Court of Appeal.\n(4) Associate Justice, Court of Appeal.\n(5) Judge of the Superior Court.\n(6) Marshal.\n(j) Under the heading, SCHOOL:\n(1) Superintendent of Public Instruction.\n(2) County Superintendent of Schools.\n(3) County Board of Education Members.\n(4) College District Governing Board Members.\n(5) Unified\nSchool\nDistrict Governing Board Members.\n(6) High School District Governing Board Members.\n(7) Elementary\nSchool\nDistrict Governing Board Members.\n(k) Under the heading, COUNTY:\n(1) County Supervisor.\n(2) Other offices in alphabetical order by the title of the office.\n(l) Under the heading, CITY:\n(1) Mayor.\n(2) Member, City Council.\n(3) Other offices in alphabetical order by the title of the office.\n(m) Under the heading, DISTRICT:\nDirectors or trustees for each district in alphabetical order according to the name of the district.\n(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\nthem\nthe ballot measures\nfor the ballot.\n(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\n(j), (k), (l), (m), and (n)\n(j) to (n), inclusive,\nas 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.\n(p) This section shall become operative on January 1, 2017.\nSEC. 3.\nThis 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:\nIn order for county boards of supervisors and county elections officials to have sufficient time to implement the provisions of this bill\nprior to\nbefore\nthe November 8, 2016, statewide general election, it is necessary that this act take effect immediately.","title":""}
{"_id":"c437","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nThe Legislature finds and declares all of the following:\n(a) Corinthian Colleges, Inc., was the target of consumer and taxpayer protection enforcement efforts by the federal government, the Attorney General, and other state and federal authorities.\n(b) Based on findings of harm to students enrolled at Corinthian Colleges campuses, the United States Department of Education announced debt relief programs to assist students, including all of the following:\n(1) A student who attended a Corinthian Colleges campus that closed on April 27, 2015, and withdrew any time after June 20, 2014, is eligible to apply for a closed school loan discharge, so long as the student does not transfer earned credit and subsequently\ncomplete\ncompletes\na comparable program at another institution.\n(2) A student who believes he or she was a victim of fraud or other violations of state law by Corinthian Colleges can apply for debt relief under borrower defense to repayment. The United States Department of Education has determined that Corinthian Colleges misrepresented job placement rates for a majority of programs at its Heald College campuses between 2010 and 2014, and California Everest College and WyoTech campuses between 2010 and 2013, and is in the process of establishing a specific process for federal loan discharge for these students.\n(3) A Corinthian Colleges student who intends to submit a borrower defense claim may request loan forbearance while a claims review process is established and his or her claim is reviewed.\n(c) On March 25, 2016, the United States Department of Education announced the approval of 6,838 of the 11,740 closed school loan discharge claims and approval of 2,048 of the approximately 11,000 borrower defense to repayment loan forgiveness claims received. Rough estimates place the number of students with eligibility to file a closed school loan discharge or defense to repayment claim at over 350,000 students.\n(d) According to testimony provided at the November 10, 2015, advisory committee meeting, the Bureau for Private Postsecondary Education staff indicated that Corinthian Colleges students have largely needed assistance in working with loan servicers to secure a closed school loan discharge and in applying to the United States Department of Education for loan forgiveness based on borrower defense to repayment. According to that testimony, the Bureau for Private Postsecondary Education at that time had one employee responsible for assisting the hundreds of thousands of California students eligible for loan forgiveness and tuition recovery.\n(e) Without assistance, evidence shows that only a small fraction of students eligible for tuition recovery or federal loan discharge will file a claim.\n(f) Pursuant to Section 94923, the Student Tuition Recovery Fund exists to relieve or mitigate a student\u2019s economic loss caused by a documented violation of certain laws or by institutional closure, as specified.\n(g) It is consistent with the purpose of the Student Tuition Recovery Fund to provide assistance to Corinthian Colleges students to obtain federal and private loan discharge and other financial aid relief.\n(h) It is the intent of the Legislature that unencumbered restitution funds awarded to the state from a lawsuit involving Corinthian Colleges and its affiliate institutions, including Heald College, be used to repay any funds provided to students pursuant to this act.\nSEC. 2.\nSection 69433.61 is added to the Education Code, to read:\n69433.61.\n(a) Notwithstanding any other law, a student who was enrolled and received a Cal Grant award in the 2013\u201314 or 2014\u201315 academic year at a California campus of Heald College, and was unable to complete an educational program offered by the campus due to the campus\u2019 closure on April 27, 2015, shall not have the award years used at a Heald College campus considered for purposes of the limitation on the number of years of Cal Grant award eligibility. This restoration of award years for Cal Grant eligibility shall not exceed two years.\n(b) A student shall be eligible for the restoration of award years if the student was enrolled at a campus of Heald College on April 27, 2015, or withdrew from enrollment between July 1, 2014, and April 27, 2015. The Bureau for Private Postsecondary Education shall provide the commission with information, if available, to confirm student enrollment for purposes of this section.\n(c) An eligible student shall, before July 1, 2018, notify the commission of his or her intent to use the restoration of award years provided under this section and to enroll in an institution eligible for initial and renewal Cal Grant awards to be eligible for that restoration.\nSEC. 3.\nSection 69999.19 is added to the Education Code, to read:\n69999.19.\n(a) Notwithstanding any other law, a student who was enrolled and received a California National Guard Education Assistance Award in the 2013\u201314 or 2014\u201315 academic year at a California campus of Heald College, and was unable to complete an educational program offered by the campus due to the campus\u2019 closure on April 27, 2015, shall not have the award years used at a Heald College campus considered for purposes of the limitation on the number of years of California National Guard Education Assistance Award eligibility. This restoration of award years for California National Guard Education Assistance Award eligibility shall not exceed two years.\n(b) A student shall be eligible for the restoration of award years if the student was enrolled at a campus of Heald College on April 27, 2015, or withdrew from enrollment between July 1, 2014, and April 27, 2015. The Bureau for Private Postsecondary Education shall provide the commission with information, if available, to confirm student enrollment for purposes of this section.\n(c) An eligible student shall, before July 1, 2018, notify the commission of his or her intent to use the restoration of award years provided under this section and to enroll in an institution eligible for initial and renewal California National Guard Education Assistance Awards to be eligible for that restoration.\nSEC. 4.\nSection 94051 is added to the Education Code, to read:\n94051.\n(a) Notwithstanding any other law, until July 1, 2020, a state agency that provides licensure may consider for licensure any student who was enrolled in an educational program of Corinthian Colleges, Inc., designed to lead to licensure from that state agency, and who did not receive that licensure due to the institution\u2019s closure. This consideration shall be provided at the discretion of the state agency in accordance with its public protection mandate and applicable criteria established by the agency for consumer safety.\n(b) A state agency, as specified in subdivision (a), may require coursework or passage of a California law and ethics examination, if not already required, to ensure that the potential licensee is versed in the most recent and relevant state laws applicable to the license.\nSEC. 5.\nSection 94926.5 is added to the Education Code, to read:\n94926.5.\n(a) Upon appropriation by the Legislature from the Student Tuition Recovery Fund, in response to the student harm caused by the practices and unlawful closure of Corinthian Colleges, Inc., grant funds shall be timely provided in accordance with this section to eligible nonprofit community service organizations to assist the eligible students of that closed institution by relieving or mitigating the economic and educational opportunity loss incurred by those students.\n(b) (1) \u2002 The terms and conditions of the grant agreements shall ensure that grant funds are used for the exclusive purpose of assisting eligible students with federal and private loan discharge and other financial aid relief, and that students eligible to claim recovery through the Student Tuition Recovery Fund are referred to the bureau for assistance with claim processing.\n(2) This subdivision is not intended to prohibit a nonprofit community service organization from using grant funds to screen student requests for assistance in order to determine if a student meets assistance eligibility requirements.\n(c) Services provided by eligible nonprofit community service organizations may include, but are not to be limited to, outreach and education, screening requests for assistance, referring students for additional legal assistance through pro bono referral programs, and legal services.\n(d) For purposes of this section, an \u201celigible nonprofit community service organization\u201d is an organization that satisfies all of the following conditions:\n(1) The organization is a 501(c)(3) tax-exempt organization in good standing with the Internal Revenue Service and in compliance with all applicable laws and requirements.\n(2) The organization demonstrates expertise in assisting students with, and currently provides free direct legal services to students for, or will work in partnership\nwith\nwith,\nor under the supervision\nof\nof,\nan attorney or a nonprofit legal services organization that has demonstrated expertise in assisting students with, student loan and tuition recovery-related matters.\n(3) The organization does not charge students for services, including services provided pursuant to this section.\n(e) For purposes of this section, an \u201celigible student\u201d is a student who was enrolled at a California campus of, or a California student who was enrolled in an online campus of, a Corinthian Colleges institution, and who has been screened by the nonprofit community service organization and determined to be eligible for debt relief from the United States Department of Education or other student financial aid relief.\n(f) (1) \u2002 The bureau shall notify the Attorney General of all unlawful Corinthian Colleges closures within 15 days of the effective date of this section.\n(2) The notification shall include the name and location of the school, the programs, and the number of students affected at each site of the school, as appropriate. The bureau shall provide the Attorney General with all additional information that the Attorney General may request, if the bureau has access to the requested information.\n(3) The Attorney General shall, within 90 days of receipt of the notification, solicit grant applications from eligible nonprofit community service organizations as described in subdivision (d), select one or more of these organizations from among the applicants who are deemed to be qualified by the Attorney General, set additional terms and conditions of the grants as necessary, and notify the bureau and the recipient organization or organizations of the selection and the share of grant funds available that the organization shall receive. The Attorney General may enter into a contract with another qualified entity to perform the Attorney General\u2019s duties under this subdivision.\n(g) Within 30 days of selection pursuant to paragraph (3) of subdivision (f), an eligible nonprofit community service organization that receives funds pursuant to this section shall enter into a grant agreement with the Attorney General, or a qualified entity entrusted with this authority pursuant to paragraph (3) of subdivision (f), as applicable, and shall use grant funds exclusively for the purposes set forth in this section in accordance with the agreement. Any unused funds shall be returned to the Attorney General for return to the Student Tuition Recovery Fund, except that, upon the approval of the Attorney General, an eligible nonprofit community service organization may expend those unused funds to provide assistance to students who were enrolled at an institution approved to operate by the bureau and who were harmed by the unlawful closure of that institution. The Attorney General, or a contracted qualified entity, may terminate the grant agreement for material breach, and may require repayment of funds provided to the nonprofit community service organization during the time that the agreement was being materially breached. However, the Attorney General, or a qualified entity, shall provide the grantee with written notice of the breach and a reasonable opportunity of not less than 30 days to resolve the breach.\n(h) An eligible nonprofit community service organization that receives a grant may give priority to low-income students if demand exceeds available grant funds. Otherwise, the organization may provide assistance regardless of student income level.\n(i) (1) \u2002 An eligible nonprofit community service organization that receives a grant shall report to the Attorney General, or a qualified entity pursuant to paragraph (3) of subdivision (f), as applicable, quarterly through the grant period on all of the following:\n(A) The number of eligible students served pursuant to the grant agreement.\n(B) A detailed summary of services provided to those students.\n(C) The number of Student Tuition Recovery Fund claims referred to the bureau.\n(D) The number of federal loan forgiveness claims filed and the number of those claims approved, denied, and pending.\n(E) The number of students screened by the nonprofit community service organization who were determined ineligible for assistance with debt relief pursuant to subdivision (e), a summary of reasons for ineligibility, and a summary of any services or referral information provided to those students.\n(F) Any other information that is deemed appropriate by the Attorney General or qualified entity, as applicable.\n(2) The Attorney General or qualified entity, as applicable, shall make the reports submitted pursuant to paragraph (1) available to the Legislature and the bureau upon request.\n(3) The Attorney General or qualified entity, as applicable, shall provide the Legislature and the bureau a final report summarizing the information submitted pursuant to paragraph (1) promptly following the time when all funds are expended by the grantees or by January 1, 2019, whichever is earlier.\n(j) Funds shall be distributed to preapproved nonprofit community service organizations as follows:\n(1) Fifty percent shall be distributed to the grantee within 30 days of the grantee entering into a grant agreement.\n(2) Twenty-five percent shall be distributed to the grantee upon the submission of the grantee\u2019s second quarterly report.\n(3) Twenty-five percent shall be distributed to the grantee upon the submission of the grantee\u2019s third quarterly report.\n(k) The adoption of any regulation pursuant to this section shall be deemed to be an emergency and necessary for the immediate preservation of the public health and safety, or general welfare.\nSEC. 6.\n(a) It is the intent of the Legislature that grant funds be made available from the Student Tuition Recovery Fund to assist former students of Corinthian Colleges, Inc., in obtaining federal and private loan discharge and other financial aid related relief, that the amount of funds available be calculated by multiplying the number of students (13,000) enrolled at the time of the institution\u2019s unlawful closure by one hundred dollars ($100), and that organizations receiving grants use available funds in ways that maximize the number of California students that apply for and receive loan discharge and tuition recovery.\n(b) Consistent with subdivision (a), the sum of one million three hundred thousand dollars ($1,300,000) is hereby appropriated from the Student Tuition Recovery Fund to the Attorney General for the purposes of providing grants pursuant to Section 94926.5 of the Education Code, and to pay an amount not to exceed one hundred fifty thousand dollars ($150,000) for the reasonable administrative costs of the Attorney General\u2019s office related to these grants.\nSEC. 7.\nThis 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:\nIn order to provide immediate educational and economic relief to the thousands of students harmed by the closure of Corinthian Colleges, it is necessary for this act to take effect immediately.","title":""}
{"_id":"c30","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nArticle 4.5 (commencing with Section 111548) is added to Chapter 6 of Part 5 of Division 104 of the Health and Safety Code, to read:\nArticle  4.5. Right to Try Act\n111548.\nThis article shall be known and may be cited as the Right to Try Act.\n111548.1.\nFor purposes of this article, unless the context otherwise requires, the following definitions shall apply:\n(a) \u201cConsulting physician\u201d means a physician and surgeon licensed under the Medical Practice Act or an osteopathic physician and surgeon licensed under the Osteopathic Act who performs all of the following:\n(1) Examines the qualified individual and his or her relevant medical records.\n(2) Confirms, in writing, the primary physician\u2019s diagnosis and prognosis.\n(3) Verifies, in the opinion of the consulting physician, that the eligible patient is competent, acting voluntarily, and has made an informed decision.\n(b) \u201cEligible patient\u201d means a person who meets all of the following conditions:\n(1) Has an immediately life-threatening disease or condition.\n(2) Has considered all other treatment options currently approved by the United States Food and Drug Administration.\n(3) Has not been accepted to participate in the nearest clinical trial to his or her home for the immediately life-threatening disease or condition identified in paragraph (1) within one week of completion of the clinical trial application process, or, in the treating physician\u2019s medical judgment, it is unreasonable for the patient to participate in that clinical trial due to the patient\u2019s current condition and stage of disease.\n(4) Has received a recommendation from his or her primary physician and a consulting physician for an investigational drug, biological product, or device.\n(5) Has given written informed consent for the use of the investigational drug, biological product, or device, or, if he or she lacks the capacity to consent, his or her legally authorized representative has given written informed consent on his or her behalf.\n(6) Has documentation from his or her primary physician and a consulting physician attesting that the patient has met the requirements of this subdivision.\n(c) \u201cHealth benefit plan\u201d means a plan or program that provides, arranges, pays for, or reimburses the cost of health benefits. \u201cHealth benefit plan\u201d includes, but is not limited to, a health care service plan contract issued by a health care service plan, as defined in Section 1345, and a policy of health insurance, as defined in Section 106 of the Insurance Code, issued by a health insurer.\n(d) \u201cImmediately life-threatening disease or condition\u201d means a stage of disease in which there is a reasonable likelihood that death will occur within a matter of months.\n(e) \u201cInvestigational drug, biological product, or device\u201d means a drug, biological product, or device that has successfully completed phase one of a clinical trial approved by the United States Food and Drug Administration, but has not been approved for general use by the United States Food and Drug Administration and remains under investigation in a clinical trial approved by the United States Food and Drug Administration.\n(f) \u201cPrimary physician\u201d means a physician and surgeon licensed under the Medical Practice Act or an osteopathic physician and surgeon licensed under the Osteopathic Act.\n(g) \u201cState regulatory board\u201d means the Medical Board of California or the Osteopathic Medical Board of California.\n(h) (1) \u201cWritten, informed consent\u201d means a written document that has been approved by the primary physician\u2019s institutional review board or an accredited independent institutional review board, is signed by an eligible patient, or his or her legally authorized representative when the patient lacks the capacity to consent, and attested to by the patient\u2019s primary physician and a witness that, at a minimum, does all of the following:\n(A) Explains the currently approved products and treatments for the immediately life-threatening disease or condition from which the patient suffers.\n(B) Attests to the fact that the patient, or when the patient lacks the capacity to consent his or her legally authorized representative, concurs with the patient\u2019s primary physician in believing that all currently approved and conventionally recognized treatments are unlikely to prolong the patient\u2019s life.\n(C) Clearly identifies the specific proposed investigational drug, biological product, or device that the patient is seeking to use.\n(D) Describes the potentially best and worst outcomes of using the investigational drug, biological product, or device and describes the most likely outcome. This description shall include the possibility that new, unanticipated, different, or worse symptoms might result and that death could be hastened by the proposed treatment. The description shall be based on the primary physician\u2019s knowledge of the proposed treatment in conjunction with an awareness of the patient\u2019s condition.\n(E) Clearly states that the patient\u2019s health benefit plan, if any, and health care provider are not obligated to pay for the investigational drug, biological product, or device or any care or treatments consequent to use of the investigational drug, biological product, or device.\n(F) Clearly states that the patient\u2019s eligibility for hospice care may be withdrawn if the patient begins curative treatment and that care may be reinstated if the curative treatment ends and the patient meets hospice eligibility requirements.\n(G) Clearly states that in-home health care may be denied if treatment begins.\n(H) States that the patient understands that he or she is liable for all expenses consequent to the use of the investigational drug, biological product, or device, and that this liability extends to the patient\u2019s estate, except as otherwise provided in the patient\u2019s health benefit plan or a contract between the patient and the manufacturer of the drug, biological product, or device.\n(2) Written, informed consent for purposes of this article shall be consistent with the informed consent requirements of the Protection of Human Subjects in Medical Experimentation Act (Chapter 1.3 (commencing with Section 24170) of Division 20).\n111548.2.\n(a) Notwithstanding Section 110280, 111520, or 111550, a manufacturer of an investigational drug, biological product, or device may make available the manufacturer\u2019s investigational drug, biological product, or device to an eligible patient pursuant to this article. This article does not require that a manufacturer make available an investigational drug, biological product, or device to an eligible patient.\n(b) A manufacturer may do both of the following:\n(1) Provide an investigational drug, biological product, or device to an eligible patient without receiving compensation.\n(2) Require an eligible patient to pay the costs of, or associated with, the manufacture of the investigational drug, biological product, or device.\n(c) (1) This article does not expand the coverage provided under Sections 1370.4 and 1370.6 of this code, Sections 10145.3 and 10145.4 of the Insurance Code, or Sections 14087.11 and 14132.98 of the Welfare and Institutions Code.\n(2) This article does not require a health benefit plan to provide coverage for the cost of any investigational drug, biological product, or device, or the costs of services related to the use of an investigational drug, biological product, or device under this article. A health benefit plan may provide coverage for an investigational drug, biological product, or device made available pursuant to this section.\n(d) If the clinical trial for an investigational drug, biological product, or device is closed due to the lack of efficacy or for toxicity, the investigational drug, biological product, or device shall not be offered. If notice of closure of a clinical trial is given for an investigational drug, biological product, or device taken by a patient outside of a clinical trial, the manufacturer and the patient\u2019s primary physician shall notify the patient of the information from the safety committee of the clinical trial.\n(e) If an eligible patient dies while being treated by an investigational drug, biological product, or device made available pursuant to this article, the patient\u2019s heirs and health benefit plan, except to the extent the plan provided coverage pursuant to paragraph (2) of subdivision (c), are not liable for any outstanding debt related to the treatment or lack of insurance for the treatment.\n111548.3.\n(a) Notwithstanding any other law, a state regulatory board shall not revoke, fail to renew, or take any other disciplinary action against a physician\u2019s license based on the physician\u2019s recommendation to an eligible patient regarding, or prescription for or treatment with, an investigational drug, biological product, or device if the recommendation or prescription is consistent with protocol approved by the physician\u2019s institutional review board or an accredited independent institutional review board.\n(b) The physician\u2019s institutional review board or an accredited institutional review board shall biannually report the following information to the State Department of Public Health, the Medical Board of California, and the Osteopathic Medical Board of California:\n(1) The number of requests made for an investigational drug, biological product, or device.\n(2) The status of the requests made.\n(3) The duration of the treatment.\n(4) The costs of the treatment paid by eligible patients.\n(5) The success or failure of the investigational drug, biological product, or device in treating the immediately life-threatening disease or condition from which the patient suffers.\n(6) Any adverse event for each investigational drug, biological product, or device.\n(c) A state agency shall not alter any recommendation made to the federal Centers for Medicare and Medicaid Services regarding a health care provider\u2019s certification to participate in the Medicare or Medicaid program based solely on the recommendation from an individual health care provider that a patient have access to an investigational drug, biological product, or device.\n(d) A violation of this section shall not be subject to Chapter 8 (commencing with Section 111825).\n111548.5.\nThis article does not create a private cause of action, and actions taken pursuant to this article shall not serve as a basis for a civil, criminal, or disciplinary claim or cause of action, including, but not limited to, product liability, medical negligence, or wrongful death, against a manufacturer of an investigational drug, biological product, or device, or against any other person or entity involved in the care of an eligible patient for harm done to the eligible patient or his or her heirs resulting from the investigational drug, biological product, or device, or the use or nonuse thereof, if the manufacturer or other person or entity has complied with the terms of this article in relation to the eligible patient, unless there was a failure to exercise reasonable care.","title":""}
{"_id":"c439","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nThe Legislature finds and declares all of the following:\n(a) In 2011, the State of California passed historic legislation to reduce recidivism in the state prison system by supervising people with low-level convictions at the local level, closer to their communities. To support realignment efforts, the state has provided approximately $2.5 billion in funding for local jail construction projects, including:\n(1) One billion two hundred million dollars ($1,200,000,000) in funding for local jail construction projects authorized by Chapter 7 of the Statutes of 2007. In two phases of the program, 21 counties received awards. When all construction is completed, over 9,000 jail beds will have been added.\n(2) Five hundred million dollars ($500,000,000) in funding for local jails authorized by Chapter 42 of the Statutes of 2012. The Board of State and Community Corrections (BSCC) awarded 14 counties funding. The program specified that counties seeking to replace or upgrade outdated facilities and provide alternatives to incarceration, including mental health and substance use disorder treatment, would be considered.\n(3) An additional $500 million for local jails authorized by Chapter 37 of the Statutes of 2014. The BSCC awarded 15 counties funding. This funding was primarily available for improving existing capacity and treatment and programming space.\n(4) An additional $250 million for local jails and an additional $20 million specifically for Napa County authorized by Chapter 34 of the Statutes of 2016. The funding was limited to those counties that had not been fully funded through previous grants. In addition, a facility constructed or renovated with program funding is required to include space for in-person visitation and a county applying for financing is required to submit a description of efforts to address sexual abuse in its jails.\n(b) While a number of the counties that were awarded funding under the programs described in paragraphs (1), (2), and (3) of subdivision (a) are offering in-person visitation, there are several that have banned, or are considering banning, in-person visitation and instead offering only video visitation.\n(c) Experts have found \u201cthat prison visitation can significantly improve the transition incarcerated people make from the institution to the community.\u201d Just one visit \u201creduced the risk of recidivism by 13 percent for felony reconvictions and 25 percent for technical violation revocations.\u201d \u201c[M]ore frequent and recent visits were associated with a decreased risk of recidivism,\u201d and \u201cthe more sources of social support an incarcerated person has, the lower the risk of recidivism.\u201d\n(d) Experts have additionally found that video \u201c[v]isiting cannot replicate seeing someone in-person, and it is critical for a young child to visit his or her incarcerated parent in person to establish a secure attachment.\u201d\n(e) For purposes of updating and promulgating regulations, the BSCC utilizes the 2015 Adult Titles 15 and 24 Regulation Revision Executive Steering Committee (ESC). The ESC, which is responsible for regulations relating to visitation, requested that one of its working groups discuss the current visitation regulations as they relate to video visitation. Despite expert findings, the BSCC working group on visitation, which was comprised of only law enforcement representatives, stated, in part: \u201cThe workgroup engaged in a lengthy discussion regarding video visitation versus in-person visits. Several members of the group reported that their county is planning or building new facilities with space for video visiting only (no space for in-person visits).\u201d\n(f) Chapter 15 of the Statutes of 2011, the public safety realignment legislation, included the following legislative findings: \u201cRealigning low-level felony offenders who do not have prior convictions for serious, violent, or sex offenses to locally run, community-based corrections programs which are strengthened through community-based punishment, evidence-based practices, improved supervision strategies, and enhanced secured capacity, will improve public safety outcomes among adult felons and facilitate their reintegration back into society.\u201d\n(g) Due to the enactment of realignment legislation, more people are serving lengthy jail sentences for felony convictions, often years and, in some cases, decades.\n(h) California\u2019s criminal justice realignment will be strengthened by ensuring that incarcerated people at the local level have contact with, and build meaningful connections with, friends and family in their communities. With these connections, incarcerated people will be better prepared to successfully reintegrate into and contribute to society.\nSEC. 2.\nSection 4032 is added to the Penal Code, to read:\n4032.\n(a) A local detention facility that elects to utilize video or other types of electronic devices for inmate visitations shall also provide inmates with in-person visitation that meets or surpasses the minimum number of weekly visits required by regulations of the Board of State and Community Corrections for persons detained in the facility. For purposes of this section, \u201clocal detention facility\u201d has the same meaning as defined in Section 6031.4.\n(b) Notwithstanding subdivision (a), a local detention facility that elects to utilize video or other types of electronic devices for inmate visitations and does not have existing space available for in-person visitation shall provide visitation in accordance with subdivision (a) no later than January 1, 2022.","title":""}
{"_id":"c361","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 6253 of the Government Code is amended to read:\n6253.\n(a) Public records are open to inspection at all times during the office hours of the state or local agency and every person has a right to inspect any public record, except as hereafter provided. Any reasonably segregable portion of a record shall be available for inspection by any person requesting the record after deletion of the portions that are exempted by law.\n(b) Except with respect to public records exempt from disclosure by express provisions of law, each state or local agency, upon a request for a copy of records that reasonably describes an identifiable record or records, shall make the records promptly available to any person upon payment of fees covering direct costs of duplication, or a statutory fee if applicable. Upon request, an exact copy shall be provided unless impracticable to do so.\n(c) Each agency, upon a request for a copy of records, shall, within 10 days from receipt of the request, determine whether the request, in whole or in part, seeks copies of disclosable public records in the possession of the agency and shall promptly notify the person making the request of the determination and the reasons therefor. In unusual circumstances, the time limit prescribed in this section may be extended by written notice by the head of the agency or his or her designee to the person making the request, setting forth the reasons for the extension and the date on which a determination is expected to be dispatched. No notice shall specify a date that would result in an extension for more than 14 days. When the agency dispatches the determination, and if the agency determines that the request seeks disclosable public records, the agency shall state the estimated date and time when the records will be made available. As used in this section, \u201cunusual circumstances\u201d means the following, but only to the extent reasonably necessary to the proper processing of the particular request:\n(1) The need to search for and collect the requested records from field facilities or other establishments that are separate from the office processing the request.\n(2) The need to search for, collect, and appropriately examine a voluminous amount of separate and distinct records that are demanded in a single request.\n(3) The need for consultation, which shall be conducted with all practicable speed, with another agency having substantial interest in the determination of the request or among two or more components of the agency having substantial subject matter interest therein.\n(4) The need to compile data, to write programming language or a computer program, or to construct a computer report to extract data.\n(d) Nothing in this chapter shall be construed to permit an agency to delay or obstruct the inspection or copying of public records. The notification of denial of any request for records required by Section 6255 shall set forth the names and titles or positions of each person responsible for the denial.\n(e) Except as otherwise prohibited by law, a state or local agency may adopt requirements for itself that allow for faster, more efficient, or greater access to records than prescribed by the minimum standards set forth in this chapter.\n(f) In addition to maintaining public records for public inspection during the office hours of the public agency, a public agency may comply with subdivision (a) by posting any public record on its Internet Web site and, in response to a request for a public record posted on the Internet Web site, directing a member of the public to the location on the Internet Web site where the public record is posted. However, if after the public agency directs a member of the public to the Internet Web site, the member of the public requesting the public record requests a copy of the public record due to an inability to access or reproduce the public record from the Internet Web site, the public agency shall promptly provide a copy of the public record pursuant to subdivision (b).\nSEC. 2.\nThe Legislature finds and declares that Section 1 of this act, which amends Section 6253 of the Government Code, imposes a limitation on the public\u2019s 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:\nThe state has a very strong interest in ensuring both the transparency of, and efficient use of limited resources by, public agencies. In order to protect this interest, it is necessary to allow public agencies that have already increased the public\u2019s access to public records by posting public records on the public agencies\u2019 Internet Web sites to refer requests for posted public records to these Internet Web sites.\nSEC. 3.\nThe Legislature finds and declares that Section 1 of this act, which amends Section 6253 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:\nSince this act would authorize local agencies to make disclosures of public records by posting the public records on their Internet Web sites, thus making public record disclosures by local agencies more quickly and cost effectively, this act furthers the purpose of Section 3 of Article I of the California Constitution.","title":""}
{"_id":"c12","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\n(a) The Legislature finds and declares all of the following:\n(1) Voting, especially at the local level, is the cornerstone of democracy. However, voter turnout has declined consistently in recent decades. In the most recent general election conducted in November 2014, voter turnout was only 42 percent of eligible voters, representing a historic low.\n(2) Research shows that early voting experiences are important determinants of future voting behavior. The formation of voting habits begins when individuals reach voting age and experience their first elections.\n(3) Local political decisions have great influence on the lives of 16 and 17 year olds. As such, 16 and 17 year olds deserve to vote, and research shows they are mature enough to do so.\n(4) Lowering the voting age for certain local elections will provide an opportunity to engage young voters on issues that directly affect them and will lead to increased voter turnout, thereby strengthening our democracy. As an example, Norway and Austria recently permitted 16 and 17 year olds to vote in certain elections and research shows that voter turnout for 16 and 17 year olds was much higher than older first-time voters.\n(5) Lowering the voting age will also increase the demand for better civics education in schools, thereby significantly increasing political engagement.\n(6) It is unclear whether existing state law permits charter cities to lower the voting age for local elections. Therefore, this bill seeks to provide legal certainty to those local governments considering this issue.\n(b) Therefore, it is the intent of the Legislature that:\n(1) Charter cities and charter cities and counties be permitted, and not required, to authorize 16 year olds to vote in school district governing board elections as a means of increasing voter turnout and civil participation.\n(2) This section does not create a state-mandated local program because any costs imposed by this act shall be paid for by the charter city or charter city and county or the school district.\nSEC. 2.\nSection 2000 of the Elections Code, as enacted by Section 2 of Chapter 920 of the Statutes of 1994, is amended to read:\n2000.\n(a) Every person who qualifies under Section 2 of Article II of the California Constitution and who complies with this code governing the registration of electors may vote at any election held within the territory within which he or she resides and the election is held.\n(b) Except as provided in subdivision (c), a person who will be at least 18 years of age at the time of the next election is eligible to register and vote at that election.\n(c) Pursuant to Section 9255, the governing body of a city or city and county may amend its charter to authorize a person who will be at least 16 years of age at the time of the next election to vote in a school district governing board election in which he or she would be qualified to vote based on residence. This subdivision only applies to elections for school district governing boards that are governed by a charter pursuant to Article 1 (commencing with Section 5200) of Chapter 2 of Part 4 of Division 1 of Title 1 of the Education Code.\n(1) The city or city and county shall prescribe the manner and method by which votes may be cast and counted pursuant to this subdivision, provided that all votes are cast no later than 8 p.m. on the day of the election.\n(2) If a city or city and county amends its charter as described in this subdivision, it shall enter into an agreement with the county elections official providing for payment by the city, city or county, or school district of all costs necessary to implement the charter amendment. Alternatively, the agreement may provide that the city, city or county, or school district shall perform any or all duties necessary to implement the charter amendment, unless prohibited by law. The agreement need not be entered into before the enactment of the charter amendment described in this subdivision.\n(3) A charter amendment adopted pursuant to this subdivision with an effective date on or after January 1, 2017, is valid regardless of the date the charter amendment was approved.\nSEC. 3.\nSection 2000 of the Elections Code, as amended by Section 1 of Chapter 728 of the Statutes of 2015, is amended to read:\n2000.\n(a) Every person who qualifies under Section 2 of Article II of the California Constitution and who complies with this code governing the registration of electors may vote at any election held within the territory within which he or she resides and the election is held.\n(b) Except as provided in subdivision (d), a person who will be at least 18 years of age at the time of the next election is eligible to register and vote at that election.\n(c) Pursuant to Section 2102, any person who is at least 16 years of age and otherwise meets all eligibility requirements to vote is eligible to preregister to vote, but is not eligible to vote until he or she is 18 years of age, except as provided in subdivision (d).\n(d) Pursuant to Section 9255, the governing body of a city or city and county may amend its charter to authorize a person who will be at least 16 years of age at the time of the next election to vote in a school district governing board election in which he or she would be qualified to vote based on residence. This subdivision only applies to elections for school district governing boards that are governed by a charter pursuant to Article 1 (commencing with Section 5200) of Chapter 2 of Part 4 of Division 1 of Title 1 of the Education Code.\n(1) The city or city and county shall prescribe the manner and method by which votes may be cast and counted pursuant to this subdivision, provided that all votes are cast no later than 8 p.m. on the day of the election.\n(2) If a city or city and county amends its charter as described in this subdivision, it shall enter into an agreement with the county elections official providing for payment by the city, city or county, or school district of all costs necessary to implement the charter amendment. Alternatively, the agreement may provide that the city, city or county, or school district shall perform any or all duties necessary to implement the charter amendment, unless prohibited by law. The agreement need not be entered into before the enactment of the charter amendment described in this subdivision.\n(3) A charter amendment adopted pursuant to this subdivision with an effective date of January 1, 2017, or later, shall be valid regardless of the date the charter amendment was approved.\nSEC. 4.\nSection 2101 of the Elections Code, as enacted by Section 2 of Chapter 920 of the Statutes of 1994, is amended to read:\n2101.\n(a) Except as provided in subdivision (b), a person entitled to register to vote shall be a United States citizen, a resident of California, not in prison or on parole for the conviction of a felony, and at least 18 years of age at the time of the next election.\n(b) If a city or city and county amends its charter to authorize a person who is at least 16 years of age at the time of the next election to vote in a school district governing board election pursuant to Section 2000, that person may register to vote for the limited purpose of voting in a school district governing board election if he or she otherwise meets the requirements set forth in subdivision (a).\nSEC. 5.\nSection 2101 of the Elections Code, as amended by Section 2 of Chapter 728 of the Statutes of 2015, is amended to read:\n2101.\n(a) Except as provided in subdivision (c), a person entitled to register to vote shall be a United States citizen, a resident of California, not imprisoned or on parole for the conviction of a felony, and at least 18 years of age at the time of the next election.\n(b) A person entitled to preregister to vote in an election shall be a United States citizen, a resident of California, not imprisoned or on parole for the conviction of a felony, and at least 16 years of age.\n(c) If a city or city and county amends its charter to authorize a person who is at least 16 years of age at the time of the next election to vote in a school district governing board election pursuant to Section 2000, that person may register to vote for the limited purpose of voting in a school district governing board election if he or she otherwise meets the requirements set forth in subdivision (a).\nSEC. 6.\nSections 3 and 5 shall become operative only if the Secretary of State certifies that the 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.).","title":""}
{"_id":"c40","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nChapter 10.7 (commencing with Section 4650) is added to Division 2 of the Business and Professions Code, to read:\nCHAPTER  10.7. Music Therapy\n4650.\nThis chapter shall be known, and may be cited, as the Music Therapy Act.\n4651.\nThe Legislature finds and declares the following:\n(a) Existing national certification of music therapist requires the therapist to have graduated with a bachelor\u2019s degree or its equivalent, or higher, from a music therapy degree program approved by the American Music Therapy Association (AMTA), successful completion of a minimum of 1,200 hours of supervised clinical work through preinternship training at an approved degree program, and internship training through approved national roster or university affiliated internship programs, or an equivalent.\n(b) Upon successful completion of the AMTA academic and clinical training requirements or its international equivalent, an individual is eligible to sit for the national board certification exam administered by the Certification Board for Music Therapists (CBMT), an independent, nonprofit corporation fully accredited by the National Commission for Certifying Agencies.\n(c) The CBMT grants the Music Therapist-Board Certified (MT-BC) credential to music therapists who have demonstrated the knowledge, skills, and abilities for competence in the current practice of music therapy. The purpose of board certification in music therapy is to provide an objective national standard that can be used as a measure of professionalism and competence by interested agencies, groups, and individuals.\n(d) The MT-BC is awarded by the CBMT to an individual upon successful completion of an academic and clinical training program approved by the AMTA or an international equivalent and successful completion of an objective written examination demonstrating current competency in the profession of music therapy. The CBMT administers this examination, which is based on a nationwide music therapy practice analysis that is reviewed and updated every five years to reflect current clinical practice.\n(e) Once certified, a music therapist must adhere to the CBMT Code of Professional Practice and recertify every five years through either a program of continuing education or reexamination.\n4652.\nIt is the intent of the Legislature that this chapter do the following:\n(a) Provide a statutory definition of music therapy.\n(b) Enable consumers and state and local agencies to more easily identify qualified music therapists.\n4653.\nAs used in this chapter:\n(a) \u201cMusic therapy\u201d means the clinical and evidence-based use of music therapy interventions in developmental, rehabilitative, habilitative, medical, mental health, preventive, wellness care, or educational settings to address physical, emotional, cognitive, and social needs of individuals within a therapeutic relationship. Music therapy includes the following:\n(1) The development of music therapy treatment plans specific to the needs and strengths of the client who may be seen individually or in groups.\n(2) Music therapy plans shall establish goals, objectives, and potential strategies of the music therapy services appropriate for the client and setting.\n(b) \u201cMusic therapy interventions\u201d include, but are not limited to, music improvisation, receptive music listening, song writing, lyric discussion, music and imagery, singing, music performance, learning through music, music combined with other arts, music-assisted relaxation, music-based patient education, electronic music technology, adapted music intervention, and movement to music.\n4654.\nAn individual who provides music therapy shall not refer to himself or herself using the title of \u201cBoard Certified Music Therapist\u201d unless the individual has completed all of the following:\n(a) A bachelors degree or its equivalent, or higher, from a music therapy degree program approved by the American Music Therapy Association using current standards, beginning with those adopted on April 1, 2015.\n(b) A minimum of 1,200 hours of supervised clinical work through preinternship training at an approved degree program and internship training through an approved national roster or university affiliated internship program, or the equivalent.\n(c) The current requirements for certification, beginning with those adopted on April 1, 2015, established by the CBMT for the MT-BC credential.\n4655.\nThis chapter shall not be construed to authorize a person engaged in music therapy to state or imply that he or she provides mental health counseling, psychotherapy, or occupational therapy for which a license is required under this division. While the use of music is not restricted to any profession, the use of music shall not imply or suggest that the person is a Board Certified Music Therapist, if he or she does not meet the criteria specified in Section 4654.\n4656.\nIt is an unfair business practice within the meaning of Chapter 5 (commencing with Section 17200) of Part 2 of Division 7, for a person to use the title \u201cBoard Certified Music Therapist\u201d if he or she does not meet the requirements of Section 4654.","title":""}
{"_id":"c59","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nIt 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\u201312 education system by strategically using state and federal funds, and engaging all early care and education stakeholders, including K\u201312 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.\nSEC. 2.\nArticle 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:\nArticle  15.1. Individualized County of Santa Clara Child Care Subsidy Plan\n8332.\nThe 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.\n8332.1.\nFor purposes of this article, \u201ccounty\u201d means the County of Santa Clara.\n8332.2.\n(a) For purposes of this article, \u201cplan\u201d 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:\n(1) An assessment to identify the county\u2019s 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\u2019s child care goals coincide with the state\u2019s requirements for funding, eligibility, priority, and reimbursement. The assessment shall also identify barriers in the state\u2019s 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:\n(A) The general demographics of families who are in need of child care, including employment, income, language, ethnic, and family composition.\n(B) The current supply of available subsidized child care.\n(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.\n(D) The county\u2019s self-sufficiency income level.\n(E) Income eligibility levels for subsidized child care.\n(F) Family fees.\n(G) The cost of providing child care.\n(H) The regional market rates, as established by the department, for different types of child care.\n(I) The standard reimbursement rate or state per diem for centers operating under contracts with the department.\n(J) Trends in the county\u2019s unemployment rate and housing affordability index.\n(2) (A) Development of a local policy to eliminate state-imposed regulatory barriers to the county\u2019s achievement of its desired outcomes for subsidized child care.\n(B) The local policy shall do all of the following:\n(i) Prioritize lowest income families first.\n(ii) Follow the family fee schedule established pursuant to Section 8273 for those families that are income eligible, as defined by Section 8263.1.\n(iii) Meet local goals that are consistent with the state\u2019s child care goals.\n(iv) Identify existing policies that would be affected by the county\u2019s plan.\n(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.\n(II) The department shall approve an application to amend an existing contract if the plan is modified pursuant to Section 8332.3.\n(III) The contract of a department contractor who does not elect to request an amendment to its contract remains operative and enforceable.\n(C) The local policy may supersede state law concerning child care subsidy programs with regard only to the following factors:\n(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.\n(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.\n(iii) Reimbursement rates.\n(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.\n(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\u2019s plan.\n(4) Establishment of measurable outcomes to evaluate the success of the plan to achieve the county\u2019s child care goals, and to overcome any barriers identified in the state\u2019s child care subsidy system.\n(b) Nothing in this section shall be construed to permit the county to change the regional market rate survey results for the county.\n8332.3.\n(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.\n(b) Within 30 days of receiving the plan, the Early Education and Support Division shall review and either approve or disapprove the plan.\n(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.\n(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.\n8332.4.\nThe 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\u201316 fiscal year.\n8332.5.\n(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\u2019s plan, and the county\u2019s ability to maximize the use of funds and to improve and stabilize child care in the county.\n(b) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.\n8332.6.\nA 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.\n8332.7.\nThis 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.\nSEC. 3.\nThe 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.","title":""}
{"_id":"c341","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 5273.1 is added to the Business and Professions Code, to read:\n5273.1.\n(a) Notwithstanding Section 5273 and the dissolution of a state redevelopment agency, and subject to subdivision (b), for purposes of this section, an advertising display location that advertised businesses and activities within the boundary limits of the City of Inglewood may continue to exist and advertise businesses or activities operating outside the redevelopment project area. It shall be considered an on-premises display, as defined in Section 5490, if the advertising display meets all of the following conditions:\n(1) The advertising display is located within the boundary limits of the City of Inglewood.\n(2) The advertising display was constructed on or before January 1, 2012.\n(3) The advertising display is adjacent to Interstate 405 and located at either postmile 22.36L or 22.38L north of Century Boulevard.\n(4) The advertising display does not cause the reduction of federal aid highway funds provided pursuant to Section 131 of Title 23 of the United States Code. If an advertising display authorized under this section is subject to a notice from the United States Department of Transportation, the Federal Highway Administration, or any other applicable federal agency to the state that the operation of that display will result in the reduction of federal aid highway funds as provided in Section 131 of Title 23 of the United States Code, the display owner or operator shall remove all advertising copy from the display within 60 days after the date the state notifies the owner or operator, and the City of Inglewood, by certified mail, of the receipt of the federal notice. Failure to remove the advertising copy pursuant to this paragraph shall result in a civil fine, imposed by the California Department of Transportation, of ten thousand dollars ($10,000) per day until the advertising copy is removed. The department shall not assume any liability in connection with the cessation of operation or removal of an advertising display or advertising copy pursuant to this paragraph. If the name of the owner or operator of the display is not indicated on the display, the state is only required to send the notice to the City of Inglewood.\n(b) An advertising display described in subdivision (a) may remain until January 1, 2023, after which date the display shall be removed, unless it otherwise qualifies as a lawful advertising display pursuant to this section, without the payment of any compensation to the owner or operator. On and after January 1, 2022, the City of Inglewood may for good cause request from the department an extension beyond January 1, 2023, not to exceed the expiration of the redevelopment project area. \u201cGood cause\u201d for these purposes means that all of the following are satisfied: (1) there has been a finding by the City of Inglewood that the advertising display has had a positive economic impact on the redevelopment project area and provides a public benefit, (2) there have been no violations by the display owner or operator of this section or of any applicable illumination standards in the previous 10 years that have not been corrected within 30 days of the date of mailing of a violation notice to the owner or operator by the department, and (3) there has been compliance by the owner and operator with all other standards adopted by the City of Inglewood or by the department.\n(c) The City of Inglewood shall be responsible for ensuring that an advertising display is consistent with this section and provides a public benefit. This provision shall not be construed to preclude any enforcement authority of the department under this chapter.\n(d) The City of Inglewood shall annually certify to the department, by December 31 of each year, that at least 10 percent of the advertising copy, up to a maximum of 100 square feet, is used to display the address or location or locations of the business or activity or to identify the route to the business or activity from the nearest freeway offramp. The department may independently review compliance with this certification. An advertising display subject to this section shall be removed if it is in violation of this section more than three times within a 10-year period and the violation has not been corrected within 30 days of the date of mailing of a violation notice to the owner or operator by the department.\n(e) The City of Inglewood shall have primary responsibility for ensuring that the advertising display authorized pursuant to this section remains in conformance with all of the provisions of this section. If the City of Inglewood fails to do so within 30 days of the date of mailing of a notice to the city by the department, the city shall hold the department harmless and indemnify the department for all costs incurred by the department to ensure compliance with this section or to defend actions challenging the authorization of displays pursuant to this section.\nSEC. 2.\nIf 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.\nSEC. 3.\nDue to unique circumstances concerning the location of the advertising displays, or proposed advertising displays, set forth in this act and the need for advertising in that location, it is necessary that an exemption from some of the provisions of the Outdoor Advertising Act be provided for those displays, and the Legislature finds and declares that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution.","title":""}
{"_id":"c7","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\n(a) The Legislature finds and declares all of the following:\n(1) All pupils deserve and need safe and supportive school environments in which to learn.\n(2) Pupils who are Muslim, Sikh, or of South Asian descent often face verbal, physical, or online harassment, all of which have significant effects on their academic achievement and mental health.\n(3) Recent reports indicate that more than half of Muslim and Sikh pupils in California report that they have faced verbal threats or insults, cyberbullying, or physical assaults.\n(4) The federal government has recognized the harm that is caused by such bullying, and has called upon Muslim parents to contact the United States Department of Justice or the United States Department of Education if their children are bullied at school. The White House has initiated the Asian American and Pacific Islander Bullying Prevention Task Force in response to concerns about the bullying of Muslim, Sikh, and Asian American pupils.\n(5) Multiple studies demonstrate that pupils who face bullying suffer academically. Bullying is also linked to negative outcomes, including impacts on mental health, substance use, and suicide.\n(6) Research demonstrates that Muslim, Sikh, and other pupils who face hate-based bias and bullying in school do not report these incidents to school staff, primarily because they believe that school staff are not trained to address these issues.\n(7) Creating supportive learning environments improves pupil performance.\n(8) The United States Department of Education provides numerous resources for schools to support pupils who are facing bullying due to their religion, race, or national origin. These resources were highlighted in an open letter dated December 31, 2015, and sent by the United States Secretary of Education to education administrators throughout the nation.\n(b) The Legislature therefore encourages school districts, county offices of education, and charter schools to provide information on existing schoolsite and community resources to educate teachers, administrators, and other school staff on the support of Muslim, Sikh, and other pupils who may face anti-Muslim bias and bullying, as required by subdivision (d) of Section 234.1 of the Education Code.\nSEC. 2.\nSection 234.1 of the Education Code is amended to read:\n234.1.\nThe department, pursuant to subdivision (b) of Section 64001, shall monitor adherence to the requirements of Chapter 5.3 (commencing with Section 4900) of Division 1 of Title 5 of the California Code of Regulations and this chapter as part of its regular monitoring and review of local educational agencies, commonly known as the Categorical Program Monitoring process. The department shall assess whether local educational agencies have done all of the following:\n(a) Adopted a policy that prohibits discrimination, harassment, intimidation, and bullying based on the actual or perceived characteristics set forth in Section 422.55 of the Penal Code and Section 220 of this code, and disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or association with a person or group with one or more of these actual or perceived characteristics. The policy shall include a statement that the policy applies to all acts related to school activity or school attendance occurring within a school under the jurisdiction of the superintendent of the school district.\n(b) Adopted a process for receiving and investigating complaints of discrimination, harassment, intimidation, and bullying based on any of the actual or perceived characteristics set forth in Section 422.55 of the Penal Code and Section 220 of this code, and disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or association with a person or group with one or more of these actual or perceived characteristics. The complaint process shall include, but not be limited to, all of the following:\n(1) A requirement that, if school personnel witness an act of discrimination, harassment, intimidation, or bullying, they shall take immediate steps to intervene when safe to do so.\n(2) A timeline to investigate and resolve complaints of discrimination, harassment, intimidation, or bullying that shall be followed by all schools under the jurisdiction of the school district.\n(3) An appeal process afforded to the complainant should he or she disagree with the resolution of a complaint filed pursuant to this section.\n(4) All forms developed pursuant to this process shall be translated pursuant to Section 48985.\n(c) Publicized antidiscrimination, anti-harassment, anti-intimidation, and antibullying policies adopted pursuant to subdivision (a), including information about the manner in which to file a complaint, to pupils, parents, employees, agents of the governing board, and the general public. The information shall be translated pursuant to Section 48985.\n(d) (1) Provided, incident to the publicizing described in subdivision (c), to certificated schoolsite employees who serve pupils in any of grades 7 to 12, inclusive, who are employed by the local educational agency, information on existing schoolsite and community resources related to the support of lesbian, gay, bisexual, transgender, and questioning (LGBTQ) pupils, or related to the support of pupils who may face bias or bullying on the basis of religious affiliation, or perceived religious affiliation.\n(2) As used in this subdivision, both of the following apply:\n(A) Schoolsite resources may include, but are not limited to, peer support or affinity clubs and organizations, safe spaces for LGBTQ or other at-risk pupils, counseling services, staff who have received antibias or other training aimed at supporting these pupils or who serve as designated support to these pupils, health and other curriculum materials that are inclusive of, and relevant to, these pupils, online training developed pursuant to Section 32283.5, and other policies adopted pursuant to this article, including related complaint procedures.\n(B) Community resources may include, but are not limited to, community-based organizations that provide support to LGBTQ or other at-risk pupils and their families, and physical and mental health providers with experience or training in treating or supporting these pupils.\n(e) Posted the policy established pursuant to subdivision (a) in all schools and offices, including staff lounges and pupil government meeting rooms.\n(f) Maintained documentation of complaints and their resolution for a minimum of one review cycle.\n(g) Ensured that complainants are protected from retaliation and that the identity of a complainant alleging discrimination, harassment, intimidation, or bullying remains confidential, as appropriate.\n(h) Identified a responsible local educational agency officer for ensuring school district or county office of education compliance with the requirements of Chapter 5.3 (commencing with Section 4900) of Division 1 of Title 5 of the California Code of Regulations and this chapter.\n(i) Nothing in this section shall be construed to require school employees to engage with religious institutions in the course of identifying community support resources pursuant to this section.\nSEC. 3.\nSection 234.5 of the Education Code is amended to read:\n234.5.\n(a) The Superintendent shall post, and annually update, on the department\u2019s Internet Web site and provide to each school district a list of statewide resources, including community-based organizations, that provide support to youth, and their families, who have been subjected to school-based discrimination, harassment, intimidation, or bullying, including school-based discrimination, harassment, intimidation, or bullying on the basis of religious affiliation, nationality, race, or ethnicity, or perceived religious affiliation, nationality, race, or ethnicity.\n(b) The department\u2019s Internet Web site shall also include a list of statewide resources for youth who have been affected by gangs, gun violence, and psychological trauma caused by violence at home, at school, and in the community.","title":""}
{"_id":"c238","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 23355.3 is added to the Business and Professions Code, to read:\n23355.3.\n(a) A licensee may sponsor or otherwise participate in an event conducted by, and for the benefit of, a nonprofit organization in which retail and nonretail licensees are involved as sponsors or participants, subject to all of the following conditions:\n(1) Except as otherwise provided in this section, any payment of money or other consideration for sponsorship or participation in the event shall be made only to the nonprofit organization conducting the event.\n(2) Except as otherwise provided in this section, a nonretail licensee shall not, directly or indirectly, pay money or provide any other thing of value to a permanent retail licensee that is also a sponsor of, or participant in, the event.\n(3) A nonretail licensee may donate alcoholic beverages to a nonprofit only as otherwise authorized by Section 25503.9.\n(4) Except as otherwise provided by this division, a retail licensee shall not give, sell, or furnish any alcoholic beverages to the temporary licensee.\n(5) A nonretail or retail licensee may choose to participate in any level of sponsorship, including at the name or principal sponsor level. A nonprofit organization may choose to have one, or multiple, name or principal sponsors.\n(6) (A) A nonretail licensee may advertise or communicate sponsorship or participation in the event. This advertising or communication may include, but is not limited to, initiating, sharing, reposting, or otherwise forwarding a social media post by a permanent retail licensee or a nonretail licensee if the advertisement or communication does not contain the retail price of any alcoholic beverage or otherwise promotes a retail licensee beyond its sponsorship or participation in the event.\n(B) A nonretail licensee shall not pay or reimburse a permanent licensee, directly or indirectly, for any advertising services, including by way of social media. Except as otherwise permitted by this section, a permanent retail licensee shall not accept any payment or reimbursement, directly or indirectly, for any advertising services offered by a nonretail licensee.\n(C) For the purposes of this subdivision, \u201csocial media\u201d means a service, platform, application, or site where users communicate and share media, such as pictures, videos, music, and blogs, with other users.\n(7) A nonretail licensee shall not require, directly or indirectly, as a condition of sponsorship or participation in any event under this section, that its products be sold or served exclusively at the event. A retail licensee shall not receive, directly or indirectly, any advertising, sale, or promotional benefit from any permanent retail licensee in connection with the sponsorship or participation. A permanent retail licensee shall not offer or provide a nonretail licensee any advertising, sale, or promotional benefit in connection with the sponsorship or participation.\n(b) This section does not authorize a nonretail licensee to pay, in whole or in part, any costs, including the cost of sponsorship, of any retail licensee that is sponsoring or participating in a nonprofit event.\n(c) A licensee that sponsors or participates in a nonprofit event under this section shall keep detailed records of its sponsorship or participation and shall maintain those records for a period of at least three years. These records shall be provided to the department upon request.\n(d) Nothing in this section shall be deemed to exempt the nonprofit organization from obtaining any licenses or permits as may be required to conduct the event.\nSEC. 2.\nSection 23399.65 is added to the Business and Professions Code, to read:\n23399.65.\n(a) A licensed beer manufacturer may apply to the department for a brewery event permit. A brewery event permit shall authorize the sale of beer produced by the licensee pursuant to Section 23357 for consumption on property contiguous and adjacent to the licensed premises owned or under the control of the licensee. The property shall be secured and controlled by the licensee.\n(b) (1) The fee for a brewery event permit for a licensed beer manufacturer shall be one hundred ten dollars ($110) for a permit issued during the 2016 calendar year, and for a permit issued during the years thereafter, the annual fee shall be calculated pursuant to subdivisions (b) and (c) of Section 23320. The permit may be renewed annually at the same time as the licensee\u2019s license. A brewery event permit shall be transferable as a part of the license.\n(2) For each brewery event, consent for the sale of beer pursuant to subdivision (a) at the brewery event shall be first obtained by the licensee from the department in the form of an event authorization issued by the department. An event authorization shall be subject to approval by the appropriate local law enforcement agency. The fee for each event authorization shall not exceed twenty-five dollars ($25). The number of events authorized by a brewery event permit shall not exceed four in any calendar year.\n(3) All moneys collected as fees pursuant to this subdivision shall be deposited in the Alcohol Beverage Control Fund, as described in Section 25761, for allocation, upon appropriation by the Legislature, as provided in subdivision (d) of that section.\n(c) At all approved events, the licensee may exercise only those privileges authorized by the licensee\u2019s license and shall comply with all provisions of the act pertaining to the conduct of on-sale premises, and violation of those provisions may be grounds for suspension or revocation of the licensee\u2019s license or permit, or both, as though the violation occurred on the licensed premises.\n(d) The department may adopt any regulations it determines to be necessary for the administration of this section.\nSEC. 3.\nSection 23402.5 is added to the Business and Professions Code, to read:\n23402.5.\n(a) A retail licensee shall not sell or offer for sale any beer that is purchased from a beer manufacturer at the beer manufacturer\u2019s licensed premises under any of the following circumstances:\n(1) The beer manufacturer from which the beer is purchased has not filed a price schedule pursuant to Chapter 12 (commencing with Section 25000) for the sale of that beer in the county in which the retail licensee\u2019s premises at which the beer is being sold or offered for sale is located.\n(2) The price at which the retailer purchases the beer is different from the price in the price schedule filed by the beer manufacturer pursuant to Chapter 12 (commencing with Section 25000) from which the beer is purchased.\n(3) The beer container contains the statement or is marked \u201cNot Packaged for Resale\u201d.\n(b) Nothing in this section creates any exception to the requirements of Chapter 12 (commencing with Section 25000).\nSEC. 4.\nSection 25500 of the Business and Professions Code is amended to read:\n25500.\n(a) No manufacturer, winegrower, manufacturer\u2019s agent, rectifier, California winegrower\u2019s agent, distiller, bottler, importer, or wholesaler, or any officer, director, or agent of any such person shall:\n(1) Hold the ownership, directly or indirectly, of any interest in any on-sale license.\n(2) Furnish, give, or lend any money or other thing of value, directly or indirectly, to, or guarantee the repayment of any loan or the fulfillment of any financial obligation of, any person engaged in operating, owning, or maintaining any on-sale premises where alcoholic beverages are sold for consumption on the premises.\n(3) Own any interest, directly or indirectly, in the business, furniture, fixtures, refrigeration equipment, signs, except signs for interior use mentioned in subdivision (g) of Section 25503, or lease in or of any premises operated or maintained under any on-sale license for the sale of alcoholic beverages for consumption on the premises where sold; or own any interest, directly or indirectly, in realty acquired after June 13, 1935, upon which on-sale premises are maintained unless the holding of the interest is permitted in accordance with rules of the department.\n(b) This section does not apply to the holding by one person of a wholesaler\u2019s license and an on-sale license in counties not to exceed 15,000 population.\n(c) This section does not apply to the financial or representative relationship between a manufacturer, winegrower, manufacturer\u2019s agent, rectifier, California winegrower\u2019s agent, distiller, bottler, importer, or wholesaler, or any officer, director, or agent of such person, and a person holding only one of the following types of licenses:\n(1) On-sale general license for a bona fide club.\n(2) Club license issued under Article 4 (commencing with Section 23425) of Chapter 3.\n(3) Veterans\u2019 club license issued under Article 5 (commencing with Section 23450) of Chapter 3.\n(4) On-sale license for boats, trains, sleeping cars, or airplanes where the alcoholic beverages produced or sold by the manufacturer, winegrower, manufacturer\u2019s agent, rectifier, California winegrower\u2019s agent, bottler, importer, or wholesaler or any officer, director, or agent of the person are not sold, furnished, or given, directly or indirectly to the on-sale licensee.\n(d) This section does not apply to an employee of a licensee referred to in subdivision (a) who is a nonadministrative and nonsupervisorial employee.\n(e) Notwithstanding any other provision of this division or regulation of the department, this section does not apply to an employee of a licensee referred to in subdivision (a) who is the spouse of an on-sale licensee, so long as the on-sale licensee does not purchase, offer for sale, or promote, regardless of source, any of the brands of alcoholic beverages that are produced, bottled, processed, imported, rectified, distributed, represented, or sold by any licensee referred to in subdivision (a) that employs the spouse of the on-sale licensee.\n(f) (1) Nothing in this division prohibits the holder of any retail on-sale or off-sale license from purchasing advertising in any publication published by a nonretail licensee.\n(2) For purposes of this subdivision:\n(A) \u201cNonretail licensee\u201d means any manufacturer, winegrower, manufacturer\u2019s agent, rectifier, California winegrower\u2019s agent, distiller, bottler, importer, or wholesaler, or any person who does not directly or indirectly hold the ownership of any interest in a retail license.\n(B) \u201cPublication published by a nonretail licensee\u201d includes Internet Web sites and social media feeds operated and maintained by or for a nonretail licensee under an account or Internet Web site address owned by the nonretail licensee.\nSEC. 5.\nSection 25666 of the Business and Professions Code is amended to read:\n25666.\n(a) In any hearing on an accusation charging a licensee with a violation of Sections 25658, 25663, and 25665, the department shall produce the alleged minor for examination at the hearing unless he or she is unavailable as a witness because he or she is dead or unable to attend the hearing because of a then-existing physical or mental illness or infirmity, or unless the licensee has waived, in writing, the appearance of the minor. When a minor is absent because of a then-existing physical or mental illness or infirmity, a reasonable continuance shall be granted to allow for the appearance of the minor if the administrative law judge finds that it is reasonably likely that the minor can be produced within a reasonable amount of time.\n(b) (1) Nothing in this section shall prevent the department from taking testimony of the minor as provided in Section 11511 of the Government Code.\n(2) This section is not intended to preclude the continuance of a hearing because of the unavailability of a minor for any other reason pursuant to Section 11524 of the Government Code.\nSEC. 6.\nNo reimbursement is required by this act pursuant to Section 6 of Article XIII\u2009B 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\u2009B of the California Constitution.","title":""}
{"_id":"c50","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nChapter 6 (commencing with Section 8390) is added to Division 4.1 of the Public Utilities Code, to read:\nCHAPTER  6. Energy Efficiency Programs and Demand Response\n8390.\n(a) An electrical or gas corporation shall require recipients of rebates or incentives from residential or commercial energy efficiency or weatherization programs of the electrical or gas corporation, not including programs for appliance replacement, to install demand response infrastructure on the property for which the rebates or incentives are provided.\n(b) A local publicly owned electric or gas utility shall require recipients of rebates or incentives from residential or commercial energy efficiency or weatherization programs of the utility, not including programs for appliance replacement, to install demand response infrastructure on the property for which the rebates or incentives are provided.\nSECTION 1.\nSection 399.20 of the\nPublic Utilities Code\nis amended to read:\n399.20.\n(a)It is the policy of this state and the intent of the Legislature to encourage electrical generation from eligible renewable energy resources, including renewable energy resources that can be used to meet peak demand.\n(b)As used in this section, \u201celectric generation facility\u201d means an electric generation facility located within the service territory of, and developed to sell electricity to, an electrical corporation that meets all of the following criteria:\n(1)Has an effective capacity of not more than three megawatts.\n(2)Is interconnected and operates in parallel with the electrical transmission and distribution grid.\n(3)Is strategically located and interconnected to the electrical transmission and distribution grid in a manner that optimizes the deliverability of electricity generated at the facility to load centers.\n(4)Is an eligible renewable energy resource.\n(c)An electrical corporation shall file with the commission a standard tariff for electricity purchased from an electric generation facility. The commission may modify or adjust the requirements of this section for an electrical corporation with less than 100,000 service connections, as individual circumstances merit.\n(d)(1)The tariff shall provide for payment for every kilowatthour of electricity purchased from an electric generation facility for a period of 10, 15, or 20 years, as authorized by the commission. The payment shall be the market price determined by the commission pursuant to paragraph (2) and shall include all current and anticipated environmental compliance costs, including, but not limited to, mitigation of emissions of greenhouse gases and air pollution offsets associated with the operation of new generating facilities in the local air pollution control or air quality management district where the electric generation facility is located.\n(2)The commission shall establish a methodology to determine the market price of electricity for terms corresponding to the length of contracts with an electric generation facility, in consideration of the following:\n(A)The long-term market price of electricity for fixed price contracts, determined pursuant to an electrical corporation\u2019s general procurement activities, as authorized by the commission.\n(B)The long-term ownership, operating, and fixed-price fuel costs associated with fixed-price electricity from new generating facilities.\n(C)The value of different electricity products including baseload, peaking, and as-available electricity.\n(3)The commission may adjust the payment rate to reflect the value of every kilowatthour of electricity generated on a time-of-delivery basis.\n(4)The commission shall ensure, with respect to rates and charges, that ratepayers that do not receive service pursuant to the tariff are indifferent to whether a ratepayer with an electric generation facility receives service pursuant to the tariff.\n(e)An electrical corporation shall provide expedited interconnection procedures to an electric generation facility located on a distribution circuit that generates electricity at a time and in a manner so as to offset the peak demand on the distribution circuit, if the electrical corporation determines that the electric generation facility will not adversely affect the distribution grid. The commission shall consider, and may establish, a value for an electric generation facility located on a distribution circuit that generates electricity at a time and in a manner so as to offset the peak demand on the distribution circuit.\n(f)(1)An electrical corporation shall make the tariff available to the owner or operator of an electric generation facility within the service territory of the electrical corporation, upon request, on a first-come-first-served basis, until the electrical corporation meets its proportionate share of a statewide cap of 750 megawatts cumulative rated generation capacity served under this section and Section 399.32. The proportionate share shall be calculated based on the ratio of the electrical corporation\u2019s peak demand compared to the total statewide peak demand.\n(2)By June 1, 2013, the commission shall, in addition to the 750 megawatts identified in paragraph (1), direct the electrical corporations to collectively procure at least 250 megawatts of cumulative rated generating capacity from developers of bioenergy projects that commence operation on or after June 1, 2013. The commission shall, for each electrical corporation, allocate shares of the additional 250 megawatts based on the ratio of each electrical corporation\u2019s peak demand compared to the total statewide peak demand. In implementing this paragraph, the commission shall do all of the following:\n(A)Allocate the 250 megawatts identified in this paragraph among the electrical corporations based on the following categories:\n(i)For biogas from wastewater treatment, municipal organic waste diversion, food processing, and codigestion, 110 megawatts.\n(ii)For dairy and other agricultural bioenergy, 90 megawatts.\n(iii)For bioenergy using byproducts of sustainable forest management, 50 megawatts. Allocations under this category shall be determined based on the proportion of bioenergy that sustainable forest management providers derive from sustainable forest management in fire threat treatment areas, as designated by the Department of Forestry and Fire Protection.\n(B)Direct the electrical corporations to develop standard contract terms and conditions that reflect the operational characteristics of the projects, and to provide a streamlined contracting process.\n(C)Coordinate, to the maximum extent feasible, any incentive or subsidy programs for bioenergy with the agencies listed in subparagraph (A) of paragraph (3) to provide maximum benefits to ratepayers and to ensure that incentives are used to reduce contract prices.\n(D)The commission shall encourage gas and electrical corporations to develop and offer programs and services to facilitate development of in-state biogas for a broad range of purposes.\n(3)(A)The commission, in consultation with the Energy Commission, the State Air Resources Board, the Department of Forestry and Fire Protection, the Department of Food and Agriculture, and the Department of Resources Recycling and Recovery, may review the allocations of the 250 additional megawatts identified in paragraph (2) to determine if those allocations are appropriate.\n(B)If the commission finds that the allocations of the 250 additional megawatts identified in paragraph (2) are not appropriate, the commission may reallocate the 250 megawatts among the categories established in subparagraph (A) of paragraph (2).\n(4)For purposes of this subdivision, \u201cbioenergy\u201d means biogas and biomass.\n(g)The electrical corporation may make the terms of the tariff available to owners and operators of an electric generation facility in the form of a standard contract subject to commission approval.\n(h)Every kilowatthour of electricity purchased from an electric generation facility shall count toward meeting the electrical corporation\u2019s renewables portfolio standard annual procurement targets for purposes of paragraph (1) of subdivision (b) of Section 399.15.\n(i)The physical generating capacity of an electric generation facility shall count toward the electrical corporation\u2019s resource adequacy requirement for purposes of Section 380.\n(j)(1)The commission shall establish performance standards for any electric generation facility that has a capacity greater than one megawatt to ensure that those facilities are constructed, operated, and maintained to generate the expected annual net production of electricity and do not impact system reliability.\n(2)The commission may reduce the three megawatt capacity limitation of paragraph (1) of subdivision (b) if the commission finds that a reduced capacity limitation is necessary to maintain system reliability within that electrical corporation\u2019s service territory.\n(k)(1)An owner or operator of an electric generation facility that received ratepayer-funded incentives in accordance with Section 379.6 of this code, or with Section 25782 of the Public Resources Code, and participated in a net metering program pursuant to Sections 2827 and 2827.10 of, and former Section 2827.9 of, this code before January 1, 2010, shall be eligible for a tariff or standard contract filed by an electrical corporation pursuant to this section.\n(2)In establishing the tariffs or standard contracts pursuant to this section, the commission shall consider ratepayer-funded incentive payments previously received by the generation facility pursuant to Section 379.6 of this code or Section 25782 of the Public Resources Code. The commission shall require reimbursement of any funds received from these incentive programs to an electric generation facility, in order for that facility to be eligible for a tariff or standard contract filed by an electrical corporation pursuant to this section, unless the commission determines ratepayers have received sufficient value from the incentives provided to the facility based on how long the project has been in operation and the amount of renewable electricity previously generated by the facility.\n(3)A customer that receives service under a tariff or contract approved by the commission pursuant to this section is not eligible to participate in a net metering program.\n(l)An owner or operator of an electric generation facility electing to receive service under a tariff or contract approved by the commission shall continue to receive service under the tariff or contract until either of the following occurs:\n(1)The owner or operator of an electric generation facility no longer meets the eligibility requirements for receiving service pursuant to the tariff or contract.\n(2)The period of service established by the commission pursuant to subdivision (d) is completed.\n(m)Within 10 days of receipt of a request for a tariff pursuant to this section from an owner or operator of an electric generation facility, the electrical corporation that receives the request shall post a copy of the request on its Internet Web site. The information posted on the Internet Web site shall include the name of the city in which the facility is located, but information that is proprietary and confidential, including, but not limited to, address information beyond the name of the city in which the facility is located, shall be redacted.\n(n)An electrical corporation may deny a tariff request pursuant to this section if the electrical corporation makes any of the following findings:\n(1)The electric generation facility does not meet the requirements of this section.\n(2)The transmission or distribution grid that would serve as the point of interconnection is inadequate.\n(3)The electric generation facility does not meet all applicable state and local laws and building standards and utility interconnection requirements.\n(4)The aggregate of all electric generating facilities on a distribution circuit would adversely impact utility operation and load restoration efforts of the distribution system.\n(o)Upon receiving a notice of denial from an electrical corporation, the owner or operator of the electric generation facility denied a tariff pursuant to this section shall have the right to appeal that decision to the commission.\n(p)To ensure the safety and reliability of electric generation facilities, the owner of an electric generation facility receiving a tariff pursuant to this section shall provide an inspection and maintenance report to the electrical corporation at least once every other year. The inspection and maintenance report shall be prepared at the owner\u2019s or operator\u2019s expense by a California-licensed contractor who is not the owner or operator of the electric generation facility. A California-licensed electrician shall perform the inspection of the electrical portion of the generation facility.\n(q)The contract between the electric generation facility receiving the tariff and the electrical corporation shall contain provisions that ensure that construction of the electric generating facility complies with all applicable state and local laws and building standards, and utility interconnection requirements.\n(r)(1)All construction and installation of facilities of the electrical corporation, including at the point of the output meter or at the transmission or distribution grid, shall be performed only by that electrical corporation.\n(2)All interconnection facilities installed on the electrical corporation\u2019s side of the transfer point for electricity between the electrical corporation and the electrical conductors of the electric generation facility shall be owned, operated, and maintained only by the electrical corporation. The ownership, installation, operation, reading, and testing of revenue metering equipment for electric generating facilities shall only be performed by the electrical corporation.","title":""}
{"_id":"c448","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nThe Legislature finds and declares all of the following:\n(a) Penalty assessments have been used to fund an increasing number of programs that should properly be funded by broad-based financing mechanisms.\n(b) The ever-increasing reliance on penalty assessments to fund core state programs is a regressive financing mechanism, and is particularly harmful to individuals who can least afford these assessments. High fines and assessments can perpetuate a cycle of poverty and inequality, given that individuals with lower incomes are more likely to miss payments and suffer the consequences.\n(c) It is in the state\u2019s interest to ensure funding for emergency medical air transportation is sufficient to maintain access to these critical services for Medi-Cal beneficiaries and all individuals in California.\n(d) Therefore, it is the intent of the Legislature to identify alternative funding sources for emergency medical air transportation and cease reliance on penalty assessment revenue to fund these services.\n(e) Accordingly, it is the intent of the Legislature to cease the collection of penalty assessments on January 1, 2018, pursuant to the Emergency Medical Air Transportation Act.\nSEC. 2.\nSection 76000.10 of the Government Code is amended to read:\n76000.10.\n(a) This section shall be known, and may be cited, as the Emergency Medical Air Transportation Act.\n(b) For purposes of this section:\n(1) \u201cDepartment\u201d means the State Department of Health Care Services.\n(2) \u201cDirector\u201d means the Director of Health Care Services.\n(3) \u201cProvider\u201d means a provider of emergency medical air transportation services.\n(4) \u201cRotary wing\u201d means a type of aircraft, commonly referred to as a helicopter, that generates lift through the use of wings, known as rotor blades, that revolve around a mast.\n(5) \u201cFixed wing\u201d means a type of aircraft, commonly referred to as an airplane, that generates lift through the use of the forward motion of the aircraft and wings that do not revolve around a mast but are fixed in relation to the fuselage of the aircraft.\n(6) \u201cAir mileage rate\u201d means the per-mileage reimbursement rate paid for services rendered by rotary-wing and fixed-wing providers.\n(c) (1) For purposes of implementing this section, a penalty of four dollars ($4) shall be imposed upon every conviction for a violation of the Vehicle Code or a local ordinance adopted pursuant to the Vehicle Code, except parking offenses subject to Article 3 (commencing with Section 40200) of Chapter 1 of Division 17 of the Vehicle Code.\n(2) The penalty described in this subdivision shall be in addition to the state penalty assessed pursuant to Section 1464 of the Penal Code. However, this penalty shall not be included in the base fine used to calculate the state penalty assessment pursuant to subdivision (a) of Section 1464 of the Penal Code, the state surcharge levied pursuant to Section 1465.7 of the Penal Code, and the state court construction penalty pursuant to Section 70372 of this code, and to calculate the other additional penalties levied pursuant to this chapter.\n(d) The county or the court that imposed the fine shall, in accordance with the procedures set out in Section 68101, transfer moneys collected pursuant to this section to the Treasurer for deposit into the Emergency Medical Air Transportation Act Fund, which is hereby established in the State Treasury. Notwithstanding Section 16305.7, the Emergency Medical Air Transportation Act Fund shall include interest and dividends earned on money in the fund.\n(e) (1) The Emergency Medical Air Transportation Act Fund shall be administered by the State Department of Health Care Services. Moneys in the Emergency Medical Air Transportation Act Fund shall be made available, upon appropriation by the Legislature, to the department to be used as follows:\n(A) For payment of the administrative costs of the department in administering this section.\n(B) Twenty percent of the fund remaining after payment of administrative costs pursuant to subparagraph (A) shall be used to offset the state portion of the Medi-Cal reimbursement rate for emergency medical air transportation services.\n(C) Eighty percent of the fund remaining after payment of administrative costs pursuant to subparagraph (A) shall be used to augment emergency medical air transportation reimbursement payments made through the Medi-Cal program, as set forth in paragraphs (2) and (3).\n(2) (A) The department shall seek to obtain federal matching funds by using the moneys in the Emergency Medical Air Transportation Act Fund for the purpose of augmenting Medi-Cal reimbursement paid to emergency medical air transportation providers.\n(B) The director shall do all of the following:\n(i) By March 1, 2011, meet with medical air transportation providers to determine the most appropriate methodology to distribute the funds for medical air services.\n(ii) Implement the methodology determined most appropriate in a timely manner.\n(iii) Develop the methodology in collaboration with the medical air providers.\n(iv) Submit any state plan amendments or waiver requests that may be necessary to implement this section.\n(v) Submit any state plan amendment or waiver request that may be necessary to implement this section.\n(vi) Seek federal approvals or waivers as may be necessary to implement this section and to obtain federal financial participation to the maximum extent possible for the payments under this section. If federal approvals are not received, moneys in the fund may be distributed pursuant to this section until federal approvals are received.\n(C) The director may give great weight to the needs of the emergency medical air services providers, as discussed through the development of the methodology.\n(3) (A) Upon appropriation by the Legislature, the department shall use moneys in the Emergency Medical Air Transportation Act Fund and any federal matching funds to increase the Medi-Cal reimbursement for emergency medical air transportation services in an amount not to exceed normal and customary charges charged by the providers.\n(B) Notwithstanding any other law, and pursuant to this section, the department shall increase the Medi-Cal reimbursement for emergency medical air transportation services if both of the following conditions are met:\n(i) Moneys in the Emergency Medical Air Transportation Act Fund will cover the cost of increased payments pursuant to subparagraph (A).\n(ii) The state does not incur any General Fund expense to pay for the Medi-Cal emergency medical air transportation services increase.\n(f) The assessment of penalties pursuant to this section shall terminate on January 1, 2018. Penalties assessed before January 1, 2018, shall continue to be collected, administered, and distributed pursuant to this section until exhausted or until June 30, 2019, whichever occurs first. On June 30, 2019, moneys remaining unexpended and unencumbered in the Emergency Medical Air Transportation Act Fund shall be transferred to the General Fund, to be available, upon appropriation by the Legislature, for the purposes of augmenting Medi-Cal reimbursement for emergency medical air transportation and related costs, generally.\n(g) Notwithstanding the rulemaking provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2, the department may implement, interpret, or make specific this section and any applicable federal waivers and state plan amendments by means of all-county letters, plan letters, plan or provider bulletins, or similar instructions without taking regulatory action.\n(h) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.\nSEC. 3.\nSection 10752 is added to the Welfare and Institutions Code, to read:\n10752.\nThe department shall, by March 1, 2017, in coordination with the Department of Finance, develop a funding plan that ensures adequate reimbursement to emergency medical air transportation providers following the termination of penalty assessments pursuant to subdivision (f) of Section 76000.10 of the Government Code on January 1, 2018.","title":""}
{"_id":"c254","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 2701 of the Business and Professions Code is amended to read:\n2701.\n(a) There is in the Department of Consumer Affairs the Board of Registered Nursing consisting of nine members.\n(b) For purposes of this chapter, \u201cboard,\u201d or \u201cthe board,\u201d refers to the Board of Registered Nursing. Any reference in state law to the Board of Nurse Examiners of the State of California or the California Board of Nursing Education and Nurse Registration shall be construed to refer to the Board of Registered Nursing.\n(c) The board shall have all authority vested in the previous board under this chapter. The board may enforce all disciplinary actions undertaken by the previous board.\n(d) 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. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.\nSEC. 2.\nSection 2708 of the Business and Professions Code is amended to read:\n2708.\n(a) The board shall appoint an executive officer who shall perform the duties delegated by the board and who shall be responsible to it for the accomplishment of those duties.\n(b) The executive officer shall be a nurse currently licensed under this chapter and shall possess other qualifications as determined by the board.\n(c) The executive officer shall not be a member of the board.\n(d) 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.\nSEC. 3.\nSection 2718 is added to the Business and Professions Code, to read:\n2718.\n(a) (1) By February 1, 2016, the board shall contract with the office to conduct a performance audit of the board\u2019s enforcement program. The board shall reimburse the office for the cost of the performance audit. The office shall report the results of the audit, with any recommendations, to the Governor, the department, and the appropriate policy committees of the Legislature by January 1, 2017.\n(2) The performance audit shall include, but not be limited to, an evaluation of all the following:\n(A) The quality and consistency of, and compliance with, complaint processing and investigation.\n(B) The consistency and adequacy of the application of board sanctions or discipline imposed on licensees.\n(C) The accuracy and consistency in implementing the laws and rules affecting discipline, including adherence to the Division of Investigation Case Acceptance Guidelines (Consumer Protection Enforcement Initiative Model), as revised July 1, 2014.\n(D) The timeframes for completing complaint processing, investigation, and resolution.\n(E) Staff concerns regarding licensee disciplinary matters or procedures.\n(F) The appropriate utilization of licensed professionals to investigate complaints.\n(G) The adequacy of the board\u2019s cooperation with other state agencies charged with enforcing related laws and regulations regarding nurses.\n(H) Any existing backlog, the reason for the backlog, and the timeframe for eliminating the backlog.\n(I) The adequacy of board staffing, training, and fiscal resources to perform its enforcement functions.\n(b) Board staff and management shall cooperate with the office and shall provide the office with access to data, case files, employees, and information as the office may, in its discretion, require for the purposes of this section.\n(c) For the purposes of this section, \u201coffice\u201d means the California State Auditor\u2019s Office.\nSEC. 4.\nSection 2736.5 of the Business and Professions Code is repealed.\nSEC. 5.\nSection 2786 of the Business and Professions Code is amended to read:\n2786.\n(a) An approved school of nursing, or an approved nursing program, is one that has been approved by the board, gives the course of instruction approved by the board, covering not less than two academic years, is affiliated or conducted in connection with one or more hospitals, and is an institution of higher education. For purposes of this section, \u201cinstitution of higher education\u201d includes, but is not limited to, community colleges offering an associate of arts or associate of science degree and private postsecondary institutions offering an associate of arts, associate of science, or baccalaureate degree or an entry-level master\u2019s degree, and is an institution that is not subject to the California Private Postsecondary Education Act of 2009 (Chapter 8 (commencing with Section 94800) of Part 59 of Division 10 of Title 3 of the Education Code).\n(b) A school of nursing that is affiliated with an institution that is subject to the California Private Postsecondary Education Act of 2009 (Chapter 8 (commencing with Section 94800) of Part 59 of Division 10 of Title 3 of the Education Code), may be approved by the board to grant an associate of arts or associate of science degree to individuals who graduate from the school of nursing or to grant a baccalaureate degree in nursing with successful completion of an additional course of study as approved by the board and the institution involved.\n(c) The board shall determine by regulation the required subjects of instruction to be completed in an approved school of nursing for licensure as a registered nurse and shall include the minimum units of theory and clinical experience necessary to achieve essential clinical competency at the entry level of the registered nurse. The board\u2019s regulations shall be designed to require all schools to provide clinical instruction in all phases of the educational process, except as necessary to accommodate military education and experience as specified in Section 2786.1.\n(d) The board shall perform or cause to be performed an analysis of the practice of the registered nurse no less than every five years. Results of the analysis shall be utilized to assist in the determination of the required subjects of instruction, validation of the licensing examination, and assessment of the current practice of nursing.\nSEC. 6.\nSection 2786.1 is added to the Business and Professions Code, to read:\n2786.1.\n(a) The board shall deny the application for approval made by, and shall revoke the approval given to, any school of nursing that does not give student applicants credit in the field of nursing for military education and experience by the use of challenge examinations or other methods of evaluation.\n(b) The board shall adopt regulations by January 1, 2017, requiring schools to have a process to evaluate and grant credit for military education and experience. The regulations shall be adopted 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). The word \u201ccredit,\u201d as used in this subdivision, is limited to credit for licensure only. The board is not authorized to prescribe the credit that an approved school of nursing shall give toward an academic certificate or degree.\n(c) The board shall review a school\u2019s policies and practices regarding granting credit for military education and experience at least once every five years to ensure consistency in evaluation and application across schools. The board shall post on its Internet Web site information related to the acceptance of military coursework and experience at each approved school.","title":""}
{"_id":"c411","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 927.2 of the Government Code is amended to read:\n927.2.\nThe following definitions apply to this chapter:\n(a) \u201cClaim schedule\u201d means a schedule of payment requests prepared and submitted by a state agency to the Controller for payment to the named claimant.\n(b) \u201cGrant\u201d means a signed final agreement between any state agency and a local government agency or organization authorized to accept grant funding for victim services or prevention programs administered by any state agency. Any such grant is a contract and subject to this chapter.\n(c) \u201cInvoice\u201d means a bill or claim that requests payment on a contract under which a state agency acquires property or services or pursuant to a signed final grant agreement.\n(d) \u201cMedi-Cal program\u201d means the program established pursuant to Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code.\n(e) \u201cNonprofit public benefit corporation\u201d means a corporation, as defined by subdivision (b) of Section 5046 of the Corporations Code, that has registered with the Department of General Services as a small business.\n(f) \u201cNonprofit service organization\u201d means a nonprofit entity that is organized to provide services to the public.\n(g) \u201cNotice of refund or other payment due\u201d means a state agency provides notice to the person that a refund or payment is owed to that person or the state agency receives notice from the person that a refund or undisputed payment is due.\n(h) \u201cPayment\u201d means any form of the act of paying, including, but not limited to, the issuance of a warrant or a registered warrant by the Controller, or the issuance of a revolving fund check by a state agency, to a claimant in the amount of an undisputed invoice.\n(i) \u201cReasonable cause\u201d means a determination by a state agency that any of the following conditions are present:\n(1) There is a discrepancy between the invoice or claimed amount and the provisions of the contract or grant.\n(2) There is a discrepancy between the invoice or claimed amount and either the claimant\u2019s actual delivery of property or services to the state or the state\u2019s acceptance of those deliveries.\n(3) Additional evidence supporting the validity of the invoice or claimed amount is required to be provided to the state agency by the claimant.\n(4) The invoice has been improperly executed or needs to be corrected by the claimant.\n(5) There is a discrepancy between the refund or other payment due as calculated by the person to whom the money is owed and by the state agency.\n(j) \u201cReceived by a state agency\u201d means the date an invoice is delivered to the state location or party specified in the contract or grant or, if a state location or party is not specified in the contract or grant, wherever otherwise specified by the state agency.\n(k) \u201cRequired payment approval date\u201d means the date on which payment is due as specified in a contract or grant or, if a specific date is not established by the contract or grant, 30 calendar days following the date upon which an undisputed invoice is received by a state agency.\n(l) \u201cRevolving fund\u201d means a fund established pursuant to Article 5 (commencing with Section 16400) of Division 4 of Title 2.\n(m) \u201cSmall business\u201d means a business certified as a \u201csmall business\u201d in accordance with subdivision (d) of Section 14837, including certified small businesses engaged in the development, design, and construction of California\u2019s high-speed rail system pursuant to the California High-Speed Rail Act (Division 19.5 (commencing with Section 185000) of the Public Utilities Code).\n(n) \u201cSmall business\u201d and \u201cnonprofit organization\u201d mean, in reference to providers under the Medi-Cal program, a business or organization that meets all of the following criteria:\n(1) The principal office is located in California.\n(2) The officers, if any, are domiciled in California.\n(3) If a small business, it is independently owned and operated.\n(4) The business or organization is not dominant in its field of operation.\n(5) Together with any affiliates, the business or organization has gross receipts from business operations that do not exceed\nthree\nfour\nmillion dollars\n($3,000,000)\n($4,000,000)\nper year, except that the Director of Health Services may increase this amount if the director deems that this action would be in furtherance of the intent of this chapter.\nSECTION 1.\nSection 927 of the\nGovernment Code\nis amended to read:\n927.\n(a)This chapter shall be known and may be cited as the California Prompt Payment Act.\n(b)It is the intent of the Legislature that state agencies pay properly submitted, undisputed invoices, refunds, or other undisputed payments due to individuals within 45 days of receipt or notification thereof, or automatically calculate and pay the appropriate late payment penalties as specified in this chapter.\n(c)Notwithstanding any other law, this chapter shall apply to all state agencies, including, but not limited to, the Public Employees\u2019 Retirement System, the State Teachers\u2019 Retirement System, the Treasurer, and the Department of General Services.","title":""}
{"_id":"c297","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 4011.10 of the Penal Code is amended to read:\n4011.10.\n(a) It is the intent of the Legislature in enacting this section to provide county sheriffs, chiefs of police, and directors or administrators of local detention facilities with an incentive to not engage in practices designed to avoid payment of legitimate health care costs for the treatment or examination of persons lawfully in their custody, and to promptly pay those costs as requested by the provider of services. Further, it is the intent of the Legislature to encourage county sheriffs, chiefs of police, and directors or administrators of local detention facilities to bargain in good faith when negotiating a service contract with hospitals providing health care services.\n(b) Notwithstanding any other law, a county sheriff, police chief, or other public agency that contracts for health care services, may contract with providers of health care services for care to local law enforcement patients. Hospitals that do not contract for health care services with the county sheriff, police chief, or other public agency shall provide health care services to local law enforcement patients at a rate equal to 110 percent of the hospital\u2019s actual costs according to the most recent Hospital Annual Financial Data report issued by the Office of Statewide Health Planning and Development, as calculated using a cost-to-charge ratio, or, for claims that have not previously been paid or otherwise determined by local law enforcement, according to the most recently approved cost-to-charge ratio from the Medicare Program. The hospital, with the approval of the county sheriff, police chief, or other public agency responsible for providing health care services to local law enforcement patients, may choose the most appropriate cost-to-charge ratio and shall provide notice to the county sheriff, police chief, or other public agency, as applicable, of any change. If the hospital uses the cost-to-charge ratio from the Medicare Program, the hospital shall attach supporting Medicare documentation and an expected payment calculation to the claim. If a claim does not contain the supporting Medicare documentation and expected payment calculation, or if, within 60 days of the hospital\u2019s request for approval to use the cost-to-charge ratio from the Medicare Program, approval is not granted by the county sheriff, police chief, or other public agency responsible for providing health care services to local law enforcement patients, the Office of Statewide Health Planning and Development cost-to-charge ratio shall be used to calculate the payment.\n(c) A county sheriff or police chief shall not request the release of an inmate from custody for the purpose of allowing the inmate to seek medical care at a hospital, and then immediately rearrest the same individual upon discharge from the hospital, unless the hospital determines this action would enable it to bill and collect from a third-party payment source.\n(d) The California Hospital Association, the University of California, the California State Sheriffs\u2019 Association, and the California Police Chiefs Association shall, immediately upon enactment of this section, convene the Inmate Health Care and Medical Provider Fair Pricing Working Group. The working group shall consist of at least six members from the California Hospital Association and the University of California, and six members from the California State Sheriffs\u2019 Association and the California Police Chiefs Association. Each organization should give great weight and consideration to appointing members of the working group with diverse geographic and demographic interests. The working group shall meet as needed to identify and resolve industry issues that create fiscal barriers to timely and affordable inmate health care. In addition, the working group shall address issues, including, but not limited to, inmates being admitted for care and later rearrested and any other fiscal barriers to hospitals being able to enter into fair market contracts with public agencies. To the extent that the rate provisions of this statute result in a disproportionate share of local law enforcement patients being treated at any one hospital or system of hospitals, the working group shall address this issue. No reimbursement is required under this provision.\n(e) This section does not require or encourage a hospital or public agency to replace any existing arrangements that any city police chief, county sheriff, or other public agency that contracts for health care services for local law enforcement patients has with health care providers.\n(f) An entity that provides ambulance or any other emergency or nonemergency response service to a sheriff or police chief, and that does not contract with their departments for that service, shall be reimbursed for the service at the rate established by Medicare. Neither the sheriff nor the police chief shall reimburse a provider of any of these services that his or her department has not contracted with at a rate that exceeds the provider\u2019s reasonable and allowable costs, regardless of whether the provider is located within or outside of California.\n(g) For the purposes of this section, \u201creasonable and allowable costs\u201d shall be defined in accordance with Part 413 of Title 42 of the Code of Federal Regulations and federal Centers for Medicare and Medicaid Services Publication Numbers 15-1 and 15-2.\n(h) For purposes of this section, in those counties in which the sheriff does not administer a jail facility, a director or administrator of a local department of corrections established pursuant to Section 23013 of the Government Code is the person who may contract for services provided to jail inmates in the facilities he or she administers in those counties.","title":""}
{"_id":"c207","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 1970 of the Business and Professions Code is amended to read:\n1970.\nThere is hereby established in the Dental Board of California the Dental Corps Loan Repayment Program of 2002, which shall become operative on January 1, 2003. This program shall be known and may be cited as the California Dental Corps Loan Repayment Program.\nSEC. 2.\nSection 1970.5 of the Business and Professions Code is amended to read:\n1970.5.\nIt is the intent of this article that the Dental Board of California implement the California Dental Corps Loan Repayment Program.\nSEC. 3.\nSection 1971 of the Business and Professions Code is repealed.\nSEC. 4.\nSection 1971 is added to the Business and Professions Code, to read:\n1971.\nAs used in this article:\n(a) \u201cAccount\u201d means the Dentally Underserved Account established in Section 1973, which is contained within the fund.\n(b) \u201cBoard\u201d means the Dental Board of California.\n(c) \u201cDentally underserved area\u201d means a geographic area eligible to be designated as having a shortage of dental professionals pursuant to Part I of Appendix B to Part 5 of Chapter 1 of Title 42 of the Code of Federal Regulations or an area of the state in which unmet priority needs for dentists exist as determined by the California Healthcare Workforce Policy Commission pursuant to Section 128224 of the Health and Safety Code.\n(d) \u201cDentally underserved population\u201d means persons without dental insurance and persons eligible for Denti-Cal who are population groups described as having a shortage of dental care professionals in Part I of Appendix B to Part 5 of Chapter 1 of Title 42 of the Code of Federal Regulations.\n(e) \u201cFund\u201d means the State Dentistry Fund.\n(f) \u201cMedi-Cal threshold languages\u201d means primary languages spoken by limited-English-proficient (LEP) population groups meeting a numeric threshold of 3,000 eligible LEP Medi-Cal beneficiaries residing in a county, 1,000 Medi-Cal eligible LEP beneficiaries residing in a single ZIP Code, or 1,500 LEP Medi-Cal beneficiaries residing in two contiguous ZIP Codes.\n(g) \u201cProgram\u201d means the California Dental Corps Loan Repayment Program.\n(h) \u201cPractice setting\u201d means either of the following:\n(1) A community clinic, as defined in subdivision (a) of Section 1204 and subdivision (c) of Section 1206 of the Health and Safety Code, a clinic owned or operated by a public hospital and health system, or a clinic owned and operated by a hospital that maintains the primary contract with a county government to fulfill the county\u2019s role pursuant to Section 17000 of the Welfare and Institutions Code that is located in a dentally underserved area or at least 50 percent of whose patients are from a dentally underserved population.\n(2) A dental practice or dental corporation, as defined in Section 1800, located in a dentally underserved area or at least 50 percent of whose patients are from a dentally underserved population.\nSEC. 5.\nSection 1972 of the Business and Professions Code is repealed.\nSEC. 6.\nSection 1972 is added to the Business and Professions Code, to read:\n1972.\n(a) (1) A program applicant shall possess a current valid license to practice dentistry in this state issued by the board pursuant to Section 1626, or be currently eligible for graduation from a predoctoral or postdoctoral dental education program approved by the Commission on Dental Accreditation or the board and meet all criteria for licensure, subject to successful completion of applicable education and examination requirements.\n(2) An applicant shall submit a completed application provided by the board that shall include, but is not limited to, documentation detailing current loan obligations from any government or commercial lender obtained for purposes of financing tuition or fees at a dental school approved by the Commission on Dental Accreditation or the board. Documentation shall contain the applicant\u2019s account number and the lender\u2019s contact information, as well as current balance owing and monthly installment plan details, if applicable.\n(3) An application shall include disclosure of any and all obligations for which the applicant has defaulted or been subject to a judgment lien within the last 10 years, and explanations for each default or judgment lien disclosed.\n(4) An applicant, if selected to receive a repayment grant, shall sign an agreement with the board to maintain qualified employment for 36 months continuously, and that the qualified employment meets or once commenced will meet the minimum requirements of the program regarding practice setting, and clinical hours worked.\n(5) An applicant shall also agree to provide an annual progress report, signed by both the applicant and employer or employer\u2019s designee. A progress report shall verify the practice setting\u2019s qualified status, clinical hours worked by the applicant, number of patients treated, specific treatment rendered and its value, and patient\u2019s payer source.\n(b) The board, in selecting a participant for the program, shall give priority consideration to an applicant who is best suited to meet the cultural and linguistic needs and demands of dentally underserved populations by demonstrating experience in one or more of the following areas:\n(1) Speaks one or more Medi-Cal threshold languages.\n(2) Comes from an economically disadvantaged background with economic, social, or other circumstances.\n(3) Has worked in a health field in an underserved area or with an underserved population.\n(4) Is a dentist specialist recognized by the American Dental Association or has met all eligibility requirements to graduate from a dental specialty residency program approved by the Commission on Dental Accreditation.\n(5) Has completed an extramural program or rotation during dental school or postgraduate education in which the applicant provided services to a population that speaks any Medi-Cal threshold language.\n(c) The practice setting shall meet one or both of the following criteria:\n(1) The practice setting shall be located in a dentally underserved area.\n(2) The practice setting shall ensure that the program participant serves a patient population that consists of at least 50 percent dentally underserved populations.\n(d) A program applicant shall be working in, or have a signed agreement for future employment with, an eligible practice setting. The program participant shall be employed on a full-time basis. \u201cFull-time basis\u201d means 30 hours of clinical hands-on care per week, for no less than 45 weeks per year, except as provided for during customary holidays, personal or family illness, and vacation time as described in a separate employment agreement between the recipient and the practice setting. Upon 30-day notice to the board, the board shall grant an extended leave of absence period for serious illness, pregnancy, or other natural cause. The board may establish other exemptions to the minimum time requirements of this subdivision on a case-by-case basis.\n(e) A program participant shall commit to a minimum of three years of service in one or more eligible practice settings. Loan repayment or grant disbursement shall be deferred until the dentist is employed on a full-time basis.\n(f) The board may coordinate with local and statewide trade and professional dental organizations, as well as educational institutions, for outreach to potentially eligible applicants.\n(g) The board shall develop a process for a program participant\u2019s repayment of loans or grants disbursed in the event that the participant is terminated prior to completion of, or is otherwise unable to complete, his or her three years of service obligation. Cause for termination includes, but is not limited to, the following:\n(1) Recipient\u2019s termination of full-time, qualified employment.\n(2) Recipient\u2019s failure to maintain his or her professional license in good standing.\n(3) Recipient\u2019s failure to comply with any other term or condition of this article.\n(h) The board may adopt any other standards of eligibility, placement, and termination appropriate to achieve the aim of providing competent dental services in these approved practice settings.\nSEC. 7.\nSection 1973 of the Business and Professions Code is amended to read:\n1973.\n(a) The Dentally Underserved Account is hereby created in the State Dentistry Fund.\n(b) The sum of three million dollars ($3,000,000) is hereby authorized to be expended from the State Dentistry Fund on this program. These moneys are appropriated as follows:\n(1) One million dollars ($1,000,000) shall be transferred from the fund to the account on July 1, 2003. Of this amount, sixty-five thousand dollars ($65,000) shall be used by the board in the 2003\u201304 fiscal year for operating expenses necessary to manage this program.\n(2) One million dollars ($1,000,000) shall be transferred from the fund to the account on July 1, 2004. Of this amount, sixty-five thousand dollars ($65,000) shall be used by the board in the 2004\u201305 fiscal year for operating expenses necessary to manage this program.\n(3) One million dollars ($1,000,000) shall be transferred from the fund to the account on July 1, 2005. Of this amount, sixty-five thousand dollars ($65,000) shall be used by the board in the 2005\u201306 fiscal year for operating expenses necessary to manage this program.\n(c) Funds placed into the account shall be used by the board to repay the loans per agreements made with dentists.\n(1) Funds paid out for loan repayment may have a funding match from foundation or other private sources.\n(2) Loan repayments shall not exceed one hundred five thousand dollars ($105,000) per individual licensed dentist.\n(3) Loan repayments shall not exceed the amount of the educational loans incurred by the dentist applicant.\n(d) Notwithstanding Section 11005 of the Government Code, the board may seek and receive matching funds from foundations and private sources to be placed into the account. The board also may contract with an exempt foundation for the receipt of matching funds to be transferred to the account for use by this program.\n(e) Funds in the account appropriated in subdivision (b) or received pursuant to subdivision (d) are continuously appropriated for the repayment of loans per agreements made between the board and the dentists.\n(f) On or after July 1, 2010, the board shall extend the program and distribute the moneys remaining in the account until all the moneys in the account are expended.\nSEC. 8.\nSection 1975 of the Business and Professions Code is repealed.\nSEC. 9.\nSection 1975 is added to the Business and Professions Code, to read:\n1975.\nThe terms of loan repayment granted under this article shall be as follows:\n(a) After a program participant has been selected by the board to provide services as a dentist in the program, the board shall provide thirty-five thousand dollars ($35,000) for loan repayment annually, for three years, to reach a total of one hundred five thousand dollars ($105,000), or the total amount of the loan, whichever is the lesser amount.\n(b) The initial disbursement of funds shall be made within 30 days from execution of a program agreement between the board and the recipient directly from the board to the qualified lender selected by the recipient, to be credited to the recipient\u2019s account.\n(c) Subsequent disbursements in sums equal to the initial disbursement, but not equaling more than the total amount owed by the recipient, shall be made within 30 days of months 13 and 25 of the recipient\u2019s participation in the program.\nSEC. 10.\nSection 1976 of the Business and Professions Code is amended to read:\n1976.\n(a) The board shall report to the Legislature, during its sunset review period, the experience of the program since its inception, an evaluation of its effectiveness in improving access to dental care for underserved populations, and recommendations for maintaining or expanding its operation. The report to the Legislature shall also include the following:\n(1) The number of program participants.\n(2) The practice locations.\n(3) The amount expended for the program.\n(4) The information on annual progress reports by program participants.\n(b) The report to the Legislature pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.\nSEC. 11.\nThis 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:\nIn order to ensure that low-income communities immediately receive the dental care they desperately lack as soon as possible by removing barriers to available and unused special funds for dentists who seek to serve designated underserved populations, it is necessary that this act take effect immediately.","title":""}
{"_id":"c142","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 13700 of the Welfare and Institutions Code is amended to read:\n13700.\n(a) The Legislature finds and declares all of the following:\n(1) There are homeless minors living on the streets of major urban centers, suburban communities, and in rural areas in this state without adequate food, shelter, health care, or financial support.\n(2) Many of these homeless youth in these urban centers come from out-of-city or out-of-county locations.\n(3) The homeless child, in many instances, has a history of physical or sexual abuse at home, and of having been rejected or forced out of the parental home.\n(4) While living on the streets, these youth fall prey to drug abuse, human trafficking, prostitution, and other illegal activities.\n(5) Local public agencies are unable to provide these youth with an adequate level or range of remedial services.\n(6) These homeless minors are urgently in need of specialized services to locate them, to assist them with their immediate survival needs, and to address their long-term need to reunite with their parents or find a suitable home.\n(7) Two homeless youth emergency service pilot programs, one in the City of Los Angeles, and one in the City and County of San Francisco, have demonstrated the need for ongoing programs to meet the needs of homeless minors and the effectiveness of these programs in meeting these needs.\n(8) While critical, immediate crisis intervention does not go far enough to help these youth make a successful transition to adulthood. Evidence supports transitional living programs as the key driver of positive outcomes for homeless youth.\n(b) The purpose of this chapter\nis therefore\nis, therefore,\nto maintain one homeless youth emergency project in the County of Los Angeles and one in the City and County of San Francisco, where the problem is most acute, and to the extent funds are appropriated in the Budget Act of 1991, to establish additional homeless youth emergency service pilot projects pursuant to this chapter. It is the further purpose of this chapter to examine the condition of homeless youth in major urban areas of this state with populations of 500,000 or more, as well as other urban, suburban, and rural areas, and develop a profile of homeless youth in terms of background and available services, in order to locate these youth, to provide for their emergency survival needs, and to assist them in reunification with their parents or in finding a suitable home.\nSEC. 2.\nSection 13700.5 of the Welfare and Institutions Code is amended to read:\n13700.5.\nFor purposes of this chapter, \u201coffice\u201d means the Office of Emergency Services.\nSEC. 3.\nSection 13701 of the Welfare and Institutions Code is amended to read:\n13701.\nEach homeless youth project established under this chapter shall provide services that shall include, but are not limited to, all of the following:\n(a) Food and access to an overnight shelter.\n(b) Counseling to address immediate emotional crises or problems.\n(c) Outreach services to locate homeless youth and link them with services, and drop-in facilities to make the services accessible to the street population.\n(d) Screening for basic health needs and referral to public and private agencies for health care.\n(e) Linkage to other services offered by public and private agencies.\n(f) Long-term stabilization planning so that the youth may be returned to the parental home under circumstances favoring long-term reunification with the family, or so that the youth can be suitably placed in a situation outside the family when family reunification is not possible.\n(g) Followup services to ensure that the return to the family or the placement outside the family is stable.\n(h) Transitional living services for homeless youth 18 through 24 years of age, inclusive, for a period of up to 36 months, with access to education and employment assistance, independent living skill development, and family engagement and interventions.\nSEC. 4.\nSection 13703 of the Welfare and Institutions Code is amended to read:\n13703.\n(a) One homeless youth emergency service project shall be established in the County of Los Angeles and one shall be established in the City and County of San Francisco. One homeless youth emergency service project shall also be established in the County of San Diego, and one shall be established in the County of Santa Clara. The office shall establish additional homeless youth emergency service projects in\nthe County of Orange and\nother counties, with a priority given to counties that lack existing services for runaway and homeless youth.\nThe office shall, with input from stakeholders, develop criteria for the selection of grantees and the determination of grant amounts under the grant program. For purposes of this section, stakeholders shall include, but not be limited to, current and former homeless youth and representatives from advocacy groups serving homeless youth.\nEach project may have one central location or may have more than one location in the service area in order to serve effectively the area population of homeless youth. Each project shall be operated by an agency in accordance with the grant award agreement with the office.\n(b) (1) The office shall prepare and disseminate a request for proposals for grantees under this chapter by February 15, 1986. The office shall enter into grant award agreements, and the operation of pilot projects shall begin, not later than June 1, 1986. With respect to projects to be established in the County of San Diego and the County of Santa Clara, the office shall prepare and disseminate a request for proposals for grantees under this chapter by March 31, 1992. The office shall enter into grant award agreements and the operation of these projects shall begin not later than July 1, 1992.\n(2) With respect to additional homeless youth emergency service projects to be established pursuant to funding appropriated by the act that added this paragraph, the office shall prepare and disseminate requests for proposals\nnot\nno\nlater than March 31, 2017.\n(c) An agency eligible to apply for funds under this chapter and to operate a homeless youth emergency service project shall be a private, nonprofit agency with a demonstrated record of success in the delivery of services to homeless youth. The agency selected for each project shall demonstrate the ability to provide each of the services described in Section 13701, either directly or under subcontract with a competent provider. Preference shall be given to agencies that demonstrate a history of coordination with other public and private agencies in the service region that provide services to homeless youth. Preference shall also be given to agencies that will involve a network of youth-serving agencies in the delivery of services to homeless youth under this chapter.\nSEC. 5.\nThe sum of twenty-five million dollars ($25,000,000) is hereby appropriated from the General Fund to the Office of Emergency Services to provide additional funding for homeless youth emergency service projects established pursuant to Chapter 6 (commencing with Section 13700) of Part 3 of Division 9 of the Welfare and Institutions Code.","title":""}
{"_id":"c41","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nChapter 11 (commencing with Section 122380) is added to Part 6 of Division 105 of the Health and Safety Code, to read:\nCHAPTER  11. Pet Boarding Facilities\n122380.\nAs used in this chapter, the following definitions apply:\n(a) \u201cEnrichment\u201d means providing objects or activities, appropriate to the needs of the species, as well as the age, size, and condition of the pet, that stimulate the pet and promote the pet\u2019s well-being.\n(b) \u201cPermanent or fixed enclosure\u201d means a structure, including, but not limited to, an exercise run, kennel, or room, used to restrict a pet, that provides for the effective separation of a pet from the pet\u2019s waste products.\n(c) \u201cPerson\u201d means an individual, partnership, firm, limited liability company, joint-stock company, corporation, association, trust, estate, or other legal entity.\n(d) \u201cPet\u201d means any nonhuman animal housed in the pet boarding facility, including, but not limited to, mammals, birds, reptiles, and amphibians. However, \u201cpet\u201d does not include a horse.\n(e) \u201cPet boarding facility\u201d means any lot, building, structure, enclosure, or premises, or a portion thereof, whereupon four or more dogs, cats, or other pets in any combination are boarded at the request of, and in exchange for compensation provided by, their owner. However, \u201cpet boarding facility\u201d does not include a city, county, or city and county animal control agency, society for the prevention of cruelty to animals, or humane society that contracts for the care of stray or abandoned animals, or the premises of a veterinary facility that is registered pursuant to Section 4853 of the Business and Professions Code.\n(f) \u201cPet boarding facility operator\u201d or \u201coperator\u201d means a person who owns or operates, or both, a pet boarding facility.\n(g) \u201cTemporary enclosure\u201d means a structure used to restrict a pet, including, but not limited to, a crate or cage, that does not provide for the effective separation of a pet from the pet\u2019s waste products.\n122381.\nEach pet boarding facility operator shall be responsible for all of the following:\n(a) Ensuring that the entire pet boarding facility, including all equipment therein, is structurally sound and maintained in good repair.\n(b) Ensuring that pests do not inhabit any part of the pet boarding facility in a number large enough to be harmful, threatening, or annoying to the pets.\n(c) Ensuring the containment of pets within the pet boarding facility, and, in the event that a pet escapes, making reasonable efforts to immediately capture the escaped pet.\n(d) If an escaped pet has not been captured despite reasonable efforts, ensuring that all material facts regarding the pet\u2019s escape are reported to the local agency for animal control and to the owner.\n(e) Ensuring that the pet boarding facility\u2019s interior building surfaces, including walls and floors, are constructed in a manner that permits them to be readily cleaned and sanitized.\n(f) Ensuring that light, by natural or artificial means, is distributed in a manner that permits routine inspection and cleaning, and the proper care and maintenance of the pets.\n(g) If pet grooming services are offered by a pet boarding facility, separating the grooming work area from the pet boarding facility\u2019s permanent or fixed and temporary enclosures and ensuring that the grooming areas are cleaned and sanitized at least once daily.\n(h) Storing food in an area separate from permanent or fixed enclosures or temporary enclosures.\n(i) Maintaining an area for isolating sick pets from healthy pets.\n122382.\n(a) Each permanent or fixed and temporary enclosure shall comply with all of the following standards:\n(1) Be structurally sound and maintained in good repair to protect the enclosed pet from injury, to contain the pet, to keep other animals out, and to promote the health and well-being of the pet.\n(2) Be maintained in a comfortable and sanitary manner. When being cleaned in a manner or with a substance that is or may be harmful to a pet within the enclosure, that pet shall be removed from the enclosure.\n(3) Be constructed of material suitable for regular cleaning and sanitizing.\n(4) As needed to ensure the comfort and well-being of the pet, provide heating, cooling, lighting, ventilation, shade, and protection from the elements, including, but not limited to, the sun, wind, rain, and snow.\n(5) Allow a pet to turn around freely, stand easily, and sit or lie down in a comfortable position.\n(b) Each enclosure is either a permanent or fixed enclosure or a temporary enclosure.\n(c) In addition to the requirements set forth in subdivision (a), a permanent or fixed enclosure for a cat shall provide an elevated platform appropriate for the size of the cat.\n(d) A pet may be contained in a temporary enclosure for a period not to exceed 4 hours during the day and 12 hours at night or the length of time that is humane for that particular pet, whichever is less. However, the pet shall remain outside the temporary enclosure for no less than the amount of time needed for the pet to eliminate its waste.\n122383.\nA pet boarding facility operator shall comply with all of the following animal care requirements:\n(a) House only one pet at a time in an enclosure unless otherwise consented to by the owner.\n(b) Observe each pet as necessary, but no less than once every 24 hours, in order to recognize the signs of sickness, injury, or distress, and in order to ensure that the pet, food, and waste or debris is removed as necessary to prevent contamination or injury.\n(c) Provide each pet with easy and convenient access to potable water at all times, or if the behavior of the pet makes unrestricted access to water impracticable, offer water as often as necessary to ensure the pet\u2019s health and well-being. However, water may be restricted as directed by the owner or a licensed veterinarian.\n(d) Provide each pet with nutritious food in quantities and at intervals suitable for that pet.\n(e) Provide each pet daily with enrichment sufficient to maintain the behavioral health of the pet.\n(f) Maintain and abide by written policies and procedures that address animal care, management and safe handling, disease prevention and control, routine care, preventive care, emergency care, veterinary treatment, and disaster planning, evacuation, and recovery that are applicable to the location of the pet boarding facility. These procedures shall be reviewed with each employee who provides animal care and shall be present, in writing, either electronically or physically, in the facility and made available to all employees.\n(g) Isolate those pets that have or are suspected of having a contagious condition.\n(h) Ensure that each sick or injured pet is immediately provided with appropriate care and, if prudent, veterinary treatment.\n(i) Ensure that the owner of a pet is notified immediately that his or her pet is sick or injured unless the owner has indicated in writing that notification of any, or a particular, type of illness or injury is not required.\n(j) In the event of a natural disaster, an emergency evacuation, or other similar occurrence, ensure that the humane care and treatment of each animal is provided for, as required by this chapter, to the extent access to the pet is reasonably available.\n122384.\n(a) A pet boarding facility operator shall provide each owner with written information describing all of the following:\n(1) Days and times during which the pet boarding facility permits pets to be dropped off and picked up.\n(2) Days and times during which personnel are onsite.\n(3) The square footage of the permanent or fixed and temporary enclosures in which the species of pet that the owner is boarding is customarily contained.\n(4) General observation practices during each 24-hour period for the species of pet that the owner is boarding is customarily observed by personnel.\n(5) The pet boarding facility\u2019s customary daily activity schedule for the species of pet that the owner is boarding.\n(b) If the pet boarding facility will materially deviate from the customary practices described in the written information required by subdivision (a) with respect to an owner\u2019s pet, the pet boarding facility operator shall disclose those deviations to the owner or patron, as appropriate.\n122385.\nA pet boarding facility shall maintain either of the following:\n(a) A fire alarm system that is connected to a central reporting station that alerts the local fire department in case of fire.\n(b) A fire suppression sprinkler system.\n122386.\n(a) An animal control officer, as defined in Section 830.9 of the Penal Code, a humane officer qualified pursuant to Section 14502 or 14503 of the Corporations Code, or a peace officer who detects a violation of Sections 122380 to 122385, inclusive, if he or she decides the violation warrants formal action, shall issue a single notice to correct that shall contain all of the following information:\n(1) Specify each violation of this chapter found in the inspection.\n(2) Identify the corrective action for each violation.\n(3) Include a specific period of time during which the listed violation or violations are to be corrected.\n(b) After issuing a notice to correct pursuant to this section, the officer or another qualified officer of the issuing agency shall verify compliance with this chapter by conducting a subsequent investigation of the pet boarding facility within a reasonable period of time.\n(c) An exact, legible copy of the notice to correct shall be delivered to the pet boarding facility operator at the time he or she signs the notice. In the alternative, the issuing agency may personally deliver the notice to the operator within 48 hours of its issuance, excluding holidays and weekends. The signing of the notice is an acknowledgment of receipt and does not constitute an admission of guilt.\n(d) A pet boarding facility operator who is verified to have complied with a notice to correct shall not be subject to subdivision (g).\n(e) A pet boarding facility operator who violates the same provision of this chapter on more than one occasion within a five-year period is not eligible to receive a notice to correct, and is guilty of an infraction on the second violation, and is guilty of a misdemeanor on the third or subsequent violation.\n(f) Notwithstanding subdivision (a), a pet boarding facility operator that causes or allows harm or injury to an animal, or allows an animal to be subject to an unreasonable risk of harm or injury is guilty of a misdemeanor.\n(g) Except as provided in subdivisions (e) and (f), a pet boarding facility operator who violates any provision of this chapter is guilty of an infraction punishable by a fine not to exceed two hundred fifty dollars ($250) for the first violation and by a fine not to exceed one thousand dollars ($1,000) for each subsequent violation. The court shall weigh the gravity of the offense in setting the penalty.\n122387.\n(a) Nothing in this chapter shall be construed to in any way limit or affect the application or enforcement of any other law that protects animals or the rights of consumers, including, but not limited to, Section 597 of the Penal Code.\n(b) Nothing in this chapter limits, or authorizes any act or omission that violates, Section 597 of the Penal Code, or any other local, state, or federal law that protects animals or the rights of consumers.\n122388.\nPursuant to Section 7 of Article XI of the California Constitution, a city, county, or city and county may adopt ordinances that establish additional standards and requirements for a pet boarding facility.\nSEC. 2.\nNo reimbursement is required by this act pursuant to Section 6 of Article XIII\u2009B 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\u2009B of the California Constitution.","title":""}
{"_id":"c189","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 1841 of the Water Code is amended to read:\n1841.\n(a) The board may adopt regulations requiring measurement and reporting of water diversion and use by either of the following:\n(1) Persons authorized to appropriate water under a permit, license, registration for small domestic, small irrigation, or livestock stockpond use,\nif the registered use is year-round,\nor certification for livestock stockpond\nuse.\nuse, if the certified use is year-round.\n(2) Persons required to comply with measurement and reporting regulations pursuant to subparagraph (B) of paragraph (1) of subdivision (e) of Section 5103.\n(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.\n(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.\nSECTION 1.\nSection 1840 of the\nWater Code\nis amended to read:\n1840.\n(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:\n(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.\n(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:\n(i)Electricity records dedicated to a pump and recent pump test.\n(ii)Staff gage calibrated with an acceptable streamflow rating curve.\n(iii)Staff gage calibrated for a flume or weir.\n(iv)Staff gage calibrated with an acceptable storage capacity curve.\n(v)Pressure transducer and acceptable storage capacity curve.\n(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.\n(b)(1)The board may modify the requirements of subdivision (a) upon finding either of the following:\n(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.\n(B)That the need for monitoring and reporting is adequately addressed by other conditions of the permit or license.\n(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.\n(c)At least annually, a person who diverts water under a registration, permit, or license shall report to the board the following information:\n(1)The quantity of water diverted by month.\n(2)The maximum rate of diversion by months in the preceding calendar year.\n(3)The information required by subdivision (a), if applicable.\n(d)Compliance with the applicable requirements of this section is a condition of every registration, permit, or license.","title":""}
{"_id":"c381","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 7159.5 of the Business and Professions Code is amended to read:\n7159.5.\nThis section applies to all home improvement contracts, as defined in Section 7151.2, between an owner or tenant and a contractor, whether a general contractor or a specialty contractor, that is licensed or subject to be licensed pursuant to this chapter with regard to the transaction.\n(a) Failure by the licensee or a person subject to be licensed under this chapter, or by his or her agent or salesperson, to comply with the following provisions is cause for discipline:\n(1) The contract shall be in writing and shall include the agreed contract amount in dollars and cents. The contract amount shall include the entire cost of the contract, including profit, labor, and materials, but excluding finance charges.\n(2) If there is a separate finance charge between the contractor and the person contracting for home improvement, the finance charge shall be set out separately from the contract amount.\n(3) If a downpayment will be charged, the downpayment may not exceed one thousand dollars ($1,000) or 10 percent of the contract amount, whichever is less.\n(4) If, in addition to a downpayment, the contract provides for payments to be made prior to completion of the work, the contract shall include a schedule of payments in dollars and cents specifically referencing the amount of work or services to be performed and any materials and equipment to be supplied.\n(5) Except for a downpayment, the contractor may neither request nor accept payment that exceeds the value of the work performed or material delivered.\n(6) Upon any payment by the person contracting for home improvement, and prior to any further payment being made, the contractor shall, if requested, obtain and furnish to the person a full and unconditional release from any potential lien claimant claim or mechanics lien authorized pursuant to Sections 8400 and 8404 of the Civil Code for any portion of the work for which payment has been made. The person contracting for home improvement may withhold all further payments until these releases are furnished.\n(7) If the contract provides for a payment of a salesperson\u2019s commission out of the contract price, that payment shall be made on a pro rata basis in proportion to the schedule of payments made to the contractor by the disbursing party in accordance with paragraph (4).\n(8)\nA\nExcept as provided by Section 717\n1, a\ncontractor furnishing a performance and payment bond, lien and completion bond, or a bond equivalent or joint control approved by the registrar covering full performance and payment is exempt from paragraphs (3), (4), and (5), and need not include, as part of the contract, the statement regarding the downpayment specified in subparagraph (C) of paragraph (8) of subdivision (d) of Section 7159, the details and statement regarding progress payments specified in paragraph (9) of subdivision (d) of Section 7159, or the Mechanics Lien Warning specified in paragraph (4) of subdivision (e) of Section 7159. A contractor furnishing these bonds, bond equivalents, or a joint control approved by the registrar may accept payment prior to completion. If the contract provides for a contractor to furnish joint control, the contractor shall not have any financial or other interest in the joint control.\n(b) A violation of paragraph (1), (3), or (5) of subdivision (a) by a licensee or a person subject to be licensed under this chapter, or by his or her agent or salesperson, is a misdemeanor punishable by a fine of not less than one hundred dollars ($100) nor more than five thousand dollars ($5,000), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment.\n(1) An indictment or information against a person who is not licensed but who is required to be licensed under this chapter shall be brought, or a criminal complaint filed, for a violation of this section, in accordance with paragraph (4) of subdivision (d) of Section 802 of the Penal Code, within four years from the date of the contract or, if the contract is not reduced to writing, from the date the buyer makes the first payment to the contractor.\n(2) An indictment or information against a person who is licensed under this chapter shall be brought, or a criminal complaint filed, for a violation of this section, in accordance with paragraph (2) of subdivision (d) of Section 802 of the Penal Code, within two years from the date of the contract or, if the contract is not reduced to writing, from the date the buyer makes the first payment to the contractor.\n(3) The limitations on actions in this subdivision shall not apply to any administrative action filed against a licensed contractor.\n(c) Any person who violates this section as part of a plan or scheme to defraud an owner or tenant of a residential or nonresidential structure, including a mobilehome or manufactured home, in connection with the offer or performance of repairs to the structure for damage caused by a natural disaster, shall be ordered by the court to make full restitution to the victim based on the person\u2019s ability to pay, as defined in subdivision (e) of Section 1203.1b of the Penal Code. In addition to full restitution, and imprisonment authorized by this section, the court may impose a fine of not less than five hundred dollars ($500) nor more than twenty-five thousand dollars ($25,000), based upon the defendant\u2019s ability to pay. This subdivision applies to natural disasters for which a state of emergency is proclaimed by the Governor pursuant to Section 8625 of the Government Code, or for which an emergency or major disaster is declared by the President of the United States.\nSEC. 2.\nSection 7169 is added to the Business and Professions Code, to read:\n7169.\nOn or before July 1, 2017, the board shall develop, and make available on its Internet Web site, a \u201csolar energy system disclosure document\u201d which a solar energy systems company must provide to a consumer prior to completion of a sale, financing, or lease of a solar energy system. The \u201csolar energy system disclosure document\u201d shall include the following information:\n(a) The amounts and sources of financing obtained.\n(b) The total cost and payments for the system, including financing costs.\n(c) The calculations used by the home improvement salesperson to determine how many panels the homeowner needs to install.\n(d) The calculations used by the home improvement salesperson to determine how much energy the panels will generate.\n(e) Any additional monthly fees the homeowner\u2019s electric company may bill, any turn-on charges, and any fees added for the use of an Internet monitoring system of the panels or inverters.\n(f) The terms and conditions of any guaranteed rebate.\n(g) The final contract price, without the inclusion of possible rebates.\n(h) The solar energy system company\u2019s contractor license number.\n(i) The impacts of solar energy system installations not performed to code.\n(j) Types of solar energy system malfunctions.\n(k) Information about the difference between a solar energy system lease and a solar energy system purchase.\n(l) Information on how and to whom consumers may provide complaints.\nSEC. 3.\nSection 7170 is added to the Business and Professions Code, to read:\n7170.\nThe board shall establish through regulation requirements for a contractor to maintain a blanket performance and payment bond for the purpose of solar energy systems installation.\nSEC. 4.\nSection 7171 is added to the Business and Professions Code, to read:\n7171.\nNotwithstanding paragraph (8) of subdivision (a) of Section 7159.5, a contractor installing a solar energy system shall be subject to the down payment restrictions in paragraph (3) of subdivision (a) of Section 7159.5.\nSECTION 1.\n(a)The Legislature finds and declares that the Governor set a goal of one million solar rooftop systems installed by 2018. As of November 2015, this state leads the nation in the installation of residential and business distributed solar projects with approximately 438,250 solar projects.\n(b)It is the intent of the Legislature to enact this act to ensure that prospective solar customers are provided accurate, clear, and concise information to make an informed decision about solar energy system installation, and to ensure that new solar energy systems continue to reliably provide clean power to millions of Californians for many years.\nSEC. 2.\nChapter 2.4 (commencing with Section 18892) is added to Division 8 of the\nBusiness and Professions Code\n, to read:\n2.4.\nSolar Companies\n18892.\n(a)As used in this section, the following terms have the following meanings:\n(1)\u201cCustomer\u201d shall include any person, firm, corporation, or other entity that is solicited by, inquires about, or seeks the services of a solar company for the purchase, financing, or lease of a solar energy system.\n(2)\u201cDepartment\u201d means the Department of Consumer Affairs.\n(3)\u201cSolar company\u201d means any company and its broker, brokers, or agents that sell, finance, or lease solar energy systems.\n(4)\u201cSolar energy system\u201d has the same meaning as set forth in paragraphs (1) and (2) of subdivision (a) of Section 801.5 of the Civil Code.\n(b)(1)Prior to completion of a sale, financing, or lease of a solar energy system to a customer, a solar company shall provide each customer with a \u201csolar energy system disclosure document,\u201d which shall include all of the following information:\n(A)A list of current residential or business electric rates by kilowatthour, as established by the applicable Public Utilities Commission tariff or other regulatory rate document.\n(B)If a payback calculation for the solar energy system is provided, the calculation must be based on the customer\u2019s current electric rate, which shall be disclosed to the customer.\n(C)A notification that electric rates are subject to change in the future and that estimates of savings are based on today\u2019s electric rates. If a payback calculation is included, the notification shall be located immediately next to the payback calculation.\n(D)A link to a page on the customer\u2019s electricity provider\u2019s Internet Web site that provides information about the electrical provider\u2019s filings regarding future rates.\n(E)A description of the solar company\u2019s contractor\u2019s license issued pursuant to Chapter 9 (commencing with Section 7000) of Division 3, license number, and name of the license qualifier for each of the solar company\u2019s licenses for solar system installation.\n(F)Valid, current certificates of insurance for the solar company\u2019s commercial general liability and workers\u2019 compensation insurance policies.\n(G)A description of the average level of electricity per month that would be produced by the solar panels planned for installation given the actual physical limitations and conditions specific to the customer.\n(H)A notification that, when renewable energy attributes are retained by the solar company, the customer is not buying solar power, nor buying renewable energy.\n(I)A notification that the balance of any financing or lease arrangement is payable to the solar company in the event of the death of the customer during the term of the agreement.\n(J)An estimate of the cost of removing and reinstalling solar panels in the event that the roof material beneath solar panels is replaced.\n(K)An explanation of the potential change in electricity production of a solar energy system if the panels become dirty or covered with debris, and instructions on how to maintain the solar energy system.\n(L)An explanation that if a solar system installation is financed by a loan that requires a superpriority lien on the homeowner\u2019s mortgage, the homeowner may be unable to refinance his or her mortgage because of this financing.\n(M)A notification that customer bill credits are compensated by other customers of the electricity provider.\n(2)A solar company that sells, finances, or leases a solar energy system to a customer primarily in Spanish, Chinese, Tagalog, Vietnamese, or Korean, whether orally or in writing, shall be required to provide the disclosure document in paragraph (1) in that same language.\n(c)Subject 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), the department shall adopt a regulation that includes a \u201cDepartment of Consumer Affairs solar energy system disclosure document\u201d informing customers of the risks and rewards of solar energy system ownership and warranty issues, and protecting those customers from unscrupulous or unfair business practices. The solar company shall provide this disclosure document developed by the department at the same time that the disclosure document in subdivision (b) is provided to the customer. The disclosure document developed by the department shall include, but shall not be limited to, information about all of the following:\n(1)Solar energy system malfunctions.\n(2)Installations not performed to code.\n(3)Roof intrusions and related structural concerns.\n(4)Bankruptcy, insolvency, default, takeover, or closure of a solar company with existing customers, especially with respect to solar companies who lease systems.\n(5)Loss of warranty on solar energy systems caused by bankruptcy, insolvency, default, takeover, or closure of a solar company or a solar manufacturer.\n(d)It is the intent of the Legislature to enact legislation that would (1) require the department to certify a solar company and (2) establish an insurance pool for customers to access in order to obtain compensation for solar energy system claims, the funds for which shall be raised yearly from all solar companies actively doing business in this state at the time of assessment.\n(e)When marketing its services to customers, solar companies shall not use the trade dress of other energy providers such that it creates a likelihood of confusion that an affiliation or connection exists between a solar company and the electrical corporation, unless the solar company has express authorization from the electrical corporation to do so.\n(f)A violation of this section by a solar company is punishable by a fine of not less than ___ ($___) and not more than ___ ($___), which shall be in addition to any other punishment imposed for a violation of this section. All fines collected by the department pursuant to this subdivision shall be deposited in the Professions and Vocations Fund described in Section 205, and these fines shall be subject to appropriation by the Legislature.\n(g)(1)In addition to the authority granted to the department in subdivision (f), a customer damaged by a willful violation of the provisions of this chapter may bring a civil cause of action against a solar company for damages, including, but not limited to, general damages, special damages, and punitive damages.\n(2)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.\n(3)The rights and remedies provided in this chapter are in addition to any other rights and remedies provided by law.","title":""}
{"_id":"c96","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 11465 of the Welfare and Institutions Code is amended to read:\n11465.\n(a) When a child is living with a parent who receives AFDC-FC or Kin-GAP benefits, the rate paid to the provider on behalf of the parent shall include an amount for care and supervision of the child.\n(b) For each category of eligible licensed community care facility, as defined in Section 1502 of the Health and Safety Code, the department shall adopt regulations setting forth a uniform rate to cover the cost of care and supervision of the child in each category of eligible licensed community care facility.\n(c) (1) On and after July 1, 1998, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be increased by 6 percent, rounded to the nearest dollar. The resultant amounts shall constitute the new uniform rate.\n(2) (A) On and after July 1, 1999, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be adjusted by an amount equal to the California Necessities Index computed pursuant to Section 11453, rounded to the nearest dollar. The resultant amounts shall constitute the new uniform rate, subject to further adjustment pursuant to subparagraph (B).\n(B) In addition to the adjustment specified in subparagraph (A), on and after January 1, 2000, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be increased by 2.36 percent, rounded to the nearest dollar. The resultant amounts shall constitute the new uniform rate.\n(3) Subject to the availability of funds, for the 2000\u201301 fiscal year and annually thereafter, these rates shall be adjusted for cost of living pursuant to procedures in Section 11453.\n(4) On and after January 1, 2008, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be increased by 5 percent, rounded to the nearest dollar. The resulting amount shall constitute the new uniform rate.\n(5) Commencing July 1, 2016, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be supplemented by an additional monthly amount of four hundred eighty-nine dollars ($489). This monthly supplement shall only be provided if funding for this purpose is appropriated in the annual Budget Act.\n(d) (1) Notwithstanding subdivisions (a) to (c), inclusive, the payment made pursuant to this section for care and supervision of a child who is living with a teen parent in a whole family foster home, as defined in Section 11400, shall equal the basic rate for children placed in a licensed or approved home as specified in subdivisions (a) to (d), inclusive, and subdivision (g), of Section 11461.\n(2) (A) The amount paid for care and supervision of a dependent infant living with a dependent teen parent receiving AFDC-FC benefits in a group home placement shall equal the infant supplement rate for group home placements.\n(B) Commencing January 1, 2017, the amount paid for care and supervision of a dependent infant living with a dependent teenage parent receiving AFDC-FC benefits in a short-term residential treatment center shall equal the infant supplement rate for short-term residential treatment centers established by the department.\n(3) (A) The caregiver shall provide the county child welfare agency or probation department with a copy of the shared responsibility plan developed pursuant to Section 16501.25 and shall advise the county child welfare agency or probation department of any subsequent changes to the plan. Once the plan has been completed and provided to the appropriate agencies, the payment made pursuant to this section shall be increased by an additional two hundred dollars ($200) per month to reflect the increased care and supervision while he or she is placed in the whole family foster home.\n(B) A nonminor dependent parent residing in a supervised independent living placement, as defined in subdivision (w) of Section 11400, who develops a written parenting support plan pursuant to Section 16501.26 shall provide the county child welfare agency or probation department with a copy of the plan and shall advise the county child welfare agency or probation department of any subsequent changes to the plan. The payment made pursuant to this section shall be increased by an additional two hundred dollars ($200) per month after all of the following have been satisfied:\n(i) The plan has been completed and provided to the appropriate county agency.\n(ii) The plan has been approved by the appropriate county agency.\n(iii) The county agency has determined that the identified responsible adult meets the criteria specified in Section 16501.27.\n(4) In a year in which the payment provided pursuant to this section is adjusted for the cost of living as provided in paragraph (1) of subdivision (c), the payments provided for in this subdivision shall also be increased by the same procedures.\n(5) A Kin-GAP relative who, immediately prior to entering the Kin-GAP program, was designated as a whole family foster home shall receive the same payment amounts for the care and supervision of a child who is living with a teen parent they received in foster care as a whole family foster home.\n(6) On and after January 1, 2012, the rate paid for a child living with a teen parent in a whole family foster home as defined in Section 11400 shall also be paid for a child living with a nonminor dependent parent who is eligible to receive AFDC-FC or Kin-GAP pursuant to Section 11403.\n(e) The rate paid for a pregnant minor or nonminor dependent for the month in which the birth is anticipated and for the three-month period immediately prior to the month in which the birth is anticipated shall include the amount that would otherwise be paid under this section to cover the care and supervision of a child, if born. Any amount paid pursuant to this subdivision shall be used to meet the specialized needs of the pregnant minor or nonminor dependent and to properly prepare for the needs of the infant. Verification of pregnancy is a condition of eligibility for aid under this subdivision.\nSEC. 1.5.\nSection 11465 of the Welfare and Institutions Code is amended to read:\n11465.\n(a) When a child is living with a parent who receives AFDC-FC or Kin-GAP benefits, the rate paid to the provider on behalf of the parent shall include an amount for care and supervision of the child.\n(b) For each category of eligible licensed community care facility, as defined in Section 1502 of the Health and Safety Code, the department shall adopt regulations setting forth a uniform rate to cover the cost of care and supervision of the child in each category of eligible licensed community care facility.\n(c) (1) On and after July 1, 1998, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be increased by 6 percent, rounded to the nearest dollar. The resultant amounts shall constitute the new uniform rate.\n(2) (A) On and after July 1, 1999, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be adjusted by an amount equal to the California Necessities Index computed pursuant to Section 11453, rounded to the nearest dollar. The resultant amounts shall constitute the new uniform rate, subject to further adjustment pursuant to subparagraph (B).\n(B) In addition to the adjustment specified in subparagraph (A), on and after January 1, 2000, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be increased by 2.36 percent, rounded to the nearest dollar. The resultant amounts shall constitute the new uniform rate.\n(3) Subject to the availability of funds, for the 2000\u201301 fiscal year and annually thereafter, these rates shall be adjusted for cost of living pursuant to procedures in Section 11453.\n(4) On and after January 1, 2008, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be increased by 5 percent, rounded to the nearest dollar. The resulting amount shall constitute the new uniform rate.\n(5) Commencing July 1, 2016, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be supplemented by an additional monthly amount of four hundred eighty-nine dollars ($489). This monthly supplement shall only be provided if funding for this purpose is appropriated in the annual Budget Act.\n(d) (1) Notwithstanding subdivisions (a) to (c), inclusive, the payment made pursuant to this section for care and supervision of a child who is living with a teen parent in a whole family foster home, as defined in Section 11400, shall equal the basic rate for children placed in a licensed or approved home as specified in subdivisions (a) to (d), inclusive, and subdivision (g), of Section 11461.\n(2) (A) The amount paid for care and supervision of a dependent infant living with a dependent teen parent receiving AFDC-FC benefits in a group home placement shall equal the infant supplement rate for group home placements.\n(B) Commencing January 1, 2017, the amount paid for care and supervision of a dependent infant living with a dependent teenage parent receiving AFDC-FC benefits in a short-term residential therapeutic program shall equal the infant supplement rate for short-term residential therapeutic programs established by the department.\n(3) (A) The caregiver shall provide the county child welfare agency or probation department with a copy of the shared responsibility plan developed pursuant to Section 16501.25 and shall advise the county child welfare agency or probation department of any subsequent changes to the plan. Once the plan has been completed and provided to the appropriate agencies, the payment made pursuant to this section shall be increased by an additional two hundred dollars ($200) per month to reflect the increased care and supervision while he or she is placed in the whole family foster home.\n(B) A nonminor dependent parent residing in a supervised independent living placement, as defined in subdivision (w) of Section 11400, who develops a written parenting support plan pursuant to Section 16501.26 shall provide the county child welfare agency or probation department with a copy of the plan and shall advise the county child welfare agency or probation department of any subsequent changes to the plan. The payment made pursuant to this section shall be increased by an additional two hundred dollars ($200) per month after all of the following have been satisfied:\n(i) The plan has been completed and provided to the appropriate county agency.\n(ii) The plan has been approved by the appropriate county agency.\n(iii) The county agency has determined that the identified responsible adult meets the criteria specified in Section 16501.27.\n(4) In a year in which the payment provided pursuant to this section is adjusted for the cost of living as provided in paragraph (1) of subdivision (c), the payments provided for in this subdivision shall also be increased by the same procedures.\n(5) A Kin-GAP relative who, immediately prior to entering the Kin-GAP program, was designated as a whole family foster home shall receive the same payment amounts for the care and supervision of a child who is living with a teen parent they received in foster care as a whole family foster home.\n(6) On and after January 1, 2012, the rate paid for a child living with a teen parent in a whole family foster home as defined in Section 11400 shall also be paid for a child living with a nonminor dependent parent who is eligible to receive AFDC-FC or Kin-GAP pursuant to Section 11403.\n(e) The rate paid for a pregnant minor or nonminor dependent for the month in which the birth is anticipated and for the three-month period immediately prior to the month in which the birth is anticipated shall include the amount that would otherwise be paid under this section to cover the care and supervision of a child, if born. Any amount paid pursuant to this subdivision shall be used to meet the specialized needs of the pregnant minor or nonminor dependent and to properly prepare for the needs of the infant. Verification of pregnancy is a condition of eligibility for aid under this subdivision.\nSEC. 2.\nSection 1.5 of this bill incorporates amendments to Section 11465 of the Welfare and Institutions Code proposed by both this bill and Assembly Bill 1997. 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 11465 of the Welfare and Institutions Code, and (3) this bill is enacted after Assembly Bill 1997, in which case Section 1 of this bill shall not become operative.\nSEC. 3.\nTo the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state nor otherwise be subject to Section 6 of Article XIII\u2009B of the California Constitution.","title":""}
{"_id":"c210","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 200 of the Fish and Game Code is amended to read:\n200.\n(a) There is hereby delegated to the commission the power to regulate the taking or possession of birds, mammals, fish, amphibia, and reptiles for purposes that include, but are not limited to, public health and safety, to the extent and in the manner prescribed in this article.\n(b) No power is delegated to the commission by this article to regulate the taking, possessing, processing, or use of fish, amphibia, kelp, or other aquatic plants for commercial purposes, and no provision of this code relating or applying thereto, nor any regulation of the commission made pursuant to these provisions, shall be affected by this article or any regulation made under this article.\nSEC. 2.\nSection 200.5 is added to the Fish and Game Code, to read:\n200.5.\n(a) The Legislature finds and declares all of the following:\n(1) The California Supreme Court In re Makings (1927) 200 Cal. 474, determined that Section 25\n1\/2\nof Article IV of the California Constitution, as currently set forth in Section 20 of Article IV, prohibits local governmental entities from regulating, or interfering with, fish and game matters in any manner and places this responsibility with the Legislature in order to conserve California\u2019s fish and wildlife and permit the greatest use of fish and game resources compatible with the reasonable protection thereof.\n(2) The commission was established in 1870 to assist in the scientific, evidence-based management of California\u2019s fish and wildlife resources. The California Constitution permits the Legislature to delegate to the commission certain powers relating to the management of fish and game, and the Legislature has delegated to the commission regulatory powers over the taking and possession of fish and game, as set forth in this code.\n(3) Hunting and fishing are statistically among the safest outdoor recreational activities, and are already well regulated by the state through means that include, but are not limited to, mandatory safety and education requirements, discharge laws for firearms used to take wildlife, and regulations adopted by the commission. Additional local regulation would be unnecessary, would impede the proper administration of state fish and game laws, and would create significant enforcement issues. Hunting and fishing activities are also compatible with other recreational uses on many public lands and waters throughout the state.\n(b) In enacting this section and Section 200.6, it is the intent of the Legislature to affirm, subject to applicable federal law, the exclusive legal authority granted to the commission and the department with regard to the taking and possession of fish and game and thereby ensure necessary statewide control by the commission and the department over fish and game matters for wildlife conservation purposes, the protection of, and access to, hunting and fishing opportunities for the public, and for public health and safety purposes.\n(c) It is the intent of the Legislature to expressly preempt local ordinances regarding the taking or possession of fish and game, as provided in Section 200.6.\n(d) It is the intent of the Legislature that local governments pursue requests for regulation of hunting, fishing, and depredation permits pursuant to Section 207.\nSEC. 3.\nSection 200.6 is added to the Fish and Game Code, to read:\n200.6.\n(a) The state fully occupies the field of the taking and possession of fish and game pursuant to this code, regulations adopted by the commission pursuant to this code, and Section 20 of Article IV of the California Constitution, and all local ordinances and regulations regarding the taking and possession of fish and game are subject to this section.\n(b) The commission, the department, or any other governmental entity legally authorized to affect hunting and fishing on navigable waters held in public trust shall ensure that the recreation rights of the public guaranteed under Section 25 of Article I and Section 4 of Article X of the California Constitution are protected in a manner consistent with those provisions.\n(c) (1) Unless expressly authorized by this code, other state law, or federal law, the commission and the department are the only entities in the state that may adopt or promulgate regulations regarding the taking or possession of fish and game on any lands or waters within the state.\n(2) Nothing in this section prohibits a public or private landowner, or the landowner\u2019s designee, from controlling access or use, including hunting or fishing, on property that the landowner owns in fee, leases, holds an easement upon, or is otherwise expressly authorized to control for those purposes in a manner consistent with state law. However, nothing in this section abridges the public\u2019s rights of navigation, fishing, hunting, or other recreation on waters of the state (see Bohn v. Albertson (1951) 107 Cal.App.2d 738; People ex rel. Baker v. Mack (1971) 19 Cal.App.3d 1040; and 68 Ops.Cal.Atty.Gen. 268 (1985)).\n(3) This section applies only to activities for which a hunting or fishing license or a depredation permit is required by this code or regulations adopted by the commission, and to activities carried out by an employee or agent of the department as part of his or her official duties. Nothing in this section shall be construed to diminish or affect existing legal protections for fish and game-related management, recreation, or other activities not specifically mentioned in this section.\nSEC. 4.\nSection 203.1 of the Fish and Game Code is amended to read:\n203.1.\nWhen adopting regulations pursuant to Section 203 or 205, the commission shall consider populations, habitat, food supplies, the welfare of individual animals, public health and safety, and other pertinent facts and testimony.\nSEC. 5.\nSection 12000 of the\nFish and Game Code\nis amended to read:\n12000.\n(a)Except as expressly provided otherwise in this code, any violation of this code, or of any rule, regulation, or order made or adopted under this code, is a misdemeanor.\n(b)Notwithstanding subdivision (a), a person who violates any of the following statutes or regulations is guilty of an infraction punishable by a fine of not less than one hundred dollars ($100) and not to exceed one thousand dollars ($1,000), or of a misdemeanor:\n(1)Section 2009.\n(2)Subdivision (b) of Section 3004.\n(3)Subdivision (a) of Section 6596.\n(4)Section 7149.8.\n(5)Sections 1.14, 1.17, 1.62, 1.63, and 1.74 of Title 14 of the California Code of Regulations.\n(6)Sections 2.00 to 5.95, inclusive, and 7.00 to 8.00, inclusive, of Title 14 of the California Code of Regulations.\n(7)Sections 27.56 to 30.10, inclusive, of Title 14 of the California Code of Regulations.\n(8)Sections 40 to 43, inclusive, of Title 14 of the California Code of Regulations.\n(9)Section 251.7 of Title 14 of the California Code of Regulations.\n(10)Sections 307, 308, and 311 to 313, inclusive, of Title 14 of the California Code of Regulations.\n(11)Sections 505, 507 to 510, inclusive, and 550 to 553, inclusive, of Title 14 of the California Code of Regulations.\n(12)Section 630 of Title 14 of the California Code of Regulations.\nSEC. 5.\nSection 3004 of the Fish and Game Code is amended to read:\n3004.\n(a) It is unlawful for\nany\na\nperson, other than the owner, person in possession of the premises, or a person having the express permission of the owner or person in possession of the premises,\nto hunt or to discharge while hunting, any firearm or other deadly weapon\nwhile\nwithin 150 yards of\nany\nan\noccupied dwelling house, residence, or other\nbuilding or any\nbuilding, or within 150 yards of a\nbarn or other outbuilding used in connection\ntherewith.\nwith an occupied dwelling house, residence, or other building, to either hunt or discharge a firearm or other deadly weapon while hunting.\nThe 150-yard area is a \u201csafety zone.\u201d\n(b) It is unlawful for\nany\na\nperson to intentionally discharge\nany\na\nfirearm or release\nany\nan\narrow or crossbow bolt over or across\nany\na\npublic road or other established way open to the public in an unsafe\nand reckless\nmanner.\nSEC. 6.\nNo reimbursement is required by this act pursuant to Section 6 of Article XIII\u2009B 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\u2009B of the California Constitution.","title":""}
{"_id":"c119","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 1253.7 is added to the Health and Safety Code, to read:\n1253.7.\n(a) (1) For purposes of this chapter, \u201cobservation services\u201d means outpatient services provided by a general acute care hospital to those patients described in subdivision (e) who have unstable or uncertain conditions potentially serious enough to warrant close observation, but not so serious as to warrant inpatient admission to the hospital. Observation services may include the use of a bed, monitoring by nursing and other staff, and any other services that are reasonable and necessary to safely evaluate a patient\u2019s condition or determine the need for a possible inpatient admission to the hospital.\n(2) For purposes of this chapter, \u201cobservation unit\u201d means an area where observation services are provided in a setting outside of an inpatient\nunit\nunit, and that is not part of an emergency department,\nof a general acute care hospital.\n(b) Observation services in observation units, as defined in subdivision (a), may be provided for a period of no more than 24 hours.\n(c) A general acute care hospital that provides observation services in an observation unit shall apply for approval from the department, pursuant to subdivision (a) of Section 1253.6, to provide services in an observation unit as a supplemental service.\n(d)  The department shall adopt standards and regulations, pursuant to subdivision (a) of Section 1275, for providing observation services in an observation unit as a supplemental service under the general acute care hospital\u2019s license.\n(e) Observation services may be ordered by an appropriately licensed practitioner only for any of the following:\n(1) A patient who has received triage services in the emergency department but has not been admitted as an inpatient.\n(2) A patient who has received outpatient surgical services and procedures.\n(3) A patient who has been admitted as an inpatient and is discharged to receive observation services.\n(4) A patient previously seen in a physician\u2019s office or outpatient clinic.\n(f) Notwithstanding subdivisions (d) and (e) of Section 1275, observation services provided by the general acute care hospital in an observation unit, including the services provided in a freestanding physical plant, as defined in subdivision (g) of Section 1275, shall comply with the same staffing standards, including, but not limited to, licensed nurse-to-patient ratios, as supplemental emergency services.\n(g) A patient receiving observation services shall receive written notice that his or her care is being provided on an outpatient basis, and that this may impact reimbursement by Medicare, Medi-Cal, or private payers of health care services, or cost-sharing arrangements through his or her health care coverage.\n(h) Observation units shall be marked with signage identifying the area as an outpatient area. The signage shall use the term \u201coutpatient\u201d in the title of the area to clearly indicate to all patients and family members that the observation services provided in the center are not inpatient services.\n(i) Observation services shall be deemed outpatient or ambulatory services that are revenue-producing cost centers associated with hospital-based or satellite service locations that emphasize outpatient care. Identifying an observation unit by a name or term other than that used in this subdivision does not exempt the general acute care hospital from the requirement to obtain approval from the department to provide observation services as a distinct supplemental service when observation services are provided in a setting outside of an inpatient unit of a general acute care hospital.\nSEC. 2.\nSection 128740 of the Health and Safety Code is amended to read:\n128740.\n(a) Commencing with the first calendar quarter of 1992, the following summary financial and utilization data shall be reported to the office by each hospital within 45 days of the end of every calendar quarter. Adjusted reports reflecting changes as a result of audited financial statements may be filed within four months of the close of the hospital\u2019s fiscal or calendar year. The quarterly summary financial and utilization data shall conform to the uniform description of accounts as contained in the Accounting and Reporting Manual for California Hospitals and shall include all of the following:\n(1) Number of licensed beds.\n(2) Average number of available beds.\n(3) Average number of staffed beds.\n(4) Number of discharges.\n(5) Number of inpatient days.\n(6) Number of outpatient visits, excluding observation service visits.\n(7) Number of observation service visits and number of hours of services provided.\n(8) Total operating expenses.\n(9) Total inpatient gross revenues by payer, including Medicare, Medi-Cal, county indigent programs, other third parties, and other payers.\n(10) Total outpatient gross revenues by payer, including Medicare, Medi-Cal, county indigent programs, other third parties, and other payers.\n(11) Total observation service gross revenues by payer, including Medicare, Medi-Cal, county indigent programs, other third parties, and other payers.\n(12) Deductions from revenue in total and by component, including the following: Medicare contractual adjustments, Medi-Cal contractual adjustments, and county indigent program contractual adjustments, other contractual adjustments, bad debts, charity care, restricted donations and subsidies for indigents, support for clinical teaching, teaching allowances, and other deductions.\n(13) Total capital expenditures.\n(14) Total net fixed assets.\n(15) Total number of inpatient days, outpatient visits excluding observation services, observation services, and discharges by payer, including Medicare, Medi-Cal, county indigent programs, other third parties, self-pay, charity, and other payers.\n(16) Total net patient revenues by payer including Medicare, Medi-Cal, county indigent programs, other third parties, and other payers.\n(17) Other operating revenue.\n(18) Nonoperating revenue net of nonoperating expenses.\n(b) Hospitals reporting pursuant to subdivision (d) of Section 128760 may provide the items in paragraphs (8), (9), (10), (12), (16), (17), and (18) of subdivision (a) on a group basis, as described in subdivision (d) of Section 128760.\n(c) The office shall make available at cost, to any person, a hardcopy of any hospital report made pursuant to this section and in addition to hardcopies shall make available at cost, a computer tape of all reports made pursuant to this section within 105 days of the end of every calendar quarter.\n(d) The office shall adopt by regulation guidelines for the identification, assessment, and reporting of charity care services. In establishing the guidelines, the office shall consider the principles and practices recommended by professional health care industry accounting associations for differentiating between charity services and bad debts. The office shall further conduct the onsite validations of health facility accounting and reporting procedures and records as are necessary to ensure that reported data are consistent with regulatory guidelines.\nSEC. 3.\nNo reimbursement is required by this act pursuant to Section 6 of Article XIII\u2009B 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\u2009B of the California Constitution.","title":""}
{"_id":"c467","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nThe Legislature finds and declares that Section 2 of this act, which adds Section 1524.4 to the Penal Code, is intended to reduce investigation time and facilitate efficient communication between law enforcement personnel and electronic communication service providers that provide service to the general public and that have received requests from law enforcement personnel for electronic communication and electronic communication information subject to the Electronic Communications Privacy Act (Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code). It shall not be construed to apply to a person or entity solely on the basis that the person or entity is a subscriber to an electronic communication service or a customer of an electronic communication service provider.\nSEC. 2.\nSection 1524.4 is added to the Penal Code, to read:\n1524.4.\n(a) This section applies to a service provider that is subject to the Electronic Communications Privacy Act (Chapter 3.6 (commencing with Section 1546)) and that operates in California. This section does not apply to a service provider that does not offer services to the general public.\n(b) (1) Every service provider described in subdivision (a) shall maintain a law enforcement contact process that meets the criteria set forth in paragraph (2).\n(2) Every service provider described in subdivision (a) shall ensure, at a minimum, that its law enforcement contact process meets all of the following criteria:\n(A) Provides a specific contact mechanism for law enforcement personnel.\n(B) Provides continual availability of the law enforcement contact process.\n(C) Provides a method to provide status updates to a requesting law enforcement agency on a request for assistance.\n(3) Every service provider described in subdivision (a) shall, by July 1, 2017, file a statement with the Attorney General describing the law enforcement contact process maintained pursuant to paragraph (1). If a service provider makes a material change to its law enforcement contact process, the service provider shall, as soon as practicable, file a statement with the Attorney General describing its new law enforcement contact process.\n(c) The Attorney General shall consolidate the statements received pursuant to this section into one discrete record and regularly make that record available to local law enforcement agencies.\n(d) The exclusive remedy for a violation of this section shall be an action brought by the Attorney General for injunctive relief. Nothing in this section shall limit remedies available for a violation of any other state or federal law.\n(e) A statement filed or distributed pursuant to this section is confidential and shall not be disclosed pursuant to any state law, including, but not limited to, the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).\nSEC. 3.\nThe Legislature finds and declares that Section 2 of this act, which adds Section 1524.4 to the Penal Code, imposes a limitation on the public\u2019s 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:\nIn order to protect the internal processes of private businesses from unnecessary intrusion and facilitate contact between law enforcement and private businesses regarding access to information that will protect public health and safety, it is necessary to limit access to statements filed by service providers that describe the service providers\u2019 law enforcement contact processes.\nSEC. 4.\nThe Legislature finds and declares that Section 2 of this act, which adds Section 1524.4 to the Penal 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:\nBy facilitating contact between law enforcement and service providers regarding access to information that will protect public health and safety and by appropriately limiting access to internal business processes, this bill furthers the purpose of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.\nSEC. 5.\nNo reimbursement is required by this act pursuant to Section 6 of Article XIII\u2009B 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.","title":""}
{"_id":"c311","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 4652.5 of the Welfare and Institutions Code is amended to read:\n4652.5.\n(a) (1) An entity that receives payments from one or more regional centers shall contract with an independent accounting firm to obtain an independent audit or review of its financial statements relating to payments made by regional centers subject to all of the following:\n(A) If the amount received from the regional center or regional centers during the entity\u2019s fiscal year is more than or equal to five hundred thousand dollars ($500,000) but less than two million dollars ($2,000,000), the entity shall obtain an independent audit or independent review report of its financial statements for the period. Consistent with Subchapter 21 (commencing with Section 58800) of Title 17 of the California Code of Regulations, this subdivision shall also apply to work activity program providers receiving less than two hundred fifty thousand dollars ($250,000).\n(B) If the amount received from the regional center or regional centers during the entity\u2019s fiscal year is equal to or more than two million dollars ($2,000,000), the entity shall obtain an independent audit of its financial statements for the period.\n(2) This requirement does not apply to payments made using usual and customary rates, as defined by Title 17 of the California Code of Regulations, for services provided by regional centers or social security benefit payments.\n(3) This requirement does not apply to state and local governmental agencies, the University of California, or the California State University.\n(b) An entity subject to subdivision (a) shall provide copies of the independent audit or independent review report required by subdivision (a), and accompanying management letters, to the vendoring regional center within\n30 days after completion of the audit or review.\nnine months of the end of the fiscal year for the entity.\n(c) Regional centers that receive the audit or review reports required by subdivision (b) shall review and require resolution by the entity for issues identified in the report that have an impact on regional center services. Regional centers shall take appropriate action, up to termination of vendorization, for lack of adequate resolution of issues.\n(d) Regional centers shall notify the department of all qualified opinion reports or reports noting significant issues that directly or indirectly impact regional center services within 30 days after receipt. Notification shall include a plan for resolution of issues.\n(e) For purposes of this section, an independent review of financial statements shall be performed by an independent accounting firm and shall cover, at a minimum, all of the following:\n(1) An inquiry as to the entity\u2019s accounting principles and practices and methods used in applying them.\n(2) An inquiry as to the entity\u2019s procedures for recording, classifying, and summarizing transactions and accumulating information.\n(3) Analytical procedures designed to identify relationships or items that appear to be unusual.\n(4) An inquiry about budgetary actions taken at meetings of the board of directors or other comparable meetings.\n(5) An inquiry about whether the financial statements have been properly prepared in conformity with generally accepted accounting principles and whether any events subsequent to the date of the financial statements would have a material effect on the statements under review.\n(6) Working papers prepared in connection with a review of financial statements describing the items covered as well as any unusual items, including their disposition.\n(f) For purposes of this section, an independent review report shall cover, at a minimum, all of the following:\n(1) Certification that the review was performed in accordance with standards established by the American Institute of Certified Public Accountants.\n(2) Certification that the statements are the representations of management.\n(3) Certification that the review consisted of inquiries and analytical procedures that are lesser in scope than those of an audit.\n(4) Certification that the accountant is not aware of any material modifications that need to be made to the statements for them to be in conformity with generally accepted accounting principles.\n(g) The department shall not consider a request for adjustments to rates submitted in accordance with Title 17 of the California Code of Regulations by an entity receiving payments from one or more regional centers solely to fund either anticipated or unanticipated changes required to comply with this section.\n(h) (1) An entity required to obtain an independent audit or independent review of its financial statement pursuant to subparagraph (A) of paragraph (1) of subdivision (a) may apply to the regional center for, and the regional center shall grant, a two-year exemption from the independent audit or independent review requirement if the regional center does not find issues in the prior year\u2019s independent audit or independent review that have an impact on regional center services.\n(2) An entity required to obtain an independent audit of its financial statements pursuant to subparagraph (B) of paragraph (1) of subdivision (a) may apply to the regional center for an exemption from the independent audit requirement, subject to all of the following conditions:\n(A) If the independent audit for the prior year resulted in an unmodified opinion or an unmodified opinion with additional communication, the regional center shall grant the entity a two-year exemption.\n(B) If the independent audit for the prior year resulted in a qualified opinion and the issues are not material and pervasive, the regional center shall grant the entity a two-year exemption. However, the entity and the regional center shall continue to address issues raised in this independent audit, regardless of whether the exemption is granted.\n(3) A regional center shall notify the department of any exemption it grants to an entity that receives a qualified opinion report.","title":""}
{"_id":"c175","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 1703 of the Labor Code is amended to read:\n1703.\n(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:\n(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.\n(2) A description of the services to be performed, a statement when those services are to be provided, and the duration of the contract.\n(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.\n(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.\n(5) The following statements, in boldface type and in close proximity to the artist\u2019s signature:\n\u201c(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.\nYOUR RIGHT TO CANCEL\n(enter date of transaction)\nYou 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.\nTo 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).\nCANCELLATION NOTICE\nI hereby cancel this contract.\nDated:\nArtist Signature.\nIf 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.\u201d\n(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.\n(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.\n(c) If the talent service offers to list or display information about an artist, including a photograph, on the service\u2019s 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\u2019s 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.\n(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.\n(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.\n(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.\n(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.\n(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.\n(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.\n(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.\n(j) The talent service shall maintain the original executed contract on file at its place of business.\nSEC. 2.\nSection 1703.4 of the Labor Code is amended to read:\n1703.4.\n(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:\n(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.\n(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.\n(3) Charge or attempt to charge an artist for an audition or employment opportunity.\n(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.\n(5) Charge or attempt to charge an artist any fee not disclosed pursuant to paragraph (4) of subdivision (a) of Section 1703.\n(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.\n(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.\n(8) Accept any compensation or other consideration for referring an artist to any person charging the artist a fee.\n(9) Fail to remove information about, or photographs of, the artist displayed on the talent service\u2019s 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.\n(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.\n(c) A talent listing service and its owners, officers, directors, agents, and employees shall not do any of the following:\n(1) Own, operate, or have a direct or indirect financial interest in a talent training service or a talent counseling service.\n(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.\n(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.\nSEC. 3.\nNo reimbursement is required by this act pursuant to Section 6 of Article XIII\u2009B 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\u2009B of the California Constitution.","title":""}
{"_id":"c116","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 12439 of the Government Code is repealed.\n12439.\n(a)Beginning July 1, 2002, any state position that is vacant for six consecutive monthly pay periods shall be abolished by the Controller on the following July 1. The six consecutive monthly pay periods may occur entirely within one fiscal year or between two consecutive fiscal years.\n(b)The Director of Finance may authorize the reestablishment of any positions abolished pursuant to this section if one or more of the following conditions existed during part or all of the six consecutive monthly pay periods:\n(1)There was a hiring freeze in effect during part or all of the six consecutive pay periods.\n(2)The department has diligently attempted to fill the position, but was unable to complete all the steps necessary to fill the position within six months.\n(3)The position has been designated as a management position for purposes of collective bargaining and has been held vacant pending the appointment of the director, or other chief executive officer, of the department as part of the transition from one Governor to the succeeding Governor.\n(4)The classification of the position is determined to be hard-to-fill.\n(5)Late enactment of the budget causes the department to delay filling the position.\n(c)The Controller shall reestablish any position for which the director of the department in which that position existed prior to abolishment certifies by August 15 that one or more of the following conditions existed during part or all of the six consecutive pay periods:\n(1)The position is necessary for directly providing 24-hour care in an institution operated by the state.\n(2)The position is necessary for the state to satisfy any licensing requirements adopted by a local, state, or federal licensing or other regulatory agency.\n(3)The position is directly involved in services for public health, public safety, or homeland security.\n(4)The position is being held vacant because the previous incumbent is eligible to exercise a mandatory right of return from a leave of absence as may be required by any provision of law including, but not limited to, leaves for industrial disability, nonindustrial disability, military service, pregnancy, childbirth, or care of a newborn infant.\n(5)The position is being held vacant because the department has granted the previous incumbent a permissive leave of absence as may be authorized by any provision of law including, but not limited to, leaves for adoption of a child, education, civilian military work, or to assume a temporary assignment in another agency.\n(6)Elimination of the position will directly reduce state revenues or other income by more than would be saved by elimination of the position.\n(7)The position is funded entirely from moneys appropriated pursuant to Section 221 of the Food and Agricultural Code, was established with the Controller pursuant to Section 221.1 of the Food and Agricultural Code, and directly responds to unforeseen agricultural circumstances requiring the relative expertise that the position provides.\n(d)Each department shall maintain for future independent audit all records on which the department relied in determining that any position or positions satisfied one or more of the criteria specified in paragraphs (1) to (6), inclusive, of subdivision (c).\n(e)The only other exceptions to the abolishment required by subdivision (a) are those positions exempt from civil service or those instructional and instruction-related positions authorized for the California State University. No money appropriated by the subsequent Budget Act shall be used to pay the salary of any otherwise authorized state position that is abolished pursuant to this section.\n(f)The Controller, no later than September 10 of each fiscal year, shall furnish the Department of Finance in writing a preliminary report of any authorized state positions that were abolished effective on the preceding July 1 pursuant to this section.\n(g)The Controller, no later than October 15 of each fiscal year, shall furnish the Joint Legislative Budget Committee and the Department of Finance a final report on all positions that were abolished effective on the preceding July 1.\n(h)Departments shall not execute any personnel transactions for the purpose of circumventing the provisions of this section.\n(i)Each department shall include a section discussing its compliance with this section when it prepares its report pursuant to Section 13405.\n(j)As used in this section, department refers to any department, agency, board, commission, or other organizational unit of state government that is empowered to appoint persons to civil service positions.\n(k)This section shall become operative July 1, 2002.\nSEC. 2.\nSection 22775 of the Government Code is amended to read:\n22775.\n\u201cFamily member\u201d means an employee\u2019s or annuitant\u2019s spouse or domestic partner and any child, including an adopted child, a stepchild, or recognized natural child. The board shall, by regulation, prescribe age limits and other conditions and limitations pertaining to children.\n\u201cFamily member\u201d does not include a former spouse or former domestic partner of an employee or annuitant.\nSEC. 3.\nSection 22781 of the Government Code is amended to read:\n22781.\n\u201cPrefunding\u201d means the making of periodic payments by an employer\nor employee\nto partially or completely\nfund or\namortize the\nactuarially determined normal costs or\nunfunded actuarial obligation of the employer for\npostemployment\nhealth\ncare\nbenefits provided to annuitants and their family members.\nSEC. 4.\nSection 22843.1 is added to the Government Code, to read:\n22843.1.\n(a) Pursuant to standards established by the Department of Human Resources, the employing office of a state employee or state annuitant shall possess documentation verifying eligibility of an employee\u2019s or annuitant\u2019s family member prior to the enrollment of a family member in a health benefit plan. The employing office shall maintain the verifying documentation in the employee or annuitant\u2019s official personnel or member file.\n(b) The employing office of the state employee or state annuitant shall obtain verifying documentation to substantiate the continued eligibility of family members as follows:\n(1) At least once every three years for the following family members:\n(A) Spouses.\n(B) Domestic partners.\n(C) Children and stepchildren.\n(D) Domestic partner children.\n(2) At least once annually for other children for whom the state employee or state annuitant has assumed a parent-child relationship.\n(c) For purposes of this section, the Public Employees\u2019 Retirement System is the employing office of a state annuitant.\nSEC. 5.\nSection 22844 of the Government Code is amended to read:\n22844.\n(a) Employees, annuitants, and family members who become eligible to enroll on or after January 1, 1985, in Part A and Part B of Medicare\nmay\nshall\nnot be enrolled in a basic health benefit plan. If the employee, annuitant, or family member is enrolled in Part A and Part B of Medicare, he or she may enroll in a Medicare health benefit plan.\n(b) Employees, annuitants, and family members enrolled in a prescription drug plan under Part D of Medicare\nmay\nshall\nnot be enrolled in a board-approved health benefit plan. This subdivision does not apply to an individual enrolled in a board-approved or offered health benefit plan that provides a prescription drug plan or qualified prescription drug coverage under Part D of Medicare as part of its benefit design.\n(c) This section does not apply to employees and family members that are specifically excluded from enrollment in a Medicare health benefit plan by federal law or\nfederal\nregulation.\n(d) The board shall not grant any further exemptions to this section after July 1, 2015.\nSEC. 6.\nSection 22865 of the Government Code is amended to read:\n22865.\nPrior\nNot later than 30 days prior\nto the approval of\nproposed\nbenefits and premium readjustments authorized under Section 22864, the board shall\nnotify\nprovide an initial estimate of proposed changes and costs in writing to\nthe\nLegislature,\nJoint Legislative Budget Committee,\nthe\nchairpersons of the committees and subcommittees in each house of the Legislature that consider the Public Employees\u2019 Retirement System\u2019s budget and activities, the State Controller, the\nTrustees of the California State University,\nand\nthe Department of Human\nResources\nResources, the Director\nof\nFinance, and\nthe\nproposed changes in writing.\nLegislative Analyst.\nSEC. 7.\nSection 22866 of the Government Code is amended to read:\n22866.\n(a)\nThe board shall report to the Legislature\nand the Director of Finance\nannually, on November 1, regarding the\nsuccess or failure of each\nhealth\nbenefit plan.\nbenefits program.\nThe report shall include, but not be limited\nto, the costs\nto the\nboard and to participants, the degree of satisfaction of members and annuitants with the health benefit plans and with the quality of the care provided, as determined by a representative sampling of participants, and the level of accessibility to preferred providers for rural members who do not have access to health maintenance organizations.\nfollowing:\n(1) General overview of the health benefits program, including, but not limited to, the following:\n(A) Description of health plans and benefits provided, including essential and nonessential benefits as required by state and federal law, member expected out-of-pocket expenses, and actuarial value by metal tier as defined 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).\n(B) Geographic coverage.\n(C) Historic enrollment information by basic and medicare plans, by state and contract agencies, by active and retired membership, and by subscriber and dependent tier.\n(D) Historic expenditures by basic and medicare plans, by state and contract agencies, by active and retired membership, and by subscriber and dependent tier.\n(2) Reconciliation of premium increases or decreases from the prior plan year, and the reasons for those changes.\n(A) Description of benefit design and benefit changes, including prescription drug coverage, by plan. The description shall detail whether benefit changes were required by statutory mandate, federal law, or an exercise of the board\u2019s discretion, the costs or savings of the benefit change, and the impact of how the changes fit into a broader strategy.\n(B) Discussion of risk.\n(C) Description of medical trend changes in aggregate service categories for each plan. The aggregate service categories used shall include the standard categories of information collected by the board, consisting of the following: inpatient, emergency room, ambulatory surgery, office, ambulatory radiology, ambulatory lab, mental health and substance abuse, other professional, prescriptions, and all other service categories.\n(D) Reconciliation of past year premiums against actual enrollments, revenues, and accounts receivables.\n(3) Overall member health as reflected by data on chronic conditions.\n(4) The impact of federal subsidies or contributions to the health care of members, including Medicare Part A, Part B, Part C, or Part D, low-income subsidies, or other federal program.\n(5) The cost of benefits beyond Medicare contained in the board\u2019s Medicare supplemental plans.\n(6) A description of plan quality performance and member satisfaction, including, but not limited to, the following:\n(A) The Healthcare Effectiveness Data and Information Set, referred to as HEDIS.\n(B) The Medicare star rating for Medicare supplemental plans.\n(C) The degree of satisfaction of members and annuitants with the health benefit plans and with the quality of the care provided, to the extent the board surveys participants.\n(D) The level of accessibility to preferred providers for rural members who do not have access to health maintenance organizations.\n(E) Other applicable quality measurements collected by the board as part of the board\u2019s health plan contracts.\n(7) A description of risk assessment and risk mitigation policy related to the board\u2019s self-funded and flex-funded plan offerings, including, but not limited to the following:\n(A) Reserve levels and their adequacy to mitigate plan risk.\n(B) The expected change in reserve levels and the factors leading to this change.\n(C) Policies to reduce excess reserves or rebuild inadequate reserves.\n(D) Decisions to lower premiums with excess reserves.\n(E) The use of reinsurance and other alternatives to maintaining reserves.\n(8) Description and reconciliation of administrative expenditures, including, but not limited to, the following:\n(A) Organization and staffing levels, including salaries, wages, and benefits.\n(B) Operating expenses and equipment expenditure items, including, but not limited to, internal and external consulting and intradepartmental transfers.\n(C) Funding sources.\n(D) Investment strategies, historic investment performance, and expected investment returns of the Public Employees\u2019 Contingency Reserve Fund and the Public Employees\u2019 Health Care Fund.\n(9) Changes in strategic direction and major policy initiatives.\n(b) A report submitted pursuant to subdivision (a) shall be provided in compliance with Section 9795.\nSEC. 8.\nSection 22940 of the Government Code is amended to read:\n22940.\n(a)\nThere is in the State Treasury the Annuitants\u2019 Health Care Coverage Fund that is a trust fund and a retirement fund, within the meaning of Section 17 of Article XVI of the California Constitution.\nNotwithstanding\nSubject to the limitation provided in subdivision (b), notwithstanding\nSection 13340, all moneys in the fund are continuously appropriated without regard to fiscal years to the board for expenditure for the prefunding of health care coverage for annuitants pursuant to this part, including administrative costs. The board has sole and exclusive control and power over the administration and investment of the Annuitants\u2019 Health Care Coverage Fund and shall make investments pursuant to Part 3 (commencing with Section 20000).\n(b) (1) Moneys accumulated in the designated state subaccounts of the fund, or a successor fund, that are derived from investment income shall not be used to pay benefits for state annuitants and dependents until the earlier of:\n(A) With regard to a particular designated state subaccount, the date the funded ratio of the designated state subaccount reaches at least 100 percent as determined in that employer\u2019s postemployment benefits actuarial valuation and then only for the purpose of paying benefits for state annuitants and dependents associated with that subaccount.\n(B) July 1, 2046.\n(2) For purposes of this subdivision, \u201cdesigned state subaccount\u201d means a separate account maintained within the fund to identify prefunding contributions and assets attributable to a specified state collective bargaining unit or other state entity for the purpose of providing benefits to state annuitants and dependents associated with a specified collective bargaining unit or other state entity.\n(3) This subdivision shall not be construed as prohibiting an alternative funding strategy agreed to in a written memorandum of understanding.\nSEC. 9.\nThis act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately.\nSECTION 1.\nIt is the intent of the Legislature to enact statutory changes relating to the Budget Act of 2015.","title":""}
{"_id":"c416","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nThe Legislature finds and declares all of the following:\n(a)  In 1977, the United States Food and Drug Administration (FDA) concluded that feeding livestock low doses of antibiotics from antibiotic classes that are used in human disease treatment could promote the development of antibiotic-resistance in bacteria and pose a risk to human health. The FDA, however, did not act in response to these findings, despite laws requiring the agency to do so.\n(b)  The FDA issued voluntary guidance in December 2013 on the nontherapeutic use of antibiotics; however, this guidance is unlikely to significantly reduce the nontherapeutic use of antibiotics in livestock because of a broad exemption allowing for the use of antibiotics for disease prevention.\n(c)  Not only do antibiotic-resistant bacteria affect the health of our society, but they also have a monetary impact. In 1998, the National Academy of Sciences noted that antibiotic-resistant bacteria generate a minimum of four to five billion dollars in costs to United States society and individuals every year. In 2009, in a study funded by the federal Centers for Disease Control and Prevention, Cook County Hospital and Alliance for Prudent Use of Antibiotics estimated that the total health care cost of antibiotic-resistant infections in the United States was between $16.6 billion and $26 billion annually. Societal costs from lost productivity due to illnesses were estimated to be an additional $35 billion.\n(d)  In April 1999, the United States Government Accountability Office conducted a study concluding that three strains of microorganisms that cause foodborne illnesses or disease in humans are resistant to antibiotics and are linked to the use of antibiotics in animals. These microorganisms that cause foodborne illnesses or disease in humans are resistant to antibiotics and are linked to the use of antibiotics in animals. These microorganisms are salmonella, campylobacter, and E. Coli.\n(e)  In 1999, 2006, and 2011, the United States Department of Agriculture\u2019s Animal and Plant Health Inspection Service conducted large-scale, voluntary surveys that revealed all of the following:\n(1)  Eighty-four percent of grower and finisher swine farms, 83 percent of cattle feedlots, and 84 percent of sheep farms administer antimicrobials in feed or water for either health or growth promotion reasons.\n(2)  Many of the antimicrobials that were identified were identical or closely related to drugs used in human medicine, including tetracyclines, macrolides, bactricin, penicilllins, and sulfonamides.\n(3)  These drugs are used in people to treat serious diseases, such as pneumonia, scarlet fever, rheumatic fever, sexually transmitted infections, and skin infections; pandemics such as malaria and plague; and bioterrorism agents such as anthrax.\n(f) In June 2002, the peer-reviewed journal, \u201cClinical Infectious Diseases,\u201d published a report based on a two-year review, by experts in human and veterinary medicine, public health, microbiology, biostatistics, and risk analysis, of more than 500 scientific studies on the human health impacts of antimicrobial use in agriculture. The report recommended that antimicrobial agents should not be used in agriculture in the absence of disease and should be limited to therapy for diseased individual animals or prophylaxis when disease is documented in a herd or flock.\n(g) In a March 2003 report, the National Academy of Sciences stated that a decrease in antimicrobial use in human medicine alone will have little effect on the rise in antibiotic-resistant bacteria and that substantial efforts must be made to decrease the inappropriate overuse of antimicrobials in animals and agriculture.\n(h) In 2010, the peer-reviewed journal, \u201cMolecular Cell,\u201d published a study demonstrating that a low-dosage use of antibiotics causes a dramatic increase in genetic mutation, raising new concerns about the agricultural practice of using low-dosage antibiotics in order to stimulate growth promotion and routinely prevent disease in unhealthy conditions.\n(i) In 2010, the Danish Veterinary and Food Administration testified that the Danish ban of the nontherapeutic use of antibiotics in food animal production resulted in a marked reduction in antimicrobial resistance in multiple bacterial species, including Campylobacter and Enterococci.\n(j) In 2011, the FDA found that in 2010:\n(1) Thirteen million five hundred thousand kilograms of antibacterial drugs were sold for use on food animals in the United States.\n(2) Three million three hundred thousand kilograms of antibacterial drugs were used for human health.\n(3) Eighty percent of antibacterial drugs, and over 70 percent of medically important antibacterial drugs, disseminated in the United States were sold for use on food-producing animals, rather than being used for human health.\n(k) In 2011, a review of all scientific studies on antimicrobial use in farm animals, published in Clinical Microbiology Reviews, found the following:\n(1) That the use of antibiotics in food-producing animals leads to the development of reservoirs of antibiotic resistance, that antibiotic-resistant bacteria can spread through food, water, air, soil, and meat-industry workers, and that bacteria can share resistance genes with each other.\n(2) A ban on nontherapeutic antibiotic use in food-producing animals would preserve the use of antibiotics for medicine.\n(3) A Danish ban on nontherapeutic antibiotics in food-producing animals resulted in little change in animal morbidity and mortality, and only a modest increase in production cost.\n(l) The federal Centers for Disease Control and Prevention (CDC) concluded in a recent report, \u201cAntibiotic Resistance Threats in the United States, 2013,\u201d that overuse or misuse of antibiotics contributes to the spread of antibiotic resistance, whether in human medicine or in agriculture. The CDC estimated that antibiotic resistance causes at least 23,000 deaths and two million illnesses every year.\n(m) In 2013, the peer-reviewed journal, \u201cThe Journal of the American Medical Association,\u201d published a study showing higher levels of antibiotic-resistant skin and soft-tissue infections in people living in proximity to hog farms or fields treated with swine manure in Pennsylvania. Similarly, in 2014, the peer-reviewed journal, \u201cInfection Control and Hospital Epidemiology,\u201d published a study focused on hospitalized veterans in rural areas of Iowa, finding that people living in close proximity to a swine-feeding operation were nearly three times as likely to have been affected by methicillin-resistant Staphylococcus aureus (MRSA) at the time of admission to the hospital.\n(n) The FDA\u2019s National Antimicrobial Resistance Monitoring System routinely finds that retail meat products are contaminated with bacteria that are resistant to antibiotics that are important to human medicine.\n(o) According to the American Academy of Pediatrics, \u201cthe largest nonhuman use of antimicrobial agents is in food-producing animal production, and most of this is in healthy animals to increase growth or prevent diseases. Evidence now exists that these uses of antimicrobial agents in food-producing animals have a direct negative impact on human health and multiple impacts on the selection and dissemination of resistance genes in animals and the environment. Children are at increased risk of acquiring many of these infections with resistant bacteria and are at great risk of severe complications if they become infected.\u201d\n(p) Many scientific studies confirm that the nontherapeutic use of antibiotics in food-producing animals contributes to the development of antibiotic-resistant bacterial infections in people.\n(q) The spread of antibiotic-resistant bacteria poses a risk to the health of Californians and reduced use of antibiotics for livestock production is likely to reduce the risks of the rise and spread of antibiotic-resistant bacteria through food and other pathways, thus reducing the risk to Californians.\nSEC. 2.\nIt is the intent of the Legislature to enact legislation that would address the overuse of antibiotics in livestock production.","title":""}
{"_id":"c163","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 1507.6 of the Health and Safety Code is amended to read:\n1507.6.\n(a) Mental health services, as deemed necessary by the placing agency, may be provided to children in a group home. Except for the physical safety and direct care and supervision of children so placed, the State Department of Social Services and its agents shall not evaluate or have responsibility or liability for the evaluation of mental health services provided in those homes. Supervision of mental health treatment services provided to a child in a group home shall be a case management responsibility of the placing agency.\n(b) (1) Psychotropic medications shall be used only in accordance with the written directions of the physician prescribing the medication and as authorized by the juvenile court pursuant to Section 369.5 or 739.5 of the Welfare and Institutions Code.\n(2) The facility shall maintain in a child\u2019s records all of the following information:\n(A) A copy of any court order authorizing the psychotropic medication for the child.\n(B) A separate log for each psychotropic medication prescribed for the child, showing all of the following:\n(i) The name of the medication.\n(ii) The date of the prescription.\n(iii) The quantity of medication and number of refills initially prescribed.\n(iv) When applicable, any additional refills prescribed.\n(v) The required dosage and directions for use as specified in writing by the physician prescribing the medication, including any changes directed by the physician.\n(vi) The date and time of each dose taken by the child.\n(3) This subdivision does not apply to a runaway and homeless youth shelter, as defined in Section 1502.\nSEC. 2.\nSection 1536 of the Health and Safety Code is amended to read:\n1536.\n(a) (1) At least annually, the department shall publish and make available to interested persons a list or lists covering all licensed community care facilities, other than foster family homes and certified family homes of foster family agencies providing 24-hour care for six or fewer foster children, and the services for which each facility has been licensed or issued a special permit.\n(2) For a group home, transitional housing placement provider, community treatment facility, runaway and homeless youth shelter, or short-term residential treatment center, the list shall include both of the following:\n(A) The number of licensing complaints, types of complaint, and outcomes of complaints, including citations, fines, exclusion orders, license suspensions, revocations, and surrenders.\n(B) The number, types, and outcomes of law enforcement contacts made by the facility staff or children, as reported pursuant to subdivision (a) of Section 1538.7.\n(b) Subject to subdivision (c), to encourage the recruitment of foster family homes and certified family homes of foster family agencies, protect their personal privacy, and to preserve the security and confidentiality of the placements in the homes, the names, addresses, and other identifying information of facilities licensed as foster family homes and certified family homes of foster family agencies providing 24-hour care for six or fewer children shall be considered personal information for purposes of 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). This information shall not be disclosed by any state or local agency pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code), except as necessary for administering the licensing program, facilitating the placement of children in these facilities, and providing names and addresses, upon request, only to bona fide professional foster parent organizations and to professional organizations educating foster parents, including the Foster and Kinship Care Education Program of the California Community Colleges.\n(c) Notwithstanding subdivision (b), the department, a county, or a foster family agency may request information from, or divulge information to, the department, a county, or a foster family agency, regarding a prospective certified parent, foster parent, or relative caregiver for the purpose of, and as necessary to, conduct a reference check to determine whether it is safe and appropriate to license, certify, or approve an applicant to be a certified parent, foster parent, or relative caregiver.\n(d) The department may issue a citation and, after the issuance of that citation, may assess a civil penalty of fifty dollars ($50) per day for each instance of a foster family agency\u2019s failure to provide the department with the information required by subdivision (h) of Section 88061 of Title 22 of the California Code of Regulations.\n(e) The Legislature encourages the department, when funds are available for this purpose, to develop a database that would include all of the following information:\n(1) Monthly reports by a foster family agency regarding family homes.\n(2) A log of family homes certified and decertified, provided by a foster family agency to the department.\n(3) Notification by a foster family agency to the department informing the department of a foster family agency\u2019s determination to decertify a certified family home due to any of the following actions by the certified family parent:\n(A) Violating licensing rules and regulations.\n(B) Aiding, abetting, or permitting the violation of licensing rules and regulations.\n(C) Conducting oneself in a way that is inimical to the health, morals, welfare, or safety of a child placed in that certified family home.\n(D) Being convicted of a crime while a certified family parent.\n(E) Knowingly allowing any child to have illegal drugs or alcohol.\n(F) Committing an act of child abuse or neglect or an act of violence against another person.\n(f) At least annually, the department shall post on its Internet Web site a statewide summary of the information gathered pursuant to Sections 1538.8 and 1538.9. The summary shall include only de-identified and aggregate information that does not violate the confidentiality of a child\u2019s identity and records.\nSEC. 3.\nSection 1538.8 is added to the Health and Safety Code, to read:\n1538.8.\n(a) (1) In order to review and evaluate the use of psychotropic medications in group homes, the department shall compile, to the extent feasible and not otherwise prohibited by law and based on information received from the State Department of Health Care Services, at least annually, information concerning each group home, including, but not limited to, the child welfare psychotropic medication measures developed by the department and the following Healthcare Effectiveness Data and Information Set (HEDIS) measures related to psychotropic medications:\n(A) Follow-Up Care for Children Prescribed Attention Deficit Hyperactivity Disorder Medication (HEDIS ADD), which measures the number of children 6 to 12 years of age, inclusive, who have a visit with a provider with prescribing authority within 30 days of the new prescription.\n(B) Use of Multiple Concurrent Antipsychotics in Children and Adolescents (HEDIS APC), which does both of the following:\n(i) Measures the number of children receiving an antipsychotic medication for at least 60 out of 90 days and the number of children who additionally receive a second antipsychotic medication that overlaps with the first.\n(ii) Reports a total rate and age stratifications including 6 to 11 years of age, inclusive, and 12 to 17 years of age, inclusive.\n(C) Use of First-Line Psychosocial Care for Children and Adolescents on Antipsychotics (HEDIS APP), which measures whether a child has received psychosocial services 90 days before through 30 days after receiving a new prescription for an antipsychotic medication.\n(D) Metabolic Monitoring for Children and Adolescents on Antipsychotics (HEDIS APM), which does both of the following:\n(i) Measures testing for glucose or HbA1c and lipid or cholesterol of a child who has received at least two different antipsychotic prescriptions on different days.\n(ii) Reports a total rate and age stratifications including 6 to 11 years of age, inclusive, and 12 to 17 years of age, inclusive.\n(2) The department shall post the list of data to be collected pursuant to this subdivision on the department\u2019s Internet Web site.\n(b) The data in subdivision (a) concerning psychotropic medication, mental health services, and placement shall be drawn from existing data maintained by the State Department of Health Care Services and the State Department of Social Services and shared pursuant to a data sharing agreement meeting the requirements of all applicable state and federal laws and regulations.\n(c) This section does not apply to a runaway and homeless youth shelter, as defined in Section 1502.\nSEC. 4.\nSection 1538.9 is added to the Health and Safety Code, to read:\n1538.9.\n(a) (1) (A) The department shall consult with the State Department of Health Care Services and stakeholders to establish a methodology for identifying those group homes providing care under the AFDC-FC program pursuant to Sections 11460 and 11462 of the Welfare and Institutions Code that have levels of psychotropic drug utilization warranting additional review. The methodology shall be adopted on or before July 1, 2016.\n(B) Every three years after adopting the methodology developed under subparagraph (A), or earlier if needed, the department shall consult with the State Department of Health Care Services and stakeholders and revise the methodology, if necessary.\n(2) If the department, applying the methodology described in paragraph (1), determines that a facility appears to have levels of psychotropic drug utilization warranting additional review, it shall inspect the facility at least once a year.\n(3) The inspection of the facility shall include, but not be limited to, a review of the following:\n(A) Plan of operation, policies, procedures, and practices.\n(B) Child-to-staff ratios.\n(C) Staff qualifications and training.\n(D) Implementation of children\u2019s needs and services plan.\n(E) Availability of psychosocial and other alternative treatments to the use of psychotropic medications.\n(F) Other factors that the department determines contribute to levels of psychotropic drug utilization that warrant additional review.\n(G) Confidential interviews of children residing in the facility at the time of the inspection.\n(4) The inspection of the facility may include, but is not limited to, the following:\n(A) Confidential interviews of children who resided in the facility within the last six months.\n(B) Confidential discussions with physicians identified as prescribing the medications.\n(b) Following an inspection conducted pursuant to this section, the department, as it deems appropriate, may do either or both of the following:\n(1) Share relevant information and observations with county placing agencies, social workers, probation officers, the court, dependency counsel, or the Medical Board of California, as applicable.\n(2) Share relevant information and observations with the facility and require the facility to submit a plan, within 30 days of receiving the information and observations from the department, to address any identified risks within the control of the facility related to psychotropic medication. The department shall approve the plan and verify implementation of the plan to determine whether those risks have been remedied.\n(c) (1) 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), until emergency regulations are filed with the Secretary of State, the department may implement this section through all-county letters or similar instructions.\n(2) On or before January 1, 2017, the department shall adopt regulations to implement this section. The initial adoption, amendment, or repeal of a regulation authorized by this subdivision is deemed to address an emergency, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the department is hereby exempted for that purpose from the requirements of subdivision (b) of Section 11346.1 of the Government Code. After the initial adoption, amendment, or repeal of an emergency regulation pursuant to this section, the department may twice request approval from the Office of Administrative Law to readopt the regulation as an emergency regulation pursuant to Section 11346.1 of the Government Code. The department shall adopt final regulations on or before January 1, 2018.\n(d) Nothing in this section does any of the following:\n(1) Replaces or alters other requirements for responding to complaints and making inspections or visits to group homes, including, but not limited to, those set forth in Sections 1534 and 1538.\n(2) Prevents or precludes the department from taking any other action permitted under any other law, including any regulation adopted pursuant to this chapter.\n(e) This section does not apply to a runaway and homeless youth shelter, as defined in Section 1502.\nSEC. 5.\nSection 11469 of the Welfare and Institutions Code is amended to read:\n11469.\n(a) The department shall develop, following consultation with group home providers, the County Welfare Directors Association of California, the Chief Probation Officers of California, the County Behavioral Health Directors Association of California, the State Department of Health Care Services, and stakeholders, performance standards and outcome measures for determining the effectiveness of the care and supervision, as defined in subdivision (b) of Section 11460, provided by group homes under the AFDC-FC program pursuant to Sections 11460 and 11462. These standards shall be designed to measure group home program performance for the client group that the group home program is designed to serve.\n(1) The performance standards and outcome measures shall be designed to measure the performance of group home programs in areas over which the programs have some degree of influence, and in other areas of measurable program performance that the department can demonstrate are areas over which group home programs have meaningful managerial or administrative influence.\n(2) These standards and outcome measures shall include, but are not limited to, the effectiveness of services provided by each group home program, and the extent to which the services provided by the group home assist in obtaining the child welfare case plan objectives for the child.\n(3) In addition, when the group home provider has identified as part of its program for licensing, ratesetting, or county placement purposes, or has included as a part of a child\u2019s case plan by mutual agreement between the group home and the placing agency, specific mental health, education, medical, and other child-related services, the performance standards and outcome measures may also measure the effectiveness of those services.\n(b) Regulations regarding the implementation of the group home performance standards system required by this section shall be adopted no later than one year prior to implementation. The regulations shall specify both the performance standards system and the manner by which the AFDC-FC rate of a group home program shall be adjusted if performance standards are not met.\n(c) Except as provided in subdivision (d), effective July 1, 1995, group home performance standards shall be implemented. Any group home program not meeting the performance standards shall have its AFDC-FC rate, set pursuant to Section 11462, adjusted according to the regulations required by this section.\n(d) A group home program shall be classified at rate classification level 13 or 14 only if all of the following are met:\n(1) The program generates the requisite number of points for rate classification level 13 or 14.\n(2) The program only accepts children with special treatment needs as determined through the assessment process pursuant to paragraph (2) of subdivision (a) of Section 11462.01.\n(3) The program meets the performance standards designed pursuant to this section.\n(e) Notwithstanding subdivision (c), the group home program performance standards system shall not be implemented prior to the implementation of the AFDC-FC performance standards system.\n(f) On or before January 1, 2016, the department shall develop, following consultation with the County Welfare Directors Association of California, the Chief Probation Officers of California, the County Behavioral Health Directors Association of California, research entities, foster children, advocates for foster children, foster care provider business entities organized and operated on a nonprofit basis, Indian tribes, and other stakeholders, additional performance standards and outcome measures that require group homes to implement programs and services to minimize law enforcement contacts and delinquency petition filings arising from incidents of allegedly unlawful behavior by minors occurring in group homes or under the supervision of group home staff, including individualized behavior management programs, emergency intervention plans, and conflict resolution processes.\n(g) On or before January 1, 2017, the department shall develop, following consultation with the County Welfare Directors Association of California, the Chief Probation Officers of California, the County Behavioral Health Directors Association of California, the Medical Board of California, research entities, foster children advocates for foster children, foster care provider business entities organized and operated on a nonprofit basis, Indian tribes, and other stakeholders, additional performance standards and outcome measures that require group homes to implement alternative programs and services, including individualized behavior management programs, emergency intervention plans, and conflict resolution processes.\nSEC. 6.\nNo reimbursement is required by this act pursuant to Section 6 of Article XIII\u2009B 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\u2009B of the California Constitution.","title":""}
{"_id":"c460","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nThe Legislature finds and declares all of the following:\n(a) Toxic blooms of cyanobacteria in the waters of the state, including, but not limited to, coastal lakes, estuaries, rivers and streams, wetlands, and inland lakes and reservoirs, represent a threat to water supplies, human health, endangered wildlife, and recreational activities.\n(b) Cyanobacteria are widespread bacteria that are capable of forming toxic blooms and super-blooms in the waters of the state.\n(c) Degradation of watersheds, nutrient loading, increased water diversions, and climate change have been linked to the global expansion of cyanobacterial blooms, with high toxin production noted regularly in lakes, rivers, and other waters of the state.\n(d) The state\u2019s waters are especially prone to toxic cyanobacterial blooms due to our warm climate, numerous water diversions, and stressed waterways.\n(e) Cyanobacteria produce potent hepatotoxins and neurotoxins, collectively referred to as cyanotoxins. Microcystins are the most commonly found cyanotoxin in the state\u2019s impacted waters. Other cyanotoxins, such as the neurotoxins anatoxin-a and saxitoxin, are also present in California\u2019s waters, but, at present, little is known about them.\n(f) Cyanotoxins are poisonous to humans, pets, livestock, birds, and other wildlife via ingestion, inhalation, or skin exposure. A single dose of microcystin can cause prolonged toxicity by cycling repeatedly between the liver and intestines.\n(g) Blooms of microcystins and other toxic cyanobacteria are occurring in waters throughout California, and are threatening our water supply and health. Areas with recurrent and worsening cyanotoxin pollution include the Klamath and Sacramento Rivers, the Sacramento and San Joaquin Rivers (from the Sacramento Delta to San Francisco Bay), and Clear Lake. Pinto Lake, Copco Lake, Iron Gate Reservoir, and three segments of the Klamath River have been listed as impaired due to cyanobacteria. Bird deaths attributed to microcystins have also been reported from the Salton Sea.\n(h) The Pinto Lake watershed is being evaluated for total maximum daily load (TMDL) regulation for microcystin, and was considered for remediation as an Environmental Protection Agency \u201csuperfund\u201d site.\n(i) California\u2019s southern sea otters, a state and federally listed threatened species, have died from microcystin poisoning. The source of sea otter exposure appears to be microcystin-contaminated freshwater runoff and possibly contaminated prey species.\n(j) Sea otters and humans eat some of the same marine foods that can concentrate microcystin in body tissues; hence, food safety is a public health concern. Freshwater and marine fish and shellfish have not been routinely tested for cyanotoxins in California and limited diagnostic testing is available.\n(k) The state needs a coordinated multiagency effort to develop actions and projects that will prevent or mitigate toxic blooms and associated cyanotoxin pollution.\nSEC. 2.\nChapter 10 (commencing with Section 31420) is added to Division 21 of the Public Resources Code, to read:\nCHAPTER  10. Safe Water and Wildlife Protection Act of 2016\n31420.\nThis chapter shall be known, and may be cited, as the Safe Water and Wildlife Protection Act of 2016.\n31421.\nFor purposes of this chapter, the following terms have the following meanings:\n(a) \u201cBoard\u201d means the State Water Resources Control Board.\n(b)  \u201cTask force\u201d means the Algal Bloom Task Force created pursuant to Section 31422.\n(c) \u201cWaters of the state\u201d means any surface waters in the state, including, but not limited to, coastal lakes, lagoons and estuaries, rivers, streams, inland lakes and reservoirs, wetlands, and marine waters.\n31422.\n(a) The board shall establish and coordinate the Algal Bloom Task Force, comprised of a representative of each of the State Department of Public Health, the Department of Fish and Wildlife, the Department of Food and Agriculture, the conservancy, and other relevant agency representatives, to be determined by the chairperson of the board, in consultation with the Secretary for Environmental Protection. The board may augment an existing task force or network to accomplish the requirements of this chapter.\n(b) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.\n31423.\nThe functions and duties of the task force include all of the following:\n(a) Assess and prioritize the actions and research necessary to develop measures that prevent or sustainably mitigate toxic algal blooms in the waters of the state. The assessment shall consider the linked impacts of toxic algal blooms and cyanotoxins on human and animal health, as well as in the context of ecosystem health and water quality.\n(b) Solicit and review proposals from universities, local governments, California Native American tribes, and nonprofit organizations for applied research, projects, and programs that accomplish both of the following:\n(1) Contribute to development of strategies or implementation of activities that prevent or sustainably mitigate toxic blooms of cyanotoxins and microcystin pollution in the waters of the state.\n(2) Establish cyanotoxin monitoring programs or develop laboratory capacity for analyzing water samples for cyanotoxin pollution.\n(c) Provide funding recommendations to the chairperson of the board and to the Department of Fish and Wildlife, the Wildlife Conservation Board, the conservancy, other members of the task force, and other relevant agency representatives for those proposals for applied research, projects, and programs, described in subdivision (b), that the task force determines will contribute to the development of prevention strategies and sustainable mitigation actions to address toxic blooms of cyanotoxins and microcystin pollution in waters of the state.\n(d) Review the risks and negative impacts of toxic algal blooms and microcystin pollution on humans, wildlife, fisheries, livestock, pets, and aquatic ecosystems, and develop recommendations for prevention and long-term mitigation. The task force shall submit a summary of its findings based on the review, including its recommendations to the appropriate policy and fiscal committees of the Legislature, the Secretary for Environmental Protection, and the Secretary of the Natural Resources Agency on or before January 1,\n2017.\n2018.\nThe recommendations shall provide guidance on what type of programs or state resources will be required to prevent damaging toxic algal blooms and microcystin pollution in the waters of the state over time.\n(e) Organize meetings and workshops of experts and stakeholders as needed to implement this section.\n(f) Before providing funding recommendations pursuant to subdivision (c), or submitting a summary of findings pursuant to subdivision (d), the task force shall establish a notification procedure and publish notices to inform the public about ongoing activities, and provide opportunities for public review and comment on applied research, projects, and programs solicited pursuant to subdivision (b).\n(g) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.\n31424.\nThe conservancy, the Department of Fish and Wildlife, the Wildlife Conservation Board, and the board, or any of them, may enter into contracts and provide grants, upon appropriation, from funds available pursuant to Section 79730 of the Water Code or from other appropriate funds accessible by any of these departments and agencies for applied research, projects, and programs recommended by the task force pursuant to subdivision (c) of Section 31423.","title":""}
{"_id":"c113","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 1206.5 of the Business and Professions Code is amended to read:\n1206.5.\n(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:\n(1) A licensed physician and surgeon holding an M.D. or D.O. degree.\n(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.\n(3) A person licensed under this chapter to engage in clinical laboratory practice or to direct a clinical laboratory.\n(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.\n(5) A licensed physician assistant if authorized by a supervising physician and surgeon in accordance with Section 3502 or 3535.\n(6) A person licensed under Chapter 6 (commencing with Section 2700).\n(7) A person licensed under Chapter 6.5 (commencing with Section 2840).\n(8) A perfusionist if authorized by and performed in compliance with Section 2590.\n(9) A respiratory care practitioner if authorized by and performed in compliance with Chapter 8.3 (commencing with Section 3700).\n(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.\n(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.\n(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.\n(13) A licensed optometrist as authorized under Chapter 7 (commencing with Section 3000).\n(14) Other health care personnel providing direct patient care.\n(15) Any other person performing nondiagnostic testing pursuant to Section 1244.\n(16) A hepatitis C counselor performing a hepatitis C virus (HCV) test pursuant to Section 122440 of the Health and Safety Code.\n(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:\n(1) A licensed physician and surgeon holding an M.D. or D.O. degree.\n(2) A licensed podiatrist or a licensed dentist if the results of the tests can be lawfully utilized within his or her practice.\n(3) A person licensed under this chapter to engage in clinical laboratory practice or to direct a clinical laboratory.\n(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.\n(5) A licensed physician assistant if authorized by a supervising physician and surgeon in accordance with Section 3502 or 3535.\n(6) A person licensed under Chapter 6 (commencing with Section 2700).\n(7) A perfusionist if authorized by and performed in compliance with Section 2590.\n(8) A respiratory care practitioner if authorized by and performed in compliance with Chapter 8.3 (commencing with Section 3700).\n(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.\n(10) Any person if performing blood gas analysis in compliance with Section 1245.\n(11) (A) A person certified or licensed as an \u201cEmergency Medical Technician II\u201d 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.\n(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 \u201cpreceptor program\u201d 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.\n(12) Any other person within a physician office laboratory if the test is performed under the supervision of the patient\u2019s 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.\n(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.\n(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:\n(1) A licensed physician and surgeon holding an M.D. or D.O. degree.\n(2) A licensed podiatrist or a licensed dentist if the results of the tests can be lawfully utilized within his or her practice.\n(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\u2019s licensure.\n(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\u2019s certification.\n(5) A licensed physician assistant if authorized by a supervising physician and surgeon in accordance with Section 3502 or 3535.\n(6) A perfusionist if authorized by and performed in compliance with Section 2590.\n(7) A respiratory care practitioner if authorized by and performed in compliance with Chapter 8.3 (commencing with Section 3700).\n(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.\n(9) Any person if performing blood gas analysis in compliance with Section 1245.\n(10) Any other person within a physician office laboratory if the test is performed under the onsite supervision of the patient\u2019s 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.\n(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:\n(1) A licensed physician and surgeon using the microscope during the patient\u2019s 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.\n(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\u2019s 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.\n(3) A licensed dentist using the microscope during the patient\u2019s 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.\nSEC. 2.\nSection 122440 is added to the Health and Safety Code, to read:\n122440.\n(a) A hepatitis C counselor who meets the requirements of subdivision (d) may do all of the following:\n(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:\n(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.\n(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:\n(i) He or she works under the direction of a licensed physician and surgeon.\n(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.\n(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.\n(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.\n(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.\n(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.\n(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.\n(d) A hepatitis C counselor shall meet one of the following criteria:\n(1) Is authorized to perform an HCV test in accordance with paragraph (1) of subdivision (a) of Section 120917.\n(2) Is working in a hepatitis C counseling and testing site that meets both of the following criteria:\n(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.\n(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.","title":""}
{"_id":"c195","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 19000 of the Probate Code is amended to read:\n19000.\nAs used in this part:\n(a) \u201cClaim\u201d means a demand for payment for any of the following, whether due, not due, accrued or not accrued, or contingent, and whether liquidated or unliquidated:\n(1) Liability of the deceased settlor, whether arising in contract, tort, or otherwise.\n(2) Liability for taxes incurred before the deceased settlor\u2019s death, whether assessed before or after the deceased settlor\u2019s death, other than property taxes and assessments secured by real property liens.\n(3) Liability for the funeral expenses of the deceased settlor.\n(b) \u201cClaim\u201d does not include a dispute regarding title to specific property alleged to be included in the trust estate.\n(c) \u201cCreditor\u201d means a person who may have a claim against the trust property.\n(d) \u201cTrust\u201d means a trust described in Section 18200, or, if a portion of a trust, that portion that remained subject to the power of revocation at the deceased settlor\u2019s death.\n(e) \u201cDeceased settlor\u201d means a deceased person who, at the time of his or her death, held the power to revoke the trust in whole or in part.\n(f) \u201cDebts\u201d means all claims, as defined in subdivision (a), all expenses of administration, and all other proper charges against the trust estate, including taxes.\n(g) \u201cProbate estate\u201d means a decedent\u2019s estate subject to administration pursuant to Division 7 (commencing with Section 7000).\n(h) \u201cTrust estate\u201d means a decedent\u2019s property, real and personal, that is titled in the name of the trustee of the deceased settlor\u2019s trust or confirmed by order of the court to the trustee of the deceased settlor\u2019s trust.\nSEC. 2.\nSection 19001 of the Probate Code is amended to read:\n19001.\n(a) Upon the death of a settlor, the property of the deceased settlor that was subject to the power of revocation at the time of the settlor\u2019s death is subject to the claims of creditors of the deceased settlor\u2019s probate estate and to the expenses of administration of the probate estate to the extent that the deceased settlor\u2019s probate estate is inadequate to satisfy those claims and expenses.\n(b) The deceased settlor, by appropriate direction in the trust instrument, may direct the priority of sources of payment of debts among subtrusts or other gifts established by the trust at the deceased settlor\u2019s death. Notwithstanding this subdivision, no direction by the settlor shall alter the priority of payment, from whatever source, of the matters set forth in Section 11420 which shall be applied to the trust as it applies to a probate estate.\nSEC. 3.\nSection 19003 of the Probate Code is amended to read:\n19003.\n(a) At any time following the death of the settlor, and during the time that there has been no filing of a petition to administer the probate estate of the deceased settlor in this state of which the trustee has actual knowledge, the trustee may file with the court a proposed notice to creditors. Upon the court\u2019s assignment of a proceeding number to the proposed notice, the trustee shall publish and serve notice to creditors of the deceased settlor in the form and within the time prescribed in Chapters 3 (commencing with Section 19040) and 4 (commencing with Section 19050). That action shall constitute notice to creditors of the requirements of this part.\n(b) The filing shall be made with the superior court for the county in this state where the deceased settlor resided at the time of death, or if none, in any county in this state in which trust property was located at the time of the settlor\u2019s death, or if none, in the county in this state that was the principal place of administration of the trust at the time of the settlor\u2019s death.\n(c) Nothing in subdivision (a) affects a notice or request to a public entity required by Chapter 7 (commencing with Section 19200).\nSEC. 4.\nSection 19006 of the Probate Code is amended to read:\n19006.\n(a) If a trustee of a trust established by the deceased settlor files, publishes, and serves notice as provided in Section 19003 the protection from creditors afforded that trustee and trust shall also be afforded to any other trusts established by the deceased settlor and the trustees and beneficiaries of those trusts.\n(b) If the personal representative of the deceased settlor\u2019s probate estate has published notice under Section 8120 and given notice of administration of the probate estate of the deceased settlor under Chapter 2 (commencing with Section 9050) of Part 4 of Division 7, the protection from creditors afforded the personal representative of the deceased settlor\u2019s probate estate shall be afforded to the trustee and to the beneficiaries of the trust.\n(c) In the event that, following the filing and publication of the notice set forth in Section 19003, there shall be commenced any proceeding under which a notice pursuant to Section 8120 is required to be published, then the trustee shall have a right of collection against that probate estate to recover the amount of any debts paid from trust assets that would otherwise have been satisfied (whether by law or by direction in the deceased settlor\u2019s will or trust) by the property subject to probate proceedings.\nSEC. 5.\nSection 19008 of the Probate Code is amended to read:\n19008.\nIf there is no proceeding to administer the probate estate of the deceased settlor, and if the trustee does not file a proposed notice to creditors pursuant to Section 19003 and does not publish notice to creditors pursuant to Chapter 3 (commencing with Section 19040), then the liability of the trust to any creditor of the deceased settlor shall be as otherwise provided by law.\nSEC. 6.\nSection 19024 of the Probate Code is amended to read:\n19024.\nAt least 30 days before the time set for the hearing on the petition, the petitioner shall cause notice of the time and place of the hearing, together with a copy of the petition, to be mailed to each of the following persons who is not a petitioner:\n(a) All trustees of the trust and of any other trusts to which an allocation of liability may be approved by the court pursuant to the petition.\n(b) All beneficiaries affected.\n(c) The personal representative of the deceased settlor\u2019s probate estate, if any is known to the trustee.\n(d) The Attorney General, if the petition relates to a charitable trust subject to the jurisdiction of the Attorney General, unless the Attorney General waives notice.\nSEC. 7.\nSection 19025 of the Probate Code is amended to read:\n19025.\n(a) If any creditor, beneficiary, or trustee fails timely to file a written pleading upon notice, then the case is at issue, notwithstanding the failure. The case may proceed on the petition and written statements filed by the time of the hearing, and no further pleadings by other persons are necessary. The creditor, beneficiary, or trustee who failed timely to file a written pleading upon notice may not participate further in the proceeding for the determination requested, and that creditor, beneficiary, or trustee shall be bound by the decision in the proceeding.\n(b) The court\u2019s order, when final, shall be conclusive as to the liability of the trust property with respect to the claims at issue in the petition. In the event of a subsequent administration of the probate estate of the deceased settlor, that order shall be binding on the personal representative of the probate estate of the deceased settlor as well as all creditors and beneficiaries who had notice of the petition.\nSEC. 8.\nSection 19320 of the Probate Code is amended to read:\n19320.\nIf it appears that a debt of the deceased settlor has been paid or is payable in whole or in part from property in the deceased settlor\u2019s trust, then the trustee, the surviving spouse, the personal representative, if any, of a deceased settlor\u2019s probate estate, or a beneficiary may petition for an order to allocate the debt.\nSEC. 9.\nSection 19323 of the Probate Code is amended to read:\n19323.\n(a) At least 30 days before the time set for the hearing on the petition, the petitioner shall cause notice of the time and place of the hearing and a copy of the petition to be served on the surviving spouse in the manner provided in Chapter 4 (commencing with Section 413.10) of Title 5 of Part 2 of the Code of Civil Procedure.\n(b) At least 30 days before the time set for the hearing on the petition, the petitioner shall cause notice of the time and place of hearing, together with a copy of the petition, to be mailed to each of the following persons who are not petitioners:\n(1) All trustees of the trust and of any trusts to which an allocation of liability may be approved by the court pursuant to the petition.\n(2) All beneficiaries affected.\n(3) The personal representative of the deceased settlor\u2019s probate estate, if any is known to the trustee.\n(4) The Attorney General, if the petition relates to a charitable trust subject to the jurisdiction of the Attorney General, unless the Attorney General waives notice.\nSEC. 10.\nSection 19400 of the Probate Code is amended to read:\n19400.\nSubject to Section 366.2 of the Code of Civil Procedure, if there is no proceeding to administer the probate estate of the deceased settlor, and if the trustee does not file a proposed notice to creditors pursuant to Section 19003 and does not publish notice to creditors pursuant to Chapter 3 (commencing with Section 19040), then a beneficiary of the trust to whom payment, delivery, or transfer of the deceased settlor\u2019s property is made pursuant to the terms of the trust is personally liable, to the extent provided in Section 19402, for the unsecured claims of the creditors of the deceased settlor\u2019s probate estate.","title":""}
{"_id":"c145","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 14005.7 of the Welfare and Institutions Code is amended to read:\n14005.7.\n(a) Medically needy persons and medically needy family persons are entitled to health care services under Section 14005 providing all eligibility criteria established pursuant to this chapter are met.\n(b) Except as otherwise provided in this chapter or in Title XIX of the federal Social Security Act, no medically needy family person, medically needy person or state-only Medi-Cal persons shall be entitled to receive health care services pursuant to Section 14005 during any month in which his or her share of cost has not been met.\n(c) In the case of a medically needy person, monthly income, as determined, defined, counted, and valued, in accordance with Title XIX of the federal Social Security Act, in excess of the amount required for maintenance established pursuant to Section 14005.12, exclusive of any amounts considered exempt as income under Chapter 3 (commencing with Section 12000), less amounts paid for Medicare and other health insurance premiums shall be the share of cost to be met under Section 14005.9.\n(d) In the case of a medically needy family person or state-only Medi-Cal person, monthly income, as determined, defined, counted, and valued, in accordance with Title XIX of the federal Social Security Act, in excess of the amount required for maintenance established pursuant to Section 14005.12, exclusive of any amounts considered exempt as income under Chapter 2 (commencing with Section 11200), less amounts paid for Medicare and other health insurance premiums shall be the share of cost to be met under Section 14005.9.\n(e) In determining the income of a medically needy person residing in a licensed community care facility, income shall be determined, defined, counted, and valued, in accordance with Title XIX of the federal Social Security Act, any amount paid to the facility for residential care and support that exceeds the amount needed for maintenance shall be deemed unavailable for the purposes of this chapter.\n(f) (1) For purposes of this section the following definitions apply:\n(A) \u201cSSI\u201d means the federal Supplemental Security Income program established under Title XVI of the federal Social Security Act.\n(B) \u201cMNL\u201d means the income standard of the Medi-Cal medically needy program defined in Section 14005.12.\n(C) Board and care \u201cpersonal care services\u201d or \u201cPCS\u201d deduction means the income disregard that is applied to a resident in a licensed community care facility, in lieu of the board and care deduction specified in subdivision\n(e) of Section 14005.7,\n(e),\nwhen the PCS deduction is greater than the board and care deduction.\n(2) (A) For purposes of this section, the SSI recipient retention amount is the amount by which the SSI maximum payment amount to an individual residing in a licensed community care facility exceeds the maximum amount that the state allows community care facilities to charge a resident who is an SSI recipient.\n(B) For purposes of this section, the personal and incidental needs deduction for an individual residing in a licensed community care facility is either of the following:\n(i) If the deduction specified in subdivision (e) is applicable to the individual, the amount, not to exceed the amount by which the SSI recipient retention amount exceeds\ntwenty dollars ($20),\nfifty dollars ($50),\nnor to be less than zero, by which the sum of the amount that the individual pays to his or her licensed community care facility and the SSI recipient retention amount exceed the sum of the individual\u2019s MNL, the individual\u2019s board and care deduction, and\ntwenty dollars ($20).\nfifty dollars ($50).\n(ii) If the deduction specified in paragraph (1) is applicable to the individual,\nan\nthe\namount, not to exceed the amount by which the SSI recipient retention amount exceeds\ntwenty dollars ($20),\nfifty dollars ($50),\nnor to be less than zero, by which the sum of the amount which the individual pays to his or her\nlicensed\ncommunity care facility and the SSI recipient retention amount exceed the sum of the individual\u2019s MNL, the individual\u2019s PCS deduction and\ntwenty dollars ($20).\nfifty dollars ($50).\n(3) In determining the countable income of a medically needy individual residing in a licensed community care facility, the individual shall have deducted from his or her income the amount specified in subparagraph (B) of paragraph (2).\n(g) No later than one month after the effective date of subparagraph (B) of paragraph (2) of subdivision (f), the department shall submit to the federal medicaid administrator a state plan amendment seeking approval of the income deduction specified in subdivision (f), and of federal financial participation for the costs resulting from that income deduction.\n(h) The deduction prescribed by paragraph (3) of subdivision (f) shall be applied no later than the first day of the fourth month after the month in which the department receives approval for the federal financial participation specified in subdivision (g). Until approval for federal financial participation is received by the department, there shall be no deduction under paragraph (3) of subdivision (f).\n(i) The amendments to clauses (i) and (ii) of subparagraph (B) of paragraph (2) of subdivision (f) made by the act that added this subdivision during the 2015\u201316 Regular Session of the Legislature shall be implemented only to the extent that federal financial participation is available and that the department receives any necessary federal approvals.\nSEC. 2.\nIf 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.","title":""}
{"_id":"c227","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 21655.1 is added to the Vehicle Code, to read:\n21655.1.\n(a) A person shall not operate a motor vehicle on a portion of a highway that has been designated for the exclusive use of public transit buses, except in compliance with the directions of a peace officer or official traffic control device.\n(b) This section does not apply to a driver who is required to enter a lane designated for the exclusive use of public transit buses in order to make a right turn or a left turn in a location where there is no left-turn lane for motorists, or who is entering into or exiting from a highway, unless there are signs prohibiting turns across the lane or the lane is delineated by a physical separation, including, but not limited to, a curb, fence, landscaping, or other barrier.\n(c) A public transit agency, with the agreement of the agency with jurisdiction over the highway, shall place and maintain, or cause to be placed and maintained, signs and other official traffic control devices, as necessary, indicating that a portion of a highway is designated for the exclusive use of public transit buses and to advise motorists of the hours of operation of the lane as an exclusive public transit bus lane.\nSEC. 2.\nSection 22500 of the Vehicle Code is amended to read:\n22500.\nA person shall not stop, park, or leave standing any vehicle whether attended or unattended, except when necessary to avoid conflict with other traffic or in compliance with the directions of a peace officer or official traffic control device, in any of the following places:\n(a) Within an intersection, except adjacent to curbs as may be permitted by local ordinance.\n(b) On a crosswalk, except that a bus engaged as a common carrier or a taxicab may stop in an unmarked crosswalk to load or unload passengers when authorized by the legislative body of a city pursuant to an ordinance.\n(c) Between a safety zone and the adjacent right-hand curb or within the area between the zone and the curb as may be indicated by a sign or red paint on the curb, which sign or paint was erected or placed by local authorities pursuant to an ordinance.\n(d) Within 15 feet of the driveway entrance to a fire station. This subdivision does not apply to any vehicle owned or operated by a fire department and clearly marked as a fire department vehicle.\n(e) (1) In front of a public or private driveway, except that a bus engaged as a common carrier, schoolbus, or a taxicab may stop to load or unload passengers when authorized by local authorities pursuant to an ordinance.\n(2) In unincorporated territory, where the entrance of a private road or driveway is not delineated by an opening in a curb or by other curb construction, so much of the surface of the ground as is paved, surfaced, or otherwise plainly marked by vehicle use as a private road or driveway entrance, shall constitute a driveway.\n(f) On a portion of a sidewalk, or with the body of the vehicle extending over a portion of a sidewalk, except electric carts when authorized by local ordinance, as specified in Section 21114.5. Lights, mirrors, or devices that are required to be mounted upon a vehicle under this code may extend from the body of the vehicle over the sidewalk to a distance of not more than 10 inches.\n(g) Alongside or opposite a street or highway excavation or obstruction when stopping, standing, or parking would obstruct traffic.\n(h) On the roadway side of a vehicle stopped, parked, or standing at the curb or edge of a highway, except for a schoolbus when stopped to load or unload pupils in a business or residence district where the speed limit is 25 miles per hour or less.\n(i) Except as provided under Section 22500.5, alongside curb space authorized for the loading and unloading of passengers of a bus engaged as a common carrier in local transportation when indicated by a sign or red paint on the curb erected or painted by local authorities pursuant to an ordinance.\n(j) In a tube or tunnel, except vehicles of the authorities in charge, being used in the repair, maintenance, or inspection of the facility.\n(k) Upon a bridge, except vehicles of the authorities in charge, being used in the repair, maintenance, or inspection of the facility, and except that buses engaged as a common carrier in local transportation may stop to load or unload passengers upon a bridge where sidewalks are provided, when authorized by local authorities pursuant to an ordinance, and except that local authorities pursuant to an ordinance or the Department of Transportation pursuant to an order, within their respective jurisdictions, may permit parking on bridges having sidewalks and shoulders of sufficient width to permit parking without interfering with the normal movement of traffic on the roadway. Local authorities, by ordinance or resolution, may permit parking on these bridges on state highways in their respective jurisdictions if the ordinance or resolution is first approved in writing by the Department of Transportation. Parking shall not be permitted unless there are signs in place, as may be necessary, to indicate the provisions of local ordinances or the order of the Department of Transportation.\n(l) In front of or upon that portion of a curb that has been cut down, lowered, or constructed to provide wheelchair accessibility to the sidewalk.\n(m) In a portion of a highway that has been designated for the exclusive use of public transit buses.\nSEC. 3.\nNo reimbursement is required by this act pursuant to Section 6 of Article XIII\u2009B 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\u2009B of the California Constitution.","title":""}
{"_id":"c225","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 21505 of the Elections Code is repealed.\nSEC. 2.\nSection 21605 of the Elections Code is repealed.\nSEC. 3.\nChapter 9 (commencing with Section 23000) is added to Division 21 of the Elections Code, to read:\nCHAPTER  9. Advisory and Independent Redistricting Commissions\n23000.\nFor purposes of this chapter, the following terms have the following meanings:\n(a) \u201cAdvisory redistricting commission\u201d means a body that recommends to a legislative body placement of the district boundaries for that legislative body.\n(b) \u201cFamily member\u201d means a spouse, registered domestic partner, parent, sibling, child, or in-law.\n(c) \u201cIndependent redistricting commission\u201d means a body, other than a legislative body, that is empowered to adopt the district boundaries of a legislative body.\n(d) \u201cLegislative body\u201d means either a city council of a general law city or a county board of supervisors.\n(e) \u201cLocal jurisdiction\u201d means either a general law city or a county.\n23001.\nA local jurisdiction may establish by resolution or ordinance an independent redistricting commission or an advisory redistricting commission composed of residents of the local jurisdiction to change the legislative body\u2019s district boundaries or to recommend to the legislative body changes to those district boundaries.\n23002.\n(a) This section applies to advisory redistricting commissions.\n(b) Notwithstanding any other law, the local jurisdiction may prescribe the manner in which members are appointed to the commission.\n(c) A person who is an elected official of the local jurisdiction, or a family member, staff member, or paid campaign staff of an elected official of the local jurisdiction, shall not be appointed to serve on the commission.\n(d) The commission shall submit a report to the legislative body of its findings on the need for changes to the boundaries, and its recommended changes, within six months after the final population figures determined in each federal decennial census have been released, but in any event not later than August 1 of the year following the year in which the census is taken.\n23003.\n(a) This section applies to independent redistricting commissions.\n(b) Notwithstanding any other law, the local jurisdiction may prescribe the manner in which members are appointed to the commission, provided that the jurisdiction uses an application process open to all eligible residents. A local jurisdiction may also impose additional qualifications and restrictions on members of the commission in excess of those prescribed by this section.\n(c) A person, or the family member of a person, who has done any of the following in the preceding eight years, shall not be appointed to serve on a commission:\n(1) Been elected or appointed to, or been a candidate for, an elective office of the local jurisdiction.\n(2) Served as an officer of, employee of, or paid consultant to, a campaign committee or a candidate for elective office of the local jurisdiction.\n(3) Served as an officer of, employee of, or paid consultant to, a political party or as an elected or appointed member of a political party central committee.\n(4) Served as a staff member of, consultant to, or contracted with, a currently serving elected officer of the local jurisdiction.\n(5) Been registered to lobby the local jurisdiction.\n(6) Contributed five hundred dollars ($500) or more in a year to any candidate for an elective office of the local jurisdiction. The local jurisdiction may adjust this amount by the cumulative change in the California Consumer Price Index, or its successor, in every year ending in zero.\n(d) A member of the commission shall not do any of the following:\n(1) While serving on the commission, endorse, work for, volunteer for, or make a campaign contribution to, a candidate for an elective office of the local jurisdiction.\n(2) Be a candidate for an elective office of the local jurisdiction for 10 years commencing with the date of his or her appointment to the commission.\n(3) For four years commencing with the date of his or her appointment to the commission:\n(A) Accept an appointment to an office of the local jurisdiction.\n(B) Accept employment as a staff member of, or consultant to, an elected official or candidate for elective office of the local jurisdiction.\n(C) Receive a noncompetitively bid contract with the local jurisdiction.\n(D) Register as a lobbyist for the local jurisdiction.\n(e) A commission established pursuant to this section shall not be comprised entirely of members who are registered to vote with the same political party preference.\n(f) Each member of the commission shall be a designated employee in the conflict of interest code for the commission pursuant to Article 3 (commencing with Section 87300) of Chapter 7 of Title 9 of the Government Code.\n(g) The commission is subject to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code) and the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).\n(h) The commission shall adopt new boundaries within six months after the final population figures determined in each federal decennial census have been released, but in any event not later than November 1 of the year following the year in which the census is taken. A map of the proposed boundaries shall be published and made available to the public for at least seven days before being adopted. Before adopting new boundaries, the commission shall hold at least three public hearings preceding the hearing at which the new boundaries are adopted. The commission shall not draw districts for the purpose of favoring or discriminating against an incumbent or political candidate.","title":""}
{"_id":"c132","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 13332.19 of the Government Code is amended to read:\n13332.19.\n(a) For the purposes of this section, the following definitions shall apply:\n(1) \u201cDesign-build\u201d means a construction procurement process in which both the design and construction of a project are procured from a single entity.\n(2) \u201cDesign-build project\u201d means a capital outlay project using the design-build construction procurement process.\n(3) \u201cDesign-build entity\u201d means a partnership, corporation, or other legal entity that is able to provide appropriately licensed contracting, architectural, and engineering services as needed.\n(4) \u201cDesign-build solicitation package\u201d means the performance criteria, any concept drawings, the form of contract, and all other documents and information that serve as the basis on which bids or proposals will be solicited from the design-build entities.\n(5) \u201cDesign-build phase\u201d means the period following the award of a contract to a design-build entity in which the design-build entity completes the design and construction activities necessary to fully complete the project in compliance with the terms of the contract.\n(6) \u201cPerformance criteria\u201d means the information that fully describes the scope of the proposed project and includes, but is not limited to, the size, type, and design character of the buildings and site; the required form, fit, function, operational requirements, and quality of design, materials, equipment, and workmanship; and any other information deemed necessary to sufficiently describe the state\u2019s needs. Performance criteria may include concept drawings, which include any schematic drawings or architectural renderings that are prepared in the detail necessary to sufficiently describe the state\u2019s needs.\n(b) (1) Except as otherwise specified in subparagraphs (A) to (D), inclusive, of paragraph (2) funds appropriated for a design-build project shall not be expended by any state agency, including, but not limited to, the University of California, the California State University, the California Community Colleges, and the Judicial Council, until the Department of Finance and the State Public Works Board have approved performance criteria.\n(2) This section shall not apply to any of the following:\n(A) Amounts for acquisition of real property, in fee or any lesser interest.\n(B) Amounts for equipment or minor capital outlay projects.\n(C) Amounts appropriated for performance criteria.\n(D) Amounts appropriated for preliminary plans, if the appropriation was made prior to January 1, 2005.\n(c) Any appropriated amounts for the design-build phase of a design-build project, where funds have been expended on the design-build phase by any state agency prior to the approval of the performance criteria by the State Public Works Board, and all amounts not approved by the board under this section shall be reverted to the fund from which the appropriation was made. A design-build project for which a capital outlay appropriation is made shall not be put out to design-build solicitation until the bid package has been approved by the Department of Finance. A substantial change shall not be made to the performance criteria as approved by the board and the Department of Finance without written approval by the Department of Finance. The Department of Finance shall approve any proposed bid or proposal alternates set forth in the design-build solicitation package.\n(d) The State Public Works Board may augment a design-build project in an amount of up to 20 percent of the capital outlay appropriations for the project, irrespective of whether any such appropriation has reverted. For projects authorized through multiple fund sources, including, but not limited to, general obligation bonds and lease-revenue bonds, to the extent permissible, the Department of Finance shall have full authority to determine which of the fund sources will bear all or part of an augmentation. The board shall defer all augmentations in excess of 20 percent of the amount appropriated for each design-build project until the Legislature makes additional funds available for the specific project.\n(e) In addition to the powers provided by Section 15849.6, the State Public Works Board may further increase the additional amount in Section 15849.6 to include a reasonable construction reserve within the construction fund for any capital outlay project without augmenting the project. The amount of the construction reserve shall be within the 20 percent augmentation limitation. The board may use this amount to augment the project, when and if necessary, after the lease-revenue bonds are sold to ensure completion of the project.\n(f) Any augmentation in excess of 10 percent of the amounts appropriated for each design-build project shall be reported to the Chairperson of the Joint Legislative Budget Committee, or his or her designee, 20 days prior to board approval, or not sooner than whatever lesser time the chairperson, or his or her designee, may in each instance determine.\n(g) (1) The Department of Finance may change the administratively or legislatively approved scope for major design-build projects.\n(2) If the Department of Finance changes the approved scope pursuant to paragraph (1), the department shall report the changes and associated cost implications to the Chairperson of the Joint Legislative Budget Committee, the chairpersons of the respective fiscal committees, and the legislative members of the State Public Works Board 20 days prior to the proposed board action to recognize the scope change.\n(h) The Department of Finance shall report to the Chairperson of the Joint Legislative Budget Committee, the chairpersons of the respective fiscal committees, and the legislative members of the State Public Works Board 20 days prior to the proposed board approval of performance criteria for any project when it is determined that the estimated cost of the total design-build project is in excess of 20 percent of the amount recognized by the Legislature.\nSEC. 2.\nSection 15770.5 of the Government Code is repealed.\nSEC. 3.\nSection 15816 of the Government Code is amended to read:\n15816.\n(a) When any public building has been acquired or constructed by the board, and the revenues, rentals, or receipts from the operation of the public building are no longer required or pledged for the payment of principal or interest on any of the certificates or revenue bonds of the board undertaken under this part, the public building shall be under the jurisdiction of, and operated and maintained by, the state agency that had jurisdiction of the property prior to the board\u2019s financing of the public building.\n(b) If at any time funds are available by law to retire any certificates or revenue bonds issued to defray the cost of any public building, these funds shall be applied to the redemption of certificates or revenue bonds secured by the rentals and revenues from that public building.\nSEC. 4.\nSection 15817.1 of the Government Code is amended to read:\n15817.1.\n(a) Exclusively for the purpose of facilitating the financing of public buildings pursuant to this part through the issuance of revenue bonds, notes, or certificates by the board, and notwithstanding any other law, the board may acquire by lease from any state agency public buildings identified by, and under the jurisdiction or control of, the state agency, and, in that connection, the board may then lease those public buildings back to the state agency and may pledge the revenues, rentals, or receipts to the lease to secure the repayment of revenue bonds, notes, or certificates issued by the board. The board is not required to apply the proceeds of the board\u2019s bonds, notes, or certificates to acquire, design, construct, or otherwise improve the same public buildings that are leased pursuant to this section. In each case, the lease shall provide rental provisions, term, payment, security, default, remedy, and other terms or provisions as may be specified in the lease or other agreement or agreements between the board and the state agency and may provide for the substitution of other public buildings for the public buildings initially leased by the board and the state agency pursuant to this section. The public buildings that are leased pursuant to this section may be existing public buildings, as determined by the board and the state agency, and which the board and the state agency also determine to have both of the following:\n(1) A fair rental value that is consistent with the principal amount of the bonds, notes, or certificates of the board authorized to be issued for the purpose of providing the financing of public buildings pursuant to this part.\n(2) An economic useful life that is not shorter than the final maturity of the bonds, notes, or certificates of the board authorized to be issued for the purpose of providing the financing of public buildings pursuant to this part.\n(b) These determinations by the board and the state agency pursuant to subdivision (a) shall be final and conclusive.\n(c) A lease made pursuant to this section does not require the approval of the Director of General Services.\n(d) The board or a state agency may utilize subdivision (a) in connection with the issuance of any revenue bonds, notes, or certificates previously authorized but not issued, or any revenue bonds, notes, or certificates authorized subsequent to the effective date of the act adding this subdivision.\n(e) On or before June 30, 2017, the Department of Finance shall report to the fiscal committees of the Legislature the following regarding the removal of the July 1, 2015, inoperative date from the asset transfer authority of the board. The report shall include, but is not limited to, all of the following:\n(1) The number of times the asset transfer authority has been invoked.\n(2) The aggregate amount of financing secured through asset transfers.\n(3) An estimate of the financing savings realized through the use of asset transfers.\nSEC. 5.\nSection 15820.903 of the Government Code is amended to read:\n15820.903.\n(a) The SPWB may issue up to three hundred forty million eight hundred sixty-six thousand dollars ($340,866,000) in revenue bonds, notes, or bond anticipation notes, pursuant to Chapter 5 of Part 10b of Division 3 of Title 2 (commencing with Section 15830) to finance the acquisition, design, or construction, and a reasonable construction reserve, of approved local jail facilities described in Section 15820.901, and any additional amount authorized under Section 15849.6 to pay for the cost of financing.\n(b) Proceeds from the revenue bonds, notes, or bond anticipation notes may be utilized to reimburse a participating county for the costs of acquisition, preliminary plans, working drawings, and construction for approved projects.\n(c) Notwithstanding Section 13340, funds derived pursuant to this section and Section 15820.902 are continuously appropriated for purposes of this chapter.\n(d) This section shall become inoperative on June 30, 2017, and no project may be commenced after that date; however, projects that have already commenced by that date may be completed and financed with bonds issued pursuant to this chapter.\nSEC. 6.\nSection 15820.913 of the Government Code is amended to read:\n15820.913.\n(a) The SPWB may issue up to eight hundred seventy million seventy-four thousand dollars ($870,074,000) in revenue bonds, notes, or bond anticipation notes, pursuant to Chapter 5 of Part 10b of Division 3 of Title 2 (commencing with Section 15830) to finance the acquisition, design, or construction, and a reasonable construction reserve, of approved local jail facilities described in Section 15820.911, and any additional amount authorized under Section 15849.6 to pay for the cost of financing.\n(b) Proceeds from the revenue bonds, notes, or bond anticipation notes may be used to reimburse a participating county for the costs of acquisition, preliminary plans, working drawings, and construction for approved projects.\n(c) Notwithstanding Section 13340, funds derived pursuant to this section and Section 15820.912 are continuously appropriated for purposes of this chapter.\nSEC. 7.\nSection 15820.922 of the Government Code is amended to read:\n15820.922.\n(a) The board may issue up to five hundred nine million sixty thousand dollars ($509,060,000) in revenue bonds, notes, or bond anticipation notes, pursuant to Chapter 5 (commencing with Section 15830) to finance the acquisition, design, and construction, including, without limitation, renovation, and a reasonable construction reserve, of approved adult local criminal justice facilities described in Section 15820.92, and any additional amount authorized under Section 15849.6 to pay for the cost of financing.\n(b) Proceeds from the revenue bonds, notes, or bond anticipation notes may be used to reimburse a participating county for the costs of acquisition, design, and construction, including, without limitation, renovation, for approved adult local criminal justice facilities.\n(c) Notwithstanding Section 13340, funds derived pursuant to this section and Section 15820.921 are continuously appropriated for purposes of this chapter.\nSEC. 8.\nSection 15831 of the Government Code is amended to read:\n15831.\nAll bonds issued under this part shall bear the facsimile signature of the Governor and the facsimile countersignature of the Controller and the Treasurer, and the bonds shall be signed, countersigned, and endorsed by the officers who shall be in office on the date of issuance thereof, and each of the bonds shall bear an impress of the Great Seal of the State of California. The bonds so signed, countersigned, endorsed, and sealed, when sold, are valid although the sale thereof be made at a date or dates upon which the officers having signed, countersigned, and endorsed the bonds, or any or either of the officers, shall have ceased to be the incumbents of the offices held by them at the time of signing, countersigning, or endorsing the bonds. Each bond issued under this part, if subject to call or redemption prior to maturity, shall contain a recital to that effect.\nThe rate of interest to be borne by the bonds need not be uniform for all bonds of the same issue or series or maturity and a \u201cnot to exceed\u201d interest rate may be determined and fixed by the board by resolution adopted prior to or after the sale of the bonds. The Treasurer, when authorized by resolution of the board, may sell bonds above, below, or at their par or face value.\nSEC. 9.\nSection 15832 of the Government Code is amended to read:\n15832.\nUpon receipt of a resolution of the board authorizing the issuance of bonds, the Treasurer shall provide for their preparation in accordance with the resolution. The bonds authorized to be issued shall be sold by the Treasurer, at public sale or at private sale, as directed by the board. In the case of public sale, (1) the bonds shall be sold by the Treasurer, at such time as may be fixed by him or her, and upon such notice as he or she may deem advisable, upon bids submitted to the Treasurer in the form and by the means specified by the Treasurer, to the bidder whose bid will result in the lowest interest cost on account of such bonds, and (2) if no bids are received, or if the Treasurer determines that the bids are not satisfactory, the Treasurer may reject all bids received, if any, and either readvertise or sell the bonds at private sale. For purposes of this chapter, the method for determining the lowest interest cost bid shall be determined by the Treasurer and shall be limited to either the net interest cost method or the true interest cost method determined by the bids as submitted in accordance with the notice of sale. The net interest cost of each bid shall be determined by ascertaining the total amount of interest that the state would be required to pay under that bid, from the date of the bonds to the respective maturity dates of the bonds then offered for sale, at the interest rate or rates specified in the bid, less the total amount of the premium, if any, or plus the total amount of the discount, if any, offered by the bid. The bid under which the amount ascertained is the least shall be deemed to be the bid resulting in the lowest net interest cost. Under the true interest cost method, the bonds shall be awarded to the bidder submitting the lowest interest rate bid determined by the nominal interest rate that, when compounded semiannually and used to discount the debt service payments on the bonds to the date of the bonds, results in an amount equal to the price bid for the bonds, excluding interest accrued to the date of delivery.\nTemporary or interim bonds, certificates, or receipts of any denomination whatever, to be signed by the Treasurer, may be issued and delivered until the definitive bonds are executed and available for delivery. Signature of the Treasurer may be by signature stamp.\nSEC. 10.\nSection 15848 of the Government Code is amended to read:\n15848.\nNotwithstanding Section 13340 or any other provision of law, the amount as may be necessary to pay the rent of any agency occupying space in a facility authorized to be acquired or constructed under the State Building Construction Act of 1955 or a facility leased by a state agency pursuant to a joint powers agreement in accordance with Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 is hereby appropriated each fiscal year payable from the fund in the State Treasury from which that agency derives its appropriation for support and shall become available only if the rental payments are due during a period that the state is operating without funds appropriated by the Budget Act for that fiscal year or if the amount required to pay the rental payments has not been included in the Budget Act for that fiscal year and the Department of Finance certifies to the Controller that sufficient funds are available for the support of the agency for that portion of the facility that has been provided for its use and the facility or portion thereof is available for the use and occupancy of the agency. This appropriation shall be inoperative as to any facility for which jurisdiction has been transferred pursuant to Section 15816.\nSEC. 11.\nThis act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately.","title":""}
{"_id":"c300","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 4040 of the Business and Professions Code is amended to read:\n4040.\n(a) \u201cPrescription\u201d means an oral, written, or electronic transmission order that is both of the following:\n(1) Given individually for the person or persons for whom ordered that includes all of the following:\n(A) The name or names and address of the patient or patients.\n(B) The name and quantity of the drug or device prescribed and the directions for use.\n(C) The date of issue.\n(D) Either rubber stamped, typed, or printed by hand or typeset, the name, address, and telephone number of the prescriber, his or her license classification, and his or her federal registry number, if a controlled substance is prescribed.\n(E) A legible, clear notice of the condition or purpose for which the drug is being\nprescribed, if requested by the patient or patients.\nprescribed. This notice shall indicate that, at the request of the prescriber or patient, the information regarding the condition or purpose shall be omitted from the container label information pursuant to Section 4076.\n(F) If in writing, signed by the prescriber issuing the order, or the certified nurse-midwife, nurse practitioner, physician assistant, or naturopathic doctor who issues a drug order pursuant to Section 2746.51, 2836.1, 3502.1, or 3640.5, respectively, or the pharmacist who issues a drug order pursuant to Section 4052.1, 4052.2, or 4052.6.\n(2) Issued by a physician, dentist, optometrist, podiatrist, veterinarian, or naturopathic doctor pursuant to Section 3640.7 or, if a drug order is issued pursuant to Section 2746.51, 2836.1, 3502.1, or 3460.5, by a certified nurse-midwife, nurse practitioner, physician assistant, or naturopathic doctor licensed in this state, or pursuant to Section 4052.1, 4052.2, or 4052.6 by a pharmacist licensed in this state.\n(b) Notwithstanding subdivision (a), a written order of the prescriber for a dangerous drug, except for any Schedule II controlled substance, that contains at least the name and signature of the prescriber, the name and address of the patient in a manner consistent with paragraph (2) of subdivision (a) of Section 11164 of the Health and Safety Code, the name and quantity of the drug prescribed, directions for use, and the date of issue may be treated as a prescription by the dispensing pharmacist as long as any additional information required by subdivision (a) is readily retrievable in the pharmacy. In the event of a conflict between this subdivision and Section 11164 of the Health and Safety Code, Section 11164 of the Health and Safety Code shall prevail.\n(c) \u201cElectronic transmission prescription\u201d includes both image and data prescriptions. \u201cElectronic image transmission prescription\u201d means any prescription order for which a facsimile of the order is received by a pharmacy from a licensed prescriber. \u201cElectronic data transmission prescription\u201d means any prescription order, other than an electronic image transmission prescription, that is electronically transmitted from a licensed prescriber to a pharmacy.\n(d) The use of commonly used abbreviations shall not invalidate an otherwise valid prescription.\n(e) Nothing in the amendments made to this section (formerly Section 4036) at the 1969 Regular Session of the Legislature shall be construed as expanding or limiting the right that a chiropractor, while acting within the scope of his or her license, may have to prescribe a device.\nSEC. 2.\nSection 4076 of the Business and Professions Code is amended to read:\n4076.\n(a) A pharmacist shall not dispense any prescription except in a container that meets the requirements of state and federal law and is correctly labeled with all of the following:\n(1) Except when the prescriber or the certified nurse-midwife who functions pursuant to a standardized procedure or protocol described in Section 2746.51, the nurse practitioner who functions pursuant to a standardized procedure described in Section 2836.1 or protocol, the physician assistant who functions pursuant to Section 3502.1, the naturopathic doctor who functions pursuant to a standardized procedure or protocol described in Section 3640.5, or the pharmacist who functions pursuant to a policy, procedure, or protocol pursuant to Section 4052.1, 4052.2, or 4052.6 orders otherwise, either the manufacturer\u2019s trade name of the drug or the generic name and the name of the manufacturer. Commonly used abbreviations may be used. Preparations containing two or more active ingredients may be identified by the manufacturer\u2019s trade name or the commonly used name or the principal active ingredients.\n(2) The directions for the use of the drug.\n(3) The name of the patient or patients.\n(4) The name of the prescriber or, if applicable, the name of the certified nurse-midwife who functions pursuant to a standardized procedure or protocol described in Section 2746.51, the nurse practitioner who functions pursuant to a standardized procedure described in Section 2836.1 or protocol, the physician assistant who functions pursuant to Section 3502.1, the naturopathic doctor who functions pursuant to a standardized procedure or protocol described in Section 3640.5, or the pharmacist who functions pursuant to a policy, procedure, or protocol pursuant to Section 4052.1, 4052.2, or 4052.6.\n(5) The date of issue.\n(6) The name and address of the pharmacy, and prescription number or other means of identifying the prescription.\n(7) The strength of the drug or drugs dispensed.\n(8) The quantity of the drug or drugs dispensed.\n(9) The expiration date of the effectiveness of the drug dispensed.\n(10) The condition or purpose for which the drug was\nprescribed if the\nprescribed, unless the patient or prescriber has requested that the\ncondition or purpose\nis\nnot be\nindicated on the\nprescription.\nprescription container label.\n(11) (A) Commencing January 1, 2006, the physical description of the dispensed medication, including its color, shape, and any identification code that appears on the tablets or capsules, except as follows:\n(i) Prescriptions dispensed by a veterinarian.\n(ii) An exemption from the requirements of this paragraph shall be granted to a new drug for the first 120 days that the drug is on the market and for the 90 days during which the national reference file has no description on file.\n(iii) Dispensed medications for which no physical description exists in any commercially available database.\n(B) This paragraph applies to outpatient pharmacies only.\n(C) The information required by this paragraph may be printed on an auxiliary label that is affixed to the prescription container.\n(D) This paragraph shall not become operative if the board, prior to January 1, 2006, adopts regulations that mandate the same labeling requirements set forth in this paragraph.\n(b) If a pharmacist dispenses a prescribed drug by means of a unit dose medication system, as defined by administrative regulation, for a patient in a skilled nursing, intermediate care, or other health care facility, the requirements of this section will be satisfied if the unit dose medication system contains the aforementioned information or the information is otherwise readily available at the time of drug administration.\n(c) If a pharmacist dispenses a dangerous drug or device in a facility licensed pursuant to Section 1250 of the Health and Safety Code, it is not necessary to include on individual unit dose containers for a specific patient, the name of the certified nurse-midwife who functions pursuant to a standardized procedure or protocol described in Section 2746.51, the nurse practitioner who functions pursuant to a standardized procedure described in Section 2836.1 or protocol, the physician assistant who functions pursuant to Section 3502.1, the naturopathic doctor who functions pursuant to a standardized procedure or protocol described in Section 3640.5, or the pharmacist who functions pursuant to a policy, procedure, or protocol pursuant to Section 4052.1, 4052.2, or 4052.6.\n(d) If a pharmacist dispenses a prescription drug for use in a facility licensed pursuant to Section 1250 of the Health and Safety Code, it is not necessary to include the information required in paragraph (11) of subdivision (a) when the prescription drug is administered to a patient by a person licensed under the Medical Practice Act (Chapter 5 (commencing with Section 2000)), the Nursing Practice Act (Chapter 6 (commencing with Section 2700)), or the Vocational Nursing Practice Act (Chapter 6.5 (commencing with Section 2840)), who is acting within his or her scope of practice.\nSEC. 3.\nNo reimbursement is required by this act pursuant to Section 6 of Article XIII\u2009B 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\u2009B of the California Constitution.\nSECTION 1.\nSection 4070 of the\nBusiness and Professions Code\nis amended to read:\n4070.\n(a)Except as provided in Section 4019 and subdivision (b), an oral or an electronic data transmission prescription as defined in subdivision (c) of Section 4040 shall, as soon as practicable, be reduced to writing by the pharmacist and shall be filled by, or under the direction of, the pharmacist. The pharmacist does not need to reduce to writing the address, telephone number, license classification, federal registry number of the prescriber or the address of the patient or patients if the information is readily retrievable in the pharmacy.\n(b)A pharmacy receiving an electronic transmission prescription shall not be required to reduce that prescription to writing or to hard copy form if, for three years from the last date of furnishing pursuant to that prescription or order, the pharmacy is able, upon request by the board, to immediately produce a hard copy report that includes for each date of dispensing of a dangerous drug or dangerous device pursuant to that prescription or order: (1) all of the information described in subparagraphs (A) to (E), inclusive, of paragraph (1) of subdivision (a) of Section 4040, and (2) the name or identifier of the pharmacist who dispensed the dangerous drug or dangerous device. This subdivision shall not apply to prescriptions for controlled substances classified in Schedule II, III, IV, or V, except as permitted pursuant to Section 11164.5 of the Health and Safety Code.\n(c)If only recorded and stored electronically, on magnetic media, or in any other computerized form, the pharmacy\u2019s computer system shall not permit the received information or the dangerous drug or dangerous device dispensing information required by this section to be changed, obliterated, destroyed, or disposed of, for the record maintenance period required by law once the information has been received by the pharmacy and once the dangerous drug or dangerous device has been dispensed. Once a dangerous drug or dangerous device has been dispensed, if the previously created record is determined to be incorrect, a correcting addition may be made only by or with the approval of a pharmacist. After a pharmacist enters the change or enters his or her approval of the change into the computer, the resulting record shall include the correcting addition and the date it was made to the record, the identity of the person or pharmacist making the correction, and the identity of the pharmacist approving the correction.\n(d)Nothing in this section shall impair the requirement to have an electronically transmitted prescription transmitted only to the pharmacy of the patient\u2019s choice or to have a written prescription. This requirement shall not apply to orders for medications to be administered in an acute care hospital.","title":""}
{"_id":"c324","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 50035 is added to the Government Code, to read:\n50035.\n(a) Prior to entering into a contingency fee contract for legal services relating to civil litigation initiated by the legislative body, the legislative body shall make a determination that use of a contingency fee contract would be cost effective and in the public interest. In making this determination, the legislative body shall make written findings in support of using a contingency fee contract. These findings shall include, but are not limited to, the following:\n(1) Whether the existing legal and financial resources within the city attorney or county counsel\u2019s office would be sufficient to handle the matter.\n(2) The time and labor required, the novelty, complexity, and difficult of the questions involved, and the skill requisite to perform the attorney services properly.\n(3) The geographic area where the attorney services are to be provided.\n(4) The amount of experience desired for the particular type of attorney services to be provided and the nature of the contract attorney\u2019s experience with similar issues or cases.\n(b) After making the determination and findings required by subdivision (a), the legislative body shall draft and prominently post on the city or county\u2019s Internet Web site a written request for proposals to represent the city or county on a contingency fee basis.\n(c) Any contingency fee contract shall include the following provisions:\n(1) The lead attorney within the office of the city attorney or county counsel who is assigned to the matter, or the legislative body if the city or county does not have one, shall retain complete control over the course and conduct of the case.\n(2) An attorney within the office of the city attorney or county counsel who has supervisory authority, or the legislative body if the city or county does not have one, shall be personally involved in the oversight of the litigation.\n(3) The lead attorney within the office of the city attorney or county counsel assigned to the matter, or the legislative body if the city or county does not have one, shall retain the authority to reject any decisions made by the contracted attorney.\n(4) Any defendant that is the subject of litigation may contact the lead attorney within the city attorney or county counsel\u2019s office directly, or the legislative body if the city or county does not have one, without having to confer with the contracted attorney.\n(5) An attorney within the office of the city attorney or county counsel who has supervisory authority, or the legislative body if the city or county does not have one, shall attend all formal or informal settlement conferences.\n(6) All decisions regarding settlement of the matter shall be exclusively reserved to the discretion of the lead attorney within the office of the city attorney or county counsel, or the legislative body if the city or county does not have one.\n(7) The contracted attorney shall provide the city attorney or county counsel, or the legislative body if the city or county does not have one, a written status report on at least a monthly basis that includes a description of any significant court hearings, conferences, motions, or discovery and sets forth the anticipated legal strategy for the following month.\n(d) (1) A copy of any executed contingency fee contract for legal services shall be prominently posted on the city or county\u2019s internet Web site for public inspection within five days after the date the contract is executed and shall remain posted on the Web site for the duration of the matter.\n(2) Any payment of a contingency fee pursuant to a contingency fee contract for legal services shall be prominently posted on the city attorney or county counsel\u2019s Internet Web site within 15 days following the payment to the attorney or law firm and shall remain posted on the Internet Web site for at least one year following the issuance of the payment.\n(e) The calculation of a contingency fee shall not include any portion of the judgment that is attributable to a fine, civil penalty, or punitive damages.\n(f) Any private attorney or firm under contract to provide legal services to a legislative body pursuant to a contingency fee contract shall maintain detailed records of their services including, but not limited to, records of all expenses, disbursements, charges, credits, invoices, and hours billed or worked under the contract by the private attorney or paralegal in increments no greater than\n1\/10\nof an hour. These records shall be maintained by the legislative body for at least four years from the conclusion of the contract. These records shall be available for inspection under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1), subject to any redaction authorized by that act.\n(g) This section shall not be construed to expand the authority of any local agency to enter into a contract for legal services where no authority previously existed.\nSEC. 2.\nThe Legislature finds and declares that Section 1 of this act, which adds Section 50035 to 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:\nIt is in the public interest for contracts entered into by a city or county for legal services based on a contingency fee to be open and transparent, therefor, this act would further the purposes of Section 3 of Article 1 of the California Constitution.","title":""}
{"_id":"c251","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 2699 of the Labor Code is amended to read:\n2699.\n(a) Notwithstanding any other\nprovision of\nlaw, any provision of this code that provides for a civil penalty to be assessed and collected by the Labor and Workforce Development Agency or any of its departments, divisions, commissions, boards, agencies, or employees, for a violation of provisions specified in subdivision (b) of Section 2699.3 may, as an alternative, be recovered through a civil action brought by an aggrieved employee on behalf of himself or herself and other current or former employees pursuant to the procedures specified in Section 2699.3.\n(b) For purposes of this part, \u201cperson\u201d has the same meaning as defined in Section 18.\n(c) For purposes of this part, \u201caggrieved employee\u201d means any person who was employed by the alleged violator and against whom one or more of the alleged violations was committed.\n(d)  For purposes of this part, whenever the Labor and Workforce Development Agency, or any of its departments, divisions, commissions, boards, agencies, or employees, has discretion to assess a civil penalty, a court is authorized to exercise the same discretion, subject to the same limitations and conditions, to assess a civil penalty.\n(e) In any action by an aggrieved employee seeking recovery of a civil penalty available under subdivision (a) or (f), a court may award a lesser amount than the maximum civil penalty amount specified by this part if, based on the facts and circumstances of the particular case, to do otherwise would result in an award that is unjust, arbitrary and oppressive, or confiscatory.\n(f) For provisions specified in subdivision (b) of Section 2699.3 except those for which a civil penalty is specifically provided, there is established a civil penalty for a violation of these provisions, as follows:\n(1) If, at the time of the alleged violation, the person does not employ one or more employees, the civil penalty is five hundred dollars ($500).\n(2) If, at the time of the alleged violation, the person employs one or more employees, the civil penalty is one hundred dollars ($100) for each aggrieved employee per pay period for the initial violation and two hundred dollars ($200) for each aggrieved employee per pay period for each subsequent violation.\n(3) If the alleged violation is a failure to act by the Labor and Workplace Development Agency, or any of its departments, divisions, commissions, boards, agencies, or employees, there shall be no civil penalty.\n(g) An aggrieved employee may recover the civil penalty described in subdivision (f) in a civil action pursuant to the procedures specified in Section 2699.3 filed on behalf of himself or herself and other current or former employees against whom one or more of the alleged violations was committed. Any employee who prevails in any action shall be entitled to an award of reasonable attorney\u2019s fees and costs. Nothing in this part shall operate to limit an employee\u2019s right to pursue or recover other remedies available under state or federal law, either separately or concurrently with an action taken under this part.\n(h) No action may be brought under this section by an aggrieved employee if the agency or any of its departments, divisions, commissions, boards, agencies, or employees, on the same facts and theories, cites a person within the timeframes set forth in Section 2699.3 for a violation of the same section or sections of the Labor Code under which the aggrieved employee is attempting to recover a civil penalty on behalf of himself or herself or others or initiates a proceeding pursuant to Section 98.3.\n(i) Except as provided in subdivision (j), civil penalties recovered by aggrieved employees shall be distributed as follows: 75 percent to the Labor and Workforce Development Agency for enforcement of labor laws and education of employers and employees about their rights and responsibilities under this code, to be continuously appropriated to supplement and not supplant the funding to the agency for those purposes; and 25 percent to the aggrieved employees.\n(j) Civil penalties recovered under paragraph (1) of subdivision (f) shall be distributed to the Labor and Workforce Development Agency for enforcement of labor laws and education of employers and employees about their rights and responsibilities under this code, to be continuously appropriated to supplement and not supplant the funding to the agency for those purposes.\n(k) Nothing contained in this part is intended to alter or otherwise affect the exclusive remedy provided by the workers\u2019 compensation provisions of this code for liability against an employer for the compensation for any injury to or death of an employee arising out of and in the course of employment.\n(l) The superior court shall review and approve any penalties sought as part of a proposed settlement agreement pursuant to this part.\n(m) This section shall not apply to the recovery of administrative and civil penalties in connection with the workers\u2019 compensation law as contained in Division 1 (commencing with Section 50) and Division 4 (commencing with Section 3200), including, but not limited to, Sections 129.5 and 132a.\n(n) The agency or any of its departments, divisions, commissions, boards, or agencies may promulgate regulations to implement the provisions of this part.\nSEC. 2.\nSection 2699.3 of the Labor Code is amended to read:\n2699.3.\n(a) A civil action by an aggrieved employee pursuant to subdivision (a) or (f) of Section 2699 alleging a violation of any provision listed in subdivision (b) shall commence only after the following requirements have been met:\n(1) The aggrieved employee or representative shall give written notice by certified mail to the Labor and Workforce Development Agency and the employer of the specific provisions of this code alleged to have been violated, including the facts and theories to support the alleged violation.\n(2) (A) The agency shall notify the employer and the aggrieved employee or representative by certified mail that it does not intend to investigate the alleged violation within 30 calendar days of the postmark date of the notice received pursuant to paragraph (1). Upon receipt of that notice or if no notice is provided within 33 calendar days of the postmark date of the notice given pursuant to paragraph (1), the aggrieved employee may commence a civil action pursuant to Section 2699.\n(B) If the agency intends to investigate the alleged violation, it shall notify the employer and the aggrieved employee or representative by certified mail of its decision within 33 calendar days of the postmark date of the notice received pursuant to paragraph (1). Within 120 calendar days of that decision, the agency may investigate the alleged violation and issue any appropriate citation. If the agency determines that no citation will be issued, it shall notify the employer and aggrieved employee of that decision within five business days thereof by certified mail. Upon receipt of that notice or if no citation is issued by the agency within that 158-day period prescribed by this subparagraph or if the agency fails to provide timely or any notification, the aggrieved employee may commence a civil action pursuant to Section 2699.\n(C) Notwithstanding any other provision of law, a plaintiff may as a matter of right amend an existing complaint to add a cause of action arising under this part at any time within 60 days of the time periods specified in this part.\n(b) The provisions of subdivision (a) apply to any alleged violation of the following provisions: Sections 226, 226.7, 510, and 512.\n(c) The periods specified in this section are not counted as part of the time limited for the commencement of the civil action to recover penalties under this part.\nSEC. 3.\nSection 2699.5 of the Labor Code is repealed.","title":""}
{"_id":"c28","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nArticle 3.9 (commencing with Section 8574.50) is added to Chapter 7 of Division 1 of Title 2 of the Government Code, to read:\nArticle  3.9. California Cyber Security\n8574.50.\n(a) There is hereby continued in existence the California Cyber Security Task Force, created in 2013 by the Governor\u2019s Office of Emergency Services and the Department of Technology, in the Governor\u2019s Office of Emergency Services.\n(b) The California Cyber Security Task Force shall consist of the following members:\n(1) The Director of Emergency Services, or his or her designee with knowledge, expertise, and decisionmaking authority with respect to the Office of Emergency Services\u2019 information technology and information security duties.\n(2) The Director of the Department of Technology, or his or her designee with knowledge, expertise, and decisionmaking authority with respect to the director\u2019s information technology and information security duties set forth in Chapter 5.6 (commencing with Section 11545).\n(3) The Attorney General, or his or her designee with knowledge, expertise, and decisionmaking authority with respect to the Department of Justice\u2019s information technology and information security.\n(4) The Adjutant General of the Military Department, or his or her designee with knowledge, expertise, and decisionmaking authority with respect to the Military Department\u2019s information technology and information security.\n(5) The Commissioner of the California Highway Patrol, or his or her designee with knowledge, expertise, and decisionmaking authority with respect to the Department of the California Highway Patrol\u2019s information technology and information security.\n(6) A representative of the Public Utilities Commission or California Energy Commission with knowledge, expertise, and decisionmaking authority with respect to information technology and information security, who shall be appointed by the Governor.\n(7) A representative from the utility or energy industry, who shall be appointed by the Governor.\n(8) A representative from law enforcement, who shall be appointed by the Governor.\n(9) Three individuals with cyber security expertise, who shall be appointed, one each, by the Governor, the Senate Rules Committee, and the Speaker of the Assembly.\n(c) The California Cyber Security Task Force may convene stakeholders, both public and private, to act in an advisory capacity and compile policy recommendations on cyber security for the State of California. The California Cyber Security Task Force shall complete and issue a report of policy recommendations to the Governor\u2019s office and the Legislature on an annual basis. The report shall be completed in compliance with Section 9795.\n(d) The California Cyber Security Task Force shall meet quarterly, or more often as necessitated by emergency circumstances, within existing resources to ensure that the policy recommendations from the report are implemented and any necessary modifications that may arise are addressed in a timely manner.\n(e) The Governor\u2019s Office of Emergency Services and the Department of Technology may conduct the strategic direction of risk assessments performed by the Military Department\u2019s Computer Network Defense Team as budgeted in Item 8940-001-0001 of the Budget Act of 2014.\n8574.51.\nThere is within the Governor\u2019s Office of Emergency Services a State Director of Cyber Security, appointed by the Governor and\nconfirmed by the Senate,\nsubject to Senate confirmation,\nwho shall do all of the following:\n(a) Be the Executive Director of the California Cyber Security Task Force.\n(b) Provide strategic direction of risk assessments performed with state resources.\n(c) Complete a risk profile of state assets and capabilities for the purpose of compiling statewide contingency plans including, but not limited to, Emergency Function 18 of the State Emergency Plan.\n(d) Act as point of contact to the federal government and private entities within the state in the event of a relevant emergency as declared by the Governor.\n(e) Be an adviser to the Governor\u2019s Office of Emergency Services and the Department of Technology on cyber security.\n8574.52.\nThe Cyber Security Task Force shall perform the following functions based on the following priorities:\n(a) Develop within state government cyber prevention, defense, and response strategies and define a hierarchy of command within the state for this purpose. This duty includes, but is not limited to, the following activities:\n(1) Ensuring the continual performance of risk assessments on state information technology systems. The assessments shall include penetration tests, vulnerability scans, and other industry-standard methods that identify potential risk.\n(2) Using assessment results and other state-level data to create a risk profile of public assets, critical infrastructure, public networks, and private operations susceptible to cyber-attacks. The risk profile shall include the development of statewide contingency plans including, but not limited to, Emergency Function 18 of the State Emergency Plan.\n(b) Partner with the United States Department of Homeland Security to develop an appropriate information sharing system that allows for a controlled and secure process to effectively disseminate cyber threat and response information and data to relevant private and public sector entities. This information sharing system shall reflect state priorities and target identified threat and capability gaps.\n(c) Provide recommendations for information technology security standards for all state agencies using, among other things, protocols established by the National Institute for Standards and Technology and reflective of appropriate state priorities.\n(d) Compile and integrate, as appropriate, the research conducted by academic institutions, federal laboratories, and other cyber security experts into state operations and functions.\n(e) Expand the state\u2019s public-private cyber security partnership network.\n(f) Expand collaboration with the state\u2019s law enforcement apparatus assigned jurisdiction to prevent, deter, investigate, and prosecute cyber attacks and information technology crime, including collaboration with entities like the High-Tech Theft Apprehension Program, and its five regional task forces, the Department of the California Highway Patrol, and the Attorney General\u2019s eCrimes unit. Collaboration shall include information sharing that will enhance their capabilities including assistance to better align their activities with federal and local resources, provide additional resources, and extend their efforts into regions of the state not currently represented.\n(g) Propose, where appropriate, potential operational or functional enhancement to the state\u2019s cyber security assessment and response capabilities, as well as investment or spending recommendation and guidance for the state\u2019s information technology budget and procurement.\n8574.53.\nThe California Cyber Security Task Force shall take all necessary steps to protect personal information and privacy, public and private sector data, and the constitutional rights and liberties of individuals, when implementing its duties.\n8574.54.\n(a) The California Cyber Security Task Force may issue reports, in addition to the report described in subdivision (c) of Section 8574.51, to the Governor\u2019s office and the Legislature detailing the activities of the task force, including, but not limited to, progress on the California Cyber Security Task Force\u2019s various tasks and actions taken and recommended in response to an incident, as appropriate.\n(b) The reports shall be submitted in compliance with Section 9795.\n8574.55.\nThe California Cyber Security Task Force may engage or accept the services of agency or department personnel, accept the services of stakeholder organizations, and accept federal, private, or other nonstate funding, to operate, manage, or conduct the business of the California Cyber Security Task Force.\n8574.56.\nEach department and agency shall cooperate with the California Cyber Security Task Force and furnish it with information and assistance that is necessary or useful to further the purposes of this article.\n8574.57.\nThis article shall become inoperative on January 1, 2020, and shall be repealed as of that date.","title":""}
{"_id":"c49","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nChapter 5.9 (commencing with Section 42360) is added to Part 3 of Division 30 of the Public Resources Code, to read:\nCHAPTER  5.9. Plastic Microbeads Nuisance Prevention Law\n42360.\nThe Legislature finds and declares all of the following:\n(a) Plastic does not biodegrade into elements or compounds commonly found in nature like other organic materials, but, instead, upon exposure to the elements photodegrades into smaller pieces of plastic causing land and water pollution that is virtually impossible to remediate.\n(b) Plastic pollution is the dominant type of anthropogenic debris found throughout the marine environment.\n(c) Plastic pollution is an environmental and human health hazard and a public nuisance.\n(d) Microplastics that are five millimeters or less in diameter become bioavailable as soon as they enter the marine environment and are ingested by marine organisms.\n(e) Microplastics are persistent organic compounds that attract other pollutants commonly present in the environment, many of which are recognized to have serious deleterious impacts on human health or the environment, including DDT, DDE, PCBs, and flame retardants.\n(f) PAHs, PCBs, and PBDEs from plastic transfer to fish tissue when ingested and bioaccumulate.\n(g) Fish that humans consume have been found to ingest microplastics, which are then ingested by the humans who consume these fish.\n(h) Consumer personal care products such as facial scrubs, soaps, and toothpaste increasingly contain thousands of microplastics in the form of plastic microbeads that are flushed down drains or make their way into the environment by other means as part of their intended use.\n(i) Plastic microbeads in personal care products are generally not recoverable through ordinary wastewater treatment and can be released into the environment.\n(j) Plastic microbeads have been found in surface waters within the United States, as well as in fish, marine mammals, reptiles, mussels, and worms.\n(k) There are economically feasible alternatives to plastic microbeads used in personal care products, as evidenced by the current use of biodegradable, natural, abrasive materials in personal care products such as beeswax, shells, nuts, seeds, and sand.\n42361.\nAs used in this chapter, the following terms have the following meanings:\n(a) \u201cPerson\u201d means an individual, business, or other entity.\n(b) (1) \u201cPersonal care product\u201d means an article intended to be rubbed, poured, sprinkled, or sprayed on, introduced to, or otherwise applied to, the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance, and an article intended for use as a component of that type of article.\n(2) \u201cPersonal care product\u201d does not include a prescription drug, as defined in Section 110010.2 of the Health and Safety Code.\n(c) \u201cPlastic microbead\u201d means an intentionally added solid plastic particle measuring five millimeters or less in every dimension.\n42362.\nOn and after January 1, 2020, a person shall not sell or offer for promotional purposes in this state any personal care products containing plastic microbeads that are used to exfoliate or cleanse in a rinse-off product, including, but not limited to, toothpaste.\n42363.\nSection 42362 shall not apply to a person that sells or offers for promotional purposes a personal care product containing plastic microbeads in an amount less than 1 part per million (ppm) by weight.\n42364.\n(a) A person who violates or threatens to violate Section 42362 may be enjoined in any court of competent jurisdiction.\n(b) (1) A person who has violated Section 42362 is liable for a civil penalty not to exceed two thousand five hundred dollars ($2,500) per day for each violation in addition to any other penalty established by law. That civil penalty may be assessed and recovered in a civil action brought in any court of competent jurisdiction.\n(2) In assessing the amount of a civil penalty for a violation of this chapter, the court shall consider all of the following:\n(A) The nature and extent of the violation.\n(B) The number of, and severity of, the violations.\n(C) The economic effect of the penalty on the violator.\n(D) Whether the violator took good faith measures to comply with this chapter and when these measures were taken.\n(E) The deterrent effect that the imposition of the penalty would have on both the violator and the regulated community as a whole.\n(F) Any other factor that justice may require.\n(c) Actions pursuant to this section may be brought by the Attorney General in the name of the people of the state, by a district attorney, by a city attorney, or by a city prosecutor in a city or city and county having a full-time city prosecutor.\n(d) Civil penalties collected pursuant to this section shall be paid to the office of the city attorney, city prosecutor, district attorney, or Attorney General, whichever office brought the action.\n42366.\nThis chapter does not alter or diminish any legal obligation otherwise required in common law or by statute or regulation, and this chapter does not create or enlarge any defense in any action to enforce the legal obligation. Penalties and sanctions imposed pursuant to this chapter shall be in addition to any penalties or sanctions otherwise prescribed by law.","title":""}
{"_id":"c54","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nIt is the intent of the Legislature in enacting this act to do all of the following:\n(a) Establish conflict-of-interest policies for the governing body of charter schools that mirror existing conflict-of-interest policies followed by the governing board of school districts.\n(b) Provide transparency in the operations of the many charter schools that are providing quality educational options for parents and pupils and renew the faith of parents and the community that their local charter school is acting in the best interests of pupils.\n(c) Continue to provide greater autonomy to charter schools than traditional public schools and provide greater transparency to parents and the public with regard to the use of public funds by the governing body of charter schools for the educational benefit of their pupils.\n(d) Establish standards and procedures consistent with the Charter Schools Act of 1992 to avoid conflicts of interest in charter schools.\nSEC. 2.\nSection 47604.1 is added to the Education Code, to read:\n47604.1.\n(a) A charter school is subject to all of the following:\n(1) The Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code), except that a charter school operated by an entity governed by the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code) is subject to the Bagley-Keene Open Meeting Act regardless of the authorizing entity.\n(2) The California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).\n(3) The Political Reform Act of 1974 (Title 9 (commencing with Section 81000) of the Government Code).\n(b) Notwithstanding Article 4 (commencing with Section 1090) of Chapter 1 of Division 4 of Title 1, an individual may serve as a member of the governing body of a charter school and be employed in a separate position at that charter school. Such a member of the governing body of a charter school shall abstain from voting on all matters uniquely affecting his or her own employment.\n(c) A member of the governing body of a charter school shall abstain from voting on personnel matters that uniquely affect a relative of the member but may vote on collective bargaining agreements and personnel matters that affect a class of employees to which the relative belongs. For purposes of this section, \u201crelative\u201d means an adult who is related to the person by blood or affinity within the third degree, as determined by the common law, or an individual in an adoptive relationship within the third degree.\n(d) A person who is disqualified by the California Constitution or laws of the state from holding a civil office shall not serve on the governing body of a charter school.\n(e) To the extent that the governing body of a charter school engages in activities that are not related to the operation of the charter school, this section does not make those unrelated activities subject to the Ralph M. Brown Act, the Bagley-Keene Open Meeting Act, or the California Public Records Act. A meeting of the governing body of a charter school to discuss items related to the operation of the charter school shall not include discussion of any item regarding an activity of the governing body that is not related to the operation of the charter school.\n(f) The governing body of a charter school may meet within the physical boundaries of the county or counties in which one or more of the charter school\u2019s facilities are located provided that proper notices pursuant to the Ralph M. Brown Act and the Bagley-Keene Open Meeting Act are posted within the physical boundaries of each of the counties in which any of the charter school\u2019s facilities are located. A charter school also may meet in a county contiguous to the county where one or more of the charter school\u2019s facilities are located if at least 10 percent of the pupils who are enrolled in the charter school reside in that contiguous county. A nonclassroom-based charter school that does not have a facility may meet within the boundaries of the county in which the greatest number of pupils who are enrolled in the charter school reside.\n(g) The governing body of a charter school may hold closed sessions to consider a matter regarding pupil discipline as described in Section 48912.\n(h) For purposes of the Political Reform Act of 1974, the jurisdiction of a charter school shall be the county or counties in which the charter school\u2019s facility or facilities are located. The jurisdiction for a nonclassroom-based charter school that does not have a facility shall be the physical boundaries of the county or counties where at least 10 percent of the pupils who are enrolled in the charter school reside or, if at least 10 percent of the pupils do not reside in a single county, the county in which the greatest number of pupils who are enrolled in the charter school reside.\n(i) A statement of economic interest that is filed by a designated person at a charter school after the required deadline pursuant to the Political Reform Act of 1974 shall not be the sole basis for revocation of a charter pursuant to Section 47607.\n(j) For purposes of this section, \u201cfacility\u201d means a charter school campus, resource center, meeting space, or satellite facility.\n(k) This section shall become operative on July 1, 2016.","title":""}
{"_id":"c139","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 13651 of the Business and Professions Code is amended to read:\n13651.\n(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.\n(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: \u201cCALIFORNIA 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) ___ ____.\u201d 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.\n(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.\n(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.\n(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.\n(4) For purposes of this subdivision, \u201ccustomer\u201d 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.\n(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 \u201cup to $.184.\u201d\n(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\nCommission,\nCommission in consultation with the Legislative Analyst\u2019s Office,\nacross 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.\n(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).\n(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.\nSEC. 2.\nNo reimbursement is required by this act pursuant to Section 6 of Article XIII\u2009B 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\u2009B of the California Constitution.","title":""}
{"_id":"c27","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nArticle 23 (commencing with Section 18901) is added to Chapter 3 of Part 10.2 of Division 2 of the Revenue and Taxation Code, to read:\nArticle  23. Prevention of Animal Homelessness and Cruelty Fund\n18901.\n(a) An individual may designate on the tax return that a contribution in excess of the tax liability, if any, be made to the Prevention of Animal Homelessness and Cruelty Fund established by Section 18901.1. That designation is to be used as a voluntary contribution on the tax return.\n(b) The contributions shall be in full dollar amounts and may be made individually by each signatory on a joint return.\n(c) A designation under subdivision (a) shall be made for a taxable year on the original return for that taxable year and once made is irrevocable. If payments and credits reported on the return, together with any other credits associated with the taxpayer\u2019s account, do not exceed the taxpayer\u2019s liability, the return shall be treated as though no designation has been made.\n(d) When another voluntary contribution designation is removed from the tax return, or as soon as space is available, whichever occurs first, the Franchise Tax Board shall revise the form of the return to include a space labeled the \u201cPrevention of Animal Homelessness and Cruelty Fund\u201d to allow for the designation permitted. 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 fund all of the following:\n(1) Programs designed to prevent and eliminate cat and dog homelessness.\n(2) Prevention, investigation, and prosecution of animal cruelty and neglect.\n(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).\n18901.1.\nThere is hereby established in the State Treasury the Prevention of Animal Homelessness and Cruelty Fund to receive contributions made pursuant to Section 18901. 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 18901 to be transferred to the Prevention of Animal Homelessness and Cruelty Fund. The Controller shall transfer from the Personal Income Tax Fund to the Prevention of Animal Homelessness and Cruelty Fund an amount not in excess of the sum of the amounts designated by individuals pursuant to Section 18901 for payment into that fund.\n18901.2.\n(a) All money transferred to the Prevention of Animal Homelessness and Cruelty Fund, upon appropriation by the Legislature, shall be allocated as follows:\n(1) 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.\n(2) To the Department of Food and Agriculture for allocation as follows:\n(A) Up to 5 percent of the funds allocated to the department shall be used by the department for the development of a mechanism to provide ongoing public awareness through activities that will promote the charitable tax deduction for the fund and seek continued contributions. These activities may include convening a philanthropic roundtable, developing literature for use by the city, county, or city and county animal control agency or shelter that is current on its reporting requirements to the State Department of Public Health, Veterinary Public Health Section, a society for the prevention of cruelty to animals affiliate, or a humane society affiliate for dissemination, and whatever other activities are deemed necessary and appropriate to promote the fund.\n(B) Up to two hundred fifty thousand dollars ($250,000) shall be distributed to, and used by, a city, county, or city and county animal control agency or shelter that is current on its reporting requirements to the State Department of Public Health, Veterinary Public Health Section for the sole purpose of supporting spay and neuter activities by that entity to prevent and eliminate cat and dog homelessness.\n(C) The remaining moneys, if any, shall be used by programs designed to prevent and eliminate cat and dog homelessness or programs for the prevention, investigation, and prosecution of animal cruelty and neglect. The grants are to be distributed to a city, county, or city and county animal control agency or shelter that is current on its reporting requirements to the State Department of Public Health, Veterinary Public Health Section, a society for the prevention of cruelty to animals affiliate, or a humane society affiliate. A society for the prevention of cruelty to animals affiliate or a humane society affiliate shall be a California corporation, duly incorporated in the state of California, in active status, as described on the business search page of the Secretary of State\u2019s Internet Web site, and exempt from federal income taxation as an organization described in Section 501(c)(3) of the Internal Revenue Code.\n(b) The Department of Food and Agriculture shall award grants through a competitive, project-specific grant process and shall be responsible for overseeing that grant program. A grantee shall not use a grant award for administrative expenses or for any purposes outside of California.\n(c) The Department of Food and Agriculture may consult with the State Department of Public Health to develop the grant process and the oversight of the grant program.\n(d) No Prevention of Animal Homelessness and Cruelty Fund money shall be used to supplant state General Fund money for any purpose.\n18901.3.\n(a) Except as otherwise provided in subdivision (b), this article shall remain in effect only until January 1 of the fifth taxable year following the first appearance of the Prevention of Animal Homelessness and Cruelty Fund on the tax return, or January 1, 2022, whichever occurs first, and is repealed as of December 1 of that year.\n(b) (1) By September 1 of the second calendar year and by September 1 of each subsequent calendar year that the Prevention of Animal Homelessness and Cruelty Fund appears on the tax return, the Franchise Tax Board shall do all of the following:\n(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.\n(B) Provide written notification to the Department of Food and Agriculture of the amount determined in subparagraph (A).\n(C) 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.\n(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.\n(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 Prevention of Animal Homelessness and Cruelty Fund on the personal income tax return or the adjusted minimum contribution amount adjusted pursuant to subdivision (c).\n(c) For each calendar year, beginning with the third calendar year after the first appearance of the Prevention of Animal Homelessness and Cruelty Fund on the tax return, the Franchise Tax Board shall adjust, on or before September 1 of that calendar year, the minimum estimated contribution amount specified in subdivision (b) as follows:\n(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 paragraph (2) of subdivision (h) of Section 17041, rounded off to the nearest dollar.\n(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 received on or before August 1 of the calendar year pursuant to paragraph (1) of subdivision (h) of Section 17041.","title":""}
{"_id":"c13","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\n(a) The Legislature finds and declares that it is necessary to provide the public the means to determine which charitable entities providing supportive services to veterans meet certain minimum standards of cultural competency and financial legitimacy.\n(b) It is the intent of the Legislature to establish a voluntary certification program whereby the Department of Veterans Affairs will certify that certain charitable entities providing supportive services to veterans meet minimum standards.\n(c) It is further the intent of the Legislature that the Secretary of the Department of Veterans Affairs consider whether it would be beneficial to the people of the State of California to, in the future, establish a uniform process for state contracting that provides a preference to entities certified by the department pursuant to Section 999.75 of the Military and Veterans Code under a state contract or grant for supportive services to veterans or their families.\nSEC. 2.\nArticle 8 (commencing with Section 999.75) is added to Chapter 6 of Division 4 of the Military and Veterans Code, to read:\nArticle  8. Veterans Preference For State Services Contracts\n999.75.\nFor purposes of this article, both of the following shall apply:\n(a) A \u201ccertified California veteran service provider\u201d means an entity that is certified by the department as having an established history of providing supportive services and that meets all of the following requirements:\n(1) Provides at least\nthree\ntwo\nof the following supportive services: housing assistance, health services, mental health services, small business assistance, employment services, and job training services to veterans and their families.\n(2)\nDemonstrates\nDemonstrates, through the submission of appropriate supporting data, that the veteran service provider has\nthe knowledge, experience, and cultural competency to provide supportive services to veterans and their families.\n(3) Demonstrates through audits and employment history the fiscal and management capacity to capably perform supportive services to veterans and their families.\n(4) Is a nonprofit organization that is exempt from federal income taxation as an organization described in Section 501(c)(3) or Section 501(c)(19) of the Internal Revenue Code.\n(5) Demonstrates through the submission of appropriate supporting data that the entity has effectively served the needs of\nveteran or veteran family clients.\nveterans and their families.\n(6) Demonstrates that all required filings with the Secretary of State, the office of the Attorney General, and the Franchise Tax Board are current. Demonstrates that the entity meets or exceeds the provisions of Article 1.3 (commencing with Section 17510) of Chapter 1 of Part 3 of Division 7 of the Business and Professions Code and complies with the standards included in the Attorney General\u2019s Guide for Charities.\n(b) A certified California veteran service provider shall provide to the department all of the following up-to-date documents upon application for certification and at any time during the certification period on request and reasonable notice by the department:\n(1) Articles of incorporation and all amendments to the articles of incorporation.\n(2) IRS Letter of Determination.\n(3) Taxpayer identification number.\n(4) Independent audit reports dating back three years.\n(c) (1) In order to obtain certification as a certified California veteran service provider, the applicant shall apply to the department, in a form and manner as required by the department.\n(2) Beginning\nJuly 1, 2017,\nJanuary 1, 2018,\nthe department shall begin processing and approving or rejecting all applications on the basis of the requirements set forth in subdivision (a).\n(d) The department shall maintain a list of certified California veteran service providers on its Internet Web site, including the type of supportive services provided by the providers.\n(e) On or before April 1, 2017, the department shall provide the Committee on Veterans Affairs in both houses of the Legislature with a progress report on the status of the regulations required by\nsubdivision (d).\nSection 999.76.\n999.76.\n(a) A certification approved by the department shall be valid for three years from the date the department accepts credentials for certification unless the department decertifies the certified California veteran service provider.\n(b) The department may accept current certifications and licenses from any other state entity, agency, or department in order to provide a certification of a certified California veteran service provider pursuant to Section 999.75.\n(c) The department may accept an organization\u2019s status as a congressionally chartered veterans service organization as support for certification of a certified California veteran service provider pursuant to Section 999.75.\n(d) No later than July 1, 2017, the department shall adopt rules, procedures, and regulations as necessary to\ncertify a veteran service provider, and to\ndecertify a certified California veteran service provider prior to the expiration of a current certification when the certified California veteran service provider no longer meets the requirements set forth in Section 999.75.\n(e) The department shall adopt a fee to defray the department\u2019s reasonable cost of certification, not to exceed seven hundred fifty dollars ($750).","title":""}
{"_id":"c107","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 12012.75 of the Government Code is amended to read:\n12012.75.\nThere is hereby created in the State Treasury a special fund called the \u201cIndian Gaming Revenue Sharing Trust Fund\u201d for the receipt and deposit of moneys received by the state from Indian tribes pursuant to the terms of tribal-state gaming compacts for the purpose of making distributions to eligible recipient Indian tribes. Moneys in the Indian Gaming Revenue Sharing Trust Fund shall be available to the California Gambling Control Commission, upon appropriation by the Legislature, for the purpose of making distributions to eligible recipient Indian tribes, in accordance with distribution plans specified in tribal-state gaming compacts.\nSEC. 2.\nSection 12012.90 of the Government Code is amended to read:\n12012.90.\nFor each fiscal year commencing with the 2016\u201317 fiscal year, all of the following shall apply:\n(a) On or before the day of the May budget revision for each fiscal year, the California Gambling Control Commission shall determine the anticipated total amount of shortfalls in payment likely to occur in the Indian Gaming Revenue Sharing Trust Fund for the next fiscal year, and shall provide to the committee in the Senate and Assembly that considers the State Budget an estimate of the amount needed to transfer from the Indian Gaming Special Distribution Fund to backfill the Indian Gaming Revenue Sharing Trust Fund for the next fiscal year. The anticipated total amount of shortfalls to be transferred from the Indian Gaming Special Distribution Fund to the Indian Gaming Revenue Sharing Trust Fund shall be determined by the California Gambling Control Commission as follows:\n(1) The anticipated number of eligible recipient Indian tribes that will be eligible to receive payments for the next fiscal year, multiplied by one million one hundred thousand dollars ($1,100,000), with that product reduced by the amount anticipated to be paid by the tribes directly into the Indian Gaming Revenue Sharing Trust Fund for the next fiscal year.\n(2) For purposes of this section and Section 12012.75, \u201celigible recipient Indian tribe\u201d means a noncompact, nongaming, or limited-gaming tribe, as defined in the tribal-state gaming compacts ratified and in effect as provided in subdivision (f) of Section 19 of Article IV of the California Constitution.\n(3) This amount shall be based upon actual payments received into the Indian Gaming Revenue Sharing Trust Fund the previous fiscal year, with adjustments made due to amendments to existing tribal-state gaming compacts or newly executed tribal-state gaming compacts with respect to payments to be made to the Indian Gaming Revenue Sharing Trust Fund.\n(b) The Legislature shall transfer from the Indian Gaming Special Distribution Fund to the Indian Gaming Revenue Sharing Trust Fund an amount sufficient for each eligible recipient Indian tribe to receive a total not to exceed two hundred seventy-five thousand dollars ($275,000) for each quarter in the next fiscal year that an eligible recipient Indian tribe is eligible to receive moneys, for a total not to exceed one million one hundred thousand dollars ($1,100,000) for the entire fiscal year. The California Gambling Control Commission shall make quarterly payments from the Indian Gaming Revenue Sharing Trust Fund to each eligible recipient Indian tribe within 45 days of the end of each fiscal quarter.\n(c) If the transfer of funds from the Indian Gaming Special Distribution Fund to the Indian Gaming Revenue Sharing Trust Fund results in a surplus, the funds shall remain in the Indian Gaming Revenue Sharing Trust Fund for disbursement in future years, and if necessary, adjustments shall be made to future distributions from the Indian Gaming Special Distribution Fund to the Revenue Sharing Trust Fund.\n(d) In the event the amount appropriated for the fiscal year is insufficient to ensure each eligible recipient Indian tribe receives the total of two hundred seventy-five thousand dollars ($275,000) for each fiscal quarter, the Department of Finance, after consultation with the California Gambling Control Commission, shall submit to the Legislature a request for a budget augmentation for the current fiscal year with an explanation as to the reason why the amount appropriated for the fiscal year was insufficient.\n(e) At the end of each fiscal quarter, the California Gambling Control Commission\u2019s Indian Gaming Revenue Sharing Trust Fund report shall include information that identifies each of the eligible recipient Indian tribes for that fiscal quarter, the amount paid into the Indian Gaming Revenue Sharing Trust Fund by each of the tribes pursuant to the applicable sections of the tribal-state gaming compact, provided that tribes contributing on a net win or gross gaming revenue basis may be aggregated in the report, and the amount necessary to backfill from the Indian Gaming Special Distribution Fund the shortfall in the Indian Gaming Revenue Sharing Trust Fund in order for each eligible recipient Indian tribe to receive the total of two hundred seventy-five thousand dollars ($275,000) for the fiscal quarter.","title":""}
{"_id":"c279","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 3068 of the Civil Code is amended to read:\n3068.\n(a) Every person has a lien dependent upon possession for the compensation to which\nthe\nthat\nperson is legally entitled for making repairs or performing labor upon, and furnishing supplies or materials for, and for the storage, repair, or safekeeping of, and for the rental of parking space for, any vehicle of a type subject to registration under the Vehicle Code, subject to the limitations set forth in this chapter. The lien shall be deemed to arise at the time a written statement of charges for completed work or services is presented to the registered owner or 15 days after the work or services are completed, whichever occurs first. Upon completion of the work or services, the lienholder shall not dismantle, disengage, remove, or strip from the vehicle the parts used to complete the work or services.\n(b) (1) Any lien under this section that arises because work or services have been performed on a vehicle with the consent of the registered owner shall be extinguished and no lien sale shall be conducted unless either of the following occurs:\n(A) The lienholder applies for an authorization to conduct a lien sale within 30 days after the lien has arisen.\n(B) An action in court is filed within 30 days after the lien has arisen.\n(2) A person whose lien for work or services on a vehicle has been extinguished shall turn over possession of the vehicle, at the place where the work or services were performed, to the legal owner or the lessor upon demand of the legal owner or lessor, and upon tender by the legal owner or lessor, by cashier\u2019s check or in cash, of only the amount for storage, safekeeping, or parking space rental for the vehicle to which the person is entitled by subdivision (c).\n(3) Any lien under this section that arises because work or services have been performed on a vehicle with the consent of the registered owner shall be extinguished, and no lien sale shall be conducted, if the lienholder, after written demand made by either personal service or certified mail with return receipt requested by the legal owner or the lessor to inspect the vehicle, fails to permit that inspection by the legal owner or lessor, or his or her agent, within a period of time not sooner than 24 hours nor later than 72 hours after the receipt of that written demand, during the normal business hours of the lienholder.\n(4) Any lien under this section that arises because work or services have been performed on a vehicle with the consent of the registered owner shall be extinguished, and no lien sale shall be conducted, if the lienholder, after written demand made by either personal service or certified mail with return receipt requested by the legal owner or the lessor to receive a written copy of the work order or invoice reflecting the services or repairs performed on the vehicle and the authorization from the registered owner requesting the lienholder to perform the services or repairs, fails to provide that copy to the legal owner or lessor, or his or her agent, within 10 days after the receipt of that written demand.\n(c) The lienholder shall not charge the legal owner or lessor any amount for release of the vehicle in excess of the amounts authorized by this subdivision.\n(1) That portion of the lien in excess of one thousand five hundred dollars ($1,500) for any work or services, or that amount, subject to the limitations contained in Section 10652.5 of the Vehicle Code, in excess of one thousand twenty-five dollars ($1,025) for any storage, safekeeping, or rental of parking space or, if an application for an authorization to conduct a lien sale has been filed pursuant to Section 3071 within 30 days after the commencement of the storage or safekeeping, in excess of one thousand two hundred fifty dollars ($1,250) for any storage or safekeeping, rendered or performed at the request of any person other than the legal owner or lessor, is invalid, unless prior to commencing any work, services, storage, safekeeping, or rental of parking space, the person claiming the lien gives actual notice in writing either by personal service or by registered letter addressed to the legal owner named in the registration certificate, and the written consent of that legal owner is obtained before any work, services, storage, safekeeping, or rental of parking space are performed.\n(2) Subject to the limitations contained in Section 10652.5 of the Vehicle Code, if any portion of a lien includes charges for the care, storage, or safekeeping of, or for the rental of parking space for, a vehicle for a period in excess of 60 days, the portion of the lien that accrued after the expiration of that period is invalid unless Sections 10650 and 10652 of the Vehicle Code have been complied with by the holder of the lien.\n(3) The charge for the care, storage, or safekeeping of a vehicle which may be charged to the legal owner or lessor shall not exceed that for one day of storage if, 24 hours or less after the vehicle is placed in storage, a request is made for the release of the vehicle. If the request is made more than 24 hours after the vehicle is placed in storage, charges may be imposed on a full, calendar-day basis for each day, or part thereof, that the vehicle is in storage.\n(d) In any action brought by or on behalf of the legal owner or lessor to recover a vehicle alleged to be wrongfully withheld by the person claiming a lien pursuant to this section, the prevailing party shall be entitled to reasonable attorney\u2019s fees and costs, not to exceed one thousand seven hundred fifty dollars ($1,750).","title":""}
{"_id":"c234","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 23102 of the\nRevenue and Taxation Code\nis amended to read:\n23102.\nAny corporation or limited liability company holding or organized to hold stock or bonds of any other corporation or corporations, and not trading in stock or bonds or other securities held, and engaging in no activities other than the receipt and disbursement of dividends from stock or interest from bonds, and no activities other than those exempted under subdivision (c) of Section 191 of the Corporations Code, is not a corporation or limited liability company doing business in this State for the purposes of this chapter or Chapter 10.6.\nSECTION 1.\nSection 17941 of the Revenue and Taxation Code is amended to read:\n17941.\n(a) For each taxable year beginning on or after January 1, 1997, a limited liability company doing business in this\nstate (as\nstate, as\ndefined in Section\n23101)\n23101,\nshall pay annually to this state a tax for the privilege of doing business in this state in an amount equal to the applicable amount specified in\nparagraph (1) of\nsubdivision (d) of Section 23153 for the taxable year.\n(b) (1) In addition to any limited liability company that is doing business in this state and is therefore subject to the tax imposed by subdivision (a), for each taxable year beginning on or after January 1, 1997, a limited liability company shall pay annually the tax prescribed in subdivision (a) if articles of organization have been accepted, or a certificate of registration has been issued, by the office of the Secretary of State. The tax shall be paid for each taxable year, or part thereof, until a certificate of cancellation of registration or of articles of organization is filed on behalf of the limited liability company with the office of the Secretary of State.\n(2) If a taxpayer files a return with the Franchise Tax Board that is designated as its final return, the Franchise Tax Board shall notify the taxpayer that the annual tax shall continue to be due annually until a certificate of dissolution is filed with the Secretary of State pursuant to Section 17707.08 of the Corporations Code or a certificate of cancellation is filed with the Secretary of State pursuant to Section 17708.06 of the Corporations Code.\n(c) The tax assessed under this section shall be due and payable on or before the 15th day of the fourth month of the taxable year.\n(d)\nFor\n(1)\nExcept as provided in paragraph (2), for\npurposes of this section,\na\n\u201climited liability company\u201d means an\norganization, other than a limited liability company that is exempt from the tax and fees imposed under this chapter pursuant to Section 23701h or Section 23701x,\norganization\nthat is formed by one or more persons under the law of this state, any other country, or any other state, as a \u201climited liability company\u201d and that is not taxable as a corporation for California tax purposes.\n(2) Notwithstanding subdivisions (a) and (b), a limited liability company is not subject to the tax imposed under this section if it is either of the following:\n(A) The limited liability company is exempt from the tax and fees imposed under this chapter pursuant to Section 23701h or 23701x.\n(B) (i) The limited liability company is a qualified investment partnership.\n(ii) For purposes of this subparagraph, a qualified investment partnership means a limited liability company that meets all of the following requirements:\n(I) It is classified as a partnership for California income tax purposes.\n(II) No less than 90 percent of the costs of its total assets consist of qualifying investment securities, deposits at banks or other financial institutions, interest or investments in a partnership, or office space and equipment reasonably necessary to carry on its activities as a qualified investment partnership.\n(III) No less than 90 percent of its gross income consists of interest, dividends, and gains from the sale or exchange of qualifying investment securities or investments in a partnership.\n(iii) For purposes of this subparagraph, \u201cqualifying investment securities\u201d has the same meaning as that term is described in subparagraph (A) of paragraph (3) of subdivision (c) of Section 17955.\n(iv) Notwithstanding Section 18633.5, the following rules shall apply with respect to the filing requirements of a qualified investment partnership.\n(I) A qualified investment partnership required to file a federal return pursuant to Section 6031 of the Internal Revenue Code, relating to return of partnership income, shall file a partnership return pursuant to Section 18633 for that taxable year.\n(II) A qualified investment partnership that is not required to file a federal return pursuant to Section 6031 of the Internal Revenue Code, relating to return of partnership income, shall file an information return as prescribed by the Franchise Tax Board for that taxable year.\n(e) Notwithstanding anything in this section to the contrary, if the office of the Secretary of State files a certificate of cancellation pursuant to Section 17707.02 of the Corporations Code for any limited liability company, then paragraph (1) of subdivision (f) of Section 23153 shall apply to that limited liability company as if the limited liability company were properly treated as a corporation for that limited purpose only, and paragraph (2) of subdivision (f) of Section 23153 shall not apply. Nothing in this subdivision entitles a limited liability company to receive a reimbursement for any annual taxes or fees already paid.\n(f) (1) Notwithstanding any provision of this section to the contrary, a limited liability company that is a small business solely owned by a deployed member of the United States Armed Forces shall not be subject to the tax imposed under this section for any taxable year the owner is deployed and the limited liability company operates at a loss or ceases operation.\n(2) The Franchise Tax Board may promulgate regulations as necessary or appropriate to carry out the purposes of this subdivision, including a definition for \u201cceases operation.\u201d\n(3) For the purposes of this subdivision, all of the following definitions apply:\n(A) \u201cDeployed\u201d means being called to active duty or active service during a period when a Presidential Executive order specifies that the United States is engaged in combat or homeland defense. \u201cDeployed\u201d does not include either of the following:\n(i) Temporary duty for the sole purpose of training or processing.\n(ii) A permanent change of station.\n(B) \u201cOperates at a loss\u201d means a limited liability company\u2019s expenses exceed its receipts.\n(C) \u201cSmall business\u201d means a limited liability company with total income from all sources derived from, or attributable, to the state of two hundred fifty thousand dollars ($250,000) or less.\n(4) This subdivision shall become inoperative for taxable years beginning on or after January 1, 2018.\nSEC. 2.\nThis act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect.","title":""}
{"_id":"c219","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 21080.06 is added to the\nPublic Resources Code\n, to read:\n21080.06.\n(a)This division does not apply to a project that is determined by the City of Porterville as the best option based on a feasibility study conducted by the city seeking long-term solutions to the lack of water in East Porterville. The project may be one of the following:\n(1)The construction of a series of satellite water treatment facilities located adjacent to existing water distribution line.\n(2)The construction of an advanced water recycling treatment facility located either adjacent to the city\u2019s existing wastewater treatment facility or at a preferred location, as determined by the results of the city\u2019s feasibility study.\n(3)Upgrades to the city\u2019s existing wastewater treatment facility to allow for tertiary treatment of the city\u2019s wastewater.\n(b)This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date.\nSECTION 1.\nSection 21168.11 is added to the Public Resources Code, to read:\n21168.11.\n(a) For the purposes of this section, the following definitions apply:\n(1) \u201cLead agency\u201d means the City of Porterville.\n(2) \u201cWater treatment project\u201d or \u201cproject\u201d means a project that is determined by the City of Porterville as the best option based on a feasibility study conducted by the city seeking long-term solutions to the lack of water in East Porterville. The project may be one of the following:\n(A) The construction of a series of satellite water treatment facilities in the City of Porterville that are located adjacent to existing water distribution lines.\n(B) The construction of an advanced water recycling treatment facility in the City of Porterville that is located either adjacent to the city\u2019s existing wastewater treatment facility or at a preferred location, as determined by the results of the city\u2019s feasibility study.\n(C) Upgrades to the City of Porterville\u2019s existing wastewater treatment facility to allow for tertiary treatment of the city\u2019s wastewater.\n(b) (1) The draft and final environmental impact report for the project shall include a notice in not less than 12-point type stating the following:\n\n\nTHIS EIR IS SUBJECT TO SECTION 21168.11 OF THE PUBLIC RESOURCES CODE, WHICH PROVIDES, AMONG OTHER THINGS, THAT THE LEAD AGENCY NEED NOT CONSIDER CERTAIN COMMENTS FILED AFTER THE CLOSE OF THE PUBLIC COMMENT PERIOD FOR THE DRAFT EIR. THE APPROVAL OF THE PROJECT DESCRIBED IN THE EIR IS SUBJECT TO THE PROCEDURES SET FORTH IN SECTION 21168.11 OF THE PUBLIC RESOURCES CODE. A COPY OF SECTION 21168.11 OF THE PUBLIC RESOURCES CODE IS INCLUDED IN THE APPENDIX TO THIS EIR.\n\n\n(2) The draft environmental impact report and final environmental impact report shall contain, as an appendix, the full text of this section.\n(3) Within 10 days after the release of the draft environmental impact report, the lead agency shall conduct an informational workshop to inform the public of the key analyses and conclusions of that report.\n(4) Within 10 days before the close of the public comment period, the lead agency shall hold a public hearing to receive testimony on the draft environmental impact report. A transcript of the hearing shall be included as an appendix to the final environmental impact report.\n(5) (A) Within five days following the close of the public comment period, a commenter on the draft environmental impact report may submit to the lead agency a written request for nonbinding mediation. The lead agency shall participate in nonbinding mediation with all commenters who submitted timely comments on the draft environmental impact report and who requested the mediation. Mediation conducted pursuant to this paragraph shall end no later than 35 days after the close of the public comment period.\n(B) A request for mediation shall identify all areas of dispute raised in the comment submitted by the commenter that are to be mediated.\n(C) The lead agency shall select one or more mediators who shall be retired judges or recognized experts with at least five years experience in land use and environmental law or science, or mediation.\n(D) A mediation session shall be conducted on each area of dispute with the parties requesting mediation on that area of dispute.\n(E) The lead agency shall adopt, as a condition of approval, any measures agreed upon by the lead agency and any commenter who requested mediation. A commenter who agrees to a measure pursuant to this subparagraph shall not raise the issue addressed by that measure as a basis for an action or proceeding challenging the lead agency\u2019s decision to certify the environmental impact report or to grant one or more initial project approvals.\n(6) The lead agency need not consider written comments submitted after the close of the public comment period, unless those comments address any of the following:\n(A) New issues raised in the response to comments by the lead agency.\n(B) New information released by the public agency subsequent to the release of the draft environmental impact report, such as new information set forth or embodied in a staff report, proposed permit, proposed resolution, ordinance, or similar documents.\n(C) Changes made to the project after the close of the public comment period.\n(D) Proposed conditions for approval, mitigation measures, or proposed findings required by Section 21081 or a proposed reporting and monitoring program required by paragraph (1) of subdivision (a) of Section 21081.6, where the lead agency releases those documents subsequent to the release of the draft environmental impact report.\n(E) New information that was not reasonably known and could not have been reasonably known during the public comment period.\n(7) The lead agency shall file the notice required by subdivision (a) of Section 21152 within five days after the last initial project approval.\n(c) (1) The lead agency shall prepare and certify the record of the proceedings in accordance with this subdivision and in accordance with Rule 3.1365 of the California Rules of Court.\n(2) No later than three business days following the date of the release of the draft environmental impact report, the lead agency shall make available to the public in a readily accessible electronic format the draft environmental impact report and all other documents submitted to or relied on by the lead agency in the preparation of the draft environmental impact report. A document prepared by the lead agency after the date of the release of the draft environmental impact report that is a part of the record of the proceedings shall be made available to the public in a readily accessible electronic format within five business days after the document is prepared or received by the lead agency.\n(3) Notwithstanding paragraph (2), documents submitted to or relied on by the lead agency that were not prepared specifically for the project and are copyright protected are not required to be made readily accessible in an electronic format. For those copyright protected documents, the lead agency shall make an index of these documents available in an electronic format no later than the date of the release of the draft environmental impact report, or within five business days if the document is received or relied on by the lead agency after the release of the draft environmental impact report. The index must specify the libraries or lead agency offices in which hardcopies of the copyrighted materials are available for public review.\n(4) The lead agency shall encourage written comments on the project to be submitted in a readily accessible electronic format, and shall make any such comment available to the public in a readily accessible electronic format within five days of its receipt.\n(5) Within seven business days after the receipt of any comment that is not in an electronic format, the lead agency shall convert that comment into a readily accessible electronic format and make it available to the public in that format.\n(6) The lead agency shall indicate in the record of the proceedings comments received that were not considered by the lead agency pursuant to paragraph (6) of subdivision (b) and need not include the content of the comments as a part of the record.\n(7) Within five days after the filing of the notice required by subdivision (a) of Section 21152, the lead agency shall certify the record of the proceedings for the approval or determination and shall provide an electronic copy of the record to a party that has submitted a written request for a copy. The lead agency may charge and collect a reasonable fee from a party requesting a copy of the record for the electronic copy, which shall not exceed the reasonable cost of reproducing that copy.\n(8) Within 10 days after being served with a complaint or a petition for a writ of mandate, the lead agency shall lodge a copy of the certified record of proceedings with the superior court.\n(9) Any dispute over the content of the record of the proceedings shall be resolved by the superior court. Unless the superior court directs otherwise, a party disputing the content of the record shall file a motion to augment the record at the time it files its initial brief.\n(10) The contents of the record of proceedings shall be as set forth in subdivision (e) of Section 21167.6.\nSEC. 2.\nThe 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 unprecedented drought conditions that have resulted in more than 600 homes in the City of Porterville without a functioning domestic water well.\nSEC. 3.\nThis 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:\nTo ensure the expeditious construction of recycled water treatment facilities and directly related pipelines to mitigate drought conditions for which the Governor has declared a state of emergency, it is necessary for this measure to take effect immediately.","title":""}
{"_id":"c38","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nChapter 10 (commencing with Section 32499) is added to Division 23 of the Health and Safety Code, to read:\nCHAPTER  10. Desert Healthcare District Reorganization\n32499.\n(a) The Desert Healthcare District may be expanded in accordance with this chapter. All other provisions of this division shall apply to the Desert Healthcare District following its reorganization, except as provided in this chapter.\n(b) (1) On or before January 5, 2017, the Desert Healthcare District shall file a resolution of application with the Riverside County Local Agency Formation Commission, pursuant to subdivision (a) of Section 56654 of the Government Code, to initiate proceedings by the Riverside County Local Agency Formation Commission for the purpose of expanding the Desert Healthcare District to include the East Coachella Valley region. The expanded district shall include all communities served by the Desert Healthcare District as of the date of the filing of the resolution of application, and shall also include, but not be limited to, the communities of Indian Wells, La Quinta, Indio, and Coachella, and the unincorporated areas of Bermuda Dunes, Mecca, Thermal, Oasis, North Shore, and Vista Santa Rosa. The resolution of application shall comply with Section 56652 of the Government Code and shall specify the source of funding for the expanded district. The Desert Healthcare District shall pay any fees associated with the resolution of application.\n(2) The Riverside County Local Agency Formation Commission proceeding shall be deemed initiated on the date the resolution of application is accepted for filing. Subsequent to initiation of the proceeding, the commission shall hold a hearing pursuant to Section 56666 of the Government Code. The commission shall comply with the notice requirements of Sections 56660 and 56661 of the Government Code in connection with the hearing.\n(3) The Riverside County Local Agency Formation Commission shall complete its proceedings and direct the election required by paragraph (2) of subdivision (c) no later than 150 days following receipt of the completed resolution of application. Notwithstanding any other law, the Riverside County Local Agency Formation Commission shall not have the power to disapprove the resolution of application.\n(4) Notwithstanding any other law, the resolution of application filed by the Desert Healthcare District pursuant to this subdivision shall not be subject to any protest proceedings.\n(c) (1) The Riverside County Local Agency Formation Commission shall order the expansion of the district subject to a vote of the registered voters residing within the territory to be annexed at an election following the completion of proceedings pursuant to subdivision (b). The commission may condition the annexation on the district\u2019s imposition of sufficient revenues to provide services within the territory to be annexed, including, but not limited to, the concurrent approval of special taxes or benefit assessments that will generate those sufficient revenues.\n(2) The Riverside County Local Agency Formation Commission shall direct the Board of Supervisors of the County of Riverside to direct county officials to conduct the necessary election for approval of district expansion by placing approval of district expansion, pursuant to subdivision (d) of Section 57118 of the Government Code, and approval of any necessary funding source for the expanded district that requires voter approval on the ballot at the next countywide election.\n(3) If a majority of the voters within the territory ordered to be annexed vote in favor of the expanded district and if a number of voters required under applicable law to approve any necessary funding source that requires voter approval vote in favor of that funding source, the district shall be expanded in accordance with this chapter.\n(4) The district shall pay to the county the actual cost of the services rendered in conducting the election.\n(d) The Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Division 3 (commencing with Section 56000) of Title 5 of the Government Code) shall not apply to the expansion of the district pursuant to subdivisions (b) and (c), except as specified in this part. The act shall apply to any other change of organization or reorganization as defined in that act, following the reorganization of the district pursuant to this section.\n(e) As used in this chapter, \u201cdistrict\u201d means the Desert Healthcare District.\n32499.2.\n(a) Thirty days after the expansion of the district, and notwithstanding Sections 32100.01 and 32100.02, the Board of Directors of the Desert Healthcare District shall adopt a resolution to increase the number of members of its board of directors from five to seven without the necessity of a petition or approval thereof by voters residing within the district. The resolution shall become effective on the date of, and subject to any conditions specified in, the resolution.\n(b) The additional vacancies created by the expansion shall be filled by appointment by the board of directors. A person appointed to fill a vacancy created by subdivision (a) shall be a registered voter and a resident of the territory annexed by the district pursuant to Section 32499.\n(c) Upon appointment, the board shall, by lot, designate one member appointed pursuant to subdivision (a) who shall leave office when his or her successor takes office pursuant to Section 10554 of the Elections Code, and one member appointed pursuant to subdivision (a) who shall leave office two years thereafter.\n(d) A vacancy in one or both of the board positions created by subdivision (a) after the first appointments to those positions pursuant to subdivision (b) shall be filled by the methods prescribed in Section 1780 of the Government Code, and, after January 1, 2020, shall be filled by the methods prescribed in Section 32499.3.\n(e) This section shall only become operative if the Desert Healthcad) The voting districts described in subdivision (a) and any necessary procedures for implementing the election of the board of directors by voting districts shall be established and implemented on or before January 1, 2020.\n(e) The voting districts established pursuant to this section shall be effective for the next district election after January 1, 2020. At the expiration of the terms of office of the members of the board of directors then in office, and thereafter, these members of the board of directors shall be elected by voting districts. One member of the board of directors shall be elected by the electors of each of the voting districts. A person shall not be eligible to hold the office of member of the board of directors unless he or she has been a resident of the voting district from which he or she is elected for 30 days next preceding the date of the election.\n(f) A vacancy upon the board that results in a voting district left unrepresented prior to the expiration of the term of that board position shall be filled by appointment of the remaining members of the board of directors. A member of the board of directors appointed pursuant to this subdivision shall be a resident of the voting district left unrepresented on the board of directors.\n(g) This section shall become operative only if the Desert Healthcare District is expanded in accordance with Section 32499.\n32499.4.\nIt is the intent of the Legislature that the Desert Healthcare District maximize the use of its assets to provide direct health services to individuals within the district through direct operation of or funding provided to organizations that own or operate hospitals, medical clinics, ambulance services, transportation programs for seniors or persons with disabilities, wellness centers, health education services, promotoras, mental health services, veterans\u2019 health services, and other similar services.\nSEC. 2.\nThe 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 community needs in Riverside County that would be served by the expansion of the Desert Healthcare District to include the entire Coachella Valley region, including limited access in the eastern Coachella Valley to health care services by an underserved population that suffers from a higher than average prevalence of preventable disease.\nSEC. 3.\nIf 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.","title":""}
{"_id":"c173","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 1686 is added to the Vehicle Code, to read:\n1686.\n(a) In order to continue to improve the quality of products and services it provides to its customers, the department, in conformance with Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code, may establish contracts for electronic programs that allow qualified private industry partners to join the department in providing services that include processing and payment programs for driver\u2019s license renewals pursuant to Section 12800.\n(b) (1) The department may enter into contractual agreements with qualified private industry partners to provide the services authorized under subdivision (a). The following three types of private industry partnerships are authorized under this section:\n(A) A first-line business partner is an industry partner that receives data directly from the department and uses it to complete an activity authorized in subdivision (a), for that partner\u2019s own business purposes.\n(B) A first-line service provider is an industry partner that receives information from the department and then transmits it to another authorized industry partner.\n(C) A second-line business partner is a partner that receives information from a first-line service provider.\n(2) The private industry partner contractual agreements shall include the following minimum requirements:\n(A) Filing of an application and payment of an application fee, as established by the department.\n(B) Submission of information, including, but not limited to, fingerprints and personal history statements, focusing on and concerning the applicant\u2019s character, honesty, integrity, and reputation as the department may consider necessary.\n(C) Posting a bond in an amount consistent with Section 1815.\n(3) A private industry partner\u2019s contractual agreements shall be met for purposes of this section if the private industry partner satisfies the contractual agreements required in Section 1685.\n(4) The department, by regulation, shall establish any additional requirements for the purpose of safeguarding privacy and protecting the information authorized for release under this section.\n(c) The director, through the adoption of regulations, may establish the maximum amount that a qualified private industry partner may charge its customers in providing the services authorized under subdivision (a).\n(d) The department shall charge a three-dollar ($3) transaction fee for each category of information and services provided under subdivision (a). The private industry partner may pass the transaction fee to the customer, but the total charge to a customer for any category of information and services may not exceed the amount established by the director under subdivision (c).\n(e) All fees collected by the department pursuant to subdivision (d) shall be deposited in the Motor Vehicle Account. On January 1 of each year, the department shall adjust the fee in accordance with the California Consumer Price Index. The amount of the fee shall be rounded to the nearest whole dollar, with amounts equal to, or greater than, fifty cents ($0.50) rounded to the next highest whole dollar.\n(f) The department shall adopt or revise regulations and procedures that ensure adequate oversight and monitoring of qualified private industry partners to protect the department\u2019s customers from the improper use of information provided to the qualified industry partner pursuant to this section. These regulations and procedures shall include provisions for qualified private industry partners to periodically submit records to the department, and the department shall review those records as necessary. The regulations shall also include provisions for the dedication of department resources to program monitoring and oversight; the protection of confidential records in the department\u2019s files and databases; and the duration and nature of the contracts with qualified private industry partners.\n(g) Notwithstanding Section 10231.5 of the Government Code, by October 1 of each year, the department shall provide a report to the Legislature that shall include all of the following information gathered during the fiscal year immediately preceding the report date:\n(1) Listing of all qualified private industry partners, including names and business addresses.\n(2) Volume of transactions, by type, completed by business partners.\n(3) Total amount of funds, by transaction type, collected by business partners.\n(4) Total amount of funds received by the department.\n(5) Description of any fraudulent activities identified by the department.\n(6) Evaluation of the benefits of the program.\n(7) Recommendations for any administrative or statutory changes that may be needed to improve the program.\n(h) A report submitted under subdivision (g) shall be submitted pursuant to Section 9795 of the Government Code.\n(i) This section does not impair or limit the authority provided in Section 12155 of the Insurance Code.\nSECTION 1.\nSection 1685 of the\nVehicle Code\nis amended to read:\n1685.\n(a)In order to continue improving the quality of products and services it provides to its customers, the department, in conformance with Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code, may establish contracts for electronic programs that allow qualified private industry partners to join the department in providing services that include processing and payment programs for all of the following:\n(1)Vehicle registration and titling transactions.\n(2)Driver\u2019s license renewals.\n(3)Eyesight and hearing tests.\n(4)Fingerprinting services.\n(5)Photography services.\n(b)(1)The department may enter into contractual agreements with qualified private industry partners to provide the services authorized under subdivision (a). The following three types of private industry partnerships are authorized under this section:\n(A)A first-line business partner is an industry partner that receives data directly from the department and uses it to complete an activity authorized in subdivision (a), for that partner\u2019s own business purposes.\n(B)A first-line service provider is an industry partner that receives information from the department and then transmits it to another authorized industry partner.\n(C)A second-line business partner is a partner that receives information from a first-line service provider.\n(2)The private industry partner contractual agreements shall include the following minimum requirements:\n(A)Filing of an application and payment of an application fee, as established by the department.\n(B)Submission of information, including, but not limited to, fingerprints and personal history statements, focusing on and concerning the applicant\u2019s character, honesty, integrity, and reputation as the department may consider necessary.\n(C)Posting a bond in an amount consistent with Section 1815.\n(3)The department, by regulation, shall establish any additional requirements for the purpose of safeguarding privacy and protecting the information authorized for release under this section.\n(c)The director, through the adoption of regulations, may establish the maximum amount that a qualified private industry partner may charge its customers in providing the services authorized under subdivision (a).\n(d)The department shall charge a three-dollar ($3) transaction fee for each category of information and services provided under subdivision (a). The private industry partner may pass the transaction fee to the customer, but the total charge to a customer for any category of information and services may not exceed the amount established by the director under subdivision (c).\n(e)All fees collected by the department pursuant to subdivision (d) shall be deposited in the Motor Vehicle Account. On January 1 of each year, the department shall adjust the fee in accordance with the California Consumer Price Index. The amount of the fee shall be rounded to the nearest whole dollar, with amounts equal to, or greater than, fifty cents ($0.50) rounded to the next highest whole dollar.\n(f)The department shall adopt or revise regulations and procedures that ensure adequate oversight and monitoring of qualified private industry partners to protect vehicle owners and other department customers from the improper use of vehicle records or other information provided to the qualified industry partner pursuant to this section. These regulations and procedures shall include provisions for qualified private industry partners to periodically submit records to the department, and the department shall review those records as necessary. The regulations shall also include provisions for the dedication of department resources to program monitoring and oversight; the protection of confidential records in the department\u2019s files and databases; and the duration and nature of the contracts with qualified private industry partners.\n(g)Notwithstanding Section 10231.5 of the Government Code, by October 1 of each year, the department shall provide a report to the Legislature that shall include all of the following information gathered during the fiscal year immediately preceding the report date:\n(1)Listing of all qualified private industry partners, including names and business addresses.\n(2)Volume of transactions, by type, completed by business partners.\n(3)Total amount of funds, by transaction type, collected by business partners.\n(4)Total amount of funds received by the department.\n(5)Description of any fraudulent activities identified by the department.\n(6)Evaluation of the benefits of the program.\n(7)Recommendations for any administrative or statutory changes that may be needed to improve the program.\n(h)A report submitted under subdivision (g) shall be submitted pursuant to Section 9795 of the Government Code.\n(i)This section does not impair or limit the authority provided in Section 4610 or Section 12155 of the Insurance Code.","title":""}
{"_id":"c246","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 25417.5 of the Public Resources Code is amended to read:\n25417.5.\n(a) In furtherance of the purposes of the commission as set forth in this chapter, the commission has the power and authority to do all of the following:\n(1) Borrow money, for the purpose of obtaining funds to make loans pursuant to this chapter, from the California Economic Development Financing Authority, the California Infrastructure and Economic Development Bank, and the California Consumer Power and Conservation Financing Authority from the proceeds of revenue bonds issued by any of those agencies.\n(2) Pledge collateral to secure the repayment of moneys borrowed pursuant to paragraph (1) or of bonds or other borrowings by the California Infrastructure and Economic Development Bank. The commission may pledge, as collateral for these purposes, the loans made pursuant to this chapter or former Chapter 5.4 (commencing with Section 25440) or the principal and interest payments on loans made pursuant to this chapter or former Chapter 5.4 (commencing with Section 25440). These pledges shall be subject to Chapter 5.5 (commencing with Section 5450) of Division 6 of Title 1 of the Government Code.\n(3) Sell loans made pursuant to this chapter or former Chapter 5.4 (commencing with Section 25440), at prices determined in the sole discretion of the commission, to the California Economic Development Financing Authority, the California Infrastructure and Economic Development Bank, and the California Consumer Power and Conservation Financing Authority to raise funds to enable the commission to make loans to eligible institutions.\n(4) Enter into loan agreements or other contracts necessary or appropriate in connection with the pledge or sale of loans pursuant to paragraph (2) or (3), or the borrowing of money as provided in paragraph (1), containing any provisions that may be required by the California Economic Development Financing Authority, the California Infrastructure and Economic Development Bank, or the California Consumer Power and Conservation Financing Authority as conditions of issuing bonds to fund loans to, or the purchase of loans from, the commission.\n(b) In connection with the pledging of loans, or of the principal and interest payment on loans, pursuant to paragraph (2) of subdivision (a), the commission may enter into pledge agreements setting forth the terms and conditions pursuant to which the commission is pledging loans or the principal and interest payment on loans, including the pledging of loans or the principal and interest payment on loans as collateral to secure the repayment of bonds or other borrowings by the California Infrastructure and Economic Development Bank, and may also agree to have the loans held by bond trustees or by independent collateral or escrow agents and to direct that payments received on those loans be paid to those trustee, collateral, or escrow agents.\n(c) The commission may employ financial consultants, legal advisers, accountants, and other service providers, as may be necessary in its judgment, in connection with activities pursuant to this chapter.\n(d) Notwithstanding any other provision of law, this chapter provides a complete, separate, additional, and alternative method for implementing the measures authorized by this chapter, including the authority of the eligible institutions or local jurisdictions to have borrowed and to borrow in the future pursuant to loans made pursuant to this chapter or former Chapter 5.4 (commencing with Section 25440), and is supplemental and additional to powers conferred by other laws.\nSEC. 2.\nSection 25421 of the Public Resources Code is amended to read:\n25421.\n(a) Except as provided in subdivision (b), this chapter shall remain in effect only until January 1, 2028, and as of that date is repealed, unless a later enacted statute, which is enacted before January 1, 2028, deletes or extends that date.\n(b) Except as specified in subdivisions (c) and (d), all loans outstanding as of January 1, 2028, shall continue to be repaid on a semiannual basis, as specified in Section 25415, until paid in full. All unexpended funds in the State Energy Conservation Assistance Account on January 1, 2028, and after that date, shall revert to the General Fund.\n(c) To the extent required under applicable bond obligations, unexpended funds from the proceeds of bonds sold pursuant to Section 25417.5 that remain in the State Energy Conservation Assistance Account on January 1, 2028, shall remain in the account. These funds shall be expended pursuant to the applicable requirements for bond proceeds. Once all applicable bond obligations have been satisfied, unexpended funds shall revert to the General Fund.\n(d) Unexpended funds from the federal American Recovery and Reinvestment Act of 2009 (Public Law 111-5) remaining in the State Energy Conservation Assistance Account on January 1, 2028, shall revert to the Federal Trust Fund.","title":""}
{"_id":"c133","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 1347 of the Penal Code is amended to read:\n1347.\n(a) It is the intent of the Legislature in enacting this section to provide the court with discretion to employ alternative court procedures to protect the rights of a child witness, the rights of the defendant, and the integrity of the judicial process. In exercising its discretion, the court necessarily will be required to balance the rights of the defendant or defendants against the need to protect a child witness and to preserve the integrity of the court\u2019s truthfinding function. This discretion is intended to be used selectively when the facts and circumstances in an individual case present compelling evidence of the need to use these alternative procedures.\n(b) Notwithstanding any other law, the court in a criminal proceeding, upon written notice by the prosecutor made at least three days prior to the date of the preliminary hearing or trial date on which the testimony of the minor is scheduled, or during the course of the proceeding on the court\u2019s own motion, may order that the testimony of a minor 13 years of age or younger at the time of the motion be taken by contemporaneous examination and cross-examination in another place and out of the presence of the judge, jury, defendant or defendants, and attorneys, and communicated to the courtroom by means of closed-circuit television, if the court makes all of the following findings:\n(1) The minor\u2019s testimony will involve a recitation of the facts of any of the following:\n(A) An alleged sexual offense committed on or with the minor.\n(B) An alleged violent felony, as defined in subdivision (c) of Section 667.5.\n(C) An alleged felony offense specified in Section 273a or 273d of which the minor is a victim.\n(2) The impact on the minor of one or more of the factors enumerated in subparagraphs (A) to (E), inclusive, is shown by clear and convincing evidence to be so substantial as to make the minor unavailable as a witness unless closed-circuit testimony is used.\n(A) Testimony by the minor in the presence of the defendant would result in the child suffering serious emotional distress so that the child would be unavailable as a witness.\n(B) The defendant used a deadly weapon in the commission of the offense.\n(C) The defendant threatened serious bodily injury to the child or the child\u2019s family, threatened incarceration or deportation of the child or a member of the child\u2019s family, threatened removal of the child from the child\u2019s family, or threatened the dissolution of the child\u2019s family in order to prevent or dissuade the minor from attending or giving testimony at any trial or court proceeding, or to prevent the minor from reporting the alleged sexual offense, or from assisting in criminal prosecution.\n(D) The defendant inflicted great bodily injury upon the child in the commission of the offense.\n(E) The defendant or his or her counsel behaved during the hearing or trial in a way that caused the minor to be unable to continue his or her testimony.\nIn making the determination required by this section, the court shall consider the age of the minor, the relationship between the minor and the defendant or defendants, any handicap or disability of the minor, and the nature of the acts charged. The minor\u2019s refusal to testify shall not alone constitute sufficient evidence that the special procedure described in this section is necessary to obtain the minor\u2019s testimony.\n(3) The equipment available for use of closed-circuit television would accurately communicate the image and demeanor of the minor to the judge, jury, defendant or defendants, and attorneys.\n(c) If the court orders the use of closed-circuit television, two-way closed-circuit television shall be used, except that if the impact on the minor of one or more of the factors enumerated in subparagraphs (A) to (E), inclusive, of paragraph (2) of subdivision (b), is shown by clear and convincing evidence to be so substantial as to make the minor unavailable as a witness even if two-way closed-circuit television is used, one-way closed-circuit television may be used. The prosecution shall give the defendant or defendants at least 30 days\u2019 written notice of the prosecution\u2019s intent to seek the use of one-way closed-circuit television, unless the prosecution shows good cause to the court why this 30-day notice requirement should not apply.\n(d) (1) The hearing on a motion brought pursuant to this section shall be conducted out of the presence of the jury.\n(2) Notwithstanding Section 804 of the Evidence Code or any other law, the court, in determining the merits of the motion, shall not compel the minor to testify at the hearing, nor shall the court deny the motion on the ground that the minor has not testified.\n(3) In determining whether the impact on an individual child of one or more of the five factors enumerated in paragraph (2) of subdivision (b) is so substantial that the minor is unavailable as a witness unless two-way or one-way closed-circuit television is used, the court may question the minor in chambers, or at some other comfortable place other than the courtroom, on the record for a reasonable period of time with the support person, the prosecutor, and defense counsel present. The defendant or defendants shall not be present. The court shall conduct the questioning of the minor and shall not permit the prosecutor or defense counsel to examine the minor. The prosecutor and defense counsel shall be permitted to submit proposed questions to the court prior to the session in chambers. Defense counsel shall be afforded a reasonable opportunity to consult with the defendant or defendants prior to the conclusion of the session in chambers.\n(e) When the court orders the testimony of a minor to be taken in another place outside of the courtroom, the court shall do all of the following:\n(1) Make a brief statement on the record, outside of the presence of the jury, of the reasons in support of its order. While the statement need not include traditional findings of fact, the reasons shall be set forth with sufficient specificity to permit meaningful review and to demonstrate that discretion was exercised in a careful, reasonable, and equitable manner.\n(2) Instruct the members of the jury that they are to draw no inferences from the use of closed-circuit television as a means of facilitating the testimony of the minor.\n(3) Instruct respective counsel, outside of the presence of the jury, that they are to make no comment during the course of the trial on the use of closed-circuit television procedures.\n(4) Instruct the support witness, outside of the presence of the jury, that he or she is not to coach, cue, or in any way influence or attempt to influence the testimony of the minor.\n(5) Order that a complete record of the examination of the minor, including the images and voices of all persons who in any way participate in the examination, be made and preserved as a video recording in addition to being stenographically recorded. The video recording shall be transmitted to the clerk of the court in which the action is pending and shall be made available for viewing to the prosecuting attorney, the defendant or defendants, and his or her attorney during ordinary business hours. The video recording shall be destroyed after five years have elapsed from the date of entry of judgment. If an appeal is filed, the video recording shall not be destroyed until a final judgment on appeal has been ordered. A video recording that is taken pursuant to this section is subject to a protective order of the court for the purpose of protecting the privacy of the witness. This subdivision does not affect the provisions of subdivision (b) of Section 868.7.\n(f) When the court orders the testimony of a minor to be taken in another place outside the courtroom, only the minor, a support person designated pursuant to Section 868.5, a nonuniformed bailiff, any technicians necessary to operate the closed-circuit equipment, and, after consultation with the prosecution and the defense, a representative appointed by the court, shall be physically present for the testimony. A video recording device shall record the image of the minor and his or her testimony, and a separate video recording device shall record the image of the support person.\n(g) When the court orders the testimony of a minor to be taken in another place outside the courtroom, the minor shall be brought into the judge\u2019s chambers prior to the taking of his or her testimony to meet for a reasonable period of time with the judge, the prosecutor, and defense counsel. A support person for the minor shall also be present. This meeting shall be for the purpose of explaining the court process to the child and to allow the attorneys an opportunity to establish rapport with the child to facilitate later questioning by closed-circuit television. No participant shall discuss the defendant or defendants or any of the facts of the case with the minor during this meeting.\n(h) When the court orders the testimony of a minor to be taken in another place outside the courtroom, nothing in this section prohibits the court from ordering the minor to be brought into the courtroom for a limited purpose, including the identification of the defendant or defendants as the court deems necessary.\n(i) The examination shall be under oath, and the defendant or defendants shall be able to see and hear the minor witness, and if two-way closed-circuit television is used, the defendant\u2019s image shall be transmitted live to the witness.\n(j) Nothing in this section affects the disqualification of witnesses pursuant to Section 701 of the Evidence Code.\n(k) The cost of examination by contemporaneous closed-circuit television ordered pursuant to this section shall be borne by the court out of its existing budget.\n(l) Nothing in this section shall be construed to prohibit a defendant from being represented by counsel during any closed-circuit testimony.","title":""}
{"_id":"c75","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 10159.5 of the Business and Professions Code is amended to read:\n10159.5.\n(a) (1) Every person applying for a license under this chapter who desires to have the license issued under a fictitious business name shall file with his or her application a certified copy of his or her fictitious business name statement filed with the county clerk pursuant to Chapter 5 (commencing with Section 17900) of Part 3 of Division 7.\n(2) A responsible broker may, by contract, permit a salesperson to do all of the following:\n(A) File an application on behalf of a responsible broker with a county clerk to obtain a fictitious business name.\n(B) Deliver to the bureau an application, signed by the responsible broker, requesting the bureau\u2019s approval to use a county approved fictitious business name that shall be identified with the responsible broker\u2019s license number.\n(C) Pay for any fees associated with filing an application with a county or the bureau to obtain or use a fictitious business name.\n(D) Maintain ownership of a fictitious business name, as defined in paragraph (2) of subdivision (a) of Section 10159.7, that may be used subject to the control of the responsible broker.\n(b) (1) A salesperson using a fictitious business name authorized by subdivision (a), shall use that name only as permitted by his or her responsible broker.\n(2) This section does not change a real estate broker\u2019s duties under this division to supervise a salesperson.\n(c) A person applying to a county for a fictitious business name pursuant to subdivision (a) may file his or her application in the county or counties where the fictitious business name will be used.\n(d) Advertising and solicitation materials, including business cards, print or electronic media and \u201cfor sale\u201d signage, using a fictitious business name obtained in accordance with paragraph (2) of subdivision (a) shall include the responsible broker\u2019s identity, as defined in paragraph (1) of subdivision (a) of Section 10159.7, in a manner equally as prominent as the fictitious business name.\n(e) Notwithstanding subdivision (b) of Section 10140.6, advertising and solicitation materials, including print or electronic media and \u201cfor sale\u201d signage, containing a fictitious business name obtained in accordance with paragraph (2) of subdivision (a) shall include the name and license number of the salesperson who is using the fictitious business name.\n(f) Notwithstanding Section 10185, a violation of this section is not a misdemeanor.\nSEC. 2.\nSection 10159.6 of the Business and Professions Code is amended to read:\n10159.6.\nAll of the following apply to use of a team name, as defined in paragraph (5) of subdivision (a) of Section 10159.7:\n(a) Notwithstanding subdivision (b) of Section 10140.6, advertising and solicitation materials that contain a team name, including print or electronic media and \u201cfor sale\u201d signage, shall include, and display in a conspicuous and prominent manner, the team name and the name and license number of at least one of the licensed members of the team.\n(b) The responsible broker\u2019s identity, as defined in paragraph (1) of subdivision (a) of Section 10159.7, shall be displayed as prominently and conspicuously as the team name in all advertising and solicitation materials.\n(c) The advertising and solicitation materials shall not contain terms that imply the existence of a real estate entity independent of the responsible broker.\n(d) Notwithstanding Section 10185, a violation of this section is not a misdemeanor.\nSEC. 3.\nSection 10159.7 of the Business and Professions Code is amended to read:\n10159.7.\n(a) For the purposes of this article, the following definitions shall apply:\n(1) \u201cResponsible broker\u2019s identity\u201d means a name and the associated license identification number under which the responsible broker is currently licensed by the bureau and conducts business in general or is a substantial division of the real estate firm. Responsible broker\u2019s identity does not include a fictitious business name obtained pursuant to paragraph (2) of subdivision (a) of Section 10159.5 or the use of a team name pursuant to Section 10159.6.\n(2) \u201cFictitious business name\u201d means a professional identity or brand name under which activity requiring a real estate license is conducted and the use of which is subject to approval by the bureau pursuant to Section 10159.5.\n(3) \u201cOwnership of a fictitious business name\u201d means the right to use, renew, and control the use of a fictitious business name obtained in accordance with Section 10159.5.\n(4) \u201cResponsible broker\u201d means the broker responsible for the exercise of control and supervision of salespersons under Section 10159.2, or a licensee subject to discipline under subdivision (h) of Section 10177 for failure to supervise activity requiring a real estate license. The supervision of a salesperson required under this part or any other law is limited to regulatory compliance and consumer protection.\n(5) \u201cTeam name\u201d means a professional identity or brand name used by a salesperson, and one or more other real estate licensees, for the provision of real estate licensed services. Notwithstanding any other law, the use of a team name does not require that a separate license be issued for that name pursuant to Section 10159.5. A team name does not constitute a fictitious business name for purposes of this part or any other law or for purposes of filing a fictitious business name statement with an application as required by subdivision (a) of Section 10159.5 if all of the following apply:\n(A) The name is used by two or more real estate licensees who work together to provide licensed real estate services, or who represent themselves to the public as being a part of a team, group, or association to provide those services.\n(B) The name includes the surname of at least one of the licensee members of the team, group, or association in conjunction with the term \u201cassociates,\u201d \u201cgroup,\u201d or \u201cteam.\u201d\n(C) The name does not include any term or terms, such as \u201creal estate broker,\u201d \u201creal estate brokerage,\u201d \u201cbroker,\u201d or \u201cbrokerage\u201d or any other term that would lead a member of the public to believe that the team is offering real estate brokerage services, that imply or suggest the existence of a real estate entity independent of a responsible broker.\n(b) Nothing in this section changes a real estate broker\u2019s duties under this division to supervise a salesperson.\nSEC. 4.\nThis 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:\nIn order to ensure that the law regarding \u201cteam names\u201d is applied consistently at the state and local level and that a \u201cteam name\u201d does not constitute a fictitious business name for purposes of any law, it is necessary that this act take effect immediately.","title":""}
{"_id":"c337","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 52074.5 is added to the Education Code, to read:\n52074.5.\n(a)\n(1)\nCommencing with the 2016\u201317 fiscal year, the California Collaborative for Educational Excellence shall establish a statewide\ninfrastructure\nprocess\nto provide professional development training to school districts, county offices of education, and charter schools for the purpose of successfully utilizing the evaluation rubrics adopted by the state board pursuant to Section 52064.5.\n(2) School districts, county offices of education, and charter schools that participate in professional development training are encouraged to include in the training all stakeholders that are involved in the development of a local control and accountability plan, including, but not limited to, teachers, principals, administrators, other school personnel, local bargaining units of the school district or county office of education, parents, pupils, and members of the community, as required pursuant to subdivision (e) of Section 47606.5, subdivision (g) of Section 52060, Section 52062, subdivision (g) of Section 52066, and Section 52068.\n(b) The professional development training shall include, but shall not be limited to, all of the following:\n(1) Information on how the evaluation rubrics are used for the development and implementation of the local control and accountability plans required pursuant to Sections 52060 and 52066, and the requirements of subparagraph (A) of paragraph (5) of subdivision (b) of Section 47605 and subparagraph (A) of paragraph (5) of subdivision (b) of Section 47605.6.\n(2) Information on how the evaluation rubrics will be used to improve pupil outcomes, with emphasis on closing the achievement gap for unduplicated pupils, as defined in Section 42238.02, and the pupil subgroups identified in Section 52052.\n(3) The role of statewide and local data in using the evaluation rubrics to inform the development of local control and accountability plans and to communicate with stakeholders.\n(4) Information on how the evaluation rubrics will be used, in conjunction with local control and accountability plans, to establish a system of continuous improvement, as identified in subdivision (c) of Section 52064.5.\n(c) The California Collaborative for Educational Excellence shall ensure that the professional development training is provided in each region of the state and available to all school districts, county offices of education, and charter schools. The California Collaborative for Educational Excellence may contract with one or more entities to provide the professional development training.\n(d) (1) The California Collaborative for Educational Excellence shall submit an implementation plan to the relevant policy and fiscal committees of the Legislature, the Director of Finance, and the Legislative Analyst\u2019s Office within 30 days of the state board\u2019s adoption of the evaluation rubrics. The plan shall include relevant expenditure and provider information, and a timeline to commence training by no later than October 15, 2016.\n(2) The implementation plan shall also include information on how the California Collaborative for Educational Excellence will determine the appropriate sequence of which local educational agencies will receive the professional development training.\n(e)\n(1)\nDuring the 2017\u201318 fiscal year, the California Collaborative for Educational Excellence shall conduct a survey of school districts, county offices of education, and charter schools on how they used the evaluation rubrics to develop and implement their most recent local control and accountability plan, or meet the requirements of subparagraph (A) of paragraph (5) of subdivision (b) of Section 47605 or subparagraph (A) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable.\n(2) The California Collaborative for Educational Excellence may contract with one or more entities to develop, administer, monitor, and analyze the survey.\n(f) This section shall not be implemented unless funding is provided for its purposes in the annual Budget Act or another enacted statute.\nSEC. 2.\nSection 52074.6 is added to the Education Code, to read:\n52074.6.\n(a) (1) During the 2016\u201317 and 2017\u201318 fiscal years, the California Collaborative for Educational Excellence shall implement a pilot program that will inform its long-term efforts to advise and assist school districts, county superintendents of schools, and charter schools in improving pupil outcomes pursuant to Section 52074.\n(2) It is the intent of the Legislature that this pilot program be used to advise the governing board of the California Collaborative for Educational Excellence in their efforts to provide research based, quality advice and assistance to local educational agencies. Nothing in this section prohibits the California Collaborative for Educational Excellence from continuing to meet the requirements of Section 52074 in the 2016\u201317 fiscal year or in future fiscal years.\n(b) On or before August 15, 2016, the governing board of the California Collaborative for Educational Excellence shall submit a plan for implementing the pilot program to the relevant policy and fiscal committees of the Legislature, the Director of Finance, and the Legislative Analyst\u2019s Office. At a minimum, the plan shall describe all of the following:\n(1) The goals of the pilot program, including, but not limited to, improving pupil outcomes related to the state priorities identified in Sections 52060 and 52066.\n(2) The major implementation activities of the pilot program and the means for assessing whether the goals are met.\n(3) An implementation timeline and a program budget, with anticipated expenditures and funding sources.\n(c) (1) The Superintendent shall assign the California Collaborative for Educational Excellence to assist school districts, county offices of education, and charter schools in the pilot program. In making those assignments, the Superintendent shall consider input from the collaborative and any requests from school districts, county superintendents of schools, or charter schools to participate in the pilot program.\n(2) To the extent possible, the pilot program shall include school districts, county offices of education, and charter schools from urban, suburban, and rural areas representing all regions of the state, as well as those with enrollment of unduplicated pupils, as defined in Section 42238.02, and the pupil subgroups identified in Section 52052.\n(3) Participation by a local educational agency in the pilot program is voluntary and, notwithstanding Sections 52071 and 52071.5, participating local educational agencies shall not pay for any assistance provided pursuant to the pilot program.\n(d) On or before November 1, 2018, the governing board of the California Collaborative for Educational Excellence shall report to the relevant policy and fiscal committees of the Legislature, the Director of Finance, and the Legislative Analyst\u2019s Office about lessons learned from the pilot program and its implications for the ongoing work of the California Collaborative for Educational Excellence.\n(e) This section shall not be implemented unless funding is provided for its purposes in the annual Budget Act or another enacted statute.","title":""}
{"_id":"c208","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 19855 of the Business and Professions Code is amended to read:\n19855.\nExcept 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.\nSEC. 2.\nSection 19858 of the Business and Professions Code is amended to read:\n19858.\n(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.\n(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.\n(c) Subdivision (a) shall not apply to a person who meets all of the following criteria:\n(1) The person is licensed or had an application to be licensed on file with the commission on or before February 1, 2013.\n(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.\n(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.\n(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 \u201cracetrack limited partnership owner\u201d 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 \u201cinstitutional investor\u201d as defined in subdivision (w) of Section 19805, an \u201cemployee benefit plan\u201d as defined in Section 1002(3) of Title 29 of the United States Code, or an investment company that manages a state university endowment.\n(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\u2019s interest in the business or organization, or divest that person\u2019s interest in the gambling enterprise or gambling establishment for which the person is licensed or has applied to be licensed by the commission.\n(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.\n(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, \u201ccross-promotion or marketing\u201d 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.\n(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.\n(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.\nSEC. 3.\n(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\u2019s impact on the divestment requirement described in subdivision (d) of Section 19858 of the Business and Professions Code.\n(b) (1) A report submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.\n(2) Pursuant to Section 10231.5 of the Government Code, this section is repealed on July 1, 2022.\nSEC. 4.\nThe 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\u2019s 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.\nSEC. 5.\nNo reimbursement is required by this act pursuant to Section 6 of Article XIII\u2009B 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\u2009B of the California Constitution.\nHowever, 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.","title":""}
{"_id":"c414","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 97.83 is added to the Revenue and Taxation Code, to read:\n97.83.\n(a) (1) Notwithstanding any other law, for the 2016\u201317 fiscal year\nand for each fiscal year thereafter,\nto the 2025\u201326 fiscal year, inclusive,\nthe auditor of each county shall do both of the following:\n(A) Increase the total amount of ad valorem property tax revenue that is otherwise required to be allocated among the county and each city and special district in the county by the qualified heavy equipment reimbursement amount. The qualified heavy equipment reimbursement amount shall be allocated among the county, cities, and special districts in proportion to the amounts of ad valorem property tax revenue otherwise allocated among those local agencies.\n(B) Decrease the total amount of ad valorem property tax revenue that is otherwise required to be allocated to the county\u2019s Educational Revenue Augmentation Fund by the qualified heavy equipment reimbursement amount.\n(2) (A) In the event that the county\u2019s Educational Revenue Augmentation Fund does not have sufficient funds to offset the qualified heavy equipment reimbursement amount, the auditor shall, to the extent that those funds are insufficient, decrease the total amount of ad valorem property tax that is allocated to local school districts providing instruction for kindergarten and grades 1 to 12, inclusive, that are excess tax school entities, in proportion to their allocations of ad valorem property tax revenue allocated to school districts providing instruction for kindergarten and grades 1 to 12, inclusive, in the county, and allocate that amount among the county, cities, and special districts in proportion to the amounts of ad valorem property tax revenues otherwise allocated among those local agencies.\n(B) In the event that the amount of ad valorem property tax revenues allocated to the Educational Revenue Augmentation Fund, together with the allocations to those school districts providing instruction for kindergarten and grades 1 to 12, inclusive, that are excess tax school entities, is insufficient to offset the qualified heavy equipment reimbursement amount, the auditor may also decrease the amount of ad valorem property tax revenues allocated to school districts providing instruction for kindergarten and grades 1 to 12, inclusive, that are not excess tax school entities, and allocate that amount among the county, cities, and special districts in proportion to the amounts of ad valorem property tax revenue otherwise allocated among those local agencies.\n(b) For purposes of this section, \u201cqualified heavy equipment reimbursement amount\u201d means the total amount of ad valorem property tax revenue received by the county and each city and special district in the county in the 2014\u201315 fiscal year from renters of qualified heavy equipment, as defined in Part 11 (commencing with Section 5500) of Division 1.\n(c) For the 2017\u201318 fiscal year\nand for each fiscal year thereafter,\nto the 2025\u201326 fiscal year, inclusive,\nad valorem property tax revenue allocations made pursuant to Sections 96.1 and 96.5, or any successor to either of those provisions, shall not incorporate the allocation adjustments made by this section.\n(d) This section shall be repealed on January 1, 2027.\nSEC. 2.\nPart 11 (commencing with Section 5500) is added to Division 1 of the Revenue and Taxation Code, to read:\nPART 11. Taxation of Qualified Heavy Equipment\n5500.\nFor purposes of this part, all of the following definitions shall apply:\n(a) \u201cRental price\u201d means the total amount of the charge for renting the qualified heavy equipment, excluding any separately stated charges that are not rental charges, including, but not limited to, separately stated charges for delivery and pickup fees, damage waivers, environmental mitigation fees, or use taxes.\n(b) (1) \u201cQualified heavy equipment\u201d means any construction, earthmoving, or industrial equipment that is mobile and rented by a qualified renter, including attachments for the equipment or other ancillary equipment, including, but not limited to, all of the following:\n(A) A self-propelled vehicle that is not designed to be driven on the highway.\n(B) Industrial electrical generation equipment or portable heating, ventilating, and air-conditioning equipment.\n(C) Industrial lift equipment.\n(D) Industrial material equipment.\n(E) Equipment used in shoring, shielding, and ground trenching.\n(F) Equipment or vehicles not subject to the fee imposed pursuant to the Vehicle License Fee Law (Part 5 (commencing with Section 10701) of Division 2).\n(2) Qualified heavy equipment is mobile if the qualified heavy equipment is not intended to be permanently affixed to real property for the purpose of using the qualified heavy equipment for its intended use. Qualified heavy equipment is mobile if it is intended to be moved among worksites as needed.\n(c) \u201cQualified renter\u201d means a renter that satisfies all of the following:\n(1) The principal business of the renter is the rental of qualified heavy equipment.\n(2) Is engaged in a line of business described in Code 532412 of the North American Industry Classification System published by the United States Office of Management and Budget, 2012 edition.\n(d) \u201cRenting\u201d or \u201crent\u201d means a rental for a period of less than 365 days or for an undefined period, or an open-ended contract.\n5501.\n(a) On and after July 1, 2016,\nand before July 1, 2026,\nthere is hereby imposed a tax on every qualified renter for the privilege of renting qualified heavy equipment in this state at the rate of 0.75 percent of the rental price from the renting of qualified heavy equipment.\n(b) The qualified renter shall pay and remit the tax to the board as required by this part.\n(c) The board shall administer and collect the tax imposed by this part pursuant to the Fee Collection Procedures Law (Part 30 (commencing with Section 55001) of Division 2). For purposes of this part, the references in the Fee Collection Procedures Law to \u201cfee\u201d shall include the tax imposed by this part, and references to \u201cfeepayer\u201d shall include a person liable for the payment of the taxes imposed by this part and collected pursuant to that law.\n5502.\nEvery qualified renter shall register with the board. Every application for registration shall be made upon a form prescribed by the board and shall set forth the name under which the applicant transacts or intends to transact business, the location of its place or places of business, and other information as the board may require. An application for an account shall be authenticated in a form or pursuant to methods as may be prescribed by the board.\n5503.\nThe board may prescribe, adopt, and enforce regulations relating to the administration and enforcement of this part, including, but not limited to, collections, reporting, refunds, and appeals.\n5504.\nThe taxes imposed by this part are due and payable to the board quarterly on or before the last day of the month next succeeding each quarterly period.\n5505.\n(a) On or before the last day of the month following each quarterly period of three months, a return for the preceding quarterly period shall be filed using electronic media with the board.\n(b) The board may prescribe those forms and reporting requirements as are necessary to implement the tax.\n(c) Returns shall be authenticated in a form or pursuant to methods as may be prescribed by the board.\n5505.5.\nA qualified renter is relieved from liability for the tax imposed by this part that became due and payable, insofar as the measure of tax on the rental of qualified heavy equipment is represented by accounts which have been found worthless and charged off for income tax purposes. If the qualified renter has previously paid the amount of the tax, the qualified renter may, under the rules and regulations prescribed by the board, take as a deduction the amount found worthless and charged of by the retailer. If any such accounts are thereafter in whole or in part collected by the qualified renter, the amount so collected shall be included in the first return filed after such collection and the tax shall be paid with the return.\n5506.\nAll revenues, interest, penalties, and other amounts collected pursuant to this part, less refunds and the board\u2019s costs of administration, shall be deposited in the General Fund.\n5507.\n(a) For the 2016\u201317 fiscal year\nand for each fiscal year thereafter,\nto the 2025\u201326 fiscal year, inclusive,\nthe tax imposed pursuant to this part shall be in lieu of any property tax on qualified heavy equipment subject to taxation pursuant to this part.\n(b) Property of a qualified renter that is not subject to the tax imposed pursuant to this part shall remain subject to any applicable property taxes.\n5508.\nThis part shall be repealed on January 1, 2027.\nSEC. 3.\nThe repeal of Part 11 (commencing with Section 5500) of Division 1 of the Revenue and Taxation Code by the act adding this section shall not affect any act done or any right accruing or accrued, or any suit or proceeding had or commenced in any civil cause, before such repeal; but all rights and liabilities under such law shall continue, and may be enforced in the same manner, as if such repeal had not been made.\nSEC. 3.\nSEC. 4.\nNo reimbursement is required by this act pursuant to Section 6 of Article XIII\u2009B 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\u2009B of the California Constitution.\nHowever, 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.\nSEC. 4.\nSEC. 5.\nNotwithstanding Section 2229 of the Revenue and Taxation Code, no appropriation is made by this act and the state shall not reimburse any local agency for any property tax revenues lost by it pursuant to this act.","title":""}
{"_id":"c434","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nThe Legislature finds and declares all of the following:\n(a) Changes to existing law are necessary to facilitate implementation of reforms that have been recommended by the Parks Forward Commission to ensure vibrant and sustainable parks for all Californians and for present and future generations.\n(b) There are numerous existing local, regional, and statewide park support organizations collaborating with the Department of Parks and Recreation, managing and operating state parks, and providing resources and services to state parks.\n(c) The Department of Parks and Recreation needs to establish a new strategic partnership with a nonprofit park support organization that would complement and support the work of the department and other park partners by bringing new resources, expertise, and flexibility to assist the department in accomplishing its mission.\nSEC. 2.\nArticle 1.5 (commencing with Section 520) is added to Chapter 1 of Division 1 of the Public Resources Code, to read:\nArticle  1.5. Park Support Organization\n520.\nFor purposes of this article, the following terms shall have the following meanings:\n(a) \u201cPark support organization\u201d means a nonprofit organization that meets all of the following requirements:\n(1) Is exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code.\n(2) Is established for the principal purposes of increasing park access and visitation in ways that serve all Californians and visitors to the state, promoting healthy lifestyles and community engagement, and supporting the protection and stewardship of California\u2019s natural, cultural, and historical lands, sites, and resources.\n(3) Complies with the Supervision of Trustees and Fundraisers for Charitable Purposes Act (Article 7 (commencing with Section 12580) of Chapter 6 of Part 2 of Division 3 of Title 2 of the Government Code).\n(b) \u201cPriority list\u201d means the annual list of strategic initiatives and projects developed by the department and the park support organization pursuant to Section 523.\n521.\n(a) The department may enter into a statewide agreement with a park support organization to facilitate the implementation of reforms recommended by the Parks Forward Commission and to develop and secure expertise, services, resources, and projects that are not readily available to the state park system, for all of the following purposes:\n(1) To develop and engage new sources of public and private funding for the state park system, including philanthropic sources and enterprise and revenue generation activities, where appropriate.\n(2) To support marketing and communications activities that promote the programs, amenities, and resources of the state park system, the department, and its partners.\n(3) To support projects and programs that facilitate park access and visitation and enhance educational opportunities, particularly among younger and more diverse audiences.\n(4) To promote the health and well-being of the state\u2019s residents.\n(5) To establish or improve, and support the completion of projects that establish or improve, state park visitor amenities and facilities.\n(6) To recruit more diverse staffing and improve capacity for state park programs.\n(7) To advance the protection and stewardship of natural, cultural, and historic lands, sites, and resources.\n(b) If the department enters into an agreement with a park support organization, the park support organization, in consultation with the department, shall do all of the following:\n(1) Communicate and coordinate with park agencies, partners, friends, and volunteers to ensure that activities undertaken pursuant to the agreement complement, support, facilitate, and amplify ongoing partnerships, programs, and projects in support of the state park system.\n(2) Engage with public agencies and organizations that manage, operate, and support other parks and protected lands in the state.\n522.\nThe director and the Director of Finance, or their respective designees, may serve as ex officio, nonvoting members of the park support organization\u2019s board of directors in order to provide for effective communication and coordination of efforts between the departments and the park support organization.\n522.5.\nThe park support organization is not a state agency or state body.\n523.\n(a) If the department enters into an agreement with a park support organization pursuant to Section 521, the department and the park support organization shall collaborate to develop an annual list of strategic initiatives and projects that are statewide priorities for the state park system and for the park support organization and that the park support organization will undertake in partnership with the department.\n(b) (1) Any initiative or project included on the priority list shall be consistent with the purposes specified in subdivision (a) of Section 521.\n(2) For the first three years of an agreement entered into pursuant to subdivision (a) of Section 521, the park support organization and the department shall prioritize a limited subset of focus areas and projects from the list of purposes specified in subdivision (a) of Section 521, consistent with paragraph (2) of subdivision (b) of Section 521.\n(c) Any initiative or project included on the priority list shall be consistent with Sections 5001.2 and 5019.53 regarding protection of the natural, scenic, cultural, and ecological values of the state park system.\n(d) The department shall post a copy of the priority list on its Internet Web site, and shall provide copies of the list to the chairpersons of the Senate Committee on Budget and Fiscal Review, the Assembly Committee on Budget, the Senate Committee on Natural Resources and Water, and the Assembly Committee on Water, Parks, and Wildlife.\n524.\n(a) In order to advance the purposes described in subdivision (a) of Section 521, an agreement between the department and the park support organization pursuant to Section 521 shall, at a minimum, include and specify all of the following:\n(1) Clear goals and objectives.\n(2) Any commitments of oversight, staffing, and coordination that are needed to accomplish the goals and objectives.\n(3) The process for developing the priority list pursuant to Section 523.\n(b) (1) The department may develop and enter into supplementary agreements with the park support organization for the purposes of securing any expertise, capacity, or financial resources that may be needed to identify, plan, develop, or implement strategic initiatives and projects on the priority list. Any such agreement may include, but not be limited to, grants, contracts, memoranda of understanding, staff-sharing agreements, leases, and rights of entry onto state park property.\n(2) Notwithstanding Section 5003.17, the department may lease to the park support organization, for a minimum rental of one dollar ($1.00) per year, real property that is owned by the state and included in any unit of the state park system, if the lease agreement requires the park support organization to construct, or provide for the construction of, a structure or improvement on the leased property and specifies that title to the structure or improvement shall vest in the state at the expiration of the lease term. The agreement may provide for the means or method by which title to the structure or improvement shall vest in the state before the expiration of that term.\n(3) Notwithstanding Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, any agreements entered into by the department pursuant to this subdivision shall be under the control of the department and shall not be subject to any advertising or competitive bidding requirements applicable to public works or other public projects.\n(4) Any construction, alteration, demolition, installation, or repair work undertaken by or on behalf of a park support organization on property owned by the state pursuant to this section shall constitute a public work for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code.\n(c) The director may receive donations of projects, services, and funds from the park support organization as authorized by Sections 5005, 5009.1, 5009.2, and 5009.3.\n(d) The Director of Finance shall have 60 days to review and approve or disapprove any agreement or any substantial amendment to such an agreement, proposed under subdivision (a). Upon approval of the agreement, or substantial amendment, the director may accept donations and enter into supplementary agreements as authorized under subdivisions (b) and (c).\n525.\nNothing in this article shall be interpreted as a limitation on the ability of the park support organization to apply for, receive, or administer grants, loans, or other funds from public entities other than the department. The park support organization shall consult with the department if the department may also be applying for those funds.\nSEC. 3.\nSection 5003.17 of the Public Resources Code is amended to read:\n5003.17.\n(a) The department may lease, for any use, all or any portion of any parcel of real property acquired for state park system purposes, if the director finds that the use would be compatible with the use of the real property as a unit or part of a unit and with the sound management and conservation of resources within the unit.\n(b) Rent shall be based on the fair market value of the property when used for the purpose for which it is leased. All rent shall be deposited pursuant to Section 5010.\n(c) The lease term shall not exceed 10 years. All leases are subject to the approval of the Department of General Services.\n(d) No lease shall be entered into that extends beyond the 10-year period unless both of the following conditions are met:\n(1) At least 30 days\u2019 prior written notice of the proposed lease, including a copy of the proposed lease, has been provided by the director to the Joint Legislative Budget Committee.\n(2) The director has included with the proposed lease sufficient documentation to enable the Joint Legislative Budget Committee to determine whether the lease conforms to the requirements of this article and to evaluate fully all terms upon which the lease is proposed to be let, including the amount of the rent and other revenues that may be generated under the lease.\nSEC. 4.\nSection 5080.40 of the Public Resources Code is amended to read:\n5080.40.\n(a) No operating lease or agreement shall be entered into, or amended, pursuant to this article unless at least 30 days\u2019 written notice and a copy of the proposed operating lease or agreement, or amendment, has been provided by the director to the Joint Legislative Budget Committee.\n(b) The director shall include with the proposed lease or agreement or amendment sufficient documentation to enable the Joint Legislative Budget Committee to evaluate fully the estimated operating costs and revenues and all terms upon which the lease or agreement or amendment is proposed to be entered into. Specifically, the documentation shall identify both of the following:\n(1) Any anticipated costs to the state for operation or development under the lease or agreement or amendment and the anticipated state share of total operation and development costs.\n(2) The anticipated annual revenues, net of operation costs, for the unit and the state\u2019s share of these revenues.\n(c) Leases or agreements shall be exempt from subdivisions (a) and (b) when all of the following conditions exist:\n(1) The lease or agreement involves operation of only a portion of a unit of the state park system.\n(2) The term of the lease or agreement is for a period of 20 years or less.\n(3) The lease\u2019s or agreement\u2019s impact to the unit, including concessions revenue, will not exceed one million dollars ($1,000,000) in annual gross revenue generated on the property.\n(4) The lease or agreement involves no significant change in state operational funding or staffing levels, and does not include present or future state expenditures for development of the unit.\n(d) Amendments to existing leases or agreements shall be exempt from subdivisions (a) and (b) when all of the following conditions exist:\n(1) The amendment involves operation of only a portion of a unit of the state park system.\n(2) The amendment\u2019s impact to the unit will not exceed one million dollars ($1,000,000) in annual gross revenue generated on the property.\n(3) The amendment involves no significant change in state operational funding or staffing levels, and does not include present or future state expenditures for development of the unit.\nSEC. 5.\nSection 5080.42 of the Public Resources Code is amended to read:\n5080.42.\n(a) Notwithstanding any other provision of this article, the department may enter into an operating agreement with a qualified nonprofit organization for the development, improvement, restoration, care, maintenance, administration, or operation of a unit or units, or portion of a unit, of the state park system, as agreed to by the director. The prohibition on park closures, pursuant to subdivision (a) of Section 541.5, does not limit the department\u2019s authority to enter into an operating agreement pursuant to this section, as provided in subdivision (e) of Section 541.5. The department may only enter into an operating agreement that involves the operation of the entirety of a park unit for no more than 20 park units. An operating agreement with a qualified nonprofit organization shall include, but shall not be limited to, the following conditions:\n(1) The district superintendent for the department shall provide liaison with the department, the nonprofit organization, and the public.\n(2) The nonprofit organization shall annually submit a written report to the department regarding its operating activities during the prior year and shall make copies of the report available to the public upon request. The report shall be available on the Internet Web sites of both the department and the nonprofit organization. The report shall include a full accounting of all revenues and expenditures for each unit of the state park system that the nonprofit organization operates pursuant to an operating agreement.\n(3) (A) Except as provided in subparagraph (B), all revenues that the qualified nonprofit organization receives from a unit shall be expended only for the care, maintenance, operation, administration, improvement, or development of the unit. The qualified nonprofit organization may additionally contribute in-kind services and funds raised from outside entities for the care, maintenance, operation, administration, improvement, or development of the unit.\n(B) If the qualified nonprofit organization determines that the revenues it has received from a unit are in excess of the revenues that are needed for the care, maintenance, operation, administration, improvement, or development of that unit, and that these funds are not already specified for or committed to specific purposes pursuant to an existing agreement or contract restricting the use of those funds, the qualified nonprofit organization may dedicate those excess revenues to another state park unit for that unit\u2019s care, maintenance, operation, administration, improvement, or development.\n(4) General Fund moneys shall not be provided to a nonprofit organization to subsidize the operation or maintenance of a park unit. This paragraph applies to state parks, the full operation of which are turned over to a nonprofit organization, but does not apply to or preclude the department from entering into agreements with nonprofit organizations to operate a portion of a state park unit, or from entering into comanagement agreements with nonprofit organizations that involve the sharing of operational and financial responsibilities for the park unit and that have the effect of reducing state costs. This paragraph does not apply to park entrance fees, concession revenues, or any other revenues generated within a park operated by a nonprofit organization pursuant to this section.\n(5) Jobs maintained under a memorandum of understanding between the state and the represented bargaining units shall not be eliminated pursuant to the agreement and shall continue to be state employment.\n(b) An operating agreement entered into pursuant to subdivision (a) shall honor the existing term of a current concession contract for the state park unit subject to the operating agreement.\n(c) An operating agreement entered into pursuant to subdivision (a) shall specify the duties that the nonprofit organization shall be responsible for carrying out relative to management and protection of natural, historical, and cultural resources, and shall identify those management duties that shall continue to be conducted by the department, so that all core operations of the park are delineated. Scientific, architectural, and engineering functions that require special expertise or professional training shall only be conducted by or under the supervision of qualified persons with applicable expertise or training and subject to oversight by the department.\n(d) This section does not supersede the requirements of Section 5019.53 regarding the protection of natural, scenic, cultural, and ecological values.\n(e) The nonprofit organization and the district superintendent for the department shall, following submittal of the annual report pursuant to subdivision (a), hold a joint public meeting for discussion of the report.\n(f) If the department intends to enter into an operating agreement for the development, improvement, restoration, care, maintenance, administration, or operation of a unit or units, or a portion of a unit, the department shall notify the Member of the Legislature in whose district the unit is located, the Chair of the Senate Committee on Natural Resources and Water, the Chair of the Assembly Committee on Water, Parks, and Wildlife, and the chairs of the Assembly and Senate budget committees of that intention. The notification shall include estimated operating costs and revenues and core duties and responsibilities that are likely to be assigned to the nonprofit organization and the department.\n(g) For purposes of this section, a qualified nonprofit organization is an organization that is all of the following:\n(1) An organization that is exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code.\n(2) An organization that has as its principal purpose and activity to provide visitor services in state parks, facilitate public access to park resources, improve park facilities, provide interpretive and educational services, or provide direct protection or stewardship of natural, cultural, or historical lands, or resources.\n(3) An organization that is in compliance with the Supervision of Trustees and Fundraisers for Charitable Purposes Act (Article 7 (commencing with Section 12580) of Chapter 6 of Part 2 of Division 3 of Title 2 of the Government Code).\n(h) (1) Notwithstanding Section 10231.5 of the Government Code, the department shall provide a report to the Legislature, on a biennial basis, of the status of operating agreements it has entered into pursuant to this section. The report shall include a list of units of the state park system with operating agreements, discussion of the management and operations of each unit subject to an operating agreement, an accounting of the revenues and expenditures incurred under each operating agreement, and an assessment of the benefit to the state from operating agreements entered into pursuant to this section.\n(2) A report submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.\n(i) This section shall remain in effect until January 1, 2025, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2025, deletes or extends that date.","title":""}
{"_id":"c95","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 11450 of the Welfare and Institutions Code is amended to read:\n11450.\n(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\u2019s 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):\nNumber of\neligible needy\npersons in\nthe same home\nMaximum\naid\n1 ........................\n$ \u2009326\n2 ........................\n535\n3 ........................\n663\n4 ........................\n788\n5 ........................\n899\n6 ........................\n1,010\n7 ........................\n1,109\n8 ........................\n1,209\n9 ........................\n1,306\n10 or more ........................\n1,403\n(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.\n(2) The sums specified in paragraph (1) shall not be adjusted for cost of living for the 1990\u201391, 1991\u201392, 1992\u201393, 1993\u201394, 1994\u201395, 1995\u201396, 1996\u201397, and 1997\u201398 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.\n(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.\n(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.\n(3) Paragraph (1) shall apply only when the Cal-Learn Program is operative.\n(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.\n(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\u2019s 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.\n(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.\n(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\u2019s 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,\ndietician, nutritionist, or\nphysician\u2019s assistant, or nurse practitioner who has examined the patient, or\nother qualified health\npractitioner.\ncare 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.\n(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.\n(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.\n(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.\n(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.\n(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.\n(ii) This special needs benefit shall be granted or denied immediately upon the family\u2019s application for homeless assistance, and benefits shall be available for up to three working days. The county welfare department shall verify the family\u2019s 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.\n(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.\n(B) (i) A nonrecurring special needs benefit for permanent housing assistance is available to pay for last month\u2019s 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.\n(ii) The last month\u2019s rent or monthly arrearage portion of the payment (I) shall not exceed 80 percent of the family\u2019s 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\u2019s total monthly household income without the value of CalFresh benefits or special needs benefit for a family of that size.\n(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).\n(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.\n(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.\n(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.\n(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.\n(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.\n(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.\n(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.\n(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.\n(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.\n(G) Payments to providers for temporary shelter and permanent housing and utilities shall be made on behalf of families requesting these payments.\n(H) The daily amount for the temporary shelter special needs benefit for homeless assistance may be increased if authorized by the current year\u2019s Budget Act by specifying a different daily allowance and appropriating the funds therefor.\n(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.\n(g) The department shall establish rules and regulations ensuring the uniform statewide application of this section.\n(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.\n(i)\n(A)\n(1)\nExcept 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).\n(B)\n(2)\nThe amounts payable to recipients pursuant to Section 11453.1 shall not constitute income to recipients of aid under this section.\n(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\u2019s income, is equal to the rate specified in Sections 11364 and 11387.\n(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.\n(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.\n(3) Upon filing the certificate described in paragraph (2), a county shall comply with the semiannual reporting provisions of this section.\nSEC. 2.\nNo appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for purposes of implementing this act.\nSEC. 3.\nIf 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.","title":""}
{"_id":"c293","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 39719.2 of the Health and Safety Code is amended to read:\n39719.2.\n(a) The California Clean Truck, Bus, and Off-Road Vehicle and Equipment Technology Program is hereby created, to be administered by the state board in conjunction with the State Energy Resources Conservation and Development Commission. The program, from moneys appropriated from the fund for the purposes of the program, shall fund development, demonstration, precommercial pilot, and early commercial deployment of zero- and near-zero-emission truck, bus, and off-road vehicle and equipment technologies. Priority shall be given to projects benefiting disadvantaged communities pursuant to the requirements of Sections 39711 and 39713.\n(b) Projects eligible for funding pursuant to this section include, but are not limited to, the following:\n(1) Technology development, demonstration, precommercial pilots, and early commercial deployments of zero- and near-zero-emission medium- and heavy-duty truck\nand bus\ntechnology, including projects that help to facilitate clean goods-movement corridors.\n(A) Until January 1, 2018, no less than 20 percent of funding made available for the purposes of this paragraph shall support early commercial deployment of existing zero- and near-zero-emission heavy-duty truck technology.\n(B) (i) Between January 2, 2018, and January 1, 2023, no less than 50 percent of the moneys allocated each year for the purposes of this paragraph shall be allocated and spent to support the commercial deployment of existing zero- and near-zero-emission heavy-duty truck and heavy-duty bus technology that meets or exceeds an emission standard of 0.02 grams per brake horsepower-hour oxides of nitrogen, as described in the optional low oxides of nitrogen emission standards in Section 1956.8 of Title 13 of the California Code of Regulations. The state board shall allocate at least two-thirds of the amount available for allocation pursuant to this subparagraph to heavy-duty truck projects.\n(ii) (I) Between January 2, 2018, and January 1, 2020, a heavy-duty truck or heavy-duty bus with an internal combustion engine receiving moneys allocated pursuant to this subparagraph shall use not less than 30 percent renewable fuel.\n(II) Beginning January 2, 2020, a heavy-duty truck or heavy-duty bus with an internal combustion engine receiving moneys allocated pursuant to this subparagraph shall use not less than 50 percent renewable fuel.\n(III) The state board may increase the minimum percentage of renewable fuel required for the allocation of moneys pursuant to this subparagraph in subsequent years if the state board makes a finding that a higher percentage is commercially feasible and the State Energy Resources Conservation and Development Commission makes a finding that there is a sufficient supply of renewable energy fuel available. An increase adopted pursuant to this subclause shall apply prospectively to moneys allocated after the increase is adopted by the state board.\n(IV) The percentage in effect at the time the moneys are awarded to a heavy-duty truck or heavy-duty bus with an internal combustion engine pursuant to this subparagraph shall not change that award.\n(V) This subparagraph does not alter or affect in any way the amount of credit or grants for which a low-carbon-fuel provider or truck or bus operator is eligible pursuant to law.\n(iii) The state board shall limit the amount of incentives that may be allocated for any one vehicle or engine manufacturer in each year to 49 percent of the moneys allocated in that year for the purposes of this subparagraph.\n(iv) The state board shall ensure that available moneys are allocated on a competitive basis to projects that are shown to achieve the greatest greenhouse gas emissions reductions not otherwise required by statute or regulation.\n(2) Zero- and near-zero-emission bus technology development, demonstration, precommercial pilots, and early commercial deployments, including pilots of multiple vehicles at one site or region.\n(3) Zero- and near-zero-emission off-road vehicle and equipment technology development, demonstration, precommercial pilots, and early commercial deployments, including vehicles and equipment in the port, agricultural, marine, construction, and rail sectors.\n(4) Purchase incentives, which may include point-of-sale, for commercially available zero- and near-zero-emission truck, bus, and off-road vehicle and equipment technologies and fueling infrastructure to support early market deployments of alternative technologies and to increase manufacturer volumes and accelerate market acceptance.\n(5) Projects that support greater commercial motor vehicle and equipment freight efficiency and greenhouse gas emissions reductions, including, but not limited to, advanced intelligent transportation systems, autonomous vehicles, and other freight information and operations technologies.\n(c) The state board, in consultation with the State Energy Resources Conservation and Development Commission, shall develop guidance through the existing Air Quality Improvement Program funding plan process for the implementation of this section that is consistent with the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500)) and this chapter.\n(d) The guidance developed pursuant to subdivision (c) shall do all of the following:\n(1) Outline performance criteria and metrics for deployment incentives. The goal shall be to design a simple and predictable structure that provides incentives for truck, bus, and off-road vehicle and equipment technologies that provide significant greenhouse gas reduction and air quality benefits.\n(2) Ensure that program investments are coordinated with funding programs developed pursuant to the California Alternative and Renewable Fuel, Vehicle Technology, Clean Air, and Carbon Reduction Act of 2007 (Chapter 8.9 (commencing with Section 44270) of Part 5).\n(3) Promote projects that assist the state in reaching its climate goals beyond 2020, consistent with Sections 38550 and 38551.\n(4) Promote investments in medium- and heavy-duty trucking, including, but not limited to, vocational trucks, short-haul and long-haul trucks, buses, and off-road vehicles and equipment, including, but not limited to, port equipment, agricultural equipment, marine equipment, and rail equipment.\n(5) Implement purchase incentives for eligible technologies to increase the use of the cleanest vehicles in disadvantaged communities.\n(6) Allow for remanufactured and retrofitted vehicles to qualify for purchase incentives if those vehicles meet warranty and emissions requirements, as determined by the state board.\n(7) Establish a competitive process for the allocation of moneys for projects funded pursuant to this section.\n(8) Leverage, to the maximum extent feasible, federal or private funding.\n(9) Ensure that the results of emissions reductions or benefits can be measured or quantified. The state board shall post on its Internet Web site every two years the results of those measurements or quantifications.\n(10) Ensure that activities undertaken pursuant to this section complement, and do not interfere with, efforts to achieve and maintain federal and state ambient air quality standards and to reduce toxic air contaminants.\n(e) In evaluating potential projects to be funded pursuant to this section, the state board shall give priority to projects that demonstrate one or more of the following characteristics:\n(1) Benefit disadvantaged communities pursuant to Sections 39711 and 39713.\n(2) The ability to leverage additional public and private funding.\n(3) The potential for cobenefits or multiple-benefit attributes.\n(4) The potential for the project to be replicated.\n(5) Regional benefit, with focus on collaboration between multiple entities.\n(6) Support for technologies with broad market and emissions reduction potential.\n(7) Support for projects addressing technology and market barriers not addressed by other programs.\n(8) Support for enabling technologies that benefit multiple technology pathways.\n(f) In the implementation of this section, the state board, in consultation with the State Energy Resources Conservation and Development Commission, shall create an annual framework and plan. The framework and plan shall be developed with public input and may utilize existing investment plan processes and workshops as well as existing state and third-party research and technology roadmaps. The framework and plan shall do all of the following:\n(1) Articulate an overarching vision for technology development, demonstration, precommercial pilot, and early commercial deployments, with a focus on moving technologies through the commercialization process.\n(2) Outline technology categories, performance criteria, and required mandates for technologies and applications that may be considered for funding pursuant to this section. This shall include technologies and low-carbon-fuel requirements for medium- and heavy-duty trucking, including, but not limited to, vocational trucks, short-haul and long-haul trucks, buses, and off-road vehicles and equipment, including, but not limited to, port equipment, agricultural equipment, construction equipment, marine equipment, and rail equipment.\n(3) Describe the roles of the relevant agencies and the process for coordination among agencies, program participants, and low-carbon-fuel providers.\n(g) For purposes of this section, the following terms have the following meanings:\n(1) Effective January 2, 2018, \u201cheavy-duty truck\u201d means a truck that has a gross vehicle weight rating (GVWR) of 26,001 pounds or more.\n(2) Effective January 2, 2018, \u201cheavy-duty bus\u201d means a bus that has a gross vehicle weight rating (GVWR) of 19,501 pounds or more.\n(3) \u201cZero- and near-zero-emission\u201d means vehicles, fuels, and related technologies that reduce greenhouse gas emissions and improve air quality when compared with conventional or fully commercialized alternatives, as defined by the state board in consultation with the State Energy Resources Conservation and Development Commission. \u201cZero- and near-zero-emission\u201d may include, but is not limited to, zero-emission technology, enabling technologies that provide a pathway to emissions reductions, advanced or alternative fuel engines for long-haul trucks, and hybrid or alternative fuel technologies for trucks and off-road equipment.","title":""}
{"_id":"c471","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nThe Legislature finds and declares the following:\n(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.\n(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.\nSEC. 2.\nSection 4777 is added to the Civil Code, to read:\n4777.\n(a) For the purposes of this section:\n(1) \u201cAdjacent separate interest\u201d means a separate interest that is directly beside, above, or below a particular separate interest or the common area.\n(2) \u201cAuthorized agent\u201d means an individual, organization, or other entity that has entered into an agreement with the association to act on the association\u2019s behalf.\n(3) \u201cBroadcast application\u201d means spreading pesticide over an area greater than two square feet.\n(4) \u201cElectronic delivery\u201d 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.\n(5) \u201cLicensed pest control operator\u201d means anyone licensed by the state to apply pesticides.\n(6) \u201cPest\u201d means a living organism that causes damage to property or economic loss, or transmits or produces diseases.\n(7) \u201cPesticide\u201d 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)).\n(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:\n(A) The pest or pests to be controlled.\n(B) The name and brand of the pesticide product proposed to be used.\n(C) \u201cState law requires that you be given the following information:\n\n\nCAUTION \u2013 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.\nIf 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).\nFor further information, contact any of the following: for Health Questions \u2013 the County Health Department (telephone number) and for Regulatory Information \u2013 the Department of Pesticide Regulation (916-324-4100).\u201d\n\n\n(D) The approximate date, time, and frequency with which the pesticide will be applied.\n(E) The following notification:\n\u201cThe approximate date, time, and frequency of this pesticide application is subject to change.\u201d\n(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).\n(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.\n(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.\n(4) Notice to tenants of separate interests shall be provided, in at least one of the following ways:\n(A) First-class mail.\n(B) Personal delivery to a tenant 18 years of age or older.\n(C) Electronic delivery, if an electronic mailing address has been provided by the tenant.\n(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.\n(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.\n(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.\n(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.\n(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.","title":""}
{"_id":"c387","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 75220 of the Public Resources Code is amended to read:\n75220.\n(a) The Transit and Intercity Rail Capital Program is hereby created to fund transformative capital improvements, as defined in subdivision (d), that will modernize California\u2019s intercity, commuter, and urban rail systems and bus and ferry transit systems to achieve all of the following policy objectives:\n(1) Reduce emissions of greenhouse gases.\n(2) Expand and improve transit service to increase ridership.\n(3) Integrate the rail service of the state\u2019s various rail operators, including integration with the high-speed rail system.\n(4) Improve transit safety.\n(b) The Transportation Agency shall evaluate applications consistent with the criteria set forth in this part and approve a multiyear program of projects for funding pursuant to Section 75224, which may be revised as necessary.\n(c) The California Transportation Commission shall allocate funding to applicants pursuant to the program of projects approved by the Transportation Agency.\n(d) \u201cTransformative capital improvement\u201d means a rail, bus, or ferry transit project that will significantly reduce vehicle miles traveled, congestion, and greenhouse gas emissions by creating a new transit system, increasing the capacity of an existing transit system, or otherwise significantly increasing the ridership of a transit system.\nSEC. 2.\nSection 75221 of the Public Resources Code is amended to read:\n75221.\n(a) Projects eligible for funding under the program include, but are not limited to, all of the following:\n(1) Rail capital projects, including acquisition of rail cars and locomotives, that expand, enhance, and improve existing rail systems and connectivity to existing and future transit systems, including the high-speed rail system.\n(2) Intercity, commuter, and urban rail projects that increase service levels, improve reliability, or decrease travel times, including infrastructure access payments to host railroads in lieu of capital investments.\n(3) Rail, bus, and ferry integration implementation, including integrated ticketing and scheduling systems, shared-use corridors, related planning efforts, and other service integration initiatives.\n(4) Bus rapid transit and other bus and ferry transit investments to increase ridership and reduce greenhouse gas emissions.\n(b) In order to be eligible for funding under the program, a project shall demonstrate that it will achieve a reduction in emissions of greenhouse gases. In selecting projects for funding, the Transportation Agency shall consider the extent to which a project reduces emissions of greenhouse gases.\n(c) The program shall have a programmatic goal of providing at least 25 percent of available funding to projects benefiting disadvantaged communities, consistent with the objectives of Chapter 830 of the Statutes of 2012.\n(d) In evaluating grant applications for funding, the Transportation Agency shall consider all of the following:\n(1) The cobenefits of projects that support the implementation of sustainable communities strategies through one or more of the following:\n(A) Reducing vehicle miles traveled from automobiles and the number of automobile trips through growth in transit ridership.\n(B) Promoting housing development in the vicinity of rail stations and major transit centers.\n(C) Expanding existing rail and public transit systems.\n(D) Enhancing the connectivity, integration, and coordination of the state\u2019s various transit systems, including, but not limited to, regional and local transit systems and the high-speed rail system.\n(E) Implementing clean vehicle technology.\n(F) Promoting active transportation.\n(G) Improving public health.\n(2) The project priorities developed through the collaboration of two or more rail operators and any memoranda of understanding between state agencies and local or regional rail operators.\n(3) Geographic equity.\n(4) Consistency with an adopted sustainable communities strategy or, if a sustainable strategy is not required for a region by law, a regional plan that includes policies and programs to reduce emissions of greenhouse gases.\n(5) The extent to which a project has supplemental funding committed to it from other nonstate sources.\n(6) The extent to which the project will increase transit ridership.\n(e) Eligible applicants under the program shall be public agencies, including joint powers agencies, that operate or have planning responsibility for existing or planned regularly scheduled intercity or commuter passenger rail service, urban rail transit service, or bus or ferry transit service.\n(f) A recipient of moneys under the program may combine funding from the program with other state funding, including, but not limited to, the State Transportation Improvement Program, the Low Carbon Transit Operations Program, the State Air Resources Board clean vehicle program, and state transportation bond funds.\nSEC. 3.\nSection 75222 of the Public Resources Code is amended to read:\n75222.\n(a) Applications for grants under the program shall be submitted to the Transportation Agency for evaluation in accordance with procedures and program guidelines approved by the agency. An eligible applicant may submit an application to the agency to fund a project over multiple fiscal years. The agency may make multiyear funding commitments for projects that are proposed by an eligible applicant to be funded from the program over a period of more than one fiscal year.\n(b) The application shall define the project purpose, intended scope, proposed cost, intended funding sources, and schedule for project completion.\n(c) The application shall specify the phases of work for which an eligible applicant is seeking an allocation of moneys from the program.\n(d) The application shall identify the sources and timing of all moneys required to undertake and complete any phase of a project for which an eligible applicant is seeking an allocation of moneys from the program. The application shall also describe intended sources and timing of funding to complete any subsequent phases of the project, through construction or procurement.\n(e) The application shall include information describing the funding sources and approach to ensuring that ongoing operating and maintenance costs of the project are funded through the useful life of the project, as applicable.\n(f) Eligible applicants may submit more than one application for grants under the program pursuant to this section.\n(g) An eligible applicant may use a project study report or equivalent document to demonstrate eligibility of a project for inclusion in the multiyear program of projects pursuant to Section 75224. The project study report or equivalent document shall, at a minimum, be adequate to define and justify the project scope, cost, and schedule for the project application.\nSEC. 4.\nSection 75223 is added to the Public Resources Code, to read:\n75223.\n(a) The Transportation Agency shall conduct at least two public workshops on draft program guidelines containing selection criteria prior to approval and shall post the draft guidelines on the agency\u2019s Internet Web site at least 30 days prior to the first public workshop. Concurrent with the posting, the agency shall transmit the draft guidelines to the fiscal committees and the appropriate policy committees of the Legislature.\n(b) The Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) does not apply to the development and approval of procedures and program guidelines for the program pursuant to this section.\nSEC. 5.\nSection 75224 is added to the Public Resources Code, to read:\n75224.\n(a) No later than July 1, 2018, the Transportation Agency shall approve a program of projects, which shall cover a period of five fiscal years, beginning with the 2018\u201319 fiscal year.\n(b) The Transportation Agency shall approve each subsequent program of projects not later than April 1 of each even-numbered year. Each subsequent program shall cover a period of five fiscal years, beginning July 1 of the year of approval, and shall be a statement of intent by the Transportation Agency for the allocation and expenditure of moneys during those five fiscal years.\n(c) In developing the program of projects, and consistent with the consideration of all other criteria for individual projects, the Transportation Agency shall seek to maximize the total amount of reductions in emissions of greenhouse gases that would be achieved under the program.\n(d) For a project to be funded from the program over a period of more than one fiscal year, the Transportation Agency, at the request of an eligible applicant and in cooperation with the commission, shall enter into and execute a multiyear funding agreement with the eligible applicant for the project for an amount of program moneys and for any duration, as determined jointly by the agency and applicant.\nSEC. 6.\nSection 75225 is added to the Public Resources Code, to read:\n75225.\n(a) A lead applicant agency may apply to the commission for a letter of no prejudice for a project or for any component of a project included in the program of projects approved by the Transportation Agency. If approved by the commission, the letter of no prejudice shall allow the lead applicant agency to expend its own moneys for the project or any component of the project and to be eligible for future reimbursement from moneys available for the program from the Greenhouse Gas Reduction Fund, created pursuant to Section 16428.8 of the Government Code.\n(b) The amount expended under subdivision (a) shall be reimbursed by the state from moneys available for the program from the Greenhouse Gas Reduction Fund if all of the following conditions are met:\n(1) The project or project component for which the letter of no prejudice was requested has commenced, and the regional or local expenditures have been incurred.\n(2) The expenditures made by the lead applicant agency are eligible for reimbursement in accordance with applicable laws and procedures. If expenditures made by the lead applicant agency are determined to be ineligible, the state has no obligation to reimburse those expenditures.\n(3) The lead applicant agency complies with all legal requirements for the project, including the requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000)).\n(4) There are moneys in the Greenhouse Gas Reduction Fund designated for the program that are sufficient to make the reimbursement payment.\n(c) The lead applicant agency and the commission shall enter into an agreement governing reimbursement as described in this section. The timing and final amount of reimbursement is dependent on the terms of the agreement and the availability of moneys in the Greenhouse Gas Reduction Fund for the program.\n(d) The commission, in consultation with intercity, commuter, urban rail, and other public transit entities, may develop guidelines to implement this section.","title":""}
{"_id":"c165","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 1516 of the\nHealth and Safety Code\nis amended to read:\n1516.\n(a)A crisis nursery, as defined in paragraph (17) of subdivision (a) of Section 1502, shall be licensed by the department to operate a crisis residential overnight program. Notwithstanding Section 1596.80, a crisis nursery may also provide crisis day services.\n(b)A crisis nursery shall be organized and operated on a nonprofit basis by either a private nonprofit corporation or a nonprofit public benefit corporation.\n(c)A facility licensed on or before January 1, 2004, as a group home for children under six years of age with a licensed capacity greater than 14 children, but less than 21 children, that provides crisis nursery services shall be allowed to retain its capacity if issued a crisis nursery license until there is a change in the licensee\u2019s program, location, or client population.\n(d)Each crisis nursery shall collect and maintain information, in a format specified by the department, indicating the total number of children placed in the program, the length of stay for each child, the reasons given for the use of the crisis nursery, and the age of each child. This information shall be made available to the department upon request.\n(e)Notwithstanding Section 1596.80, a crisis nursery may provide crisis day services for children under six years of age at the same site that it is providing crisis residential overnight services.\n(1)A child shall not receive crisis day services at a crisis nursery for more than 30 calendar days, maximum of 12 hours per day, or a total of 360 hours, in a six-month period unless the department issues an exception to allow a child to receive additional crisis day services in a six-month period.\n(2)The department, upon receipt of an exception request pursuant to paragraph (1) and supporting documentation as required by the department, shall respond within five working days to approve or deny the request.\n(3)No more than two exceptions, in seven-calendar day or 84-hour increments, may be granted per child in a six-month period.\n(f)A crisis nursery license shall be issued for a specific capacity determined by the department.\n(1)(A)The maximum licensed capacity for crisis day services shall be based on 35 square feet of indoor activity space per child. Bedrooms, bathrooms, halls, offices, isolation areas, food-preparation areas, and storage places shall not be included in the calculation of indoor activity space. Floor area under tables, desks, chairs, and other equipment intended for use as part of children\u2019s activities shall be included in the calculation of indoor space. This subparagraph shall not apply to a crisis nursery that is located in an office building.\n(B)There shall be at least 75 square feet per child of outdoor activity space based on the total licensed capacity. Swimming pools, adjacent pool decking, and natural or man-made hazards shall not be included in the calculation of outdoor activity space.\n(2)Except as provided in subdivision (c), the maximum licensed capacity for a crisis residential overnight program shall be 14 children.\n(3)A child who has been voluntarily placed in a crisis residential overnight program shall be included in the licensed capacity for crisis day services.\n(g)Exceptions to group home licensing regulations pursuant to subdivision (c) of Section 84200 of Title 22 of the California Code of Regulations, in effect on August 1, 2004, for county-operated or county-contracted emergency shelter care facilities that care for children under six years of age for no more than 30 days, shall be contained in regulations for crisis nurseries.\n(h)For purposes of this section, the following definitions shall apply:\n(1)\u201cCrisis day services\u201d means temporary, nonmedical care and supervision for children under six years of age who are voluntarily placed by a parent or legal guardian due to a family crisis or stressful situation for less than 24 hours per day. Crisis day services shall be provided during a time period defined by the crisis nursery in its plan of operation, but not to exceed a period of 14 hours per day. The plan of operation shall assure sleeping arrangements are available for children there after 7 p.m. A child may not receive crisis day services at a crisis nursery for more than 30 calendar days, or a total of 360 hours, in a six-month period unless the department issues an exception.\n(2)\u201cCrisis residential overnight program\u201d means short-term, 24-hour nonmedical residential care and supervision, including overnight, for children under six years of age who are voluntarily placed by a parent or legal guardian due to a family crisis or stressful situation for no more than 30 days.\n(3)\u201cVoluntarily placed\u201d means a child, who is not receiving Aid to Families with Dependent Children-Foster Care, placed by a parent or legal guardian who retains physical custody of, and remains responsible for, the care of his or her children who are placed for temporary emergency care. \u201cVoluntarily placed\u201d does not include placement of a child who has been removed from the care and custody of his or her parent or legal guardian and placed in foster care by a child welfare services agency.\nSEC. 2.\nSECTION 1.\nSection 1596.810 is added to the Health and Safety Code, immediately following Section 1596.809, to read:\n1596.810.\nA child day care facility, other than a family day care home, shall not be required to meet the square footage requirements of indoor activity space for child care centers if the facility is located in an office building.","title":""}
{"_id":"c373","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 67386 of the Education Code is amended to read:\n67386.\n(a) In order to receive state funds for student financial assistance, the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions shall adopt a policy concerning sexual assault, domestic violence, dating violence, and stalking, as defined in the federal Higher Education Act of 1965 (20 U.S.C. Sec. 1092(f)), involving a student, both on and off campus. The policy shall include all of the following:\n(1) An affirmative consent standard in the determination of whether consent was given by both parties to sexual activity. \u201cAffirmative consent\u201d means affirmative, conscious, and voluntary agreement to engage in sexual activity. It is the responsibility of each person involved in the sexual activity to ensure that he or she has the affirmative consent of the other or others to engage in the sexual activity. Lack of protest or resistance does not mean consent, nor does silence mean consent. Affirmative consent must be ongoing throughout a sexual activity and can be revoked at any time. The existence of a dating relationship between the persons involved, or the fact of past sexual relations between them, should never by itself be assumed to be an indicator of consent.\n(2) A policy that, in the evaluation of complaints in any disciplinary process, it shall not be a valid excuse to alleged lack of affirmative consent that the accused believed that the complainant consented to the sexual activity under either of the following circumstances:\n(A) The accused\u2019s belief in affirmative consent arose from the intoxication or recklessness of the accused.\n(B) The accused did not take reasonable steps, in the circumstances known to the accused at the time, to ascertain whether the complainant affirmatively consented.\n(3) A policy that the standard used in determining whether the elements of the complaint against the accused have been demonstrated is the preponderance of the evidence.\n(4) A policy that, in the evaluation of complaints in the disciplinary process, it shall not be a valid excuse that the accused believed that the complainant affirmatively consented to the sexual activity if the accused knew or reasonably should have known that the complainant was unable to consent to the sexual activity under any of the following circumstances:\n(A) The complainant was asleep or unconscious.\n(B) The complainant was incapacitated due to the influence of drugs, alcohol, or medication, so that the complainant could not understand the fact, nature, or extent of the sexual activity.\n(C) The complainant was unable to communicate due to a mental or physical condition.\n(b) In order to receive state funds for student financial assistance, the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions shall adopt detailed and victim-centered policies and protocols regarding sexual assault, domestic violence, dating violence, and stalking involving a student that comport with best practices and current professional standards. At a minimum, the policies and protocols shall cover all of the following:\n(1) A policy statement on how the institution will provide appropriate protections for the privacy of individuals involved, including confidentiality.\n(2) Initial response by the institution\u2019s personnel to a report of an incident, including requirements specific to assisting the victim, providing information in writing about the importance of preserving evidence, and the identification and location of witnesses.\n(3) Response to stranger and nonstranger sexual assault.\n(4) The preliminary victim interview, including the development of a victim interview protocol, and a comprehensive followup victim interview, as appropriate.\n(5) Contacting and interviewing the accused.\n(6) Seeking the identification and location of witnesses.\n(7) Providing written notification to the victim about the availability of, and contact information for, on- and off-campus resources and services, and coordination with law enforcement, as appropriate.\n(8) Participation of victim advocates and other supporting people.\n(9) Investigating allegations that alcohol or drugs were involved in the incident.\n(10) Providing that an individual who participates as a complainant or witness in an investigation of sexual assault, domestic violence, dating violence, or stalking will not be subject to disciplinary sanctions for a violation of the institution\u2019s student conduct policy at or near the time of the incident, unless the institution determines that the violation was egregious, including, but not limited to, an action that places the health or safety of any other person at risk or involves plagiarism, cheating, or academic dishonesty.\n(11) The role of the institutional staff supervision.\n(12) A comprehensive, trauma-informed training program for campus officials involved in investigating and adjudicating sexual assault, domestic violence, dating violence, and stalking cases.\n(13) Procedures for confidential reporting by victims and third parties.\n(c) In order to receive state funds for student financial assistance, the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions shall, to the extent feasible, enter into memoranda of understanding, agreements, or collaborative partnerships with existing on-campus and community-based organizations, including rape crisis centers, to refer students for assistance or make services available to students, including counseling, health, mental health, victim advocacy, and legal assistance, and including resources for the accused.\n(d) In order to receive state funds for student financial assistance, the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions shall implement comprehensive prevention and outreach programs addressing sexual violence, domestic violence, dating violence, and stalking. A comprehensive prevention program shall include a range of prevention strategies, including, but not limited to, empowerment programming for victim prevention, awareness raising campaigns, primary prevention, bystander intervention, and risk reduction. Outreach programs shall be provided to make students aware of the institution\u2019s policy on sexual assault, domestic violence, dating violence, and stalking. At a minimum, an outreach program shall include a process for contacting and informing the student body, campus organizations, athletic programs, and student groups about the institution\u2019s overall sexual assault policy, the practical implications of an affirmative consent standard, and the rights and responsibilities of students under the policy.\n(e) (1) Commencing January 1, 2018, in order to receive state funds for student financial assistance, the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions shall conduct annual training of their respective employees, in addition to the training required by paragraph (12) of subdivision (b), on the employee\u2019s obligations in responding to and reporting incidents of sexual assault, domestic violence, dating violence, and stalking involving students.\n(2) An employee trained pursuant to this subdivision shall be deemed to have satisfied the annual training requirement for each campus or community college district, as applicable, within each segment that the employee is employed at for that year.\n(f) Outreach programming shall be included as part of every incoming student\u2019s orientation.","title":""}
{"_id":"c146","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 14103 of the Financial Code is amended to read:\n14103.\nThe bylaws shall prescribe the manner in which the business of the credit union shall be conducted with reference to the following matters:\n(a) The purpose of the credit union.\n(b) The qualification for membership.\n(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.\n(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.\n(e) The membership, powers, and duties of the supervisory or audit committee, as applicable.\n(f) The membership, powers, and duties of the credit committee or if applicable, the general powers, responsibilities and duties of the credit manager.\n(g) The manner in which the bylaws may be amended.\nSEC. 2.\nSection 14252 of the Financial Code is amended to read:\n14252.\n(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.\n(b) The audit report called for in subdivision (a) shall comply with all of the following provisions:\n(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.\n(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.\n(3) The audit report shall be prepared by an independent certified public accountant or independent public accountant who is acceptable to the commissioner.\n(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.\n(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.\n(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:\n(1) An independent certified public accountant.\n(2) An independent public accountant.\n(3) The credit union\u2019s supervisory or audit committee, as applicable, provided that the audit complies with the requirements of Section 14253.\n(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.\n(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.\nSEC. 3.\nSection 14453 of the Financial Code is amended to read:\n14453.\nThe 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.\nSEC. 4.\nSection 14456 of the Financial Code is amended to read:\n14456.\nUnless the bylaws expressly reserve any or all of the following duties to the members, the directors have all of the following special duties:\n(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.\n(b) To expel members for any of the following causes:\n(1) Conviction of a criminal offense involving moral turpitude.\n(2) Failure to carry out contracts, agreements, or obligations with the credit union.\n(3) Refusal to comply with the provisions of this division or of the bylaws.\nAny 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.\n(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.\n(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.\n(e) To declare dividends on shares in accordance with the credit union\u2019s written capital structure policy and to determine the interest rate or rates which will be paid on certificates for funds.\n(f) To amend the bylaws, except where membership approval is required.\n(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.\n(h) To direct the deposit or investment of funds, except loans to members.\n(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.\n(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.\nSEC. 5.\nSection 14550 of the Financial Code is amended to read:\n14550.\nEvery 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.\nSEC. 6.\nSection 14556 is added to the Financial Code, to read:\n14556.\n(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.\n(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.\n(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.\n(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:\n(1) Ensure that the credit union complies with Section 14252.\n(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\u2019s operations.\n(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.\nSEC. 7.\nSection 14804 of the Financial Code is amended to read:\n14804.\nThe 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.\nSEC. 8.\nSection 14950 of the Financial Code is amended to read:\n14950.\n(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.\n(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.\n(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).\n(3) Transactions subject to this subdivision shall not be deemed to be loans to nonmembers for purposes of Section 14750.\n(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.\nSEC. 9.\nSection 14951 of the Financial Code is repealed.\nSEC. 10.\nSection 15050 of the Financial Code is amended to read:\n15050.\n(a) For purposes of this section, the following definitions shall apply:\n(1) \u201cCredit manager\u201d means any individual, regardless of title, designated pursuant to Section 14600 to fulfill the duties of a credit manager.\n(2) \u201cObligation\u201d 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.\n(3) \u201cOfficial\u201d 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.\n(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.\n(c) No credit union shall enter into any obligation with any official, directly or indirectly, unless all of the following requirements are satisfied:\n(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.\n(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.\n(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.\n(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.\n(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.\n(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.\nSEC. 11.\nSection 15100 of the Financial Code is amended to read:\n15100.\n(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:\n(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.\n(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.\n(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\u2019s savings capital.\n(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, \u201cfamily\u201d 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.","title":""}
{"_id":"c273","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 3041.5 of the Penal Code is amended to read:\n3041.5.\n(a) At all hearings for the purpose of reviewing a prisoner\u2019s parole suitability, or the setting, postponing, or rescinding of parole dates, with the exception of en banc review of tie votes, the following shall apply:\n(1) At least 10 days prior to a hearing by the Board of Parole Hearings, the prisoner shall be permitted to review his or her file that will be examined by the board and shall have the opportunity to enter a written response to any material contained in the file.\n(2) The prisoner shall be permitted to be present, to ask and answer questions, and to speak on his or her own behalf. Neither the prisoner nor the attorney for the prisoner shall be entitled to ask questions of a person appearing at the hearing pursuant to subdivision (b) of Section 3043.\n(3) Unless legal counsel is required by another law, a person designated by the Department of Corrections and Rehabilitation shall be present to ensure that all facts relevant to the decision are presented, including, if necessary, contradictory assertions as to matters of fact that have not been resolved by departmental or other procedures.\n(4) The prisoner and a person described in subdivision (b) of Section 3043 shall be permitted to request and receive a stenographic record of all proceedings.\n(5) If the hearing is for the purpose of postponing or rescinding of parole dates, the prisoner shall have the rights set forth in paragraphs (3) and (4) of subdivision (c) of Section 2932.\n(6) The board shall set a date to reconsider whether an inmate should be released on parole that ensures a meaningful consideration of whether the inmate is suitable for release on parole.\n(b) (1) Within 10 days following a meeting where a parole date has been set, the board shall send the prisoner a written statement setting forth his or her parole date, the conditions he or she must meet in order to be released on the date set, and the consequences of failure to meet those conditions.\n(2) Within 20 days following a meeting where a parole date has not been set, the board shall send the prisoner a written statement setting forth the reason or reasons for refusal to set a parole date, and suggest activities in which he or she might participate that will benefit him or her while he or she is incarcerated.\n(3) The board shall schedule the next hearing, after considering the views and interests of the victim, as follows:\n(A) Fifteen years after a hearing at which parole is denied, unless the board finds by clear and convincing evidence that the criteria relevant to the setting of parole release dates enumerated in subdivision (a) of Section 3041 are such that consideration of the public and victim\u2019s safety does not require a more lengthy period of incarceration for the prisoner than 10 additional years.\n(B) Ten years after a hearing at which parole is denied, unless the board finds by clear and convincing evidence that the criteria relevant to the setting of parole release dates enumerated in subdivision (a) of Section 3041 are such that consideration of the public and victim\u2019s safety does not require a more lengthy period of incarceration for the prisoner than seven additional years.\n(C) Three years, five years, or seven years after a hearing at which parole is denied, because the criteria relevant to the setting of parole release dates enumerated in subdivision (a) of Section 3041 are such that consideration of the public and victim\u2019s safety requires a more lengthy period of incarceration for the prisoner, but does not require a more lengthy period of incarceration for the prisoner than seven additional years.\n(4) The board may, in its discretion, after considering the views and interests of the victim and the district attorney of the county in which the offense was committed, advance a hearing set pursuant to paragraph (3) to an earlier date, when a change in circumstances or new information establishes a reasonable likelihood that consideration of the public and victim\u2019s safety does not require the additional period of incarceration of the prisoner provided for in paragraph (3).\n(5) Within 10 days of a board action resulting in the postponement of a previously set parole date, the board shall send the prisoner a written statement setting forth a new date and the reason or reasons for that action and shall offer the prisoner an opportunity for review of that action.\n(6) Within 10 days of a board action resulting in the rescinding of a previously set parole date, the board shall send the prisoner a written statement setting forth the reason or reasons for that action, and shall schedule the prisoner\u2019s next hearing in accordance with paragraph (3).\n(c) The board shall conduct a parole hearing pursuant to this section as a de novo hearing. Findings made and conclusions reached in a prior parole hearing shall be considered in, but shall not be deemed to be binding upon, subsequent parole hearings for an inmate, but shall be subject to reconsideration based upon changed facts and circumstances. When conducting a hearing, the board shall admit the prior recorded or memorialized testimony or statement of a victim or witness, upon request of the victim or if the victim or witness has died or become unavailable. At each hearing the board shall determine the appropriate action to be taken based on the criteria set forth in subdivision (b) of Section 3041.\n(d) (1) An inmate may request that the board exercise its discretion to advance a hearing set pursuant to paragraph (3) of subdivision (b) to an earlier date, by submitting a written request to the board, which shall set forth the change in circumstances or new information that establishes a reasonable likelihood that consideration of the public safety does not require the additional period of incarceration of the inmate. The board shall provide notice of the request to the district attorney and the victim, if the victim has previously requested notification of all board actions, no less than 30 days before the board may grant the inmate\u2019s request. Notice shall be satisfied by mailing copies of the inmate\u2019s request to the office of the district attorney and, if applicable, to the last address provided by the victim to the Office of Victim and Survivor Rights and Services.\n(2) The board shall have sole jurisdiction, after considering the views and interests of the district attorney of the county in which the offense was committed, or his or her representative, and the victim to determine whether to grant or deny a written request made pursuant to paragraph (1), and its decision shall be subject to review by a court or magistrate only for a manifest abuse of discretion by the board. The board shall have the power to summarily deny a request that does not comply with this subdivision or that does not set forth a change in circumstances or new information as required in paragraph (1) that in the judgment of the board is sufficient to justify the action described in paragraph (4) of subdivision (b).\n(3) An inmate may make only one written request as provided in paragraph (1) during each three-year period. Following either a summary denial of a request made pursuant to paragraph (1), or the decision of the board after a hearing described in subdivision (a) to not set a parole date, the inmate shall not be entitled to submit another request for a hearing pursuant to subdivision (a) until a three-year period of time has elapsed from the summary denial or decision of the board.\nSEC. 1.5.\nSection 3041.5 of the Penal Code is amended to read:\n3041.5.\n(a) At all hearings for the purpose of reviewing an inmate\u2019s parole suitability, or the setting, postponing, or rescinding of parole, with the exception of en banc review of tie votes, the following shall apply:\n(1) At least 10 days before a hearing by the Board of Parole Hearings, the inmate shall be permitted to review the file that will be examined by the board and shall have the opportunity to enter a written response to any material contained in the file.\n(2) The inmate shall be permitted to be present, to ask and answer questions, and to speak on his or her own behalf. Neither the inmate nor the attorney for the inmate shall be entitled to ask questions of a person appearing at the hearing pursuant to subdivision (b) of Section 3043.\n(3) Unless legal counsel is required by another law, a person designated by the Department of Corrections and Rehabilitation shall be present to ensure that all facts relevant to the decision are presented, including, if necessary, contradictory assertions as to matters of fact that have not been resolved by departmental or other procedures.\n(4) The inmate and a person described in subdivision (b) of Section 3043 shall be permitted to request and receive a stenographic record of all proceedings.\n(5) If the hearing is for the purpose of postponing or rescinding parole, the inmate shall have the rights set forth in paragraphs (3) and (4) of subdivision (c) of Section 2932.\n(6) The board shall set a date to reconsider whether an inmate should be released on parole that ensures a meaningful consideration of whether the inmate is suitable for release on parole.\n(b) (1) Within 10 days following a decision granting parole, the board shall send the inmate a written statement setting forth the reason or reasons for granting parole, the conditions he or she must meet in order to be released, and the consequences of failure to meet those conditions.\n(2) Within 20 days following a decision denying parole, the board shall send the inmate a written statement setting forth the reason or reasons for denying parole, and suggest activities in which he or she might participate that will benefit him or her while he or she is incarcerated.\n(3) The board shall schedule the next hearing, after considering the views and interests of the victim, as follows:\n(A) Fifteen years after a hearing at which parole is denied, unless the board finds by clear and convincing evidence that the criteria relevant to the decision denying parole are such that consideration of the public and victim\u2019s safety does not require a more lengthy period of incarceration for the inmate than 10 additional years.\n(B) Ten years after a hearing at which parole is denied, unless the board finds by clear and convincing evidence that the criteria relevant to the decision denying parole are such that consideration of the public and victim\u2019s safety does not require a more lengthy period of incarceration for the inmate than seven additional years.\n(C) Three years, five years, or seven years after a hearing at which parole is denied, because the criteria relevant to the decision denying parole are such that consideration of the public and victim\u2019s safety requires a more lengthy period of incarceration for the inmate, but does not require a more lengthy period of incarceration for the inmate than seven additional years.\n(4) The board may, in its discretion, after considering the views and interests of the victim and the district attorney of the county in which the offense was committed, advance a hearing set pursuant to paragraph (3) to an earlier date, when a change in circumstances or new information establishes a reasonable likelihood that consideration of the public and victim\u2019s safety does not require the additional period of incarceration of the prisoner provided for in paragraph (3).\n(5) Within 10 days of a board action resulting in the rescinding of parole, the board shall send the inmate a written statement setting forth the reason or reasons for that action, and shall schedule the inmate\u2019s next hearing in accordance with paragraph (3).\n(c) The board shall conduct a parole hearing pursuant to this section as a de novo hearing. Findings made and conclusions reached in a prior parole hearing shall be considered in, but shall not be deemed to be binding upon, subsequent parole hearings for an inmate, but shall be subject to reconsideration based upon changed facts and circumstances. When conducting a hearing, the board shall admit the prior recorded or memorialized testimony or statement of a victim or witness, upon request of the victim or if the victim or witness has died or become unavailable. At each hearing the board shall determine the appropriate action to be taken based on the criteria set forth in subdivision (b) of Section 3041.\n(d) (1) An inmate may request that the board exercise its discretion to advance a hearing set pursuant to paragraph (3) of subdivision (b) to an earlier date, by submitting a written request to the board, which shall set forth the change in circumstances or new information that establishes a reasonable likelihood that consideration of the public safety does not require the additional period of incarceration of the inmate. The board shall provide notice of the request to the district attorney and the victim, if the victim has previously requested notification of all board actions, no less than 30 days before the board may grant the inmate\u2019s request. Notice shall be satisfied by mailing copies of the inmate\u2019s request to the office of the district attorney and, if applicable, to the last address provided by the victim to the Office of Victim and Survivor Rights and Services.\n(2) The board shall have sole jurisdiction, after considering the views and interests of the district attorney of the county in which the offense was committed, or his or her representative, and the victim to determine whether to grant or deny a written request made pursuant to paragraph (1), and its decision shall be subject to review by a court or magistrate only for a manifest abuse of discretion by the board. The board shall have the power to summarily deny a request that does not comply with this subdivision or that does not set forth a change in circumstances or new information as required in paragraph (1) that in the judgment of the board is sufficient to justify the action described in paragraph (4) of subdivision (b).\n(3) An inmate may make only one written request as provided in paragraph (1) during each three-year period. Following either a summary denial of a request made pursuant to paragraph (1), or the decision of the board after a hearing described in subdivision (a) to deny parole, the inmate shall not be entitled to submit another request for a hearing pursuant to subdivision (a) until a three-year period of time has elapsed from the summary denial or decision of the board.\nSEC. 2.\nSection 1.5 of this bill incorporates amendments to Section 3041.5 of the Penal Code proposed by both this bill and Senate Bill 230. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 3041.5 of the Penal Code, and (3) this bill is enacted after Senate Bill 230, in which case Section 1 of this bill shall not become operative.","title":""}
{"_id":"c144","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 14005.12 of the Welfare and Institutions Code is amended to read:\n14005.12.\n(a) For the purposes of Sections 14005.4 and 14005.7, the department shall establish the income levels for maintenance need at the lowest levels that reasonably permit medically needy persons to meet their basic needs for food, clothing, and shelter, and for which federal financial participation will still be provided under Title XIX of the federal Social Security Act. It is the intent of the Legislature that the income levels for maintenance need for medically needy aged, blind, and disabled adults, in particular, shall be based upon amounts that adequately reflect their needs.\n(1) Subject to paragraph (2), reductions in the maximum aid payment levels set forth in subdivision (a) of Section 11450 in the 1991\u201392 fiscal year, and thereafter, shall not result in a reduction in the income levels for maintenance under this section.\n(2) (A) The department shall seek any necessary federal authorization for maintaining the income levels for maintenance at the levels in effect June 30, 1991.\n(B) If federal authorization is not obtained, medically needy persons shall not be required to pay the difference between the share of cost as determined based on the payment levels in effect on June 30, 1991, under Section 11450, and the share of cost as determined based on the payment levels in effect on July 1, 1991, and thereafter.\n(3) Any medically needy person who was eligible for benefits under this chapter as categorically needy for the calendar month immediately preceding the effective date of the reductions in the minimum basic standards of adequate care for the Aid to Families with Dependent Children program as set forth in Section 11452.018 made in the 1995\u201396 Regular Session of the Legislature shall not be responsible for paying his or her share of cost if all of the following apply:\n(A) He or she had eligibility as categorically needy terminated by the reductions in the minimum basic standards of adequate care.\n(B) He or she, but for the reductions, would be eligible to continue receiving benefits under this chapter as categorically needy.\n(C) He or she is not eligible to receive benefits without a share of cost as a medically needy person pursuant to paragraph (1) or (2).\n(b) In the case of a single individual, the amount of the income level for maintenance per month shall be 80 percent of the highest amount that would ordinarily be paid to a family of two persons, without any income or resources, under subdivision (a) of Section 11450, multiplied by the federal financial participation rate.\n(c) In the case of a family of two adults, the income level for maintenance per month shall be the highest amount that would ordinarily be paid to a family of three persons without income or resources under subdivision (a) of Section 11450, multiplied by the federal financial participation rate.\n(d) For the purposes of Sections 14005.4 and 14005.7, for a person in a medical institution or nursing facility, or for a person receiving institutional or noninstitutional services from a Program of All-Inclusive Care for the Elderly organization pursuant to Chapter 8.75 (commencing with Section 14591), the amount considered as required for maintenance per month shall be computed in accordance with, and for those purposes required by, Title XIX of the federal Social Security Act, and regulations adopted pursuant thereto. Those amounts shall be computed pursuant to regulations which include providing for the following purposes:\n(1) Personal and incidental needs in the amount of not less than\nthirty-five dollars ($35)\neighty dollars ($80)\nper month while a patient. The department\nmay,\nshall,\nby regulation,\nannually\nincrease this amount\nas necessitated by increasing costs of personal and incidental needs.\nbased on the percentage increase in the California Consumer Price Index.\nA long-term health care facility shall not charge an individual for the laundry services or periodic hair care specified in Section 14110.4.\n(2) The upkeep and maintenance of the home.\n(3) The support and care of his or her minor children, or any disabled relative for whose support he or she has contributed regularly, if there is no community spouse.\n(4) If the person is an institutionalized spouse, for the support and care of his or her community spouse, minor or dependent children, dependent parents, or dependent siblings of either spouse, provided the individuals are residing with the community spouse.\n(5) The community spouse monthly income allowance shall be established at the maximum amount permitted in accordance with Section 1924(d)(1)(B) of Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396r-5(d)(1)(B)).\n(6) The family allowance for each family member residing with the community spouse shall be computed in accordance with the formula established in Section 1924(d)(1)(C) of Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396r-5(d)(1)(C)).\n(e) For the purposes of Sections 14005.4 and 14005.7, with regard to a person in a licensed community care facility, the amount considered as required for maineligibility is determined as a single unit under Section 14008, the income levels for maintenance per month shall be established for each household in accordance with subdivisions (b) to (h), inclusive. The total of these levels shall be the level for the single eligibility unit.\n(j) The income levels for maintenance per month established pursuant to subdivisions (b) to (i), inclusive, shall be calculated on an annual basis, rounded to the next higher multiple of one hundred dollars ($100), and then prorated.\nSEC. 2.\nIf 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.","title":""}
{"_id":"c360","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 6228 of the Family Code is amended to read:\n6228.\n(a) State and local law enforcement agencies shall provide, upon request and without charging a fee, one copy of all incident report face sheets, one copy of all incident reports, or both, to a victim, or his or her representative as defined in subdivision (g), of a crime that constitutes an act of any of the following:\n(1) Domestic violence, as defined in Section 6211.\n(2) Sexual assault, as defined in Sections 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.\n(3) Stalking, as defined in Section 1708.7 of the Civil Code or Section 646.9 of the Penal Code.\n(4) Human trafficking, as defined in Section 236.1 of the Penal Code.\n(5) Abuse of an elder or a dependent adult, as defined in Section 15610.07 of the Welfare and Institutions Code.\n(b) (1) A copy of an incident report face sheet shall be made available during regular business hours to a victim or his or her representative no later than 48 hours after being requested by the victim or his or her representative, unless the state or local law enforcement agency informs the victim or his or her representative of the reasons why, for good cause, the incident report face sheet is not available, in which case the incident report face sheet shall be made available to the victim or his or her representative no later than five working days after the request is made.\n(2) A copy of the incident report shall be made available during regular business hours to a victim or his or her representative no later than five working days after being requested by a victim or his or her representative, unless the state or local law enforcement agency informs the victim or his or her representative of the reasons why, for good cause, the incident report is not available, in which case the incident report shall be made available to the victim or his or her representative no later than 10 working days after the request is made.\n(c) Any person requesting copies under this section shall present state or local law enforcement with his or her identification, including a current, valid driver\u2019s license, a state-issued identification card, or a passport. If the person is a representative of the victim and the victim is deceased, the representative shall also present a certified copy of the death certificate or other satisfactory evidence of the death of the victim at the time a request is made. If the person is a representative of the victim and the victim is alive and not the subject of a conservatorship, the representative shall also present a written authorization, signed by the victim, making him or her the victim\u2019s personal representative.\n(d) (1) This section shall apply to requests for domestic violence face sheets or incident reports made within five years from the date of completion of the incident report.\n(2) This section shall apply to requests for sexual assault, stalking, human trafficking, or abuse of an elder or a dependent adult face sheets or incident reports made within two years from the date of completion of the incident report.\n(e) This section shall be known and may be cited as the Access to Domestic Violence Reports Act of 1999.\n(f) For purposes of this section, \u201cvictim\u201d includes a minor who is 12 years of age or older.\n(g) (1) For purposes of this section, if the victim is deceased, a \u201crepresentative of the victim\u201d means any of the following:\n(A) The surviving spouse.\n(B) A surviving child of the decedent who has attained 18 years of age.\n(C) A domestic partner, as defined in subdivision (a) of Section 297.\n(D) A surviving parent of the decedent.\n(E) A surviving adult relative.\n(F) The personal representative of the victim, as defined in Section 58 of the Probate Code, if one is appointed.\n(G) The public administrator if one has been appointed.\n(2) For purposes of this section, if the victim is not deceased, a \u201crepresentative of the victim\u201d means any of the following:\n(A) A parent, guardian, or adult child of the victim, or an adult sibling of a victim 12 years of age or older, who shall present to law enforcement identification pursuant to subdivision (c). A guardian shall also present to law enforcement a copy of his or her letters of guardianship demonstrating that he or she is the appointed guardian of the victim.\n(B) An attorney for the victim, who shall present to law enforcement identification pursuant to subdivision (c) and written proof that he or she is the attorney for the victim.\n(C) A conservator of the victim who shall present to law enforcement identification pursuant to subdivision (c) and a copy of his or her letters of conservatorship demonstrating that he or she is the appointed conservator of the victim.\n(3) A representative of the victim does not include any person who has been convicted of murder in the first degree, as defined in Section 189 of the Penal Code, of the victim, or any person identified in the incident report face sheet as a suspect.\nSEC. 2.\nIf 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.","title":""}
{"_id":"c52","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nChapter 7 (commencing with Section 44200) is added to Part 6 of Division 14 of the Water Code, to read:\nCHAPTER  7. Semitropic Water Storage District\n44200.\nUnless the context otherwise requires, the following definitions govern the construction of this chapter:\n(a) \u201cBasin\u201d means the Kern County Groundwater Basin, as defined in Bulletin 118.\n(b) \u201cDistrict\u201d means the Semitropic Water Storage District and its improvement districts.\n(c) \u201cGroundwater extraction facility\u201d has the same meaning as defined in Section 10721.\n(d) \u201cManagement area\u201d means the portion of the basin within the boundaries of the district where the district has jurisdiction to implement specific management practices.\n(e) \u201cProject\u201d means the \u201cTulare Lake Storage and Floodwater Protection Project\u201d as described in the concept paper received by the California Water Commission on March 31, 2016, and any other groundwater storage or recharge project authorized by the district and for which the district completes environmental review on or before January 1, 2020.\n44202.\nThis chapter applies only to the district.\n44204.\n(a) The district may collect groundwater extraction information and require the reporting of groundwater information within the management area and, in furtherance of that goal, may do the following:\n(1) Require registration of groundwater extraction facilities within the management area.\n(2) Require that the use of every groundwater extraction facility within the management area be measured by a water-measuring device satisfactory to the district.\n(3) Require that all costs associated with the purchase and installation of the water-measuring device pursuant to paragraph (2) be borne by the owner or operator of each groundwater extraction facility. Water-measuring devices shall be installed by the district or, at the district\u2019s option, by the owner or operator of the groundwater extraction facility. Water-measuring devices shall be calibrated on a reasonable schedule as may be determined by the district.\n(4) Require that the owner or operator of a groundwater extraction facility within the management area file an annual statement with the district setting forth the total extraction in acre-feet of groundwater from the facility during the previous year.\n(b) In addition to the measurement of groundwater extractions pursuant to subdivision (a), the district may use any other reasonable method to determine groundwater extraction.\n(c) The district may exempt from this section a person who, for domestic purposes, extracts two acre-feet or less of groundwater per year.\n44206.\n(a) In addition to levying assessments or fixing tolls and charges pursuant to Part 9 (commencing with Section 46000) and in lieu of imposing assessments in whole or in part, the district may impose fees on the extraction of groundwater from the basin to fund the costs of the following:\n(1) Design, administration, operation, and maintenance of a project, including a prudent reserve.\n(2) Acquisition of lands or other properties, facilities, and services to implement a project.\n(3) Other costs directly related to design, implementation, maintenance, and operation of a project.\n(b) (1) If the owner or operator of a groundwater extraction facility fails to timely comply with the requirements for reporting groundwater extractions pursuant to Section 44204, the district may make a determination of the quantity of groundwater extracted following an investigation. The determined amount shall not exceed the maximum production capacity of the groundwater extraction facility. The district shall mail notice to the owner or operator of the district\u2019s determination of the quantity of groundwater extracted.\n(2) The groundwater charges based on the determination pursuant to paragraph (1), together with any interest and penalties, shall be payable immediately unless, within 20 days after the district\u2019s mailing of notice to the owner or operator of the district\u2019s determination, the owner or operator files with the district a written protest setting forth the grounds for protesting the amount of groundwater extraction or groundwater charges, interest, or penalties.\n(3) If a protest is filed pursuant to paragraph (2), the district shall hold a hearing to determine the total amount of groundwater extracted and the groundwater charges, interest, and penalties. Notice of the hearing shall be mailed to each protestant at least 20 days before the date fixed for the hearing.\n(c) Fees imposed pursuant to this section shall be adopted in accordance with subdivisions (a) and (b) of Section 6 of Article XIII D of the California Constitution.\n(d) Fees imposed pursuant to this section may include fixed fees and fees charged on a volumetric basis, including, but not limited to, fees that increase based on the quantity of groundwater produced annually, the year in which the production of groundwater commenced from a groundwater extraction facility, and impacts to the basin.\n(e) Fees imposed pursuant to this chapter shall be collected in the same manner as otherwise provided in Article 4 (commencing with Section 47180) of Chapter 7 of Part 9.\n44208.\n(a) This chapter shall not be construed as state approval, authorization, or funding of a project, including, but not limited to, funding available pursuant to the Water Quality, Supply, and Infrastructure Improvement Act of 2014.\n(b) A project shall comply with all applicable state laws, including, but not limited to, Division 13 (commencing with Section 21000) of the Public Resources Code, Division 2 (commencing with Section 1000), and Part 2.74 (commencing with Section 10720) of Division 6.\nSEC. 2.\nThe 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 of the Semitropic Water Storage District.\nSEC. 3.\nThis 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:\nIn order for the Semitropic Water Storage District to pursue early implementation of storage and groundwater projects that are needed in order to help recover the Kern County Groundwater Basin, which is listed by the Department of Water Resources as a critically overdrafted basin, it is necessary that this act take effect immediately.","title":""}
{"_id":"c264","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 2869 of the Public Utilities Code is amended to read:\n2869.\n(a) (1) An independent solar energy producer contracting for the use or sale of electricity or the lease of a solar energy\nsystem,\nsystem\nto an entity or\nperson,\nperson\nfor use in a residence shall include a disclosure to the buyer or lessee that, at a minimum, includes all of the following:\n(A) A good faith estimate of the kilowatthours to be delivered by the solar energy system.\n(B) A plain language explanation of the terms under which the pricing will be calculated over the life of the contract and a good faith estimate of the price per kilowatthour.\n(C) A plain language explanation of operation and maintenance responsibilities of the contract parties.\n(D) A plain language explanation of the contract provisions regulating the disposition or transfer of the contract in the event of a transfer of ownership of the residence, as well as the costs or potential costs associated with the disposition or transfer of the contract.\n(E) A plain language explanation of the disposition of the solar energy system at the end of the term of the contract.\n(2) The commission may require, as a condition of receiving ratepayer funded incentives, that an independent solar energy producer provide additional\ndisclosure\ndisclosures\nto the buyer or lessee, the commission, or both.\n(b) An independent solar energy producer contracting for the use or sale of electricity or the lease of a solar energy\nsystem,\nsystem\nto an entity or\nperson,\nperson\nfor use in a residence shall record a Notice of an Independent Solar Energy Producer Contract, within 30 days of the signing of the contract, against the title to the real property on which the electricity is generated, and against the title to any adjacent real property on which the electricity will be used, in the office of the county recorder for the county in which the real property is located. The notice shall include all of the following and may include additional information:\n(1) (A) If the solar energy system is located on the real property, a prominent title at the top of the document in 14-point type stating \u201cNotice of an Independent Solar Energy Producer Contract\u201d and the following statement:\n\u201cThis real property is receiving part of its electric service from an independent solar energy producer that has retained ownership of a solar electric generation system that is located on the real property. The independent solar energy producer provides electric service to the current owner of this real property through a long-term contract for electric service. The independent solar energy producer is required to provide a copy of the contract to a prospective buyer of the real property within ten (10) days of the receipt of a written request from the current owner of this real property.\u201d\n(B) If the solar energy system is located on an adjacent real property, a prominent title at the top of the document in 14-point type stating \u201cNotice of an Independent Solar Energy Producer Contract\u201d and the following statement:\n\u201cThis real property is receiving part of its electric service from an independent solar energy producer that has retained ownership of a solar electric generation system that is located on an adjacent real property. The independent solar energy producer provides electric service to the current owner of this real property through a long-term contract for electric service. The independent solar energy producer is required to provide a copy of the contract to a prospective buyer of this real property within ten (10) days of the receipt of a written request from the current owner of this real property.\u201d\n(2) The address and assessor\u2019s parcel number of the real property against which the notice is recorded.\n(3) The name, address, and telephone number of the independent solar energy producer, and any other contact information deemed necessary by the independent solar energy producer.\n(4) A statement identifying whether the contract is a contract for the sale of electricity or for the lease of a solar energy system, and providing the dates on which the contract commences and terminates.\n(5) A plain language summary of the potential costs, consequences, and assignment of responsibilities, if any, that could result in the event the contract is terminated.\n(c) (1) The recorded Notice of an Independent Solar Energy Producer Contract does not constitute a title defect, lien, or encumbrance against the real property, and the independent solar energy producer shall be solely responsible for the accuracy of the information provided in the notice and for recording the document with the county recorder.\n(2) The independent solar energy producer shall record a subsequent document extinguishing the Notice of an Independent Solar Energy Producer Contract if the contract is voided, terminated, sold, assigned, or transferred. If the independent solar energy producer transfers its obligation under the contract or changes its contact information, it shall record a new notice reflecting these changes within 30 days of their occurrence.\n(3) Within 30 days of the termination of a contract for the use or sale of electricity or the lease of a solar energy system, the independent solar energy producer shall record a subsequent document extinguishing the Notice of an Independent Solar Energy Producer Contract from the title to the real property on which the electricity is\ngenerated,\ngenerated\nand from the title to any adjacent real property on which the electricity was\nused,\nused\nin the office of the county recorder for the county in which the real property is located.\n(d) An independent solar energy producer contracting for the use or sale of electricity or the lease of a solar energy system shall provide a copy of the existing contract to a prospective buyer of the real property where the electricity is used or generated within ten (10) days of the receipt of a written request from the current owner of the real property.\n(e) (1) All contracts for the sale of electricity by an independent solar energy producer to an entity or\nperson,\nperson\nfor use in a residential dwelling shall be made available to the commission upon its request, and shall be confidential, except as provided for in this subdivision. The disclosures required by subdivision (a) may be made open to public inspection or made public by the commission.\n(2) A contract provided to the commission pursuant to this subdivision shall not be open to public inspection or made public, except on order of the commission, or by the commission or a commissioner in the course of a hearing or proceeding.\n(3) This subdivision does not eliminate or modify any rule or provision of law that provides for the confidentiality of information submitted to the commission in the course of its proceedings.\n(f) A master-meter customer of an electric utility who purchases electricity or leases a solar energy system from an independent solar energy producer, and who provides electric service to users who are tenants of a mobilehome park, apartment building, or similar residential complex, shall do both of the following:\n(1) Charge each user of the electric service that is under a submetered system a rate for the solar generated electricity not to exceed the rate charged by the independent solar energy producer or the electric utility\u2019s rate for an equivalent amount of electricity, whichever is lower.\n(2) Comply with the provisions of Section 739.5 or 12821.5, and any rules set forth by an electric utility for master-meter customers.\n(g) No transfer of real property subject to this article shall be invalidated solely because of the failure of any person to comply with any provision of this article. Any person who willfully or negligently violates or fails to perform any duty prescribed by any provision of this article shall be civilly liable in the amount of actual damages suffered by a transferee or transferor of the real property as a consequence of that violation or failure.","title":""}
{"_id":"c3","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\n(a) It is the intent of the Legislature that the certification created by this act not conflict with the intended purpose of the California Disabled Veteran Business Enterprise Program, which is, as stated in subdivision (a) of Section 999 of the Military and Veterans Code, \u201cto address the special needs of disabled veterans seeking rehabilitation and training through entrepreneurship and to recognize the sacrifices of Californians disabled during military service.\u201d\n(b) The Legislature finds and declares all of the following:\n(1) Allowing a person who is not a \u201cdisabled veteran,\u201d as defined in paragraph (6) of subdivision (b) of Section 999 of the Military and Veterans Code, to perform the role of a \u201cdisabled veteran\u201d within the California Disabled Veteran Business Enterprise Program, would conflict with the intended purpose of the program by placing that person in competition with a \u201cdisabled veteran\u201d for program benefits intended to meet the special needs of disabled veterans.\n(2) The spouse or child of a disabled veteran may participate in the program without conflicting with the program\u2019s intended purpose, if their participation is limited to either fulfilling existing contracts or providing for the orderly and equitable disposition of a certified disabled veteran business enterprise following the death or permanent medical disability of the business\u2019 majority owner.\n(3) Three years is sufficient time for the orderly and equitable disposition of a certified disabled veteran business enterprise following the death or permanent medical disability of the majority owner.\n(c) It is the intent of the Legislature that the certification created by this act shall not establish any business advantage other than to permit the spouse or child of the majority owner of a disabled veteran business enterprise to temporarily control and fully operate that business upon the death or permanent medical disability of the majority owner.\nSEC. 2.\nSection 999 of the Military and Veterans Code is amended to read:\n999.\n(a) This article shall be known as, and may be cited as, the California Disabled Veteran Business Enterprise Program. The California Disabled Veteran Business Enterprise Program is established to address the special needs of disabled veterans seeking rehabilitation and training through entrepreneurship and to recognize the sacrifices of Californians disabled during military service. It is the intent of the Legislature that every state procurement authority honor California\u2019s disabled veterans by taking all practical actions necessary to meet or exceed the disabled veteran business enterprise participation goal of a minimum of 3 percent of total contract value.\n(b) As used in this article, the following definitions apply:\n(1) \u201cAdministering agency\u201d means the Treasurer, in the case of contracts for professional bond services, and the Department of General Services\u2019 Office of Small Business and Disabled Veteran Business Enterprise Services, in the case of contracts governed by Section 999.2.\n(2) \u201cAwarding department\u201d means a state agency, department, governmental entity, or other officer or entity empowered by law to issue bonds or enter into contracts on behalf of the state.\n(3) \u201cBonds\u201d means bonds, notes, warrants, certificates of participation, and other evidences of indebtedness issued by, or on behalf of, the state.\n(4) \u201cContract\u201d includes any agreement or joint agreement to provide professional bond services to the State of California or an awarding department. \u201cContract\u201d also includes any agreement or joint development agreement to provide labor, services, materials, supplies, or equipment in the performance of a contract, franchise, concession, or lease granted, let, or awarded for, and on behalf of, the state.\n(5) (A) \u201cContractor\u201d means a person or persons, regardless of race, color, creed, national origin, ancestry, sex, marital status, disability, religious or political affiliation, age, or any sole proprietorship, firm, partnership, joint venture, corporation, or combination thereof that submits a bid and enters into a contract with a representative of a state agency, department, governmental entity, or other officer empowered by law to enter into contracts on behalf of the state. \u201cContractor\u201d includes a provider of professional bond services who enters into a contract with an awarding department.\n(B) \u201cDisabled veteran business enterprise contractor, subcontractor, or supplier\u201d means a person or entity that has been certified by the administering agency pursuant to this article and that performs a commercially useful function, as defined in clause (i), in providing services or goods that contribute to the fulfillment of the contract requirements:\n(i) A person or an entity is deemed to perform a \u201ccommercially useful function\u201d if a person or entity does all of the following:\n(I) Is responsible for the execution of a distinct element of the work of the contract.\n(II) Carries out the obligation by actually performing, managing, or supervising the work involved.\n(III) Performs work that is normal for its business services and functions.\n(IV) Is responsible, with respect to products, inventories, materials, and supplies required for the contract, for negotiating price, determining quality and quantity, ordering, installing, if applicable, and making payment.\n(V) Is not further subcontracting a portion of the work that is greater than that expected to be subcontracted by normal industry practices.\n(ii) A contractor, subcontractor, or supplier will not be considered to perform a commercially useful function if the contractor\u2019s, subcontractor\u2019s, or supplier\u2019s role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of a disabled veteran business enterprise participation.\n(6) \u201cDisabled veteran\u201d means a veteran of the military, naval, or air service of the United States, including, but not limited to, the Philippine Commonwealth Army, the Regular Scouts, \u201cOld Scouts,\u201d and the Special Philippine Scouts, \u201cNew Scouts,\u201d who has at least a 10-percent service-connected disability and who is domiciled in the state.\n(7) (A) \u201cDisabled veteran business enterprise\u201d means a business certified by the administering agency as meeting all of the following requirements:\n(i) It is a sole proprietorship at least 51 percent owned by one or more disabled veterans or, in the case of a publicly owned business, at least 51 percent of its stock is unconditionally owned by one or more disabled veterans; a subsidiary that is wholly owned by a parent corporation, but only if at least 51 percent of the voting stock of the parent corporation is unconditionally owned by one or more disabled veterans; or a joint venture in which at least 51 percent of the joint venture\u2019s management, control, and earnings are held by one or more disabled veterans.\n(ii) The management and control of the daily business operations are by one or more disabled veterans. The disabled veterans who exercise management and control are not required to be the same disabled veterans as the owners of the business.\n(iii) It is a sole proprietorship, corporation, or partnership with its home office located in the United States, which is not a branch or subsidiary of a foreign corporation, foreign firm, or other foreign-based business.\n(B) Notwithstanding subparagraph (A), after the death or the certification of a permanent medical disability of a disabled veteran who is a majority owner of a business that qualified as a disabled veteran business enterprise prior to that death or certification of a permanent medical disability, that business shall be deemed to be a disabled veteran business enterprise for a period not to exceed three years after the date of that death or certification of a permanent medical disability, if the business is inherited or controlled by the spouse or child of the majority owner, or by both of those persons. A business is a disabled veteran business enterprise pursuant to this subparagraph under either of the following circumstances:\n(i) For the duration of any contract entered into prior to the death or certification of permanent medical disability for the sole purpose of fulfilling the requirements of that contract.\n(ii) After the date of the majority owner\u2019s death or certification of permanent medical disability established by this subparagraph for the sole purpose of providing sufficient time to make orderly and equitable arrangements for the disposition of the business, except that the business shall not enter into any new contract as a disabled veteran business enterprise for purposes of the program if the contract would not be completed within the three-year period.\n(8) \u201cForeign corporation,\u201d \u201cforeign firm,\u201d or \u201cforeign-based business\u201d means a business entity that is incorporated or has its principal headquarters located outside the United States of America.\n(9) \u201cGoal\u201d means a numerically expressed objective that awarding departments and contractors are required to make efforts to achieve.\n(10) \u201cManagement and control\u201d means effective and demonstrable management of the business entity.\n(11) \u201cProfessional bond services\u201d include services as financial advisers, bond counsel, underwriters in negotiated transactions, underwriter\u2019s counsel, financial printers, feasibility consultants, and other professional services related to the issuance and sale of bonds.","title":""}
{"_id":"c475","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nThe Legislature hereby declares all of the following:\n(a) Beginning in 2008, California faced a foreclosure crisis, with rapidly dropping home values and skyrocketing job losses. Indiscriminate foreclosure practices of major mortgage servicers compounded the problem as they created a labyrinth of red tape, lost documents, and erroneous information, and then they started foreclosure proceedings while borrowers and their families were in the middle of applying for a loan modification.\n(b) The California Legislature responded with a first-in-the-nation Homeowner Bill of Rights (HBOR), which requires mortgage servicers to provide borrowers a fair and transparent process, a single point of contact, and the opportunity to finish applying for a loan modification before foreclosure proceedings can start. HBOR stabilized families, neighborhoods, and local communities by slowing down indiscriminate foreclosures.\n(c) Now, however, district attorneys and legal aid organizations are reporting an increasing number of cases in which mortgage servicers use a loophole in HBOR to foreclose on certain homeowners\u2014people who survive the death of a borrower and have an ownership interest in the home but are not named on the mortgage loan. Most often, the \u201csurvivor\u201d is the borrower\u2019s spouse and is over 65 years of age.\n(d) When the surviving widow or widower, domestic partner, children, or other heirs attempt to obtain basic information about the loan from the servicer, they face the same kind of barriers and abuses\u2014and, finally foreclosure\u2014that convinced the Legislature to pass HBOR.\n(e) Home ownership is the primary avenue for most Americans to build generational wealth. Indiscriminate foreclosures on surviving heirs destroy a family\u2019s ability to build for its financial future. Foreclosures also exacerbate the racial wealth gap\u2014and overall wealth inequality\u2014in society, and force seniors who want to \u201cage in place\u201d into the overheated rental market instead, with devastating health impacts.\n(f) Surviving heirs deserve the same transparency and opportunity to save their home as HBOR gave the original borrower. This act would stem a disturbing nationwide trend and help keep widows and widowers, children, and other survivors in their homes\u2014without requiring mortgage servicers to do anything more than they already do for other homeowners.\n(g) It is the intent of the Legislature that this act work in conjunction with federal Consumer Financial Protection Bureau servicing guidelines.\nSEC. 2.\nSection 2920.7 is added to the Civil Code, to read:\n2920.7.\n(a) Upon notification by someone claiming to be a successor in interest that a borrower has died, and where that claimant is not a party to the loan or promissory note, a mortgage servicer shall not record a notice of default pursuant to Section 2924 until the mortgage servicer does both of the following:\n(1) Requests reasonable documentation of the death of the borrower from the claimant, including, but not limited to, a death certificate or other written evidence of the death of the borrower. A reasonable period of time shall be provided for the claimant to present this documentation, but no less than 30 days from the date of a written request by the mortgage servicer.\n(2) Requests reasonable documentation from the claimant demonstrating the ownership interest of that claimant in the real property. A reasonable period of time shall be provided for the claimant to present this documentation, but no less than 90 days from the date of a written request by the mortgage servicer.\n(b) (1) Upon receipt by the mortgage servicer of the reasonable documentation of the status of a claimant as successor in interest and that claimant\u2019s ownership interest in the real property, that claimant shall be deemed a \u201csuccessor in interest.\u201d\n(2) There may be more than one successor in interest. A mortgage servicer shall apply the provisions of this section to multiple successors in interest in accordance with the terms of the loan and federal and state laws and regulations. When there are multiple successors in interest who do not wish to proceed as coborrowers or coapplicants, a mortgage servicer may require any nonapplicant successor in interest to consent in writing to the application for loan assumption.\n(3) Being a successor in interest under this section does not impose an affirmative duty on a mortgage servicer or alter any obligation the mortgage servicer has to provide a loan modification to the successor in interest. If a successor in interest assumes the loan, he or she may be required to otherwise qualify for available foreclosure prevention alternatives offered by the mortgage servicer.\n(c) Within 10 days of a claimant being deemed a successor in interest pursuant to subdivision (b), a mortgage servicer shall provide the successor in interest with information in writing about the loan. This information shall include, at a minimum, loan balance, interest rate and interest reset dates and amounts, balloon payments if any, prepayment penalties if any, default or delinquency status, the monthly payment amount, and payoff amounts.\n(d) A mortgage servicer shall allow a successor in interest to either:\n(1) Apply to assume the deceased borrower\u2019s loan. The mortgage servicer may evaluate the creditworthiness of the successor in interest, subject to applicable investor requirements and guidelines.\n(2) If a successor in interest of an assumable loan also seeks a foreclosure prevention alternative, simultaneously apply to assume the loan and for a foreclosure prevention alternative that may be offered by, or available through, the mortgage loan servicer. If the successor in interest qualifies for the foreclosure prevention alternative, assume the loan. The mortgage servicer may evaluate the creditworthiness of the successor in interest subject to applicable investor requirements and guidelines.\n(e) (1) A successor in interest shall have all the same rights and remedies as a borrower under subdivision (a) of Section 2923.4 and under Sections 2923.6, 2923.7, 2924, 2924.9, 2924.10, 2924.11, 2924.12, 2924.15, 2924.17, 2924.18, and 2924.19. For the purposes of Section 2924.15, \u201cowner-occupied\u201d means that the property was the principal residence of the deceased borrower and is security for a loan made for personal, family, or household purposes.\n(2) If a trustee\u2019s deed upon sale has not been recorded, a successor in interest may bring an action for injunctive relief to enjoin a material violation of subdivision (a), (b), (c), or (d). Any injunction shall remain in place and any trustee\u2019s sale shall be enjoined until the court determines that the mortgage servicer has corrected and remedied the violation or violations giving rise to the action for injunctive relief. An enjoined entity may move to dissolve an injunction based on a showing that the material violation has been corrected and remedied.\n(3) After a trustee\u2019s deed upon sale has been recorded, a mortgage servicer shall be liable to a successor in interest for actual economic damages pursuant to Section 3281 resulting from a material violation of subdivision (a), (b), (c), or (d) by that mortgage servicer if the violation was not corrected and remedied prior to the recordation of the trustee\u2019s deed upon sale. If the court finds that the material violation was intentional or reckless, or resulted from willful misconduct by a mortgage servicer, the court may award the successor in interest the greater of treble actual damages or statutory damages of fifty thousand dollars ($50,000).\n(4) A court may award a prevailing successor in interest reasonable attorney\u2019s fees and costs in an action brought pursuant to this section. A successor in interest shall be deemed to have prevailed for purposes of this subdivision if the successor in interest obtained injunctive relief or damages pursuant to this section.\n(5) A mortgage servicer shall not be liable for any violation that it has corrected and remedied prior to the recordation of the trustee\u2019s deed upon sale or that has been corrected and remedied by third parties working on its behalf prior to the recordation of the trustee\u2019s deed upon sale.\n(f) Consistent with their general regulatory authority, and notwithstanding subdivisions (b) and (c) of Section 2924.18, the Department of Business Oversight and the Bureau of Real Estate may adopt regulations applicable to any entity or person under their respective jurisdictions that are necessary to carry out the purposes of this section.\n(g) The rights and remedies provided by this section are in addition to and independent of any other rights, remedies, or procedures under any other law. This section shall not be construed to alter, limit, or negate any other rights, remedies, or procedures provided by law.\n(h) Except as otherwise provided, this act does not affect the obligations arising from a mortgage or deed of trust.\n(i) For purposes of this section, all of the following definitions shall apply:\n(1) \u201cNotification of the death of the mortgagor or trustor\u201d means provision to the mortgage servicer of a death certificate or, if a death certificate is not available, of other written evidence of the death of the mortgagor or trustor deemed sufficient by the mortgage servicer.\n(2) \u201cMortgage servicer\u201d shall have the same meaning as provided in Section 2920.5.\n(3) \u201cReasonable documentation\u201d means copies of the following documents, as may be applicable, or, if the relevant documentation listed is not available, other written evidence of the person\u2019s status as successor in interest to the real property that secures the mortgage or deed of trust deemed sufficient by the mortgage servicer:\n(A) In the case of a personal representative, letters as defined in Section 52 of the Probate Code.\n(B) In the case of devisee or an heir, a copy of the relevant will or trust document.\n(C) In the case of a beneficiary of a revocable transfer on death deed, a copy of that deed.\n(D) In the case of a surviving joint tenant, an affidavit of death of the joint tenant or a grant deed showing joint tenancy.\n(E) In the case of a surviving spouse where the real property was held as community property with right of survivorship, an affidavit of death of the spouse or a deed showing community property with right of survivorship.\n(F) In the case of a trustee of a trust, a certification of trust pursuant to Section 18100.5 of the Probate Code.\n(G) In the case of a beneficiary of a trust, relevant trust documents related to the beneficiary\u2019s interest.\n(4) \u201cSuccessor in interest\u201d means a natural person who provides the mortgage servicer with notification of the death of the mortgagor or trustor and reasonable documentation showing that the person is the spouse, domestic partner, joint tenant as evidenced by grant deed, parent, grandparent, adult child, adult grandchild, or adult sibling of the deceased borrower, who occupied the property as his or her principal residence within the last six continuous months prior to the deceased borrower\u2019s death and who currently resides in the property.\n(j) This section shall apply to first lien mortgages or deeds of trust that are secured by owner-occupied residential real property containing no more than four dwelling units. \u201cOwner-occupied\u201d means that the property was the principal residence of the deceased borrower.\n(k) (1) Any mortgage servicer, mortgagee, or beneficiary of the deed of trust, or an authorized agent thereof, who, with respect to the successor in interest or person claiming to be a successor in interest, complies with the relevant provisions regarding successors in interest of Part 1024 of Title 12 of the Code of Federal Regulations (12 C.F.R. Part 1024), known as Regulation X, and Part 1026 of Title 12 of the Code of Federal Regulations (12 C.F.R. Part 1026), known as Regulation Z, including any revisions to those regulations, shall be deemed to be in compliance with this section.\n(2) The provisions of paragraph (1) shall only become operative on the effective date of any revisions to the relevant provisions regarding successors in interest of Part 1024 of Title 12 of the Code of Federal Regulations (12 C.F.R. Part 1024), known as Regulation X, and Part 1026 of Title 12 of the Code of Federal Regulations (12 C.F.R. Part 1026), known as Regulation Z, issued by the federal Consumer Financial Protection Bureau that revise the Final Servicing Rules in 78 Federal Register 10696, of February 14th, 2013.\n(l) This section shall not apply to a successor in interest who is engaged in a legal dispute over the property that is security for the borrower\u2019s outstanding mortgage loan and has filed a claim raising this dispute in a legal proceeding.\n(m) This section shall not apply to a depository institution chartered under state or federal law, a person licensed pursuant to Division 9 (commencing with Section 22000) or Division 20 (commencing with Section 50000) of the Financial Code, or a person licensed pursuant to Part 1 (commencing with Section 10000) of Division 4 of the Business and Professions Code, that, during its immediately preceding annual reporting period, as established with its primary regulator, foreclosed on 175 or fewer residential real properties, containing no more than four dwelling units, that are located in California.\n(n) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.\nSEC. 3.\nThe provisions of this act are severable. If any provision of this act 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.","title":""}
{"_id":"c396","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 832.3 of the Penal Code is amended to read:\n832.3.\n(a) Except as provided in subdivision (e), any sheriff, undersheriff, or deputy sheriff of a county, any police officer of a city, and any police officer of a district authorized by statute to maintain a police department, who is first employed after January 1, 1975, shall successfully complete a course of training prescribed by the Commission on Peace Officer Standards and Training before exercising the powers of a peace officer, except while participating as a trainee in a supervised field training program approved by the Commission on Peace Officer Standards and Training. Each police chief, or any other person in charge of a local law enforcement agency, appointed on or after January 1, 1999, as a condition of continued employment, shall complete the course of training pursuant to this subdivision within two years of appointment. The training course for a sheriff, an undersheriff, and a deputy sheriff of a county, and a police chief and a police officer of a city or any other local law enforcement agency, shall be the same.\n(b) For the purpose of ensuring competent peace officers and standardizing the training required in subdivision (a), the commission shall develop a testing program, including standardized tests that enable (1) comparisons between presenters of the training and (2) assessments of trainee achievement. The trainees\u2019 test scores shall be used only for the purposes enumerated in this subdivision and those research purposes as shall be approved in advance by the commission. The commission shall take all steps necessary to maintain the confidentiality of the test scores, test items, scoring keys, and other examination data used in the testing program required by this subdivision. The commission shall determine the minimum passing score for each test and the conditions for retesting students who fail. Passing these tests shall be required for successful completion of the training required in subdivision (a). Presenters approved by the commission to provide the training required in subdivision (a) shall administer the standardized tests or, at the commission\u2019s option, shall facilitate the commission\u2019s administration of the standardized tests to all trainees.\n(c) Notwithstanding subdivision (c) of Section 84500 of the Education Code and any regulations adopted pursuant thereto, community colleges may give preference in enrollment to employed law enforcement trainees who shall complete training as prescribed by this section. At least 15 percent of each presentation shall consist of nonlaw enforcement trainees if they are available. Preference should only be given when the trainee could not complete the course within the time required by statute, and only when no other training program is reasonably available. Average daily attendance for these courses shall be reported for state aid.\n(d) Prior to July 1, 1987, the commission shall make a report to the Legislature on academy proficiency testing scores. This report shall include an evaluation of the correlation between academy proficiency test scores and performance as a peace officer.\n(e) (1) Any deputy sheriff described in subdivision (c) of Section 830.1 shall be exempt from the training requirements specified in subdivisions (a) and (b) as long as his or her assignments remain custodial related.\n(2) Deputy sheriffs described in subdivision (c) of Section 830.1 shall complete the training for peace officers pursuant to subdivision (a) of Section 832, and within 120 days after the date of employment, shall complete the training required by the Board of State and Community Corrections for custodial personnel pursuant to Section 6035, and the training required for custodial personnel of local detention facilities pursuant to Division 1 (commencing with Section 100) of Title 15 of the California Code of Regulations.\n(3) Deputy sheriffs described in subdivision (c) of Section 830.1 shall complete the course of training pursuant to subdivision (a) prior to being reassigned from custodial assignments to duties with responsibility for the prevention and detection of crime and the general enforcement of the criminal laws of this state. A deputy sheriff who has completed the course of training pursuant to subdivision (a) and has been hired as a deputy sheriff described in subdivision (c) of Section 830.1 shall be eligible to be reassigned from custodial assignments to duties with the responsibility for the prevention and detection of crime and the general enforcement of the criminal laws of this state within three years of completing the training pursuant to subdivision (a). A deputy sheriff shall be eligible for reassignment within five years of having completed the training pursuant to subdivision (a) without having to complete a requalification for the regular basic course provided that all of the following are satisfied:\n(A) The deputy sheriff remains continuously employed by the same department in which the deputy sheriff is being reassigned from custodial assignments to duties with the responsibility for the prevention and detection of crime and the general enforcement of the criminal laws of this state.\n(B) The deputy sheriff maintains the perishable skills training required by the commission for peace officers assigned to duties with the responsibility for the prevention and detection of crime and the general enforcement of the criminal laws of this state.\n(f) Any school police officer first employed by a K\u201312 public school district or California Community College district after July 1, 1999, shall successfully complete a basic course of training as prescribed by subdivision (a) before exercising the powers of a peace officer. A school police officer shall not be subject to this subdivision while participating as a trainee in a supervised field training program approved by the Commission on Peace Officer Standards and Training.\n(g) The commission shall prepare a specialized course of instruction for the training of school peace officers, as defined in Section 830.32, to meet the unique safety needs of a school environment. This course is intended to supplement any other training requirements.\n(h) Any school peace officer first employed by a K\u201312 public school district or California Community College district before July 1, 1999, shall successfully complete the specialized course of training prescribed in subdivision (g) no later than July 1, 2002. Any school police officer first employed by a K\u201312 public school district or California Community College district after July 1, 1999, shall successfully complete the specialized course of training prescribed in subdivision (g) within two years of the date of first employment.\n(i) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.\nSEC. 2.\nSection 832.3 is added to the Penal Code, to read:\n832.3.\n(a) Except as provided in subdivision (e), any sheriff, undersheriff, or deputy sheriff of a county, any police officer of a city, and any police officer of a district authorized by statute to maintain a police department, who is first employed after January 1, 1975, shall successfully complete a course of training prescribed by the Commission on Peace Officer Standards and Training before exercising the powers of a peace officer, except while participating as a trainee in a supervised field training program approved by the Commission on Peace Officer Standards and Training. Each police chief, or any other person in charge of a local law enforcement agency, appointed on or after January 1, 1999, as a condition of continued employment, shall complete the course of training pursuant to this subdivision within two years of appointment. The training course for a sheriff, an undersheriff, and a deputy sheriff of a county, and a police chief and a police officer of a city or any other local law enforcement agency, shall be the same.\n(b) For the purpose of ensuring competent peace officers and standardizing the training required in subdivision (a), the commission shall develop a testing program, including standardized tests that enable (1) comparisons between presenters of the training and (2) assessments of trainee achievement. The trainees\u2019 test scores shall be used only for the purposes enumerated in this subdivision and those research purposes as shall be approved in advance by the commission. The commission shall take all steps necessary to maintain the confidentiality of the test scores, test items, scoring keys, and other examination data used in the testing program required by this subdivision. The commission shall determine the minimum passing score for each test and the conditions for retesting students who fail. Passing these tests shall be required for successful completion of the training required in subdivision (a). Presenters approved by the commission to provide the training required in subdivision (a) shall administer the standardized tests or, at the commission\u2019s option, shall facilitate the commission\u2019s administration of the standardized tests to all trainees.\n(c) Notwithstanding subdivision (c) of Section 84500 of the Education Code and any regulations adopted pursuant thereto, community colleges may give preference in enrollment to employed law enforcement trainees who shall complete training as prescribed by this section. At least 15 percent of each presentation shall consist of nonlaw enforcement trainees if they are available. Preference should only be given when the trainee could not complete the course within the time required by statute, and only when no other training program is reasonably available. Average daily attendance for these courses shall be reported for state aid.\n(d) Prior to July 1, 1987, the commission shall make a report to the Legislature on academy proficiency testing scores. This report shall include an evaluation of the correlation between academy proficiency test scores and performance as a peace officer.\n(e) (1) Any deputy sheriff described in subdivision (c) of Section 830.1 shall be exempt from the training requirements specified in subdivisions (a) and (b) as long as his or her assignments remain custodial related.\n(2) Deputy sheriffs described in subdivision (c) of Section 830.1 shall complete the training for peace officers pursuant to subdivision (a) of Section 832, and within 120 days after the date of employment, shall complete the training required by the Board of State and Community Corrections for custodial personnel pursuant to Section 6035, and the training required for custodial personnel of local detention facilities pursuant to Division 1 (commencing with Section 100) of Title 15 of the California Code of Regulations.\n(3) Deputy sheriffs described in subdivision (c) of Section 830.1 shall complete the course of training pursuant to subdivision (a) prior to being reassigned from custodial assignments to duties with responsibility for the prevention and detection of crime and the general enforcement of the criminal laws of this state.\n(f) Any school police officer first employed by a K\u201312 public school district or California Community College district after July 1, 1999, shall successfully complete a basic course of training as prescribed by subdivision (a) before exercising the powers of a peace officer. A school police officer shall not be subject to this subdivision while participating as a trainee in a supervised field training program approved by the Commission on Peace Officer Standards and Training.\n(g) The commission shall prepare a specialized course of instruction for the training of school peace officers, as defined in Section 830.32, to meet the unique safety needs of a school environment. This course is intended to supplement any other training requirements.\n(h) Any school peace officer first employed by a K\u201312 public school district or California Community College district before July 1, 1999, shall successfully complete the specialized course of training prescribed in subdivision (g) no later than July 1, 2002. Any school police officer first employed by a K\u201312 public school district or California Community College district after July 1, 1999, shall successfully complete the specialized course of training prescribed in subdivision (g) within two years of the date of first employment.\n(i) This section shall become operative January 1, 2019.","title":""}
{"_id":"c2","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\n(a) In submitting this act to the electors, the Legislature finds and declares all of the following:\n(1) The theft of firearms and receipt of stolen firearms pose dangers to public safety that are different in kind from other types of theft or the receipt of other types of stolen property.\n(2) Many handguns have a value of less than nine hundred fifty dollars ($950). The threat to public safety in regard to stolen firearms goes above and beyond the monetary value of the firearm.\n(3) Given the significant and particular threat to public safety in regard to stolen firearms, it is appropriate to restore the penalties that existed prior to the passage of the Safe Neighborhoods and Schools Act in regard to stolen firearms.\n(b) It is not the intent of the Legislature in submitting this act to the electors to undermine the voter\u2019s decision to decrease penalties for low-level theft and receiving stolen property, only to give the voters the opportunity to decide whether firearm thefts and the receipt of stolen firearms should be subject to the penalties that existed prior to the passage of the Safe Neighborhoods and Schools Act.\nSEC. 2.\nSection 490.2 of the Penal Code is amended to read:\n490.2.\n(a) Notwithstanding Section 487 or any other law defining grand theft, except as provided in subdivision (c), obtaining property by theft where the value of the money, labor, real property, or personal property taken does not exceed nine hundred fifty dollars ($950) is petty theft and shall be punished as a misdemeanor, except that the person may instead be punished pursuant to subdivision (h) of Section 1170 if that person has one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 or for an offense requiring registration pursuant to subdivision (c) of Section 290.\n(b) This section does not apply to a theft that may be charged as an infraction pursuant to any other law.\n(c) If the property taken is a firearm, the theft is grand theft in all cases, as specified in paragraph (2) of subdivision (d) of Section 487, and is punishable pursuant to subdivision (a) of Section 489.\nSEC. 3.\nSection 496 of the Penal Code is amended to read:\n496.\n(a) (1) Every person who buys or receives any property that has been stolen or that has been obtained in any manner constituting theft or extortion, knowing the property to be so stolen or obtained, or who conceals, sells, withholds, or aids in concealing, selling, or withholding any property from the owner, knowing the property to be so stolen or obtained, shall be punished by imprisonment in a county jail for not more than one year, or imprisonment pursuant to subdivision (h) of Section 1170. However, except as provided in subdivision (e), if the value of the property does not exceed nine hundred fifty dollars ($950), the offense is a misdemeanor, punishable only by imprisonment in a county jail not exceeding one year, if the person has no prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 or for an offense requiring registration pursuant to subdivision (c) of Section 290.\n(2) A principal in the actual theft of the property may be convicted pursuant to this section. However, a person may not be convicted both pursuant to this section and of the theft of the same property.\n(b) (1) Every swap meet vendor, as defined in Section 21661 of the Business and Professions Code, and every person whose principal business is dealing in, or collecting, merchandise or personal property, and every agent, employee, or representative of that person, who buys or receives property of a value in excess of nine hundred fifty dollars ($950) that has been stolen or obtained in any manner constituting theft or extortion, under circumstances that should cause the person, agent, employee, or representative to make reasonable inquiry to ascertain that the person from whom the property was bought or received had the legal right to sell or deliver it, without making a reasonable inquiry, shall be punished by imprisonment in a county jail for not more than one year, or imprisonment pursuant to subdivision (h) of Section 1170.\n(2) Every swap meet vendor, as defined in Section 21661 of the Business and Professions Code, and every person whose principal business is dealing in, or collecting, merchandise or personal property, and every agent, employee, or representative of that person, who buys or receives property of a value of nine hundred fifty dollars ($950) or less that has been stolen or obtained in any manner constituting theft or extortion, under circumstances that should cause the person, agent, employee, or representative to make reasonable inquiry to ascertain that the person from whom the property was bought or received had the legal right to sell or deliver it, without making a reasonable inquiry, shall be guilty of a misdemeanor.\n(c) A person who has been injured by a violation of subdivision (a) or (b) may bring an action for three times the amount of actual damages, if any, sustained by the plaintiff, costs of suit, and reasonable attorney\u2019s fees.\n(d) Notwithstanding Section 664, an attempt to commit any act prohibited by this section, except an offense specified in the accusatory pleading as a misdemeanor, is punishable by imprisonment in a county jail for not more than one year, or by imprisonment pursuant to subdivision (h) of Section 1170.\n(e) Notwithstanding subdivision (a), a person who buys or receives a firearm that has been stolen or that has been obtained in any manner constituting theft or extortion, knowing the property to be so stolen or obtained, or who conceals, sells, withholds, or aids in concealing, selling, or withholding a firearm from the owner, knowing the property to be so stolen or obtained, shall be punished by imprisonment in a county jail for not more than one year, or imprisonment pursuant to subdivision (h) of Section 1170.\nSEC. 4.\nSection 29805 of the Penal Code is amended to read:\n29805.\nExcept as provided in Section 29855 or subdivision (a) of Section 29800, any person who has been convicted of a misdemeanor violation of Section 71, 76, 136.1, 136.5, or 140, subdivision (d) of Section 148, Section 171b, paragraph (1) of subdivision (a) of Section 171c, 171d, 186.28, 240, 241, 242, 243, 243.4, 244.5, 245, 245.5, 246.3, 247, 273.5, 273.6, 417, 417.6, 422, 490.2 if the property taken was a firearm, 496 if the property consists of a firearm, 626.9, 646.9, or 830.95, subdivision (a) of former Section 12100, as that section read at any time from when it was enacted by Section 3 of Chapter 1386 of the Statutes of 1988 to when it was repealed by Section 18 of Chapter 23 of the Statutes of 1994, Section 17500, 17510, 25300, 25800, 30315, or 32625, subdivision (b) or (d) of Section 26100, or Section 27510, or Section 8100, 8101, or 8103 of the Welfare and Institutions Code, any firearm-related offense pursuant to Sections 871.5 and 1001.5 of the Welfare and Institutions Code, or of the conduct punished in subdivision (c) of Section 27590, and who, within 10 years of the conviction, owns, purchases, receives, or has in possession or under custody or control, any firearm is guilty of a public offense, which shall be punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine. The court, on forms prescribed by the Department of Justice, shall notify the department of persons subject to this section. However, the prohibition in this section may be reduced, eliminated, or conditioned as provided in Section 29855 or 29860.\nSEC. 5.\nNo reimbursement is required by this act pursuant to Section 6 of Article XIII\u2009B 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\u2009B of the California Constitution.\nSEC. 6.\n(a) Sections 2 and 3 of this act amend the Safe Neighborhoods and Schools Act, Proposition 47, an initiative statute, and shall become effective only when submitted to and approved by the voters at a statewide election.\n(b) A special election is hereby called, to be held throughout the state on November 8, 2016, for approval by the voters of Sections 2 and 3 of this act. The special election shall be consolidated with the statewide general election to be held on that date. The consolidated election shall be held and conducted in all respects as if there were only one election, and only one form of ballot shall be used.\n(c) Notwithstanding the requirements of Sections 9040, 9043, 9044, 9061, 9082, and 9094 of the Elections Code, or any other law, the Secretary of State shall submit Sections 2 and 3 of this act to the voters for their approval at the November 8, 2016, statewide general election.\nSEC. 7.\nThis act calls an election within the meaning of Article IV of the Constitution and shall go into immediate effect.","title":""}
{"_id":"c404","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 87207 of the Government Code is amended to read:\n87207.\n(a) If income is required to be reported under this article, the statement shall contain, except as provided in subdivision (b):\n(1) The name and address of each source of income aggregating five hundred dollars ($500) or more in value, or fifty dollars ($50) or more in value if the income was a gift, and a general description of the business activity, if any, of each source.\n(2) A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was at least five hundred dollars ($500) but did not exceed one thousand dollars ($1,000), whether it was in excess of one thousand dollars ($1,000) but was not greater than ten thousand dollars ($10,000), whether it was greater than ten thousand dollars ($10,000) but not greater than one hundred thousand dollars ($100,000), or whether it was greater than one hundred thousand dollars ($100,000).\n(3) A description of the consideration, if any, for which the income was received.\n(4) In the case of a gift, the amount and the date on which the gift was received, and the travel destination for purposes of a gift that is a travel payment, advance, or reimbursement.\n(5) In the case of a loan, the annual interest rate, the security, if any, given for the loan, and the term of the loan.\n(b) If the filer\u2019s pro rata share of income to a business entity, including income to a sole proprietorship, is required to be reported under this article, the statement shall contain:\n(1) The name, address, and a general description of the business activity of the business entity.\n(2) The name of every person from whom the business entity received payments if the filer\u2019s pro rata share of gross receipts from that person was equal to or greater than ten thousand dollars ($10,000) during a calendar year.\n(c) If a payment, including an advance or reimbursement, for travel is required to be reported pursuant to this section, it may be reported on a separate travel reimbursement schedule which shall be included in the filer\u2019s statement of economic interest. A filer who chooses not to use the travel schedule shall disclose payments for travel as a gift, unless it is clear from all surrounding circumstances that the services provided were equal to or greater in value than the payments for the travel, in which case the travel may be reported as income.\nSEC. 1.5.\nSection 87207 of the Government Code is amended to read:\n87207.\n(a) Except as provided in subdivision (b), if income is required to be reported under this article, the statement shall contain all of the following:\n(1) The name and address of each source of income aggregating one thousand dollars ($1,000) or more in value, or fifty dollars ($50) or more in value if the income was a gift, and a general description of the business activity, if any, of each source.\n(2) A statement indicating which of the following represents the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source:\n(A) At least one thousand dollars ($1,000) but not greater than ten thousand dollars ($10,000).\n(B) Greater than ten thousand dollars ($10,000) but not greater than one hundred thousand dollars ($100,000).\n(C) Greater than one hundred thousand dollars ($100,000) but not greater than two hundred fifty thousand dollars ($250,000).\n(D) Greater than two hundred fifty thousand dollars ($250,000) but not greater than five hundred thousand dollars ($500,000).\n(E) Greater than five hundred thousand dollars ($500,000).\n(3) A description of the consideration, if any, for which the income was received.\n(4) In the case of a gift, the amount and the date on which the gift was received, and the travel destination for purposes of a gift that is a travel payment, advance, or reimbursement.\n(5) In the case of a loan, the annual interest rate, the security, if any, given for the loan, and the term of the loan.\n(b) If the filer\u2019s pro rata share of income to a business entity, including income to a sole proprietorship, is required to be reported under this article, the statement shall contain the following:\n(1) (A) The name, address, and, except as provided in subparagraph (B), a thorough and detailed description of the business activity of the business entity based on criteria established by the commission.\n(B) A filer is not required to provide a thorough and detailed description of the business activity of the business entity if the business entity is publicly traded.\n(2) The name of every person from whom the business entity received payments if the filer\u2019s pro rata share of gross receipts from that person was equal to or greater than ten thousand dollars ($10,000) during a calendar year.\n(c) If a payment, including an advance or reimbursement, for travel is required to be reported pursuant to this section, it may be reported on a separate travel reimbursement schedule, which shall be included in the filer\u2019s statement of economic interest. A filer who chooses not to use the travel schedule shall disclose payments for travel as a gift, unless it is clear from all surrounding circumstances that the services provided were equal to or greater in value than the payments for the travel, in which case the travel may be reported as income.\nSEC. 2.\nSection 89506 of the Government Code is amended to read:\n89506.\n(a) Payments, advances, or reimbursements for travel, including actual transportation and related lodging and subsistence that is reasonably related to a legislative or governmental purpose, or to an issue of state, national, or international public policy, are not prohibited or limited by this chapter if either of the following applies:\n(1) The travel is in connection with a speech given by the elected state officer, local elected officeholder, candidate for elective state office or local elective office, an individual specified in Section 87200, member of a state board or commission, or designated employee of a state or local government agency, the lodging and subsistence expenses are limited to the day immediately preceding, the day of, and the day immediately following the speech, and the travel is within the United States.\n(2) The travel is provided by a government, a governmental agency, a foreign government, a governmental authority, a bona fide public or private educational institution, as defined in Section 203 of the Revenue and Taxation Code, a nonprofit organization that is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code, or by a person domiciled outside the United States who substantially satisfies the requirements for tax-exempt status under Section 501(c)(3) of the Internal Revenue Code.\n(b) Gifts of travel not described in subdivision (a) are subject to the limits in Section 89503.\n(c) Subdivision (a) applies only to travel that is reported on the recipient\u2019s statement of economic interests.\n(d) For purposes of this section, a gift of travel does not include any of the following:\n(1) Travel that is paid for from campaign funds, as permitted by Article 4 (commencing with Section 89510), or that is a contribution.\n(2) Travel that is provided by the agency of a local elected officeholder, an elected state officer, member of a state board or commission, an individual specified in Section 87200, or a designated employee.\n(3) Travel that is reasonably necessary in connection with a bona fide business, trade, or profession and that satisfies the criteria for federal income tax deduction for business expenses in Sections 162 and 274 of the Internal Revenue Code, unless the sole or predominant activity of the business, trade, or profession is making speeches.\n(4) Travel that is excluded from the definition of a gift by any other provision of this title.\n(e) This section does not apply to payments, advances, or reimbursements for travel and related lodging and subsistence permitted or limited by Section 170.9 of the Code of Civil Procedure.\n(f) (1) A nonprofit organization that regularly organizes and hosts travel for elected officials and that makes payments, advances, or reimbursements that total more than ten thousand dollars ($10,000) in a calendar year, or that total more than five thousand dollars ($5,000) in a calendar year for a single person, for travel by an elected state officer or local elected officeholder as described in subdivision (a) shall disclose to the Commission the names of donors who did both of the following in the preceding year:\n(A) Donated one thousand dollars ($1,000) or more to the nonprofit organization.\n(B) Accompanied an elected state officer or local elected officeholder, either personally or through an agent, employee, or representative, for any portion of travel described in subdivision (a).\n(2) For purposes of this subdivision, an organization \u201cregularly organizes and hosts travel for elected officials\u201d if the sum of the organization\u2019s expenses that relate to any of the following types of activities with regard to elected officials was greater than one-third of its total expenses reflected on the organization\u2019s Internal Revenue Service Form 990, or the equivalent, filed most recently within the last 12 months:\n(A) Travel.\n(B) Study tours.\n(C) Conferences, conventions, and meetings.\n(3) This subdivision does not preclude a finding that a nonprofit organization is acting as an intermediary or agent of the donor. If the nonprofit organization is acting as an intermediary or agent of the donor, all of the following apply:\n(A) The donor to the nonprofit organization is the source of the gift.\n(B) The donor shall be identified as a financial interest under Section 87103.\n(C) The gift shall be reported as required by Section 87207.\n(D) The gift shall be subject to the limitations on gifts specified in Section 89503.\n(4) For purposes of this subdivision, a nonprofit organization includes an organization that is exempt from taxation under Section 501(c)(3) or Section 501(c)(4) of the Internal Revenue Code.\nSEC. 3.\nSection 1.5 of this bill incorporates amendments to Section 87207 of the Government Code proposed by both this bill and Assembly Bill 10. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 87207 of the Government Code, and (3) this bill is enacted after Assembly Bill 10, in which case Section 1 of this bill shall not become operative.\nSEC. 4.\nNo reimbursement is required by this act pursuant to Section 6 of Article XIII\u2009B 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\u2009B of the California Constitution.\nSEC. 5.\nThe 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.","title":""}
{"_id":"c485","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nThis act shall be known and may be cited as the California Workplace Flexibility Act of\n2015.\n2016.\nSEC. 2.\nThe Legislature finds and declares all of the following:\n(a) California businesses and their workers suffer from outdated and inefficient workplace and overtime rules that do not allow for sufficient flexibility for employers and workers to schedule their hours of work for mutual benefit.\n(b) California overtime laws, which are unique in the country, make it difficult for most employers to reach an agreement with an individual worker that would allow a flexible work schedule.\n(c) Existing law does not permit a California employer to allow an individual worker to choose a flexible work schedule of four 10-hour days per week without overtime being paid.\n(d) As a consequence, large, small, and micro-employers do not have the flexibility to offer their employees the opportunity to take advantage of a flexible work schedule that would benefit the workers and their families.\n(e) Permitting employees to elect to work four 10-hour days per week without the payment of overtime would allow those employees to spend much-needed time with their families, lessen traffic congestion on our crowded roads and highways, allow workers to spend one day a week on personal matters, such as volunteering at a child\u2019s school, scheduling medical appointments, and attending to other important family matters that often are difficult to schedule with a five-days-per-week, eight-hours-per-day schedule.\n(f) It is the intent of the Legislature in enacting the California Workplace Flexibility Act of\n2015\n2016\nto protect workers as follows:\n(1) An employee may not be forced to work more than eight hours in a day without receiving overtime, but, instead, he or she may request a flexible work schedule of up to four 10-hour days per week and the employer may agree to this schedule without having to pay overtime for the 9th and 10th hours worked per day in that schedule.\n(2) The employer will be required to pay overtime rates after 10 work hours in a day for workers who have chosen a flexible schedule pursuant to this act.\n(3) The employer will be required to pay double normal pay after 12 work hours in a day for a worker who has chosen a flexible schedule under this act.\n(4) The worker, including one who chooses a flexible schedule under this act, will receive overtime for any hours worked over 40 hours in a single week.\n(g) Workplaces that are unionized already allow workers to choose to work four 10-hour days; however, it is virtually impossible for workers of nonunionized workplaces to enjoy this benefit.\nSEC. 3.\nSection 510 of the Labor Code is amended to read:\n510.\n(a) Eight hours of labor constitutes a day\u2019s work. Any work in excess of eight hours in one workday and any work in excess of 40 hours in any one workweek and the first eight hours worked on the seventh day of work in any one workweek shall be compensated at the rate of no less than one and one-half times the regular rate of pay for an employee. Any work in excess of 12 hours in one day shall be compensated at the rate of no less than twice the regular rate of pay for an employee. In addition, any work in excess of eight hours on any seventh day of a workweek shall be compensated at the rate of no less than twice the regular rate of pay of an employee. Nothing in this section requires an employer to combine more than one rate of overtime compensation in order to calculate the amount to be paid to an employee for any hour of overtime work. The requirements of this section do not apply to the payment of overtime compensation to an employee working pursuant to any of the following:\n(1) An alternative workweek schedule adopted pursuant to Section 511.\n(2) An employee-selected flexible work schedule adopted pursuant to Section 511.5.\n(3) An alternative workweek schedule adopted pursuant to a collective bargaining agreement pursuant to Section 514.\n(4) An alternative workweek schedule to which this chapter is inapplicable pursuant to Section 554.\n(b) Time spent commuting to and from the first place at which an employee\u2019s presence is required by the employer shall not be considered to be a part of a day\u2019s work, when the employee commutes in a vehicle that is owned, leased, or subsidized by the employer and is used for the purpose of ridesharing, as defined in Section 522 of the Vehicle Code.\n(c) This section does not affect, change, or limit an employer\u2019s liability under the workers\u2019 compensation law.\nSEC. 4.\nSection 511.5 is added to the Labor Code, to read:\n511.5.\n(a) Notwithstanding Section 511 or any other law or order of the Industrial Welfare Commission, an individual nonexempt employee may work up to 10 hours per workday without any obligation on the part of the employer to pay an overtime rate of compensation, except as provided in subdivision (b), if the employee requests this schedule in writing and the employer approves the request. This shall be referred to as an overtime exemption for an employee-selected flexible work schedule.\n(b) If an employee-selected flexible work schedule is adopted pursuant to subdivision (a), the employer shall pay overtime at one and one-half times the employee\u2019s regular rate of pay for all hours worked over 40 hours in a workweek or over 10 hours in a workday, whichever is the greater number of hours. All work performed in excess of 12 hours per workday and in excess of eight hours on a fifth, sixth, or seventh day in the workweek shall be paid at double the employee\u2019s regular rate of pay.\n(c) The employer may inform its employees that it is willing to consider an employee request to work an employee-selected flexible work schedule, but shall not induce a request by promising an employment benefit or threatening an employment detriment.\n(d) The employee or employer may discontinue the employee-selected flexible work schedule at any time by giving written notice to the other party. The request will be effective the first day of the next pay period or the fifth day after notice is given if there are fewer than five days before the start of the next pay period, unless otherwise agreed to by the employer and the employee.\n(e) This section does not apply to any employee covered by a valid collective bargaining agreement or employed by the state, a city, county, city and county, district, municipality, or other public, quasi-public, or municipal corporation, or any political subdivision of this state.\n(f) This section shall be liberally construed to accomplish its purposes.\n(g) (1) The Division of Labor Standards Enforcement shall enforce this section and shall adopt or revise regulations in a manner necessary to conform and implement this section.\n(2) This section shall prevail over any inconsistent provisions in any wage order of the Industrial Welfare Commission.","title":""}
{"_id":"c92","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 11370.1 of the Health and Safety Code is amended to read:\n11370.1.\n(a)  Notwithstanding Section 11350 or 11377 or any other\nprovision of\nlaw,\nevery\na\nperson who unlawfully possesses any amount of a substance containing cocaine base, a substance containing cocaine, a substance containing heroin, a substance containing methamphetamine, a crystalline substance containing phencyclidine, a liquid substance containing phencyclidine, plant material containing phencyclidine, or a hand-rolled cigarette treated with phencyclidine while armed with a loaded, operable firearm is guilty of a felony punishable by imprisonment\nin the state prison\npursuant to subdivision (h) of Section 1170 of the Penal Code\nfor two, three, or four years.\nAs used in this subdivision, \u201carmed with\u201d means having available for immediate offensive or defensive use.\n(b)\nAny\nA\nperson who is convicted under this section shall be ineligible for diversion or deferred entry of judgment under Chapter 2.5 (commencing with Section 1000) of Title 6 of Part 2 of the Penal Code.\nSEC. 2.\nSection 12022 of the Penal Code is amended to read:\n12022.\n(a) (1) Except as provided in subdivisions (c) and (d), a person who is armed with a firearm in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment pursuant to subdivision (h) of Section 1170 for one year, unless the arming is an element of that offense. This additional term shall apply to a person who is a principal in the commission of a felony or attempted felony if one or more of the principals is armed with a firearm, whether or not the person is personally armed with a firearm.\n(2) Except as provided in subdivision (c), and notwithstanding subdivision (d), if the firearm is an assault weapon, as defined in Section 30510 or 30515, or a machinegun, as defined in Section 16880, or a .50 BMG rifle, as defined in Section 30530, the additional and consecutive term described in this subdivision shall be three years imprisonment pursuant to subdivision (h) of Section 1170 whether or not the arming is an element of the offense of which the person was convicted. The additional term provided in this paragraph shall apply to any person who is a principal in the commission of a felony or attempted felony if one or more of the principals is armed with an assault weapon, machinegun, or a .50 BMG rifle, whether or not the person is personally armed with an assault weapon, machinegun, or a .50 BMG rifle.\n(b) (1) A person who personally uses a deadly or dangerous weapon in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for one year, unless use of a deadly or dangerous weapon is an element of that offense.\n(2) If the person described in paragraph (1) has been convicted of carjacking or attempted carjacking, the additional term shall be in the state prison for one, two, or three years.\n(3) When a person is found to have personally used a deadly or dangerous weapon in the commission of a felony or attempted felony as provided in this subdivision and the weapon is owned by that person, the court shall order that the weapon be deemed a nuisance and disposed of in the manner provided in Sections 18000 and 18005.\n(c) Notwithstanding the enhancement set forth in subdivision (a), a person who is personally armed with a firearm in the commission of a violation or attempted violation of Section 11351, 11351.5, 11352, 11366.5, 11366.6, 11378, 11378.5, 11379, 11379.5, or 11379.6 of the Health and Safety Code shall be punished by an additional and consecutive term of imprisonment\npursuant to subdivision (h) of Section 1170\nin the state prison\nfor three, four, or five years.\n(d) Notwithstanding the enhancement set forth in subdivision (a), a person who is not personally armed with a firearm who, knowing that another principal is personally armed with a firearm, is a principal in the commission of an offense or attempted offense specified in subdivision (c), shall be punished by an additional and consecutive term of imprisonment pursuant to subdivision (h) of Section 1170 for one, two, or three years.\n(e) For purposes of imposing an enhancement under Section 1170.1, the enhancements under this section shall count as a single enhancement.\n(f) Notwithstanding any other\nprovision of\nlaw, the court may strike the additional punishment for the enhancements provided in subdivision (c) or (d) in an unusual case where the interests of justice would best be served, if the court specifies on the record and enters into the minutes the circumstances indicating that the interests of justice would best be served by that disposition.\nSEC. 3.\nNo reimbursement is required by this act pursuant to Section 6 of Article XIII\u2009B 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\u2009B of the California Constitution.","title":""}
{"_id":"c452","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nThe Legislature finds and declares all of the following:\n(a) State agencies contain great amounts of valuable information and reports on all aspects of life for Californians, including, but not limited to, health, business, public safety, labor data, transportation, parks, and recreation.\n(b) New information technology has fundamentally changed the way people search for, and expect to find, information, and can aggregate large quantities of data to allow the state to provide information to the public with increasing efficiency and thoroughness.\n(c) The state can use these powerful information technology tools to enhance public access to public data, thus making the state more transparent and promoting public trust.\n(d) Ensuring the quality and consistency of public data is essential to maintaining its value and utility.\n(e) It is the intent of the Legislature by this act to establish an open data policy for state agencies to post public data directly onto a central online Internet Web site at data.ca.gov and provide a single-stop access to public data that is owned, controlled, collected, or maintained by state agencies.\nSEC. 2.\nChapter 5.8 (commencing with Section 11549.30) is added to Part 1 of Division 3 of Title 2 of the Government Code, to read:\nCHAPTER  5.8. The California Open Data Act\nArticle  1. General Provisions\n11549.30.\nThis chapter shall be known and may be cited as the California Open Data Act.\n11549.32.\nUnless the context requires otherwise, the following definitions shall apply to this chapter:\n(a) \u201cPublic data\u201d means all data that is collected by a state agency in pursuit of that state agency\u2019s responsibilities that is otherwise subject to disclosure pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1).\n(b) \u201cState agency\u201d has the same meaning as in Section 11000.\n(c) \u201cStrategic enterprise application plan\u201d means a comprehensive program developed by a state agency, articulating both principles and goals related to the application of its services and programs to the current and future needs of enterprise in the state.\n(d) \u201cStrategic plan\u201d means a state agency\u2019s evaluation, over a period of up to five years, of its strategy and direction, including, but not limited to, a framework for decisionmaking with respect to resource allocation to achieve defined goals.\nArticle  2. Chief Data Officer\n11549.34.\nThere is in state government the Chief Data Officer, who shall be appointed by, and serve at the pleasure of, the Governor. The Chief Data Officer shall report to the Secretary of Government Operations.\n11549.36.\n(a) The Chief Data Officer shall create an inventory of all available public data in the state.\n(b) The Chief Data Officer shall establish an Internet Web portal at data.ca.gov to achieve the purposes of this chapter.\nArticle  3. Open Data Standard\n11549.38.\n(a) The Chief Data Officer shall establish the California Open Data Standard for state agencies to make public data available. A local government agency may adopt the standard.\n(b) In establishing the California Open Data Standard pursuant to subdivision (a), the Chief Data Officer shall consult with the subject matter experts from all state agencies, organizations specializing in technology and innovation, the academic community, and other interested groups designated by the Chief Data Officer.\n(c) The California Open Data Standard shall include, but not be limited to, all of the following:\n(1) A format that permits public notification of all updates whenever possible.\n(2) Requirements to update public data as often as is necessary to preserve the integrity and usefulness of public data to the extent that a state agency regularly maintains or updates public data.\n(3) Availability of public data without any registration or license requirement, or restrictions on the use of public data. Registration or license requirements, or restriction on the use of public data do not include measures designed or required to ensure access to public data, protect the Internet Web site housing public data from abuse or attempts to damage or impair the use of the Internet Web site, or analyze the types of public data being accessed to improve service delivery.\n(4) Ability of public data to be electronically searched using external information technology.\n11549.40.\nThe Chief Data Officer may establish policies, standards, and guidelines to implement the California Open Data Standard.\n11549.42.\nOn or before July 1, 2016, the Chief Data Officer shall create a Data Working Group composed of all the following:\n(a) A data coordinator from each agency listed in Section 12800 who shall be appointed by the secretary of the agency.\n(b) Two individuals with expertise in open data information technology, appointed by and who serve at the pleasure of, the Chief Data Officer.\n11549.44.\n(a) (1) On or before March 1, 2016, the Chief Data Officer shall prepare and publish a technical standards manual for publishing public data through the Internet Web portal by state agencies for the purpose of making public data available to the greatest number of users and for the greatest number of applications and shall, whenever practicable, use open standards for Internet Web publishing in a machine-readable format.\n(2) The manual shall identify the policy for each technical standard and specify which types of data the standard applies to, and may recommend or require that public data be published in more than one technical standard. The manual shall include a plan to adopt or utilize an Internet Web application programming interface that permits application programs to request and receive public data directly from the Internet Web portal. The manual and related policies may be updated as necessary.\n(b) The Chief Data Officer shall consult with organizations specializing in technology and innovation, the state agencies listed in Section 12800, academic institutions, and voluntary consensus standards bodies. Whenever feasible, the Chief Data Officer shall consult with these types of entities in the development of technical and open standards.\nArticle  4. Compliance\n11549.46.\n(a) A state agency that releases public data shall do so in compliance with this chapter and on the Internet Web portal that is linked to data.ca.gov or any successor Internet Web site maintained by, or on behalf of, the state for the purposes of this chapter. If a state agency cannot make all public data available on the Internet Web portal, the state agency shall report to the Chief Data Officer all the public data it is unable to make available, state the reasons why it is unable to do so, and the date by which the state agency expects the public data to be made available on the Internet Web portal.\n(b) Public data shall be made available in accordance with technical standards established by the Chief Data Officer.\n(c) On or before July 1, 2016, each state agency shall submit a strategic plan and a strategic enterprise application plan consistent with this chapter to the Chief Data Officer and shall make the plans available to the public on the Internet Web portal at data.ca.gov. Each state agency shall collaborate with the Chief Data Officer in formulating its plans. The strategic plan shall include all of the following:\n(1) A summary description of public data under the control of the state agency on or after January 1, 2016.\n(2) A summary explanation of how its plans, budgets, capital expenditures, contracts, and other related documents and information for each information technology and telecommunications project it proposes to undertake can be utilized to support the California Open Data Standard and related savings and efficiencies. The strategic plan shall prioritize public data for inclusion on the Internet Web portal on or before January 1, 2017, in accordance with the standards established by the Chief Data Officer. For purposes of prioritizing public data, a state agency shall consider whether public data does any of the following:\n(i) Increases agency accountability and responsiveness.\n(ii) Improves public knowledge of the state agency and its operations.\n(iii) Furthers the mission of the state agency.\n(iv) Creates economic opportunity.\n(v) Responds to an online demand for the public data.\n(vi) Responds to a need or demand identified by public consultation.\nArticle  5. Legal Policies\n11549.48.\n(a) The Chief Data Officer shall post the legal policies for the California Open Data Standard on the Internet Web portal.\n(b) The Chief Data Officer may establish and maintain an online forum to solicit feedback from the public and to encourage discussion on the California Open Data Standard and public data available on the Internet Web portal.\n(c) Use of the public data provided pursuant to this chapter shall be subject to all of the following legal policies:\n(1) Public data available on the Internet Web portal are provided for informational purposes only. The state does not warrant the completeness, accuracy, content, or fitness for any particular purpose or use of any public data made available on the Internet Web portal, nor are any warranties to be implied or inferred with respect to the public data furnished pursuant to this chapter.\n(2) The state is not liable for any deficiencies in the completeness, accuracy, content, or fitness for any particular purpose or use of any public data or any third-party application utilizing a public data.\n(3) All public data shall be entirely in the public domain for purposes of applicable copyright laws.\nSECTION 1.\nIt is the intent of the Legislature to enact legislation to strengthen the state\u2019s commitment to an open and transparent government.","title":""}
{"_id":"c209","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 19911 of the Business and Professions Code is amended to read:\n19911.\nNo\n(a) A\nperson under\nthe age of\n21 years\nof age\nshall\nnot\nbe eligible for a work permit and\nno\na\npermit shall\nnot\nbe issued to a person under\nthe age of 21 years.\n21 years of age.\n(b) A person between 18 and 21 years of age may be employed to work in a gambling establishment, provided that he or she shall not work as a dealer, floor personnel, or any other employment classification that exclusively involves working on the floor of the gambling establishment. A person between 18 and 21 years of age may be employed in job classifications that entail providing services on and off the gaming floor that are not involved in play of any controlled game.\nSEC. 2.\nSection 19921 of the Business and Professions Code is amended to read:\n19921.\n(a)\nNo\nA\nperson under 21 years of age shall\nnot\nbe permitted to enter upon the premises of a licensed gambling establishment, or any part thereof, except the following:\n(1) An area, physically separated from any gambling area, for the exclusive purpose of dining. For purposes of this subdivision, any place wherein food or beverages are dispensed primarily by vending machines shall not constitute a place for dining.\n(2) Restrooms.\n(3) A supervised room that is physically separated from any gambling area and used primarily for the purpose of entertainment or recreation.\n(4) A designated pathway to reach any of the areas described in paragraphs (1) to (3), inclusive. To the extent that the designated pathway requires an individual to enter upon or pass through the gaming floor, all persons under 21 years of age shall be accompanied by a person over 21 years of age or be in the presence of a gambling establishment employee over 21 years of age.\n(5) In accordance with subdivision (b) of Section 19911.\n(b)\nNo\nA\nperson under 21 years of age shall\nnot\nbe permitted to loiter in a gaming area.\nSECTION 1.\nSection 17539.1 of the\nBusiness and Professions Code\nis amended to read:\n17539.1.\n(a)The following unfair acts or practices undertaken by, or omissions of, any person in the operation of any contest or sweepstakes are prohibited:\n(1)Failing to clearly and conspicuously disclose, at the time of the initial contest solicitation, at the time of each precontest promotional solicitation, and each time the payment of money is required to become or to remain a contestant, the total number of contestants anticipated based on prior experience and the percentages of contestants correctly solving each puzzle used in the three most recently completed contests conducted by the person. If the person has not operated or promoted three contests he or she shall disclose for each prior contest, if any, the information required by this section.\n(2)Failing to promptly send to each member of the public, upon his or her request, the actual number and percentage of contestants correctly solving each puzzle or game in the contest most recently completed.\n(3)Misrepresenting in any manner the odds of winning any prize.\n(4)Misrepresenting in any manner, the rules, terms, or conditions of participation in a contest.\n(5)Failing to clearly and conspicuously disclose with all contest puzzles and games and with all promotional puzzles and games all of the following:\n(A)The maximum number of puzzles or games that may be necessary to complete the contest and determine winners.\n(B)The maximum amount of money, including the maximum cost of any postage and handling fees, that a participant may be asked to pay to win each of the contest prizes then offered.\n(C)That future puzzles or games, if any, or tie breakers, if any, will be significantly more difficult than the initial puzzle.\n(D)The date or dates on or before which the contest will terminate and upon which all prizes will be awarded.\n(E)The method of determining prizewinners if a tie remains after the last tie breaker puzzle is completed.\n(F)All rules, regulations, terms, and conditions of the contest.\n(6)Failing to clearly and conspicuously disclose the exact nature and approximate value of the prizes when offered.\n(7)Failing to award and distribute all prizes of the value and type represented.\n(8)Representing directly or by implication that the number of participants has been significantly limited, or that any particular person has been selected to win a prize unless such is the fact.\n(9)Representing directly or by implication that any particular person has won any money, prize, thing, or other value in a contest unless there has been a real contest in which a meaningful percentage, which shall be at least a majority, of the participants in such contests have failed to win a prize, money, thing, or other value.\n(10)Representing directly or by implication that any particular person has won any money, prize, thing, or other value without disclosing the exact nature and approximate value thereof.\n(11)Using the word \u201clucky\u201d to describe any number, ticket, coupon, symbol, or other entry, or representing in any other manner directly or by implication that any number, ticket, coupon, symbol, or other entry confers or will confer an advantage upon the recipient that other recipients will not have, that the recipient is more likely to win a prize than are others, or that the number, ticket, coupon, symbol, or other entry has some value that other entries do not have.\n(12)Using or offering for use any method intended to be used by a person interacting with an electronic video monitor to simulate gambling or play gambling-themed games in a business establishment that (A) directly or indirectly implements the predetermination of sweepstakes cash, cash-equivalent prizes, or other prizes of value, or (B) otherwise connects a sweepstakes player or participant with sweepstakes cash, cash-equivalent prizes, or other prizes of value. For the purposes of this paragraph, \u201cbusiness establishment\u201d means a business that has any financial interest in the conduct of the sweepstakes or the sale of the products or services being promoted by the sweepstakes at its physical location. This paragraph does not make unlawful game promotions or sweepstakes conducted by for-profit commercial entities on a limited and occasional basis as an advertising and marketing tool that are incidental to substantial bona fide sales of consumer products or services and that are not intended to provide a vehicle for the establishment of places of ongoing gambling or gaming.\n(13)Failing to obtain the express written or oral consent of individuals before their names are used for a promotional purpose in connection with a mailing to a third person.\n(14)Using or distributing simulated checks, currency, or any simulated item of value unless there is clearly and conspicuously printed thereon the words: SPECIMEN\u2014NONNEGOTIABLE.\n(15)Representing, directly or by implication, orally or in writing, that any tie breaker puzzle may be entered upon the payment of money qualifying the contestant for an extra cash or any other type of prize or prizes unless:\n(A)It is clearly and conspicuously disclosed that the payments are optional and that contestants are not required to pay money, except for reasonable postage and handling fees, to play for an extra cash or any other type of prize or prizes; and\n(B)Contestants are clearly and conspicuously given the opportunity to indicate they wish to enter such phase of the contest for free, except for reasonable postage and handling fees the amount of which shall not exceed one dollar and fifty cents ($1.50) plus the actual cost of postage and which shall be clearly and conspicuously disclosed at the time of the initial contest solicitation and each time thereafter that the payment of such fees is required. The contestants\u2019 opportunity to indicate they wish to enter for free shall be in immediate conjunction with and in a like manner as the contestants\u2019 opportunity to indicate they wish to play for an extra prize.\n(b)For the purposes of this section, \u201csweepstakes\u201d means a procedure, activity, or event, for the distribution, donation, or sale of anything of value by lot, chance, predetermined selection, or random selection that is not unlawful under other provisions of law, including, but not limited to, Chapter 9 (commencing with Section 319) and Chapter 10 (commencing with Section 330) of Title 9 of Part 1 of the Penal Code.\n(c)This section does not apply to an advertising plan or program that is regulated by, and complies with, the requirements of Section 17537.1.\n(d)Nothing in this section shall be deemed to render lawful any activity that is unlawful pursuant to other law, including, but not limited to, Section 320, 330a, 330b, 330.1, or 337j of the Penal Code.\n(e)Nothing in this section shall be deemed to render unlawful or restrict otherwise lawful games, technologies, software, and methods used by a gambling enterprise licensed under the Gambling Control Act or operations of the California State Lottery.","title":""}
{"_id":"c205","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 19605 of the Business and Professions Code is amended to read:\n19605.\n(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.\n(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.\n(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.\n(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).\nSEC.\n2\n.\nSection 19620.2 of the Business and Professions Code is amended to read:\n19620.2.\n(a)\nAny\nNotwithstanding any other law, any\nunallocated balance from\nSection 19620.1\nSections 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\nis 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.\n(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.\nSEC.\n3\n.\nSection 3200 of the Food and Agricultural Code is amended to read:\n3200.\nNotwithstanding any other\nprovision of\nlaw, all funds appropriated\nor designated\nfor California fairs and expositions pursuant to\nSections 19622, 19627, 19627.1, and subdivision (c) of Section 19627.2 of the Business and Professions Code for the 1995\u201396 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.\nthis 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.","title":""}
{"_id":"c413","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 94874 of the Education Code is amended to read:\n94874.\nExcept as provided in Section 94874.2, the following are exempt from this chapter:\n(a) An institution that offers solely avocational or recreational educational programs.\n(b) (1) An institution offering educational programs sponsored by a bona fide trade, business, professional, or fraternal organization, solely for that organization\u2019s membership.\n(2) (A) Except as provided in subparagraph (B), a bona fide organization, association, or council that offers preapprenticeship training programs, on behalf of one or more Division of Apprenticeship Standards-approved labor-management apprenticeship programs that satisfies one of the following conditions:\n(i) It is not on the Eligible Training Provider List established and maintained by the California Workforce Investment Board but has met the requirements for placement on the list.\n(ii) It is on the Eligible Training Provider List established and maintained by the California Workforce Investment Board and meets the requirements for continued listing.\n(B) If an organization, association, or council has been removed from the Eligible Training Provider List established and maintained by the California Workforce Investment Board for failure to meet performance standards, it is not exempt until it meets all applicable performance standards.\n(c) A postsecondary educational institution established, operated, and governed by the federal government or by this state or its political subdivisions.\n(d) An institution offering either of the following:\n(1) Test preparation for examinations required for admission to a postsecondary educational institution.\n(2) Continuing education or license examination preparation, if the institution or the program is approved, certified, or sponsored by any of the following:\n(A) A government agency, other than the bureau, that licenses persons in a particular profession, occupation, trade, or career field.\n(B) A state-recognized professional licensing body, such as the State Bar of California, that licenses persons in a particular profession, occupation, trade, or career field.\n(C) A bona fide trade, business, or professional organization.\n(e) (1) An institution owned, controlled, and operated and maintained by a religious organization lawfully operating as a nonprofit religious corporation pursuant to Part 4 (commencing with Section 9110) of Division 2 of Title 1 of the Corporations Code, that meets all of the following requirements:\n(A) The instruction is limited to the principles of that religious organization, or to courses offered pursuant to Section 2789 of Business and Professions Code.\n(B) The diploma or degree is limited to evidence of completion of that education.\n(2) An institution operating under this subdivision shall offer degrees and diplomas only in the beliefs and practices of the church, religious denomination, or religious organization.\n(3) An institution operating under this subdivision shall not award degrees in any area of physical science.\n(4) Any degree or diploma granted under this subdivision shall contain on its face, in the written description of the title of the degree being conferred, a reference to the theological or religious aspect of the degree\u2019s subject area.\n(5) A degree awarded under this subdivision shall reflect the nature of the degree title, such as \u201cassociate of religious studies,\u201d \u201cbachelor of religious studies,\u201d \u201cmaster of divinity,\u201d or \u201cdoctor of divinity.\u201d\n(f) An institution that does not award degrees and that solely provides educational programs for total charges of two thousand five hundred dollars ($2,500) or less when no part of the total charges is paid from state or federal student financial aid programs. The bureau may adjust this cost threshold based upon the California Consumer Price Index and post notification of the adjusted cost threshold on its Internet Web site, as the bureau determines, through the promulgation of regulations, that the adjustment is consistent with the intent of this chapter.\n(g) A law school that is accredited by the Council of the Section of Legal Education and Admissions to the Bar of the American Bar Association or a law school or law study program that is subject to the approval, regulation, and oversight of the Committee of Bar Examiners, pursuant to Sections 6046.7 and 6060.7 of the Business and Professions Code.\n(h) A nonprofit public benefit corporation that satisfies all of the following criteria:\n(1) Is qualified under Section 501(c)(3) of the United States Internal Revenue Code.\n(2) Is organized specifically to provide workforce development or rehabilitation services.\n(3) Is accredited by an accrediting organization for workforce development or rehabilitation services recognized by the Department of Rehabilitation.\n(i) An institution that is accredited by the Accrediting Commission for Senior Colleges and Universities, Western Association of Schools and Colleges, or the Accrediting Commission for Community and Junior Colleges, Western Association of Schools and Colleges.\n(j) An institution that satisfies all of the following criteria:\n(1) The institution has been accredited, for at least 10 years, by an accrediting agency that is recognized by the United States Department of Education.\n(2) The institution has operated continuously in this state for at least 25 years.\n(3) During its existence, the institution has not filed for bankruptcy protection pursuant to Title 11 of the United States Code.\n(4) The institution\u2019s cohort default rate on guaranteed student loans does not exceed 10 percent for the most recent three years, as published by the United States Department of Education.\n(5) The institution maintains a composite score of 1.5 or greater on its equity, primary reserve, and net income ratios, as provided under Section 668.172 of Title 34 of the Code of Federal Regulations.\n(6) The institution provides a pro rata refund of unearned institutional charges to students who complete 75 percent or less of the period of attendance.\n(7) The institution provides to all students the right to cancel the enrollment agreement and obtain a refund of charges paid through attendance at the second class session, or the 14th day after enrollment, whichever is later.\n(8) The institution submits to the bureau copies of its most recent IRS Form 990, the institution\u2019s Integrated Postsecondary Education Data System Report of the United States Department of Education, and its accumulated default rate.\n(9) The institution is incorporated and lawfully operates as a nonprofit public benefit corporation pursuant to Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code and is not managed or administered by an entity for profit.\n(k) Flight instruction providers or programs that provide flight instruction pursuant to Federal Aviation Administration regulations and meet both of the following criteria:\n(1) The flight instruction provider or program does not require students to enter into written or oral contracts of indebtedness.\n(2) The flight instruction provider or program does not require or accept prepayment of instruction-related costs in excess of two thousand five hundred dollars ($2,500).","title":""}
{"_id":"c327","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 50408 of the Health and Safety Code is amended to read:\n50408.\n(a) On or before December 31 of each year, the department shall submit an annual report to the Governor and both houses of the Legislature on the operations and accomplishments during the previous fiscal year of the housing programs administered by the department, including, but not limited to, the Emergency Housing and Assistance Program and Community Development Block Grant activity.\n(b) The report shall include all of the following information:\n(1) The number of units assisted by those programs.\n(2) The number of individuals and households served and their income levels.\n(3) The distribution of units among various areas of the state.\n(4) The amount of other public and private funds leveraged by the assistance provided by those programs.\n(5) Information detailing the assistance provided to various groups of persons by programs that are targeted to assist those groups.\n(6) The information required to be reported pursuant to Section 17031.8.\n(7) An evaluation, in collaboration with the Department of Veterans Affairs, of any program established by the department pursuant to Article 3.2 (commencing with Section 987.001) of Chapter 6 of Division 4 of the Military and Veterans Code.\n(8) An evaluation of any program established by the department to meet the legal requirements of the Federal Housing Trust Fund program guidelines.\nSEC. 1.5.\nSection 50408 of the Health and Safety Code is amended to read:\n50408.\n(a)  On or before December 31 of each year, the department shall submit an annual report to the Governor and both houses of the Legislature on the operations and accomplishments during the previous fiscal year of the housing programs administered by the department, including, but not limited to, the Emergency Housing and Assistance Program and Community Development Block Grant activity.\n(b)  The report shall include all of the following information:\n(1)  The number of units assisted by those programs.\n(2)  The number of individuals and households served and their income levels.\n(3)  The distribution of units among various areas of the state.\n(4)  The amount of other public and private funds leveraged by the assistance provided by those programs.\n(5)  Information detailing the assistance provided to various groups of persons by programs that are targeted to assist those groups.\n(6)  The information required to be reported pursuant to Section 17031.8.\n(7) (A) An evaluation, in collaboration with the Department of Veterans Affairs, of any program established by the department pursuant to Article 3.2 (commencing with Section 987.001) of Chapter 6 of Division 4 of the Military and Veterans Code, including information relating to the effectiveness of assisted projects in helping veterans occupying any supportive housing or transitional housing development that was issued funds pursuant to that article.\n(B) The evaluation shall inclspecific information including, but not limited to, disability ratings, type of discharge, branch, era of service, and veterans affairs health care eligibility.\n(8) An evaluation of any program established by the department to meet the legal requirements of the Federal Housing Trust Fund program guidelines.\nSEC. 2.\nChapter 6.8 (commencing with Section 50676) is added to Part 2 of Division 31 of the Health and Safety Code, to read:\nCHAPTER  6.8. Federal Housing Trust Fund\n50676.\n(a) The department is hereby designated as the state agency responsible for administering funds received by the state from the federal Housing Trust Fund pursuant to the Housing and Economic Recovery Act of 2008 (Public Law 110-289), and implementing federal regulations.\n(b) The department shall administer the funds through any existing or newly created programs that produce, preserve, rehabilitate, or support the operation of rental housing for extremely low income and very low income households, except that up to 10 percent of funding may be used to support home ownership for extremely low income and very low income households. Any rental project funded from the federal Housing Trust Fund shall restrict affordability for 55 years through a recorded and enforceable affordability covenant. Any home ownership program funded from the federal Housing Trust Fund shall restrict affordability for 30 years through either a recorded and enforceable affordability covenant or a recorded and enforceable equity recapture agreement.\n(c) The department shall collaborate with the California Housing Finance Agency to develop an allocation plan to demonstrate how the funds shall be distributed, based on the priority housing needs identified in the state\u2019s consolidated plan prepared in accordance with Part 91 (commencing with Section 91.1) of Subtitle A of Title 24 of the Code of Federal Regulations. The department shall submit the plan to the Assembly Committee on Housing and Community Development and the Senate Transportation and Housing Committee 30 days after receipt of the federal funds.\n(d) The allocation plan and guidelines shall give priority to projects based on:\n(1) Geographic diversity.\n(2) The extent to which rents are affordable, especially to extremely low income households.\n(3) The merits of a project.\n(4) Applicants readiness.\n(5) The extent to which projects will use nonfederal funds.\n50676.1.\n(a) The departments shall convene a stakeholder process to inform the development of the allocation plan. Stakeholders represented shall include, but not be limited to, organizations that provide rental housing for extremely low income households and very low income households or assist extremely low income households and very low income households to become homeowners.\n(b) The department may adopt, amend, or repeal guidelines to implement this chapter. Any guidelines adopted to implement this chapter shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.\nSEC. 3.\nSection 1.5 of this bill incorporates amendments to Section 50408 of the Health and Safety Code proposed by both this bill and Assembly Bill 388. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 50408 of the Health and Safety Code, and (3) this bill is enacted after Assembly Bill 388, in which case Section 1 of this bill shall not become operative.","title":""}
{"_id":"c180","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 17400 of the Education Code is amended to read:\n17400.\n(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.\n(b) As used in this article, the following terms have the following meanings:\n(1) \u201cBest value\u201d 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.\n(2) \u201cBest value score\u201d means the total score awarded to a proposer for all scored evaluation factors.\n(3) \u201cBuilding\u201d includes each of the following:\n(A) One or more buildings located or to be located on one or more sites.\n(B) The remodeling of any building located on a site to be leased pursuant to this article.\n(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.\n(D) The permanent improvement of school grounds.\n(4) \u201cPreconstruction services\u201d 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.\n(5) \u201cSite\u201d includes one or more sites, and also may include any building or buildings located or to be located on a site.\nSEC. 2.\nSection 17406 of the Education Code, as amended by Section 1 of Chapter 214 of the Statutes of 2015, is amended to read:\n17406.\n(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.\n(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\u2019s 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:\n(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.\n(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.\n(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).\n(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\u2019s discretion, either a lump-sum price for the instrument to be awarded or the proposer\u2019s proposed fee to perform the services requested, including the proposer\u2019s 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.\n(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.\n(F) Proposals shall be evaluated and the instrument awarded under this section in the following manner:\n(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.\n(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.\n(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.\n(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.\n(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\u2019s contract award and the contract file shall provide sufficient information to satisfy an external audit.\n(G) The governing board of the school district, at its discretion, may reject all proposals and request new proposals.\n(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\u2019 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.\n(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).\n(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:\n(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.\n(ii) Establish reasonable qualification criteria and standards.\n(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).\n(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.\n(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\u2019 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.\n(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.\n(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.\n(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:\n(A) The contractor proceeded with construction, alteration, repair, or improvement based upon a good faith belief that the instrument was valid.\n(B) The school district has reasonably determined that the work performed is satisfactory.\n(C) Contractor fraud did not occur in the obtaining or performance of the instrument.\n(D) The instrument does not otherwise violate state law related to the construction or leasing of public works of improvement.\n(2) In no event shall payment to the contractor pursuant to this section exceed either of the following:\n(A) The contractor\u2019s costs as included in the instrument plus the cost of any approved change orders.\n(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.\n(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.\n(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.\nSEC. 3.\nSection 17406 of the Education Code, as added by Section 2 of Chapter 408 of the Statutes of 2014, is amended to read:\n17406.\n(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.\n(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.\n(c) This section shall become operative on July 1, 2022.","title":""}
{"_id":"c263","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 2833 of the Public Utilities Code is amended to read:\n2833.\n(a) The commission shall require a green tariff shared renewables program to be administered by a participating utility in accordance with this section.\n(b) Generating facilities participating in a participating utility\u2019s green tariff shared renewables program shall be eligible renewable energy resources with a nameplate rated generating capacity not exceeding 20 megawatts, except for those generating facilities reserved for location in areas identified by the California Environmental Protection Agency as the most impacted and disadvantaged communities pursuant to paragraph (1) of subdivision (d), which shall not exceed one megawatt nameplate rated generating capacity.\n(c) A participating utility shall use commission-approved tools and mechanisms to procure additional eligible renewable energy resources for the green tariff shared renewables program from electrical generation facilities that are in addition to those required by the California Renewables Portfolio Standard Program (Article 16 (commencing with Section 399.11) of Chapter 2.3 of Part 1). For purposes of this subdivision, \u201ccommission-approved tools and mechanisms\u201d means those procurement methods approved by the commission for an electrical corporation to procure eligible renewable energy resources for purposes of meeting the procurement requirements of the California Renewables Portfolio Standard Program (Article 16 (commencing with Section 399.11) of Chapter 2.3 of Part 1).\n(d) A participating utility shall permit customers within the service territory of the utility to purchase electricity pursuant to the tariff approved by the commission to implement the utility\u2019s green tariff shared renewables program, until the utility meets its proportionate share of a statewide limitation of 600 megawatts of customer participation, measured by nameplate rated generating capacity. The proportionate share shall be calculated based on the ratio of each participating utility\u2019s retail sales to total retail sales of electricity by all participating utilities. The commission may place other restrictions on purchases under a green tariff shared renewables program, including restricting participation to a certain level of capacity each year. The following restrictions shall apply to the statewide 600 megawatt limitation:\n(1) (A) One hundred megawatts shall be reserved for facilities that are no larger than one megawatt nameplate rated generating capacity and that are located in areas previously identified by the California Environmental Protection Agency as the most impacted and disadvantaged communities. These communities shall be identified by census tract, and shall be determined to be the most impacted 20 percent based on results from the best available cumulative impact screening methodology designed to identify each of the following:\n(i) Areas disproportionately affected by environmental pollution and other hazards that can lead to negative public health effects, exposure, or environmental degradation.\n(ii) Areas with socioeconomic vulnerability.\n(B) (1) For purposes of this paragraph, \u201cpreviously identified\u201d means identified prior to commencing construction of the facility.\n(2) Not less than 100 megawatts shall be reserved for participation by residential class customers.\n(3) Twenty megawatts shall be reserved for the City of Davis.\n(e) To the extent possible, a participating utility shall seek to procure eligible renewable energy resources that are located in reasonable proximity to enrolled participants.\n(f) A participating utility\u2019s green tariff shared renewables program shall support diverse procurement and the goals of commission General Order 156.\n(g) A participating utility\u2019s green tariff shared renewables program shall not allow a customer to subscribe to more than 100 percent of the customer\u2019s electricity demand.\n(h) Except as authorized by this subdivision, a participating utility\u2019s green tariff shared renewables program shall not allow a customer to subscribe to more than two megawatts of nameplate generating capacity. This limitation does not apply to a federal, state, or local government, school or school district, county office of education, the California Community Colleges, the California State University, or the University of California.\n(i) A participating utility\u2019s green tariff shared renewables program shall not allow any single entity or its affiliates or subsidiaries to subscribe to more than 20 percent of any single calendar year\u2019s total cumulative rated generating capacity.\n(j) To the extent possible, a participating utility shall actively market the utility\u2019s green tariff shared renewables program to low-income and minority communities and customers.\n(k) Participating customers shall receive bill credits for the generation of a participating eligible renewable energy resource using the class average retail generation cost as established in the participating utility\u2019s approved tariff for the class to which the participating customer belongs, plus a renewables adjustment value representing the difference between the time-of-delivery profile of the eligible renewable energy resource used to serve the participating customer and the class average time-of-delivery profile and the resource adequacy value, if any, of the resource contained in the utility\u2019s green tariff shared renewables program. The renewables adjustment value applicable to a time-of-delivery profile of an eligible renewable energy resource shall be determined according to rules adopted by the commission. For these purposes, \u201ctime-of-delivery profile\u201d refers to the daily generating pattern of a participating eligible renewable energy resource over time, the value of which is determined by comparing the generating pattern of that participating eligible renewable energy resource to the demand for electricity over time and other generating resources available to serve that demand.\n(l) Participating customers shall pay a renewable generation rate established by the commission, the administrative costs of the participating utility, and any other charges the commission determines are just and reasonable to fully cover the cost of procuring a green tariff shared renewables program\u2019s resources to serve a participating customer\u2019s needs.\n(m) A participating customer\u2019s rates shall be debited or credited with any other commission-approved costs or values applicable to the eligible renewable energy resources contained in a participating utility\u2019s green tariff shared renewables program\u2019s portfolio. These additional costs or values shall be applied to new customers when they initially subscribe after the cost or value has been approved by the commission.\n(n) Participating customers shall pay all otherwise applicable charges without modification.\n(o) A participating utility shall permit a participating customer to subscribe to the program and be provided with a nonbinding estimate of reasonably anticipated bill credits and bill charges, as determined by the commission, for a period of up to 20 years.\n(p) A participating utility shall provide support for enhanced community renewables programs to facilitate development of eligible renewable energy resource projects located close to the source of demand.\n(q) The commission shall ensure that charges and credits associated with a participating utility\u2019s green tariff shared renewables program are set in a manner that ensures nonparticipant ratepayer indifference for the remaining bundled service, direct access, and community choice aggregation customers and ensures that no costs are shifted from participating customers to nonparticipating ratepayers.\n(r) A participating utility shall track and account for all revenues and costs to ensure that the utility recovers the actual costs of the utility\u2019s green tariff shared renewables program and that all costs and revenues are fully transparent and auditable.\n(s) Any renewable energy credits associated with electricity procured by a participating utility for the utility\u2019s green tariff shared renewables program and utilized by a participating customer shall be retired by the participating utility on behalf of the participating customer. Those renewable energy credits shall not be further sold, transferred, or otherwise monetized for any purpose. Any renewable energy credits associated with electricity procured by a participating utility for the shared renewable energy self-generation program, but not utilized by a participating customer, shall be counted toward meeting that participating utility\u2019s renewables portfolio standard.\n(t) A participating utility shall, in the event of participant customer attrition or other causes that reduce customer participation or electrical demand below generation levels, apply the excess generation from the eligible renewable energy resources procured through the utility\u2019s green tariff shared renewables program to the utility\u2019s renewable portfolio standard procurement obligations or bank the excess generation for future use to benefit all customers in accordance with the renewables portfolio standard banking and procurement rules approved by the commission.\n(u) In calculating its procurement requirements to meet the requirements of the California Renewables Portfolio Standard Program (Article 16 (commencing with Section 399.11) of Chapter 2.3 of Part 1), a participating utility may exclude from total retail sales the kilowatthours generated by an eligible renewable energy resource that is credited to a participating customer pursuant to the utility\u2019s green tariff shared renewables program, commencing with the point in time at which the generating facility achieves commercial operation.\n(v) All renewable energy resources procured on behalf of participating customers in the participating utility\u2019s green tariff shared renewables program shall comply with the State Air Resources Board\u2019s Voluntary Renewable Electricity Program. California-eligible greenhouse gas allowances associated with these purchases shall be retired on behalf of participating customers as part of the board\u2019s Voluntary Renewable Electricity Program.\n(w) A participating utility shall provide a municipality with aggregated consumption data for participating customers within the municipality\u2019s jurisdiction to allow for reporting on progress toward climate action goals by the municipality. A participating utility shall also publicly disclose, on a geographic basis, consumption data and reductions in emissions of greenhouse gases achieved by participating customers in the utility\u2019s green tariff shared renewables program, on an aggregated basis consistent with privacy protections as specified in Chapter 5 (commencing with Section 8380) of Division 4.1.\n(x) Nothing in this section prohibits or restricts a community choice aggregator from offering its own voluntary renewable energy programs to participating customers of the community choice aggregation.\nSEC. 2.\nNo reimbursement is required by this act pursuant to Section 6 of Article XIII\u2009B 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\u2009B of the California Constitution.","title":""}
{"_id":"c328","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 5096.21 of the Business and Professions Code is amended to read:\n5096.21.\n(a) (1) On and after January 1, 2016, if the board determines, through a majority vote of the board at a regularly scheduled meeting, that allowing individuals from a particular state to practice in this state pursuant to a practice privilege as described in Section 5096, violates the board\u2019s duty to protect the public, pursuant to Section 5000.1, the board shall require, by regulation, out-of-state individuals licensed from that state, as a condition to exercising a practice privilege in this state, to file the notification form and pay the applicable fees as required by former Section 5096, as added by Chapter 921 of the Statutes of 2004, and regulations adopted thereunder.\n(2) The board may adopt emergency regulations, in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), to implement this subdivision. The adoption of the regulations shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare for purposes of Sections 11346.1 and 11349.6 of the Government Code.\n(b) The board shall, at minimum, consider the following factors in making the determination required by subdivision (a):\n(1) Whether the state timely and adequately addresses enforcement referrals made by the board to the accountancy regulatory board of that state, or otherwise fails to respond to requests the board deems necessary to meet its obligations under this article.\n(2) Whether the state makes the disciplinary history of its licensees publicly available through the Internet in a manner that allows the board to adequately link consumers to an Internet Web site to obtain information that was previously made available to consumers about individuals from the state prior to January 1, 2013, through the notification form.\n(3) Whether the state imposes discipline against licensees that is appropriate in light of the nature of the alleged misconduct.\n(c) Notwithstanding subdivision (a), if (1) the National Association of State Boards of Accountancy (NASBA) adopts enforcement best practices guidelines, (2) the board, upon a majority vote at a regularly scheduled board meeting, issues a finding after a public hearing that those practices meet or exceed the board\u2019s own enforcement practices, (3) a state has in place and is operating pursuant to enforcement practices substantially equivalent to the best practices guidelines, and (4) disciplinary history of a state\u2019s licensees is publicly available through the Internet in a manner that allows the board to link consumers to an Internet Web site to obtain information at least equal to the information that was previously available to consumers through the practice privilege form filed by out-of-state licensees pursuant to former Section 5096, as added by Chapter 921 of the Statutes of 2004, no practice privilege form shall be required to be filed by any licensee of that state as required by subdivision (a), nor shall the board be required to report on that state to the Legislature as required by subdivision (d).\n(d) (1) The board shall report to the relevant policy committees of the Legislature, the director, and the public, upon request, preliminary determinations made pursuant to this section no later than July 1, 2015. The board shall, prior to January 1, 2016, and thereafter as it deems appropriate, review its determinations made pursuant to subdivision (b) to ensure that it is in compliance with this section.\n(2) This subdivision shall become inoperative on July 1, 2017, pursuant to Section 10231.5 of the Government Code.\n(e) On or before July 1, 2014, the board shall convene a stakeholder group consisting of members of the board, board enforcement staff, and representatives of the accounting profession and consumer representatives to consider whether the provisions of this article are consistent with the board\u2019s duty to protect the public consistent with Section 5000.1, and whether the provisions of this article satisfy the objectives of stakeholders of the accounting profession in this state, including consumers. The group, at its first meeting, shall adopt policies and procedures relative to how it will conduct its business, including, but not limited to, policies and procedures addressing periodic reporting of its findings to the board.\n(f) On or before January 1, 2018, the board shall prepare a report to be provided to the relevant policy committees of the Legislature, the director, and the public, upon request, that, at minimum, explains in detail all of the following:\n(1) How the board has implemented this article and whether implementation is complete.\n(2) Whether this article is, in the opinion of the board, more, less, or equivalent in the protection it affords the public than its predecessor article.\n(3) Describes how other state boards of accountancy have addressed referrals to those boards from the board, the timeframe in which those referrals were addressed, and the outcome of investigations conducted by those boards.\n(g) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.","title":""}
{"_id":"c90","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 11302 of the Business and Professions Code is amended to read:\n11302.\nFor the purpose of applying this part, the following terms, unless otherwise expressly indicated, shall mean and have the following definitions:\n(a) \u201cDepartment\u201d means the Department of Consumer Affairs.\n(b) \u201cAppraisal\u201d means a written statement independently and impartially prepared by a qualified appraiser setting forth an opinion in a federally related transaction as to the market value of an adequately described property as of a specific date, supported by the presentation and analysis of relevant market information.\nThe term \u201cappraisal\u201d does not include an opinion given by a real estate licensee or engineer or land surveyor in the ordinary course of his or her business in connection with a function for which a license is required under Chapter 7 (commencing with Section 6700) or Chapter 15 (commencing with Section 8700) of Division 3, or Chapter 3 (commencing with Section 10130) or Chapter 7 (commencing with Section 10500) and the opinion shall not be referred to as an appraisal. This part does not apply to a probate referee acting pursuant to Sections 400 to 408, inclusive, of the Probate Code unless the appraised transaction is federally related.\n(c) \u201cAppraisal Foundation\u201d means the Appraisal Foundation that was incorporated as an Illinois not-for-profit corporation on November 30, 1987.\n(d) (1) \u201cAppraisal management company\u201d means any person or entity that satisfies all of the following conditions:\n(A) Maintains an approved list or lists, containing 11 or more independent contractor appraisers licensed or certified pursuant to this part, or employs 11 or more appraisers licensed or certified pursuant to this part.\n(B) Receives requests for appraisals from one or more clients.\n(C) For a fee paid by one or more of its clients, delegates appraisal assignments for completion by its independent contractor or employee appraisers.\n(2) \u201cAppraisal management company\u201d does not include any of the following, when that person or entity directly contracts with an independent appraiser:\n(A) Any bank, credit union, trust company, savings and loan association, or industrial loan company doing business under the authority of, or in accordance with, a license, certificate, or charter issued by the United States or any state, district, territory, or commonwealth of the United States that is authorized to transact business in this state.\n(B) Any finance lender or finance broker licensed pursuant to Division 9 (commencing with Section 22000) of the Financial Code, when acting under the authority of that license.\n(C) Any residential mortgage lender or residential mortgage servicer licensed pursuant to Division 20 (commencing with Section 50000) of the Financial Code, when acting under the authority of that license.\n(D) Any real estate broker licensed pursuant to Part 1 (commencing with Section 10000) of Division 4 of the Business and Professions Code, when acting under the authority of that license.\n(3) \u201cAppraisal management company\u201d does not include any person licensed to practice law in this state who is working with or on behalf of a client of that person in connection with one or more appraisals for that client.\n(e) \u201cAppraisal Subcommittee\u201d means the Appraisal Subcommittee of the Federal Financial Institutions Examination Council.\n(f) \u201cControlling person\u201d means one or more of the following:\n(1) An officer or director of an appraisal management company, or an individual who holds a 10 percent or greater ownership interest in an appraisal management company.\n(2) An individual employed, appointed, or authorized by an appraisal management company that has the authority to enter into a contractual relationship with clients for the performance of appraisal services and that has the authority to enter into agreements with independent appraisers for the completion of appraisals.\n(3) An individual who possesses the power to direct or cause the direction of the management or policies of an appraisal management company.\n(g) \u201cDirector\u201d or \u201cchief\u201d means the Chief of the Bureau of Real Estate Appraisers.\n(h) \u201cFederal financial institutions regulatory agency\u201d means the Federal Reserve Board, Federal Deposit Insurance Corporation, Office of the Comptroller of the Currency, Federal Home Loan Bank System, National Credit Union Administration, Consumer Financial Protection Bureau, and any other agency determined by the director to have jurisdiction over transactions subject to this part.\n(i) \u201cFederally related real estate appraisal activity\u201d means the act or process of making or performing an appraisal on real estate or real property in a federally related transaction and preparing an appraisal as a result of that activity.\n(j) \u201cFederally related transaction\u201d means any real estate-related financial transaction which a federal financial institutions regulatory agency engages in, contracts for or regulates and which requires the services of a state licensed real estate appraiser regulated by this part. This term also includes any transaction identified as such by a federal financial institutions regulatory agency.\n(k) \u201cLicense\u201d means any license, certificate, permit, registration, or other means issued by the bureau authorizing the person to whom it is issued to act pursuant to this part within this state.\n(l) \u201cLicensure\u201d means the procedures and requirements a person shall comply with in order to qualify for issuance of a license and includes the issuance of the license.\n(m) \u201cOffice\u201d or \u201cbureau\u201d means the Bureau of Real Estate Appraisers.\n(n) \u201cRegistration\u201d means the procedures and requirements with which a person or entity shall comply in order to qualify to conduct business as an appraisal management company.\n(o) \u201cState licensed real estate appraiser\u201d is a person who is issued and holds a current valid license under this part.\n(p) \u201cUniform Standards of Professional Appraisal Practice\u201d are the standards of professional appraisal practice established by the Appraisal Foundation for use in a federally related transaction.\n(q) \u201cCourse provider\u201d means a person or entity that provides educational courses related to professional appraisal practice.\n(r) \u201cNonfederally related real estate appraisal activity\u201d means the act or process of making or performing an appraisal on real estate or real property for any purpose other than a federally related transaction.\n(s) \u201cStandard of valuation practice\u201d means any nationally or internationally recognized valuation standard\naddressing the credibility of an appraisal or an appraisal review.\napproved by the bureau.\nSEC. 2.\nSection 11319 of the Business and Professions Code is amended to read:\n11319.\nNotwithstanding any other provision of this code, the following shall apply:\n(a) The Uniform Standards of Professional Appraisal Practice constitute the minimum standard of conduct and performance for federally related real estate appraisal activity.\n(b) If a licensee also is certified by the Board of Equalization, the licensee shall follow the standards established by the Board of Equalization when fulfilling the licensee\u2019s responsibilities for assessment purposes.\n(c) If a licensee is performing a nonfederally related appraisal activity, a standard of valuation practice may be utilized if that practice is disclosed to, and agreed upon, by the client, and if that practice is described in the appraisal. If a licensee utilizes a standard of valuation practice other than the Uniform Standards of Professional Appraisal Practice pursuant to this subdivision, the licensee shall comply with the Ethics, Record Keeping, Competency, and Scope of Work rules of the Uniform Standards of Professional Appraisal Practice contained in the\n2014\u20132015\n2014\u2013\n15\nedition of the Uniform Standards of Professional Appraisal Practice.","title":""}
{"_id":"c187","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 18120 of the Penal Code is amended to read:\n18120.\n(a) A person subject to a gun violence restraining order issued pursuant to this division shall not have in his or her custody or control, own, purchase, possess, or receive any firearms or ammunition while that order is in effect.\n(b) (1) Upon issuance of a gun violence restraining order issued pursuant to this division, the court shall order the restrained person to surrender all firearms and ammunition in the restrained person\u2019s custody or control, or which the restrained person possesses or owns pursuant to paragraph (2).\n(2) The surrender ordered pursuant to paragraph (1) shall occur by immediately surrendering all firearms and ammunition in a safe manner, upon request of any law enforcement officer, to the control of the officer, after being served with the restraining order. A law enforcement officer serving a gun violence restraining order that indicates that the restrained person possesses any firearms or ammunition shall request that all firearms and ammunition be immediately surrendered. Alternatively, if no request is made by a law enforcement officer, the surrender shall occur within 24 hours of being served with the order, by surrendering all firearms and ammunition in a safe manner to the control of the local law enforcement agency, selling all firearms and ammunition to a licensed firearms dealer, or transferring all firearms and ammunition to a licensed firearms dealer in accordance with Section 29830. The law enforcement officer or licensed firearms dealer taking possession of any firearms or ammunition pursuant to this subdivision shall issue a receipt to the person surrendering the firearm or firearms or ammunition or both at the time of surrender. A person ordered to surrender all firearms and ammunition pursuant to this subdivision shall, within 48 hours after being served with the order, do both of the following:\n(A) File with the court that issued the gun violence restraining order the original receipt showing all firearms and ammunition have been surrendered to a local law enforcement agency or sold or transferred to a licensed firearms dealer. Failure to timely file a receipt shall constitute a violation of the restraining order.\n(B) File a copy of the receipt described in subparagraph (A) with the law enforcement agency that served the gun violence restraining order. Failure to timely file a copy of the receipt shall constitute a violation of the restraining order.\n(c) (1) Except as provided in paragraph (2), any firearms or ammunition surrendered to a law enforcement officer or law enforcement agency pursuant to this section shall be retained by the law enforcement agency until the expiration of any gun violence restraining order that has been issued against the restrained person. Upon expiration of any order, any firearms or ammunition shall be returned to the restrained person in accordance with the provisions of Chapter 2 (commencing with Section 33850) of Division 11 of Title 4. Firearms or ammunition that are not claimed are subject to the requirements of Section 34000.\n(2) A restrained person who owns any firearms or ammunition that are in the custody of a law enforcement agency pursuant to this section is entitled to sell any firearms or ammunition to a licensed firearms dealer or transfer any firearms or ammunition to a licensed firearms dealer in accordance with Section 29830, provided that the firearm or firearms or ammunition are otherwise legal to own or possess and the restrained person otherwise has right to title of the firearm or firearms or ammunition.\n(d) If a person other than the restrained person claims title to any firearms or ammunition surrendered pursuant to this section, and he or she is determined by the law enforcement agency to be the lawful owner of the firearm or firearms or ammunition, the firearm or firearms or ammunition shall be returned to him or her pursuant to Chapter 2 (commencing with Section 33850) of Division 11 of Title 4.\nSEC. 2.\nSection 29830 of the Penal Code is amended to read:\n29830.\n(a) Any person who is prohibited from owning or possessing a firearm or ammunition pursuant to this article, or who is prohibited from owning or possessing a firearm or ammunition pursuant to any other law, may transfer or cause to be transferred, any firearm or firearms or ammunition in his or her possession, or of which he or she is the owner, to a firearms dealer licensed pursuant to Section 26700 to 26915, inclusive, for storage during the duration of the prohibition, if the prohibition on owning or possessing the firearm will expire on a date specified in the court order.\n(b) A firearms dealer who stores a firearm or firearms or ammunition pursuant to subdivision (a), may charge the owner a reasonable fee for the storage of the firearm or firearms or ammunition.\n(c) A firearms dealer who stores a firearm or firearms or ammunition pursuant to subdivision (a) shall notify the Department of Justice of the date that the firearms dealer has taken possession of the firearm or firearms or ammunition.\n(d) Any firearm that is returned by a dealer to the owner of the firearm pursuant to this section shall be returned in accordance with the procedures set forth in Section 27540 and Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2 of Division 6.\nSEC. 3.\nSection 33880 of the Penal Code is amended to read:\n33880.\n(a) A city, county, or city and county, or a state agency may adopt a regulation, ordinance, or resolution imposing a charge equal to its administrative costs relating to the seizure, impounding, storage, or release of a firearm or ammunition.\n(b) The fee under subdivision (a) shall not exceed the actual costs incurred for the expenses directly related to taking possession of a firearm or ammunition, storing the firearm or ammunition, and surrendering possession of the firearm or ammunition to a licensed firearms dealer or to the owner.\n(c) The administrative costs described in subdivisions (a) and (b) may be waived by the local or state agency upon verifiable proof that the firearm or ammunition was reported stolen at the time the firearm came into the custody or control of the law enforcement agency.\n(d) The following apply to any charges imposed for administrative costs pursuant to this section:\n(1) The charges shall only be imposed on the person claiming title to the firearm or ammunition.\n(2) Any charges shall be collected by the local or state authority only from the person claiming title to the firearm or ammunition.\n(3) The charges shall be in addition to any other charges authorized or imposed pursuant to this code.\n(4) A charge may not be imposed for a hearing or appeal relating to the removal, impound, storage, or release of a firearm or ammunition, unless that hearing or appeal was requested in writing by the legal owner of the firearm or ammunition. In addition, the charge may be imposed only upon the person requesting that hearing or appeal.\n(e) Costs for a hearing or appeal related to the release of a firearm or ammunition shall not be charged to the legal owner who redeems the firearm or ammunition, unless the legal owner voluntarily requests the post-storage hearing or appeal. A city, county, city and county, or state agency shall not require a legal owner to request a post-storage hearing as a requirement for release of the firearm or ammunition to the legal owner.\nSEC. 4.\nNo reimbursement is required by this act pursuant to Section 6 of Article XIII\u2009B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.","title":""}
{"_id":"c176","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 17052 is added to the Revenue and Taxation Code, to read:\n17052.\n(a) (1) For each taxable year beginning on or after January 1, 2015, there shall be allowed against the \u201cnet tax,\u201d as defined by Section 17039, an earned income tax credit in an amount equal to an amount determined in accordance with Section 32 of the Internal Revenue Code, relating to earned income, as applicable for federal income tax purposes for the taxable year, except as otherwise provided in this section.\n(2) (A) The amount of the credit determined under Section 32 of the Internal Revenue Code, relating to earned income, as modified by this section, shall be multiplied by the earned income tax credit adjustment factor for the taxable year.\n(B) Unless otherwise specified in the annual Budget Act, the earned income tax credit adjustment factor for a taxable year beginning on or after January 1, 2015, shall be zero percent.\n(C) The earned income tax credit authorized by this section shall only be operative for taxable years for which resources are authorized in the annual Budget Act for the Franchise Tax Board to oversee and audit returns associated with the credit.\n(b) (1) In lieu of the table prescribed in Section 32(b)(1) of the Internal Revenue Code, relating to percentages, the credit percentage and the phaseout percentage shall be determined as follows:\nIn the case of an eligible individual with:\nThe credit percentage is:\nThe phaseout percentage is:\nNo qualifying children\n7.65%\n7.65%\n1 qualifying child\n34%\n34%\n2 or more qualifying children\n40%\n40%\n(2) (A) In lieu of the table prescribed in Section 32(b)(2)(A) of the Internal Revenue Code, the earned income amount and the phaseout amount shall be determined as follows:\nIn the case of an eligible individual with:\nThe earned income amount is:\nThe phaseout amount is:\nNo qualifying children\n$3,290\n$3,290\n1 qualifying child\n$4,940\n$4,940\n2 or more qualifying children\n$6,935\n$6,935\n(B) Section 32(b)(2)(B) of the Internal Revenue Code, relating to joint returns, shall not apply.\n(3) Section 32(b)(3)(A) of the Internal Revenue Code, relating to increased percentage for three or more qualifying children, is modified by substituting \u201cthe credit percentage and phaseout percentage is 45 percent\u201d for \u201cthe credit percentage is 45 percent.\u201d\n(c) (1) Section 32(c)(1)(A)(ii)(I) of the Internal Revenue Code is modified by substituting \u201cthis state\u201d for \u201cthe United States.\u201d\n(2) Section 32(c)(2)(A) of the Internal Revenue Code is modified as follows:\n(A) Section 32(c)(2)(A)(i) of the Internal Revenue Code is modified by deleting \u201cplus\u201d and inserting in lieu thereof the following: \u201cand only if such amounts are subject to withholding pursuant to Division 6 (commencing with Section 13000) of the Unemployment Insurance Code.\u201d\n(B) Section 32(c)(2)(A)(ii) of the Internal Revenue Code shall not apply.\n(3) Section 32(c)(3)(C) of the Internal Revenue Code, relating to place of abode, is modified by substituting \u201cthis state\u201d for \u201cthe United States.\u201d\n(d) Section 32(i)(1) of the Internal Revenue Code is modified by substituting \u201c$3,400\u201d for \u201c$2,200.\u201d\n(e) In lieu of Section 32(j) of the Internal Revenue Code, relating to inflation adjustments, for taxable years beginning on or after January 1, 2016, the amounts specified in paragraph (2) of subdivision (b) and in subdivision (d) shall be recomputed annually in the same manner as the recomputation of income tax brackets under subdivision (h) of Section 17041.\n(f) If the amount allowable as a credit under this section exceeds the tax liability computed under this part for the taxable year, the excess shall be credited against other amounts due, if any, and the balance, if any, shall be paid from the Tax Relief and Refund Account and refunded to the taxpayer.\n(g) The Franchise Tax Board may prescribe rules, guidelines, or procedures necessary or appropriate to carry out the purposes of this section. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to any rule, guideline, or procedure prescribed by the Franchise Tax Board pursuant to this section.\n(h) Notwithstanding any other law, amounts refunded pursuant to this section shall be treated in the same manner as the federal earned income refund for the purpose of determining eligibility to receive benefits under Division 9 (commencing with Section 10000) of the Welfare and Institutions Code or amounts of those benefits.\n(i) (1) For the purpose of implementing the credit allowed by this section for the 2015 taxable year, the Franchise Tax Board shall be exempt from the following:\n(A) Special Project Report requirements under State Administrative Manual Sections 4819.36, 4945, and 4945.2.\n(B) Special Project Report requirements under Statewide Information Management Manual Section 30.\n(C) Section 11.00 of the 2015 Budget Act.\n(D) Sections 12101, 12101.5, 12102, and 12102.1 of the Public Contract Code.\n(2) The Franchise Tax Board shall formally incorporate the scope, costs, and schedule changes associated with the implementation of the credit allowed by this section in its next anticipated Special Project Report for its Enterprise Data to Revenue Project.\n(j) (1) In accordance with Section 41 of the Revenue and Taxation Code, the purpose of the California Earned Income Tax Credit is to reduce poverty among California\u2019s poorest working families and individuals. To measure whether the credit achieves its intended purpose, the Franchise Tax Board shall annually prepare a written report on the following:\n(A) The number of tax returns claiming the credit.\n(B) The number of individuals represented on tax returns claiming the credit.\n(C) The average credit amount on tax returns claiming the credit.\n(D) The distribution of credits by number of dependents and income ranges. The income ranges shall encompass the phase-in and phaseout ranges of the credit.\n(E) Using data from tax returns claiming the credit, including an estimate of the federal tax credit determined under Section 32 of the Internal Revenue Code, an estimate of the number of families who are lifted out of deep poverty by the credit and an estimate of the number of families who are lifted out of deep poverty by the combination of the credit and the federal tax credit. For the purposes of this subdivision, a family is in \u201cdeep poverty\u201d if the income of the family is less than 50 percent of the federal poverty threshold.\n(2) The Franchise Tax Board shall provide the written report to the Senate Committee on Budget and Fiscal Review, the Assembly Committee on Budget, the Senate and Assembly Committees on Appropriations, the Senate Committee on Governance and Finance, the Assembly Committee on Revenue and Taxation, and the Senate and Assembly Committees on Human Services.\n(k) The tax credit allowed by this section shall be known as the California Earned Income Tax Credit.\nSEC. 2.\nSection 19136 of the Revenue and Taxation Code is amended to read:\n19136.\n(a) Section 6654 of the Internal Revenue Code, relating to failure by an individual to pay estimated income tax, shall apply, except as otherwise provided.\n(b) Section 6654(a)(1) of the Internal Revenue Code is modified to refer to the rate determined under Section 19521 in lieu of Section 6621 of the Internal Revenue Code.\n(c) (1) Section 6654(e)(1) of the Internal Revenue Code, relating to exceptions where the tax is a small amount, does not apply.\n(2) No addition to the tax shall be imposed under this section if the tax imposed under Section 17041 or 17048 and the tax imposed under Section 17062 for the preceding taxable year, minus the sum of any credits against the tax provided by Part 10 (commencing with Section 17001) or this part, or the tax computed under Section 17041 or 17048 upon the estimated income for the taxable year, minus the sum of any credits against the tax provided by Part 10 (commencing with Section 17001) or this part, is less than five hundred dollars ($500), except in the case of a separate return filed by a married person the amount shall be less than two hundred fifty dollars ($250).\n(d) Section 6654(f) of the Internal Revenue Code does not apply and for purposes of this section the term \u201ctax\u201d means the tax imposed under Section 17041 or 17048 and the tax imposed under Section 17062 less any credits against the tax provided by Part 10 (commencing with Section 17001) or this part, other than the credit provided by subdivision (a) of Section 19002.\n(e) (1) The credit for tax withheld on wages, as specified in Section 6654(g) of the Internal Revenue Code, is the credit allowed under subdivision (a) of Section 19002.\n(2) (A) Section 6654(g)(1) of the Internal Revenue Code is modified by substituting the phrase \u201cthe applicable percentage\u201d for the phrase \u201can equal part.\u201d\n(B) For purposes of this paragraph, \u201capplicable percentage\u201d means the percentage amount prescribed under Section 6654(d)(1)(A) of the Internal Revenue Code, as modified by subdivision (a) of Section 19136.1.\n(f) This section applies to a nonresident individual.\n(g) (1) No addition to tax shall be imposed under this section to the extent that the underpayment was created or increased by\nany law that is chaptered during and operative for the taxable year of the underpayment.\neither of the following:\n(A) Any law that is chaptered during and operative for the taxable year of the underpayment.\n(B) If, for a taxable year prior to its repeal, the adjustment factor for the credit authorized by Section 17052 for the taxable year was less than the adjustment factor for that credit for the preceding taxable year.\n(2)\n(A)\nNotwithstanding Section 18415,\nthis section\nsubparagraph (A) of paragraph (1)\napplies to penalties imposed under this section on\nand\nor\nafter January 1, 2005.\n(B) Notwithstanding Section 18415, subparagraph (B) of paragraph (1) applies to penalties imposed under this section on or after January 1, 2016.\n(h) The amendments made to this section by Section 5 of Chapter 305 of the Statutes of 2008 apply to taxable years beginning on or after January 1, 2009.\n(i) The amendments made to this section by\nthe act adding this subdivision\nSection 3 of Chapter 15 of the fourth Extraordinary Session of the Statutes of 2009\napply to amounts withheld on wages beginning on or after January 1, 2009.\nSEC. 3.\nSection 19167 of the\nRevenue and Taxation Code is amended to read:\n19167.\nA penalty shall be imposed under this section for any of the following:\n(a) In accordance with Section 6695(a) of the Internal Revenue Code, for failure to furnish a copy of the return to the taxpayer, as required by Section 18625.\n(b) In accordance with Section 6695(c) of the Internal Revenue Code, for failure to furnish an identifying number, as required by Section 18624.\n(c) In accordance with Section 6695(d) of the Internal Revenue Code, for failure to retain a copy or list, as required by Section 18625 or for failure to retain an electronic filing declaration, as required by Section 18621.5.\n(d) Failure to register as a tax preparer with the California Tax Education Council, as required by Section 22253 of the Business and Professions Code, unless it is shown that the failure was due to reasonable cause and not due to willful neglect.\n(1) The amount of the penalty under this subdivision for the first failure to register is two thousand five hundred dollars ($2,500). This penalty shall be waived if proof of registration is provided to the Franchise Tax Board within 90 days from the date notice of the penalty is mailed to the tax preparer.\n(2) The amount of the penalty under this subdivision for a failure to register, other than the first failure to register, is five thousand dollars ($5,000).\n(e) The Franchise Tax Board shall not impose the penalties authorized by subdivision (d) until either one of the following has occurred:\n(1) Commencing January 1, 2006, and continuing each year thereafter, there is an appropriation in the Franchise Tax Board\u2019s annual budget to fund the costs associated with the penalty authorized by subdivision (d).\n(2) (A) An agreement has been executed between the California Tax Education Council and the Franchise Tax Board that provides that an amount equal to all first year costs associated with the penalty authorized by subdivision (d) shall be received by the Franchise Tax Board. For purposes of this subparagraph, first year costs include, but are not limited to, costs associated with the development of processes or systems changes, if necessary, and labor.\n(B) An agreement has been executed between the California Tax Education Council and the Franchise Tax Board that provides that the annual costs incurred by the Franchise Tax Board associated with the penalty authorized by subdivision (d) shall be reimbursed by the California Tax Education Council to the Franchise Tax Board.\n(C) Pursuant to the agreement described in subparagraph (A), the Franchise Tax Board has received an amount equal to the first year costs described in that subparagraph.\n(f) In accordance with Section 6695(g) of the Internal Revenue Code, for failure to be diligent in determining eligibility for earned income credit for returns required to be filed on or after the effective date of the act adding this subdivision.\nSEC. 4.\nIn future years, it is the intent of the Legislature to enact legislation that would expand the California Earned Income Tax Credit allowed by Section 17052 of the Revenue and Taxation Code, as state budget conditions permit, to benefit a broader section of working poor Californians.\nSEC. 5.\nThis act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately.\nSECTION 1.\nIt is the intent of the Legislature to enact statutory changes relating to the Budget Act of 2015.","title":""}
{"_id":"c275","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 3051 of the Penal Code is amended to read:\n3051.\n(a) (1) A youth offender parole hearing is a hearing by the Board of Parole Hearings for the purpose of reviewing the parole suitability of any prisoner who was under 23 years of age at the time of his or her controlling offense.\n(2) For the purposes of this section, the following definitions shall apply:\n(A) \u201cIncarceration\u201d means detention in a city or county jail, a local juvenile facility, a mental health facility, a Division of Juvenile Justice facility, or a Department of Corrections and Rehabilitation facility.\n(B) \u201cControlling offense\u201d means the offense or enhancement for which any sentencing court imposed the longest term of imprisonment.\n(b) (1) A person who was convicted of a controlling offense that was committed before the person had attained 23 years of age and for which the sentence is a determinate sentence shall be eligible for release on parole at a youth offender parole hearing by the board during his or her 15th year of incarceration, unless previously released pursuant to other statutory provisions.\n(2) A person who was convicted of a controlling offense that was committed before the person had attained 23 years of age and for which the sentence is a life term of less than 25 years to life shall be eligible for release on parole by the board during his or her 20th year of incarceration at a youth offender parole hearing, unless previously released or entitled to an earlier parole consideration hearing pursuant to other statutory provisions.\n(3) A person who was convicted of a controlling offense that was committed before the person had attained 23 years of age and for which the sentence is a life term of 25 years to life shall be eligible for release on parole by the board during his or her 25th year of incarceration at a youth offender parole hearing, unless previously released or entitled to an earlier parole consideration hearing pursuant to other statutory provisions.\n(c) An individual subject to this section shall meet with the board pursuant to subdivision (a) of Section 3041.\n(d) The board shall conduct a youth offender parole hearing to consider release. At the youth offender parole hearing, the board shall release the individual on parole as provided in Section 3041, except that the board shall act in accordance with subdivision (c) of Section 4801.\n(e) The youth offender parole hearing to consider release shall provide for a meaningful opportunity to obtain release. The board shall review and, as necessary, revise existing regulations and adopt new regulations regarding determinations of suitability made pursuant to this section, subdivision (c) of Section 4801, and other related topics, consistent with relevant case law, in order to provide that meaningful opportunity for release.\n(f) (1) In assessing growth and maturity, psychological evaluations and risk assessment instruments, if used by the board, shall be administered by licensed psychologists employed by the board and shall take into consideration the diminished culpability of juveniles as compared to that of adults, the hallmark features of youth, and any subsequent growth and increased maturity of the individual.\n(2) Family members, friends, school personnel, faith leaders, and representatives from community-based organizations with knowledge about the individual before the crime or his or her growth and maturity since the time of the crime may submit statements for review by the board.\n(3) Nothing in this section is intended to alter the rights of victims at parole hearings.\n(g) If parole is not granted, the board shall set the time for a subsequent youth offender parole hearing in accordance with paragraph (3) of subdivision (b) of Section 3041.5. In exercising its discretion pursuant to paragraph (4) of subdivision (b) and subdivision (d) of Section 3041.5, the board shall consider the factors in subdivision (c) of Section 4801. No subsequent youth offender parole hearing shall be necessary if the offender is released pursuant to other statutory provisions prior to the date of the subsequent hearing.\n(h) This section shall not apply to cases in which sentencing occurs pursuant to Section 1170.12, subdivisions (b) to (i), inclusive, of Section 667, or Section 667.61, or in which an individual was sentenced to life in prison without the possibility of parole. This section shall not apply to an individual to whom this section would otherwise apply, but who, subsequent to attaining 23 years of age, commits an additional crime for which malice aforethought is a necessary element of the crime or for which the individual is sentenced to life in prison.\n(i) (1) The board shall complete all youth offender parole hearings for individuals who became entitled to have their parole suitability considered at a youth offender parole hearing prior to the effective date of the act that added paragraph (2) by July 1, 2015.\n(2) (A) The board shall complete all youth offender parole hearings for individuals who were sentenced to indeterminate life terms and who become entitled to have their parole suitability considered at a youth offender parole hearing on the effective date of the act that added this paragraph by July 1, 2017.\n(B) The board shall complete all youth offender parole hearings for individuals who were sentenced to determinate terms and who become entitled to have their parole suitability considered at a youth offender parole hearing on the effective date of the act that added this paragraph by July 1, 2021. The board shall, for all individuals described in this subparagraph, conduct the consultation described in subdivision (a) of Section 3041 before July 1, 2017.\nSEC. 2.\nSection 4801 of the Penal Code is amended to read:\n4801.\n(a) The Board of Parole Hearings may report to the Governor, from time to time, the names of any and all persons imprisoned in any state prison who, in its judgment, ought to have a commutation of sentence or be pardoned and set at liberty on account of good conduct, or unusual term of sentence, or any other cause, including evidence of intimate partner battering and its effects. For purposes of this section, \u201cintimate partner battering and its effects\u201d may include evidence of the nature and effects of physical, emotional, or mental abuse upon the beliefs, perceptions, or behavior of victims of domestic violence if it appears the criminal behavior was the result of that victimization.\n(b) (1) The board, in reviewing a prisoner\u2019s suitability for parole pursuant to Section 3041.5, shall give great weight to any information or evidence that, at the time of the commission of the crime, the prisoner had experienced intimate partner battering, but was convicted of an offense that occurred prior to August 29, 1996. The board shall state on the record the information or evidence that it considered pursuant to this subdivision, and the reasons for the parole decision. The board shall annually report to the Legislature and the Governor on the cases the board considered pursuant to this subdivision during the previous year, including the board\u2019s decisions and the specific and detailed findings of its investigations of these cases.\n(2) The report for the Legislature to be submitted pursuant to paragraph (1) shall be submitted pursuant to Section 9795 of the Government Code.\n(3) The fact that a prisoner has presented evidence of intimate partner battering cannot be used to support a finding that the prisoner lacks insight into his or her crime and its causes.\n(c) When a prisoner committed his or her controlling offense, as defined in subdivision (a) of Section 3051, prior to attaining 23 years of age, the board, in reviewing a prisoner\u2019s suitability for parole pursuant to Section 3041.5, shall give great weight to the diminished culpability of juveniles as compared to adults, the hallmark features of youth, and any subsequent growth and increased maturity of the prisoner in accordance with relevant case law.","title":""}
{"_id":"c255","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 273.6 of the Penal Code is amended to read:\n273.6.\n(a) Any intentional and knowing violation of a protective order, as defined in Section 6218 of the Family Code, or of an order issued pursuant to Section 527.6, 527.8, or 527.85 of the Code of Civil Procedure, or Section 15657.03 of the Welfare and Institutions Code, is a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000), or by imprisonment in a county jail for not more than one year, or by both that fine and imprisonment.\n(b) In the event of a violation of subdivision (a) that results in physical inj\">(2) An order excluding one party from the family dwelling or from the dwelling of the other.\n(3) An order enjoining a party from specified behavior that the court determined was necessary to effectuate the order described in subdivision (a).\n(4) Any order issued by another state that is recognized under Part 5 (commencing with Section 6400) of Division 10 of the Family Code.\n(d) A subsequent conviction for a violation of an order described in subdivision (a), occurring within seven years of a prior conviction for a violation of an order described in subdivision (a) and involving an act of violence or \u201ca credible threat\u201d of violence, as defined in subdivision (c) of Section 139, is punishable by imprisonment in a county jail not to exceed one year, or pursuant to subdivision (h) of Section 1170.\n(e) In the event of a subsequent conviction for a violation of an order described in subdivision (a) for an act occurring within one year of a prior conviction for a violation of an order described in subdivision (a) that results in physical injury to a victim, the person shall be punished by a fine of not more than two thousand dollars ($2,000), or by imprisonment in a county jail for not less than six months nor more than one year, by both that fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170. However, if the person is imprisoned in a county jail for at least 30 days, the court may, in the interest of justice and for reasons stated in the record, reduce or eliminate the six-month minimum imprisonment required by this subdivision. In determining whether to reduce or eliminate the minimum imprisonment pursuant to this subdivision, the court shall consider the seriousness of the facts before the court, whether there are additional allegations of a violation of the order during the pendency of the case before the court, the probability of future violations, the safety of the victim, and whether the defendant has successfully completed or is making progress with counseling.\n(f) The prosecuting agency of each county shall have the primary responsibility for the enforcement of orders described in subdivisions (a), (b), (d), and (e).\n(g) (1) Every 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, 527.8, or 527.85 of the Code of Civil Procedure, or Section 15657.03 of the Welfare and Institutions Code, shall be punished under Section 29825.\n(2) Every 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 (f) of Section 527.9 of the Code of Civil Procedure, or subdivision (h) of Section 6389 of the Family Code.\n(h) If probation is granted upon conviction of a violation of subdivision (a), (b), (c), (d), or (e), the court shall impose probation consistent with Section 1203.097, and the conditions of probation may include, in lieu of a fine, one or both of the following requirements:\n(1) That the defendant make payments to a battered women\u2019s shelter or to a shelter for abused elder persons or dependent adults, up to a maximum of five thousand dollars ($5,000), pursuant to Section 1203.097.\n(2) That the defendant reimburse the victim for reasonable costs of counseling and other reasonable expenses that the court finds are the direct result of the defendant\u2019s offense.\n(i) For any order to pay a fine, make payments to a battered women\u2019s shelter, or pay restitution as a condition of probation under subdivision (e), the court shall make a determination of the defendant\u2019s ability to pay. In no event shall any order to make payments to a battered women\u2019s shelter be made if it would impair the ability of the defendant to pay direct restitution to the victim or court-ordered child support. Where 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 this section, the community property may 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 section, until all separate property of the offending spouse is exhausted.\n(j) (1) This subdivision applies to a person who is both of the following:\n(A) The person is subject to a protective order, as defined in Section 6218 of the Family Code, or a protective order issued pursuant to this code, Section 527.6, 527.8, or 527.85 of the Code of Civil Procedure, or Section 15657.03 of the Welfare and Institutions Code.\n(B) The person is prohibited by the protective order described in subparagraph (A) from coming within a specified distance of another person.\n(2) A person described in paragraph (1) shall not do either of the following:\n(A) Operate an unmanned aircraft system in a way that causes an unmanned aircraft to fly within the prohibited distance of the other person.\n(B) Capture images of the other person by using an unmanned aircraft system.\n(3) A violation of paragraph (2) shall be a violation of the protective order.\n(4) For purposes of this subdivision, the following definitions apply:\n(A) \u201cUnmanned aircraft\u201d means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft.\n(B) \u201cUnmanned aircraft system\u201d means an unmanned aircraft and associated elements, including, but not limited to, communication links and the components that control the unmanned aircraft that are required for the pilot in command to operate safely and efficiently in the national airspace system.\nSEC. 2.\nNo reimbursement is required by this act pursuant to Section 6 of Article XIII\u2009B 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\u2009B of the California Constitution.\nSECTION 1.\nSection 4210 of the\nPublic Resources Code\nis amended to read:\n4210.\nThe Legislature finds and declares all of the following:\n(a)Fire protection of the public trust resources on lands in the state responsibility areas remains a vital interest to California. Lands that are covered in whole or in part by a diverse plant community prevent excessive erosion, retard runoff, reduce sedimentation, and accelerate water percolation to assist in the maintenance of critical sources of water for environmental, irrigation, domestic, or industrial uses.\n(b)The presence of structures within state responsibility areas can pose an increased risk of fire ignition and an increased potential for fire damage within the state\u2019s wildlands and watersheds. The presence of structures within state responsibility areas can also impair wildland firefighting techniques and could result in greater damage to state lands caused by wildfires.\n(c)The costs of fire prevention activities aimed at reducing the effects of structures in state responsibility areas should be borne by the owners of the structures.\n(d)Individual owners of structures within state responsibility areas receive a disproportionately larger benefit from fire prevention activities than that realized by the state\u2019s citizens generally.\n(e)It is the intent of the Legislature that the economic burden of fire prevention activities that are associated with structures in state responsibility areas shall be equitably distributed among the citizens of the state who generally benefit from those activities and those owners of structures in the state responsibility areas who receive a specific benefit other than that general benefit.\n(f)It is necessary to impose a fire prevention fee to pay for fire prevention activities in the state responsibility areas that specifically benefit owners of structures in the state responsibility areas.","title":""}
{"_id":"c344","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 53094 of the Government Code is amended to read:\n53094.\n(a) Notwithstanding any other provision of this article, this article does not require a school district or county office of education to comply with the zoning ordinances of a county or city unless both of the following have occurred:\n(1) The zoning ordinance makes provision for the location of public schools.\n(2) The city or county has adopted a general plan.\n(b) Notwithstanding subdivision (a), the governing board of a school district or county office of education, that has complied with the requirements of Section 65352.2 of this code and Section 21151.2 of the Public Resources Code, by a vote of two-thirds of its members, may render a city or county zoning ordinance inapplicable to a proposed use of property by the school district or county office of education. The governing board of the school district or county office of education may not take this action when the proposed use of the property by the school district or county office of education is for nonclassroom facilities, including, but not limited to, warehouses, administrative buildings, and automotive storage and repair buildings.\n(c) The governing board of the school district or county office of education shall, within 10 days, notify the city or county concerned of any action taken pursuant to subdivision (b). If the governing board has taken this action, the city or county may commence an action in the superior court of the county whose zoning ordinance is involved or in which is situated the city whose zoning ordinance is involved, seeking a review of the action of the governing board of the school district or county office of education to determine whether it was arbitrary and capricious. The city or county shall cause a copy of the complaint to be served on the board. If the court determines that the action was arbitrary and capricious, it shall declare it to be of no force and effect, and the zoning ordinance in question shall be applicable to the use of the property by the school district or county office of education.\nSEC. 2.\nSection 53097.3 of the Government Code is repealed.\nSEC. 3.\nSection 53097.3 is added to the Government Code, to read:\n53097.3.\n(a) Notwithstanding any other provision of this article, a school district or county office of education shall not render a city or county ordinance inapplicable to a charter school facility pursuant to this article, unless the facility is physically located within the geographical jurisdiction of that school district or county office of education.\n(b) When a charter school facility is physically located within the geographic jurisdiction of a school district\nor county office of education\n, the charter school may make a written request for this school district\nor county office of education\nto render a city or county zoning ordinance inapplicable to a proposed use of the facility by the charter school only to the same extent to which\nthe\na\nschool district may render the zoning ordinance inapplicable to a use of property by the school district pursuant to Section 53094.\nThe notice of inapplicability of a zoning ordinance to a charter school facility shall not exempt a charter school facility that is otherwise subject to compliance with the California Building Standards Code pursuant to subdivision (d) of Section 47610 of the Education Code from compliance with that provision.\nAlong with the written request, a school district\nor county office of education\nmay require the charter school to provide the school district with any or all of the following:\n(1) The address of the charter school facility or documentary evidence that the charter school facility is located within the geographic jurisdiction of the school district\nor county office of education\n.\n(2) A deed, purchase agreement, lease, or similar contractual document to establish that the charter school has control over the charter school facility.\n(3) Payment of a reasonable fee not to exceed five hundred dollars ($500) to process the written request.\n(c)\n(1)\nIf the requirements of subdivision (b) are met, the school district\nor county office of education\nshall, within 60 days of receiving the written request and, if required, other items described in subdivision (b),\nplace the request for notice of zoning inapplicability on the agenda of a public meeting of its governing board, and if so approved by the board,\nnotify the city or county concerned in writing that the school district\nor county board\nhas rendered a city or county ordinance inapplicable to a charter school facility that is physically located within the geographical jurisdiction of the school district\nor county office of education\n.\n(2) The governing board of the school district or county office of education shall approve the request for notice of zoning inapplicability unless the governing board of the school district or county office of education, in a public meeting, adopts written findings specific to the proposed site that the issuance of a notice of zoning inapplicability will result in the placement of a school facility in a location that will endanger the health and safety of the students of the charter school.\n(d)\n(1)\nIf\na charter school requests that a school district issue a notice of zoning inapplicability on behalf of the charter school, and\nthe school district does not provide the notice of inapplicability within 60 days pursuant to subdivision (c) and the charter school facility is physically located within the geographic jurisdiction of a county office of education, the charter school may\nsubsequently\nrequest this county office of education to provide the notice of inapplicability to the city or county concerned\n, under the same process and standard\nas described in subdivision (c)\n.\nIf, after receiving this request,\n(2) If\nthe county office of education does not provide the notice of inapplicability within\n60 days of receiving an original request from a charter school, or within\n30 days of\nthe\nreceiving a\nrequest\nthat was first submitted to a school district\n, the charter school may file an appeal with the State Board of Education.\nNotwithstanding\n(3)\nNotwithstanding\nany other\nprovision of\nlaw, upon receipt of the appeal, the State Board of Education\n, within 120 days of receiving the written request shall place the request for notice of zoning inapplicability on the agenda of a public meeting of its governing board, and if\napproved by the boards,\nshall notify the city or county concerned of the inapplicability of the city or county ordinance to the charter school\nfacility.\nfacility, under the same process and standards as required of the school district and county office of education as described in subdivision (c).\n(e) A charter school that makes a written request to render a city or county zoning ordinance inapplicable to the proposed use of a facility shall not be required to make any warranties, except that the facility will be used for classrooms and is in the jurisdiction of the school district or county office of education or provide indemnification, bonds, insurance coverage, or any other type of financial assurance as a condition for rendering an ordinance inapplicable to a charter school facility.\nSEC. 4.\nIf 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.","title":""}
{"_id":"c250","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 26840.13 is added to the Government Code, to read:\n26840.13.\n(a) The Sonoma County Board of Supervisors, upon making findings and declarations on the need for governmental oversight and coordination of the multiple agencies dealing with domestic violence, may authorize an increase in the fees for marriage licenses and confidential marriage licenses, up to a maximum increase of two dollars ($2).\n(b) Effective July 1 of each year, the Sonoma County Board of Supervisors may authorize an increase in these fees by an amount equal to the increase in the Consumer Price Index for the San Francisco metropolitan area for the preceding calendar year, rounded to the nearest one-half dollar ($0.50). The fees shall be allocated pursuant to Section 18309.6 of the Welfare and Institutions Code.\n(c) In addition to the fee prescribed by Section 26840.1, in Sonoma County, the person issuing authorization for the performance of a marriage or confidential marriage, or the county clerk upon providing a blank authorization form pursuant to Part 4 (commencing with Section 500) of Division 3 of the Family Code, shall collect the fees specified in subdivisions (a) and (b), at the time of providing the authorization.\n(d) The Sonoma County Board of Supervisors shall submit to the Assembly and Senate Committees on Judiciary a preliminary report no later than July 1, 2019, and a final report no later than July 1, 2020. Both reports shall contain the following information:\n(1) The annual amounts of funds received and expended from fee increases for the purpose of governmental oversight and coordination of domestic violence prevention, intervention, and prosecution efforts in the county.\n(2) Outcomes achieved as a result of the activities associated with the implementation of this section.\n(e) This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date.\nSEC. 2.\nSection 103628.2 is added to the Health and Safety Code, to read:\n103628.2.\n(a) The Sonoma County Board of Supervisors, upon making findings and declarations on the need for governmental oversight and coordination of the multiple agencies dealing with domestic violence, may authorize an increase in the fees for certified copies of marriage certificates, fetal death records, and death records, up to a maximum increase of two dollars ($2).\n(b) Effective July 1 of each year, the Sonoma County Board of Supervisors may authorize an increase in these fees by an amount equal to the increase in the Consumer Price Index for the San Francisco metropolitan area for the preceding calendar year, rounded to the nearest one-half dollar ($0.50). The fees shall be allocated pursuant to Section 18309.6 of the Welfare and Institutions Code.\n(c) In addition to the fees prescribed by statute, any applicant for a certified copy of a marriage certificate, fetal death record, or death record in Sonoma County shall pay an additional fee to the local registrar, county recorder, or county clerk as established by the Sonoma County Board of Supervisors pursuant to subdivisions (a) and (b).\n(d) This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date.\nSEC. 3.\nSection 18309.6 is added to the Welfare and Institutions Code, to read:\n18309.6.\n(a) (1) The Sonoma County Board of Supervisors shall direct the local registrar, county recorder, and county clerk to deposit fees collected pursuant to Section 26840.13 of the Government Code and Section 103628.2 of the Health and Safety Code into a special fund.\n(2) The county may retain up to 4 percent of the fund for administrative costs associated with the collection and segregation of the additional fees and the deposit of these fees into the special fund. Proceeds from the fund shall be used for governmental oversight and coordination of domestic violence and family violence prevention, intervention, and prosecution efforts among the court system, the district attorney\u2019s office, the public defender\u2019s office, law enforcement, the probation department, mental health services, substance abuse services, child welfare services, adult protective services, and community-based organizations and other agencies working in Sonoma County in order to increase the effectiveness of prevention, early intervention, and prosecution of domestic and family violence.\n(b) This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date.\nSEC. 4.\nThe 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 Sonoma with respect to domestic violence.\nSECTION 1.\nSection 59111 of the\nFood and Agricultural Code\nis amended to read:\n59111.\n(a)Upon the issuance of any order that makes effective a marketing order or marketing agreement, or any suspension, amendment, or termination of a marketing order or marketing agreement, a notice of the issuance shall be posted on a public bulletin board maintained by the secretary in his or her office. The secretary shall also post the same notice of issuance on the department\u2019s Internet Web site. A marketing order or marketing agreement, or any suspension, amendment, or termination of it, shall not become effective until five days after the date of the posting in the secretary\u2019s office or on the department\u2019s Internet Web site, whichever occurs first. The secretary shall also mail a copy of the notice to every person that is directly affected by the terms of the marketing order or marketing agreement, suspension, amendment, or termination, whose name and address is on file in the office of the secretary, and to every person that files in the office of the secretary a written or electronic request for the notice.\n(b)This section shall not apply to the termination of any marketing order or marketing agreement under Section 59087.","title":""}
{"_id":"c336","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 5205.5 of the Vehicle Code is amended to read:\n5205.5.\n(a) For purposes of implementing Section 21655.9, the department shall make available for issuance, for a fee determined by the department to be sufficient to reimburse the department for the actual costs incurred pursuant to this section, distinctive decals, labels, and other identifiers that clearly distinguish the following vehicles from other vehicles:\n(1) A vehicle that meets California\u2019s super ultra-low emission vehicle (SULEV) standard for exhaust emissions and the federal inherently low-emission vehicle (ILEV) evaporative emission standard, as defined in Part 88 (commencing with Section 88.101-94) of Title 40 of the Code of Federal Regulations.\n(2) A vehicle that was produced during the 2004 model-year or earlier and meets California\u2019s ultra-low emission vehicle (ULEV) standard for exhaust emissions and the federal ILEV standard.\n(3) A vehicle that meets California\u2019s enhanced advanced technology partial zero-emission vehicle (enhanced AT PZEV) standard or transitional zero-emission vehicle (TZEV) standard.\n(b) The department shall include a summary of the provisions of this section on each motor vehicle registration renewal notice, or on a separate insert, if space is available and the summary can be included without incurring additional printing or postage costs.\n(c) The Department of Transportation shall remove individual HOV lanes, or portions of those lanes, during periods of peak congestion from the access provisions provided in subdivision (a), following a finding by the Department of Transportation as follows:\n(1) The lane, or portion thereof, exceeds a level of service C, as discussed in subdivision (b) of Section 65089 of the Government Code.\n(2) The operation or projected operation of the vehicles described in subdivision (a) in these lanes, or portions thereof, will significantly increase congestion.\n(3) The finding shall also demonstrate the infeasibility of alleviating the congestion by other means, including, but not limited to, reducing the use of the lane by noneligible vehicles or further increasing vehicle occupancy.\n(d) The State Air Resources Board shall publish and maintain a listing of all vehicles eligible for participation in the programs described in this section. The board shall provide that listing to the department.\n(e) (1) For purposes of subdivision (a), the Department of the California Highway Patrol and the department, in consultation with the Department of Transportation, shall design and specify the placement of the decal, label, or other identifier on the vehicle. Each decal, label, or other identifier issued for a vehicle shall display a unique number, which number shall be printed on, or affixed to, the vehicle registration.\n(2) Decals, labels, or other identifiers designed pursuant to this subdivision for a vehicle described in paragraph (3) of subdivision (a) shall be distinguishable from the decals, labels, or other identifiers that are designed for vehicles described in paragraphs (1) and (2) of subdivision (a).\n(f) (1) Except as provided in paragraph (2), for purposes of paragraph (3) of subdivision (a), the department shall issue no more than\n_____\n85,000\ndistinctive decals, labels, or other identifiers that clearly distinguish a vehicle specified in paragraph (3) of subdivision (a).\n(2) The department may issue a decal, label, or other identifier for a vehicle that satisfies all of the following conditions:\n(A) The vehicle is of a type identified in paragraph (3) of subdivision (a).\n(B) The owner of the vehicle is the owner of a vehicle for which a decal, label, or other identifier described in paragraph (1) was previously issued and that vehicle for which the decal, label, or other identifier was previously issued is determined by the department, on the basis of satisfactory proof submitted by the owner to the department, to be a nonrepairable vehicle or a total loss salvage vehicle.\n(C) The owner of the vehicle applied for a decal, label, or other identifier pursuant to this paragraph within six months of the date on which the vehicle for which a decal, label, or other identifier was previously issued is declared to be a nonrepairable vehicle or a total loss salvage vehicle.\n(g) If the Metropolitan Transportation Commission, serving as the Bay Area Toll Authority, grants toll-free and reduced-rate passage on toll bridges under its jurisdiction to a vehicle pursuant to Section 30102.5 of the Streets and Highways Code, it shall also grant the same toll-free and reduced-rate passage to a vehicle displaying an identifier issued by the department pursuant to paragraph (1) or (2) of subdivision (a).\n(h) (1) Notwithstanding Section 21655.9, and except as provided in paragraph (2), a vehicle described in subdivision (a) that displays a decal, label, or identifier issued pursuant to this section shall be granted a toll-free or reduced-rate passage in high-occupancy toll lanes as described in Section 149.7 of the Streets and Highways Code unless prohibited by federal law.\n(2) (A) Paragraph (1) does not apply to the imposition of a toll imposed for passage on a toll road or toll highway, that is not a high-occupancy toll lane as described in Section 149.7 of the Streets and Highways Code.\n(B) On or before March 1, 2014, paragraph (1) does not apply to the imposition of a toll imposed for passage in lanes designated for tolls pursuant to the federally supported value pricing and transit development demonstration program operated pursuant to Section 149.9 of the Streets and Highways Code for State Highway Route 10 or 110.\n(C) Paragraph (1) does not apply to the imposition of a toll charged for crossing a state-owned bridge.\n(i) If the Director of Transportation determines that federal law does not authorize the state to allow vehicles that are identified by distinctive decals, labels, or other identifiers on vehicles described in subdivision (a) to use highway lanes or highway access ramps for high-occupancy vehicles regardless of vehicle occupancy, the Director of Transportation shall submit a notice of that determination to the Secretary of State.\n(j) This section shall become inoperative on January 1, 2019, or the date the federal authorization pursuant to Section 166 of Title 23 of the United States Code expires, or the date the Secretary of State receives the notice described in subdivision (i), whichever occurs first, and, as of January 1, 2019, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2019, deletes or extends the dates on which it becomes inoperative and is repealed.\nSEC. 2.\nThis 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:\nIn order to ensure, at the earliest possible time, that new owners of certain qualifying clean alternative fuel vehicles will be eligible for participation in the program, and to provide long-term incentives for consumers of clean alternative fuel vehicles, it is necessary that this act take effect immediately.","title":""}
{"_id":"c267","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 30000 of the Penal Code is amended to read:\n30000.\n(a) The Attorney General shall establish and maintain an online database to be known as the Prohibited Armed Persons File. The purpose of the file is to\ncross-reference\nidentify\npersons who have ownership or possession of a firearm on or after January 1, 1996, as indicated by a record in the Consolidated Firearms Information System, and who, subsequent to the date of that ownership or possession of a firearm, fall within a class of persons who are prohibited from owning or possessing a firearm.\n(b)\nThe\nExcept as provided in subdivision (c), the\ninformation contained in the Prohibited Armed Persons File shall\nonly\nbe available\nonly\nto those entities specified in, and pursuant to, subdivision (b) or (c) of Section 11105, through the California Law Enforcement Telecommunications System, for the purpose of determining if persons are armed and prohibited from possessing firearms.\n(c) The Department of Justice shall provide access to the Prohibited Armed Persons File to the Department of Motor Vehicles for purposes of complying with Sections 4750 and 12805 of the Vehicle Code.\nSEC. 2.\nSection 4750 of the Vehicle Code is amended to read:\n4750.\nThe department shall refuse registration, or renewal or transfer of registration, upon any of the following grounds:\n(a) The application contains any false or fraudulent statement.\n(b) The required fee has not been paid.\n(c) The registration, or renewal or transfer of registration, is prohibited by the requirements of Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code.\n(d) The owner of a heavy vehicle, which is subject to the heavy vehicle use tax imposed pursuant to Section 4481 of Title 26 of the United States Code, has not presented sufficient evidence, as determined by the department, that the tax for the vehicle has been paid pursuant to that section.\n(e) Evidence of financial responsibility,\nthat\nwhich\nis required for a vehicle registration renewal\nwhere\nwhen\nthere is no change in registered owner, has not been provided to the department pursuant to Section 4000.37 or electronically. This subdivision does not apply to any of the following:\n(1) A vehicle for which a certification has been filed pursuant to Section 4604, until the vehicle is registered for operation upon the highway.\n(2) A vehicle owned or leased by, or under the direction of, the United States or any public entity that is included in Section 811.2 of the Government Code.\n(3) A vehicle registration renewal application\nwhere\nwhen\nthere is a change of registered owner.\n(f) (1) The department determines that the person to whom the vehicle is, or will be, registered is listed as a prohibited person in the Prohibited Armed Persons File, pursuant to Section 30000 of the Penal Code.\n(2) The department shall, before registering a vehicle, or renewing or transferring the registration of a vehicle, access the Prohibited Armed Persons File to determine if the person to whom the vehicle is, or will be, registered is listed as a prohibited person.\nSEC. 3.\nSection 12805 of the Vehicle Code is amended to read:\n12805.\nThe department shall not issue a driver\u2019s license to, or renew\na\nthe\ndriver\u2019s license of, any person:\n(a) Who is not of legal age to receive a driver\u2019s license.\n(b) Whose best corrected visual acuity is 20\/200 or worse in that person\u2019s better eye, as verified by an optometrist or ophthalmologist. No person may use a bioptic telescopic or similar lens to meet the 20\/200 visual acuity standards.\n(c) Who is unable, as shown by examination, to understand traffic signs or signals or who does not have a reasonable knowledge of the provisions of this code governing the operations of vehicles upon the highways.\n(d) When it is determined, by examination or other evidence, that the person is unable to safely operate a motor vehicle upon a highway.\n(e) Who is unable to read and understand simple English used in highway traffic and directional signs. This subdivision does not apply to any person holding an operator\u2019s or chauffeur\u2019s license issued by this state and valid on September 11, 1957.\n(f) Who holds a valid driver\u2019s license issued by a foreign jurisdiction unless the license has been surrendered to the department, or is lost or destroyed.\n(g) Who has ever held, or is the holder of, a license to drive issued by another state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico, and that license has been suspended by reason, in whole or in part, of a conviction of a traffic violation until the suspension period has\nterminated, except that the\nterminated. The\ndepartment may issue a license to the applicant if, in the opinion of the department, it will be safe to issue a license to a person whose license to drive was suspended by a state that is not a party to the Driver License Compact provided for in Chapter 6 (commencing with Section 15000) of Division 6.\n(h) Who has ever held, or is the holder of, a license to drive issued by another state, territory, or possession of the United States, the District of Columbia or the Commonwealth of Puerto Rico, and that license has been revoked by reason, in whole or in part, of a conviction of a traffic violation, until the revocation has been terminated or after the expiration of one year from the date the license was revoked, whichever occurs\nfirst, except that the\nfirst. The\ndepartment may issue a license to the applicant if, in the opinion of the department, it will be safe to issue a license to a person whose license to drive was revoked by a state that is not a party to the Driver License Compact provided for in Chapter 6 (commencing with Section 15000) of Division 6.\n(i) (1) Who the department determines is listed as a prohibited person in the Prohibited Armed Persons File, pursuant to Section 30000 of the Penal Code.\n(2) The department shall, before issuing or renewing a driver\u2019s license, access the Prohibited Armed Persons File to determine if the person applying for, or renewing, the driver\u2019s license is listed as a prohibited person.","title":""}
{"_id":"c497","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nThis act shall be known, and may be cited, as the Transparent Review of Unjust Transfers and Holds (TRUTH) Act.\nSEC. 2.\n(a) Transparency and accountability are essential minimum requirements for any collaboration between state and federal agencies.\n(b) Recent immigration enforcement programs sponsored by the United States Immigration and Customs Enforcement (ICE) agency have suffered from a lack of transparency and accountability.\n(c) For example, a federal judge found that ICE \u201cwent out of [its] way to mislead the public about Secure Communities,\u201d a deportation program in which ICE collaborated with local law enforcement agencies to identify people for deportation.\n(d) The Legislature further found that Secure Communities harmed community policing and shifted the burden of federal immigration enforcement onto local law enforcement agencies.\n(e) Although ICE has terminated the Secure Communities program, it continues to promote a number of similar programs, including the Priority Enforcement Program, the 287(g) Program, and the Criminal Alien Program.\n(f) The Priority Enforcement Program has many similarities to Secure Communities, including the checking of fingerprints for immigration purposes at the point of arrest; the continued use of immigration detainers, which have been found by the courts to pose constitutional concerns; and the reliance on local law enforcement to assist in immigration enforcement.\n(g) Just as with Secure Communities, numerous questions have been raised about whether ICE has been transparent and accountable with respect to its current deportation programs.\n(h) This bill seeks to address the lack of transparency and accountability by ensuring that all ICE deportation programs that depend on entanglement with local law enforcement agencies in California are subject to meaningful public oversight.\n(i) This bill also seeks to promote public safety and preserve limited local resources because entanglement between local law enforcement and ICE undermines community policing strategies and drains local resources.\nSEC. 3.\nChapter 17.2 (commencing with Section 7283) is added to Division 7 of Title 1 of the Government Code, to read:\nCHAPTER  17.2. Standards for Participation in United States Immigration and Customs Enforcement Programs\n7283.\nFor purposes of this chapter, the following terms have the following meanings:\n(a) \u201cCommunity forum\u201d includes, but is not limited to, any regular meeting of the local governing body that is open to the public, where the public may provide comment, is in an accessible location, and is noticed at least 30 days in advance.\n(b) \u201cHold request\u201d means a federal Immigration and Customs Enforcement (ICE) request that a local law enforcement agency maintain custody of an individual currently in its custody beyond the time he or she would otherwise be eligible for release in order to facilitate transfer to ICE and includes, but is not limited to, Department of Homeland Security (DHS) Form I-247D.\n(c) \u201cGoverning body\u201d with respect to a county, means the county board of supervisors.\n(d) \u201cICE access\u201d means, for the purposes of civil immigration enforcement, including when an individual is stopped with or without their consent, arrested, detained, or otherwise under the control of the local law enforcement agency, all of the following:\n(1) Responding to an ICE hold, notification, or transfer request.\n(2) Providing notification to ICE in advance of the public that an individual is being or will be released at a certain date and time through data sharing or otherwise.\n(3) Providing ICE non-publicly available information regarding release dates, home addresses, or work addresses, whether through computer databases, jail logs, or otherwise.\n(4) Allowing ICE to interview an individual.\n(5) Providing ICE information regarding dates and times of probation or parole check-ins.\n(e) \u201cLocal law enforcement agency\u201d means any agency of a city, county, city and county, special district, or other political subdivision of the state that is authorized to enforce criminal statutes, regulations, or local ordinances; or to operate jails or to maintain custody of individuals in jails; or to operate juvenile detention facilities or to maintain custody of individuals in juvenile detention facilities; or to monitor compliance with probation or parole conditions.\n(f) \u201cNotification request\u201d means an Immigration and Customs Enforcement request that a local law enforcement agency inform ICE of the release date and time in advance of the public of an individual in its custody and includes, but is not limited to, DHS Form I-247N.\n(g) \u201cTransfer request\u201d means an Immigration and Customs Enforcement request that a local law enforcement agency facilitate the transfer of an individual in its custody to ICE, and includes, but is not limited to, DHS Form I-247X.\n7283.1.\n(a) In advance of any interview between ICE and an individual in local law enforcement custody regarding civil immigration violations, the local law enforcement entity shall provide the individual with a written consent form that explains the purpose of the interview, that the interview is voluntary, and that he or she may decline to be interviewed or may choose to be interviewed only with his or her attorney present. The written consent form shall be available in English, Spanish, Chinese, Tagalog, Vietnamese, and Korean. The written consent form shall also be available in any additional languages that meet the county threshold as defined in subdivision (d) of Section 128552 of the Health and Safety Code if certified translations in those languages are made available to the local law enforcement agency at no cost.\n(b) Upon receiving any ICE hold, notification, or transfer request, the local law enforcement agency shall provide a copy of the request to the individual and inform him or her whether the law enforcement agency intends to comply with the request. If a local law enforcement agency provides ICE with notification that an individual is being, or will be, released on a certain date, the local law enforcement agency shall promptly provide the same notification in writing to the individual and to his or her attorney or to one additional person who the individual shall be permitted to designate.\n(c) All records relating to ICE access provided by local law enforcement agencies, including all communication with ICE, shall be public records for purposes of the California Public Records Act (Chapter 3.5 (commencing with Section 6250)), including the exemptions provided by that act and, as permitted under that act, personal identifying information may be redacted prior to public disclosure. Records relating to ICE access include, but are not limited to, data maintained by the local law enforcement agency regarding the number and demographic characteristics of individuals to whom the agency has provided ICE access, the date ICE access was provided, and whether the ICE access was provided through a hold, transfer, or notification request or through other means.\n(d) Beginning January 1, 2018, the local governing body of any county, city, or city and county in which a local law enforcement agency has provided ICE access to an individual during the last year shall hold at least one community forum during the following year, that is open to the public, in an accessible location, and with at least 30 days\u2019 notice to provide information to the public about ICE\u2019s access to individuals and to receive and consider public comment. As part of this forum, the local law enforcement agency may provide the governing body with data it maintains regarding the number and demographic characteristics of individuals to whom the agency has provided ICE access, the date ICE access was provided, and whether the ICE access was provided through a hold, transfer, or notification request or through other means. Data may be provided in the form of statistics or, if statistics are not maintained, individual records, provided that personally identifiable information shall be redacted.\n7283.2.\nNothing in this chapter shall be construed to provide, expand, or ratify the legal authority of any state or local law enforcement agency to detain an individual based upon an ICE hold request.\nSEC. 4.\nThe Legislature finds and declares that Section 3 of this act, which adds Chapter 17.2 (commencing with Section 7283) to Division 7 of Title 1 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:\nBy requiring public meetings relating to the manner in which local law enforcement entities cooperate with federal authorities in enforcing federal immigration laws and making related documents open to public inspection, this act furthers the purposes of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.\nSEC. 5.\nNo reimbursement is required by this act pursuant to Section 6 of Article XIII\u2009B 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.","title":""}
{"_id":"c394","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 803 of the Penal Code is amended to read:\n803.\n(a) Except as provided in this section, a limitation of time prescribed in this chapter is not tolled or extended for any reason.\n(b) No time during which prosecution of the same person for the same conduct is pending in a court of this state is a part of a limitation of time prescribed in this chapter.\n(c) A limitation of time prescribed in this chapter does not commence to run until the discovery of an offense described in this subdivision. This subdivision applies to an offense punishable by imprisonment in the state prison or imprisonment pursuant to subdivision (h) of Section 1170, a material element of which is fraud or breach of a fiduciary obligation, the commission of the crimes of theft or embezzlement upon an elder or dependent adult, or the basis of which is misconduct in office by a public officer, employee, or appointee, including, but not limited to, the following offenses:\n(1) Grand theft of any type, forgery, falsification of public records, or acceptance of, or asking, receiving, or agreeing to receive, a bribe, by a public official or a public employee, including, but not limited to, a violation of Section 68, 86, or 93.\n(2) A violation of Section 72, 118, 118a, 132, 134, or 186.10.\n(3) A violation of Section 25540, of any type, or Section 25541 of the Corporations Code.\n(4) A violation of Section 1090 or 27443 of the Government Code.\n(5) Felony welfare fraud or Medi-Cal fraud in violation of Section 11483 or 14107 of the Welfare and Institutions Code.\n(6) Felony insurance fraud in violation of Section 548 or 550 of this code or former Section 1871.1, or Section 1871.4, of the Insurance Code.\n(7) A violation of Section 580, 581, 582, 583, or 584 of the Business and Professions Code.\n(8) A violation of Section 22430 of the Business and Professions Code.\n(9) A violation of Section 103800 of the Health and Safety Code.\n(10) A violation of Section 529a.\n(11) A violation of subdivision (d) or (e) of Section 368.\n(d) If the defendant is out of the state when or after the offense is committed, the prosecution may be commenced as provided in Section 804 within the limitations of time prescribed by this chapter, and no time up to a maximum of three years during which the defendant is not within the state shall be a part of those limitations.\n(e) A limitation of time prescribed in this chapter does not commence to run until the offense has been discovered, or could have reasonably been discovered, with regard to offenses under Division 7 (commencing with Section 13000) of the Water Code, under Chapter 6.5 (commencing with Section 25100) of, Chapter 6.7 (commencing with Section 25280) of, or Chapter 6.8 (commencing with Section 25300) of, Division 20 of, or Part 4 (commencing with Section 41500) of Division 26 of, the Health and Safety Code, or under Section 386, or offenses under Chapter 5 (commencing with Section 2000) of Division 2 of, Chapter 9 (commencing with Section 4000) of Division 2 of, Section 6126 of, Chapter 10 (commencing with Section 7301) of Division 3 of, or Chapter 19.5 (commencing with Section 22440) of Division 8 of, the Business and Professions Code.\n(f) (1) Notwithstanding any other limitation of time described in this chapter, a criminal complaint may be filed within one year of the date of a report to a California law enforcement agency by a person of any age alleging that he or she, while under 18 years of age, was the victim of a crime described in Section 261, 286, 288, 288a, 288.5, or 289, or Section 289.5, as enacted by Chapter 293 of the Statutes of 1991 relating to penetration by an unknown object.\n(2) This subdivision applies only if all of the following occur:\n(A) The limitation period specified in Section 800, 801, or 801.1, whichever is later, has expired.\n(B) The crime involved substantial sexual conduct, as described in subdivision (b) of Section 1203.066, excluding masturbation that is not mutual.\n(C) There is independent evidence that corroborates the victim\u2019s allegation. If the victim was 21 years of age or older at the time of the report, the independent evidence shall clearly and convincingly corroborate the victim\u2019s allegation.\n(3) No evidence may be used to corroborate the victim\u2019s allegation that otherwise would be inadmissible during trial. Independent evidence does not include the opinions of mental health professionals.\n(4) (A) In a criminal investigation involving any of the crimes listed in paragraph (1) committed against a child, when the applicable limitations period has not expired, that period shall be tolled from the time a party initiates litigation challenging a grand jury subpoena until the end of the litigation, including any associated writ or appellate proceeding, or until the final disclosure of evidence to the investigating or prosecuting agency, if that disclosure is ordered pursuant to the subpoena after the litigation.\n(B) Nothing in this subdivision affects the definition or applicability of any evidentiary privilege.\n(C) This subdivision shall not apply if a court finds that the grand jury subpoena was issued or caused to be issued in bad faith.\n(g) (1) Notwithstanding any other limitation of time described in this chapter, a criminal complaint may be filed within one year of the date on which the identity of the suspect is conclusively established by DNA testing, if both of the following conditions are met:\n(A) The crime is one that is described in subdivision (c) of Section 290.\n(B) The offense was committed prior to January 1, 2001, and biological evidence collected in connection with the offense is analyzed for DNA type no later than January 1, 2004, or the offense was committed on or after January 1, 2001, and biological evidence collected in connection with the offense is analyzed for DNA type no later than two years from the date of the offense.\n(2) For purposes of this section, \u201cDNA\u201d means deoxyribonucleic acid.\n(h) For any crime, the proof of which depends substantially upon evidence that was seized under a warrant, but which is unavailable to the prosecuting authority under the procedures described in People v. Superior Court (Laff) (2001) 25 Cal.4th 703, People v. Superior Court (Bauman & Rose) (1995) 37 Cal.App.4th 1757, or subdivision (c) of Section 1524, relating to claims of evidentiary privilege or attorney work product, the limitation of time prescribed in this chapter shall be tolled from the time of the seizure until final disclosure of the evidence to the prosecuting authority. Nothing in this section otherwise affects the definition or applicability of any evidentiary privilege or attorney work product.\n(i) Notwithstanding any other limitation of time described in this chapter, a criminal complaint may be filed within one year of the date on which a hidden recording is discovered related to a violation of paragraph (2) or (3) of subdivision (j) of Section 647.\n(j) Notwithstanding any other limitation of time described in this chapter, if a person flees the scene of an accident that caused death or permanent, serious injury, as defined in subdivision (d) of Section 20001 of the Vehicle Code, a criminal complaint brought pursuant to paragraph (2) of subdivision (b) of Section 20001 of the Vehicle Code may be filed within the applicable time period described in Section 801 or 802 or one year after the person is initially identified by law enforcement as a suspect in the commission of the offense, whichever is later, but in no case later than six years after the commission of the offense.\n(k) Notwithstanding any other limitation of time described in this chapter, if a person flees the scene of an accident, a criminal complaint brought pursuant to paragraph (1) or (2) of subdivision (c) of Section 192 may be filed within the applicable time period described in Section 801 or 802, or one year after the person is initially identified by law enforcement as a suspect in the commission of that offense, whichever is later, but in no case later than six years after the commission of the offense.\n(l) A limitation of time prescribed in this chapter does not commence to run until the discovery of an offense involving the offering or giving of a bribe to a public official or public employee, including, but not limited to, a violation of Section 67, 67.5, 85, 92, or 165, or Section 35230 or 72530 of the Education Code.\n(m) Notwithstanding any other limitation of time prescribed in this chapter, if a person actively conceals or attempts to conceal an accidental death in violation of Section 152, a criminal complaint may be filed within one year after the person is initially identified by law enforcement as a suspect in the commission of that offense.\nSEC. 1.5.\nSection 803 of the Penal Code is amended to read:\n803.\n(a) Except as provided in this section, a limitation of time prescribed in this chapter is not tolled or extended for any reason.\n(b) No time during which prosecution of the same person for the same conduct is pending in a court of this state is a part of a limitation of time prescribed in this chapter.\n(c) A limitation of time prescribed in this chapter does not commence to run until the discovery of an offense described in this subdivision. This subdivision applies to an offense punishable by imprisonment in the state prison or imprisonment pursuant to subdivision (h) of Section 1170, a material element of which is fraud or breach of a fiduciary obligation, the commission of the crimes of theft or embezzlement upon an elder or dependent adult, or the basis of which is misconduct in office by a public officer, employee, or appointee, including, but not limited to, the following offenses:\n(1) Grand theft of any type, forgery, falsification of public records, or acceptance of, or asking, receiving, or agreeing to receive, a bribe, by a public official or a public employee, including, but not limited to, a violation of Section 68, 86, or 93.\n(2) A violation of Section 72, 118, 118a, 132, 134, or 186.10.\n(3) A violation of Section 25540, of any type, or Section 25541 of the Corporations Code.\n(4) A violation of Section 1090 or 27443 of the Government Code.\n(5) Felony welfare fraud or Medi-Cal fraud in violation of Section 11483 or 14107 of the Welfare and Institutions Code.\n(6) Felony insurance fraud in violation of Section 548 or 550 of this code or former Section 1871.1, or Section 1871.4, of the Insurance Code.\n(7) A violation of Section 580, 581, 582, 583, or 584 of the Business and Professions Code.\n(8) A violation of Section 22430 of the Business and Professions Code.\n(9) A violation of Section 103800 of the Health and Safety Code.\n(10) A violation of Section 529a.\n(11) A violation of subdivision (d) or (e) of Section 368.\n(d) If the defendant is out of the state when or after the offense is committed, the prosecution may be commenced as provided in Section 804 within the limitations of time prescribed by this chapter, and no time up to a maximum of three years during which the defendant is not within the state shall be a part of those limitations.\n(e) A limitation of time prescribed in this chapter does not commence to run until the offense has been discovered, or could have reasonably been discovered, with regard to offenses under Division 7 (commencing with Section 13000) of the Water Code, under Chapter 6.5 (commencing with Section 25100) of, Chapter 6.7 (commencing with Section 25280) of, or Chapter 6.8 (commencing with Section 25300) of, Division 20 of, or Part 4 (commencing with Section 41500) of Division 26 of, the Health and Safety Code, or under Section 386, or offenses under Chapter 5 (commencing with Section 2000) of Division 2 of, Chapter 9 (commencing with Section 4000) of Division 2 of, Section 6126 of, Chapter 10 (commencing with Section 7301) of Division 3 of, or Chapter 19.5 (commencing with Section 22440) of Division 8 of, the Business and Professions Code.\n(f) (1) Notwithstanding any other limitation of time described in this chapter, if subdivision (b) of Section 799 does not apply, a criminal complaint may be filed within one year of the date of a report to a California law enforcement agency by a person of any age alleging that he or she, while under 18 years of age, was the victim of a crime described in Section 261, 286, 288, 288a, 288.5, or 289, or Section 289.5, as enacted by Chapter 293 of the Statutes of 1991 relating to penetration by an unknown object.\n(2) This subdivision applies only if all of the following occur:\n(A) The limitation period specified in Section 800, 801, or 801.1, whichever is later, has expired.\n(B) The crime involved substantial sexual conduct, as described in subdivision (b) of Section 1203.066, excluding masturbation that is not mutual.\n(C) There is independent evidence that corroborates the victim\u2019s allegation. If the victim was 21 years of age or older at the time of the report, the independent evidence shall clearly and convincingly corroborate the victim\u2019s allegation.\n(3) No evidence may be used to corroborate the victim\u2019s allegation that otherwise would be inadmissible during trial. Independent evidence does not include the opinions of mental health professionals.\n(4) (A) In a criminal investigation involving any of the crimes listed in paragraph (1) committed against a child, when the applicable limitations period has not expired, that period shall be tolled from the time a party initiates litigation challenging a grand jury subpoena until the end of the litigation, including any associated writ or appellate proceeding, or until the final disclosure of evidence to the investigating or prosecuting agency, if that disclosure is ordered pursuant to the subpoena after the litigation.\n(B) Nothing in this subdivision affects the definition or applicability of any evidentiary privilege.\n(C) This subdivision shall not apply if a court finds that the grand jury subpoena was issued or caused to be issued in bad faith.\n(g) (1) Notwithstanding any other limitation of time described in this chapter, a criminal complaint may be filed within one year of the date on which the identity of the suspect is conclusively established by DNA testing, if both of the following conditions are met:\n(A) The crime is one that is described in subdivision (c) of Section 290.\n(B) The offense was committed prior to January 1, 2001, and biological evidence collected in connection with the offense is analyzed for DNA type no later than January 1, 2004, or the offense was committed on or after January 1, 2001, and biological evidence collected in connection with the offense is analyzed for DNA type no later than two years from the date of the offense.\n(2) For purposes of this section, \u201cDNA\u201d means deoxyribonucleic acid.\n(h) For any crime, the proof of which depends substantially upon evidence that was seized under a warrant, but which is unavailable to the prosecuting authority under the procedures described in People v. Superior Court (Laff) (2001) 25 Cal.4th 703, People v. Superior Court (Bauman & Rose) (1995) 37 Cal.App.4th 1757, or subdivision (c) of Section 1524, relating to claims of evidentiary privilege or attorney work product, the limitation of time prescribed in this chapter shall be tolled from the time of the seizure until final disclosure of the evidence to the prosecuting authority. Nothing in this section otherwise affects the definition or applicability of any evidentiary privilege or attorney work product.\n(i) Notwithstanding any other limitation of time described in this chapter, a criminal complaint may be filed within one year of the date on which a hidden recording is discovered related to a violation of paragraph (2) or (3) of subdivision (j) of Section 647.\n(j) Notwithstanding any other limitation of time described in this chapter, if a person flees the scene of an accident that caused death or permanent, serious injury, as defined in subdivision (d) of Section 20001 of the Vehicle Code, a criminal complaint brought pursuant to paragraph (2) of subdivision (b) of Section 20001 of the Vehicle Code may be filed within the applicable time period described in Section 801 or 802 or one year after the person is initially identified by law enforcement as a suspect in the commission of the offense, whichever is later, but in no case later than six years after the commission of the offense.\n(k) Notwithstanding any other limitation of time described in this chapter, if a person flees the scene of an accident, a criminal complaint brought pursuant to paragraph (1) or (2) of subdivision (c) of Section 192 may be filed within the applicable time period described in Section 801 or 802, or one year after the person is initially identified by law enforcement as a suspect in the commission of that offense, whichever is later, but in no case later than six years after the commission of the offense.\n(l) A limitation of time prescribed in this chapter does not commence to run until the discovery of an offense involving the offering or giving of a bribe to a public official or public employee, including, but not limited to, a violation of Section 67, 67.5, 85, 92, or 165, or Section 35230 or 72530 of the Education Code.\n(m) Notwithstanding any other limitation of time prescribed in this chapter, if a person actively conceals or attempts to conceal an accidental death in violation of Section 152, a criminal complaint may be filed within one year after the person is initially identified by law enforcement as a suspect in the commission of that offense.\nSEC. 2.\nSection 1.5 of this bill incorporates amendments to Section 803 of the Penal Code proposed by both this bill and Senate Bill 813. 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 803 of the Penal Code, and (3) this bill is enacted after Senate Bill 813, in which case Section 1 of this bill shall not become operative.","title":""}
{"_id":"c37","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nChapter 1.6 (commencing with Section 71265) is added to Part 3 of Division 20 of the Water Code, to read:\nCHAPTER  1.6. Central Basin Municipal Water District\n71265.\nFor the purposes of this chapter:\n(a) \u201cDistrict\u201d means the Central Basin Municipal Water District.\n(b) \u201cLarge water purveyor\u201d means a public water system that is one of the top five purveyors of water as measured by the total purchase of potable and recycled water from the district for the three prior fiscal years.\n(c) \u201cPublic water system\u201d has the same meaning as in Section 116275 of the Health and Safety Code.\n(d) \u201cRelevant technical expertise\u201d means employment or consulting for a total period of at least five years, prior to the date of first appointment, in one or more positions materially responsible for performing services relating to the management, operations, engineering, construction, financing, contracting, regulation, or resource management of a public water system.\n(e) \u201cSmall water purveyor\u201d means a public water system with less than 5,000 connections.\n71266.\n(a) Except as provided in subdivision (c) and notwithstanding any other provision of this division, the board of directors of the district shall be composed of seven directors as follows:\n(1) Four directors, one director elected for each division established pursuant to subdivision (d) by the voters of the division. Each director shall be a resident of the division from which he or she is elected. An election pursuant to this paragraph shall be in accordance with the Uniform District Election Law (Part 4 (commencing with Section 10500) of Division 10 of the Elections Code).\n(2) Three directors appointed by the water purveyors of the district in accordance with Section 71267.\n(b) The district shall be subject to Section 84308 of the Government Code.\n(c) Until the directors elected at the November 8, 2022, election take office, the board of directors shall be composed of eight directors as follows:\n(1) Five directors in accordance with Section 71250.\n(2) Three directors appointed by the water purveyors of the district pursuant to Section 71267.\n(d) The board of directors shall divide the district into four divisions in a manner as to equalize, as nearly as practicable, the population in the respective divisions pursuant to Section 71540.\n71267.\n(a) The general manager of the district shall notify each water purveyor of the district and provide a 60-day period during which the district will accept nominations for appointment of individuals to the board of directors.\n(b) Individuals nominated for appointment to the board of directors shall demonstrate eligibility and relevant technical expertise.\n(c) (1) The three directors appointed by the water purveyors shall be selected by the water purveyors of the district every four years as follows:\n(A) One director shall be selected by all large water purveyors from the nominees of large water purveyors. Each large water purveyor shall have one vote.\n(B) One director shall be selected by all cities that are water purveyors of the district from the nominees of cities. Each city shall have one vote.\n(C) One director shall be selected by all of the water purveyors of the district from any nominee. The vote of each purveyor shall be weighted to reflect the number of service connections of that water purveyor within the district. If the selection of a director under this subparagraph would result in a violation of paragraph (2), the first eligible candidate receiving the next highest number of votes shall be selected.\n(2) The appointment of directors pursuant to paragraph (1) shall not result in any of the following:\n(A) The appointment of three directors that are all employed by or representatives of entities that are all large water purveyors.\n(B) The appointment of three directors that are all employed by or representatives of entities that are all cities.\n(C) The appointment of three directors that are all employed by or representatives of entities that are all small water purveyors.\n(3) Each nominee for director who receives the highest number of votes cast for each office described in paragraph (1) is appointed as a director to the board of directors and shall take office in accordance with Section 71512. The general manager shall collect the votes and report the results to the water purveyors. Votes for an appointed director are public records.\n(d) Each appointed director shall live or work within the district.\n(e) In order to ensure continuity of knowledge, the directors appointed at the first purveyor selection shall classify themselves by lot so that two of them shall hold office until the selection of their successors at the first succeeding purveyor selection and one of them shall hold office until the selection of his or her successor at the second succeeding purveyor selection.\n(f) (1) The term of a director appointed pursuant to subparagraph (A) of paragraph (1) of subdivision (c) is terminated if the appointed director no longer is employed by or a representative of a large water purveyor.\n(2) The term of a director appointed pursuant to subparagraph (B) of paragraph (1) of subdivision (c) is terminated if the appointed director no longer is employed by or a representative of a city.\n(3) The term of a director appointed pursuant to subparagraph (C) of paragraph (1) of subdivision (c) is terminated if the appointed director no longer is employed by or a representative of a water purveyor.\n(g) (1) An appointed director shall not do any of the following:\n(A) Hold an elected office.\n(B) Hold more than 0.5 percent ownership in a company regulated by the Public Utilities Commission.\n(C) Hold more than one consecutive term of office on the board.\n(2) An appointed director shall be subject to all applicable conflict-of-interest and ethics provisions and shall recuse himself or herself from participating in a decision that could have a direct material benefit on the financial interests of the director.\n(h) A vacancy in an office of appointed director shall be filled in accordance with the selection process described in subdivisions (a) to (c), inclusive.\n(i) (1) An appointed director shall be eligible for all of the following:\n(A) Reimbursement for travel and conference expenses pursuant to the Central Basin Municipal Water District Administrative Code.\n(B) Compensation for up to 10 meetings per month at the per meeting rate provided by the Central Basin Municipal Water District Administrative Code.\n(C) Health insurance benefits, if those benefits are not provided by the director\u2019s employer.\n(2) An appointed director shall not be eligible to receive communication or car allowances. For purposes of this paragraph, \u201ccar allowances\u201d does not include travel expenses incurred as described in paragraph (1).\n(3) An appointed director may waive the reimbursement and compensation described in paragraph (1) and may be required to reimburse his or her employer for any compensation received.\nSEC. 2.\nIf 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.\nSEC. 3.\nThis act shall only become operative if Senate Bill 953 of the 2015\u201316 Regular Session is enacted and becomes effective.","title":""}
{"_id":"c340","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 5272.2 is added to the Business and Professions Code, to read:\n5272.2.\n(a) With the exception of Article 4 (commencing with Section 5300) and Sections 5400 to 5404, inclusive, this chapter does not apply to any advertising display located in the geographic area in the City of Los Angeles bounded by Wilshire Boulevard on the northeast, S. Figueroa Street on the southeast, Interstate 10 on the southwest, and State Route 110 on the northwest, or to any advertising display located in the geographic area in the City of Los Angeles on the westerly side of State Route 110 bounded by West 8th Place, James M. Wood Boulevard, and Golden Avenue, if all of the following conditions are met:\n(1) The advertising display is authorized by, or in accordance with, an ordinance, including, but not limited to, a specific plan or sign district, adopted by the City of Los Angeles that regulates advertising displays by identifying the specific displays or establishing regulations that include, at a minimum, all of the following:\n(A) Number of signs and total signage area allowed.\n(B) Maximum individual signage area.\n(C) Minimum sign separation.\n(D) Illumination restrictions and regulations, including signage refresh rate, scrolling, and brightness.\n(E) Illuminated sign hours of operation.\n(2) The owner of the advertising display has submitted to the department a copy of the ordinance adopted by the City of Los Angeles authorizing the advertising display and identification of the provisions of the ordinance required under paragraph (1) and the department has certified that the ordinance meets the minimum requirements contained in paragraph (1).\n(3) The advertising display will not advertise products, goods, or services related to tobacco, firearms, or sexually explicit material.\n(4) (A) Except as otherwise provided in subparagraph (B), there shall be at least 500 feet between any two advertising displays located on the same side of the freeway unless the advertising displays are separated by buildings or other obstructions in a manner that only one of the advertising displays is visible from any given location on the freeway. For purposes of determining compliance with the spacing requirement, the distance between advertising displays shall be measured along the nearest edge of pavement between points directly opposite the advertising displays along each side of the freeway.\n(B) The spacing requirement in subparagraph (A) does not apply to an advertising display that advertises only the business conducted, services rendered, or goods produced and sold upon the property upon which the advertising display is located and that, accordingly, is not subject to the requirements of this chapter.\n(C) When counting the number of advertising displays and measuring the distance between them 0 1em 0;\">(B) Make a message center display not subject to this section that is under the control of the owner of the advertising display available on a space-available basis for public service messages in a location acceptable to the department and the Department of the California Highway Patrol.\n(C) Provide funding to the department for the installation of a message center display to accommodate those public service messages, which may include funding as part of mitigation in connection with the approval of development of the property on which the message center display is located by the City of Los Angeles.\n(b) (1) Before the advertising display authorized pursuant to subdivision (a) may be placed, the department shall determine that the display will not cause a reduction in federal aid funds or otherwise be inconsistent with any federal law, regulation, or agreement between the state and a federal agency or department.\n(2) If the department is unable to make the determination required pursuant to paragraph (1), the department shall request the Federal Highway Administration (FHWA) of the United States Department of Transportation to make the determination. Upon receipt of a determination by the FHWA that makes the finding described in paragraph (1), the advertising display may be placed.\n(c) The City of Los Angeles shall have primary responsibility for ensuring that a display authorized pursuant to subdivision (a) remains in conformance with all provisions of the ordinance and of this section. If the City of Los Angeles fails to ensure that the display remains in conformance with all provisions of the ordinance and of this section after 30 days of receipt of a written notice from the department, the City of Los Angeles shall hold the department harmless and indemnify the department for all costs incurred by the department to ensure compliance with the ordinance and this section or to defend actions challenging the adoption of the ordinance allowing the displays.\nSEC. 2.\nDue to unique circumstances concerning the locations of the advertising displays, or proposed advertising displays, set forth in this act and the need for advertising in those locations, it is necessary that an exemption from some of the provisions of the Outdoor Advertising Act be provided for those displays, and the Legislature finds and declares that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution.","title":""}
{"_id":"c435","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nThe Legislature finds and declares all of the following:\n(a) Chapter 728 of the Statutes of 2008 (SB 375) supports the goals of the California Global Warming Solutions Act of 2006 (AB 32) by requiring each of the state\u2019s 18 metropolitan areas to reduce greenhouse gas emissions from cars and light trucks. SB 375 calls on each metropolitan area to develop a sustainable communities strategy (SCS) to accommodate future population growth and reduce greenhouse gas emissions.\n(b) One of the major components of SB 375 is to coordinate the regional housing needs allocation process with the regional transportation process while maintaining local authority over land use decisions. Thus, local officials are key decisionmakers in how the provisions of SB 375 are ultimately implemented.\n(c) The nine-county Bay Area metropolitan area SCS, Plan Bay Area, was adopted in 2013 through a cooperative effort of the Metropolitan Transportation Commission (MTC) and the Association of Bay Area Governments (ABAG). The Bay Area is expected to grow by 2,000,000 people over the next 25 years.\n(d) Plan Bay Area provides a strategy for meeting 80 percent of the region\u2019s future housing needs in priority development areas (PDAs). These are neighborhoods within walking distance of frequent transit service, offering a wide variety of housing options, and featuring amenities such as grocery stores, community centers, open space, and restaurants.\n(e) There is a direct relationship between development planning for population growth in PDAs and the provision of open space and other amenities in these areas that will be required to support projected growth. San Francisco, like most cities, aims to provide adequate quality open space for the broader public health and quality of life of its citizens and workforce. As new development occurs, it serves additional residents and employees, who, in turn, require new, or expanded and enhanced, open space.\n(f) A 2014 San Francisco Citywide Nexus Analysis documents this direct relationship between projected population growth and the cost of new open-space infrastructure to support growth. Providing recreation and open space, such as baseball diamonds, soccer fields, parks, playgrounds, tennis courts, flower gardens, community gardens, and greenways, is a capital intensive undertaking, especially in San Francisco where land availability is low and land prices are high.\n(g) To meet the goals of SB 375, more of the future development is planned to be walkable and bikeable and close to public transit, jobs, schools, shopping, parks, recreation, and other amenities. Many of San Francisco\u2019s PDAs are located in areas of San Francisco that both lack open space and are home to most of the city\u2019s freeways. There are many parcels and\nright-of-ways\nrights-of-way\nbeneath and adjacent to these freeways and within PDAs that could be used for open-space purposes, yet currently the cost of leasing those lands from the Department of Transportation (Caltrans) is prohibitively high.\n(h) Thus, one strategy for supporting statewide SB 375 goals is to decrease the cost of providing additional open space by decreasing the cost of land. An innovative intergovernmental partnership would engage Caltrans in low-cost leases with San Francisco for areas under the freeways that overlap with PDAs and San Francisco would, in turn, take on the cost of building and maintaining much-needed new open space on those lands to support and accommodate future population growth and reduce greenhouse gas emissions.\n(i) San Francisco has already demonstrated the viability of open-space uses under Caltrans freeways through various completed and successful projects. In the Mission Bay Area, San Francisco operates several recreational uses under Interstate 280, including volleyball and basketball courts, as well as pedestrian walkways. In the SoMa West area under the Route 101 Central Freeway, San Francisco leased two Caltrans parcels and built a very popular dog park and skatepark. The leases for these projects, which San Francisco negotiated carefully in partnership with Caltrans, could serve as models for a framework of more financially feasible open-space projects.\n(j) With an under-freeway open-space framework in place, San Francisco could more readily meet its SB 375 goals. If this lower land cost opportunity was established, the under-freeway open-space projects could become financially feasible and San Francisco would be able to localize the decisionmaking process for these new open-space uses. This would allow San Francisco the flexibility to coordinate and plan locally and to more comprehensively plan to accommodate future population growth and reduce greenhouse gas emissions.\nSEC. 2.\nSection 104.16 of the Streets and Highways Code is amended to read:\n104.16.\n(a) (1) Any airspace under a freeway, or real property acquired for highway purposes, in the City and County of San Francisco, that is not excess property, may be leased by the department to the city and county or a political subdivision of the city and county or a state agency for purposes of an emergency shelter or feeding program.\n(2) Any airspace under or adjacent to a freeway, or other real property acquired for highway purposes, in the City and County of San Francisco, which is not excess property and is within a priority development area, shall be leased on a first right of refusal basis by the department to the city and county, a political subdivision of the city and county, or a state agency for park, recreational, or open-space purposes.\n(b) (1) The lease amount for emergency shelter or feeding programs shall be for one dollar ($1) per month.\n(2) For up to 10 parcels, the lease amount for park, recreational, or open-space purposes shall be 10 percent or less of the average fair market lease value of the applicable parcel.\n(3) With respect to a lease for an emergency shelter or feeding program or for park, recreational, or open-space purposes, the lease amount may be paid in advance of the term covered in order to reduce the administrative costs associated with the payment of the monthly rental fee. The lease shall require the payment of an administrative fee not to exceed five hundred dollars ($500) per year, unless the department determines that a higher administrative fee is necessary, for the department\u2019s cost of administering the lease.\n(c) In the case of a lease for park, recreational, or open-space purposes, the lease shall require the lessee to fund and construct associated infrastructure, and to accept full responsibility for liability associated to the uses, except as otherwise provided in the lease. The lease shall require the lessee to be responsible for all nonhighway-related maintenance costs associated with those uses, except as otherwise provided in the lease. The lease shall authorize the lessee, at its discretion, to subsidize its associated maintenance costs through generation of revenue under a limited revenue generation model, such as from retail use located on or contiguous to the leased property, if any revenues generated that exceed the associated maintenance costs are shared with the state, at a rate not less than 50 percent of those excess revenues, with that amount to be deposited in the State Highway Account.\n(d) As used in this section, \u201cpriority development area\u201d means\na neighborhood within walking distance of frequent transit service that offers a wide variety of housing options and that features various amenities, including grocery stores, community centers, open space, and restaurants.\nan area identified in a sustainable communities strategy\ndeveloped pursuant to Section 65080 of the Government Code.\n(e) The Legislature finds and declares that the lease of real property pursuant to this section serves a public purpose.","title":""}
{"_id":"c21","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nArticle 11 (commencing with Section 9149.30) is added to Chapter 1.5 of Part 1 of Division 2 of Title 2 of the Government Code, to read:\nArticle  11. Legislative Employee Whistleblower Protection Act\n9149.30.\nThis article shall be known and may be cited as the Legislative Employee Whistleblower Protection Act.\n9149.31.\nThe Legislature finds and declares that legislative employees should be free to report ethical violations without fear of retribution.\n9149.32.\nFor the purposes of this article, the following terms have the following meanings:\n(a) \u201cLegislative employee\u201d means an individual, other than a Member of either house of the Legislature, who is currently employed by either house of the Legislature.\n(b) \u201cProtected disclosure\u201d means the filing of a complaint with any of the following:\n(1) The Joint Legislative Ethics Committee pursuant to Section 8944, alleging a violation by a member of the Legislature.\n(2) The Senate Committee on Legislative Ethics, alleging that a Member, officer, or employee of the Senate violated any standard of conduct, as defined by the standing rules of the Senate.\n(3) The Assembly Legislative Ethics Committee, alleging that a Member of the Assembly violated any standard of conduct, as defined by the standing rules of the Assembly.\n(4) The Assembly Rules Committee, alleging that an employee of the Assembly violated Article 2 of Chapter 1 of this part.\n(5) An ethics ombudsperson designated by either house of the Legislature to receive information about potential ethical violations.\n(c) \u201cUse of official authority or influence\u201d includes promising to confer, or conferring, any benefit; effecting, or threatening to effect, any reprisal; or taking, or directing others to take, or recommending, processing, or approving, any personnel action, including appointment, promotion, transfer, assignment, performance evaluation, suspension, or other disciplinary action.\n9149.33.\n(a) A Member of the Legislature or legislative employee shall not directly or indirectly use or attempt to use that person\u2019s official authority or influence to intimidate, threaten, coerce, or command, or attempt to intimidate, threaten, coerce, or command, a legislative employee for the purpose of interfering with the right of the legislative employee to make a protected disclosure.\n(b) Except to the extent that a Member of the Legislature is immune from liability under the doctrine of legislative immunity, a person who violates this section is subject to a fine not to exceed ten thousand dollars ($10,000) and imprisonment in a county jail for a period not to exceed one year.\n(c) In addition to all other penalties provided by law, except to the extent that a Member of the Legislature is immune from liability under the doctrine of legislative immunity, a person who violates this section is liable in a civil action for damages brought by a legislative employee.\n(d) This section shall not be construed to authorize an individual to disclose information otherwise prohibited by or under law.\n(e) This section is not intended to prevent a supervisor, manager, or other officer of the Legislature from taking, directing others to take, recommending, or approving any personnel action or from taking or failing to take a personnel action with respect to any legislative employee if the supervisor, manager, or other officer reasonably believes any action or inaction is justified on the basis of evidence separate from the fact that the person has made a protected disclosure.\n9149.34.\nA legislative employee may file a written complaint with his or her supervisor or manager, or with any other officer designated by the house of the Legislature by which he or she is employed, alleging actual or attempted acts of reprisal, retaliation, threats, coercion, or similar improper acts prohibited by Section 9149.33 for having made a protected disclosure. The complaint, together with a sworn statement under penalty of perjury that the contents of the complaint are true, or are believed by the affiant to be true, shall be filed within one year of the most recent improper act complained about.\n9149.35.\n(a) Except to the extent that a Member of the Legislature is immune from liability under the doctrine of legislative immunity, a person who intentionally engages in acts of reprisal, retaliation, threats, coercion, or similar acts against a legislative employee for having made a protected disclosure is subject to a fine not to exceed ten thousand dollars ($10,000) and imprisonment in a county jail for a period not to exceed one year.\n(b) For purposes of this section, \u201clegislative employee\u201d includes a former employee of the Legislature\nif the complaint is filed within one year of the most recent improper act complained about\n.\n9149.36.\n(a) In addition to all other penalties provided by law, except to the extent that a Member of the Legislature is immune from liability under the doctrine of legislative immunity, a person who intentionally engages in acts of reprisal, retaliation, threats, coercion, or similar acts against a legislative employee for having made a protected disclosure is liable in a civil action for damages brought by a legislative employee.\n(b) (1) In any civil action, once it has been demonstrated by a preponderance of the evidence that an activity protected by this article was a contributing factor in the alleged retaliation against a legislative employee, the burden of proof is on the offending party to demonstrate by clear and convincing evidence that the alleged action would have occurred for legitimate, independent reasons even if the legislative employee had not made a protected disclosure.\n(2) Punitive damages may be awarded by the court if the acts of the offending party are proven to be malicious. If liability is established, the injured party is also entitled to reasonable attorney\u2019s fees as provided by law.\n(c) A legislative employee is not required to file a complaint pursuant to Section 9149.34 before bringing an action for civil damages.\n(d) This section is not intended to prevent a supervisor, manager, or other officer of the Legislature from taking, directing others to take, recommending, or approving any personnel action or from taking or failing to take a personnel action with respect to any legislative employee if the supervisor, manager, or other officer reasonably believes any action or inaction is justified on the basis of evidence separate and apart from the fact that the person has made a protected disclosure.\n(e) For purposes of this section, \u201clegislative employee\u201d includes a former employee of the Legislature\nif the complaint is filed within one year of the most recent improper act complained about\n.\n9149.37.\nThis article does not diminish the rights, privileges, or remedies of a legislative employee under any other federal or state law.\nSEC. 2.\nNo reimbursement is required by this act pursuant to Section 6 of Article XIII\u2009B 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\u2009B of the California Constitution.","title":""}
{"_id":"c432","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nThe Legislature finds and declares all of the following:\n(a) California relies on three separate state agencies to administer and enforce its major taxes.\n(b) To obtain assistance and comply with California\u2019s tax laws, policies, and procedures, many taxpayers must interact with all three agencies, and frequently with multiple departments within those agencies.\n(c) While this system has performed reasonably well in many respects, the multiagency nature of the system is prone to certain inherent problems, difficulties, and inefficiencies, and is particularly complex for taxpayers required to comply with California\u2019s tax laws.\n(d) Over the past decades, numerous reports have been prepared and various legislative proposals have been considered on the topic of coordination and cooperation among these three agencies. The focus of these efforts range from relatively minor aspects of increased cooperation to proposals for full consolidation of the agencies under \u201cone roof.\u201d\n(e) Focusing on the customer should be a core element of California\u2019s tax administration. Taxpayers should not have to understand complex government structures and relationships in order to interact with the government, particularly in a sensitive area like taxes.\n(f) The California Tax Service Center, available at www.taxes.ca.gov, provides an assortment of independent departmental forms, returns, and links, tied together by a common homepage on the Internet, and is intended to provide California taxpayers with resources and educational programs with a goal as a one-stop tax assistance hub.\n(g) The California Tax Service Center can be used to better serve California\u2019s taxpaying community by virtually consolidating the three agencies\u2019 operations to enable them to appear as one unified organization with the goal of providing a seamless experience for taxpayers in their online interactions with the agencies.\n(h) It is therefore in California\u2019s best interest to develop an Internet Web-based, taxpayer-focused system that virtually consolidates the State Board of Equalization, the Franchise Tax Board, and the Employment Development Department. In developing a taxpayer-focused system, the fundamental objective should be a platform that provides an integrated experience for taxpayers, to enable online self-service access with a single logon for all three agencies, and to provide pertinent and essential information that will enable taxpayers to satisfy their payment and reporting obligations, obtain real-time information pertinent to their individual accounts, and provide assistance that will enable taxpayers to achieve optimum compliance with California\u2019s complex tax system.\nSEC. 2.\nSection 39 is added to the Revenue and Taxation Code, to read:\n39.\n(a) (1) On or before January 1, 2017, the board, the Franchise Tax Board, and the Employment Development Department shall collaborate and focus their current and future information technology efforts to conduct a feasibility study on the development of a single Internet Web-based portal that virtually consolidates the agencies to enable online, self-service access through a single logon for taxpayers to electronically file returns, submit forms or other information, determine account balances and due dates of taxes, remit amounts due, identify the status of any appeal, claim for refund, request for relief of interest or penalty, and any other information the agencies deem helpful to the taxpayer to assist in compliance with the state\u2019s tax laws. The feasibility study shall consider the California Tax Service Center Internet Web site in its analysis.\n(2) The feasibility study shall be conducted with the existing budgets of the board, the Franchise Tax Board, and the Employment Development Department. An appropriation shall not be made by the Legislature to fund the feasibility study.\n(3) The feasibility study shall be submitted to the Legislature no later than six months after the study is completed and shall be submitted in compliance with Section 9795 of the Government Code.\n(4) This subdivision shall become inoperative on January 1, 2020, pursuant to Section 10231.5 of the Government Code.\n(b) As part of this effort, upon a joint determination by the agencies that a need exists to improve cost-effective services to taxpayers and an appropriation by the Legislature, these agencies shall also consolidate forms, applications, and other documents to reduce or eliminate the number of multiple submissions of the same information by taxpayers.\nSECTION 1.\nSection 34 of the\nRevenue and Taxation Code\nis amended to read:\n34.\nWhenever an amount of money paid by a person to the state or any of its agencies includes a sum that can be identified as in fact intended as payment of a locally administered tax that should have been paid directly to a city, city and county, county or district within the state, the state or its agency may pay the amount to the local government entitled thereto and notify the payor of its action. This procedure, however, shall not be followed by the state or any of its agencies unless the governing body of the local government concerned has, by resolution, agreed with respect to those payments that a timely payment received by the state or its agency will be regarded as a timely payment to the local government concerned, and that it will process all claims with respect to that payment in the same manner as though the payment had been made to it in the first instance.","title":""}
{"_id":"c14","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\n(a) The Legislature finds and declares that it is the policy of the State of California to ensure that all persons have the full benefit of the rights, penalties, remedies, forums, and procedures established by the Unruh Civil Rights Act and that individuals shall not be deprived of those rights, penalties, remedies, forums, or procedures through the use of involuntary or coerced waivers.\n(b) It is the purpose of this act to ensure that a contract to waive any of the rights, penalties, remedies, forums, or procedures under the Unruh Civil Rights Act, including any provision that has the effect of limiting the full application or enforcement of any right, remedy, forum, or procedure available under the Unruh Civil Rights Act, is a matter of voluntary consent, not coercion.\nSEC. 2.\nSection 51 of the Civil Code is amended to read:\n51.\n(a) This section shall be known, and may be cited, as the Unruh Civil Rights Act.\n(b) All persons within the jurisdiction of this state are free and equal, and no matter what their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever.\n(c) This section shall not be construed to confer any right or privilege on a person that is conditioned or limited by law or that is applicable alike to persons of every sex, color, race, religion, ancestry, national origin, disability, medical condition, marital status, sexual orientation, citizenship, primary language, or immigration status, or to persons regardless of their genetic information.\n(d) Nothing in this section shall be construed to require any construction, alteration, repair, structural or otherwise, or modification of any sort whatsoever, beyond that construction, alteration, repair, or modification that is otherwise required by other provisions of law, to any new or existing establishment, facility, building, improvement, or any other structure, nor shall anything in this section be construed to augment, restrict, or alter in any way the authority of the State Architect to require construction, alteration, repair, or modifications that the State Architect otherwise possesses pursuant to other laws.\n(e) For purposes of this section:\n(1) \u201cDisability\u201d means any mental or physical disability as defined in Sections 12926 and 12926.1 of the Government Code.\n(2) (A) \u201cGenetic information\u201d means, with respect to any individual, information about any of the following:\n(i) The individual\u2019s genetic tests.\n(ii) The genetic tests of family members of the individual.\n(iii) The manifestation of a disease or disorder in family members of the individual.\n(B) \u201cGenetic information\u201d includes any request for, or receipt of, genetic services, or participation in clinical research that includes genetic services, by an individual or any family member of the individual.\n(C) \u201cGenetic information\u201d does not include information about the sex or age of any individual.\n(3) \u201cMedical condition\u201d has the same meaning as defined in subdivision (i) of Section 12926 of the Government Code.\n(4) \u201cReligion\u201d includes all aspects of religious belief, observance, and practice.\n(5) \u201cSex\u201d includes, but is not limited to, pregnancy, childbirth, or medical conditions related to pregnancy or childbirth. \u201cSex\u201d also includes, but is not limited to, a person\u2019s gender. \u201cGender\u201d means sex, and includes a person\u2019s gender identity and gender expression. \u201cGender expression\u201d means a person\u2019s gender-related appearance and behavior whether or not stereotypically associated with the person\u2019s assigned sex at birth.\n(6) \u201cSex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status\u201d includes a perception that the person has any particular characteristic or characteristics within the listed categories or that the person is associated with a person who has, or is perceived to have, any particular characteristic or characteristics within the listed categories.\n(7) \u201cSexual orientation\u201d has the same meaning as defined in subdivision (s) of Section 12926 of the Government Code.\n(f) A violation of the right of any individual under the federal Americans with Disabilities Act of 1990 (Public Law 101-336) shall also constitute a violation of this section.\n(g) Verification of immigration status and any discrimination based upon verified immigration status, where required by federal law, shall not constitute a violation of this section.\n(h) Nothing in this section shall be construed to require the provision of services or documents in a language other than English, beyond that which is otherwise required by other provisions of federal, state, or local law, including Section 1632.\n(i) (1) A person shall not require another person to waive any legal right, penalty, remedy, forum, or procedure for a violation of this section, as a condition of entering into a contract for goods or services, including the right to file and pursue a civil action or complaint with, or otherwise notify, the Attorney General or any other public prosecutor, or law enforcement agency, the Department of Fair Employment and Housing, or any court or other governmental entity.\n(2) A person shall not refuse to enter into a contract with, or refuse to provide goods or services to, another person on the basis that the other person refuses to waive any legal right, penalty, remedy, forum, or procedure for a violation of this section, including the right to file and pursue a civil action or complaint with, or otherwise notify, the Attorney General or any other public prosecutor, or law enforcement agency, the Department of Fair Employment and Housing, or any other governmental entity.\n(3) Any waiver of any legal right, penalty, remedy, forum, or procedure for a violation of this section, including the right to file and pursue a civil action or complaint with, or otherwise notify, the Attorney General or any other public prosecutor, or law enforcement agency, the Department of Fair Employment and Housing, or any other governmental entity shall be knowing and voluntary, and in writing, and expressly not made as a condition of entering into a contract for goods or services or as a condition of providing or receiving goods and services. This paragraph shall not affect any legal right, penalty, forum, or procedure for which state or federal law prohibits waiver.\n(4) Any waiver of any legal right, penalty, remedy, forum, or procedure for a violation of this section that is required as a condition of entering into a contract for goods or services shall be deemed involuntary, unconscionable, against public policy, and unenforceable. Nothing in this subdivision shall affect the enforceability or validity of any other provision of the contract.\n(5) Any person who seeks to enforce a waiver of any legal right, penalty, remedy, forum, or procedure for a violation of this section shall have the burden of proving that the waiver was knowing and voluntary and not made as a condition of the contract or of providing or receiving the goods or services.\n(6) This subdivision shall apply to any agreement to waive any legal right, penalty, remedy, forum, or procedure for a violation of this section, including an agreement to accept private arbitration, entered into, altered, modified, renewed, or extended on or after January 1, 2017.\n(7) In addition to injunctive relief and any other remedies available, a court may award a plaintiff enforcing his or her rights under this section reasonable attorney\u2019s fees.\n(8) The provisions of this subdivision 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.\n(j) Nothing in this section shall prohibit a person from knowingly and voluntarily entering into binding arbitration.","title":""}
{"_id":"c462","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nThe Legislature finds and declares all of the following:\n(a) While ensuring that quality education for all of California\u2019s schoolchildren is a shared responsibility of the general public, it is foremost the duty of individual parents.\n(b) Providing tax relief for citizens who shoulder an extra weight in pursuit of the common good has long been considered sound public policy.\n(c) Every school year, kindergarten and grades 1 to 12, inclusive, parents across California pay at their own expense to obtain vital educational resources and services that are essential to those children entrusted to their parents\u2019 care.\n(d) Financial pressures weighing upon California families have also made it difficult to ensure for their children a quality elementary and secondary education while at the same time generating funds for college.\n(e) State education tax relief can help empower and engage low- and middle-income families in personally caring for their own schoolchildren\u2019s kindergarten through high school learning needs and generate funds for college.\nSEC. 2.\nSection 17072 of the Revenue and Taxation Code is amended to read:\n17072.\n(a) Section 62 of the Internal Revenue Code, relating to adjusted gross income defined, shall apply, except as otherwise provided.\n(b) Section 62(a)(2)(D) of the Internal Revenue Code, relating to certain expenses of elementary and secondary school teachers, shall not apply.\n(c) Section 62(a)(21) of the Internal Revenue Code, relating to attorneys fees relating to awards to whistleblowers, shall not apply.\n(d) Section 62(a) of the Internal Revenue Code is modified to provide that the deduction under Section 17208 shall be allowed in determining adjusted gross income.\n(e) Section 62(a) of the Internal Revenue Code is modified to provide that the deduction under Section 17208.2 shall be allowed in determining adjusted gross income.\nSEC. 3.\nSection 17208 is added to the Revenue and Taxation Code, to read:\n17208.\n(a) Notwithstanding any other provision of this part or Part 11 (commencing with Section 23001) to the contrary, for each taxable year beginning on or after January 1, 2016, and before January 1, 2021, a deduction shall be allowed for an amount contributed by a taxpayer during the taxable year to a Coverdell education savings account, not to exceed seven hundred fifty dollars ($750) per taxable year, except as otherwise provided in this section.\n(b) For purposes of this section, \u201cCoverdell education savings account\u201d shall have the same meaning as that term is defined by Section 530 of the Internal Revenue Code, as modified by Section 23712.\n(c) For purposes of applying Section 530 of the Internal Revenue Code, relating to Coverdell education savings accounts, the basis of the Coverdell education savings account shall be reduced by any amount deducted pursuant to this section.\n(d) This section shall be repealed on December 1, 2021.\nSEC. 4.\nSection 17208.2 is added to the Revenue and Taxation Code, to read:\n17208.2.\n(a) For each taxable year beginning on or after January 1, 2016, and before January 1, 2021, there shall be allowed as a deduction an amount equal to the qualified amount that was paid or incurred for qualified education-related expenses for one or more dependent children by a qualified taxpayer during the taxable year.\n(b) For the purposes of this section, the following definitions shall apply:\n(1) \u201cDependent children\u201d means one or more children, as defined in Section 152(f)(1) of the Internal Revenue Code, relating to child defined, who meet all of the following requirements:\n(A) Attend kindergarten or any of grades 1 to 12, inclusive, in California at a public, charter, or private school that has a current private school affidavit on file with the State Department of Education in the taxable year.\n(B) Are deemed a full-time pupil in accordance with the compulsory education requirements of Sections 48200 or 48222 of the Education Code.\n(C) Are under 21 years of age at the end of the school year.\n(D) Meet the requirements of Section 152(c)(1)(D) and (E) of the Internal Revenue Code.\n(E) Are claimed as the dependent children on the original, timely filed return of the qualified taxpayer.\n(2) \u201cQualified amount\u201d means the amount paid or incurred for qualified education-related expenses, not to exceed the amount specified in subdivision (c).\n(3) (A) \u201cQualified education-related expenses\u201d means the kindergarten or any of grades 1 to 12, inclusive, costs of any of the following: the rental or purchase of educational equipment required for classes during the regular school day; computers, computer hardware, and educational computer software used to learn academic subjects; fees for college courses at public institutions or independent nonprofit colleges, or for summer school courses that satisfy high school graduation requirements; psychoeducational diagnostic evaluations to assess the cognitive and academic abilities of dependent children; special education and related services for dependent children who have an individualized education program or its equivalent; out-of-school enrichment programs, tutoring, and summer programs that are academic in nature; and public transportation or third-party transportation expenses for traveling directly to and from school.\n(B) \u201cQualified education-related expenses\u201d shall not include any expenses for the items described in subparagraph (A) that also are used in a trade or business.\n(4) \u201cQualified taxpayer\u201d means a parent or legal guardian of one or more dependent children who meet all of the following requirements:\n(A) Both the dependent children and the parent or guardian reside in California when the qualified education-related expenses are paid or incurred.\n(B) (i) The household income does not exceed 250 percent of the federal Income Eligibility Guidelines published by the Food and Nutrition Service of the United States Department of Agriculture for use in determining eligibility for reduced price meals.\n(ii) \u201cHousehold income\u201d means adjusted gross income as defined in Section 62 of the Internal Revenue Code.\n(c) The total deduction allowed under this section to a qualified taxpayer shall not exceed two thousand five hundred dollars ($2,500) in a taxable year. If more than one qualified taxpayer may be allowed this deduction for dependent children, including a qualified taxpayer filing a joint return, the sum of all deductions allowed under this section for those dependent children shall not exceed two thousand five hundred dollars ($2,500) in a taxable year.\n(d) (1) The Franchise Tax Board may prescribe rules, standards, criteria, guidelines, procedures, determinations, or notices necessary or appropriate to carry out the purposes of this section.\n(2) The Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) shall not apply to any rule, standard, criterion, guideline, procedure, determination, or notice established or issued by the Franchise Tax Board pursuant to this section.\n(e) This section shall be repealed on December 1, 2021.\nSEC. 5.\nThis act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect.","title":""}
{"_id":"c356","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 6027 of the Penal Code is amended to read:\n6027.\n(a) The Board of State and Community Corrections shall collect and maintain available information and data about state and community correctional policies, practices, capacities, and needs, including, but not limited to, prevention, intervention, suppression, supervision, and incapacitation, as they relate to both adult corrections, juvenile justice, and gang problems. The board shall seek to collect and make publicly available up-to-date data and information reflecting the impact of state and community correctional, juvenile justice, and gang-related policies and practices enacted in the state, as well as information and data concerning promising and evidence-based practices from other jurisdictions.\n(b) Consistent with subdivision (c) of Section 6024, the board shall also:\n(1) Develop recommendations for the improvement of criminal justice and delinquency and gang prevention activity throughout the state.\n(2) Identify, promote, and provide technical assistance relating to evidence-based programs, practices, and promising and innovative projects consistent with the mission of the board.\n(3) Develop definitions of key terms, including, but not limited to, \u201crecidivism,\u201d \u201caverage daily population,\u201d \u201ctreatment program completion rates,\u201d and any other terms deemed relevant in order to facilitate consistency in local data collection, evaluation, and implementation of evidence-based practices, promising evidence-based practices, and evidence-based programs. In developing these definitions, the board shall consult with the following stakeholders and experts:\n(A) A county supervisor or county administrative officer, selected after conferring with the California State Association of Counties.\n(B) A county sheriff, selected after conferring with the California State Sheriffs\u2019 Association.\n(C) A chief probation officer, selected after conferring with the Chief Probation Officers of California.\n(D) A district attorney, selected after conferring with the California District Attorneys Association.\n(E) A public defender, selected after conferring with the California Public Defenders Association.\n(F) The Secretary of the Department of Corrections and Rehabilitation.\n(G) A representative from the Administrative Office of the Courts.\n(H) A representative from a nonpartisan, nonprofit policy institute with experience and involvement in research and data relating to California\u2019s criminal justice system.\n(I) A representative from a nonprofit agency providing comprehensive reentry services.\n(4) Receive and disburse federal funds, and perform all necessary and appropriate services in the performance of its duties as established by federal acts.\n(5) Develop comprehensive, unified, and orderly procedures to ensure that applications for grants are processed fairly, efficiently, and in a manner consistent with the mission of the board.\n(6) Identify delinquency and gang intervention and prevention grants that have the same or similar program purpose, are allocated to the same entities, serve the same target populations, and have the same desired outcomes for the purpose of consolidating grant funds and programs and moving toward a unified single delinquency intervention and prevention grant application process in adherence with all applicable federal guidelines and mandates.\n(7) Cooperate with and render technical assistance to the Legislature, state agencies, units of general local government, combinations of those units, or other public or private agencies, organizations, or institutions in matters relating to criminal justice and delinquency prevention.\n(8) Develop incentives for units of local government to develop comprehensive regional partnerships whereby adjacent jurisdictions pool grant funds in order to deliver services, such as job training and employment opportunities, to a broader target population, including at-risk youth, and maximize the impact of state funds at the local level.\n(9) Conduct evaluation studies of the programs and activities assisted by the federal acts.\n(10) Identify and evaluate state, local, and federal gang and youth violence suppression, intervention, and prevention programs and strategies, along with funding for those efforts. The board shall assess and make recommendations for the coordination of the state\u2019s programs, strategies, and funding that address gang and youth violence in a manner that maximizes the effectiveness and coordination of those programs, strategies, and resources. By January 1, 2014, the board shall develop funding allocation policies to ensure that within three years no less than 70 percent of funding for gang and youth violence suppression, intervention, and prevention programs and strategies is used in programs that utilize promising and proven evidence-based principles and practices. The board shall communicate with local agencies and programs in an effort to promote the best evidence-based principles and practices for addressing gang and youth violence through suppression, intervention, and prevention.\n(11) The board shall collect from each county the plan submitted pursuant to Section 1230.1 within two months of adoption by the county boards of supervisors. Commencing January 1, 2013, and annually thereafter, the board shall collect and analyze available data regarding the implementation of the local plans and other outcome-based measures, as defined by the board in consultation with the Administrative Office of the Courts, the Chief Probation Officers of California, and the California State Sheriffs\u2019 Association. By July 1, 2013, and annually thereafter, the board shall provide to the Governor and the Legislature a report on the implementation of the plans described above.\n(12) Commencing on and after July 1, 2012, the board, in consultation with the Administrative Office of the Courts, the California State Association of Counties, the California State Sheriffs\u2019 Association, and the Chief Probation Officers of California, shall support the development and implementation of first phase baseline and ongoing data collection instruments to reflect the local impact of Chapter 15 of the Statutes of 2011, specifically related to dispositions for felony offenders and postrelease community supervision. The board shall make any data collected pursuant to this paragraph available on the board\u2019s Internet Web site. It is the intent of the Legislature that the board promote collaboration and the reduction of duplication of data collection and reporting efforts where possible.\n(13) Commencing on and after July 1, 2016, the board, in consultation with the Administrative Office of the Courts,\nthe California District Attorneys Association,\nthe California State Association of Counties, the California State Sheriffs\u2019 Association, and the Chief Probation Officers of California, shall collect and analyze data regarding recidivism rates of all persons who receive a sentence pursuant to paragraph (2) or (5) of subdivision (h) of Section 1170 or who are placed on postrelease community supervision on or after July 1, 2016. The data shall include, as it becomes available, recidivism rates for these offenders one, two, and three years after their release in the community. The board shall make any data collected pursuant to this paragraph available on the board\u2019s Internet Web site on a quarterly basis beginning on September 1, 2017. As used in this paragraph, the term \u201crecidivism\u201d shall have the same meaning as the definition of the term developed pursuant to paragraph (3).\n(c) The board may do either of the following:\n(1) Collect, evaluate, publish, and disseminate statistics and other information on the condition and progress of criminal justice in the state.\n(2) Perform other functions and duties as required by federal acts, rules, regulations, or guidelines in acting as the administrative office of the state planning agency for distribution of federal grants.\n(d) Nothing in this chapter shall be construed to include, in the provisions set forth in this section, funds already designated to the Local Revenue Fund 2011 pursuant to Section 30025 of the Government Code.","title":""}
{"_id":"c81","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 1063.2 of the Insurance Code is amended to read:\n1063.2.\n(a) The association shall pay and discharge covered claims, and in connection therewith, pay for or furnish loss adjustment services and defenses of claimants when required by policy provisions. It may do so either directly by itself or through a servicing facility or through a contract for reinsurance and assumption of liabilities by one or more member insurers or through a contract with the liquidator, upon terms satisfactory to the association and to the liquidator, under which payments on covered claims would be made by the liquidator using funds provided by the association.\n(b) (1) The association shall be a party in interest in all proceedings involving a covered claim, and shall have the same rights as the insolvent insurer would have had if not in liquidation, including, but not limited to, the right to all of the following:\n(A) Appear, defend, and appeal a claim in a court of competent jurisdiction.\n(B) Receive notice of, investigate, adjust, compromise, settle, and pay a covered claim.\n(C) Investigate, handle, and deny a noncovered claim.\n(2) The association shall have no cause of action against the insureds of the insolvent insurer for any sums it has paid out, except as provided by this article.\n(3) Nothing in paragraph (2) limits the association\u2019s right to pursue unpaid reimbursements owed by an employer pursuant to a workers\u2019 compensation insurance policy with a deductible if the employer was obligated to reimburse the insurer for benefits payments and related expenses paid by the insurer or the association from a special deposit or from other association funds pursuant to the terms of the policy and related agreements.\n(c) (1) If damages against uninsured motorists are recoverable by the claimant from his or her own insurer, the applicable limits of the uninsured motorist coverage shall be a credit against a covered claim payable under this article. Any person having a claim that may be recovered under more than one insurance guaranty association or its equivalent shall seek recovery first from the association of the place of residence of the insured, except that if it is a first-party claim for damage to property with a permanent location, he or she shall seek recovery first from the association of the permanent location of the property, and if it is a workers\u2019 compensation claim, he or she shall seek recovery first from the association of the residence of the claimant. Any recovery under this article shall be reduced by the amount of recovery from any other insurance guaranty association or its equivalent. A member insurer may recover in subrogation from the association only one-half of any amount paid by that insurer under uninsured motorist coverage for bodily injury or wrongful death (and nothing for a payment for anything else), in those cases where the injured person insured by such an insurer has proceeded under his or her uninsured motorist coverage on the ground that the tortfeasor is uninsured as a result of the insolvency of his or her liability insurer (an insolvent insurer as defined in this article), provided that the member insurer shall waive all rights of subrogation against the tortfeasor. Any amount paid a claimant in excess of the amount authorized by this section may be recovered by action, or other proceeding, brought by the association.\n(2) Any claimant having collision coverage on a loss that is covered by the insolvent company\u2019s liability policy shall first proceed against his or her collision carrier. Neither that claimant nor the collision carrier, if it is a member of the association, shall have the right to sue or continue a suit against the insured of the insolvent insurance company for that collision damage.\n(d) The association shall have the right to recover from any person who is an affiliate of the insolvent insurer and whose liability obligations to other persons are satisfied in whole or in part by payments made under this article the amount of any covered claim and allocated claims expense paid on behalf of that person pursuant to this article.\n(e) Any person having a claim or legal right of recovery under any governmental insurance or guaranty program that is also a covered claim, shall be required to first exhaust his or her right under the program. Any amount payable on a covered claim shall be reduced by the amount of any recovery under the program.\n(f) \u201cCovered claims\u201d for unearned premium by lenders under insurance premium finance agreements as defined in Section 673 shall be computed as of the earliest cancellation date of the policy pursuant to Section 673.\n(g) \u201cCovered claims\u201d shall not include any judgments against or obligations or liabilities of the insolvent insurer or the commissioner, as liquidator, or otherwise resulting from alleged or proven torts, nor shall any default judgment or stipulated judgment against the insolvent insurer, or against the insured of the insolvent insurer, be binding against the association.\n(h) \u201cCovered claims\u201d shall not include any loss adjustment expenses, including adjustment fees and expenses, attorney\u2019s fees and expenses, court costs, interest, and bond premiums, incurred prior to the appointment of a liquidator.\nSEC. 2.\nSection 1063.5 of the Insurance Code is amended and renumbered, to immediately precede Section 1063.5 of the Insurance Code, to read:\n1063.45.\n(a) (1) To the extent necessary to secure funds for the association for payment of administrative expenses of the association and covered claims of insolvent insurers and also for payment of reasonable costs of adjusting the claims, the association shall collect premium payments from its member insurers sufficient to discharge its obligations.\n(2) The association shall allocate its claim payments and costs, incurred or estimated to be incurred, to one or more of the following categories:\n(A) Workers\u2019 compensation claims.\n(B) Homeowners\u2019 claims and automobile claims, including all of the following:\n(i) Automobile material damage.\n(ii) Automobile liability (both personal injury and death and property damage).\n(iii) Medical payments.\n(iv) Uninsured motorist claims.\n(C) Claims other than workers\u2019 compensation, homeowners, and automobile, as defined above.\n(3) Separate premium payments shall be required for each category.\n(4) The premium payments for each category shall be used to pay the claims and costs allocated to that category.\n(b) (1) The rate of premium charged shall be a uniform percentage of net direct written premium in the preceding calendar year applicable to that category.\n(2) The rate of premium charges to each member insurer in the appropriate categories shall initially be based on the written premium of each insurer as shown in the latest year\u2019s annual financial statement on file with the commissioner.\n(3) The initial premium shall be adjusted by applying the same rate of premium charge as initially used to each insurer\u2019s written premium as shown on the annual statement for the second year following the year on which the initial premium charge was based.\n(4) (A) The difference between the initial premium charge and the adjusted premium charge shall be charged or credited to each member insurer by the association as soon as practical after the filing of the annual statements of the member insurers with the commissioner for the year on which the adjusted premium is based.\n(B) Any credit due in a specific category to a member insurer as a result of the adjusted premium calculation shall be refunded to the member insurer.\n(c) (1) For purposes of this section, \u201cnet direct written premiums\u201d means the amount of gross premiums, less return premiums, received in that calendar year upon business done in this state, other than premiums received for reinsurance.\n(2) In cases of a dispute as to the amount of the net direct written premium between the association and one of its member insurers, the written decision of the commissioner shall be final.\n(d) (1) The premium charged to any member insurer for any of the three categories or a category established by the association shall not be more than 2 percent of the net direct premium written in that category in this state by that member insurer per year, starting on January 1, 2003, until December 31, 2007, and thereafter shall be 1 percent per year, until January 1, 2015.\n(2) Commencing January 1, 2015, the premium charged to any member insurer for any of the three categories or a category established by the association shall not be more than 2 percent of the net direct written premium unless there are bonds outstanding that were issued pursuant to Article 14.25 (commencing with Section 1063.50) or Article 14.26 (commencing with Section 1063.70).\n(3) If bonds issued pursuant to either article are outstanding, the premium charged to a member insurer for the category for which the bond proceeds are being used to pay claims and expenses shall not be more than 1 percent of the net direct written premium for that category.\n(e) (1) The association may exempt or defer, in whole or in part, the premium charge of any member insurer, if the premium charge would cause the member insurer\u2019s financial statement to reflect an amount of capital or surplus less than the minimum amounts required for a certificate of authority by any jurisdiction in which the member insurer is authorized to transact insurance. However, during the period of deferment, no dividends shall be paid to shareholders or policyholders by the company whose premium charge was deferred.\n(2) Deferred premium charges shall be paid when the payment will not reduce capital or surplus below required minimums.\n(f) After all covered claims of the insolvent insurer and expenses of administration have been paid, any unused premiums and any reimbursements or claims dividends from the liquidator remaining in any category shall be retained by the association and applied to reduce future premium charges in the appropriate category.\n(g) The commissioner may suspend or revoke the certificate of authority to transact business in this state of a member insurer that fails to pay a premium when due and after demand has been made.\n(h) Interest at a rate equal to the current federal reserve discount rate plus 2\n1\/2\npercent per annum shall be added to the premium of any member insurer that fails to submit the premium requested by the association within 30 days after the mailing request. However, in no event shall the interest rate exceed the legal maximum.\n(i) This section shall apply only to premium charges paid prior to January 1, 2017.\n(j) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.\nSEC. 3.\nSection 1063.5 is added to the Insurance Code, to read:\n1063.5.\n(a) (1) To the extent necessary to secure funds for the association for payment of the administrative expenses of the association, covered claims of insolvent insurers, and for payment of reasonable costs of adjusting the claims, the association shall collect premium payments from its member insurers sufficient to discharge its obligations.\n(2) The association shall allocate its claim payments and costs, incurred or estimated to be incurred, to one or more of the following categories:\n(A) Workers\u2019 compensation claims.\n(B) Homeowners\u2019 claims and automobile claims, including all of the following:\n(i) Automobile material damage.\n(ii) Automobile liability (both personal injury and death and property damage).\n(iii) Medical payments.\n(iv) Uninsured motorist claims.\n(C) Claims other than workers\u2019 compensation, homeowners\u2019, and automobile, as defined above.\n(3) Separate premium payments shall be required for each category.\n(4) The premium payments for each category shall be used to pay the claims and costs allocated to that category.\n(b) (1) The rate of premium charged shall be a uniform percentage of net direct written premium in the preceding calendar year applicable to that category.\n(2) The rate of premium charges to each member insurer in the appropriate categories shall be based on the net direct written premium of each member insurer as shown in the latest year\u2019s annual financial statement on file with the commissioner.\n(c) (1) For purposes of this section, \u201cnet direct written premiums\u201d means the amount of gross premiums, less return premiums, received in that calendar year upon business done in this state, other than premiums received for reinsurance.\n(2) In cases of a dispute as to the amount of the net direct written premium between the association and one of its member insurers, the written decision of the commissioner shall be final.\n(d) In charging premiums to member insurers, the association shall adjust, if necessary, the net direct written premiums shown on a member insurer\u2019s annual statement by excluding any premiums written for any lines of insurance or types of coverage not covered by this article under paragraph (3) of subdivision (c) of Section 1063.1.\n(e) (1) The premium charged to any member insurer for any of the three categories or a category established by the association shall not be more than 2 percent of the net direct written premium unless there are bonds outstanding that were issued pursuant to Article 14.25 (commencing with Section 1063.50) or Article 14.26 (commencing with Section 1063.70).\n(2) If bonds issued pursuant to either article are outstanding, the premium charged to a member insurer for the category for which the bond proceeds are being used to pay claims and expenses shall not be more than 1 percent of the net direct written premium for that category.\n(f) (1) The association may exempt or defer, in whole or in part, the premium charge of any member insurer, if the premium charge would cause the member insurer\u2019s financial statement to reflect an amount of capital or surplus less than the minimum amounts required for a certificate of authority by any jurisdiction in which the member insurer is authorized to transact insurance. However, during the period of deferment, no dividends shall be paid to shareholders or policyholders by the company whose premium charge was deferred.\n(2) Deferred premium charges shall be paid when the payment will not reduce capital or surplus below required minimums.\n(g) After all covered claims of insolvent insurers and expenses of administration have been paid, any unused premiums and any reimbursements or claims dividends from liquidators remaining in any category shall be retained by the association and applied to reduce future premium charges in the appropriate category.\n(h) The commissioner may suspend or revoke the certificate of authority to transact business in this state of a member insurer that fails to pay a premium when due and after demand has been made.\n(i) Interest at a rate equal to the current federal reserve discount rate plus 2\n1\/2\npercent per annum shall be added to the premium of any member insurer that fails to submit the premium requested by the association within 30 days after the mailing request. However, in no event shall the interest rate exceed the legal maximum.\n(j) This section shall apply only to premium charges paid on or after January 1, 2017.\nSEC. 4.\nSection 1063.14 of the Insurance Code is amended and renumbered, to immediately precede Section 1063.14 of the Insurance Code, to read:\n1063.135.\n(a) The plan of operation adopted pursuant to subdivision (c) of Section 1063 shall contain provisions whereby each member insurer is required to recoup in the year following the premium charge a sum reasonably calculated to recoup the premium charge paid by the member insurer under this article by way of a surcharge on premiums charged for insurance policies to which this article applies. Amounts recouped shall not be considered premiums for any other purpose, including the computation of gross premium tax or agents\u2019 commission.\n(b) The amount of any surcharge shall be separately stated on either a billing or policy declaration sent to an insured. The association shall determine the rate of the surcharge and the collection period for each category and these shall be mandatory for all member insurers of the association who write business in those categories. Member insurers who collect surcharges in excess of premiums paid pursuant to Section 1063.45 for an insolvent insurer shall remit the excess to the association as an additional premium within 30 days after the association has determined the amount of the excess recoupment and given notice to the member insurer of that amount. The excess shall be applied to reduce future premium charges in the appropriate category.\n(c) The plan of operation may permit a member insurer to omit collection of the surcharge from its insureds when the expense of collecting the surcharge would exceed the amount of the surcharge. However, nothing in this section shall relieve the member insurer of its obligation to recoup the amount of surcharge otherwise collectible.\n(d) This section shall apply only to premium charges paid prior to January 1, 2017.\n(e) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.\nSEC. 5.\nSection 1063.14 is added to the Insurance Code, to read:\n1063.14.\n(a) (1) The plan of operation adopted pursuant to subdivision (c) of Section 1063 shall contain provisions whereby each member insurer is required to recoup in the year following the premium charge a sum calculated to recoup the premium charge paid by the member insurer under this article by way of a surcharge on premiums charged for insurance policies to which this article applies.\n(2) Amounts recouped shall not be considered premiums for any other purpose, including the computation of gross premium tax or agents\u2019 commission.\n(b) (1) The amount of any surcharge shall be separately stated on either a billing or policy declaration sent to an insured. The association shall determine the rate of the surcharge and the collection period for each category, and these shall be mandatory for all member insurers of the association who write business in those categories.\n(2) Each member insurer shall file a report in accordance with the provisions of the plan of operation indicating the amount of surcharges it has collected.\n(A) Member insurers who collect surcharges in excess of premium charges paid in the preceding year pursuant to Section 1063.5 shall remit the excess to the association as an additional premium within 30 days after the association has determined the amount of the excess recoupment and given notice to the member insurer of that amount. The excess shall be applied to reduce future premium charges in the appropriate category.\n(B) Member insurers who report surcharge collections that are less than what they paid in the preceding year\u2019s premium charge shall receive reimbursement from the association for the shortfall in surcharge collection.\n(c) (1) The plan of operation may permit a member insurer to omit collection of the surcharge from its insureds when the expense of collecting the surcharge would exceed the amount of the surcharge.\n(2) A member insurer electing to omit collecting surcharges from any of its insureds shall not be entitled to any reimbursement from the association pursuant to subdivision (b).\n(3) However, nothing in this section shall relieve the member insurer of its obligation to recoup the amount of surcharge otherwise collectible.\n(d) This section shall apply only to premium charges paid on or after January 1, 2017.","title":""}
{"_id":"c377","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 69510 of the Education Code is amended to read:\n69510.\nThe Student Aid Commission shall be composed of the following 17 members:\n(a) One representative from public, proprietary, or nonprofit postsecondary schools located in California.\n(b) One representative from a California independent college or university.\n(c) One representative each from the University of California, the California State University, and the California Community Colleges.\n(d) (1) Four student members, one from each of the following postsecondary educational institutions:\n(A) The University of California.\n(B) The California State University.\n(C) The California Community Colleges.\n(D) A California private postsecondary educational institution.\n(2) A student member described in paragraph (1) shall be enrolled in the postsecondary educational institution at the time of appointment, and shall be enrolled in that institution for the duration of the term. A student member who graduates from an institution with no more than six months of his or her term remaining shall be permitted to serve for the remainder of the term.\n(e) Three public members.\n(f) One representative from a California secondary school.\n(g) Two representatives appointed by the Senate Rules Committee.\n(h) Two representatives appointed by the Speaker of the Assembly.\nSEC. 2.\nSection 69511 of the Education Code is amended to read:\n69511.\n(a) Except as provided in subdivision (b), each member of the commission shall have a four-year term; provided, that members appointed pursuant to subdivision (d) of Section 69510 shall have terms of two academic years.\n(b) The term of one member appointed pursuant to subdivision (g) of Section 69510 and the term of one member appointed pursuant to subdivision (h) of Section 69510, effective January 1, 1991, shall be for five years. Each subsequent term for members appointed pursuant to this subdivision shall be for four years.\n(c) Appointment to the commission of members appointed pursuant to subdivisions (a) to (f), inclusive, of Section 69510 shall be made by the Governor subject to confirmation by the Senate.\n(d) Any vacancy shall be filled by the appointment of a person who will have the same status as the predecessor of the appointee. The appointee shall hold office only for the balance of the unexpired term.\n(e) Each member of the commission shall receive a stipend of one hundred dollars ($100) for each day in which he or she attends any meeting of the commission or any meeting of any committee or subcommittee of the commission, of which committee or subcommittee he or she is a member, and which committee or subcommittee meeting is conducted for the purpose of carrying out the powers and duties of the commission. In addition, each member shall receive his or her actual and necessary traveling expenses incurred in the course of his or her duties.\n(f) (1) If an act of Congress establishes a program of scholarships or grants for undergraduate students and permits administration of the program within a state by a state agency, the Student Aid Commission, as established by Section 69510, shall administer the act within the state if the Governor and the Student Aid Commission, by a majority vote of its entire membership, determine that the participation by the state in the federal scholarship or grant program under the act would not interfere with or jeopardize the continuation of the scholarship program established under Chapter 1.7 (commencing with Section 69430) of Part 42 of Division 5 of Title 3.\n(2) The commission shall constitute the state commission on federal scholarships or grants and is hereby empowered to formulate a plan for development and administration of any federal scholarship or grant program within the state.\n(3) Subject to the provisions of this chapter, the commission is hereby vested with all necessary power and authority to cooperate with the government of the United States, or any agency or agencies thereof, in the administration of any act of Congress establishing a scholarship or grant program and the rules and regulations adopted thereunder.\n(4) Before adopting a state plan, the commission, acting as the state commission on federal scholarships or grants, shall hold public hearings as provided in the California Administrative Procedure Act.\nSEC. 2.5.\nSection 69511 of the Education Code is amended to read:\n69511.\n(a) (1) Except as provided in subdivision (b), each member of the commission, other than a student member, shall have a four-year term.\n(2) (A) A student member appointed pursuant to subdivision (d) of Section 69510 shall have a term of two academic years.\n(B) Upon expiration of the student member\u2019s two-year term, if the Governor has not appointed a successor, the student member may remain in office for one additional year or until the Governor appoints a successor, whichever occurs first. The requirements of subdivision (d) of Section 69510 do not apply to a student in the additional year under this paragraph.\n(C) The commission shall notify the appropriate student organization for each segment, as described in Section 69511.5, of a pending student member vacancy no less than three months before the expiration of the term, and of the appropriate student organization\u2019s opportunity to submit a list of nominees pursuant to Section 69511.5.\n(b) The term of one member appointed pursuant to subdivision (g) of Section 69510 and the term of one member appointed pursuant to subdivision (h) of Section 69510, effective January 1, 1991, shall be for five years. Each subsequent term for members appointed pursuant to this subdivision shall be for four years.\n(c) Appointment to the commission of members appointed pursuant to subdivisions (a) to (f), inclusive, of Section 69510 shall be made by the Governor subject to confirmation by the Senate.\n(d) Any vacancy shall be filled by the appointment of a person who will have the same status as the predecessor of the appointee. The appointee shall hold office only for the balance of the unexpired term.\n(e) (1) Each member of the commission shall receive a stipend of one hundred dollars ($100) for each day in which he or she attends any meeting of the commission or any meeting of any committee or subcommittee of the commission, of which committee or subcommittee he or she is a member, and which committee or subcommittee meeting is conducted for the purpose of carrying out the powers and duties of the commission. In addition, each member shall receive his or her actual and necessary traveling expenses incurred in the course of his or her duties.\n(2) In addition, if a student member who attends a qualifying institution, as defined in Section 69432.7, is not the recipient of a Cal Grant award, the qualifying institution, as a condition of participation in the Cal Grant program, shall waive the student member\u2019s tuition, up to the maximum award amount for that institution, for the duration of the student member\u2019s term of office.\n(f) (1) If an act of Congress establishes a program of scholarships or grants for undergraduate students and permits administration of the program within a state by a state agency, the Student Aid Commission, as established by Section 69510, shall administer the act within the state if the Governor and the Student Aid Commission, by a majority vote of its entire membership, determine that the participation by the state in the federal scholarship or grant program under the act would not interfere with or jeopardize the continuation of the scholarship program established under Chapter 1.7 (commencing with Section 69430) of Part 42 of Division 5 of Title 3.\n(2) The commission shall constitute the state commission on federal scholarships or grants and is hereby empowered to formulate a plan for development and administration of any federal scholarship or grant program within the state.\n(3) Subject to the provisions of this chapter, the commission is hereby vested with all necessary power and authority to cooperate with the government of the United States, or any agency or agencies thereof, in the administration of any act of Congress establishing a scholarship or grant program and the rules and regulations adopted thereunder.\n(4) Before adopting a state plan, the commission, acting as the state commission on federal scholarships or grants, shall hold public hearings as provided in the California Administrative Procedure Act.\nSEC. 3.\nSection 69511.5 of the Education Code is amended to read:\n69511.5.\n(a) Notwithstanding Section 69511, the Governor shall appoint each student member of the Student Aid Commission pursuant to subdivision (d) of Section 69510 from the persons nominated in accordance with the provisions of subdivision (b).\n(b) For each student member of the commission, the appropriate student organization may submit a list of nominees. The list shall specify not less than three and not more than five nominees. The appropriate student organization for each segment shall be a composite group of at least five representative student government associations, as determined by the commission.\n(c) Participating student organizations designated in subdivision (b) shall inform students within their respective segment of pending student vacancies on the commission.\n(d) The person appointed as a student member of the commission pursuant to this section shall be subject to confirmation by the Senate as required in subdivision (c) of Section 69511.\nSEC. 4.\nSection 2.5 of this bill incorporates amendments to Section 69511 of the Education Code proposed by both this bill and Assembly Bill 2154. 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 69511 of the Education Code, and (3) this bill is enacted after Assembly Bill 2154, in which case Section 2 of this bill shall not become operative.","title":""}
{"_id":"c233","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 22962 of the Business and Professions Code is amended to read:\n22962.\n(a) For purposes of this section, the following terms have the following meanings:\n(1) \u201cSelf-service display\u201d means the open display of tobacco products or tobacco paraphernalia in a manner that is accessible to the general public without the assistance of the retailer or employee of the retailer.\n(2) \u201cTobacco paraphernalia\u201d means cigarette papers or wrappers, blunt wraps as defined in Section 308 of the Penal Code, pipes, holders of smoking materials of all types, cigarette rolling machines, or other instruments or things designed for the smoking or ingestion of tobacco products.\n(3) \u201cTobacco product\u201d means a product or device as defined in subdivision (d) of Section 22950.5 of the Business and Professions Code.\n(4) \u201cTobacco store\u201d means a retail business that meets all of the following requirements:\n(A) Primarily sells tobacco products.\n(B) Generates more than 60 percent of its gross revenues annually from the sale of tobacco products and tobacco paraphernalia.\n(C) Does not permit any person under\n18\n21\nyears of age to be present or enter the premises at any time, unless accompanied by the person\u2019s parent or legal guardian, as defined in Section 6903 of the Family Code.\n(D) Does not sell alcoholic beverages or food for consumption on the premises.\n(b) (1) (A) Except as permitted in subdivision (b) of Section 22960, it is unlawful for a person engaged in the retail sale of tobacco products to sell, offer for sale, or display for sale any tobacco product or tobacco paraphernalia by self-service display. A person who violates this section is subject to those civil penalties specified in the schedule in subdivision (a) of Section 22958.\n(B) A person who violates this section is subject to those civil penalties specified in the schedule in subdivision (a) of Section 22958.\n(2) It is unlawful for a person engaged in the retail sale of blunt wraps to place or maintain, or to cause to be placed or maintained, any blunt wraps advertising display within two feet of candy, snack, or nonalcoholic beverage displayed inside any store or business.\n(3) It is unlawful for any person or business to place or maintain, or cause to be placed or maintained, any blunt wrap advertising display that is less than four feet above the floor.\n(c) Subdivision (b) shall not apply to the display in a tobacco store of cigars, pipe tobacco, snuff, chewing tobacco, or dipping tobacco, provided that in the case of cigars they are generally not sold or offered for sale in a sealed package of the manufacturer or importer containing less than six cigars. In any enforcement action brought pursuant to this division, the retail business that displays any of the items described in this subdivision in a self-service display shall have the burden of proving that it qualifies for the exemption established in this subdivision.\n(d) The Attorney General, a city attorney, a county counsel, or a district attorney may bring a civil action to enforce this section.\n(e) This section does not preempt or otherwise prohibit the adoption of a local standard that imposes greater restrictions on the access to tobacco products than the restrictions imposed by this section. To the extent that there is an inconsistency between this section and a local standard that imposes greater restrictions on the access to tobacco products, the greater restriction on the access to tobacco products in the local standard shall prevail.\nSECTION 1.\nSEC. 2.\nSection 22971 of the Business and Professions Code is amended to read:\n22971.\nFor purposes of this division, the following terms shall have the following meanings:\n(a) \u201cBoard\u201d means the State Board of Equalization.\n(b) \u201cBrand family\u201d has the same meaning as that term is defined in paragraph (2) of subdivision (a) of Section 30165.1 of the Revenue and Taxation Code.\n(c) \u201cCigarette\u201d means a cigarette as defined in Section 30003 of the Revenue and Taxation Code.\n(d) (1) \u201cControl\u201d or \u201ccontrolling\u201d means possession, direct or indirect, of the power:\n(A) To vote 25 percent or more of any class of the voting securities issued by a person.\n(B) To direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract, other than a commercial contract for goods or nonmanagement services, or as otherwise provided; however, no individual shall be deemed to control a person solely on account of being a director, officer, or employee of that person.\n(2) For purposes of subparagraph (B) of paragraph (1), a person who, directly or indirectly, owns, controls, holds, with the power to vote, or holds proxies representing 10 percent or more of the then outstanding voting securities issued by another person, is presumed to control that other person.\n(3) For purposes of this division, the board may determine whether a person in fact controls another person.\n(e) \u201cDisplay for sale\u201d means the placement of cigarettes or tobacco products in a vending machine or in retail stock for the purpose of selling or gifting the cigarettes or tobacco products. For purposes of this definition, the clear and easily visible display of cigarettes or tobacco products shall create a rebuttable presumption that either were displayed for sale.\n(f) \u201cDistributor\u201d means a distributor as defined in Section 30011 of the Revenue and Taxation Code.\n(g) \u201cGifting\u201d means any transfer of title or possession without consideration, exchange, or barter, in any manner or by any means, of cigarettes or tobacco products that have been purchased for resale under a license issued pursuant to this division if the transfer occurs while the license is suspended or after the effective date of its revocation.\n(h) \u201cImporter\u201d means an importer as defined in Section 30019 of the Revenue and Taxation Code.\n(i) \u201cLaw enforcement agency\u201d means a sheriff, a police department, or a city, county, or city and county agency or department designated by the governing body of that agency to enforce this chapter or to enforce local smoking and tobacco ordinances and regulations.\n(j) \u201cLicense\u201d means a license issued by the board pursuant to this division.\n(k) \u201cLicensee\u201d means any person holding a license issued by the board pursuant to this division.\n(l) \u201cManufacturer\u201d means a manufacturer of cigarettes or tobacco products sold in this state.\n(m) \u201cNotice\u201d or \u201cnotification\u201d means, unless as otherwise provided, the written notice or notification provided to a licensee by the board by either actual delivery to the licensee or by first-class mail addressed to the licensee at the address on the license.\n(n) \u201cPackage of cigarettes\u201d means a package as defined in Section 30015 of the Revenue and Taxation Code.\n(o) \u201cPerson\u201d means a person as defined in Section 30010 of the Revenue and Taxation Code.\n(p) \u201cRetailer\u201d means a person who engages in this state in the sale of cigarettes or tobacco products directly to the public from a retail location. Retailer includes a person who operates vending machines from which cigarettes or tobacco products are sold in this state.\n(q) \u201cRetail location\u201d means both of the following:\n(1) Any building from which cigarettes or tobacco products are sold at retail.\n(2) A vending machine.\n(r) \u201cSale\u201d or \u201csold\u201d means a sale as defined in Section 30006 of the Revenue and Taxation Code.\n(s) \u201cTobacco products\u201d means tobacco products as defined in\nsubdivision (d) of Section 22950.5 and\nsubdivision (b) of Section 30121 and subdivision (b) of Section 30131.1 of the Revenue and Taxation Code.\n(t) \u201cUnstamped package of cigarettes\u201d means a package of cigarettes that does not bear a tax stamp as required under Part 13 (commencing with Section 30001) of Division 2 of the Revenue and Taxation Code, including a package of cigarettes that bears a tax stamp of another state or taxing jurisdiction, a package of cigarettes that bears a counterfeit tax stamp, or a stamped or unstamped package of cigarettes that is marked \u201cNot for sale in the United States.\u201d\n(u) \u201cWholesaler\u201d means a wholesaler as defined in Section 30016 of the Revenue and Taxation Code.\n(v) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.\nSEC. 2.\nSEC. 3.\nSection 22971 is added to the Business and Professions Code, to read:\n22971.\n(a) For purposes of this division, the following terms shall have the following meanings:\n(1) \u201cBoard\u201d means the State Board of Equalization.\n(2) \u201cBrand family\u201d has the same meaning as that term is defined in paragraph (2) of subdivision (a) of Section 30165.1 of the Revenue and Taxation Code.\n(3) \u201cCigarette\u201d means a cigarette as defined in Section 30003 of the Revenue and Taxation Code.\n(4) (A) \u2002 \u201cControl\u201d or \u201ccontrolling\u201d means possession, direct or indirect, of the power:\n(i) To vote 25 percent or more of any class of the voting securities issued by a person.\n(ii) To direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract, other than a commercial contract for goods or nonmanagement services, or as otherwise provided; however, no individual shall be deemed to control a person solely on account of being a director, officer, or employee of that person.\n(B) For purposes of clause (ii) of subparagraph (A), a person who, directly or indirectly, owns, controls, holds, with the power to vote, or holds proxies representing 10 percent or more of the then outstanding voting securities issued by another person, is presumed to control that other person.\n(C) For purposes of this division, the board may determine whether a person in fact controls another person.\n(5) \u201cDisplay for sale\u201d means the placement of cigarettes or tobacco products in a vending machine or in retail stock for the purpose of selling or gifting the cigarettes or tobacco products. For purposes of this definition, the clear and easily visible display of cigarettes or tobacco products shall create a rebuttable presumption that either were displayed for sale.\n(6) \u201cDistributor\u201d means a distributor as defined in Section 30011 of the Revenue and Taxation Code.\n(7) \u201cGifting\u201d means any transfer of title or possession without consideration, exchange, or barter, in any manner or by any means, of cigarettes or tobacco products that have been purchased for resale under a license issued pursuant to this division if the transfer occurs while the license is suspended or after the effective date of its revocation.\n(8) \u201cImporter\u201d means an importer as defined in Section 30019 of the Revenue and Taxation Code.\n(9) \u201cLaw enforcement agency\u201d means a sheriff, a police department, or a city, county, or city and county agency or department designated by the governing body of that agency to enforce this chapter or to enforce local smoking and tobacco ordinances and regulations.\n(10) \u201cLicense\u201d means a license issued by the board pursuant to this division.\n(11) \u201cLicensee\u201d means any person holding a license issued by the board pursuant to this division.\n(12) \u201cManufacturer\u201d means a manufacturer of cigarettes or tobacco products sold in this state.\n(13) \u201cNotice\u201d or \u201cnotification\u201d means, unless as otherwise provided, the written notice or notification provided to a licensee by the board by either actual delivery to the licensee or by first-class mail addressed to the licensee at the address on the license.\n(14) \u201cPackage of cigarettes\u201d means a package as defined in Section 30015 of the Revenue and Taxation Code.\n(15) \u201cPerson\u201d means a person as defined in Section 30010 of the Revenue and Taxation Code.\n(16) \u201cRetailer\u201d means a person who engages in this state in the sale of cigarettes or tobacco products directly to the public from a retail location. Retailer includes a person who operates vending machines from which cigarettes or tobacco products are sold in this state.\n(17) \u201cRetail location\u201d means a tobacco store as defined in Section 22962.\n(18) \u201cSale\u201d or \u201csold\u201d means a sale as defined in Section 30006 of the Revenue and Taxation Code.\n(19) \u201cTobacco products\u201d means tobacco products as defined in\nsubdivision (d) of Section 22950.5 and\nsubdivision (b) of Section 30121 and subdivision (b) of Section 30131.1 of the Revenue and Taxation Code.\n(20) \u201cUnstamped package of cigarettes\u201d means a package of cigarettes that does not bear a tax stamp as required under Part 13 (commencing with Section 30001) of Division 2 of the Revenue and Taxation Code, including a package of cigarettes that bears a tax stamp of another state or taxing jurisdiction, a package of cigarettes that bears a counterfeit tax stamp, or a stamped or unstamped package of cigarettes that is marked \u201cNot for sale in the United States.\u201d\n(21) \u201cWholesaler\u201d means a wholesaler as defined in Section 30016 of the Revenue and Taxation Code.\n(b) This section shall become operative on January 1, 2019.\nSEC. 4.\nNo reimbursement is required by this act pursuant to Section 6 of Article XIII\u2009B 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\u2009B of the California Constitution.","title":""}
{"_id":"c94","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 11450 of the Welfare and Institutions Code is amended to read:\n11450.\n(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\u2019s 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):\nNumber of\neligible needy\npersons in\nthe same home\nMaximum\naid\n1 ........................\n$ \u2009326\n2 ........................\n535\n3 ........................\n663\n4 ........................\n788\n5 ........................\n899\n6 ........................\n1,010\n7 ........................\n1,109\n8 ........................\n1,209\n9 ........................\n1,306\n10 or more ........................\n1,403\n(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.\n(2) The sums specified in paragraph (1) shall not be adjusted for cost of living for the 1990\u201391, 1991\u201392, 1992\u201393, 1993\u201394, 1994\u201395, 1995\u201396, 1996\u201397, and 1997\u201398 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\nformer\nSection 11453.05, and no further reduction shall be made pursuant to that section.\n(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.\n(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.\n(3) Paragraph (1) shall apply only when the Cal-Learn Program is operative.\n(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.\n(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\u2019s 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.\n(e) 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, special diets upon the recommendation of a physician for circumstances other than pregnancy, 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.\n(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.\n(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.\n(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.\n(B) A family is considered homeless, for the purpose of this section, when the family lacks a fixed and regular nighttime residence;\nor\nthe 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.\n(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.\n(ii) This special needs benefit shall be granted or denied immediately upon the family\u2019s application for homeless assistance, and benefits shall be available for up to three working days. The county welfare department shall verify the family\u2019s 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.\n(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.\n(B) (i) A nonrecurring special needs benefit for permanent housing assistance is available to pay for last month\u2019s 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.\n(ii) The last month\u2019s rent or monthly arrearage portion of the payment (I) shall not exceed 80 percent of the family\u2019s 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\u2019s total monthly household income without the value of CalFresh benefits or special needs benefit for a family of that size.\n(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).\n(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.\n(D) A payment for\n,\nor denial of\n,\npermanent 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\ndenial of or\npayment for\n, or denial of,\npermanent 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.\n(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\none period of up to\na maximum of\n16\nconsecutive\ncalendar days of temporary assistance and one payment of permanent assistance.\nAny\nA\nfamily that includes a parent or nonparent caretaker relative living in the home who has previously received\nthe maximum allowable\ntemporary or permanent homeless assistance at any time on behalf of an eligible child shall not be eligible for further homeless assistance.\nAny\nA\nperson who applies for homeless assistance benefits shall be informed that\n, with certain exceptions,\nthe temporary shelter benefit\nof 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\nis limited to a maximum of 16 calendar days in a lifetime\n.\n(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.\n(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\n,\nthe 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\ntwo periods of not more than 16 consecutive\na maximum of 32\ncalendar 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.\n(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.\n(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.\n(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.\n(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.\n(G) Payments to providers for temporary shelter and permanent housing and utilities shall be made on behalf of families requesting these payments.\n(H) The daily amount for the temporary shelter special needs benefit for homeless assistance may be increased if authorized by the current year\u2019s Budget Act by specifying a different daily allowance and appropriating the funds therefor.\n(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.\n(g) The department shall establish rules and regulations ensuring the uniform statewide application of this section.\n(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.\n(i) (A) 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).\n(B) The amounts payable to recipients pursuant to Section 11453.1 shall not constitute income to recipients of aid under this section.\n(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\u2019s income, is equal to the rate specified in Sections 11364 and 11387.\n(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.\n(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.\n(3) Upon filing the certificate described in paragraph (2), a county shall comply with the semiannual reporting provisions of this section.\n(l) This section shall become operative on July 1, 2015.\nSEC. 2.\n(a) Notwithstanding 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 instructions from the director no later than April 1, 2016.\n(b) The department shall adopt regulations as necessary to implement this act no later than July 1, 2017.\nSEC. 3.\nNo appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for purposes of this act.\nSEC. 4.\nIf 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.","title":""}
{"_id":"c8","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\n(a) The Legislature finds and declares all of the following:\n(1) Park access, outdoor education, and outdoor recreational experiences are important to the health and well-being of all California citizens as well as the continuing stewardship of our natural resources. Many California communities, however, lack equitable access to parks and other open-space areas. This lack of access to the outdoors contributes to higher incidences of certain health ailments, such as diabetes, hypertension,\nobesity,\nand nature deficit disorder, and other negative social indicators, especially in low-income communities.\n(2) According to the recent Parks Forward Commission report,\nreleased in February 2015,\nimproving access to parks, outdoor experiences, and recreational opportunities, particularly for youth and young adults in disadvantaged communities, will lead to more healthy lifestyles, better educational outcomes, and improvements to the overall well-being of\nCalifornia citizens,\nCalifornia\u2019s citizens\nand\ncommunities,\nand\nas well as\nour natural environment.\n(3)\nThe Legislature enacted\nChapter 663 of the Statutes of\n2003, which\n2003\nestablished the Outdoor Environmental Education Program and required a study on the benefits of outdoor environmental education for at-risk youth and underserved demographic groups. The study found that the science test scores of children who participated in the program were raised by 27 percent, and that these children also had improved conflict resolution and problem solving skills, better self-esteem, and were more motivated to learn. The program ended on July 1, 2005.\n(4)\nThe Legislature enacted\nResolution Chapter 101 of the Statutes of\n2006, which\n2006\nrecognized the importance of local recreational and park agencies in the effort to reverse negative trends in inactivity, obesity, diabetes, and other health problems among Californians and encouraged the state to use, and partner with, local recreation and park providers to create a healthier state.\n(b) It is the intent of the Legislature to expand access to parks and other outdoor educational and recreational opportunities in underserved areas by, among other things, convening and developing strategic partnerships to facilitate, promote, and enhance access to parks, as well as outdoor educational and recreational experiences in underserved communities.\nSEC. 2.\nChapter 14 (commencing with Section 5880) is added to Division 5 of the Public Resources Code, to read:\nCHAPTER  14. Outdoor Environmental Education and Recreation Grants Program\n5880.\n(a) On or before March 30, 2016, the\ndepartment\ndirector\nshall establish an Outdoor Environmental Education and Recreation Grants Program to increase the ability of underserved and at-risk populations to participate in outdoor recreation and educational experiences by awarding grants to public organizations,\nincluding local governments and local education agencies,\nnonprofit organizations, or both.\n(b) In developing the\ngrant\nprogram, the director shall do both of the following:\n(1) Develop\ncriteria and procedures\ncriteria, procedures, and accountability measures\nas may be necessary to implement the grant program.\n(2) Administer the\ngrant\nprogram to ensure that priority is given to underserved populations, including both urban and rural areas and low-income communities where participation in\nan\noutdoor environmental education and recreation\nprogram\nprograms\nhas been limited.\n(c) The director may develop an advisory task force\ncomposed\ncomprised\nof public, private, nonprofit, academic, and other entities and individuals to assist in the development of the\ngrant\nprogram, including representatives of the California Environmental Education Interagency Network.\n(d) The director shall give priority for funding to\nan\noutdoor environmental education and recreation\nprogram\nprograms\nthat primarily\nserves\nprovide outreach to and serve\nstudents who are eligible for free or reduced-price meals, foster youth, or pupils of limited English proficiency, as defined in Section 42238.01 of the Education Code, and\nhas at least\nhave\none\nor more\nof the following attributes:\n(1)\nDemonstrates\nDemonstrate\npartnerships between public, private, and nonprofit entities.\n(2)\nContributes\nContribute\nto healthy lifestyles, sound nutritional habits, and improved outdoor educational and recreational experiences.\n(3)\nMaximizes\nMaximize\nthe number of participants that can be served.\n(4)\nCommits\nCommit\nin-kind resources.\n(5)\nHas\nHave\na curriculum that is aligned to the science content standards for California public schools adopted by the State Board of Education.\n(6)\nFosters\nFoster\nstewardship of the environment and\nincludes,\ninclude\nwhen available, curriculum established pursuant to Part 4 (commencing with Section 71300) of Division 34.\n(7)\nIntegrates\nIntegrate\ninstruction in science, technology, engineering, and mathematics.\n(8)\nIncludes\nInclude\nservice learning and community outreach components for purposes of building partnerships between participants and local communities.\n(e) Reverted and unencumbered funds from the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 may be appropriated by the Legislature for the purpose of this chapter, if consistent with the requirements of the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002. To the extent that grants may be awarded from those funds, they shall be awarded only to programs that meet all of the criteria specified in Section 5095.4.\n(f) The director may also accept private donations made for the support of the program. The director may solicit and accept private funding to help\nsupplement\noffset\nthe costs of the program. These funding sources may include, but are not limited to, foundations, corporate funding, crowdfunding resources, donation drives, or any other funding sources that may be available.\n(g) All moneys received pursuant to subdivisions (e) and (f) for the purpose of this program shall be deposited in the California Youth Outdoor Education Account, which is hereby created within the State Park and Recreation Fund. Notwithstanding Section 13340 of the Government Code, moneys in the California Youth Outdoor Education Account shall be continuously appropriated to the department for the purposes of this chapter.\n(h) (1) The department shall gather information from applicants each award year for purposes of evaluating the effectiveness of outdoor environmental education and recreation programs in achieving the objectives of the grant program. The department shall annually summarize and report this information for the previous award year, commencing on or before September 1, 2017, to the appropriate budget and fiscal committees of the Legislature. The information in the annual report shall include the total number of children served, the total number and types of entities that received grant awards, appropriate recommendations to improve the grant program, partnerships formed, educational objectives achieved, the total number of applications received, and the total number of children who would have been served had all applicants for the award year received grant awards.\n(2) A report pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.\nSEC. 3.\nSection 5095.4 of the Public Resources Code is amended to read:\n5095.4.\n(a) The director, in consultation with the State Department of Education, shall develop a competitive grant program to assist state parks, state conservancies in existence as of January 1, 2003, urbanized and heavily urbanized local agencies, and community-based organizations within those jurisdictions, working in collaboration, to provide outdoor educational opportunities to children.\n(1) Applicant entities shall provide a 25-percent matching contribution in community resources. The matching contributions may be in the form of money, including funds from other state or local assistance programs, gifts of real property, equipment, and consumable supplies, volunteer services, free or reduced-cost use of land, facilities, or equipment, and bequests and income from wills, estates, and trusts. The department may establish findings for hardships to waive the matching requirement when an applicant cannot meet the requirement.\n(2) The department may give additional consideration to applicant entities collaborating with other entities, including, but not limited to, school districts, faith-based groups, and others providing outreach programs to identify and attract urbanized youth most in need of organized, constructive recreational activities.\n(b) The department shall make one-third of any funds appropriated for the purposes of this chapter available to give special priority to providing increased access for elementary schoolage children in grades 2 to 8, inclusive, to conservancy or state, community, and regional park properties, including public properties within the coastal zone, and, in addition, shall give priority, in awarding a grant pursuant to this section, to all of the following:\n(1) Programs that use curriculum tied to the science content standards and science framework adopted by the State Board of Education.\n(2) Applicants that serve children with family incomes below the statewide average, based on the most recent figures computed and established by the Department of Finance.\n(3) Applicants that provide access to children who are underserved or lack access to parks or other outdoor venues suitable to conduct appropriate environmental education instruction.\n(4) Applicants that have developed working collaboratives to develop environmental education partnerships.\n(5) Applicants working in collaboration with local educational agencies to identify those children lacking adequate opportunities to access outdoor environmental education curriculum or innovative or alternative recreation programming.\n(c) The amount of a grant awarded pursuant to this section may not be less than twenty thousand dollars ($20,000) or more than two hundred thousand dollars ($200,000). A grant may be expended for any of the following purposes:\n(1) Staffing that is directly associated with the programming.\n(2) Staff training or development directly associated with the programming.\n(3) Costs associated with transporting youth between a community or school and the proposed environmental education venue.\n(4) Medical insurance for the participants, only if the insurance is a requirement pursuant to the activity.\n(5) Operational costs, such as the rental equipment, food, and supplies.\n(6) Applicants that can demonstrate that the administrative costs associated with this activity will not exceed more than 7.5 percent of the amount of the grant.\n(d) The department may gather information from the applicants as to the effectiveness of these programs in meeting program objectives. The department shall summarize this information and report to the appropriate budget and fiscal committees of both houses of the Legislature as to the number of children served, the educational objectives met, and the level of demand.\n(e) Applicant agencies may enter into contracts with other public agencies or entities to provide unique interpretive skills or to present authentic, curriculum-based programs in units of conservancy properties or state, community, or regional park systems for services not otherwise provided. The purpose of this subdivision is to authorize the applicants to provide programming services, equipment, and materials that assist in the curriculum program or provide educational activities that assist in the presentation of cultural traditions.","title":""}
{"_id":"c105","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 1185 of the Civil Code is amended to read:\n1185.\n(a) The acknowledgment of an instrument shall not be taken unless the officer taking it has satisfactory evidence that the person making the acknowledgment is the individual who is described in and who executed the instrument.\n(b) For purposes of this section, \u201csatisfactory evidence\u201d means the absence of information, evidence, or other circumstances that would lead a reasonable person to believe that the person making the acknowledgment is not the individual he or she claims to be and any one of the following:\n(1) (A) The oath or affirmation of a credible witness personally known to the officer, whose identity is proven to the officer upon presentation of a document satisfying the requirements of paragraph (3) or (4), that the person making the acknowledgment is personally known to the witness and that each of the following are true:\n(i) The person making the acknowledgment is the person named in the document.\n(ii) The person making the acknowledgment is personally known to the witness.\n(iii) That it is the reasonable belief of the witness that the circumstances of the person making the acknowledgment are such that it would be very difficult or impossible for that person to obtain another form of identification.\n(iv) The person making the acknowledgment does not possess any of the identification documents named in paragraphs (3) and (4).\n(v) The witness does not have a financial interest in the document being acknowledged and is not named in the document.\n(B) A notary public who violates this section by failing to obtain the satisfactory evidence required by subparagraph (A) shall be subject to a civil penalty not exceeding ten thousand dollars ($10,000). An action to impose this civil penalty may be brought by the Secretary of State in an administrative proceeding or a public prosecutor in superior court, and shall be enforced as a civil judgment. A public prosecutor shall inform the secretary of any civil penalty imposed under this subparagraph.\n(2) The oath or affirmation under penalty of perjury of two credible witnesses, whose identities are proven to the officer upon the presentation of a document satisfying the requirements of paragraph (3) or (4), that each statement in paragraph (1) is true.\n(3) Reasonable reliance on the presentation to the officer of any one of the following, if the document or other form of identification is current or has been issued within five years:\n(A) An identification card or driver\u2019s license issued by the Department of Motor Vehicles.\n(B) A passport issued by the Department of State of the United States.\n(C) An inmate identification card issued by the Department of Corrections and Rehabilitation, if the inmate is in custody in prison.\n(D) Any form of inmate identification issued by a sheriff\u2019s department, if the inmate is in custody in a local detention facility.\n(4) Reasonable reliance on the presentation of any one of the following, provided that a document specified in subparagraphs (A) to (F), inclusive, shall either be current or have been issued within five years and shall contain a photograph and description of the person named on it, shall be signed by the person, shall bear a serial or other identifying number, and, in the event that the document is a passport, shall have been stamped by the United States Citizenship and Immigration Services of the Department of Homeland Security:\n(A) A passport issued by a foreign government.\n(B) A driver\u2019s license issued by a state other than California or by a Canadian or Mexican public agency authorized to issue driver\u2019s licenses.\n(C) An identification card issued by a state other than California.\n(D) An identification card issued by any branch of the Armed Forces of the United States.\n(E) An employee identification card issued by an agency or office of the State of California, or by an agency or office of a city, county, or city and county in this state.\n(F) An identification card issued by a federally recognized tribal government.\n(c) An officer who has taken an acknowledgment pursuant to this section shall be presumed to have operated in accordance with the provisions of law.\n(d) A party who files an action for damages based on the failure of the officer to establish the proper identity of the person making the acknowledgment shall have the burden of proof in establishing the negligence or misconduct of the officer.\n(e) A person convicted of perjury under this section shall forfeit any financial interest in the document.\nSEC. 1.5.\nSection 1185 of the Civil Code is amended to read:\n1185.\n(a) The acknowledgment of an instrument shall not be taken unless the officer taking it has satisfactory evidence that the person making the acknowledgment is the individual who is described in and who executed the instrument.\n(b) For purposes of this section, \u201csatisfactory evidence\u201d means the absence of information, evidence, or other circumstances that would lead a reasonable person to believe that the person making the acknowledgment is not the individual he or she claims to be and any one of the following:\n(1) (A) The oath or affirmation of a credible witness personally known to the officer, whose identity is proven to the officer upon presentation of a document satisfying the requirements of paragraph (3) or (4), that the person making the acknowledgment is personally known to the witness and that each of the following are true:\n(i) The person making the acknowledgment is the person named in the document.\n(ii) The person making the acknowledgment is personally known to the witness.\n(iii) That it is the reasonable belief of the witness that the circumstances of the person making the acknowledgment are such that it would be very difficult or impossible for that person to obtain another form of identification.\n(iv) The person making the acknowledgment does not possess any of the identification documents named in paragraphs (3) and (4).\n(v) The witness does not have a financial interest in the document being acknowledged and is not named in the document.\n(B) A notary public who violates this section by failing to obtain the satisfactory evidence required by subparagraph (A) shall be subject to a civil penalty not exceeding ten thousand dollars ($10,000). An action to impose this civil penalty may be brought by the Secretary of State in an administrative proceeding or a public prosecutor in superior court, and shall be enforced as a civil judgment. A public prosecutor shall inform the secretary of any civil penalty imposed under this subparagraph.\n(2) The oath or affirmation under penalty of perjury of two credible witnesses, whose identities are proven to the officer upon the presentation of a document satisfying the requirements of paragraph (3) or (4), that each statement in paragraph (1) is true.\n(3) Reasonable reliance on the presentation to the officer of any one of the following, if the document or other form of identification is current or has been issued within five years:\n(A) An identification card or driver\u2019s license issued by the Department of Motor Vehicles.\n(B) A passport issued by the Department of State of the United States.\n(C) An inmate identification card issued by the Department of Corrections and Rehabilitation, if the inmate is in custody in prison.\n(D) Any form of inmate identification issued by a sheriff\u2019s department, if the inmate is in custody in a local detention facility.\n(4) Reasonable reliance on the presentation of any one of the following, provided that a document specified in subparagraphs (A) to (F), inclusive, shall either be current or have been issued within five years and shall contain a photograph and description of the person named on it, shall be signed by the person, and shall bear a serial or other identifying number:\n(A) A valid consular identification document issued by a consulate from the applicant\u2019s country of citizenship, or a valid passport from the applicant\u2019s country of citizenship.\n(B) A driver\u2019s license issued by a state other than California or by a Canadian or Mexican public agency authorized to issue driver\u2019s licenses.\n(C) An identification card issued by a state other than California.\n(D) An identification card issued by any branch of the Armed Forces of the United States.\n(E) An employee identification card issued by an agency or office of the State of California, or by an agency or office of a city, county, or city and county in this state.\n(F) An identification card issued by a federally recognized tribal government.\n(c) An officer who has taken an acknowledgment pursuant to this section shall be presumed to have operated in accordance with the provisions of law.\n(d) A party who files an action for damages based on the failure of the officer to establish the proper identity of the person making the acknowledgment shall have the burden of proof in establishing the negligence or misconduct of the officer.\n(e) A person convicted of perjury under this section shall forfeit any financial interest in the document.\nSEC. 2.\nSection 1.5 of this bill incorporates amendments to Section 1185 of the Civil Code proposed by both this bill and Assembly Bill 2566. 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 1185 of the Civil Code, and (3) this bill is enacted after Assembly Bill 2566, in which case Section 1 of this bill shall not become operative.","title":""}
{"_id":"c277","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 30515 of the Penal Code is amended to read:\n30515.\n(a) Notwithstanding Section 30510, \u201cassault weapon\u201d also means any of the following:\n(1) A semiautomatic, centerfire rifle that does not have a fixed magazine but has any one of the following:\n(A) A pistol grip that protrudes conspicuously beneath the action of the weapon.\n(B) A thumbhole stock.\n(C) A folding or telescoping stock.\n(D) A grenade launcher or flare launcher.\n(E) A flash suppressor.\n(F) A forward pistol grip.\n(2) A semiautomatic, centerfire rifle that has a fixed magazine with the capacity to accept more than 10 rounds.\n(3) A semiautomatic, centerfire rifle that has an overall length of less than 30 inches.\n(4) A semiautomatic pistol that does not have a fixed magazine but has any one of the following:\n(A) A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer.\n(B) A second handgrip.\n(C) A shroud that is attached to, or partially or completely encircles, the barrel that allows the bearer to fire the weapon without burning the bearer\u2019s hand, except a slide that encloses the barrel.\n(D) The capacity to accept a detachable magazine at some location outside of the pistol grip.\n(5) A semiautomatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds.\n(6) A semiautomatic shotgun that has both of the following:\n(A) A folding or telescoping stock.\n(B) A pistol grip that protrudes conspicuously beneath the action of the weapon, thumbhole stock, or vertical handgrip.\n(7) A semiautomatic shotgun that has the ability to accept a detachable magazine.\n(8) Any shotgun with a revolving cylinder.\n(b) For purposes of this section, \u201cfixed magazine\u201d means an ammunition feeding device contained in, or permanently attached to, a firearm in such a manner that the device cannot be removed without disassembly of the firearm action.\n(c) The Legislature finds a significant public purpose in exempting from the definition of \u201cassault weapon\u201d pistols that are designed expressly for use in Olympic target shooting events. Therefore, those pistols that are sanctioned by the International Olympic Committee and by USA Shooting, the national governing body for international shooting competition in the United States, and that were used for Olympic target shooting purposes as of January 1, 2001, and that would otherwise fall within the definition of \u201cassault weapon\u201d pursuant to this section are exempt, as provided in subdivision (d).\n(d) \u201cAssault weapon\u201d does not include either of the following:\n(1) Any antique firearm.\n(2) Any of the following pistols, because they are consistent with the significant public purpose expressed in subdivision (c):\nMANUFACTURER\nMODEL\nCALIBER\nBENELLI\nMP90\n.22LR\nBENELLI\nMP90\n.32 S&W LONG\nBENELLI\nMP95\n.22LR\nBENELLI\nMP95\n.32 S&W LONG\nHAMMERLI\n280\n.22LR\nHAMMERLI\n280\n.32 S&W LONG\nHAMMERLI\nSP20\n.22LR\nHAMMERLI\nSP20\n.32 S&W LONG\nPARDINI\nGPO\n.22 SHORT\nPARDINI\nGP-SCHUMANN\n.22 SHORT\nPARDINI\nHP\n.32 S&W LONG\nPARDINI\nMP\n.32 S&W LONG\nPARDINI\nSP\n.22LR\nPARDINI\nSPE\n.22LR\nWALTHER\nGSP\n.22LR\nWALTHER\nGSP\n.32 S&W LONG\nWALTHER\nOSP\n.22 SHORT\nWALTHER\nOSP-2000\n.22 SHORT\n(3) The Department of Justice shall create a program that is consistent with the purposes stated in subdivision (c) to exempt new models of competitive pistols that would otherwise fall within the definition of \u201cassault weapon\u201d pursuant to this section from being classified as an assault weapon. The exempt competitive pistols may be based on recommendations by USA Shooting consistent with the regulations contained in the USA Shooting Official Rules or may be based on the recommendation or rules of any other organization that the department deems relevant.\nSEC. 2.\nSection 30680 is added to the Penal Code, to read:\n30680.\nSection 30605 does not apply to the possession of an assault weapon by a person who has possessed the assault weapon prior to January 1, 2017, if all of the following are applicable:\n(a) Prior to January 1, 2017, the person would have been eligible to register that assault weapon pursuant to subdivision (b) of Section 30900.\n(b) The person lawfully possessed that assault weapon prior to January 1, 2017.\n(c) The person registers the assault weapon by January 1, 2018, in accordance with subdivision (b) of Section 30900.\nSEC. 3.\nSection 30900 of the Penal Code is amended to read:\n30900.\n(a) (1) Any person who, prior to June 1, 1989, lawfully possessed an assault weapon, as defined in former Section 12276, as added by Section 3 of Chapter 19 of the Statutes of 1989, shall register the firearm by January 1, 1991, and any person who lawfully possessed an assault weapon prior to the date it was specified as an assault weapon pursuant to former Section 12276.5, as added by Section 3 of Chapter 19 of the Statutes of 1989 or as amended by Section 1 of Chapter 874 of the Statutes of 1990 or Section 3 of Chapter 954 of the Statutes of 1991, shall register the firearm within 90 days with the Department of Justice pursuant to those procedures that the department may establish.\n(2) Except as provided in Section 30600, any person who lawfully possessed an assault weapon prior to the date it was defined as an assault weapon pursuant to former Section 12276.1, as it read in Section 7 of Chapter 129 of the Statutes of 1999, and which was not specified as an assault weapon under former Section 12276, as added by Section 3 of Chapter 19 of the Statutes of 1989 or as amended at any time before January 1, 2001, or former Section 12276.5, as added by Section 3 of Chapter 19 of the Statutes of 1989 or as amended at any time before January 1, 2001, shall register the firearm by January 1, 2001, with the department pursuant to those procedures that the department may establish.\n(3) The registration shall contain a description of the firearm that identifies it uniquely, including all identification marks, the full name, address, date of birth, and thumbprint of the owner, and any other information that the department may deem appropriate.\n(4) The department may charge a fee for registration of up to twenty dollars ($20) per person but not to exceed the reasonable processing costs of the department. After the department establishes fees sufficient to reimburse the department for processing costs, fees charged shall increase at a rate not to exceed the legislatively approved annual cost-of-living adjustment for the department\u2019s budget or as otherwise increased through the Budget Act but not to exceed the reasonable costs of the department. The fees shall be deposited into the Dealers\u2019 Record of Sale Special Account.\n(b) (1) Any person who, from January 1, 2001, to December 31, 2016, inclusive, lawfully possessed an assault weapon that does not have a fixed magazine, as defined in Section 30515, including those weapons with an ammunition feeding device that can be readily removed from the firearm with the use of a tool, shall register the firearm before January 1, 2018, but not before the effective date of the regulations adopted pursuant to paragraph (5), with the department pursuant to those procedures that the department may establish by regulation pursuant to paragraph (5).\n(2) Registrations shall be submitted electronically via the Internet utilizing a public-facing application made available by the department.\n(3) The registration shall contain a description of the firearm that identifies it uniquely, including all identification marks, the date the firearm was acquired, the name and address of the individual from whom, or business from which, the firearm was acquired, as well as the registrant\u2019s full name, address, telephone number, date of birth, sex, height, weight, eye color, hair color, and California driver\u2019s license number or California identification card number.\n(4) The department may charge a fee in an amount of up to fifteen dollars ($15) per person but not to exceed the reasonable processing costs of the department. The fee shall be paid by debit or credit card at the time that the electronic registration is submitted to the department. The fee shall be deposited in the Dealers\u2019 Record of Sale Special Account to be used for purposes of this section.\n(5) The department shall adopt regulations for the purpose of implementing this subdivision. These regulations are exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).\nSEC. 4.\nNo reimbursement is required by this act pursuant to Section 6 of Article XIII\u2009B 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\u2009B of the California Constitution.","title":""}
{"_id":"c490","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nThis act shall be known, and may be cited, as the 2015 Realignment Legislation addressing justice reinvestment.\nSEC. 2.\nThe Legislature finds and declares all of the following:\n(a) The Legislature is committed to reducing recidivism among criminal offenders, ensuring that local governments have adequate funding to achieve this goal, and facilitating the responsible implementation of the criminal justice policies contained in the 2011 Realignment Legislation addressing public safety.\n(b) California must continue to reinvest its criminal justice resources to support community-based corrections programs, evidence-based practices, and local correctional facilities in order to achieve improved public safety returns on this state\u2019s substantial investment in its criminal justice system.\n(c) Realigning low-level felony offenders who do not have prior convictions for serious, violent, or sex offenses to locally run community-based corrections programs, which are strengthened through community-based punishment, evidence-based practices, improved supervision strategies, and enhanced secured capacity, has the potential to improve public safety outcomes for adult felons and facilitate their reintegration back into society. However, local governments have indicated that current resources provided by the state to achieve these goals are inadequate. This lack of resources has resulted in deficiencies in bed space, evidence-based programs, and treatment options. Community-based corrections programs require additional funding to meet the level of need and provide an appropriate level of service for offender populations shifted as a result of the 2011 Realignment Legislation addressing public safety.\n(d) By enacting the 2011 Realignment Legislation addressing public safety, the Legislature affirmed its commitment to justice reinvestment and stated that the purpose of justice reinvestment is to manage and allocate criminal justice populations more cost effectively, generating savings that can be reinvested in evidence-based strategies that increase public safety while holding offenders accountable.\n(e) In order to properly implement the 2011 Realignment Legislation addressing public safety, it is the intent of the Legislature to fully commit to justice reinvestment by using identified state savings generated by the 2011 Realignment Legislation addressing public safety and any other necessary funds to provide local governments with maximum flexibility and adequate funding to manage these new offenders in the manner that is in the best interest of public safety, most appropriate to each county, and consistent with principles of justice reinvestment.\n(f) The Department of Corrections and Rehabilitation published a document in April 2012 entitled \u201cThe Future of California Corrections,\u201d sometimes referred to as the \u201cCorrections Blueprint\u201d or the \u201cBlueprint,\u201d detailing the department\u2019s plan to implement the 2011 Realignment Legislation, address public safety, and save billions of dollars. The Department of Finance and the Department of Corrections and Rehabilitation published a report in January 2016 entitled \u201cAn Update to the Future of California Corrections,\u201d which indicated that, after making certain specified adjustments, the Governor\u2019s proposed budget for the Department of Corrections and Rehabilitation for the 2016\u201317 fiscal year is one billion three hundred million dollars ($1,300,000,000) less than the pre-Realignment, pre-Blueprint multiyear forecast for the Department of Corrections and Rehabilitation for the same fiscal year. Some or all of these savings, and any future savings, should be allocated to counties to mitigate the effects of the 2011 Realignment Legislation addressing public safety.\nSEC. 3.\nChapter 6.4 (commencing with Section 30030) is added to Division 3 of Title 3 of the Government Code, to read:\nCHAPTER  6.4. Realignment Reinvestment Fund\n30030.\nFor purposes of this chapter, \u201crealigned offenders\u201d means offenders sentenced to a county jail or to mandatory supervision, or to both county jail and mandatory supervision, pursuant to subdivision (h) of Section 1170 of the Penal Code, offenders subject to postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450) of Part 3 of the Penal Code, and any other offenders under county supervision whose supervision would have been the responsibility of the state if the 2011 Realignment Legislation addressing public safety had not been enacted.\n30031.\n(a) (1) The Realignment Reinvestment Fund is hereby established in the State Treasury. Moneys in the fund are continuously appropriated and shall be used exclusively for the purposes of this chapter.\n(2) (A) Beginning in 2017, on or after July 1, and no later than August 31 of each year, the Director of Finance shall calculate both of the following:\n(i) The actual net savings to the state for the immediately preceding fiscal year resulting from the 2011 Realignment Legislation addressing public safety.\n(ii) An estimate of the net savings to the state for the current fiscal year resulting from the 2011 Realignment Legislation addressing public safety.\n(B) For the calculation pursuant to clauses (i) and (ii) of subparagraph (A), the Director of Finance shall, to the extent possible, use the same methodology used to determine that the proposed 2016\u201317 budget for the Department of Corrections and Rehabilitation is one billion three hundred million dollars ($1,300,000,000) less than the adjusted multiyear forecast for 2016\u201317, as reflected on page 30 of the report published by the Department of Finance and the Department of Corrections and Rehabilitation in January 2016, entitled \u201cAn Update to the Future of California Corrections.\u201d The Director of Finance shall use the same adjustments used in the report when making savings calculations, including adjustments for employee compensation, retirement contributions, Proposition 98 funding, and the activation of the California Health Care facility.\n(3) For the 2016\u201317 fiscal year, the Controller shall transfer one billion three hundred million dollars ($1,300,000,000) from the General Fund to the Realignment Reinvestment Fund for allocation pursuant to paragraph (5).\n(4) Beginning with the 2017\u201318 fiscal year, and each fiscal year thereafter, the Controller shall transfer an amount equal to the difference between the amount identified in subparagraph (A) and the amount identified in subparagraph (B) from the General Fund to the Realignment Reinvestment Fund for allocation pursuant to paragraph (5).\n(A) The estimate of net savings for the current fiscal year calculated pursuant to clause (ii) of subparagraph (A) of paragraph (2).\n(B) An adjustment for the immediately preceding fiscal year that is the result of subtracting the amount calculated pursuant to clause (i) of subparagraph (A) of paragraph (2) for that fiscal year from the amount estimated pursuant to clause (ii) of subparagraph (A) of paragraph (2) for that fiscal year.\n(5) The Controller shall annually allocate moneys in the Realignment Reinvestment Fund, no later than September 1 of each year, to each county and city and county for deposit in the county\u2019s or city and county\u2019s Realignment Reinvestment Services Account proportionally based on the average daily population of realigned offenders under each county\u2019s supervision for the immediately preceding fiscal year. The Controller shall consult with the Board of State and Community Corrections to determine the average daily population for each county.\n(b) There shall be established in each county or city and county treasury a Realignment Reinvestment Services Account to receive all amounts allocated to a county or city and county for purposes of implementing this chapter.\n(c) (1) Each county local Community Corrections Partnership established pursuant to subdivision (b) of Section 1230 of the Penal Code shall recommend a comprehensive, locally run supplemental community-based corrections plan to the county board of supervisors. The purpose of the plan shall be to improve the outcomes of the 2011 Realignment Legislation addressing public safety. The plan may include, but shall not be limited to, mental health programs, substance abuse programs, transitional housing programs, job placement programs, improved supervision strategies, community-based punishment programs, increased law enforcement staffing in cities and counties, county jail construction, maintenance, and operation, assessment and criminal prosecution of realigned offenders, and supervision or aftercare for offenders sentenced pursuant to subdivision (h) of Section 1170 of the Penal Code and offenders subject to postrelease community supervision pursuant to Section 3451 of the Penal Code.\n(A) The supplemental community-based corrections plan may include, but shall not be limited to, all of the following components:\n(i) An assessment of existing law enforcement, probation, education, mental health, health, social services, drug and alcohol, and other services that specifically target realigned offenders and their families.\n(ii) An identification and prioritization of the neighborhoods and other areas in the community that face a significant public safety risk from realigned offenders and associated crimes, including, but not limited to, gang activity, burglary, robbery, vandalism, controlled substances sales, firearm-related violence, and substance abuse.\n(iii) A local action strategy that provides for a continuum of responses to crime and demonstrates a collaborative and integrated approach for implementing a system of swift, certain, and graduated responses for realigned offenders.\n(iv) A schedule of programs identified in clause (iii) that are proposed to be funded pursuant to this subparagraph, including the projected amount of funding for each program.\n(v) An accounting of the number of new crimes or violations committed by realigned offenders.\n(vi) An evaluation of existing services and any gaps that may exist in those services.\n(B) Programs proposed to be funded shall satisfy all of the following requirements:\n(i) Be based on evidence-based programs and approaches that have been demonstrated to be effective in reducing crime or programs that improve public safety through incapacitation, prosecution, or treatment of realigned offenders.\n(ii) Employ information sharing systems to ensure that county and city actions are fully coordinated and designed to provide data for measuring the success of programs and strategies.\n(C) The plan shall also identify the specific objectives of the programs proposed for funding and specified outcome measures to determine the effectiveness of the programs and contain an accounting for all program participants, including those who do not complete the programs. Outcome measures of the programs proposed to be funded shall include, but not be limited to, all of the following when that data is available and relevant to the program:\n(i) The rate of arrests per 100,000 population.\n(ii) The rate of successful completion of probation and postrelease community supervision.\n(iii) The rate of successful completion of restitution and court-ordered community service responsibilities.\n(iv) Arrest, incarceration, and probation violation rates of realigned offenders and other program participants.\n(v) Quantification of the annual per capita costs of the program.\n(D) To assess the effectiveness of programs funded pursuant to this paragraph using the program outcome criteria specified in subparagraph (C), the following periodic reports shall be submitted:\n(i) Each county or city and county shall report, beginning October 15, 2017, and annually each October 15 thereafter, to the county board of supervisors and the Board of State and Community Corrections, in a format specified by the board, on the programs funded pursuant to this chapter and program outcomes as specified in subparagraph (C).\n(ii) The Board of State and Community Corrections shall compile the local reports and, by March 15, 2018, and by March 15 of each year thereafter, make a report to the Governor and the Legislature on program expenditures within each county and city and county funded pursuant to this section and on the outcomes as specified in subparagraph (C). A report submitted pursuant to this clause shall be submitted in compliance with Section 9795 of the Government Code.\n(2) The supplemental community-based corrections plan shall be voted on by an executive committee of each county\u2019s Community Corrections Partnership consisting of the chief probation officer of the county as chair, a chief of police, the sheriff, the district attorney, the public defender, the presiding judge of the superior court, or his or her designee, and one department representative listed in either subparagraph (G), (H), or (J) of paragraph (2) of subdivision (b) of Section 1230 of the Penal Code, as designated by the county board of supervisors for purposes related to the development and presentation of the plan.\n(3) If a supplemental community-based corrections plan has been previously approved by a county\u2019s or city and county\u2019s local Community Corrections Partnership, the plan shall be reviewed annually and modified as needed.\n(4) The supplemental community-based corrections plan or modified supplemental community-based corrections plan shall be deemed accepted by the county board of supervisors unless the board rejects the plan by a vote of four-fifths of the board, in which case the plan shall go back to the Community Corrections Partnership for further consideration.\n(5) The supplemental community-based corrections plan or modified supplemental community-based corrections plan shall be submitted to the Board of State and Community Corrections no later than October 15 of each year.\n(d) The Controller shall allocate funds to local jurisdictions for public safety in accordance with this section as described in subdivision (a).\n(e) Funds allocated pursuant to subdivision (c) shall be expended or encumbered in accordance with this chapter no later than June 30 of the following fiscal year. A local agency that has not met the requirement of this subdivision shall remit the unspent moneys in the Realignment Reinvestment Services Account to the Controller for deposit in the Realignment Reinvestment Fund.\n(f) Beginning in 2017, and no later than May 1 of each year, the Director of Finance shall, in consultation with the Legislative Analyst, develop an estimate of the cost avoidances expected to be realized by the Department of Corrections and Rehabilitation in the current fiscal year that are a result of the 2011 Realignment Legislation addressing public safety and report those estimates to the chairpersons of the committees in each house of the Legislature that consider appropriations and to the Chairperson of the Joint Legislative Budget Committee. A report submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code. The Legislature may consider each year whether to appropriate funds in augmentation of the moneys otherwise allocated pursuant to this chapter in an amount up to and including the amount of cost avoidances reported pursuant to this subdivision.\n30032.\n(a) Moneys allocated from a Realignment Reinvestment Services Account to a recipient entity shall be expended exclusively for services included in the county\u2019s or city and county\u2019s supplemental community-based corrections plan. These moneys shall supplement existing services and shall not be used to supplant any existing funding for law enforcement services or programs or activities included in the supplemental community-based corrections plan provided by that entity.\n(b) In no event shall any moneys allocated from the county\u2019s or city and county\u2019s Realignment Reinvestment Services Account be expended by a recipient entity to fund any of the following:\n(1) Administrative overhead costs in excess of 1 percent of a recipient entity\u2019s Realignment Reinvestment Services Account allocation for that fiscal year.\n(2) The costs of any capital project or construction project that does not directly support programs or activities included in the supplemental community-based corrections plan.\n(c) For purposes of this section, both of the following shall apply:\n(1) A \u201crecipient entity\u201d is that entity that actually incurs the expenditures of Realignment Reinvestment Services Account funds allocated pursuant to subdivision (c) of Section 30301.\n(2) Administrative overhead costs shall only be charged by the recipient entity, as defined in paragraph (1), up to 1 percent of its Realignment Reinvestment Services Account allocation.\n30033.\nThe moneys in the Realignment Reinvestment Services Account established pursuant to subdivision (b) of Section 30031 in each county or city and county shall be expended exclusively as required by this chapter. Moneys allocated from the account shall not be transferred to, or commingled with, the moneys in any other fund in the county or city and county treasury, except that moneys may be transferred from the account to the county\u2019s or city and county\u2019s general fund to the extent necessary to facilitate the appropriation and expenditure of those transferred moneys in the manner required by this chapter.\nSEC. 4.\nIf 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.\nSECTION 1.\nSection 8585.05 of the\nGovernment Code\nis amended to read:\n8585.05.\nUnless the context otherwise requires, for the purposes of this article, the following definitions shall apply:\n(a)\u201cAgency\u201d or \u201coffice\u201d means the Office of Emergency Services.\n(b)\u201cCalifornia Emergency Management Agency\u201d means the Office of Emergency Services.\n(c)\u201cDirector\u201d or \u201csecretary\u201d means the Director of Emergency Services.","title":""}
{"_id":"c45","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nChapter 3.132 (commencing with Section 15820.94) is added to Part 10b of Division 3 of Title 2 of the Government Code, to read:\nCHAPTER  3.132. Financing of Adult Local Criminal Justice Facilities - 2016\n15820.94.\n(a) For purposes of this chapter, \u201cparticipating county\u201d means a county, city and county, or regional consortium of counties, within the state that has been certified to the State Public Works Board (board) by the Board of State and Community Corrections (BSCC) as having satisfied all of the requirements set forth in this chapter for financing an adult local criminal justice facility pursuant to this chapter.\n(b) (1) For purposes of this chapter, an adult local criminal justice facility may include improved housing with an emphasis on expanding program and treatment space as necessary to manage the adult offender population under the jurisdiction of the sheriff or county department of corrections, as may be applicable, consistent with the legislative intent described in Sections 17.5 and 3450 of the Penal Code, to be further defined by the BSCC in duly adopted regulations.\n(2) For purposes of this chapter, an adult local criminal justice facility may also include custodial housing, reentry, program, mental health, or treatment space necessary to manage the adult offender population under the jurisdiction of the sheriff or county department of corrections, as may be applicable, consistent with the legislative intent described in Sections 17.5 and 3450 of the Penal Code, to be further defined by the BSCC in duly adopted regulations.\n15820.940.\n(a) The BSCC or the Department of Corrections and Rehabilitation (CDCR), a participating county, and the board are authorized to acquire, design, and construct an adult local criminal justice facility approved by the BSCC pursuant to Section 15820.945, or to acquire a site or sites owned by, or subject to a lease or option to purchase held by, a participating county. For the purposes of this chapter, acquisition shall include, but is not limited to, acquisition of completed facilities through a build-to-suit purchase. Facilities financed pursuant to this chapter may be delivered through either a design-bid-build or a design-build process. The ownership interest of a participating county in the site or sites for an adult local criminal justice facility shall be determined by the board to be adequate for purposes of its financing in order to be eligible under this chapter.\n(b) Notwithstanding Section 14951, the participating county may assign an inspector during the construction of the adult local criminal justice facility.\n(c) The BSCC or the CDCR, a participating county, and the board shall enter into an agreement for each adult local criminal justice facility that shall provide, at a minimum, performance expectations of the parties related to the acquisition, design, and construction, including, without limitation, renovation, of the adult local criminal justice facility; guidelines and criteria for use and application of the proceeds of revenue bonds, notes, or bond anticipation notes issued by the board to pay for the cost of the approved adult local criminal justice facility; and ongoing maintenance and staffing responsibilities for the term of the financing.\n(d) The agreement shall include a provision that the participating county agrees to indemnify, defend, and hold harmless the State of California for any and all claims and losses arising out of the acquisition, design, and construction of the adult local criminal justice facility. The agreement may also contain additional terms and conditions that facilitate the financing by the board.\n(e) The scope and cost of the adult local criminal justice facilities shall be subject to approval and administrative oversight by the board.\n(f) For purposes of compliance with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), the board, BSCC, and the CDCR are not a lead or responsible agency; the participating county is the lead agency.\n15820.941.\nUpon a participating county\u2019s receipt of responsive construction bids or design-build proposals, or a participating county\u2019s notification to the board of its intent to exercise a purchase option, and after the adult local criminal justice facility has been certified pursuant to Section 15820.94, the board and the BSCC or the CDCR may borrow funds for project costs from the Pooled Money Investment Account pursuant to Sections 16312 and 16313, or from any other appropriate source. In the event any of the revenue bonds, notes, or bond anticipation notes authorized by this chapter are not sold, the BSCC or the CDCR shall commit a sufficient amount of its support appropriation to repay any loans made for an approved adult local criminal justice facility.\n15820.942.\n(a) The board may issue up to two hundred seventy million dollars ($270,000,000) in revenue bonds, notes, or bond anticipation notes, pursuant to Chapter 5 (commencing with Section 15830), to finance the acquisition, design, and construction, including, without limitation, renovation, and a reasonable construction reserve, of approved adult local criminal justice facilities described in Section 15820.940, and any additional amount authorized under Section 15849.6 to pay for the cost of financing.\n(b) Proceeds from the revenue bonds, notes, or bond anticipation notes may be used to reimburse a participating county for the costs of acquisition, design, and construction, including, without limitation, renovation, for approved adult local criminal justice facilities.\n(c) Notwithstanding Section 13340, funds derived pursuant to this section and Section 15820.941 are continuously appropriated for purposes of this chapter.\n15820.943.\nIn support of this state financing, the Legislature finds and declares all of the following:\n(a) California\u2019s current challenges in managing jail populations follow decades of overcrowded and aging jails, and piecemeal, erratic, and incomplete responses to dealing with these problems. Reversing course will require sustainable solutions that must include sound planning and implementation, and must be grounded in the principle that jail resources must be well-planned and employed efficiently and effectively to prevent overcrowding and promote public safety through the broader use of evidence-based practices and policies in the criminal justice system.\n(b) California needs a long-term, statewide strategy to effectively manage its jail population and jail resources. Without an ongoing analytical framework for taking into account factors such as population growth, criminogenic needs of the current and future jail populations, crime rates, custodial housing needs, and additional changes to realignment or sentencing laws and practices, California will continue to resort to reactive, fragmentary fixes to its jail condition and capacity problems instead of being fully prepared to develop an effective and sustainable system of local custodial facilities.\n(c) The county adult criminal justice system needs improved housing with an emphasis on expanding program and treatment space to manage the adult offender population under its jurisdiction.\n(d) Improved county adult criminal justice housing with an emphasis on expanding program and treatment space will enhance public safety throughout the state by providing increased access to appropriate programs or treatment.\n(e) By improving county adult criminal justice housing with an emphasis on expanding program and treatment space, this financing will serve a critical state purpose by promoting public safety.\n(f) This purpose represents valuable consideration in exchange for this state action.\n15820.944.\nWith the consent of the board, the BSCC or the CDCR and a participating county are authorized to enter into leases or subleases, as lessor or lessee, for any property or approved adult local criminal justice facility and are further authorized to enter into contracts or other agreements for the use, maintenance, and operation of the adult local criminal justice facility in order to facilitate the financing authorized by this chapter. In those leases, subleases, or other agreements, the participating county shall agree to indemnify, defend, and hold harmless the State of California for any and all claims and losses accruing and resulting from or arising out of the participating county\u2019s use and occupancy of the adult local criminal justice facility.\n15820.945.\n(a) The BSCC shall adhere to its duly adopted regulations for the approval or disapproval of adult local criminal justice facilities. The BSCC shall also consider cost effectiveness in determining approval or disapproval. No state moneys shall be encumbered in contracts let by a participating county until one of the following occurs:\n(1) Final architectural plans and specifications have been approved by the BSCC, and subsequent construction bids have been received.\n(2) Documents prepared by a participating county pursuant to paragraph (1) of subdivision (a) of Section 22164 of the Public Contract Code have been approved by the BSCC, and subsequent design-build proposals have been received pursuant to that section.\n(3) The participating county has notified the board of its intent to exercise an option to purchase the completed facility pursuant to Section 15820.941.\n(b) The review and approval of plans, specifications, or other documents by the BSCC are for the purpose of ensuring the proper administration of moneys and the determination of whether the adult local criminal justice facility specifications comply with law and regulation. The BSCC may require changes in construction materials to enhance safety and security if materials proposed at the time of final plans and specifications are not essential and customary as used statewide for facilities of the same security level. Participating counties are responsible for the acquisition, design, construction, staffing, operation, repair, and maintenance of the adult local criminal justice facility.\n(c) The BSCC shall establish minimum standards, funding schedules, and procedures, which shall take into consideration, but not be limited to, the following:\n(1) Certification by a participating county of control of the adult local criminal justice facility site through either fee simple ownership of the site or comparable long-term possession of the site, and right of access to the adult local criminal justice facility sufficient to ensure undisturbed use and possession.\n(2) Documentation of the need for improved adult local criminal justice facility housing with an emphasis on expanded program and treatment space. A county shall not be required to submit a new needs assessment if the county previously submitted a needs assessment for a request under the financing program described in Chapter 3.131 (commencing with Section 15820.93).\n(3) A written adult local criminal justice facility proposal.\n(4) Submission of a staffing plan for the adult local criminal justice facility, including operational cost projections and documentation that the adult local criminal justice facility will be able to be safely staffed and operated within 90 days of completion, as may be applicable.\n(5) Submission of architectural drawings, which shall be approved by the BSCC for compliance with minimum adult detention facility standards and which shall also be approved by the State Fire Marshal for compliance with fire safety and life safety requirements.\n(6) Documentation evidencing compliance with the California Environmental Quality Act (CEQA).\n(7) Provisions intended to maintain the tax-exempt status of the bonds, notes, or bond anticipation notes issued by the board.\n15820.946.\n(a) The participating county contribution for adult local criminal justice facilities financed under this chapter shall be a minimum of 10 percent of the total project costs. The BSCC may reduce contribution requirements for participating counties with a general population below 200,000 upon petition by a participating county to the BSCC requesting a lower level of contribution.\n(b) The BSCC shall determine the funding and scoring criteria consistent with the requirements of this chapter. Financing shall be awarded only to those counties that have previously received only a partial award or have never received an award from the state within the financing programs authorized in Chapters 3.11 (commencing with Section 15820.90) to 3.131 (commencing with Section 15820.93), inclusive. Notwithstanding this restriction, twenty million dollars ($20,000,000) of the amount authorized in Section 15820.942 shall be set aside and awarded to Napa County. The funding criteria shall include, as a mandatory criterion, documentation of the percentage of pretrial inmates in the county jail from January 1, 2015, to December 31, 2015, inclusive, and a description of the county\u2019s current risk assessment based pretrial release program. Funding preference shall also be given to counties that are most prepared to proceed successfully with this financing in a timely manner. The determination of preparedness to proceed shall include the following:\n(1) Counties providing a board of supervisors\u2019 resolution authorizing an adequate amount of available matching funds to satisfy the counties\u2019 contribution and approving the forms of the project documents deemed necessary, as identified by the board to the BSCC, to effectuate the financing authorized by this chapter, and authorizing the appropriate signatory or signatories to execute those documents at the appropriate times. The identified matching funds in the resolution shall be compatible with the state\u2019s lease-revenue bond financing.\n(2) Counties providing documentation evidencing CEQA compliance has been completed. Documentation of CEQA compliance shall be either a final Notice of Determination or a final Notice of Exemption, as appropriate, and a letter from county counsel certifying the associated statute of limitations has expired and either no challenges were filed or identifying any challenges filed and explaining how they have been resolved in a manner that allows the project to proceed as proposed.\n(c) Funding consideration shall be given to counties that are seeking to replace compacted, outdated, or unsafe housing capacity that will also add treatment space or counties that are seeking to renovate existing or build new facilities that provide adequate space for the provision of treatment and rehabilitation services, including mental health treatment.\n(d) A participating county may replace existing housing capacity, realizing only a minimal increase of capacity, using this financing authority if the requesting county clearly documents an existing housing capacity deficiency.\n(e) A participating county with a request resulting in any increase in capacity using this financing authority shall be required to certify and covenant in writing that the county is not, and will not be, leasing housing capacity to any other public or private entity for a period of 10 years beyond the completion date of the adult local criminal justice facility.\n(f) Any locked facility constructed or renovated with state funding awarded under this program shall include space to provide onsite, in-person visitation capable of meeting or surpassing the minimum number of weekly visits required by state regulations for persons detained in the facility.\n(g) Any county applying for financing authority under this program shall include a description of efforts to address sexual abuse in its adult local criminal justice facility constructed or renovated pursuant to this chapter.\nSEC. 2.\nThis act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately.","title":""}
{"_id":"c179","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 1720 of the Labor Code is amended to read:\n1720.\n(a) As used in this chapter, \u201cpublic works\u201d means:\n(1) Construction, alteration, demolition, installation, or repair work done under contract and paid for in whole or in part out of public funds, except work done directly by any public utility company pursuant to order of the Public Utilities Commission or other public authority. For purposes of this paragraph, \u201cconstruction\u201d includes work performed during the design and preconstruction phases of construction, including, but not limited to, inspection and land surveying work, and work performed during the postconstruction phases of construction, including, but not limited to, all cleanup work at the jobsite. For purposes of this paragraph, \u201cinstallation\u201d includes, but is not limited to, the assembly and disassembly of freestanding and affixed modular office systems.\n(2) Work done for irrigation, utility, reclamation, and improvement districts, and other districts of this type. \u201cPublic work\u201d does not include the operation of the irrigation or drainage system of any irrigation or reclamation district, except as used in Section 1778 relating to retaining wages.\n(3) Street, sewer, or other improvement work done under the direction and supervision or by the authority of any officer or public body of the state, or of any political subdivision or district thereof, whether the political subdivision or district operates under a freeholder\u2019s charter or not.\n(4) The laying of carpet done under a building lease-maintenance contract and paid for out of public funds.\n(5) The laying of carpet in a public building done under contract and paid for in whole or in part out of public funds.\n(6) Public transportation demonstration projects authorized pursuant to Section 143 of the Streets and Highways Code.\n(7) (A) Infrastructure project grants from the California Advanced Services Fund pursuant to Section 281 of the Public Utilities Code.\n(B) For purposes of this paragraph, the Public Utilities Commission is not the awarding body or the body awarding the contract, as defined in Section 1722.\n(b) For purposes of this section, \u201cpaid for in whole or in part out of public funds\u201d means all of the following:\n(1) The payment of money or the equivalent of money by the state or political subdivision directly to or on behalf of the public works contractor, subcontractor, or developer.\n(2) Performance of construction work by the state or political subdivision in execution of the project.\n(3) Transfer by the state or political subdivision of an asset of value for less than fair market price.\n(4) Fees, costs, rents, insurance or bond premiums, loans, interest rates, or other obligations that would normally be required in the execution of the contract, that are paid, reduced, charged at less than fair market value, waived, or forgiven by the state or political subdivision.\n(5) Money loaned by the state or political subdivision that is to be repaid on a contingent basis.\n(6) Credits that are applied by the state or political subdivision against repayment obligations to the state or political subdivision.\n(c) Notwithstanding subdivision (b):\n(1) Private residential projects built on private property are not subject to the requirements of this chapter unless the projects are built pursuant to an agreement with a state agency, redevelopment agency, or local public housing authority.\n(2) If the state or a political subdivision requires a private developer to perform construction, alteration, demolition, installation, or repair work on a public work of improvement as a condition of regulatory approval of an otherwise private development project, and the state or political subdivision contributes no more money, or the equivalent of money, to the overall project than is required to perform this public improvement work, and the state or political subdivision maintains no proprietary interest in the overall project, then only the public improvement work shall thereby become subject to this chapter.\n(3) (A) If the state or a political subdivision reimburses a private developer for costs that would normally be borne by the public, or provides directly or indirectly a public subsidy to a private development project that is de minimis in the context of the project, an otherwise private development project shall not thereby become subject to the requirements of this chapter.\n(B) For purposes of subparagraph (A), a public subsidy is de minimis if it is both less than two hundred fifty thousand dollars ($250,000) and less than 2 percent of the total project cost. This subparagraph shall not apply to a project that was advertised for bid, or a contract that was awarded, before July 1, 2016.\n(4) The construction or rehabilitation of affordable housing units for low- or moderate-income persons pursuant to paragraph (5) or (7) of subdivision (e) of Section 33334.2 of the Health and Safety Code that are paid for solely with moneys from the Low and Moderate Income Housing Fund established pursuant to Section 33334.3 of the Health and Safety Code or that are paid for by a combination of private funds and funds available pursuant to Section 33334.2 or 33334.3 of the Health and Safety Code do not constitute a project that is paid for in whole or in part out of public funds.\n(5) Unless otherwise required by a public funding program, the construction or rehabilitation of privately owned residential projects is not subject to the requirements of this chapter if one or more of the following conditions are met:\n(A) The project is a self-help housing project in which no fewer than 500 hours of construction work associated with the homes are to be performed by the home buyers.\n(B) The project consists of rehabilitation or expansion work associated with a facility operated on a not-for-profit basis as temporary or transitional housing for homeless persons with a total project cost of less than twenty-five thousand dollars ($25,000).\n(C) Assistance is provided to a household as either mortgage assistance, downpayment assistance, or for the rehabilitation of a single-family home.\n(D) The project consists of new construction, expansion, or rehabilitation work associated with a facility developed by a nonprofit organization to be operated on a not-for-profit basis to provide emergency or transitional shelter and ancillary services and assistance to homeless adults and children. The nonprofit organization operating the project shall provide, at no profit, not less than 50 percent of the total project cost from nonpublic sources, excluding real property that is transferred or leased. Total project cost includes the value of donated labor, materials, architectural, and engineering services.\n(E) The public participation in the project that would otherwise meet the criteria of subdivision (b) is public funding in the form of below-market interest rate loans for a project in which occupancy of at least 40 percent of the units is restricted for at least 20 years, by deed or regulatory agreement, to individuals or families earning no more than 80 percent of the area median income.\n(d) Notwithstanding any provision of this section to the contrary, the following projects shall not, solely by reason of this section, be subject to the requirements of this chapter:\n(1) Qualified residential rental projects, as defined by Section 142(d) of the Internal Revenue Code, financed in whole or in part through the issuance of bonds that receive allocation of a portion of the state ceiling pursuant to Chapter 11.8 (commencing with Section 8869.80) of Division 1 of Title 2 of the Government Code on or before December 31, 2003.\n(2) Single-family residential projects financed in whole or in part through the issuance of qualified mortgage revenue bonds or qualified veterans\u2019 mortgage bonds, as defined by Section 143 of the Internal Revenue Code, or with mortgage credit certificates under a Qualified Mortgage Credit Certificate Program, as defined by Section 25 of the Internal Revenue Code, that receive allocation of a portion of the state ceiling pursuant to Chapter 11.8 (commencing with Section 8869.80) of Division 1 of Title 2 of the Government Code on or before December 31, 2003.\n(3) Low-income housing projects that are allocated federal or state low-income housing tax credits pursuant to Section 42 of the Internal Revenue Code, Chapter 3.6 (commencing with Section 50199.4) of Part 1 of Division 31 of the Health and Safety Code, or Section 12206, 17058, or 23610.5 of the Revenue and Taxation Code, on or before December 31, 2003.\n(e) If a statute, other than this section, or a regulation, other than a regulation adopted pursuant to this section, or an ordinance or a contract applies this chapter to a project, the exclusions set forth in subdivision (d) do not apply to that project.\n(f) For purposes of this section, references to the Internal Revenue Code mean the Internal Revenue Code of 1986, as amended, and include the corresponding predecessor sections of the Internal Revenue Code of 1954, as amended.\n(g) The amendments made to this section by either Chapter 938 of the Statutes of 2001 or the act adding this subdivision shall not be construed to preempt local ordinances requiring the payment of prevailing wages on housing projects.","title":""}
{"_id":"c424","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nThe Legislature finds and declares all of the following:\n(a) California has long been known as the land of opportunity, the republic of the future. But for too many of its residents the future is receding. Inequality continues to rise \u2014 even though California has one of the most progressive tax structures in the nation.\n(b) Something more is needed; a new philosophy of governance that focuses on the overall progressive outcome that can be achieved through modernizing our tax system and investing in the means of upward mobility, above all job creating infrastructure and public higher education for our increasingly youthful population.\n(c) Beyond these foundations, building and sustaining a middle class means new jobs with good wages. Small businesses, like plumbing contractors, auto repair shops, and restaurants that account for over 90 percent of the state\u2019s businesses and well over a third of all jobs, are a key rung on the ladder of upward mobility. They need a tax policy that will enable them to grow and add employees.\n(d) California\u2019s two trillion dollar economy has shifted from being mainly agricultural and manufacturing in the 1950s and 1960s, when the framework of today\u2019s tax system was set, to one based on information and services, which now accounts for 80 percent of all economic activities in the state. To achieve a future as promising as California\u2019s past, we need a tax system that is based on this real economy of the 21st century while ensuring that new revenue is invested in strengthening the ladder of mobility for all our residents.\n(e) California of the 1950s and 1960s was governed with an eye towards the future and was renowned for the opportunities that it created for its residents. California\u2019s water system was born during that era and transformed the desert into fertile agricultural land that not only fed Californians but the world. California also constructed its freeway system to more rapidly and safely move people and goods through the state as California became the gateway to the Pacific Rim. California\u2019s higher education system was the envy of all, reaching new heights as the University of California and the California State University grew by six and eight campuses respectively between 1958 and 1965. California\u2019s investment in infrastructure and education paid off as agriculture, aerospace, and then technology boomed and drove California into the 21st century as the fifth largest economy in the world. As businesses thrived, they created an abundance of middle class jobs that enabled Californians to capitalize on new opportunities to better the standard of living for themselves and their families.\n(f) As California\u2019s economy thrived, however, its eye on the future wavered. By the late 1970s, state and local finances became intertwined; the state increasingly used its funds to support traditionally local operations and both state and local governments pulled back on the types of investments needed to help businesses and residents succeed. Today, Californians live with the investments made more than three generations ago. Fifty-five percent of our local streets need to be repaired or replaced. While the state\u2019s water system received some funding in 2014, more is needed to meet the state\u2019s demands.\n(g) On a local level, 70 percent of Los Angeles\u2019 water infrastructure is composed of cast-iron pipes, most of which was laid during the early half of the 20th century.\n(h) Our financial commitment to kindergarten and grades 1 to 12, inclusive, education has waned. Average Daily Attendance grew anemically by 0.06 percent annually between 2007 and 2011. By 2011, California ranked 43rd in per pupil spending and California\u2019s ADA was $2,580 less than the United States average \u2014 the largest gap in 40 years.\n(i) California\u2019s commitment to higher education has also receded. In addition to opening professional and economic doorways for students, California\u2019s higher education system is one of our most important economic engines. With almost 60 faculty and researchers who have won the Nobel prize, the University of California has over 3,200 active patents and contributes $33 billion to the California economy annually. The California State University generates an additional $17 billion in economic activity and supports 150,000 jobs in the state. Despite its proven value, California has not been able to maintain higher education accessibility for its residents. In the past 20 years, University of California fees have increased by 434 percent and California State University fees by 300 percent. Moreover, California community colleges, the largest provider of workforce training in the nation, increased fees by 130 percent between 2008 and 2012, leading to over a 20 percent decline in enrollment.\n(j) The lack of investment in infrastructure and education has diminished opportunities for Californians and continues to fuel the growing income inequality in California. Since 1970, the poorest 20 percent of Californians have seen their household income grow by just 3.1 percent while the income of the richest 20 percent has climbed 74.6 percent. Since 1987, 71.3 percent of all the gains generated by California\u2019s economy have gone to the state\u2019s wealthiest 10 percent. Moreover, today, California accounts for three of the 10 American cities with the greatest disparities in wealth\u2014San Francisco, Oakland, and Los Angeles.\n(k) (1) The Upward Mobility Act would help ensure California\u2019s residents and businesses can thrive in the 21st century global economy by increasing funding by $10 billion dollars for the following programs, as the revenue becomes available:\n(A) Three billion dollars to K-14 education. Investing in its residents through education is the foundation on which California has always built its economy. This measure would provide new funds to help rebuild California\u2019s education system at every level. The new revenues will help to rebuild classrooms and be available to help protect classroom spending from pending pension fund demands.\n(B) Two billion dollars to the University of California and the California State University. Similarly, the measure would restore investment in California\u2019s prized higher education system, essential to upward mobility for Californians. Revenues would be split evenly between the University of California and the California State University.\n(C) Three billion dollars to local governments. Investing in local governments will more closely connect Californians to the government spending that occurs on their behalf and support the new realignment burdens on local government. Moreover, additional guaranteed funding to provide additional public safety, parks, libraries, or local development, will allow local governments to best meet the specific needs of their particular communities.\n(D) Two billion\ndollars\nfor a new earned income tax credit for low-income families. The Upward Mobility Act would establish a refundable earned income tax credit to help low-income families offset the burden of the proposed sales and use tax on services.\n(E) Small business and minimum wage relief. This measure would enhance the state\u2019s business climate, create jobs, and incentivize entrepreneurship by evaluating the current corporate income tax to determine whether it is meeting its intended purpose while at the same time linking changes to a more reasonable minimum wage.\n(2) Because this funding would be guaranteed, school districts, community colleges, the California State University, the University of California, and local governments would be able to securitize the revenues to make essential long-term investments, just as is the case with real property taxes.\n(l) The Upward Mobility Act will fund these programs to enable the upward mobility of our residents and to help make California\u2019s businesses more competitive by modernizing our tax code. The underlying problem is, while California\u2019s economy has evolved, its tax system failed to keep up with the times. Over the past 60 years, California has moved from an agriculture and manufacturing based economy to a services based economy. As a result, state tax revenues have become less reliant on revenues derived from the Sales and Use Tax on goods and more reliant on revenues derived from the Personal Income Tax. In 1950, the Sales and Use Tax comprised 61 percent of all state revenues; today, it accounts for about 30 percent. The Personal Income Tax accounted for 12 percent of total state revenues in 1950; today, it accounts for more than 60 percent.\n(m) Moreover, California\u2019s General Fund tax collections are heavily dependent on the earnings of its top earners. This has led to dramatic revenue swings year over year. During the dot-com economic boom of the\n1950s\n1990s\nthrough the early part of the 21st century, state revenues soared by as much as 20 percent in a single year. However, as personal incomes tumbled during the Great Recession, state revenues plummeted disproportionately. These swings in revenue have led to the suffering of California\u2019s residents. Essential services, such as health care and child care for low-income families, were cut at a time when they were needed most. In addition, the state cut billions of dollars to education, including adult vocational and literacy education, which could have helped low-income families recover from the recession. Relying on the wealthiest taxpayers to support California\u2019s needs is outdated and dangerous fiscal policy. Not only does it increase the uncertainty of tax collections, but there is evidence that California\u2019s high tax rates may be driving high income earners out of the state, which only deepens revenue shortfalls.\n(n) The economy has shifted away from the production of goods to services. Since 1966 sales of taxable goods, as a share of the economy, have been cut in half. Today services represent 80 percent of California\u2019s economy. Expanding the Sales and Use Tax to cover services removes a significant inequitable aspect of the tax code, implicitly favoring consumer spending on services over goods. Currently the sale of a TurboTax software disk is taxed, whereas a consumer who instead paid H&R Block would escape taxation. In essence, those who produce goods such as software or machinery are supporting those who produce services and information. Taxing only goods and not services when our economy has been so fundamentally transformed makes no sense and is manifestly unfair. This has to change.\n(o) The Upward Mobility Act seeks to make three broad changes to the tax code:\n(1) Broaden the tax base by imposing a sales tax on services to increase revenues. Local jurisdictions would not be authorized to increase sales tax on services, as they now can do with the sales tax on goods. Though the new revenues would be collected by the state, the ownership of those funds allocated to local government under this measure will be controlled by local government using traditional allocation mechanisms. Health care services and education services would be exempted from the tax, and very small businesses with under $100,000 gross sales would be exempted from the sales tax on services.\n(2) Enhance the state\u2019s business climate and incentivize entrepreneurship and business creation by evaluating the corporate income tax to determine whether it is meeting its intended purposes, including whether it is\nborn\nborne\nequitably among California\u2019s businesses and what impact it has on the business climate, while at the same time linking changes to a more reasonable minimum wage.\n(3) Examine the impacts of lowering and simplifying the\nPersonal Income Tax\npersonal income tax\nwhile maintaining progressivity. The measure\u2019s goal is to reduce\nthe income tax rates imposed under the Personal Income Tax\npersonal income tax rates\nfor low-and middle-class-income households so that families earning $100,000 pay only $1,000. The income tax rate for top earners may also be reduced in a manner that balances fairness with mitigating adverse impact to both state revenues and competitiveness. The obligation of top earners with regard to other tax obligations for top earners, including Proposition 63, would remain intact.\n(p) In order to ensure fiscal responsibility, the Upward Mobility Act\u2019s revenue reduction provisions would be phased in only when it is clear that new revenues are sufficient to replace any revisions to the personal income tax and corporate tax.\n(q) As the revenues secured by Proposition 30 expire, California policy decisionmakers must determine new long term ways to provide for state residents. The Upward Mobility Act will increase opportunities for California\u2019s businesses and create an upward mobility ladder for California residents. Moreover, the Upward Mobility Act will realign the state\u2019s outdated tax code with the realities of California\u2019s 21st century economy.\nSEC. 2.\nChapter 3.8 (commencing with Section 6305) is added to Part 1 of Division 2 of the Revenue and Taxation Code, to read:\nCHAPTER  3.8. Services\n6305.\nIn addition to the taxes imposed by this part, for the privilege of selling services at retail a tax is hereby imposed upon all retailers at the rate of ____ percent of the gross receipts of any retailer from the sale of all services sold at retail in this state on or after January 1, ____.\n6306.\nIn addition to the taxes imposed by this part an excise tax is hereby imposed on the receipt of the benefit of the service in this state of services on or after January 1, ____, at the rate specified in Section 6305 of the sales price of the services.","title":""}
{"_id":"c463","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nThe Legislature finds and declares as follows:\n(a) More than $40 million of funding for the training of California\u2019s primary care physicians is expiring in 2016.\n(b) Each year in California, only 368 slots are available to the thousands of medical students seeking to train in family medicine. If the funding is not replaced, 158 of those slots will be lost, creating a terrible deficit of primary care physicians in California\u2019s underserved communities.\n(c) Only 36 percent of California\u2019s active patient care physicians practice primary care. Twenty-three of California\u2019s 58 counties fall below the minimum required primary care physician to population ratio.\n(d) As of 2010, California needed an estimated additional 8,243 primary care physicians by 2030 to prevent projected shortages in the state, which is about 412 new primary care physicians per year.\n(e) More than 32 percent of California\u2019s practicing primary care physicians are 60 years of age or older \u2013 only four other states have a larger percentage of soon-to-retire physicians.\n(f) States with higher ratios of primary care physicians to population have better health outcomes, including decreased mortality from cancer, heart disease, and stroke.\n(g) The Song-Brown program provides an existing state infrastructure to support an increase in the number of primary care providers serving California\u2019s underserved populations. By investing in Song-Brown, California will realize an immediate return on investment as each primary care resident provides an average of 600 additional patient visits per physician per year during training alone.\n(h) California\u2019s long-term workforce will also grow significantly as the vast majority of physicians who train in a region stay there to practice. California leads all fifty states in the percentage of residency program graduates who stay in the state in which they are trained.\nSEC. 2.\nNotwithstanding Section 13340 of the Government Code, there is hereby continuously appropriated from the General Fund the sum of three hundred million dollars ($300,000,000) to the Director of Statewide Health Planning and Development, for the purpose of funding new and existing graduate medical education physician residency positions, and supporting training faculty, pursuant to the Song-Brown Health Care Workforce Training Act (Article 1 (commencing with Section 128200) of Chapter 4 of Part 3 of Division 107 of the Health and Safety Code). The moneys shall be expended as follows:\n(a) The sum of one hundred million dollars ($100,000,000) shall be expended in the 2016\u201317 fiscal year.\n(b) The sum of one hundred million dollars ($100,000,000) shall be expended in the 2017\u201318 fiscal year.\n(c) The sum of one hundred million dollars ($100,000,000) shall be expended in the 2018\u201319 fiscal year.\nSECTION 1.\nArticle 7 (commencing with Section 128590) is added to Chapter 5 of Part 3 of Division 107 of the\nHealth and Safety Code\n, to read:\n7.\nCalifornia Medical Residency Training Program\n128590.\nAs used in this article:\n(a)\u201cDirector\u201d means the Director of Statewide Health Planning and Development.\n(b)\u201cFoundation\u201d means the Health Professions Education Foundation.\n(c)\u201cFund\u201d means the Medical Residency Training Fund.\n(d)\u201cOffice\u201d means the Office of Statewide Health Planning and Development.\n(e)\u201cPanel\u201d means the Medical Residency Training Advisory Panel, established pursuant to Section 128591.\n(f)\u201cPrimary care\u201d means the medical practice areas of family medicine, general surgery, internal medicine, obstetrics and gynecology, pediatrics, psychiatry, and related specialties and subspecialties as the office deems appropriate.\n(g)\u201cResidency position\u201d means a graduate medical education residency position in the field of primary care.\n128591.\n(a)(1)There is established within the foundation the Medical Residency Training Advisory Panel.\n(2)The panel shall consist of 13 members. Seven members shall be appointed by the Governor, one member shall be appointed by the Speaker of the Assembly, one member shall be appointed by the Senate Committee on Rules, two members of the Medical Board of California shall be appointed by the Medical Board of California, and two members of the Osteopathic Medical Board of California shall be appointed by the Osteopathic Medical Board of California.\n(3)The members of the panel appointed by the Governor, the Speaker of the Assembly, and the Senate Committee on Rules shall consist of representatives of designated and nondesignated public hospitals, private hospitals, community clinics, public and private health insurance providers, the pharmaceutical industry, associations of health care practitioners, and other appropriate members of health or related professions.\n(4)All persons considered for appointment shall have an interest in increasing the number of medical residencies in the state, an interest in increasing access to health care in underserved areas of California, and the ability and desire to solicit funds for the purposes of this article, as determined by the appointing power.\n(b)The Governor shall appoint the president of the panel from among those members appointed by the Governor, the Speaker of the Assembly, the Senate Committee on Rules, the Medical Board of California, and the Osteopathic Medical Board of California.\n(c)(1)Of the members of the panel first appointed by the Governor, three members shall be appointed to serve a one-year term, three members shall be appointed to serve a two-year term, and one member shall be appointed to serve a three-year term.\n(2)Each member of the panel first appointed by the Speaker of the Assembly and the Senate Committee on Rules shall be appointed to serve a three-year term.\n(3)Each member of the panel appointed by the Medical Board of California and the Osteopathic Medical Board of California shall be appointed to serve a four-year term.\n(4)Upon the expiration of the initial appointments to the panel by the Governor, the Speaker of the Assembly, the Senate Committee on Rules, the Medical Board of California, and the Osteopathic Medical Board of California, each member shall be appointed to serve a four-year term.\n(d)(1)Members of the panel appointed by the Governor, the Speaker of the Assembly, and the Senate Committee on Rules shall serve without compensation, but shall be reimbursed for any actual and necessary expenses incurred in connection with their duties as members of the panel.\n(2)The members appointed by the Medical Board of California and the Osteopathic Medical Board of California shall serve without compensation, but shall be reimbursed by the Medical Board of California and the Osteopathic Medical Board of California, respectively, for any actual and necessary expenses incurred in connection with their duties as members of the panel.\n(e)Notwithstanding any law relating to incompatible activities, no member of the panel shall be considered to be engaged in activities inconsistent and incompatible with his or her duties solely as a result of membership on the Medical Board of California or the Osteopathic Medical Board of California.\n(f)The panel shall be subject to the Nonprofit Public Benefit Corporation Law (Part 2 (commencing with Section 5110) of Division 2 of Title 2 of the Corporations Code), except that if there is a conflict with this article and the Nonprofit Public Benefit Corporation Law (Part 2 (commencing with Section 5110) of Division 2 of Title 2 of the Corporations Code), this article shall prevail.\n128592.\nThe panel shall do all of the following:\n(a)Solicit and accept funds from business, industry, foundations, and other private or public sources for the purpose of establishing and funding new residency positions in areas of the state described in subdivision (c).\n(b)Encourage public and private sector institutions, including hospitals, colleges, universities, community clinics, and other health agencies and organizations to identify and provide locations for the establishment of new residency positions in areas of the state described in subdivision (c). The panel shall solicit proposals for medical residency programs, as described in subdivision (c), and shall provide to the foundation a copy of all proposals it receives.\n(c)Upon the sufficient solicitation of funds and at the panel\u2019s discretion, recommend to the foundation the establishment of new residency positions. A recommendation shall include all pertinent information required to enter into the necessary contracts to establish the residency positions. The panel shall only approve and recommend to the foundation proposals that would establish residency positions that will serve in any of the following medical service areas:\n(1)A service area that is designated as a primary care shortage area by the office.\n(2)A service area that is designated as a health professional shortage area for primary care, by either population or geographic designation, by the Health Resources and Services Administration of the United States Department of Health and Human Services.\n(3)A service area that is designated as a medically underserved area or medically underserved population by the Health Resources and Services Administration of the United States Department of Health and Human Services.\n(d)Upon foundation approval of a recommendation, deposit into the fund necessary moneys required to establish and fund the residency position.\n(e)Recommend to the director that a portion of the funds solicited from the private sector be used for the administrative requirements of the panel and the foundation.\n(f)Prepare and submit an annual report to the Legislature documenting the amount of money solicited, the amount of money deposited by the panel into the fund, the recommendations for the location and fields of practice of residency positions, total expenditures for the year, and prospective fundraising goals.\n128593.\nThe foundation shall do all of the following:\n(a)Provide technical and staff support to the panel in meeting all of its responsibilities.\n(b)Upon receipt of a recommendation made by the panel pursuant to subdivision (c) of Section 128592, approve the recommendation if the recommendation fulfills the requirements of subdivision (c) of Section 128592 and the recommendation fulfills the goals of this article. Upon sufficient funds being available, an approval shall be sent to the office for implementation pursuant to Section 128594.\n128594.\nThe office shall do all of the following:\n(a)Establish a uniform process by which the panel may solicit proposals from public and private sector institutions, including hospitals, colleges, universities, community clinics, and other health agencies and organizations that train primary care residents. The office shall require that the proposals contain all necessary and pertinent information, including, but not limited to, all of the following:\n(1)The location of the proposed residency position.\n(2)The medical practice area of the proposed residency position.\n(3)Information that demonstrates the area\u2019s need for the proposed residency position and for additional primary care practitioners.\n(4)The amount of funding required to establish and operate the residency position.\n(b)Enter into contracts with public and private sector institutions, including hospitals, colleges, universities, community clinics, and other health agencies and organizations in order to fund and establish residency positions at, or in association with, these institutions.\n(c)Ensure that the residency position has been, or will be, approved by the Accreditation Council for Graduate Medical Education.\n(d)Provide all of the following information to the panel and the foundation as requested:\n(1)The areas of the state that are deficient in primary care services.\n(2)The areas of the state that have the highest number of Medi-Cal enrollees and persons eligible to enroll in Medi-Cal, by proportion of population.\n(3)Other information relevant to assist the panel and the foundation in making recommendations on possible locations for new residency positions.\n(e)Monitor the residencies established pursuant to this article.\n(f)(1)Prepare and submit an annual report to the panel, the foundation, and the Legislature documenting the amount of money contributed to the fund by the panel, the amount of money expended from the fund, the purposes of those expenditures, the number and location of residency positions established and funded, and recommendations for the location of future residency positions.\n(2)The report pursuant to paragraph (1) shall be made to the Legislature pursuant to Section 9795 of the Government Code.\n128595.\n(a)The Medical Residency Training Fund is hereby created within the State Treasury.\n(b)The primary purpose of the fund is to allocate funding for new residency positions throughout the state. Money in the fund shall also be used to pay for the cost of administering the goals of the panel and the foundation as established by this article, and for any other purpose authorized by this article.\n(c)The level of expenditure by the office for the administrative support of the panel and the foundation is subject to review and approval annually through the state budget process.\n(d)In addition to funds raised by the panel, the office and the foundation may solicit and accept public and private donations to be deposited into the fund. All money in the fund is continuously appropriated to the office for the purposes of this article. The office shall manage this fund prudently in accordance with applicable laws.\n128596.\nAny regulations the office adopts to implement this article shall be adopted as emergency regulations in accordance with Section 11346.1 of the Government Code, except that the regulations shall be exempt from the requirements of subdivisions (e), (f), and (g) of that section. The regulations shall be deemed to be emergency regulations for the purposes of Section 11346.1 of the Government Code.\n128597.\nNotwithstanding any other law, the office may exempt from public disclosure any document in the possession of the office that pertains to a donation made pursuant to this article if the donor has requested anonymity.\n128598.\n(a)The Governor may include in the annual budget proposal an amount, as he or she deems reasonable, to be appropriated to the office to be used as provided in this article.\n(b)If the Legislature appropriates money for purposes of this article, the money shall be appropriated to the office, which shall hold the money for distribution to the fund.\n(c)Funds appropriated to the office shall be paid into the fund, upon request of the panel, in an amount matching the amount deposited into the fund by the panel or by the foundation and office pursuant to subdivision (d) of Section 128595 for the purposes of this article. Any money that was appropriated to the office and that has not been distributed to the fund at the end of each fiscal year shall be returned to the General Fund.\nSEC. 2.\nThe Legislature finds and declares that Section 1 of this act, which adds Article 7 (commencing with Section 128590) to Chapter 5 of Part 3 of Division 107 of the Health and Safety Code, imposes a limitation on the public\u2019s 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:\nThe need to protect individual privacy of donations made by a donor to fund new medical residency positions in underserved areas of the state outweighs the interest in the public disclosure of that information.","title":""}
{"_id":"c270","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 301 of the Elections Code is amended to read:\n301.\nA \u201cballot\u201d means any of the following:\n(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.\n(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.\n(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.\n(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.\nSEC. 2.\nSection 303.3 of the Elections Code is amended to read:\n303.3.\n\u201cRemote accessible vote by mail system\u201d 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.\nSEC. 3.\nSection 305.5 is added to the Elections Code, to read:\n305.5.\n\u201cPaper cast vote record\u201d means an auditable document that corresponds to the selection made on the voter\u2019s ballot and lists the contests on the ballot and the voter\u2019s selections for those contests. A paper cast vote record is not a ballot.\nSEC. 4.\nSection 362 of the Elections Code is amended to read:\n362.\n\u201cVoting system\u201d means a mechanical, electromechanical, or electronic system and its software, or any combination of these used for casting a ballot, tabulating votes, or both. \u201cVoting system\u201d does not include a remote accessible vote by mail system.\nSEC. 5.\nSection 19271 of the Elections Code is amended to read:\n19271.\nAs used in this article:\n(a) \u201cAccessible\u201d 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.\n(b) \u201cDirect recording electronic voting system\u201d 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.\n(c) \u201cVoter verified paper audit trail\u201d means a paper cast vote record containing a copy of each of the voter\u2019s 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.\n(d) \u201cPaper cast vote record\u201d means an auditable document that corresponds to the selection made on the voter\u2019s ballot and lists the contests on the ballot and the voter\u2019s selections for those contests. A paper cast vote record is not a ballot.\n(e) \u201cParallel monitoring\u201d 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.\nSEC. 6.\nThe heading of Chapter 3.5 (commencing with Section 19280) of Division 19 of the Elections Code is amended to read:\nCHAPTER  3.5. Certification of Remote Accessible Vote By Mail Systems\nSEC. 7.\nSection 19280 of the Elections Code is amended to read:\n19280.\nThe 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.\nSEC. 8.\nSection 19281 of the Elections Code is amended to read:\n19281.\n(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.\n(b) All other uses of a remote accessible vote by mail system shall be subject to the provisions of Section 19202.\nSEC. 9.\nSection 19282 of the Elections Code is repealed.\nSEC. 10.\nSection 19283 of the Elections Code is amended to read:\n19283.\n(a) The Secretary of State shall adopt and publish standards and regulations governing the use of remote accessible vote by mail systems.\n(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:\n(1) The machine or device and its software shall be suitable for the purpose for which it is intended.\n(2) The remote accessible vote by mail system shall preserve the secrecy of the ballot.\n(3) The remote accessible vote by mail system shall be safe from fraud or manipulation.\n(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.\nSEC. 11.\nSection 19284 of the Elections Code is amended to read:\n19284.\n(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\u2019s 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.\n(b) After receiving an applicant\u2019s 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.\n(c)  As used in this chapter:\n(1) \u201cDefect\u201d 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\u2019s specifications or applicable law.\n(2) \u201cFailure\u201d 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\u2019s product requirements for that software or firmware or applicable law.\n(3) \u201cFault\u201d means a step, process, or data definition in any software or firmware in a ballot marking system that is incorrect under the manufacturer\u2019s program specification or applicable law.\nSEC. 12.\nSection 19285 of the Elections Code is amended to read:\n19285.\nThe 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.\nSEC. 13.\nSection 19286 of the Elections Code is amended to read:\n19286.\nThe 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.\nSEC. 14.\nSection 19287 of the Elections Code is amended to read:\n19287.\n(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.\n(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.\n(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.\nSEC. 15.\nSection 19288 of the Elections Code is amended to read:\n19288.\nWithin 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.\nSEC. 16.\nSection 19290 of the Elections Code is amended to read:\n19290.\n(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.\n(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.\nSEC. 17.\nSection 19291 of the Elections Code is amended to read:\n19291.\nIf 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.\nSEC. 18.\nSection 19292 of the Elections Code is amended to read:\n19292.\nThe 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.\nSEC. 19.\nSection 19293 of the Elections Code is amended to read:\n19293.\n(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:\n(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.\n(2) Immediate commencement of proceedings to withdraw certification or conditional approval for the remote accessible vote by mail system in question.\n(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.\n(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.\n(5) Any other remedial actions authorized by law to prevent unjust enrichment of the offending party.\n(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:\n(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.\n(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.\n(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.\n(2) A penalty imposed pursuant to subparagraph (B) or (C) of paragraph (1) shall be deposited in the General Fund.\n(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.\n(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.\nSEC. 20.\nSection 19294 of the Elections Code is amended to read:\n19294.\n(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.\n(b) Venue for a proceeding under this section shall be exclusively in Sacramento County.\nSEC. 21.\nSection 19295 of the Elections Code is amended to read:\n19295.\nA remote accessible vote by mail system or part of a remote accessible vote by mail system shall not do any of the following:\n(a) Have the capability, including an optional capability, to use a remote server to mark a voter\u2019s selections transmitted to the server from the voter\u2019s computer via the Internet.\n(b) Have the capability, including an optional capability, to store any voter identifiable selections on any remote server.\n(c) Have the capability, including the optional capability, to tabulate votes.","title":""}
{"_id":"c468","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nThe Legislature finds and declares that pilot projects are demonstrating that schools have significantly lower special education costs when schools partner with county-funded Medi-Cal mental health services providers to address the mental health problems of pupils in a comprehensive multitiered model that includes services for pupils at the earliest time, usually years before they would require special education, which can often be prevented. Thus, the Legislature encourages the partnerships authorized by this act to, whenever possible, look for opportunities and funding to provide pupils who do not have individualized education programs, but are in need of, and could benefit from, prevention and early intervention services, with those services. The Legislature further encourages the State Department of Education and the State Department of Health Care Services to work toward the development of protocols to identify students who are Medi-Cal beneficiaries receiving educationally related mental health services as part of an individual educational plan for the purposes of data tracking.\nSEC. 2.\nPart 6 (commencing with Section 5920) is added to Division 5 of the Welfare and Institutions Code, to read:\nPART 6. County and Local Educational Agency Partnerships\n5920.\n(a) Notwithstanding any other law, a county, or a qualified provider operating as part of the county mental health plan network, and a local educational agency may enter into a partnership that includes all of the following:\n(1) The coum 0;\">(3) The local educational agency, with permission of the pupil\u2019s parent, provides the county mental health plan provider with the information of the health insurance carrier for each pupil.\n(4) The agreement between the county mental health plan, or the qualified provider, and the local educational agency addresses how to cover the costs of mental health provider services not covered by funds pursuant to paragraph (1) in the event that mental health service costs exceed the agreed-upon funding outlined in the partnership agreement between the county mental health plan, or the qualified provider, and the local educational agency following a yearend cost reconciliation process, and in the event that the local educational agency does not elect to provide the services through other means.\n(5) The agreement between the county mental health plan, or the qualified provider, and the local educational agency fulfills reporting and all other requirements under state and federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) and Medi-Cal EPSDT provisions, and measures the effect of the mental health intervention and how that intervention meets the goals in a pupil\u2019s IEP or relevant plan for non-IEP pupils.\n(6) The county mental health plan, or the qualified provider, and the local educational agency participate in the performance outcome system established by the State Department of Health Care Services pursuant to Section 14707.5 to measure results of services provided under the partnership agreement between the county mental health plan, or the qualified provider, and the local educational agency.\n(7) A plan to establish a partnership described in this section in at least one school within the local educational agency in the first year and to expand the partnership to three additional schools within three years.\n(b) For purposes of this section, \u201clocal educational agency\u201d has the same meaning as that term is defined in Section 56026.3 of the Education Code.\n(c) Where applicable, and to the extent mutually agreed to by a school district and a plan or insurer, it is the intent of the Legislature that a health care service plan or a health insurer be authorized to participate in the partnerships described in this part.\n5921.\n(a) The County and Local Educational Agency Partnership Fund is hereby created in the State Treasury. Moneys in the fund are available, upon appropriation by the Legislature, to the State Department of Education for the purpose of funding the partnerships described in this part. The State Department of Education shall fund partnerships described in this part through a competitive grant program.\n(b) (1) For the 2017\u201318 fiscal year and each fiscal year thereafter, to the extent there is an appropriation in the annual Budget Act or another measure for purposes of this part, the Superintendent of Public Instruction shall allocate funds from that appropriation to the County and Local Educational Agency Partnership Fund.\n(2) Other funds identified and appropriated by the Legislature may also be deposited into the County and Local Educational Agency Partnership Fund and used for the purposes specified in subdivision (a).\n(c) Funds made available in the annual Budget Act for the purpose of providing educationally related mental health services, including out-of-home residential services for emotionally disturbed pupils, required by an individualized education program, shall be used only for that purpose and shall not be deposited into the County and Local Educational Agency Partnership Fund.","title":""}
{"_id":"c349","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 54954.2 of the Government Code is amended to read:\n54954.2.\n(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\u2019s 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.\n(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:\n(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.\n(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:\n(i) Retrievable, downloadable, indexable, and electronically searchable by commonly used Internet search applications.\n(ii) Platform independent and machine readable.\n(iii) Available to the public free of charge and without any restriction that would impede the reuse or redistribution of the agenda.\n(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:\n(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.\n(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.\n(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.\n(iv) All agendas posted in the integrated agenda management platform shall comply with the requirements in clauses (i), (ii), and (iii) of subparagraph (B).\n(D) For the purposes of this paragraph, both of the following definitions shall apply:\n(i) \u201cIntegrated agenda management platform\u201d 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.\n(ii) \u201cLegislative body\u201d has the same meaning as that term is used in subdivision (a) of Section 54952.\n(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.\n(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.\n(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.\n(1) Upon a determination by a majority vote of the legislative body that an emergency situation exists, as defined in Section 54956.5.\n(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).\n(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.\n(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.\n(d) For purposes of subdivision (a), the requirement that the agenda be posted on the local agency\u2019s Internet Web site, if the local agency has one, shall only apply to a legislative body that meets either of the following standards:\n(1) A legislative body as that term is defined by subdivision (a) of Section 54952.\n(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.\nSEC. 2.\nThe 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:\nIt 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.\nSEC. 3.\nNo reimbursement is required by this act pursuant to Section 6 of Article XIII\u2009B 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.","title":""}
{"_id":"c42","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nChapter 2.3 (commencing with Section 18890) is added to Division 8 of the Business and Professions Code, to read:\nCHAPTER  2.3. Online Child Care Job Posting Services\n18890.\nFor the purposes of this chapter, the following definitions apply:\n(a) \u201cOnline child care job posting service\u201d means any person or business that provides or offers to provide child care providers.\n(b) \u201cBackground check service provider\u201d means any person or business that provides or offers to provide background check services.\n18890.2.\n(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\u2019 profile:\n\n\n\u201cTrustline is California\u2019s 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\u2013800\u2013822\u20138490.\u201d\n\n\n(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\u2019 profile:\n\n\n\u201cPursuant 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\u2019 Internet Web site at \u201cwww.ccld.ca.gov.\u201d\u201d\n\n\n(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).\n(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:\n(1) A detailed description of what is included in the background check.\n(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:\n(A) The source of the data, the name of the database used, and a brief description of the data included in the database.\n(B) The date range of the oldest data and the most recent data included.\n(C) How often the information is updated.\n(D) How the databases are checked (by name, social security number, fingerprints, etc.).\n(E) A list of the counties for which no data is available.\n18890.4.\n(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:\n(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.\n(2) Verifying that the violation was not corrected within the 30-day period described in paragraph (1).\n(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.\n18890.6.\n(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.\n(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.\n(c) The rights and remedies provided in this chapter are in addition to any other rights and remedies provided by law.","title":""}
{"_id":"c470","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nThe Legislature finds and declares the following:\n(a) Every day 22 veterans take their own lives.\n(b) Thirty percent of veterans have considered suicide.\n(b)\nThe number of veterans who take their own lives is likely much higher as certificates of death do not require veteran status to be listed and may be under reporting the number of suicides.\nSEC. 2.\nSection 102875 of the Health and Safety Code is amended to read:\n102875.\nThe certificate of death shall be divided into two sections.\n(a) The first section shall contain those items necessary to establish the fact of the death, including all of the following and those other items as the State Registrar may designate:\n(1) (A) Personal data concerning decedent including full name, sex, color or race, marital status, name of spouse, date of birth and age at death, birthplace, usual residence,\nand\noccupation and industry or\nbusiness.\nbusiness, and, commencing July 1, 2016, whether the decedent was ever in the armed forces of the United States.\n(B)\nCommencing July 1, 2015, a\nA\nperson completing the certificate shall record the decedent\u2019s sex to reflect the decedent\u2019s gender identity. The decedent\u2019s gender identity shall be reported by the informant, unless the person completing the certificate is presented with a birth certificate, a driver\u2019s license, a social security record, a court order approving a name or gender change, a passport, an advanced health care directive, or proof of clinical treatment for gender transition, in which case the person completing the certificate shall record the decedent\u2019s sex as that which corresponds to the decedent\u2019s gender identity as indicated in that document. If none of these documents are presented and the person with the right, or a majority of persons who have equal rights, to control the disposition of the remains pursuant to Section 7100 is in disagreement with the gender identity reported by the informant, the gender identity of the decedent recorded on the death certificate shall be as reported by that person or majority of persons.\n(C)\nCommencing July 1, 2015, if\nIf\na document specified in subparagraph (B) is not presented and a majority of persons who have equal rights to control the disposition of the remains pursuant to Section 7100 do not agree with the gender identity of the decedent as reported by the informant, any one of those persons may file a petition, in the superior court in the county in which the decedent resided at the time of his or her death, or in which the remains are located, naming as a party to the action those persons who otherwise have equal rights to control the disposition and seeking an order of the court determining, as appropriate, who among those parties shall determine the gender identity of the decedent.\n(D)\nCommencing July 1, 2015, a\nA\nperson completing the death certificate in compliance with subparagraph (B) is not liable for any damages or costs arising from claims related to the sex of the decedent as entered on the certificate of death.\n(E)\nCommencing July 1, 2015, a\nA\nperson completing the death certificate shall comply with the data and certification requirements described in Section 102800 by using the information available to him or her prior to the deadlines for completion specified in that section.\n(2) Date of death, including month, day, and year.\n(3) Place of death.\n(4) Full name of father and birthplace of father, and full maiden name of mother and birthplace of mother.\n(5) Informant.\n(6) Disposition of body information\n,\nincluding signature and license number of\nembalmer\nembalmber,\nif\nthe\nbody\nis\nembalmed\nembalmed,\nor name of embalmer if affixed by attorney-in-fact; name of funeral director, or person acting as such; and date and place of interment or removal. Notwithstanding any other\nprovision of law to the contrary,\nlaw,\nan electronic signature substitute, or some other indicator of authenticity, approved by the State Registrar may be used in lieu of the actual signature of the embalmer.\n(7) Certification and signature of attending physician and surgeon or certification and signature of coroner when required to act by law. Notwithstanding any other\nprovision of law to the contrary,\nlaw,\nthe person completing the portion of the certificate setting forth the cause of death may attest to its accuracy by use of an electronic signature substitute, or some other indicator of authenticity, approved by the State Registrar in lieu of a signature.\n(8) Date accepted for registration and signature of local registrar. Notwithstanding any other\nprovision of law to the contrary,\nlaw,\nthe local registrar may elect to use an electronic signature substitute, or some other indicator of authenticity, approved by the State Registrar in lieu of a signature.\n(b) The second section shall contain those items relating to medical and health data, including all of the following and other items as the State Registrar may designate:\n(1) Disease or conditions leading directly to death and antecedent causes.\n(2) Operations and major findings thereof.\n(3) Accident and injury information.\n(4) Information indicating whether the decedent was pregnant at the time of death, or within the year prior to the death, if known, as determined by observation, autopsy, or review of the medical record. This paragraph shall not be interpreted to require the performance of a pregnancy test on a decedent, or to require a review of medical records in order to determine pregnancy.\n(5) Commencing July 1, 2016, information indicating whether the cause of death was suicide. This information shall include all methods of suicide, including suicides that involve law enforcement, also known as \u201csuicide by cop.\u201d\nSEC. 3.\nSection 102791 is added to the Health and Safety Code, to read:\n102791.\nCommencing July 1, 2016, the local registrar shall make data on veteran suicides available to the Department of Veterans Affairs and the United States Department of Veterans Affairs.\nSEC. 4.\nNo reimbursement is required by this act pursuant to Section 6 of Article XIII\u2009B 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\u2009B of the California Constitution.\nHowever, 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.\nSECTION 1.\nSection 800 of the\nMilitary and Veterans Code\nis amended to read:\n800.\n(a)(1)Subject to subdivision (b), in addition to any other benefit provided by law, and to the extent permitted by federal law, any member of the United States Military Reserve or the National Guard of this state who is called to active duty after the enactment of this chapter and before January 1, 2014, as a part of the Iraq and Afghanistan conflicts, may defer payments on any of the following obligations while serving on active duty:\n(A)An obligation secured by a mortgage or deed of trust.\n(B)Credit card, as defined in Section 1747.02 of the Civil Code.\n(C)Retail installment contract, as defined in Section 1802.6 of the Civil Code.\n(D)Retail installment account, installment account, or revolving account, as defined in Section 1802.7 of the Civil Code.\n(E)Up to two vehicle loans.\n(F)Any payment of property tax or special assessment of in-lieu property tax imposed on real property that is assessed on residential property owned by the reservist and used as that reservist\u2019s primary place of residence on the date the reservist was ordered to active duty.\n(2)Subject to subdivision (b), in addition to any other benefit provided by law, and to the extent permitted by federal law, a reservist who is called to active duty on and after January 1, 2014, may defer payments on any of the following obligations while serving on active duty:\n(A)An obligation secured by a mortgage or deed of trust.\n(B)Credit card, as defined in Section 1747.02 of the Civil Code.\n(C)Retail installment contract, as defined in Section 1802.6 of the Civil Code.\n(D)Retail installment account, installment account, or revolving account, as defined in Section 1802.7 of the Civil Code.\n(E)Up to two vehicle loans.\n(F)Any payment of property tax or special assessment of in-lieu property tax imposed on real property that is assessed on residential property owned by the reservist and used as that reservist\u2019s primary place of residence on the date the reservist was ordered to active duty.\n(G)Any obligation owed to a utility company.\n(b)(1)In order for an obligation or liability of a reservist to be subject to this chapter, the reservist or the reservist\u2019s designee shall deliver to the obligor both of the following:\n(A)A letter signed by the reservist, under penalty of perjury, requesting a deferment of financial obligations.\n(B)A copy of the reservist\u2019s activation or deployment order and any other information that substantiates the duration of the service member\u2019s military service.\n(2)If required by a financial institution, proof that the reservist\u2019s employer does not provide continuing income to the reservist while the reservist is on active military duty, including the reservist\u2019s military pay, of more than 90 percent of the reservist\u2019s monthly salary and wage income earned before the call to active duty.\n(c)Upon request of the reservist or the reservist\u2019s dependent or designee and within five working days of that request, if applicable, the employer of a reservist shall furnish the letter or other comparable evidence showing that the employer\u2019s compensation policy does not provide continuing income to the reservist, including the reservist\u2019s military pay, of more than 90 percent of the reservist\u2019s monthly salary and wage income earned before the call to active duty.\n(d)The deferral period on financial obligations shall be the lesser of 180 days or the period of active duty plus 60 calendar days, and shall apply only to those payments due subsequent to the notice provided to a lender as provided in subdivision (b). In addition, the total period of the deferment shall not exceed 180 days within a 365-day period.\n(e)If a lender defers payments on a closed end credit obligation or an open-end credit obligation with a maturity date, pursuant to this chapter, the lender shall extend the term of the obligation by the amount of months the obligation was deferred.\n(f)If a lender defers payments on an open-end credit obligation pursuant to this chapter, the lender may restrict the availability of additional credit with respect to that obligation during the term of the deferral.\n(g)For purposes of this chapter, \u201cvehicle\u201d means a vehicle as defined in Section 670 of the Vehicle Code.","title":""}
{"_id":"c101","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 1170.18 of the Penal Code is amended to read:\n1170.18.\n(a) A person who, on November 5, 2014, was serving a sentence for a conviction, whether by trial or plea, of a felony or felonies who would have been guilty of a misdemeanor under the act that added this section (\u201cthis act\u201d) had this act been in effect at the time of the offense may petition for a recall of sentence before the trial court that entered the judgment of conviction in his or her case to request resentencing in accordance with Sections 11350, 11357, or 11377 of the Health and Safety Code, or Section 459.5, 473, 476a, 490.2, 496, or 666 of the Penal Code, as those sections have been amended or added by this act.\n(b) Upon receiving a petition under subdivision (a), the court shall determine whether the petitioner satisfies the criteria in subdivision (a). If the petitioner satisfies the criteria in subdivision (a), the petitioner\u2019s felony sentence shall be recalled and the petitioner resentenced to a misdemeanor pursuant to Sections 11350, 11357, or 11377 of the Health and Safety Code, or Section 459.5, 473, 476a, 490.2, 496, or 666 of the Penal Code, as those sections have been amended or added by this act, unless the court, in its discretion, determines that resentencing the petitioner would pose an unreasonable risk of danger to public safety. In exercising its discretion, the court may consider all of the following:\n(1) The petitioner\u2019s criminal conviction history, including the type of crimes committed, the extent of injury to victims, the length of prior prison commitments, and the remoteness of the crimes.\n(2) The petitioner\u2019s disciplinary record and record of rehabilitation while incarcerated.\n(3) Any other evidence the court, within its discretion, determines to be relevant in deciding whether a new sentence would result in an unreasonable risk of danger to public safety.\n(c) As used throughout this Code, \u201cunreasonable risk of danger to public safety\u201d means an unreasonable risk that the petitioner will commit a new violent felony within the meaning of clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667.\n(d) A person who is resentenced pursuant to subdivision (b) shall be given credit for time served and shall be subject to parole for one year following completion of his or her sentence, unless the court, in its discretion, as part of its resentencing order, releases the person from parole. Such person is subject to Section 3000.08 parole supervision by the Department of Corrections and Rehabilitation and the jurisdiction of the court in the county in which the parolee is released or resides, or in which an alleged violation of supervision has occurred, for the purpose of hearing petitions to revoke parole and impose a term of custody.\n(e) Under no circumstances may resentencing under this section result in the imposition of a term longer than the original sentence.\n(f) A person who has completed his or her sentence for a conviction, whether by trial or plea, of a felony or felonies who would have been guilty of a misdemeanor under this act had this act been in effect at the time of the offense, may file an application before the trial court that entered the judgment of conviction in his or her case to have the felony conviction or convictions designated as misdemeanors.\n(g) If the application satisfies the criteria in subdivision (f ), the court shall designate the felony offense or offenses as a misdemeanor.\n(h) Unless requested by the applicant, no hearing is necessary to grant or deny an application filed under subsection (f ).\n(i) The provisions of this section shall not apply to persons who have one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 or for an offense requiring registration pursuant to subdivision (c) of Section 290.\n(j) Any petition or application under this section shall be filed on or before November 4, 2022, or at a later date upon showing of good cause.\n(k) Any felony conviction that is recalled and resentenced under subdivision (b) or designated as a misdemeanor under subdivision (g) shall be considered a misdemeanor for all purposes, except that such resentencing shall not permit that person to own, possess, or have in his or her custody or control any firearm or prevent his or her conviction under Chapter 2 (commencing with Section 29800) of Division 9 of Title 4 of Part 6.\n(l) If the court that originally sentenced the petitioner is not available, the presiding judge shall designate another judge to rule on the petition or application.\n(m) Nothing in this section is intended to diminish or abrogate any rights or remedies otherwise available to the petitioner or applicant.\n(n) Nothing in this and related sections is intended to diminish or abrogate the finality of judgments in any case not falling within the purview of this act.\n(o) A resentencing hearing ordered under this act shall constitute a \u201cpost\u2011conviction release proceeding\u201d under paragraph (7) of subdivision (b) of Section 28 of Article I of the California Constitution (Marsy\u2019s Law).","title":""}
{"_id":"c34","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nArticle 7.5 (commencing with Section 48317) is added to Chapter 2 of Part 27 of Division 4 of Title 2 of the Education Code, to read:\nArticle  7.5. School District of Choice Continued Enrollment\n48317.\nNotwithstanding any other law, a pupil attending a school in a school district of choice on or before July 1, 2017, pursuant to Article 7 (commencing with Section 48300), as that article read on December 31, 2016, may continue to attend that school if the school district of choice authorizes the pupil to do so.\n48318.\nThis article shall become operative on July 1, 2017.\nSECTION 1.\nSection 653.23 of the\nPenal Code\nis amended to read:\n653.23.\n(a)It is unlawful for any person to do either of the following:\n(1)Direct, supervise, recruit, or otherwise aid another person in the commission of a violation of subdivision (b) of Section 647 or subdivision (a) of Section 653.22.\n(2)Collect or receive all or part of the proceeds earned from an act or acts of prostitution committed by another person in violation of subdivision (b) of Section 647.\n(b)Among the circumstances that may be considered in determining whether a person is in violation of subdivision (a) are that the person does the following:\n(1)Repeatedly speaks or communicates with another person who is acting in violation of subdivision (b) of Section 647 or subdivision (a) of Section 653.22.\n(2)Repeatedly or continuously monitors or watches another person who is acting in violation of subdivision (b) of Section 647 or subdivision (a) of Section 653.22.\n(3)Repeatedly engages or attempts to engage in conversation with pedestrians or motorists to solicit, arrange, or facilitate an act of prostitution between the pedestrians or motorists and another person who is acting in violation of subdivision (a) of Section 653.22.\n(4)Repeatedly stops or attempts to stop pedestrians or motorists to solicit, arrange, or facilitate an act of prostitution between pedestrians or motorists and another person who is acting in violation of subdivision (a) of Section 653.22.\n(5)Circles an area in a motor vehicle and repeatedly beckons to, contacts, or attempts to contact or stop pedestrians or other motorists to solicit, arrange, or facilitate an act of prostitution between the pedestrians or motorists and another person who is acting in violation of subdivision (a) of Section 653.22.\n(6)Receives or appears to receive money from another person who is acting in violation of subdivision (b) of Section 647 or subdivision (a) of Section 653.22.\n(7)Engages in any of the behavior described in paragraphs (1) to (6), inclusive, in regard to, or on behalf of, two or more persons who are in violation of subdivision (a) of Section 653.22.\n(8)Has been convicted of violating this section, subdivision (a) or (b) of Section 647, subdivision (a) of Section 653.22, Section 236.1, 266h, or 266i, or any other offense relating to or involving prostitution within five years of the arrest under this section.\n(9)Has engaged, within six months prior to the arrest under subdivision (a), in any behavior described in this subdivision, with the exception of paragraph (8), or in any other behavior indicative of prostitution activity.\n(c)The list of circumstances set forth in subdivision (b) is not exclusive. The circumstances set forth in subdivision (b) should be considered particularly salient if they occur in an area that is known for prostitution activity. Any other relevant circumstances may be considered. Moreover, no one circumstance or combination of circumstances is in itself determinative. A violation of subdivision (a) shall be determined based on an evaluation of the particular circumstances of each case.\n(d)This section does not preclude the prosecution of a suspect for a violation of Section 236.1, 266h, or 266i, or for any other offense, or for a violation of this section in conjunction with a violation of Section 236.1, 266h, or 266i, or any other offense.\nSEC. 2.\nSection 602 of the\nWelfare and Institutions Code\nis amended to read:\n602.\n(a)Except as provided in subdivision (b), a person who is under 18 years of age when he or she violates any law of this state or of the United States or any ordinance of any city or county of this state defining crime other than an ordinance establishing a curfew based solely on age, is within the jurisdiction of the juvenile court and may be adjudged a ward of the court.\n(b)Any person who is alleged, when he or she was 14 years of age or older, to have committed one of the following offenses shall be prosecuted under the general law in a court of criminal jurisdiction:\n(1)Murder, as described in Section 187 of the Penal Code, if one of the circumstances enumerated in subdivision (a) of Section 190.2 of the Penal Code is alleged by the prosecutor, and the prosecutor alleges that the minor personally killed the victim.\n(2)The following sex offenses, if the prosecutor alleges that the minor personally committed the offense, and if the prosecutor alleges one of the circumstances enumerated in the One Strike law, subdivision (d) or (e) of Section 667.61 of the Penal Code, applies:\n(A)Rape, as described in paragraph (2) of subdivision (a) of Section 261 of the Penal Code.\n(B)Spousal rape, as described in paragraph (1) of subdivision (a) of Section 262 of the Penal Code.\n(C)Forcible sex offenses in concert with another, as described in Section 264.1 of the Penal Code.\n(D)Forcible lewd and lascivious acts on a child under 14 years of age, as described in subdivision (b) of Section 288 of the Penal Code.\n(E)Forcible sexual penetration, as described in subdivision (a) of Section 289 of the Penal Code.\n(F)Sodomy or oral copulation in violation of Section 286 or 288a of the Penal Code, by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person.\n(G)Lewd and lascivious acts on a child under 14 years of age, as defined in subdivision (a) of Section 288, unless the defendant qualifies for probation under subdivision (d) of Section 1203.066 of the Penal Code.\n(c)(1)Notwithstanding subdivision (a), the juvenile court may dismiss a petition upon a finding that the juvenile who is alleged to have violated Section 653.23 or subdivision (b) of Section 647 of the Penal Code did so due to coercion or duress.\n(2)For purposes of this subdivision, the following definitions apply:\n(A)\u201cCoercion\u201d means a scheme, plan, or pattern intended to cause a person to believe that failure to perform the act would result in serious harm to, or physical restraint against, a person; the abuse or threatened abuse of legal process; debt bondage; or providing and facilitating the possession of a controlled substance to a person with the intent to impair the person\u2019s judgment.\n(B)\u201cDuress\u201d means a direct or implied threat of force, violence, danger, hardship, or retribution sufficient to cause a reasonable person to acquiesce in or perform an act that he or she would otherwise not have submitted to or performed; a direct or implied threat to destroy, conceal, remove, confiscate, or possess an actual or purported passport or immigration document of the victim; or knowingly destroying, concealing, removing, confiscating, or possessing an actual or purported passport or immigration document of the victim.\n(C)\u201cSerious harm\u201d means any harm, whether physical or nonphysical, including, but not limited to, psychological, financial, or reputational harm, that is sufficiently serious, under all surrounding circumstances, to compel a reasonable person of the same background and in the same circumstances to perform or to continue to perform labor, services, or commercial sexual acts in order to avoid incurring that harm.","title":""}
{"_id":"c154","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 146e of the Penal Code is amended to read:\n146e.\n(a) Every person who maliciously, and with the intent to obstruct justice or the due administration of the laws, or with the intent or threat to inflict imminent physical harm in retaliation for the due administration of the laws, publishes, disseminates, or otherwise discloses the residence address or telephone number of any peace officer, nonsworn police dispatcher, employee of a city police department or county sheriff\u2019s office, or public safety official, or that of the spouse or children of these persons who reside with them, while designating the peace officer, nonsworn police dispatcher, employee of a city police department or county sheriff\u2019s office, or public safety official, or relative of these persons as such, without the authorization of the employing agency, shall be punished by imprisonment\nin a county jail not to exceed one year or\npursuant to subdivision (h) of Section 1170.\n(b) A violation of subdivision (a) with regard to any peace officer, employee of a city police department or county sheriff\u2019s office, or public safety official, or the spouse or children of these persons, that results in bodily injury to the peace officer, employee of the city police department or county sheriff\u2019s office, or public safety official, or the spouse or children of these persons, is a felony punishable by imprisonment pursuant to subdivision (h) of Section 1170.\n(c) For purposes of this section, \u201cpublic safety official\u201d is defined in Section 6254.24 of the Government Code.\nSEC. 2.\nSection 148 of the Penal Code is amended to read:\n148.\n(a) (1) Every person who willfully resists, delays, or obstructs any public officer, peace officer, or an emergency medical technician, as defined in Division 2.5 (commencing with Section 1797) of the Health and Safety Code, in the discharge or attempt to discharge any duty of his or her office or employment, when no other punishment is prescribed, shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment.\n(2) Except as provided by subdivision (d) of Section 653t, every person who knowingly and maliciously interrupts, disrupts, impedes, or otherwise interferes with the transmission of a communication over a public safety radio frequency shall be punished by a fine not exceeding one thousand dollars ($1,000), imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment.\n(b) Every person who, during the commission of any offense described in subdivision (a), removes or takes any weapon, other than a firearm, from the person of, or immediate presence of, a public officer or peace officer shall be punished by imprisonment pursuant to subdivision (h) of Section 1170.\n(c) Every person who, during the commission of any offense described in subdivision (a), removes or takes a firearm from the person of, or immediate presence of, a public officer or peace officer\nshall be punished\nis guilty of a felony punishable\nby imprisonment in state prison.\n(d) Except as provided in subdivision (c) and notwithstanding subdivision (a) of Section 489, every person who removes or takes without intent to permanently deprive, or who attempts to remove or take a firearm from the person of, or immediate presence of, a public officer or peace officer, while the officer is engaged in the performance of his or her lawful duties, shall be punished by imprisonment\nin a county jail not to exceed one year or\npursuant to subdivision (h) of Section 1170.\nIn order to prove a violation of this subdivision, the prosecution shall establish that the defendant had the specific intent to remove or take the firearm by demonstrating that any of the following direct, but ineffectual, acts occurred:\n(1) The officer\u2019s holster strap was unfastened by the defendant.\n(2) The firearm was partially removed from the officer\u2019s holster by the defendant.\n(3) The firearm safety was released by the defendant.\n(4) An independent witness corroborates that the defendant stated that he or she intended to remove the firearm and the defendant actually touched the firearm.\n(5) An independent witness corroborates that the defendant actually had his or her hand on the firearm and tried to take the firearm away from the officer who was holding it.\n(6) The defendant\u2019s fingerprint was found on the firearm or holster.\n(7) Physical evidence authenticated by a scientifically verifiable procedure established that the defendant touched the firearm.\n(8) In the course of any struggle, the officer\u2019s firearm fell and the defendant attempted to pick it up.\n(e) A person shall not be convicted of a violation of subdivision (a) in addition to a conviction of a violation of subdivision (b), (c), or (d) when the resistance, delay, or obstruction, and the removal or taking of the weapon or firearm or attempt thereof, was committed against the same public officer, peace officer, or emergency medical technician. A person may be convicted of multiple violations of this section if more than one public officer, peace officer, or emergency medical technician are victims.\n(f) This section shall not apply if the public officer, peace officer, or emergency medical technician is disarmed while engaged in a criminal act.\nSEC. 3.\nSection 243 of the\nPenal Code\nis amended to read:\n243.\n(a)A battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment.\n(b)When a battery is committed against the person of a peace officer, custodial officer, firefighter, emergency medical technician, lifeguard, security officer, custody assistant, process server, traffic officer, code enforcement officer, animal control officer, or search and rescue member engaged in the performance of his or her duties, whether on or off duty, including when the peace officer is in a police uniform and is concurrently performing the duties required of him or her as a peace officer while also employed in a private capacity as a part-time or casual private security guard or patrolman, or a nonsworn employee of a probation department engaged in the performance of his or her duties, whether on or off duty, or a physician or nurse engaged in rendering emergency medical care outside a hospital, clinic, or other health care facility, and the person committing the offense knows or reasonably should know that the victim is a peace officer, custodial officer, firefighter, emergency medical technician, lifeguard, security officer, custody assistant, process server, traffic officer, code enforcement officer, animal control officer, or search and rescue member engaged in the performance of his or her duties, nonsworn employee of a probation department, or a physician or nurse engaged in rendering emergency medical care, the battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment.\n(c)(1)When a battery is committed against a custodial officer, firefighter, emergency medical technician, lifeguard, process server, traffic officer, or animal control officer engaged in the performance of his or her duties, whether on or off duty, or a nonsworn employee of a probation department engaged in the performance of his or her duties, whether on or off duty, or a physician or nurse engaged in rendering emergency medical care outside a hospital, clinic, or other health care facility, and the person committing the offense knows or reasonably should know that the victim is a nonsworn employee of a probation department, custodial officer, firefighter, emergency medical technician, lifeguard, process server, traffic officer, or animal control officer engaged in the performance of his or her duties, or a physician or nurse engaged in rendering emergency medical care, and an injury is inflicted on that victim, the battery is punishable by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years.\n(2)When the battery specified in paragraph (1) is committed against a peace officer engaged in the performance of his or her duties, whether on or off duty, including when the peace officer is in a police uniform and is concurrently performing the duties required of him or her as a peace officer while also employed in a private capacity as a part-time or casual private security guard or patrolman and the person committing the offense knows or reasonably should know that the victim is a peace officer engaged in the performance of his or her duties, the battery is punishable by a fine of not more than ten thousand dollars ($10,000), or by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years, or by both that fine and imprisonment.\n(d)When a battery is committed against any person and serious bodily injury is inflicted on the person, the battery is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years.\n(e)(1)When a battery is committed against a spouse, a person with whom the defendant is cohabiting, a person who is the parent of the defendant\u2019s child, former spouse, fianc\u00e9, or fianc\u00e9e, or a person with whom the defendant currently has, or has previously had, a dating or engagement relationship, the battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail for a period of not more than one year, or by both that fine and imprisonment. If probation is granted, or the execution or imposition of the sentence is suspended, it shall be a condition thereof that the defendant participate in, for no less than one year, and successfully complete, a batterer\u2019s treatment program, as described in Section 1203.097, or if none is available, another appropriate counseling program designated by the court. However, this provision shall not be construed as requiring a city, a county, or a city and county to provide a new program or higher level of service as contemplated by Section 6 of Article XIII\u2009B of the California Constitution.\n(2)Upon conviction of a violation of this subdivision, if probation is granted, the conditions of probation may include, in lieu of a fine, one or both of the following requirements:\n(A)That the defendant make payments to a battered women\u2019s shelter, up to a maximum of five thousand dollars ($5,000).\n(B)That the defendant reimburse the victim for reasonable costs of counseling and other reasonable expenses that the court finds are the direct result of the defendant\u2019s offense.\nFor any order to pay a fine, make payments to a battered women\u2019s shelter, or pay restitution as a condition of probation under this subdivision, the court shall make a determination of the defendant\u2019s ability to pay. In no event shall any order to make payments to a battered women\u2019s shelter be made if it would impair the ability of the defendant to pay direct restitution to the victim or court-ordered child support. 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 this section, 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 section, until all separate property of the offending spouse is exhausted.\n(3)Upon conviction of a violation of this subdivision, if probation is granted or the execution or imposition of the sentence is suspended and the person has been previously convicted of a violation of this subdivision and sentenced under paragraph (1), the person shall be imprisoned for not less than 48 hours in addition to the conditions in paragraph (1). However, the court, upon a showing of good cause, may elect not to impose the mandatory minimum imprisonment as required by this subdivision and may, under these circumstances, grant probation or order the suspension of the execution or imposition of the sentence.\n(4)The Legislature finds and declares that these specified crimes merit special consideration when imposing a sentence so as to display society\u2019s condemnation for these crimes of violence upon victims with whom a close relationship has been formed.\n(5)If a peace officer makes an arrest for a violation of paragraph (1) of subdivision (e) of this section, the peace officer is not required to inform the victim of his or her right to make a citizen\u2019s arrest pursuant to subdivision (b) of Section 836.\n(f)As used in this section:\n(1)\u201cPeace officer\u201d means any person defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.\n(2)\u201cEmergency medical technician\u201d means a person who is either an EMT-I, EMT-II, or EMT-P (paramedic), and possesses a valid certificate or license in accordance with the standards of Division 2.5 (commencing with Section 1797) of the Health and Safety Code.\n(3)\u201cNurse\u201d means a person who meets the standards of Division 2.5 (commencing with Section 1797) of the Health and Safety Code.\n(4)\u201cSerious bodily injury\u201d means a serious impairment of physical condition, including, but not limited to, the following: loss of consciousness; concussion; bone fracture; protracted loss or impairment of function of any bodily member or organ; a wound requiring extensive suturing; and serious disfigurement.\n(5)\u201cInjury\u201d means any physical injury which requires professional medical treatment.\n(6)\u201cCustodial officer\u201d means any person who has the responsibilities and duties described in Section 831 and who is employed by a law enforcement agency of any city or county or who performs those duties as a volunteer.\n(7)\u201cLifeguard\u201d means a person defined in paragraph (5) of subdivision (d) of Section 241.\n(8)\u201cTraffic officer\u201d means any person employed by a city, county, or city and county to monitor and enforce state laws and local ordinances relating to parking and the operation of vehicles.\n(9)\u201cAnimal control officer\u201d means any person employed by a city, county, or city and county for purposes of enforcing animal control laws or regulations.\n(10)\u201cDating relationship\u201d means frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement independent of financial considerations.\n(11)(A)\u201cCode enforcement officer\u201d means any person who is not described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 and who is employed by any governmental subdivision, public or quasi-public corporation, public agency, public service corporation, any town, city, county, or municipal corporation, whether incorporated or chartered, who has enforcement authority for health, safety, and welfare requirements, and whose duties include enforcement of any statute, rules, regulations, or standards, and who is authorized to issue citations, or file formal complaints.\n(B)\u201cCode enforcement officer\u201d also includes any person who is employed by the Department of Housing and Community Development who has enforcement authority for health, safety, and welfare requirements pursuant to the Employee Housing Act (Part 1 (commencing with Section 17000) of Division 13 of the Health and Safety Code); the State Housing Law (Part 1.5 (commencing with Section 17910) of Division 13 of the Health and Safety Code); the Manufactured Housing Act of 1980 (Part 2 (commencing with Section 18000) of Division 13 of the Health and Safety Code); the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code); and the Special Occupancy Parks Act (Part 2.3 (commencing with Section 18860) of Division 13 of the Health and Safety Code).\n(12)\u201cCustody assistant\u201d means any person who has the responsibilities and duties described in Section 831.7 and who is employed by a law enforcement agency of any city, county, or city and county.\n(13)\u201cSearch and rescue member\u201d means any person who is part of an organized search and rescue team managed by a government agency.\n(14)\u201cSecurity officer\u201d means any person who has the responsibilities and duties described in Section 831.4 and who is employed by a law enforcement agency of any city, county, or city and county.\n(g)It is the intent of the Legislature by amendments to this section at the 1981\u201382 and 1983\u201384 Regular Sessions to abrogate the holdings in cases such as People v. Corey, 21 Cal. 3d 738, and Cervantez v. J.C. Penney Co., 24 Cal. 3d 579, and to reinstate prior judicial interpretations of this section as they relate to criminal sanctions for battery on peace officers who are employed, on a part-time or casual basis, while wearing a police uniform as private security guards or patrolmen and to allow the exercise of peace officer powers concurrently with that employment.\nSEC. 4.\nSection 243.1 of the\nPenal Code\nis amended to read:\n243.1.\nWhen a battery is committed against the person of a custodial officer as defined in Section 831 of the Penal Code, and the person committing the offense knows or reasonably should know that the victim is a custodial officer engaged in the performance of his or her duties, and the custodial officer is engaged in the performance of his or her duties, the offense shall be punished by imprisonment in state prison.\nSEC. 3.\nSection 244.5 of the Penal Code is amended to read:\n244.5.\n(a) As used in this section, \u201cstun gun\u201d means any item, except a less lethal weapon, as defined in Section 16780, used or intended to be used as either an offensive or defensive weapon that is capable of temporarily immobilizing a person by the infliction of an electrical charge.\n(b) Every person who commits an assault upon the person of another with a stun gun or less lethal weapon, as defined in Section 16780, shall be punished by imprisonment in a county jail for a term not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, two, or three years.\n(c) Every person who commits an assault upon the person of a peace officer or firefighter with a stun gun or less lethal weapon, as defined in Section 16780, who knows or reasonably should know that the person is a peace officer or firefighter engaged in the performance of his or her duties, when the peace officer or firefighter is engaged in the performance of his or her duties, shall be punished by\nimprisonment in the county jail for a term not exceeding one year, or by\nimprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years.\n(d) This section shall not be construed to preclude or in any way limit the applicability of Section 245 in any criminal prosecution.\nSEC. 5.\nSEC. 4.\nNo reimbursement is required by this act pursuant to Section 6 of Article XIII\u2009B 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\u2009B of the California Constitution.","title":""}
{"_id":"c425","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nThe Legislature finds and declares all of the following:\n(a) California has one of the lowest Selective Service System registration compliance rates in the nation.\n(b) Males who are between 18 and 26 years of age who fail to register with the Selective Service System, as required by federal law, face possible federal penalties and loss of federal benefits, including student financial assistance, federal employment, such as employment with the United States Postal Service, job training under the federal Workforce Investment Act (29 U.S.C. Sec. 2801 et seq.), and citizenship for immigrants.\n(c) California law requires selective service registration for state student financial aid, including Cal grants and financial aid for immigrants under the California Dream Act.\n(d) The failure of young men to register with the federal Selective Service System has resulted in the lifetime loss of over $100,000,000 in potential benefits over the last three years for young men in California.\n(e) Forty states, four territories, and the District of Columbia have enacted legislation related to the issuance of a driver\u2019s license in support of the federal Selective Service System registration. Most of these jurisdictions have selected optional registration consistent with the program design in this act.\n(f) To promote the fairness and equity of any future draft, to ensure that important benefits associated with the registration requirement are not lost, and to promote compliance with federal law, the driver\u2019s license application process should be revised so that every male applicant for an original driver\u2019s license who is between 18 and 26 years of age may consent to his registration with the federal Selective Service System, as required by federal law.\nSEC. 2.\nSection 12801.3 is added to the Vehicle Code, to read:\n12801.3.\n(a) The department shall require an application for an original driver\u2019s license to include, in a place deemed appropriate by the department, all of the following:\n(1) The following statement and a line by the statement for the applicant\u2019s signature:\n\n\n\u201cI am a man between 18 and 26 years of age and I consent to registration with the Selective Service System. I understand that my consent to registration with the Selective Service System is not necessary in order to be granted a driver\u2019s license.\u201d\n\n\n(2) A notice indicating the following:\n\n\n\u201cSelective Service System Registration\nMales between the ages 18 and 26 are required by federal law to register with the Selective Service System. Failure to register will result in ineligibility for federal and state student loans and grants, federal job training benefits, federal employment, state and local law enforcement employment, and United States citizenship for male immigrants seeking citizenship. Failure to register is also punishable by up to five years imprisonment and a $250,000 fine.\u201d\n\n\n(3) A notice indicating the following:\n\n\n\u201cFor applicants who object to conventional military service for religious or other conscientious reasons, alternative service information is available from the federal Selective Service System Internet Web site: http:\/\/www.sss.gov\/FSaltsvc.htm\u201d\n\n\n(b) Notwithstanding any other law, a person who is required to be registered under the federal Military Selective Service Act (50 U.S.C. App. Sec. 451 et seq.) and who submits an application for an original driver\u2019s license with his signature on the line described in paragraph (1) of subdivision (a) is deemed to have consented to registration with the federal Selective Service System and the submission of that application shall establish a conclusive presumption that the person has authorized the department to forward to the federal Selective Service System the necessary information for the federal Selective Service System to register him.\n(c) The department shall not forward to the federal Selective Service System the personal information of a person who did not consent to registration, except that the department may provide to the federal Selective Service System personal information that is provided in accordance with a memorandum of understanding between the department and the federal Selective Service System for the purpose of that memorandum of understanding.\n(d) The department shall, at least monthly, forward to the federal Selective Service System, in an electronic format, the necessary personal information required for the registration of a person who has consented to registration.\n(e) (1) (A) This section shall be implemented by the department only if both of the following conditions are satisfied:\n(i) Federal funding in an amount sufficient to pay for all implementation and first year operating costs has been provided.\n(ii) The federal Selective Service System executes a memorandum of understanding with the department that includes an agreement that the federal Selective Service System shall not refer any personal information submitted to it by the department to the U.S. Immigration and Customs Enforcement for any purpose.\n(B) On or before June 30, 2016, the Director of Motor Vehicles shall do all of the following:\n(i) Determine whether the conditions specified in subparagraph (A) are satisfied.\n(ii) Execute a declaration stating his or her determination of whether the conditions specified in subparagraph (A) are satisfied. The declaration shall state that it is being made pursuant to this section.\n(iii) Retain the declaration and provide a copy within five working days of the execution of the declaration to the fiscal and appropriate policy committees of the Legislature, the Secretary of State, the Secretary of the Senate, the Chief Clerk of the Assembly, the Legislative Counsel, and the federal Selective Service System.\n(iv) Post a copy of the declaration on the department\u2019s Internet Web site.\n(2) Subject to paragraph (1), the department shall implement subdivisions (a) to (d), inclusive, of this section on or before January 31, 2017.","title":""}
{"_id":"c36","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nChapter 1.1 (commencing with Section 7283.60) is added to Part 1.7 of Division 2 of the Revenue and Taxation Code, to read:\nCHAPTER  1.1. Voluntary Occupancy Tax Collection\n7283.60.\nFor purposes of this chapter, the following terms have the following meanings:\n(a) \u201cParticipating platform\u201d means a platform that assumes the responsibility for collecting and remitting to a city, county, or city and county on behalf of an operator in a participating jurisdiction pursuant to this chapter, the amount of transient occupancy tax on a rental transaction that is facilitated by the platform for a unit that is offered for occupancy for tourist or transient use for compensation to the operator within a participating jurisdiction.\n(b) \u201cParticipating jurisdiction\u201d means a city, county, or city and county that has adopted a resolution that permits a participating platform to collect and remit all transient occupancy tax on rental transactions that are facilitated by the platform for any unit that is offered for occupancy for tourist or transient use for compensation to an operator within its jurisdiction and has notified the Controller pursuant to subdivision (b) of Section 7283.63, and in which a participating platform is collecting and remitting transient occupancy tax on rental transactions that are facilitated by the platform for any unit that is offered for occupancy for tourist or transient use for compensation to an operator within its jurisdiction.\n(c) \u201cOperator\u201d means a person offering, through a platform, to make a unit available for tourist or transient use.\n(d) \u201cPersonally identifiable information\u201d means operator information and identifiable transaction-level records. \u201cOperator information\u201d means a taxpayer\u2019s or operator\u2019s identifying information, including without limitation, the taxpayer\u2019s or operator\u2019s name, the taxpayer\u2019s or operator\u2019s address, and the property address of any unit made available by an operator or occupied by a taxpayer through a participating platform. \u201cIdentifiable transaction-level records\u201d means any information that reveals the amount of rent collected or the amount of transient occupancy tax collected with respect to any individual transaction or any individual operator.\n(e) \u201cPlatform\u201d means a marketplace that is created for the primary purpose of facilitating the rental of a unit offered for occupancy for tourist or transient use for compensation to the operator of that unit, and the owner of the marketplace derives revenues, including booking fees or advertising revenues, from providing or maintaining that marketplace. \u201cFacilitating\u201d includes, but is not limited to, the act of allowing the operator of the unit to offer or advertise the unit on the Internet Web site provided or maintained by the owner of the platform.\n(f) \u201cTransient occupancy tax\u201d means a tax on the privilege of occupying a room or rooms, or other living space, in a hotel, inn, tourist home or house, motel, or other lodging unless the occupancy is for a period of more than 30 days.\n7283.61.\nOn and after July 1, 2017, every participating platform shall collect on behalf of an operator the amount of any transient occupancy tax on every rental transaction that is facilitated by the participating platform for a unit that is offered for occupancy for tourist or transient use for compensation to the operator and is located within a participating jurisdiction. The participating platform shall remit the amount to the participating jurisdiction pursuant to applicable requirements of local ordinances governing the remission, but not the reporting, of the tax.\n7283.62.\nOn or before March 1, 2017, the Controller shall develop and publicly notice both of the following:\n(a) Procedures that a platform shall use to notify the Controller if the platform elects to, or discontinues its election to, become a participating platform.\n(b) Procedures that a city, county, or city and county shall use to notify the Controller if the city, county, or city and county elects to, or discontinues its election to, become a participating jurisdiction.\n7283.63.\n(a) On or before March 1, 2017, a platform may elect to become a participating platform by using the procedures developed pursuant to subdivision (a) of Section 7283.62 to notify the Controller of the platform\u2019s election.\n(b) On or before April 30, 2017, a city, county, or city and county may elect by resolution to become a participating jurisdiction by using the procedures developed pursuant to subdivision (b) of Section 7283.62 to notify the Controller of the city\u2019s, county\u2019s, or city and county\u2019s election.\n(c) An election made pursuant to this section is effective upon receipt by the Controller and until discontinued by the platform or city, county, or city and county pursuant to Section 7283.65, except that a city, county, or city and county\u2019s election pursuant to this section shall not be effective as to a participating platform that, on or before June 15, 2017, notifies the Controller that the participating platform will not collect and remit transient occupancy tax in the city, county, or city and county.\n(d) The Controller shall publicly identify, by posting on the Controller\u2019s Internet Web site, each platform and each city, county, or city and county that has provided a notification to the Controller pursuant to this section as soon as possible upon receipt, but in no event later than May 31, 2017.\n7283.64.\nOn or after July 1, 2017, a platform that did not elect to become a participating platform pursuant to Section 7283.63 or had previously elected to discontinue its status as a participating platform may elect or reelect to become a participating platform by using the procedures developed pursuant to subdivision (a) of Section 7283.62 to notify the Controller of the platform\u2019s election. An election made pursuant to this section is effective six months after receipt by the Controller or the date specified in the notice, whichever is later, and until discontinued by the platform pursuant to Section 7283.65. The Controller shall publicly identify, by posting on the Controller\u2019s Internet Web site, each platform that has provided a notification to the Controller pursuant to this section as soon as possible upon receipt.\n7283.65.\n(a) A participating platform may elect to discontinue its status as a participating platform by using the procedures developed pursuant to subdivision (a) of Section 7283.62 to notify the Controller of the participating platform\u2019s election. An election made pursuant to this subdivision is effective on the first day of the month that is six months after the date of the election. A participating platform may notify the Controller that the participating platform will discontinue collecting and remitting transient occupancy tax in any participating jurisdiction that amends or otherwise alters the ordinance, rules, or provisions applicable to transient occupancy tax in the participating jurisdiction upon the effective date of the amendments or alterations.\n(b) On or before June 30, 2018, or June 30 of any year thereafter, a participating jurisdiction may elect to discontinue its status as a participating jurisdiction, or a city, county, or city and county may elect to become a participating jurisdiction, by using the procedures developed pursuant to subdivision (b) of Section 7283.62 to notify the Controller of the participating jurisdiction\u2019s or city\u2019s, county\u2019s, or city and county\u2019s election. An election made by June 30 of any year pursuant to this subdivision is effective on January 1 of the following year after the election, except that a city, county, or city and county\u2019s election pursuant to this subdivision shall not be effective as to a participating platform that, on or before November 15 of the year in which the election is made, notifies the Controller that the participating platform will not collect and remit transient occupancy tax in the city, county, or city and county.\n(c) The Controller shall publicly identify, by posting on the Controller\u2019s Internet Web site, each platform and each city, county, or city and county that has provided a notification to the Controller pursuant to this section as soon as possible upon receipt.\n7283.66.\n(a) By December 31, 2018, and by December 31 of each year thereafter, the Controller shall review or audit a participating platform\u2019s collection and remittance of tax revenue pursuant to Section 7283.61 and shall submit a final report to each participating jurisdiction in which the participating platform collected and remitted taxes. The final report shall not disclose any personally identifiable information and shall contain only the following information:\n(1) A general description of the Controller\u2019s review or audit findings.\n(2) The aggregate amount of taxes collected and remitted to each participating jurisdiction by each participating platform during the period covered by the report.\n(3) An identification of any errors in the collection and remittance of tax revenues within the participating jurisdiction that were determined as a result of any review or audit in the participating jurisdiction that were not remediated, including by payment of all amounts owing, within 90 days.\n(4) The participating platform\u2019s response, if any, to errors identified by any audit or review in the participating jurisdiction that were not remediated, including by payment of all amounts owing, within 90 days.\n(b) (1) The Controller shall only request the participating platform to submit personally identifiable information as reasonably necessary to (i) verify a participating platform\u2019s proper application of geographic boundaries and (ii) verify proper collection and remittance of transient occupancy tax, and shall not disclose to a participating jurisdiction, publicly disclose, or otherwise make known in any manner whatsoever any personally identifiable information obtained from a participating platform or other person in the course of conducting an audit or review required by this section.\n(2) When requested by a participating jurisdiction, the Controller shall permit any duly authorized officer or employee of that participating jurisdiction to examine the records of the Controller, excluding any personally identifiable information, pertaining to any audit or review of collections by a participating platform within that participating jurisdiction. Except as otherwise provided herein, this paragraph shall not be construed to allow any officer or employee of that participating jurisdiction to request or examine any records other than records in the Controller\u2019s possession that were obtained in the course of its review or audit of transient occupancy taxes collected by a participating platform within that participating jurisdiction.\n(c) A platform or a participating jurisdiction may appeal any findings identified in a review or audit report submitted pursuant to subdivision (a) by providing a notice of appeal to the Controller\u2019s General Counsel. The notice of appeal shall be filed within 60 days from the date of the final review or audit report and shall identify the issues being appealed and the basis and reason for the appeal. The Controller\u2019s General Counsel shall review the issues appealed and may hold an informal appeal conference for purposes of taking additional information and shall issue a determination within 90 days of receipt of the appeal.\n(d) The Controller may recover the reasonable costs, measured by the Controller\u2019s standard rate, of an audit or review conducted pursuant to subdivision (a) or an appeal conducted pursuant to subdivision (c) from the participating platform that was audited or reviewed.\n(e) This section shall not apply to cities, counties, or cities and counties that are not participating jurisdictions.\n7283.67.\nThis chapter does not limit the existing authority of a city, county, or city and county to regulate operators, including any local regulation that requires operators to provide information concerning transactions conducted in the city, county, or city and county, provided that the requirements do not discriminate against transactions facilitated through a platform.\n7283.68.\nA participating platform\u2019s collection and remittance of transient occupancy tax pursuant to this chapter shall be subject to audit or review only by the Controller, pursuant to the requirements of Section 7283.66. A participating platform shall not be required to comply with audit or review requirements or requests regarding the participating platform\u2019s collection and remittance of transient occupancy tax pursuant to this chapter in any participating jurisdiction, or to related requests or requirements for personally identifiable information, by any participating jurisdiction.\n7283.69.\nA participating platform that complies with audit or review parameters established by the Controller pursuant to Section 7283.66 shall not be required to provide personally identifiable information to a participating jurisdiction, except pursuant to an order by a court of competent jurisdiction.\n7283.70.\nThis chapter shall not be construed\nas creating\nto alter or otherwise modify\nany legal duty or requirement for a participating platform to collect or remit transient occupancy taxes in a city, county, or city and county that is not a participating jurisdiction.\nSEC. 2.\nThe Legislature finds and declares that Section 1 of this act, which adds Section 7283.66 to the Revenue and Taxation Code, imposes a limitation on the public\u2019s 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:\nPeople who rent units for tourist or transient use through platforms have a reasonable expectation of privacy, as against public disclosure, in their rental of those units and in the personally identifiable information they provide to platforms in connection with those rentals. Limiting the disclosure of that personally identifiable information in any records obtained or generated by the Controller pertaining to audits or reviews of a platform\u2019s collection and remittance of transient occupancy taxes furthers the purposes of Section 3 of Article I of the California Constitution by appropriately balancing the interest in public disclosure with the interest in preserving the privacy and confidentiality of that personally identifiable information.","title":""}
{"_id":"c164","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 15146 of the Education Code is amended to read:\n15146.\n(a) The bonds shall be issued and sold pursuant to Section 15140, payable out of the interest and sinking fund of the school district or community college district. The governing board of the school district or community college district may sell the bonds at a negotiated sale or by competitive bidding.\n(b) (1) Before the sale, the governing board of the school district or community college district shall adopt a resolution, as an agenda item at a public meeting, that includes all of the following:\n(A) Express approval of the method of sale.\n(B) Statement of the reasons for the method of sale selected.\n(C) Disclosure of the identity of the bond counsel, and the identities of the bond underwriter and the financial adviser if either or both are used for the sale, unless these individuals have not been selected at the time the resolution is adopted, in which case the governing board of the school district or community college district shall disclose their identities at the public meeting occurring after they have been selected.\n(D) Estimates of the costs associated with the bond issuance.\n(E) If the sale includes bonds that allow for the compounding of interest, including, but not limited to, capital appreciation bonds, disclosure of the financing term and time of maturity, repayment ratio, and the estimated change in the assessed value of taxable property within the school district or community college district over the term of the bonds.\n(2) If the sale includes bonds that allow for the compounding of interest, including, but not limited to, capital appreciation bonds, the resolution shall be publicly noticed on at least two consecutive meeting agendas, first as an information item and second as an action item.\n(c) If the sale includes bonds that allow for the compounding of interest, including, but not limited to, capital appreciation bonds, the agenda item shall identify that bonds that allow for the compounding of interest are proposed and the governing board of the school district or community college district shall be presented with all of the following:\n(1) An analysis containing the total overall cost of the bonds that allow for the compounding of interest.\n(2) A comparison to the overall cost of current interest bonds.\n(3) The reason bonds that allow for the compounding of interest are being recommended.\n(4) A copy of the disclosure made by the underwriter in compliance with Rule G-17 adopted by the federal Municipal Securities Rulemaking Board.\n(d) After the sale, the governing board of the school district or community college district shall do both of the following:\n(1) Present the actual cost information for the sale at its next scheduled public meeting.\n(2) Submit an itemized summary of the costs of the bond sale to the California Debt and Investment Advisory Commission.\n(e) The governing board of the school district or community college district shall ensure that all necessary information and reports regarding the sale or planned sale of bonds by the school district or community college district it governs are submitted to the California Debt and Investment Advisory Commission in compliance with Section 8855 of the Government Code.\n(f) The bonds may be sold at a discount not to exceed 5 percent and at an interest rate not to exceed the maximum rate permitted by law. If the sale is by competitive bid, the governing board of the school district or community college district shall comply with Sections 15147 and 15148. The bonds shall be sold by the governing board of the school district or community college district no later than the date designated by the governing board of the school district or community college district as the final date for the sale of the bonds.\n(g) The proceeds of the sale of the bonds, exclusive of any premium received, shall be deposited in the county treasury to the credit of the building fund of the school district, or community college district as designated by the California Community Colleges Budget and Accounting Manual. The proceeds deposited shall be drawn out as other school moneys are drawn out. The bond proceeds withdrawn shall not be applied to any purposes other than those for which the bonds were issued. At no time shall the proceeds be withdrawn by the school district or community college district for investment outside the county treasury. Any premium or accrued interest received from the sale of the bonds shall be deposited in the interest and sinking fund of the school district or community college district.\n(h) The governing board of the school district or community college district may cause to be deposited proceeds of sale of any series of the bonds in an amount not exceeding 2 percent of the principal amount of the bonds in a costs of issuance account, which may be created in the county treasury or held by a fiscal agent appointed by the school district or community college district for this purpose, separate from the building fund and the interest and sinking fund of the school district or community college district. The proceeds deposited shall be drawn out on the order of the governing board of the school district or community college district or an officer of the school district or community college district duly authorized by the governing board of the school district or community college district to make the order, only to pay authorized costs of issuance of the bonds. Upon the order of the governing board of the school district or community college district or duly authorized officer of the school district or community college district, the remaining balance shall be transferred to the county treasury to the credit of the building fund of the school district or community college district. The deposit of bond proceeds pursuant to this subdivision shall be a proper charge against the building fund of the school district or community college district.\n(i) The governing board of the school district or community college district may cause to be deposited proceeds of sale of any series of the bonds in the interest and sinking fund of the school district or community college district in the amount of the annual reserve permitted by Section 15250 or in any lesser amount, as the governing board of the school district or community college district shall determine from time to time. The deposit of bond proceeds pursuant to this subdivision shall be a proper charge against the building fund of the school district or community college district.\n(j) The governing board of the school district or community college district may cause to be deposited proceeds of sale of any series of the bonds in the interest and sinking fund of the school district or community college district in the amount not exceeding the interest scheduled to become due on that series of bonds for a period of two years from the date of issuance of that series of bonds. The deposit of bonds proceeds pursuant to this subdivision shall be a proper charge against the building fund of the school district or community college district.","title":""}
{"_id":"c11","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\n(a) The Legislature finds and declares all of the following:\n(1) There are approximately 1.2 million adult Californians who suffer from severe mental illness and over 700,000 children in California who deal with severe emotional disturbance.\n(2) Despite the importance of and emphasis on mental health parity, management of mental illness within a system of care is far more difficult than most types of physical illness. There are significant differences between the delivery systems for the Medi-Cal population and the delivery systems for those covered by private insurance, and there are unique problems associated with each system. While changes are needed in both, there is an immediate need to look for ways to better serve the insured population.\n(3) The limited number of providers, the lack of facilities for treatment, and the difficulties of arranging for and coordinating ancillary services have made it extremely difficult for health insurers to meet the needs of enrollees facing significant mental health issues.\n(4) Attempts to develop truly accessible provider networks that can link with the array of administrative and ancillary services that the mentally ill need to manage their disease and to improve will take an investment of time and resources.\n(5) Systems of care known as Early Diagnosis and Preventive Treatment (EDAPT) programs may hold the key to these problems. These integrated systems of care provide early intervention, assessment, diagnosis, a treatment plan, and the services necessary to implement that plan. EDAPT programs have interdisciplinary teams of physicians, clinicians, advocates, and staff that coordinate care on an outpatient basis.\n(6) EDAPT programs do not yet exist in sufficient numbers to allow them to meet the provider network requirements health insurers must meet. While it is possible under existing law for health insurers to contract with existing EDAPT programs, there are a number of regulatory and practical issues that stand in the way of directing patients to them so that the patients\u2019 conditions can be effectively managed. If insurers could designate an EDAPT program as an exclusive provider for their enrollees, an assessment could be made of the overall efficacy of the model.\n(b) Therefore, it is the intent of the Legislature to provide funding to augment private health benefit plan coverage in order to provide patients with the full range of necessary EDAPT services.\nSEC. 2.\nPart 6 (commencing with Section 5950) is added to Division 5 of the Welfare and Institutions Code, to read:\nPART 6. EDAPT Funding Pilot Program\n5950.\n(a) There is hereby established the Early Diagnosis and Preventive Treatment (EDAPT) Program Fund within the State Treasury. Moneys from private or other sources may be deposited into the fund and used for purposes of this part. General Fund moneys shall not be deposited into the fund.\n(b) When the Department of Finance has determined that the total amount of the moneys in the fund established pursuant to subdivision (a) has reached or exceeded one million two hundred thousand dollars ($1,200,000), the Controller shall distribute all of the moneys in the fund to the Regents of the University of California for the purpose of providing reimbursement to an EDAPT program for services provided to persons who are referred to that program, but whose private health benefit plan does not cover the full range of required services.\n(c) Funds distributed pursuant to this part shall not be used to pay for services normally covered by the patient\u2019s private health benefit plan and shall only be used to augment private health benefit plan coverage to provide the patient with the full range of necessary services.\n(d) For purposes of this part, the following definitions shall apply:\n(1) \u201cEDAPT program\u201d means an Early Diagnosis and Preventive Treatment program and refers to a program that utilizes integrated systems of care to provide early intervention, assessment, diagnosis, a treatment plan, and necessary services for individuals with severe mental illness and children with severe emotional disturbance using an interdisciplinary team of physicians, clinicians, advocates, and staff who coordinate care on an outpatient basis.\n(2) \u201cPrivate health benefit plan\u201d means a program or entity that provides, arranges, pays for, or reimburses the cost of health benefits, but does not include coverage provided through the Medi-Cal system.\n5951.\n(a) If the Regents of the University of California accept moneys from the fund established pursuant to this part, or accept federal funds distributed by the State Department of Health Care Services as described in subdivision (b), the regents shall report, on or after January 1, 2022, but prior to January 1, 2023, to the health committees of both houses of the Legislature all of the following:\n(1) Evidence as to whether the early psychosis approach reduces the duration of untreated psychosis, reduces the severity of symptoms, improves relapse rates, decreases the use of inpatient care in comparison to standard care, supports educational and career progress, and reduces the cost of treatment in comparison to standard treatment methodologies.\n(2) The number of patients with private health benefit plans served by an EDAPT program in the 12 months prior to the implementation of this part.\n(3) The number of patients with private health benefit plans served by an EDAPT program that has received funding pursuant to this part.\n(4) The number of patients participating in an EDAPT program that has received funding pursuant to this part who are considered stabilized, as a percentage of patients served.\n(5) The number of patients participating in an EDAPT program that has received funding pursuant to this part who need services beyond those provided in the program and the nature of those services.\n(6) Any other information the regents deem necessary.\n(b) If the State Department of Health Care Services distributes federal funds to the Regents of the University of California for the purpose of supporting an EDAPT program, the regents shall issue the report described in subdivision (a), to the extent permitted by federal law.\n(c) A report to be submitted pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code.\n5952.\nThis part shall remain in effect only until January 1, 2023, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2023, deletes or extends that date.","title":""}
{"_id":"c347","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 54141 of the Government Code is amended to read:\n54141.\nAs used in this article:\n(a) \u201cLocal agency\u201d means county, city, whether general law or chartered, city and county, town, school district, municipal corporation, district, political subdivision, or any board, commission, or agency thereof, or other local public agency.\n(b) \u201cUnited States\u201d includes any department, board, or agency thereof.\n(c) \u201cState\u201d includes any department or agency thereof.\n(d) \u201cLegislative body\u201d means a legislative body as defined in Section 54952.\n(e) (1) \u201cSurplus military equipment\u201d means equipment made available to a local agency pursuant to Section 2576a of Title 10 of the United States Code.\n(2) \u201cTactical surplus military equipment\u201d means surplus military equipment identified on the list developed and maintained by the state coordinator pursuant to subdivision (e) of Section 54145.\n(f) \u201cState coordinator\u201d means the state agency that has signed a current memorandum of agreement with the federal Defense Logistics Agency for the purpose of administering a state program for acquiring surplus military equipment.\nSEC. 2.\nSection 54145 is added to the Government Code, to read:\n54145.\n(a) A local agency, other than a local law enforcement agency that is directly under the control of an elected officer, shall not apply to receive tactical surplus military equipment unless the legislative body of the local agency approves the acquisition of tactical surplus military equipment by ordinance or resolution, pursuant to subdivision (b), at a regular meeting held pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950)).\n(b) The legislative body of a local agency may adopt an ordinance or resolution authorizing the local law enforcement agency in that jurisdiction to apply for tactical surplus military equipment. The ordinance or resolution shall comply with both of the following requirements:\n(1) The ordinance shall include a list of the types of tactical surplus military equipment that the legislative body authorizes the local law enforcement agency to acquire.\n(2) The legislative body shall review the ordinance or resolution at least annually. During the review, the legislative body shall vote on whether to renew the ordinance or resolution authorizing the acquisition of tactical surplus military equipment. If the legislative body does not approve a renewal pursuant to this paragraph, the authorization shall expire.\n(c) This section shall not be construed to require the legislative body of a local agency to approve the acquisition of each individual item of tactical surplus military equipment, unless specified by the ordinance or resolution adopted pursuant to subdivision (b).\n(d) The Legislature finds and declares that this section constitutes a matter of statewide concern, and shall apply to charter cities and charter counties. The provisions of this section shall supersede any inconsistent provisions in the charter of any city, county, or city and county.\n(e) (1) The state coordinator, by January 31, 2016, shall develop a list of tactical surplus military equipment. The list shall identify surplus military equipment that warrants public input pursuant to this article. The state coordinator shall post this list on its Internet Web site and update it at least annually.\n(2) In developing the list required by this subdivision, the state coordinator shall consider the current list of controlled property designated by the federal Defense Logistics Agency, as well as any other state or federal regulations or policies governing the use of surplus military equipment.\n(3) The list required by this subdivision shall include, at minimum, the following types of equipment:\n(A) Weapons.\n(B) Armored vehicles.\n(C) Watercraft.\n(D) Aircraft.\n(E) Other tactical equipment as determined by the state coordinator.\n(f) Notwithstanding any other law, a local agency shall not apply to receive the following types of surplus military equipment:\n(1) Tracked armored vehicles.\n(2) Weaponized vehicles.\n(3) Firearms of .50 caliber or greater.\n(4) Ammunition of .50 caliber or greater.\n(5) Grenade launchers.\n(6) Bayonets.\n(7) Camouflage uniforms.\nSEC. 3.\nThe Legislature finds and declares that Section 2 of this act, which adds Section 54145 to 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:\nRequiring local agencies to hold public meetings prior to the acquisition of federal surplus military equipment further exposes that activity to public scrutiny and enhances public access to information concerning the conduct of the people\u2019s business.\nSEC. 4.\nNo reimbursement is required by this act pursuant to Section 6 of Article XIII \u2009 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.","title":""}
{"_id":"c26","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nArticle 20.2 (commencing with Section 69996) is added to Chapter 2 of Part 42 of Division 5 of Title 3 of the Education Code, to read:\nArticle  20.2. The California Covenants Program\n69996.\n(a) The California Covenants Program is hereby established under the administration of the Treasurer. The California Covenants Program shall be a prepaid college tuition program established to help families plan, save, and pay for the undergraduate college education of family members at campuses of the California State University, the University of California, and independent institutions of higher education, as defined in Section 66010.\n(b) Under the program, the Treasurer shall issue tuition certificates in accordance with all of the following requirements:\n(1) (A) The tuition certificate shall be issued by the Treasurer for the prepaid purchase of a fixed percentage of the tuition and mandatory systemwide fees for an academic year of full-time enrollment as an undergraduate at a campus of the California State University, the University of California, or an independent institution of higher education, as defined in Section 66010. The tuition certificate shall specify the percentage of tuition and mandatory fees that have been purchased thereby. The certificate covers annual tuition and fee increases of 7.5 percent or less.\n(B) The Treasurer is authorized to determine the cost of the fixed percentage of tuition and mandatory systemwide fees for the participating institutions at the commencement of this program in 2018. The Treasurer shall have the discretion to periodically adjust the cost of the tuition certificates in light of changes in the cost of living, the economy of the state, and the levels of tuition and mandatory systemwide fees charged by the participating segments.\n(2) The purchaser of a tuition certificate shall specify its intended beneficiary. The intended beneficiary may be any person who has not yet commenced grade 11 or its equivalent. A tuition certificate shall be valid for up to 30 years from the date that it is purchased.\n(3) At the time the tuition certificate is used, the beneficiary shall either be a California resident or a student who is exempt from nonresident tuition pursuant to Section 68130.5.\n(4) An individual may purchase an initial tuition certificate, or additional tuition certificates, for a beneficiary only between May 1 and June 30 of calendar years commencing in 2018. The minimum amount of tuition certificates that an individual may purchase in a calendar year shall be three hundred dollars ($300).\n(5) A tuition certificate shall be used only to cover the cost of undergraduate tuition and mandatory systemwide fees at the California State University, the University of California, or independent institutions of higher education, as defined in Section 66010. A tuition certificate shall not be used to cover the cost of textbooks, supplies, or living expenses, including, but not necessarily limited to, food, housing, and transportation.\n(6) If the intended beneficiary of a tuition certificate is unable to, or chooses not to, attend the institution issuing the certificate, the initial investment shall be returned to the individual who purchased the certificate, with interest equal to that earned by the Pooled Money Investment Fund, and shall not be subject to a tax penalty pursuant to Section 17131.12 of the Revenue and Taxation Code.\n(c) The Treasurer, in collaboration with the Trustees of the California State University and the Regents of the University of California, may establish administrative guidelines and other requirements for purposes of implementing this article.\n69996.3.\n(a) The California Covenants Program Fund is hereby established. The moneys received by the Treasurer from the individuals who purchase tuition certificates under the program, and from the sale of bonds as authorized under subdivision (b), shall be deposited in the fund. Upon appropriation by the Legislature in the annual Budget Act, the moneys in the fund may be allocated by the Treasurer to the California State University, the University of California, and participating independent institutions of higher education, as defined in Section 66010, to pay the tuition and mandatory systemwide fees of beneficiaries of the program during that fiscal year.\n(b) The Treasurer is authorized to issue bonds backed by the tuition certificate revenues. The proceeds of any bonds sold pursuant to this subdivision shall be deposited in the California Covenants Program Fund established by subdivision (a).\n(c) The Director of Finance shall determine, at the commencement of each fiscal year, whether there are sufficient funds to implement the program in that fiscal year. The Director of Finance shall communicate this determination to the Treasurer in a timely manner each fiscal year.\n(d) The California State University shall, and the University of California and independent institutions of higher education, as defined in Section 66010, are requested to, comply with the requirements of this article.\n69996.5.\nThis article shall become operative on January 1, 2018.\nSEC. 2.\nSection 17131.12 is added to the Revenue and Taxation Code, to read:\n17131.12.\nFor taxable years beginning on or after January 1, 2018, gross income does not include:\n(a) Moneys invested by the taxpayer, including interest accrued by that investment, in the California Covenants Program established pursuant to Article 20.2 (commencing with Section 69996) of Chapter 2 of Part 42 of Division 5 of Title 3 of the Education Code.\n(b) (1) Disbursements to the taxpayer from the California Covenants Program for use by a beneficiary at an educational institution that participates in the program.\n(2) Tax, additions to tax, and penalties shall not apply to an amount disbursed to a taxpayer where the beneficiary does not attend an educational institution that participates in the California Covenants Program if the full amount, including interest, is returned to the taxpayer.\nSEC. 3.\nThis 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:\nIn order to immediately address heightened concerns about the rising costs of obtaining a postsecondary degree in this state, it is necessary for this bill to take effect immediately.","title":""}
{"_id":"c298","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 402.1 of the Revenue and Taxation Code is amended to read:\n402.1.\n(a) In the assessment of land, the assessor shall consider the effect upon value of any enforceable restrictions to which the use of the land may be subjected. These restrictions shall include, but are not limited to, all of the following:\n(1) Zoning.\n(2) Recorded contracts with governmental agencies other than those provided in Sections 422, 422.5, and 422.7.\n(3) Permit authority of, and permits issued by, governmental agencies exercising land use powers concurrently with local governments, including the California Coastal Commission and regional coastal commissions, the San Francisco Bay Conservation and Development Commission, and the Tahoe Regional Planning Agency.\n(4) Development controls of a local government in accordance with any local coastal program certified pursuant to Division 20 (commencing with Section 30000) of the Public Resources Code.\n(5) Development controls of a local government in accordance with a local protection program, or any component thereof, certified pursuant to Division 19 (commencing with Section 29000) of the Public Resources Code.\n(6) Environmental constraints applied to the use of land pursuant to provisions of statutes.\n(7) Hazardous waste land use restriction pursuant to Section 25226 of the Health and Safety Code.\n(8) (A) A recorded conservation, trail, or scenic easement, as described in Section 815.1 of the Civil Code, that is granted in favor of a public agency, or in favor of a nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has as its primary purpose the preservation, protection, or enhancement of land in its natural, scenic, historical, agricultural, forested, or open-space condition or use.\n(B) A recorded greenway easement, as described in Section 816.52 of the Civil Code, that is granted in favor of a public agency, or in favor of a nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has as its primary purpose the developing and preserving of greenways.\n(9) A solar-use easement pursuant to Chapter 6.9 (commencing with Section 51190) of Part 1 of Division 1 of Title 5 of the Government Code.\n(10) A contract where the following apply:\n(A) The contract is with a nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has received a welfare exemption under Section 214.15 for properties intended to be sold to low-income families who participate in a special no-interest loan program.\n(B) The contract restricts the use of the land for at least 30 years to owner-occupied housing available at affordable housing cost in accordance with Section 50052.5 of the Health and Safety Code.\n(C) The contract includes a deed of trust on the property in favor of the nonprofit corporation to ensure compliance with the terms of the program, which has no value unless the owner fails to comply with the covenants and restrictions of the terms of the home sale.\n(D) The local housing authority or an equivalent agency, or, if none exists, the city attorney or county counsel, has made a finding that the long-term deed restrictions in the contract serve a public purpose.\n(E) The contract is recorded and provided to the assessor.\n(11) (A) A contract where the following apply:\n(i) The contract is a renewable 99-year ground lease between a community land trust and the qualified owner of an owner-occupied single-family dwelling or an owner-occupied unit in a multifamily dwelling.\n(ii) The contract subjects a single-family dwelling or unit in a multifamily dwelling, and the land on which the dwelling or unit is situated that is leased to the qualified owner by a community land trust for the convenient occupation and use of that dwelling or unit, to affordability restrictions.\n(iii) One of the following public agencies or officials has made a finding that the affordability restrictions in the contract serve the public interest to create and preserve the affordability of residential housing for persons and families of low or moderate income:\n(I) The director of the local housing authority or equivalent agency.\n(II) The county counsel.\n(III) The director of a county housing department.\n(IV) The city attorney.\n(V) The director of a city housing department.\n(iv) The contract is recorded and is provided to the assessor.\n(B) For purposes of this paragraph, all of the following definitions shall apply:\n(i) \u201cAffordability restrictions\u201d mean that all of the following conditions are met:\n(I) The dwelling or unit can only be sold or resold to a qualified owner to be occupied as a principal place of residence.\n(II) The sale or resale price of the dwelling or unit is determined by a formula that ensures the dwelling or unit has a purchase price that is affordable to qualified owners.\n(III) There is a purchase option for the dwelling or unit in favor of a community land trust intended to preserve the dwelling or unit as affordable to qualified owners.\n(IV) The dwelling or unit is to remain affordable to qualified owners by a renewable 99-year ground lease.\n(ii) \u201cCommunity land trust\u201d means a nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that satisfies all of the following:\n(I) Has as its primary purposes the creation and maintenance of permanently affordable single-family or multifamily residences.\n(II) All dwellings and units located on the land owned by the nonprofit corporation are sold to a qualified owner to be occupied as the qualified owner\u2019s primary residence or rented to persons and families of low or moderate income.\n(III) The land owned by the nonprofit corporation, on which a dwelling or unit sold to a qualified owner is situated, is leased by the nonprofit corporation to the qualified owner for the convenient occupation and use of that dwelling or unit for a renewable term of 99 years.\n(iii) \u201cLimited equity housing cooperative\u201d has the same meaning as that term is defined in Section 817 of the Civil Code.\n(iv) \u201cPersons and families of low or moderate income\u201d has the same meaning as that term is defined in Section 50093 of the Health and Safety Code.\n(v) \u201cQualified owner\u201d means persons and families of low or moderate income, including persons and families of low or moderate income that own a dwelling or unit collectively as member occupants or resident shareholders of a limited equity housing cooperative.\n(b) There is a rebuttable presumption that restrictions will not be removed or substantially modified in the predictable future and that they will substantially equate the value of the land to the value attributable to the legally permissible use or uses.\n(c) Grounds for rebutting the presumption may include, but are not necessarily limited to, the past history of like use restrictions in the jurisdiction in question and the similarity of sales prices for restricted and unrestricted land. The possible expiration of a restriction at a time certain shall not be conclusive evidence of the future removal or modification of the restriction unless there is no opportunity or likelihood of the continuation or renewal of the restriction, or unless a necessary party to the restriction has indicated an intent to permit its expiration at that time.\n(d) In assessing land with respect to which the presumption is unrebutted, the assessor shall not consider sales of otherwise comparable land not similarly restricted as to use as indicative of value of land under restriction, unless the restrictions have a demonstrably minimal effect upon value.\n(e) In assessing land under an enforceable use restriction wherein the presumption of no predictable removal or substantial modification of the restriction has been rebutted, but where the restriction nevertheless retains some future life and has some effect on present value, the assessor may consider, in addition to all other legally permissible information, representative sales of comparable lands that are not under restriction but upon which natural limitations have substantially the same effect as restrictions.\n(f) For the purposes of this section the following definitions apply:\n(1) \u201cComparable lands\u201d are lands that are similar to the land being valued in respect to legally permissible uses and physical attributes.\n(2) \u201cRepresentative sales information\u201d is information from sales of a sufficient number of comparable lands to give an accurate indication of the full cash value of the land being valued.\n(g) It is hereby declared that the purpose and intent of the Legislature in enacting this section is to provide for a method of determining whether a sufficient amount of representative sales information is available for land under use restriction to ensure the accurate assessment of that land. It is also hereby declared that the further purpose and intent of the Legislature in enacting this section and Section 1630 is to avoid an assessment policy which, in the absence of special circumstances, considers uses for land that legally are not available to the owner and not contemplated by government, and that these sections are necessary to implement the public policy of encouraging and maintaining effective land use planning. This statute shall not be construed as requiring the assessment of any land at a value less than as required by Section 401 or as prohibiting the use of representative comparable sales information on land under similar restrictions when this information is available.\nSEC. 2.\nIf 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.\nSEC. 3.\nNotwithstanding Section 2229 of the Revenue and Taxation Code, no appropriation is made by this act and the state shall not reimburse any local agency for any property tax revenues lost by it pursuant to this act.\nSEC. 4.\nThis act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect.","title":""}
{"_id":"c335","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 5202 of the Water Code is amended to read:\n5202.\n(a) This section applies to a person who does either of the following:\n(1) Extracts groundwater from a probationary basin 90 days or more after the board designates the basin as a probationary basin pursuant to Section 10735.2.\n(2) Extracts groundwater on or after July 1,\n2017,\n2018,\nin an area within a basin that is not within the management area of a groundwater sustainability agency and where the county does not assume responsibility to be the groundwater sustainability agency, as provided in subdivision (b) of Section 10724.\n(b) Except as provided in subdivision (c), a person subject to this section shall file a report of groundwater extraction by December 15 of each year for extractions made in the preceding water year.\n(c) Unless reporting is required pursuant to paragraph (2) of subdivision (c) of Section 10735.2, this section does not apply to any of the following:\n(1) An extraction by a de minimis extractor.\n(2) An extraction excluded from reporting pursuant to paragraph (1) of subdivision (c) of Section 10735.2.\n(3) An extraction reported pursuant to Part 5 (commencing with Section 4999).\n(4) An extraction that is included in annual reports filed with a court or the board by a watermaster appointed by a court or pursuant to statute to administer a final judgment determining rights to water. The reports shall identify the persons who have extracted water and give the general place of use and the quantity of water that has been extracted from each source.\n(d) Except as provided in Section 5209, the report shall be filed with the board.\n(e) The report may be filed by the person extracting water or on that person\u2019s behalf by an agency that person designates and that maintains a record of the water extracted.\n(f) Each report shall be accompanied by the fee imposed pursuant to Section 1529.5.\nSEC. 2.\nSection 10720.7 of the Water Code is amended to read:\n10720.7.\n(a) (1) By January 31, 2020, all basins designated as high- or medium-priority basins by the department that have been designated in Bulletin 118, as may be updated or revised on or before January 1, 2017, as basins that are subject to critical conditions of overdraft shall be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans pursuant to this part.\n(2) By January 31,\n2022,\n2023,\nall basins designated as high- or medium-priority basins by the department that are not subject to paragraph (1) shall be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans pursuant to this part.\n(b) The Legislature encourages and authorizes basins designated as low- and very low priority basins by the department to be managed under groundwater sustainability plans pursuant to this part. Chapter 11 (commencing with Section 10735) does not apply to a basin designated as a low- or very low priority basin.\nSEC. 3.\nSection 10724 of the Water Code is amended to read:\n10724.\n(a) In the event that there is an area within a basin that is not within the management area of a groundwater sustainability agency, the county within which that unmanaged area lies will be presumed to be the groundwater sustainability agency for that area.\n(b) A county described in subdivision (a) shall provide notification to the department pursuant to Section 10723.8 unless the county notifies the department that it will not be the groundwater sustainability agency for the area. Extractions of groundwater made on or after July 1,\n2017,\n2018,\nin that area shall be subject to reporting in accordance with Part 5.2 (commencing with Section 5200) of Division 2 if the county does either of the following:\n(1) Notifies the department that it will not be the groundwater sustainability agency for an area.\n(2) Fails to provide notification to the department pursuant to Section 10723.8 for an area on or before June 30,\n2017.\n2018.\nSEC. 4.\nSection 10735.2 of the Water Code is amended to read:\n10735.2.\n(a) The board, after notice and a public hearing, may designate a basin as a probationary basin, if the board finds one or more of the following applies to the basin:\n(1) After June 30,\n2017,\n2018,\nnone of the following have occurred:\n(A)  A local agency has elected to be a groundwater sustainability agency that intends to develop a groundwater sustainability plan for the entire basin.\n(B)  A collection of local agencies has formed a groundwater sustainability agency or prepared agreements to develop one or more groundwater sustainability plans that will collectively serve as a groundwater sustainability plan for the entire basin.\n(C)  A local agency has submitted an alternative that has been approved or is pending approval pursuant to Section 10733.6. If the department disapproves an alternative pursuant to Section 10733.6, the board shall not act under this paragraph until at least 180 days after the department disapproved the alternative.\n(2)  The basin is subject to paragraph (1) of subdivision (a) of Section 10720.7, and after January 31, 2020, none of the following have occurred:\n(A)  A groundwater sustainability agency has adopted a groundwater sustainability plan for the entire basin.\n(B)  A collection of local agencies has adopted groundwater sustainability plans that collectively serve as a groundwater sustainability plan for the entire basin.\n(C) The department has approved an alternative pursuant to Section 10733.6.\n(3) The basin is subject to paragraph (1) of subdivision (a) of Section 10720.7 and after January 31, 2020, the department, in consultation with the board, determines that a groundwater sustainability plan is inadequate or that the groundwater sustainability program is not being implemented in a manner that will likely achieve the sustainability goal.\n(4) The basin is subject to paragraph (2) of subdivision (a) of Section 10720.7, and after January 31,\n2022,\n2023,\nnone of the following have occurred:\n(A) A groundwater sustainability agency has adopted a groundwater sustainability plan for the entire basin.\n(B) A collection of local agencies has adopted groundwater sustainability plans that collectively serve as a groundwater sustainability plan for the entire basin.\n(C) The department has approved an alternative pursuant to Section 10733.6.\n(5) The basin is subject to paragraph (2) of subdivision (a) of Section 10720.7, and either of the following have occurred:\n(A) After January 31,\n2022,\n2023,\nboth of the following have occurred:\n(i) The department, in consultation with the board, determines that a groundwater sustainability plan is inadequate or that the groundwater sustainability plan is not being implemented in a manner that will likely achieve the sustainability goal.\n(ii) The board determines that the basin is in a condition of long-term overdraft.\n(B) After January 31,\n2025,\n2026,\nboth of the following have occurred:\n(i) The department, in consultation with the board, determines that a groundwater sustainability plan is inadequate or that the groundwater sustainability plan is not being implemented in a manner that will likely achieve the sustainability goal.\n(ii) The board determines that the basin is in a condition where groundwater extractions result in significant depletions of interconnected surface waters.\n(b) In making the findings associated with paragraph (3) or (5) of subdivision (a), the department and board may rely on periodic assessments the department has prepared pursuant to Chapter 10 (commencing with Section 10733). The board may request that the department conduct additional assessments utilizing the regulations developed pursuant to Chapter 10 (commencing with Section 10733) and make determinations pursuant to this section. The board shall post on its Internet Web site and provide at least 30 days for the public to comment on any determinations provided by the department pursuant to this subdivision.\n(c) (1) \u2002 The determination may exclude a class or category of extractions from the requirement for reporting pursuant to Part 5.2 (commencing with Section 5200) of Division 2 if those extractions are subject to a local plan or program that adequately manages groundwater within the portion of the basin to which that plan or program applies, or if those extractions are likely to have a minimal impact on basin withdrawals.\n(2) The determination may require reporting of a class or category of extractions that would otherwise be exempt from reporting pursuant to paragraph (1) of subdivision (c) of Section 5202 if those extractions are likely to have a substantial impact on basin withdrawals or requiring reporting of those extractions is reasonably necessary to obtain information for purposes of this chapter.\n(3) The determination may establish requirements for information required to be included in reports of groundwater extraction, for installation of measuring devices, or for use of a methodology, measuring device, or both, pursuant to Part 5.2 (commencing with Section 5200) of Division 2.\n(4) The determination may modify the water year or reporting date for a report of groundwater extraction pursuant to Section 5202.\n(d) If the board finds that litigation challenging the formation of a groundwater sustainability agency prevented its formation before July 1,\n2017,\n2018,\npursuant to paragraph (1) of subdivision (a) or prevented a groundwater sustainability program from being implemented in a manner likely to achieve the sustainability goal pursuant to paragraph (3), (4), or (5) of subdivision (a), the board shall not designate a basin as a probationary basin for a period of time equal to the delay caused by the litigation.\n(e) The board shall exclude from probationary status any portion of a basin for which a groundwater sustainability agency demonstrates compliance with the sustainability goal.","title":""}
{"_id":"c156","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 14714 of the Welfare and Institutions Code is amended to read:\n14714.\n(a) (1) Except as otherwise specified in this chapter, a contract entered into pursuant to this chapter shall include a provision that the mental health plan contractor shall bear the financial risk for the cost of providing medically necessary specialty mental health services to Medi-Cal beneficiaries.\n(2) If the mental health plan is not administered by a county, the mental health plan shall not transfer the obligation for any specialty mental health services to Medi-Cal beneficiaries to the county. The mental health plan may purchase services from the county. The mental health plan shall establish mutually agreed-upon protocols with the county that clearly establish conditions under which beneficiaries may obtain non-Medi-Cal reimbursable services from the county. Additionally, the plan shall establish mutually agreed-upon protocols with the county for the conditions of transfer of beneficiaries who have lost Medi-Cal eligibility to the county for care under Part 2 (commencing with Section 5600), Part 3 (commencing with Section 5800), and Part 4 (commencing with Section 5850) of Division 5.\n(3) The mental health plan shall be financially responsible for ensuring access and a minimum required scope of benefits and services, consistent with state and federal requirements, to Medi-Cal beneficiaries who are residents of that county regardless of where the beneficiary resides, except as provided for in Section 14717.1. The department shall require that the same definition of medical necessity be used, and the minimum scope of benefits offered by each mental health plan be the same, except to the extent that prior federal approval is received and is consistent with state and federal laws.\n(b) (1) Any contract entered into pursuant to this chapter may be renewed if the mental health plan continues to meet the requirements of this chapter, regulations promulgated pursuant to this chapter, and the terms and conditions of the contract. Failure to meet these requirements shall be cause for nonrenewal of the contract. The department may base the decision to renew on timely completion of a mutually agreed-upon plan of correction of any deficiencies, submissions of required information in a timely manner, or other conditions of the contract.\n(2) In the event the contract is not renewed based on the reasons specified in paragraph (1), the department shall notify the Department of Finance, the fiscal and policy committees of the Legislature, and the Controller of the amounts to be sequestered from the Mental Health Subaccount, the Mental Health Equity Account, and the Vehicle License Fee Collection Account of the Local Revenue Fund and the Mental Health Account and the Behavioral Health Subaccount of the Local Revenue Fund 2011, and the Controller shall sequester those funds in the Behavioral Health Subaccount pursuant to Section 30027.10 of thetion and notification to affected beneficiaries. The plan may request a hearing by the Office of Administrative Hearings and Appeals.\n(e) A mental health plan may terminate its contract in accordance with the provisions in the contract. The mental health plan shall provide written notice to the department at least 180 days prior to the termination or nonrenewal of the contract.\n(f) Upon the request of the director, the Director of the Department of Managed Health Care may exempt a mental health plan from the Knox-Keene Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code). These exemptions may be subject to conditions the director deems appropriate. Nothing in this chapter shall be construed to impair or diminish the authority of the Director of the Department of Managed Health Care under the Knox-Keene Health Care Service Plan Act of 1975, nor shall anything in this chapter be construed to reduce or otherwise limit the obligation of a mental health plan contractor licensed as a health care service plan to comply with the requirements of the Knox-Keene Health Care Service Plan Act of 1975, and the rules of the Director of the Department of Managed Health Care promulgated under the Knox-Keene Health Care Service Plan Act of 1975. The director, in consultation with the Director of the Department of Managed Health Care, shall analyze the appropriateness of licensure or application of applicable standards of the Knox-Keene Health Care Service Plan Act of 1975.\n(g) The department shall provide oversight to the mental health plans to ensure quality, access, cost efficiency, and compliance with data and reporting requirements. At a minimum, the department shall, through a method independent of any agency of the mental health plan contractor, monitor the level and quality of services provided, expenditures pursuant to the contract, and conformity with federal and state law.\n(h) County employees implementing or administering a mental health plan act in a discretionary capacity when they determine whether or not to admit a person for care or to provide any level of care pursuant to this chapter.\n(i) If a county discontinues operations as the mental health plan, the department shall approve any new mental health plan. The new mental health plan shall give reasonable consideration to affiliation with nonprofit community mental health agencies that were under contract with the county and that meet the mental health plan\u2019s quality and cost efficiency standards.\n(j) Nothing in this chapter shall be construed to modify, alter, or increase the obligations of counties as otherwise limited and defined in Chapter 3 (commencing with Section 5700) of Part 2 of Division 5. The county\u2019s maximum obligation for services to persons not eligible for Medi-Cal shall be no more than the amount of funds remaining in the mental health subaccount pursuant to Sections 17600, 17601, 17604, 17605, and 17609 after fulfilling the Medi-Cal contract obligations.\nSEC. 2.\nSection 14717.1 is added to the Welfare and Institutions Code, to read:\n14717.1.\n(a) (1) It is the intent of the Legislature to ensure that foster children who are placed outside of their county of original jurisdiction are able to access specialty mental health services in a timely manner, consistent with their individual strengths and needs and the requirements of federal Early and Periodic Screening, Diagnosis, and Treatment (EPSDT) services.\n(2) It is the further intent of the Legislature to overcome any barriers to care that may result when responsibility for providing or arranging for specialty mental health services to foster children who are placed outside of their county of original jurisdiction is retained by the county of original jurisdiction.\n(b) In order to facilitate the receipt of medically necessary specialty mental health services by a foster child who is placed outside of his or her county of original jurisdiction, the California Health and Human Services Agency shall coordinate with the department and the State Department of Social Services to take all of the following actions on or before July 1, 2017:\n(1) The department shall issue policy guidance concerning the conditions for and exceptions to presumptive transfer, as described in subdivisions (c) and (d), in consultation with the State Department of Social Services and with the input of stakeholders that include the County Welfare Directors Association of California, the Chief Probation Officers of California, the County Behavioral Health Directors Association of California, provider representatives, and family and youth advocates.\n(2) Policy guidance concerning the conditions for and exceptions to presumptive transfer shall ensure that:\n(A) The transfer of responsibility improves access to specialty mental health care services consistent with the mental health needs of the foster youth.\n(B) Presumptive transfer does not disrupt the continuity of care.\n(C) Conditions and exceptions are applied consistently statewide giving due consideration to the varying capabilities of small, medium, and large counties.\n(D) Presumptive transfer can be waived only with an individualized determination that an exception applies.\n(E) A party to the case who disagrees with the presumptive transfer individualized exception determination made by the county placing agency pursuant to subdivision (d) is afforded an opportunity to request judicial review prior to a transfer or exception being finalized.\n(F) There is a procedure for expedited transfer within 48 hours of placement of the child outside of the county of original jurisdiction.\n(c) \u201cPresumptive transfer,\u201d for the purposes of this section, means that absent any exceptions as established pursuant to this section, responsibility for providing or arranging for specialty mental health services shall promptly transfer from the county of original jurisdiction to the county in which the foster child resides, under either of the following conditions:\n(1) A foster child is placed in a county other than the county of original jurisdiction on or after July 1, 2017.\n(2) A foster youth who resides in a county other than the county of original jurisdiction after June 30, 2017, and is not receiving specialty mental health services consistent with his or her mental health needs, requests transfer of responsibility. A foster child who resided in a county other than the county of original jurisdiction after June 30, 2017, and who continues to reside outside the county of original jurisdiction after December 31, 2017, shall have jurisdiction transferred no later than the child\u2019s first regularly scheduled status review hearing conducted pursuant to Section 366 in the 2018 calendar year unless an exception described under subdivision (d) applies.\n(d) (1) On a case-by-case basis, and when consistent with the medical rights of children in foster care, presumptive transfer may be waived and the responsibility for the provision of specialty mental health services shall remain with the county of original jurisdiction if any of the exceptions described in paragraph (5) exist.\n(2) A request for waiver in a manner established by the department may be made by the foster child, the person or agency that is responsible for making mental health care decisions on behalf of the foster child, the county probation agency or the child welfare services agency with responsibility for the care and placement of the child, or any other interested party who owes a legal duty to the child involving the child\u2019s health or welfare, as defined by the department.\n(3) The county probation agency or the child welfare services agency with responsibility for the care and placement of the child, in consultation with the child and his or her parent, the child and family team if one exists, and other professionals who serve the child as appropriate, is responsible for determining whether waiver of the presumptive transfer is appropriate pursuant to the conditions and exceptions established under this section. The person who requested the exception, along with any other parties to the case, shall receive notice of the county agency\u2019s determination.\n(4) The individual who requested the exception or any other party to the case who disagrees with the determination made by the county agency pursuant to paragraph (3) may request judicial review prior to the county\u2019s determination becoming final. The court may set the matter for hearing and may confirm or deny the transfer of jurisdiction or application of an exception based on the best interest of the child.\n(5) Presumptive transfer may be waived under any of the following exceptions:\n(A) It is determined that the transfer would disrupt continuity of care or delay access to services provided to the foster child.\n(B) It is determined that the transfer would interfere with family reunification efforts documented in the individual case plan.\n(C) The foster child\u2019s placement in a county other than the county of original jurisdiction is expected to last less than six months.\n(D) The foster child\u2019s residence is within 30 minutes of travel time to his or her established specialty mental health care provider in the county of original jurisdiction.\n(6) A waiver processed based on an exception to presumptive transfer shall be contingent upon the mental health plan in the county of original jurisdiction demonstrating an existing contract with a specialty mental health care provider, or the ability to enter into a contract within 30 days of the waiver decision, and the ability to deliver timely specialty mental health services directly to the foster child. That information shall be documented in the child\u2019s case plan.\n(7) A request for waiver, the exceptions claimed as the basis for the request, a determination whether a waiver is determined to be appropriate under this section, and any objections to the determination shall be documented in the foster child\u2019s case plan pursuant to Section 16501.1.\n(e) If the mental health plan in the county of original jurisdiction has completed an assessment of needed services for the foster child, the mental health plan in the county in which the foster child resides shall accept that assessment. The mental health plan in the county in which the foster child resides may conduct additional assessments if the foster child\u2019s needs change or an updated assessment is needed to determine the child\u2019s needs and identify the needed treatment and services to address those needs.\n(f) Upon presumptive transfer, the mental health plan in the county in which the foster child resides shall assume responsibility for the authorization and provision of specialty mental health services and payments for services. The foster child transferred to the mental health plan in the county in which the foster child resides shall be considered part of the county of residence caseload for claiming purposes from the Behavioral Health Subaccount and the Behavioral Health Services Growth Special Account, both created pursuant to Section 30025 of the Government Code.\n(g) The State Department of Social Services and the State Department of Health Care Services shall adopt regulations by July 1, 2019, to implement this section. 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 and the State Department of Health Care Services may implement and administer the changes made by this legislation through all-county letters, information notices, or similar written instructions until regulations are adopted.\n(h) If the department determines it is necessary, it shall seek approval from the United States Department of Health and Human Services, federal Centers for Medicare and Medicaid Services (CMS) prior to implementing this section.\n(i) If the department makes the determination that it is necessary to seek CMS approval pursuant to subdivision (h), the department shall make an official request for approval from CMS no later than January 1, 2017.\n(j) This section shall be implemented only if and to the extent that federal financial participation under Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396, et seq.) is available and all necessary federal approvals have been obtained.\nSEC. 3.\nIf 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.","title":""}
{"_id":"c308","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 44977.5 of the Education Code is amended to read:\n44977.5.\n(a) (1) Notwithstanding any other law, during each school year, a person employed in a position requiring certification qualifications may use his or her sick leave for purposes of parental leave for a period of up to 12 workweeks.\n(2) In school districts that use the differential pay system described in Section 44977, when a person employed in a position requiring certification qualifications has exhausted all available sick leave, including all accumulated sick leave, and continues to be absent from his or her duties on account of parental leave pursuant to Section 12945.2 of the Government Code, the amount deducted from the salary due him or her for any of the remaining portion of the 12-workweek period in which the absence occurs shall not exceed the sum that is actually paid a substitute employee employed to fill his or her position during his or her absence or, if no substitute employee was employed, the amount that would have been paid to a substitute had he or she been employed. The school district shall make every reasonable effort to secure the services of a substitute employee.\n(3) In school districts that use the differential pay system described in Section 44983, when a person employed in a position requiring certification qualifications has exhausted all available sick leave, including all accumulated sick leave, and continues to be absent from his or her duties on account of parental leave pursuant to Section 12945.2 of the Government Code, the person shall be compensated at no less than 50 percent of his or her regular salary for the remaining portion of the 12-workweek period of parental leave.\n(b) For purposes of subdivision (a), all of the following apply:\n(1) The 12-workweek period shall be reduced by any period of sick leave, including accumulated sick leave, taken during a period of parental leave.\n(2) A person employed in a position requiring certification qualifications shall not be provided more than one 12-week period for parental leave during any 12-month period.\n(3) Parental leave taken pursuant to this section shall run concurrently with parental leave taken pursuant to Section 12945.2 of the Government Code. The aggregate amount of parental leave taken pursuant to this section and Section 12945.2 of the Government Code shall not exceed 12 workweeks in a 12-month period.\n(c) This section shall be applicable whether or not the absence from duty is by reason of a leave of absence granted by the governing board of the employing school district.\n(d) Notwithstanding subdivision (a) of Section 12945.2 of the Government Code, a person employed in a position requiring certification qualifications is not required to have 1,250 hours of service with the employer during the previous 12-month period in order to take parental leave pursuant to this section.\n(e) Nothing in this section shall be construed to diminish the obligation of a public school employer to comply with any collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code that provides greater parental leave rights to employees than the rights established under this section.\n(f) For purposes of this section, \u201cparental leave\u201d means leave for reason of the birth of a child of the employee, or the placement of a child with an employee in connection with the adoption or foster care of the child by the employee.\nSEC. 2.\nSection 45196.1 is added to the Education Code, to read:\n45196.1.\n(a) (1) Notwithstanding any other law, during each school year, a classified employee may use his or her sick leave for purposes of parental leave for a period of up to 12 workweeks.\n(2) In school districts that use the differential pay system described in the first paragraph of Section 45196, when a employee has exhausted all available sick leave, including all accumulated sick leave, and continues to be absent from his or her duties on account of parental leave pursuant to Section 12945.2 of the Government Code, the amount deducted from the salary due him or her for any of the remaining portion of the 12-workweek period in which the absence occurs shall not exceed the sum that is actually paid a substitute employee employed to fill his or her position during his or her absence.\n(3) In school districts that use the differential pay system described in the last paragraph of Section 45196, when an employee has exhausted all available sick leave, including all accumulated sick leave, and continues to be absent from his or her duties on account of parental leave pursuant to Section 12945.2 of the Government Code, the employee shall be compensated at no less than 50 percent of the employee\u2019s regular salary for the remaining portion of the 12-workweek period of parental leave.\n(b) For purposes of subdivision (a), all of the following apply:\n(1) The 12-workweek period of parental leave shall be reduced by any period of sick leave, including accumulated sick leave, taken during a period of parental leave.\n(2) An employee shall not be provided more than one 12-workweek period for parental leave during any 12-month period.\n(3) Parental leave taken pursuant to this section shall run concurrently with parental leave taken pursuant to Section 12945.2 of the Government Code. The aggregate amount of parental leave taken pursuant to this section and Section 12945.2 of the Government Code shall not exceed 12 workweeks in a 12-month period.\n(c) This section shall be applicable whether or not the absence from duty is by reason of a leave of absence granted by the governing board of the employing school district.\n(d) Notwithstanding subdivision (a) of Section 12945.2 of the Government Code, a classified employee is not required to have 1,250 hours of service with the employer during the previous 12-month period in order to take parental leave pursuant to this section.\n(e) Nothing in this section shall be construed to diminish the obligation of a public school employer to comply with any collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code that provides greater parental leave rights to employees than the rights established under this section.\n(f) For purposes of this section, \u201cparental leave\u201d means leave for reason of the birth of a child of the employee, or the placement of a child with an employee in connection with the adoption or foster care of the child by the employee.\nSEC. 3.\nSection 87780.1 is added to the Education Code, to read:\n87780.1.\n(a) (1) Notwithstanding any other law, during each school year, a person employed in an academic position may use his or her sick leave for purposes of parental leave for a period of up to 12 workweeks.\n(2) In community college districts that use the differential pay system described in Section 87780, when a employee has exhausted all available sick leave, including all accumulated sick leave, and continues to be absent from his or her duties on account of parental leave pursuant to Section 12945.2 of the Government Code, the amount deducted from the salary due him or her for any of the remaining portion of the 12-workweek period in which the absence occurs shall not exceed the sum that is actually paid a temporary employee employed to fill his or her position during his or her absence or, if no temporary employee was employed, the amount that would have been paid to the temporary employee had he or she been employed.\n(3) In community college districts that use the differential pay system described in Section 87786, when an employee has exhausted all available sick leave, including all accumulated sick leave, and continues to be absent from his or her duties on account of parental leave pursuant to Section 12945.2 of the Government Code, the employee shall be compensated at no less than 50 percent of the employee\u2019s regular salary for the remaining portion of the 12-workweek period of parental leave.\n(b) For purposes of subdivision (a), all of the following apply:\n(1) The 12-workweek period shall be reduced by any period of sick leave, including accumulated sick leave, taken during a period of parental leave.\n(2) An employee shall not be provided more than one 12-workweek period for parental leave during any 12-month period.\n(3) Parental leave taken pursuant to this section shall run concurrently with parental leave taken pursuant to Section 12945.2 of the Government Code. The aggregate amount of parental leave taken pursuant to this section and Section 12945.2 of the Government Code shall not exceed 12 workweeks in a 12-month period.\n(c) This section shall be applicable whether or not the absence from duty is by reason of a leave of absence granted by the governing board of the employing community college district.\n(d) Notwithstanding subdivision (a) of Section 12945.2 of the Government Code, a person employed in an academic position is not required to have 1,250 hours of service with the employer during the previous 12-month period in order to take parental leave pursuant to this section.\n(e) Nothing in this section shall be construed to diminish the obligation of a public school employer to comply with any collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code that provides greater parental leave rights to employees than the rights established under this section.\n(f) For purposes of this section,\u201cparental leave\u201d means leave for reason of the birth of a child of the employee, or the placement of a child with an employee in connection with the adoption or foster care of the child by the employee.\nSEC. 4.\nSection 88196.1 is added to the Education Code, to read:\n88196.1.\n(a) (1) Notwithstanding any other law, during each school year, a classified employee may use his or her sick leave for purposes of parental leave for a period of up to 12 workweeks.\n(2) In the community college districts that use the differential pay system described in the first paragraph of Section 88196, when a employee has exhausted all available sick leave, including all accumulated sick leave, and continues to be absent from his or her duties on account of parental leave pursuant to Section 12945.2 of the Government Code, the amount deducted from the salary due him or her for any of the remaining portion of the 12-workweek period in which the absence occurs shall not exceed the sum that is actually paid a substitute employee employed to fill his or her position during his or her absence.\n(3) In community college districts that use the differential pay system described in the last paragraph of Section 88196, when an employee has exhausted all available sick leave, including all accumulated sick leave, and continues to be absent from his or her duties on account of parental leave pursuant to Section 12945.2 of the Government Code, the employee shall be compensated at no less than 50 percent of the employee\u2019s regular salary for the remaining portion of the 12-workweek period of parental leave.\n(b) For purposes of subdivision (a), all of the following apply:\n(1) The 12-workweek period of parental leave shall be reduced by any period of sick leave, including accumulated sick leave, taken during a period of parental leave.\n(2) An employee shall not be provided more than one 12-workweek period for parental leave during any 12-month period.\n(3) Parental leave taken pursuant to this section shall run concurrently with parental leave taken pursuant to Section 12945.2 of the Government Code. The aggregate amount of parental leave taken pursuant to this section and Section 12945.2 of the Government Code shall not exceed 12 workweeks in a 12-month period.\n(c) This section shall be applicable whether or not the absence from duty is by reason of a leave of absence granted by the governing board of the employing community college district.\n(d) Notwithstanding subdivision (a) of Section 12945.2 of the Government Code, a classified employee is not required to have 1,250 hours of service with the employer during the previous 12-month period in order to take parental leave pursuant to this section.\n(e) Nothing in this section shall be construed to diminish the obligation of a public school employer to comply with any collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code that provides greater parental leave rights to employees than the rights established under this section.\n(f) For purposes of this section, \u201cparental leave\u201d means leave for reason of the birth of a child of the employee, or the placement of a child with an employee in connection with the adoption or foster care of the child by the employee.","title":""}
{"_id":"c74","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 10095 of the Insurance Code is amended to read:\n10095.\n(a) Within 30 days following the effective date of this chapter, the association shall submit to the commissioner, for his or her review, a proposed plan of operation, consistent with the provisions of this chapter, creating an association consisting of all insurers licensed to write and engaged in writing in this state, on a direct basis, basic property insurance or any component of basic property insurance in homeowners or other dwelling multiperil policies. An insurer described in this subdivision shall be a member of the association and shall remain a member as a condition of its authority to transact those kinds of insurance in this state.\n(b) The proposed plan shall authorize the association to assume and cede reinsurance on risks written by insurers in conformity with the program.\n(c) Under the plan, an insurer shall participate in the writings, expenses, and profits and losses of the association in the proportion that its premiums written during the second preceding calendar year bear to the aggregate premiums written by all insurers in the program, excluding that portion of the premiums written attributable to the operation of the association. Premiums written on a policy of basic residential earthquake insurance issued by the California Earthquake Authority pursuant to Section 10089.6 shall be attributed to the insurer that writes the underlying policy of residential property insurance.\n(d) The plan shall provide for administration by a governing committee under rules to be adopted by the governing committee with the approval of the commissioner. Voting on administrative questions of the association and facility shall be weighted in accordance with each insurer\u2019s premiums written during the second preceding calendar year as disclosed in the reports filed by the insurer with the commissioner.\n(e) The plan shall provide for a plan to encourage persons to secure basic property insurance through normal channels from an admitted insurer or a licensed surplus line broker by informing those persons what steps they must take in order to secure the insurance through normal channels.\n(f) The plan shall be subject to the approval of the commissioner and shall go into effect upon the tentative approval of the commissioner. The commissioner may, at any time, withdraw his or her tentative approval or he or she may, at any time after he or she has given his or her final approval, revoke that approval if he or she feels it is necessary to carry out the purposes of the chapter. The withdrawal or revocation of that approval shall not affect the validity of any policies executed prior to the date of the withdrawal. If the commissioner disapproves or withdraws or revokes his or her approval to all or any part of the plan of operation, the association shall, within 30 days, submit for review an appropriately revised plan or part of a revised plan, and, if the association fails to do so, or if the revised plan is unacceptable, the commissioner shall promulgate a plan of operation or part of a plan as he or she may deem necessary to carry out the purposes of this chapter.\n(g) The association may, on its own initiative or at the request of the commissioner, amend the plan of operation, subject to approval by the commissioner, who shall have supervision of the inspection bureau, the facility, and the association. The commissioner or any person designated by him or her, shall have the power of visitation of and examination into the operation and free access to all the books, records, files, papers, and documents that relate to operation of the facility and association, and may summon, qualify, and examine as witnesses all persons having knowledge of those operations, including officers, agents, or employees thereof.\n(h) Every insurer member of the plan shall provide to applicants who are denied coverage the statewide toll-free telephone number for the plan established pursuant to Section 10095.5 for the purpose of obtaining information and assistance in obtaining basic property insurance.\n(i) This section shall remain in effect only until March 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before March 1, 2017, deletes or extends that date.\nSEC. 2.\nSection 10095 is added to the Insurance Code, to read:\n10095.\n(a) Within 30 days following the effective date of this chapter, the association shall submit to the commissioner, for his or her review, a proposed plan of operation, consistent with the provisions of this chapter, creating an association consisting of all insurers licensed to write and engaged in writing in this state, on a direct basis, basic property insurance or any component of basic property insurance in homeowners or other dwelling multiperil policies. An insurer described in this subdivision shall be a member of the association and shall remain a member as a condition of its authority to transact those kinds of insurance in this state.\n(b) The proposed plan shall authorize the association to assume and cede reinsurance on risks written by insurers in conformity with the program.\n(c) Under the plan, an insurer shall participate in the writings, expenses, and profits and losses of the association in the proportion that its premiums written during the second preceding calendar year bear to the aggregate premiums written by all insurers in the program, excluding that portion of the premiums written attributable to the operation of the association. Premiums written on a policy of basic residential earthquake insurance issued by the California Earthquake Authority pursuant to Section 10089.6 shall be attributed to the insurer that writes the underlying policy of residential property insurance.\n(d) The plan shall provide for administration by a governing committee under rules to be adopted by the governing committee with the approval of the commissioner. Voting on administrative questions of the association and facility shall be weighted in accordance with each insurer\u2019s premiums written during the second preceding calendar year as disclosed in the reports filed by the insurer with the commissioner.\n(e) The plan shall provide for a plan to encourage persons to secure basic property insurance through normal channels from an admitted insurer or a licensed surplus line broker by informing those persons what steps they must take in order to secure the insurance through normal channels.\n(f) The plan shall be subject to the approval of the commissioner and shall go into effect upon the tentative approval of the commissioner. The commissioner may, at any time, withdraw his or her tentative approval or he or she may, at any time after he or she has given his or her final approval, revoke that approval if he or she feels it is necessary to carry out the purposes of the chapter. The withdrawal or revocation of that approval shall not affect the validity of any policies executed prior to the date of the withdrawal. If the commissioner disapproves or withdraws or revokes his or her approval to all or any part of the plan of operation, the association shall, within 30 days, submit for review an appropriately revised plan or part of a revised plan, and, if the association fails to do so, or if the revised plan is unacceptable, the commissioner shall promulgate a plan of operation or part of a plan as he or she may deem necessary to carry out the purposes of this chapter.\n(g) The association may, on its own initiative or at the request of the commissioner, amend the plan of operation, subject to approval by the commissioner, who shall have supervision of the inspection bureau, the facility, and the association. The commissioner or any person designated by him or her, shall have the power of visitation of and examination into the operation and free access to all the books, records, files, papers, and documents that relate to operation of the facility and association, and may summon, qualify, and examine as witnesses all persons having knowledge of those operations, including officers, agents, or employees thereof.\n(h) An insurer member of the plan shall provide to an applicant who is denied coverage, or a policyholder whose policy is canceled or not renewed, the Internet Web site address and statewide toll-free telephone number for the plan established pursuant to Section 10095.5 for the purpose of obtaining information and assistance in obtaining basic property insurance.\n(i) This section shall become operative March 1, 2017.\nSEC. 3.\nSection 10095.5 of the Insurance Code is amended to read:\n10095.5.\n(a) The association shall establish and maintain an Internet Web site and a statewide toll-free telephone number through which a person may receive information and assistance in applying for insurance through the plan. The association shall cause the toll-free telephone number to be published in all general distribution telephone directories in the state and shall include the toll-free telephone number and Internet Web site address on all communications with an applicant or insured.\n(b) An insurance agent or broker transacting basic property insurance shall assist a person seeking his or her help in obtaining basic property insurance coverage by any one of the following methods:\n(1) Making an application for insurance through the plan by submitting an application at the person\u2019s request.\n(2) Providing the person with the California FAIR Plan\u2019s Internet Web site address and the toll-free telephone number.\n(3) Making an application for insurance, at the person\u2019s request, and placing that person with or through an insurer that offers, or a surplus line broker that procures, basic property insurance coverage.\nSEC. 4.\nThis 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:\nIn order to have the consumer protections proposed in this act become operative as soon as possible for homeowners who are having difficulty obtaining insurance coverage for their property because they are located in high-risk brush and wildfire areas, and to provide insurers adequate time to amend and prepare their required notices to customers about the availability of coverage through the California FAIR (fair access to insurance requirements) Plan, it is necessary for this act to take effect immediately.","title":""}
{"_id":"c319","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 490.5 of the Penal Code is amended to read:\n490.5.\n(a) Upon a first conviction for petty theft involving merchandise taken from a merchant\u2019s 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\nsuch\nviolation; and may also be punished by imprisonment in the county jail, not exceeding six months, or both\nsuch\nthat\nfine and imprisonment.\n(b)\nWhen\nIf\nan unemancipated minor\u2019s willful conduct would constitute petty theft involving merchandise taken from a merchant\u2019s premises or a book or other library materials taken from a library facility,\nany\na\nmerchant or library facility\nwho\nthat\nhas 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.\nThe 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.\n(c)\nWhen\nIf\nan adult or emancipated minor has unlawfully taken merchandise from a merchant\u2019s 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.\n(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\nsuch\nperson be required to perform less than the number of hours of\nsuch\npublic 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.\n(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\nas may be\nadopted by the Superintendent of Public Instruction, each county superintendent of schools shall allocate\nsuch\nfunds to school districts within the county\nwhich\nthat\nsubmit 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.\n(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\u2019s premises.\nA 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.\nA 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.\n(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.\n(3) During the period of detention any items\nwhich\nthat\na merchant or theater owner, or any items\nwhich\nthat\na 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\nwhich\nthat\nare 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.\n(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.\n(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.\n(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.\n(7) In any civil action brought by any person resulting from a detention or arrest by a merchant, it shall be a defense to\nsuch\nthe\naction that the merchant detaining or arresting\nsuch\nthe\nperson 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.\nIn 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.\n(g) As used in this section:\n(1) \u201cMerchandise\u201d means any personal property, capable of manual delivery, displayed, held or offered for retail sale by a merchant.\n(2) \u201cMerchant\u201d 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.\n(3) \u201cTheater owner\u201d 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.\n(4) The terms \u201cbook or other library materials\u201d 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.\n(5) The term \u201clibrary facility\u201d includes any public library; any library of an educational, historical or eleemosynary institution, organization or society; any museum; any repository of public records.\n(h) Any library facility shall post at its entrance and exit a conspicuous sign to read as follows:\n\n\u201cIN 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 \u201cLIBRARY THEFT\u201d (PENAL CODE SECTION 490.5).\u201d\n\n(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.\nSECTION 1.\nSection 4030 of the\nPenal Code\nis amended to read:\n4030.\n(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.\n(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.\n(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.\n(c)As used in this section, the following definitions shall apply:\n(1)\u201cBody cavity\u201d only means the stomach or rectal cavity of a person, and vagina of a female person.\n(2)\u201cPhysical body cavity search\u201d means physical intrusion into a body cavity for the purpose of discovering any object concealed in the body cavity.\n(3)\u201cStrip search\u201d 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.\n(4)\u201cVisual body cavity search\u201d means visual inspection of a body cavity.\n(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.\n(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.\n(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:\n(A)The person is not cited and released.\n(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.\n(C)The person is not able to post bail within a reasonable time, not less than three hours.\n(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.\n(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.\n(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\u2019s 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\u2019s records and made available, upon request, to the person searched or his or her authorized representative.\n(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.\n(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.\n(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.\n(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.\n(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(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.\n(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\u2019s fees.","title":""}
{"_id":"c285","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 34501.12 of the Vehicle Code is amended to read:\n34501.12.\n(a) Vehicles and the operation thereof, subject to this section, are those described in subdivision (a), (b), (e), (f), (g), (j), or (k) of Section 34500.\n(b) It is unlawful for a motor carrier to operate any vehicle of a type described in subdivision (a) without identifying to the department all terminals, as defined in Section 34515, in this state where vehicles may be inspected by the department pursuant to paragraph (4) of subdivision (a) of Section 34501 and where vehicle inspection and maintenance records and driver records will be made available for inspection. Motor carriers shall make vehicles and records available for inspection upon request by an authorized representative of the department. If a motor carrier fails to provide vehicles and records, an unsatisfactory terminal rating shall be issued by the department.\n(1) The number of vehicles that will be selected for inspection by the department at a terminal shall be based on terminal fleet size and applied separately to a terminal fleet of power units and trailers, according to the following schedule:\nFleet Size\nRepresentative\nSample\n1 or 2\nAll\n3 to 8\n3\n9 to 15\n4\n16 to 25\n6\n26 to 50\n9\n51 to 90\n14\n91 or more\n20\n(2) The lessor of any vehicle described in subdivision (a) shall make vehicles available for inspection upon request of an authorized representative of the department in the course of inspecting the terminal of the lessee. This section does not affect whether the lessor or driver provided by the lessor is an employee of the authorized carrier lessee, and compliance with this section and its attendant administrative requirements does not imply an employee-employer relationship.\n(c) (1) The department may inspect any terminal, as defined in Section 34515, of a motor carrier who, at any time, operates any vehicle described in subdivision (a).\n(2) The department shall adopt rules and regulations establishing a performance-based truck terminal inspection selection priority system. In adopting the system\u2019s rules and regulations, the department shall incorporate methodologies consistent with those used by the Federal Motor Carrier Safety Administration, including those related to the quantitative analysis of safety-related motor carrier performance data, collected during the course of inspection or enforcement contact by authorized representatives of the department or any authorized federal, state, or local safety official, in categories, including, but not limited to, driver fatigue, driver fitness, vehicle maintenance, and controlled substances and alcohol use. The department shall also incorporate other safety-related motor carrier performance data in this system, including citations and accident information. The department shall create a database to include all performance-based data specified in this section that shall be updated in a manner to provide real-time information to the department on motor carrier performance. The department shall prioritize for selection those motor carrier terminals never previously inspected by the department, those identified by the inspection priority selection system, and those terminals operating vehicles listed in subdivision (g) of Section 34500. The department is not required to inspect a terminal subject to inspection pursuant to this section more often than once every six years, if a terminal receives a satisfactory compliance rating as the result of a terminal inspection conducted by the department pursuant to this section or Section 34501, or if the department has not received notification by the system of a motor carrier operating while exceeding the threshold of the inspection selection priority system. Any motor carrier that is inspected and receives less than a satisfactory compliance rating, or that falls below the threshold of the selection priority system, shall be subject to periodic inquiries and inspections as outlined in subdivision (f), and these inquiries and inspections shall be based on the severity of the violations.\n(3) As used in this section and Section 34505.6, subdivision (f) of Section 34500 includes only those combinations where the gross vehicle weight rating of the towing vehicle exceeds 10,000 pounds, but does not include a pickup truck or any combination never operated in commercial use, and subdivision (g) of Section 34500 includes only those vehicles transporting hazardous material for which the display of placards is required pursuant to Section 27903, a license is required pursuant to Section 32000.5, or for which hazardous waste transporter registration is required pursuant to Section 25163 of the Health and Safety Code. Notwithstanding Section 5014.1, vehicles that display special identification plates in accordance with Section 5011, historical vehicles, as described in Section 5004, implements of husbandry and farm vehicles, as defined in Chapter 1 (commencing with Section 36000) of Division 16 with the exception of vehicles operating in the pilot program established pursuant to Section 36103, and vehicles owned or operated by an agency of the federal government are not subject to this section or Section 34505.6.\n(d) It is unlawful for a motor carrier to operate, or cause to be operated, any vehicle that is subject to this section, Section 34520, or Division 14.85 (commencing with Section 34600), unless the motor carrier is knowledgeable of, and in compliance with, all applicable statutes and regulations.\n(e) It is unlawful for a motor carrier to contract or subcontract with, or otherwise engage the services of, another motor carrier, subject to this section, unless the contracted motor carrier has complied with subdivision (d). A motor carrier shall not contract or subcontract with, or otherwise engage the services of, another motor carrier until the contracted motor carrier provides certification of compliance with subdivision (d). This certification shall be completed in writing by the contracted motor carrier in a manner prescribed by the department. The certification, or a copy of the certification, shall be maintained by each involved party for the duration of the contract or the period of service plus two years, and shall be presented for inspection immediately upon the request of an authorized employee of the department. The certifications required by this subdivision and subdivision (b) of 34620 may be combined.\n(f) (1) An inspected terminal that receives an unsatisfactory compliance rating shall be reinspected by the department within 120 days after the issuance of the unsatisfactory compliance rating.\n(2) If a motor carrier\u2019s Motor Carrier of Property Permit or Public Utilities Commission operating authority is suspended as a result of an unsatisfactory compliance rating, the department shall not conduct a reinspection for permit or authority reinstatement until requested to do so by the Department of Motor Vehicles or the Public Utilities Commission, as appropriate.\n(g) A motor carrier issued an unsatisfactory terminal rating may request a review of the rating within five business days of receipt of the notification of the rating. The department shall conduct and evaluate the review within 10 business days of the request.\n(h) The department shall publish performance-based inspection completion data and make the data available for public review.\n(i) This section shall be known, and may be cited, as the Basic Inspection of Terminals program or BIT program.\nSEC. 1.5.\nSection 34501.12 of the Vehicle Code is amended to read:\n34501.12.\n(a) Vehicles and the operation thereof, subject to this section, are those described in subdivision (a), (b), (e), (f), (g), (j), or (k) of Section 34500, except an agricultural vehicle as defined in Section 34500.6.\n(b) It is unlawful for a motor carrier to operate any vehicle of a type described in subdivision (a) without identifying to the department all terminals, as defined in Section 34515, in this state where vehicles may be inspected by the department pursuant to paragraph (4) of subdivision (a) of Section 34501 and where vehicle inspection and maintenance records and driver records will be made available for inspection. Motor carriers shall make vehicles and records available for inspection upon request by an authorized representative of the department. If a motor carrier fails to provide vehicles and records, an unsatisfactory terminal rating shall be issued by the department.\n(1) The number of vehicles that will be selected for inspection by the department at a terminal shall be based on terminal fleet size and applied separately to a terminal fleet of power units and trailers, according to the following schedule:\nFleet Size\nRepresentative\nSample\n1 or 2\nAll\n3 to 8\n3\n9 to 15\n4\n16 to 25\n6\n26 to 50\n9\n51 to 90\n14\n91 or more\n20\n(2) The lessor of any vehicle described in subdivision (a) shall make vehicles available for inspection upon request of an authorized representative of the department in the course of inspecting the terminal of the lessee. This section does not affect whether the lessor or driver provided by the lessor is an employee of the authorized carrier lessee, and compliance with this section and its attendant administrative requirements does not imply an employee-employer relationship.\n(c) (1) The department may inspect any terminal, as defined in Section 34515, of a motor carrier who, at any time, operates any vehicle described in subdivision (a).\n(2) The department shall adopt rules and regulations establishing a performance-based truck terminal inspection selection priority system. In adopting the system\u2019s rules and regulations, the department shall incorporate methodologies consistent with those used by the Federal Motor Carrier Safety Administration, including those related to the quantitative analysis of safety-related motor carrier performance data, collected during the course of inspection or enforcement contact by authorized representatives of the department or any authorized federal, state, or local safety official, in categories, including, but not limited to, driver fatigue, driver fitness, vehicle maintenance, and controlled substances and alcohol use. The department shall also incorporate other safety-related motor carrier performance data in this system, including citations and accident information. The department shall create a database to include all performance-based data specified in this section that shall be updated in a manner to provide real-time information to the department on motor carrier performance. The department shall prioritize for selection those motor carrier terminals never previously inspected by the department, those identified by the inspection priority selection system, and those terminals operating vehicles listed in subdivision (g) of Section 34500. The department is not required to inspect a terminal subject to inspection pursuant to this section more often than once every six years, if a terminal receives a satisfactory compliance rating as the result of a terminal inspection conducted by the department pursuant to this section or Section 34501, or if the department has not received notification by the system of a motor carrier operating while exceeding the threshold of the inspection selection priority system. Any motor carrier that is inspected and receives less than a satisfactory compliance rating, or that falls below the threshold of the selection priority system, shall be subject to periodic inquiries and inspections as outlined in subdivision (f), and these inquiries and inspections shall be based on the severity of the violations.\n(3) As used in this section and Section 34505.6, subdivision (f) of Section 34500 includes only those combinations where the gross vehicle weight rating of the towing vehicle exceeds 10,000 pounds, but does not include a pickup truck or any combination never operated in commercial use, and subdivision (g) of Section 34500 includes only those vehicles transporting hazardous material for which the display of placards is required pursuant to Section 27903, a license is required pursuant to Section 32000.5, or for which hazardous waste transporter registration is required pursuant to Section 25163 of the Health and Safety Code. Notwithstanding Section 5014.1, vehicles that display special identification plates in accordance with Section 5011, historical vehicles, as described in Section 5004, implements of husbandry and farm vehicles, as defined in Chapter 1 (commencing with Section 36000) of Division 16 with the exception of vehicles operating in the pilot program established pursuant to Section 36103, and vehicles owned or operated by an agency of the federal government are not subject to this section or Section 34505.6.\n(d) It is unlawful for a motor carrier to operate, or cause to be operated, any vehicle that is subject to this section, Section 34520, or Division 14.85 (commencing with Section 34600), unless the motor carrier is knowledgeable of, and in compliance with, all applicable statutes and regulations.\n(e) It is unlawful for a motor carrier to contract or subcontract with, or otherwise engage the services of, another motor carrier, subject to this section, unless the contracted motor carrier has complied with subdivision (d). A motor carrier shall not contract or subcontract with, or otherwise engage the services of, another motor carrier until the contracted motor carrier provides certification of compliance with subdivision (d). This certification shall be completed in writing by the contracted motor carrier in a manner prescribed by the department. The certification, or a copy of the certification, shall be maintained by each involved party for the duration of the contract or the period of service plus two years, and shall be presented for inspection immediately upon the request of an authorized employee of the department. The certifications required by this subdivision and subdivision (b) of 34620 may be combined.\n(f) (1) An inspected terminal that receives an unsatisfactory compliance rating shall be reinspected by the department within 120 days after the issuance of the unsatisfactory compliance rating.\n(2) If a motor carrier\u2019s Motor Carrier of Property Permit or Public Utilities Commission operating authority is suspended as a result of an unsatisfactory compliance rating, the department shall not conduct a reinspection for permit or authority reinstatement until requested to do so by the Department of Motor Vehicles or the Public Utilities Commission, as appropriate.\n(g) A motor carrier issued an unsatisfactory terminal rating may request a review of the rating within five business days of receipt of the notification of the rating. The department shall conduct and evaluate the review within 10 business days of the request.\n(h) The department shall publish performance-based inspection completion data and make the data available for public review.\n(i) This section shall be known, and may be cited, as the Basic Inspection of Terminals program or BIT program.\nSEC. 2.\nSection 34622 of the Vehicle Code is amended to read:\n34622.\nThis chapter does not apply to any of the following:\n(a) Vehicles described in Section 5004 or 5011, and those that are exempt from vehicle registration fees with the exception of vehicles operating in the pilot program established pursuant to Section 36103.\n(b) A household goods carrier transporting used office, store, and institution furniture and fixtures under its household goods carrier permit pursuant to Section 5137 of the Public Utilities Code.\nSEC. 3.\nSection 36103 is added to the Vehicle Code, to read:\n36103.\n(a) Notwithstanding any other law, the Department of the California Highway Patrol and the Department of Motor Vehicles shall establish a pilot program in the Counties of Fresno, Kings, and Madera to evaluate exemption from vehicle registration for a motor vehicle designed and used exclusively for carrying, or returning from carrying, agricultural or farming products, and used on a highway between one part of a farm to another part of that farm, or from one farm to another farm, for a distance of no more than 20 air miles. The following requirements shall be met before participation is allowed in the pilot program:\n(1) Operation on the highway is only incidental to a farming operation and not for hire.\n(2) The vehicle displays a special identification plate issued pursuant to Section 5014.\n(3) The applicant obtains a carrier identification number issued by the Department of the California Highway Patrol, pursuant to Section 34507.5.\n(4) The applicant obtains a motor carrier permit issued pursuant to Section 34620 or 34621.\n(5) The applicant agrees to conduct periodic inspections, pursuant to Section 34505.5, of vehicles participating in the pilot program.\n(6) The employer of the driver enrolls in the Department of Motor Vehicles pull-notice system for the purpose of providing the employer with a report showing the driver\u2019s current public record as recorded by the department and any subsequent conviction, failure to appear, accident, driver\u2019s license suspension, driver\u2019s license revocation, or any other action taken against the driving privilege if the vehicle requires a class A, class B, or class C license with a hazardous materials or any other applicable endorsement required by Section 15278. An owner or family member who drives the vehicle shall be enrolled as if he or she were an employee.\n(b) On or before July 1, 2018, the Department of the California Highway Patrol and the Department of Motor Vehicles shall report to the Legislature on the status and effectiveness of the pilot program, including, but not limited to, a description of the number of vehicles enrolled, an evaluation of the loss of registration funding attributable to the program, and a description of collisions involving vehicles enrolled, enforcement issues, and safety issues. A report submitted pursuant to this subdivision shall be submitted pursuant to Section 9795 of the Government Code.\n(c) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.\nSEC. 4.\nSection 36305 of the Vehicle Code is amended to read:\n36305.\n(a) The driver of any implement of husbandry shall possess a valid class C driver\u2019s license when operating a combination of vehicles at a speed in excess of 25 miles per hour or towing any implement of husbandry as specified in subdivision (d), (e), or (j) of Section 36005.\n(b) Notwithstanding Section 36300, a person shall not operate a vehicle pursuant to the pilot program established in Section 36103 unless the person has in his or her possession a valid driver\u2019s license for the applicable vehicle type.\nSEC. 5.\nSection 1.5 of this bill incorporates amendments to Section 34501.12 of the Vehicle Code proposed by both this bill and Assembly Bill 1960. 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 34501.12 of the Vehicle Code, and (3) this bill is enacted after Assembly Bill 1960, in which case Section 1 of this bill shall not become operative.\nSEC. 6.\nNo reimbursement is required by this act pursuant to Section 6 of Article XIII\u2009B 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\u2009B of the California Constitution.","title":""}
{"_id":"c399","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 84211 of the Government Code is amended to read:\n84211.\nEach campaign statement required by this article shall contain all of the following information:\n(a) The total amount of contributions received during the period covered by the campaign statement and the total cumulative amount of contributions received.\n(b) The total amount of expenditures made during the period covered by the campaign statement and the total cumulative amount of expenditures made.\n(c) The total amount of contributions received during the period covered by the campaign statement from persons who have given a cumulative amount of one hundred dollars ($100) or more.\n(d) The total amount of contributions received during the period covered by the campaign statement from persons who have given a cumulative amount of less than one hundred dollars ($100).\n(e) The balance of cash and cash equivalents on hand at the beginning and the end of the period covered by the campaign statement.\n(f) If the cumulative amount of\ncontributions (including loans)\ncontributions, including loans,\nreceived from a person is one hundred dollars ($100) or more and a contribution or loan has been received from that person during the period covered by the campaign statement, all of the following:\n(1) His or her full name.\n(2) His or her street address.\n(3) His or her occupation.\n(4) The name of his or her employer, or if self-employed, the name of the business.\n(5) The date and amount\nreceived for\nof\neach contribution received during the period covered by the campaign statement\nand\nand,\nif the contribution is a loan, the interest rate for the loan.\n(6) The cumulative amount of contributions.\n(g) If the cumulative amount of loans received from or made to a person is one hundred dollars ($100) or more, and a loan has been received from or made to a person during the period covered by the campaign statement, or is outstanding during the period covered by the campaign statement, all of the following:\n(1) His or her full name.\n(2) His or her street address.\n(3) His or her occupation.\n(4) The name of his or her employer, or if self-employed, the name of the business.\n(5) The original date and amount of each loan.\n(6) The due date and interest rate of the loan.\n(7) The cumulative payment made or received to date at the end of the reporting period.\n(8) The balance outstanding at the end of the reporting period.\n(9) The cumulative amount of contributions.\n(h) For each person, other than the filer, who is directly, indirectly, or contingently liable for repayment of a loan received or outstanding during the period covered by the campaign statement, all of the following:\n(1) His or her full name.\n(2) His or her street address.\n(3) His or her occupation.\n(4) The name of his or her employer, or if self-employed, the name of the business.\n(5) The amount of his or her maximum liability outstanding.\n(i) The total amount of expenditures made during the period covered by the campaign statement to persons who have received one hundred dollars ($100) or more.\n(j) The total amount of expenditures made during the period covered by the campaign statement to persons who have received less than one hundred dollars ($100).\n(k) For each person to whom an expenditure of one hundred dollars ($100) or more has been made during the period covered by the campaign statement, all of the following:\n(1) His or her full name.\n(2) His or her street address.\n(3) The amount of each expenditure.\n(4) A brief description of the consideration for which each expenditure was made.\n(5) In the case of an expenditure\nwhich\nthat\nis a contribution to a candidate, elected officer, or committee or an independent expenditure to support or oppose a candidate or measure, in addition to the information required in paragraphs (1) to\n(4) above,\n(4), inclusive,\nthe date of the contribution or independent\nexpenditure,\nexpenditure;\nthe cumulative amount of contributions made to a candidate, elected officer, or committee, or the cumulative amount of independent expenditures made relative to a candidate or measure; the full name of the candidate, and the office and district for which he or she seeks nomination or election, or the number or letter of the measure; and the jurisdiction in which the measure or candidate is voted upon.\n(6) The information required in paragraphs (1) to (4), inclusive, for each person, if different from the payee, who has provided consideration for an expenditure of five hundred dollars ($500) or more during the period covered by the campaign statement.\nFor purposes of subdivisions (i), (j), and (k) only,\nthe terms\n\u201cexpenditure\u201d or \u201cexpenditures\u201d mean any individual payment or accrued expense, unless it is clear from surrounding circumstances that a series of payments or accrued expenses are for a single service or product.\n(l) In the case of a controlled committee, an official committee of a political party, or an organization formed or existing primarily for political purposes, the amount and source of any miscellaneous receipt.\n(m) If a committee is listed pursuant to subdivision (f), (g), (h), (k), (l), or\n(q),\n(p),\nthe number assigned to the committee by the Secretary of State shall be listed, or if no number has been assigned, the full name and street address of the treasurer of the committee.\n(n) In a campaign statement filed by a candidate who is a candidate in both a state primary and general election, his or her controlled committee, or a committee primarily formed to support or oppose such a candidate, the total amount of contributions received and the total amount of expenditures made for the period January 1\nthrough\nto\nJune 30\n, inclusive,\nand the total amount of contributions received and expenditures made for the period July 1\nthrough\nto\nDecember 31\n, inclusive\n.\n(o) The full name, residential or business address, and telephone number of the filer, or in the case of a campaign statement filed by a committee defined by subdivision (a) of Section 82013, the name, street address, and telephone number of the committee and of the committee treasurer. In the case of a committee defined by subdivision (b) or (c) of Section 82013, the name that the filer uses on campaign statements shall be the name by which the filer is identified for other legal purposes or any name by which the filer is commonly known to the public.\n(p) If the campaign statement is filed by a candidate, the name, street address, and treasurer of any committee of which he or she has knowledge which has received contributions or made expenditures on behalf of his or her candidacy and whether the committee is controlled by the candidate.\n(q) A contribution need not be reported nor shall it be deemed accepted if it is not cashed, negotiated, or deposited and is returned to the contributor before the closing date of the campaign statement on which the contribution would otherwise be reported.\n(r) If a committee primarily formed for the qualification or support of, or opposition to, an initiative or ballot measure is required to report an expenditure to a business entity pursuant to subdivision (k) and 50 percent or more of the business entity is owned by a candidate or person controlling the committee, by an officer or employee of the committee, or by a spouse of any of these individuals, the committee\u2019s campaign statement shall also contain, in addition to the information required by subdivision (k), that person\u2019s name, the relationship of that person to the committee, and a description of that person\u2019s ownership interest or position with the business entity.\n(s) If a committee primarily formed for the qualification or support of, or opposition to, an initiative or ballot measure is required to report an expenditure to a business entity pursuant to subdivision (k), and a candidate or person controlling the committee, an officer or employee of the committee, or a spouse of any of these individuals is an officer, partner, consultant, or employee of the business entity, the committee\u2019s campaign statement shall also contain, in addition to the information required by subdivision (k), that person\u2019s name, the relationship of that person to the committee, and a description of that person\u2019s ownership interest or position with the business entity.\n(t) If the campaign statement is filed by a committee, as defined in subdivision (b) or (c) of Section 82013, information sufficient to identify the nature and interests of the filer, including:\n(1) If the filer is an individual, the name and address of the filer\u2019s employer, if any, or his or her principal place of business if the filer is self-employed, and a description of the business activity in which the filer or his or her employer is engaged.\n(2) If the filer is a business entity, a description of the business activity in which it is engaged.\n(3) If the filer is an industry, trade, or professional association, a description of the industry, trade, or profession which it represents, including a specific description of any portion or faction of the industry, trade, or profession which the association exclusively or primarily represents.\n(4) If the filer is not an individual, business entity, or industry, trade, or professional association, a statement of the person\u2019s nature and purposes, including a description of any industry, trade, profession, or other group with a common economic interest which the person principally represents or from which its membership or financial support is principally derived.","title":""}
{"_id":"c464","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nThe Legislature finds and declares as follows:\n(a) On December 4, 2015, Congress passed, and the President signed into law, the Fixing America\u2019s Surface Transportation (FAST) Act (Public Law 114-94).\n(b) The FAST Act provides long-term funding certainty for surface transportation and requires the National Highway Traffic Safety Administration (NHTSA) to award certain grants pursuant to rulemaking.\n(c) The FAST Act includes grant programs for states that meet requirements associated with impaired driving interventions, including 24\/7 Sobriety programs. These programs typically approach impaired driving deterrence by focusing on the most high-risk offenders, requiring abstinence from alcohol or illegal drugs, testing compliance multiple times per day, and swiftly delivering defined consequences for noncompliance.\n(d) The FAST Act permits the NHTSA to award 24\/7 Sobriety program grants to states that meet two separate requirements:\n(1) That a state enact and enforce a law that requires all individuals convicted of driving under the influence of alcohol or of driving while intoxicated to receive at least a 30-day restriction on driving privileges. California currently meets this requirement.\n(2) That a state provide a 24\/7 Sobriety program with statewide applicability. A \u201c24\/7 Sobriety program\u201d is a state law or program that authorizes a state court or an agency with jurisdiction to require an individual who has committed a driving-under-the-influence offense to abstain from alcohol or controlled substances for a period of time and be subject to testing for alcohol or controlled substances at least twice per day at a testing location, or by a continuous transdermal monitoring device, or by an alternative method approved by the NHTSA. California does not yet meet this requirement.\n(e) Additional federal grant moneys are available to states under the NHTSA\u2019s highway safety programs and national priority safety programs pursuant to Sections 402 and 405 of Title 23 of the United States Code.\n(f) It is the intent of the Legislature in enacting this act to authorize a statewide 24\/7 Sobriety program so that California is eligible for the new 24\/7 FAST Act grant funding and additional funding available through the NHTSA.\nSECTION 1.\nSEC. 2.\nSection 164.2 is added to the Streets and Highways Code, to read:\n164.2.\nFederal funds derived from apportionments made to the state under the Fixing America\u2019s Surface Transportation Act (\u201cFAST Act,\u201d Public Law\n114-094)\n114-94)\nshall be identified and included in the fund estimates prepared pursuant to Sections 14524 and 14525 of the Government Code for purposes of the interregional transportation improvement program prepared by the department pursuant to Section 14526 of the Government Code, the regional transportation improvement programs prepared by the regional transportation agencies pursuant to Section 14527 of the Government Code, and the state transportation improvement program adopted by the commission pursuant to Section 14529 of the Government Code.\nSEC. 3.\nSection 23582.5 is added to the Vehicle Code, to read:\n23582.5.\n(a) The court may order a person convicted of a violation of Section 23152 or 23153 to enroll and participate in, and successfully complete, a qualified 24\/7 Sobriety program, as described in subdivision (d), as a condition of probation, parole, sentence, or work permit if the program is available and deemed appropriate, and the person committed the current violation within 10 years of one or more separate violations of Section 23152 or 23153 that resulted in a conviction.\n(b) The court may require a person who has been arrested for a violation of Section 23152 or 23153 to enroll and participate in, and successfully complete, a qualified 24\/7 Sobriety program, as described in subdivision (d), as a condition of release on bond, if the program is available and deemed appropriate, and the person committed the current violation within 10 years of one or more separate violations of Section 23152 or 23153 that resulted in a conviction.\n(c) A person whose driving privilege has been suspended or revoked pursuant to Section 13352 or 13353 and who subsequently applies to the department for a restricted driving privilege shall be permitted to enroll and participate in, and successfully complete, a 24\/7 Sobriety program as a condition of obtaining the restricted driving privilege if the program is available and deemed appropriate, and the person was charged with the current violation within 10 years of one or more separate violations of Section 23152 or 23153 that resulted in a conviction. The restricted driving privilege granted under this subdivision shall be for a minimum of one year and may be conditioned on participation in the 24\/7 Sobriety program as an alternative to, or in conjunction with, participation in an ignition interlock device program.\n(d) For purposes of this section, a \u201c24\/7 Sobriety program\u201d requires a participant to abstain from alcohol or controlled substance use for a designated period of time and be subject to at least twice-per-day breath testing for alcohol or periodic testing for controlled substances at a testing location. In the event of a hardship, testing for alcohol may be accomplished by a continuous transdermal monitoring device or by an alternative method approved by the National Highway Traffic Safety Administration. Methodologies that provide immediate, in-person positive reinforcement for compliant behavior and the most immediate sanctions for noncompliant events are preferred testing methodologies under this program. However, a participant\u2019s ability to maintain employment, schooling, or family life, usually due to lack of proximity to a testing location, may be considered a hardship for the purposes of this subdivision. The 24\/7 Sobriety program methodology shall be evidence-based. \u201cEvidence-based\u201d means the program methodology meets at least two of the following criteria:\n(1) Evaluation research shows that the program produces the expected positive results.\n(2) The results can be attributed to the program itself, rather than to other extraneous factors or events.\n(3) The evaluation is peer reviewed by experts in the field.\n(4) The program is endorsed by a federal agency or respected research organization and included in its list of effective programs.\n(e) A person ordered into a 24\/7 Sobriety program may also be required to participate in any other driving-under-the-influence program required under California law, including, but not limited to, programs provided in Section 11836 of the Health and Safety Code.\n(f) Testing locations and methods that provide the best ability to sanction a violation as close in time as reasonably feasible to the occurrence of the violation should be given preference.\n(g) In order to enable all required defendants to participate, each person shall pay the program costs commensurate with the person\u2019s ability to pay as determined pursuant to Section 11837.4 of the Health and Safety Code.\n(h) The court shall not impose a program of more than 180 days in length unless the defendant tests positive for alcohol or an unauthorized controlled substance or fails to appear for a test.\n(i) The Office of Traffic Safety shall include a description of the provisions authorizing the 24\/7 Sobriety program pursuant to this section in its highway safety plan required to be submitted to the NHTSA under subsection (k) of Section 402 of Title 23 of the United States Code, including any application requirements necessary to qualify for grants under Section 405 of Title 23 of the United States Code.\n(j) The department shall establish statewide uniform collection and reporting of all of the following data:\n(1) Participant demographic information.\n(2) Participant case history information.\n(3) Testing information, including testing duration, test results, and testing attendance.\n(4) Fees and fee payments.","title":""}
{"_id":"c478","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nThe Legislature hereby finds and declares as follows:\n(a) Many areas of the state are disproportionately impacted by drought because they are heavily dependent or completely reliant on groundwater from basins that are in overdraft and in which the water table declines year after year or from basins that are contaminated.\n(b) There are a number of state grant and loan programs that provide financial assistance to communities to address drinking water and wastewater needs. Unfortunately, there is no program in place to provide similar assistance to individual homeowners who are reliant on their own groundwater wells and who may not be able to afford conventional private loans to undertake vital water supply, water quality, and wastewater improvements.\n(c) The program created by this act is intended to bridge that gap by providing low-interest loans, grants, or both, to individual homeowners to undertake actions necessary to provide safer, cleaner, and more reliable drinking water and wastewater treatment. These actions may include, but are not limited to, digging deeper wells, improving existing wells and related equipment, addressing drinking water contaminants in the homeowner\u2019s water, or connecting to a local water or wastewater system.\nSEC. 2.\nChapter 6.6 (commencing with Section 13486) is added to Division 7 of the Water Code, to read:\nCHAPTER  6.6. Water and Wastewater Loan and Grant Program\n13486.\n(a) The board shall establish a program in accordance with this chapter to provide low-interest loans and grants to local agencies for low-interest loans and grants to eligible applicants for any of the following purposes:\n(1) Extending or connecting service lines from a water or wastewater system to the applicant\u2019s residence or plumbing.\n(2) Paying reasonable charges or fees for connecting to a water or wastewater system.\n(3) Paying costs to close abandoned septic tanks and water wells, as necessary, to protect health and safety as required by local or state law.\n(4) Deepening an existing groundwater well.\n(5) Improving an existing groundwater well, including associated equipment.\n(6) Installing a water treatment system if the groundwater exceeds a primary or secondary drinking standard, as defined in Section 116275 of the Health and Safety Code.\n(b) The board may adopt any regulation it determines is necessary to carry out the purposes of the chapter. A regulation adopted pursuant to this subdivision shall not be subject to the rulemaking requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.\n13487.\n(a) The Water and Wastewater Loan and Grant Fund is hereby created in the State Treasury. The moneys in the Water and Wastewater Loan and Grant Fund are available, upon appropriation by the Legislature, to the board for expenditure in accordance with this chapter.\n(b) The following moneys shall be deposited in the Water and Wastewater Loan and Grant Fund:\n(1) Moneys repaid to the board pursuant to a grant or loan made in accordance with this chapter, including interest payments.\n(2) Notwithstanding Section 16475 of the Government Code, any interest earned upon the moneys in the Water and Wastewater Loan and Grant Fund.\n13488.\n(a) An eligible applicant for a loan shall meet all of the following criteria:\n(1) Have a household income below the statewide median household income.\n(2) Have an ownership interest in the residence.\n(3) Be unable to obtain financial assistance at reasonable terms and conditions from private lenders and lack the personal resources to undertake these improvements.\n(4) Demonstrate an ability to repay the loan. This requirement may be satisfied by having another party join the application as a cosigner.\n(b) Any loan granted shall be secured by a mortgage on the residence and repaid within 20 years in accordance with terms established by the board. The interest rate on the loan shall not exceed 1 percent. While any balance on the loan is outstanding, a loan recipient shall furnish evidence of and continually maintain homeowner\u2019s insurance on the security residence to protect the state\u2019s interest in the residence.\n(c) The board may enter into a contract with a private financial institution to provide loans consistent with the purposes of this chapter. If the board exercises this authority, the board may utilize a portion of the moneys in the Water and Wastewater Loan and Grant Fund to provide a loan guarantee or similar loss mitigation mechanism.\n13489.\n(a) An eligible applicant for a grant shall meet all of the following criteria:\n(1) Have a household income that is 60 percent or less of the statewide median household income.\n(2) Have an ownership interest in the residence.\n(3) Be unable to obtain financial assistance at reasonable terms and conditions from private lenders and lack the personal resources to undertake these improvements.\n(b) A grant recipient shall repay to the board the grant amount in full if that recipient sells the residence less than five years from the date that the grant agreement was signed.\n(c) A grant recipient shall repay to the board any unused grant funds.\nSEC. 3.\nTen million dollars ($10,000,000) is hereby transferred from the General Fund to the Water and Wastewater Loan and Grant Fund.\nSEC. 4.\nThis 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:\nIn order to provide eligible households with access to safer, cleaner, and more reliable drinking water and wastewater treatment during California\u2019s prolonged drought, it is necessary that this act take effect immediately.\nSECTION 1.\nSection 21168.6.7 is added to the\nPublic Resources Code\n, to read:\n21168.6.7.\n(a)For the purposes of this section \u201cwater project\u201d means a project funded, in whole or in part, with proceeds of bonds sold pursuant to the Water Quality, Supply and Infrastructure Improvement Act of 2014 (Division 26.7 (commencing with Section 79700) of the Water Code).\n(b)Notwithstanding any other law, the procedures established pursuant to subdivision (c) shall apply to an action or proceeding brought to attack, review, set aside, void, or annul the certification of the environmental impact report for a water project or the granting of any approvals for a water project.\n(c)On or before July 1, 2016, the Judicial Council shall adopt a rule of court to establish procedures applicable to actions or proceedings brought to attack, review, set aside, void, or annul the certification of the environmental impact report for a water project or the granting of any project approvals that require the actions or proceedings, including any potential appeals therefrom, be resolved, to the extent feasible, within 270 days of certification of the record of proceedings pursuant to subdivision (e).\n(d)(1) \u2002 The draft and final environmental impact report for a water project shall include a notice in not less than 12-point type stating the following:\nTHIS EIR IS SUBJECT TO SECTION 21168.6.7 OF THE PUBLIC RESOURCES CODE, WHICH PROVIDES, AMONG OTHER THINGS, THAT THE LEAD AGENCY NEED NOT CONSIDER CERTAIN COMMENTS FILED AFTER THE CLOSE OF THE PUBLIC COMMENT PERIOD FOR THE DRAFT EIR. ANY JUDICIAL ACTION CHALLENGING THE CERTIFICATION OF THE EIR OR THE APPROVAL OF THE PROJECT DESCRIBED IN THE EIR IS SUBJECT TO THE PROCEDURES SET FORTH IN SECTION 21168.6.7 OF THE PUBLIC RESOURCES CODE. A COPY OF SECTION 21168.6.7 OF THE PUBLIC RESOURCES CODE IS INCLUDED IN THE APPENDIX TO THIS EIR.\n(2)The draft environmental impact report and final environmental impact report shall contain, as an appendix, the full text of this section.\n(3)Within 10 days after the release of the draft environmental impact report, the lead agency shall conduct an informational workshop to inform the public of the key analyses and conclusions of that report.\n(4)Within 10 days before the close of the public comment period, the lead agency shall hold a public hearing to receive testimony on the draft environmental impact report. A transcript of the hearing shall be included as an appendix to the final environmental impact report.\n(5)(A) \u2002 Within five days following the close of the public comment period, a commenter on the draft environmental impact report may submit to the lead agency a written request for nonbinding mediation. The lead agency and applicant shall participate in nonbinding mediation with all commenters who submitted timely comments on the draft environmental impact report and who requested the mediation. Mediation conducted pursuant to this paragraph shall end no later than 35 days after the close of the public comment period.\n(B)A request for mediation shall identify all areas of dispute raised in the comment submitted by the commenter that are to be mediated.\n(C)The lead agency shall select one or more mediators who shall be retired judges or recognized experts with at least five years experience in land use and environmental law or science, or mediation. The applicant shall bear the costs of mediation.\n(D)A mediation session shall be conducted on each area of dispute with the parties requesting mediation on that area of dispute.\n(E)The lead agency shall adopt, as a condition of approval, any measures agreed upon by the lead agency, the applicant, and any commenter who requested mediation. A commenter who agrees to a measure pursuant to this subparagraph shall not raise the issue addressed by that measure as a basis for an action or proceeding challenging the lead agency\u2019s decision to certify the environmental impact report or to grant one or more initial project approvals.\n(6)The lead agency need not consider written comments submitted after the close of the public comment period, unless those comments address any of the following:\n(A)New issues raised in the response to comments by the lead agency.\n(B)New information released by the public agency subsequent to the release of the draft environmental impact report, such as new information set forth or embodied in a staff report, proposed permit, proposed resolution, ordinance, or similar documents.\n(C)Changes made to the project after the close of the public comment period.\n(D)Proposed conditions for approval, mitigation measures, or proposed findings required by Section 21081 or a proposed reporting and monitoring program required by paragraph (1) of subdivision (a) of Section 21081.6, where the lead agency releases those documents subsequent to the release of the draft environmental impact report.\n(E)New information that was not reasonably known and could not have been reasonably known during the public comment period.\n(7)The lead agency shall file the notice required by subdivision (a) of Section 21108 or subdivision (a) of Section 21152 within five days after the last initial project approval.\n(e)(1) \u2002 The lead agency shall prepare and certify the record of the proceedings in accordance with this subdivision and in accordance with Rule 3.1365 of the California Rules of Court. The applicant shall pay the lead agency for all costs of preparing and certifying the record of proceedings.\n(2)No later than three business days following the date of the release of the draft environmental impact report, the lead agency shall make available to the public in a readily accessible electronic format the draft environmental impact report and all other documents submitted to or relied on by the lead agency in the preparation of the draft environmental impact report. A document prepared by the lead agency or submitted by the applicant after the date of the release of the draft environmental impact report that is a part of the record of the proceedings shall be made available to the public in a readily accessible electronic format within five business days after the document is prepared or received by the lead agency.\n(3)Notwithstanding paragraph (2), documents submitted to or relied on by the lead agency that were not prepared specifically for the project and are copyright protected are not required to be made readily accessible in an electronic format. For those copyright protected documents, the lead agency shall make an index of these documents available in an electronic format no later than the date of the release of the draft environmental impact report, or within five business days if the document is received or relied on by the lead agency after the release of the draft environmental impact report. The index must specify the libraries or lead agency offices in which hardcopies of the copyrighted materials are available for public review.\n(4)The lead agency shall encourage written comments on the project to be submitted in a readily accessible electronic format, and shall make any such comment available to the public in a readily accessible electronic format within five days of its receipt.\n(5)Within seven business days after the receipt of any comment that is not in an electronic format, the lead agency shall convert that comment into a readily accessible electronic format and make it available to the public in that format.\n(6)The lead agency shall indicate in the record of the proceedings comments received that were not considered by the lead agency pursuant to paragraph (6) of subdivision (d) and need not include the content of the comments as a part of the record.\n(7)Within five days after the filing of the notice required by subdivision (a) of Section 21108 or subdivision (a) of Section 21152, the lead agency shall certify the record of the proceedings for the approval or determination and shall provide an electronic copy of the record to a party that has submitted a written request for a copy. The lead agency may charge and collect a reasonable fee from a party requesting a copy of the record for the electronic copy, which shall not exceed the reasonable cost of reproducing that copy.\n(8)Within 10 days after being served with a complaint or a petition for a writ of mandate, the lead agency shall lodge a copy of the certified record of proceedings with the superior court.\n(9)Any dispute over the content of the record of the proceedings shall be resolved by the superior court. Unless the superior court directs otherwise, a party disputing the content of the record shall file a motion to augment the record at the time it files its initial brief.\n(10)The contents of the record of proceedings shall be as set forth in subdivision (e) of Section 21167.6.\n(f)(1) \u2002 (A) \u2002 In granting relief in an action or proceeding brought pursuant to this division, the court shall not stay or enjoin the construction or operation of a water project unless the court finds either of the following:\n(i)The continued construction or operation of the water project presents an imminent threat to the public health and safety.\n(ii)The water project site contains unforeseen important Native American artifacts or unforeseen important historical, archaeological, or ecological values that would be materially, permanently, and adversely affected by the continued construction or operation of the water project unless the court stays or enjoins the construction or operation of the water project.\n(B)If the court finds that clause (i) or (ii) is satisfied, the court shall only enjoin those specific activities associated with the water project that present an imminent threat to public health and safety or that materially, permanently, and adversely affect unforeseen important Native American artifacts or unforeseen important historical, archaeological, or ecological values.\n(2)An action or proceeding to attack, set aside, void, or annul a determination, finding, or decision of the lead agency granting a subsequent project approval shall be subject to the requirements of Chapter 6 (commencing with Section 21165).\nSEC. 2.\nNo reimbursement is required by this act pursuant to Section 6 of Article XIII\u2009B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.","title":""}
{"_id":"c123","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 12814.6 of the Vehicle Code is amended to read:\n12814.6.\n(a) Except as provided in Section 12814.7, a driver\u2019s license issued to a person at least 16 years of age but under 21 years of age shall be issued pursuant to the provisional licensing program contained in this section. The program shall consist of all of the following components:\n(1) Upon application for an original license, the applicant shall be issued an instruction permit pursuant to Section 12509. A person who has in his or her immediate possession a valid permit issued pursuant to Section 12509 may operate a motor vehicle, other than a motorcycle or motorized bicycle, only when the person is either taking the driver training instruction referred to in paragraph (3) or practicing that instruction, provided the person is accompanied by, and is under the immediate supervision of, a California licensed driver 25 years of age or older whose driving privilege is not on probation. The age requirement of this paragraph does not apply if the licensed driver is the parent, spouse, or guardian of the permitholder or is a licensed or certified driving instructor.\n(2) The person shall hold an instruction permit for not less than six months prior to applying for a provisional driver\u2019s license.\n(3) The person shall have complied with one of the following:\n(A) Satisfactory completion of approved courses in automobile driver education and driver training maintained pursuant to provisions of the Education Code in any secondary school of California, or equivalent instruction in a secondary school of another state.\n(B) Satisfactory completion of an integrated driver education and training program that is approved by the department and conducted by a driving instructor licensed under Chapter 1 (commencing with Section 11100) of Division 5. The program shall utilize segmented modules, whereby a portion of the educational instruction is provided by, and then reinforced through, specific behind-the-wheel training before moving to the next phase of driver education and training. The program shall contain a minimum of 30 hours of classroom instruction and six hours of behind-the-wheel training.\n(C) Satisfactory completion of six hours or more of behind-the-wheel instruction by a driving school or an independent driving instructor licensed under Chapter 1 (commencing with Section 11100) of Division 5 and either an accredited course in automobile driver education in any secondary school of California pursuant to provisions of the Education Code or satisfactory completion of equivalent professional instruction acceptable to the department. To be acceptable to the department, the professional instruction shall meet minimum standards to be prescribed by the department, and the standards shall be at least equal to the requirements for driver education and driver training contained in the rules and regulations adopted by the State Board of Education pursuant to the Education Code. A person who has complied with this subparagraph shall not be required by the governing board of a school district to comply with subparagraph (A) in order to graduate from high school.\n(D) Except as provided under subparagraph (B), a student shall not take driver training instruction, unless he or she has successfully completed driver education.\n(4) The person shall complete 50 hours of supervised driving practice prior to the issuance of a provisional license, which is in addition to any other driver training instruction required by law. Not less than 10 of the required practice hours shall include driving during darkness, as defined in Section 280. Upon application for a provisional license, the person shall submit to the department the certification of a parent, spouse, guardian, or licensed or certified driving instructor that the applicant has completed the required amount of driving practice and is prepared to take the department\u2019s driving test. A person without a parent, spouse, guardian, or who is an emancipated minor, may have a licensed driver 25 years of age or older or a licensed or certified driving instructor complete the certification. This requirement does not apply to motorcycle practice.\n(5) The person shall successfully complete an examination required by the department. Before retaking a test, the person shall wait for not less than one week after failure of the written test and for not less than two weeks after failure of the driving test.\n(b) Except as provided in Section 12814.7, the provisional driver\u2019s license shall be subject to all of the following restrictions:\n(1) Except as specified in paragraph (2), during the first 12 months after issuance of a provisional license the licensee shall not do any of the following unless accompanied and supervised by a licensed driver who is the licensee\u2019s parent or guardian, a licensed driver who is 25 years of age or older, or a licensed or certified driving instructor:\n(A) Drive between the hours of 11 p.m. and 5 a.m.\n(B) Transport passengers who are under 20 years of age.\n(2) A licensee may drive between the hours of 11 p.m. and 5 a.m. or transport an immediate family member without being accompanied and supervised by a licensed driver who is the licensee\u2019s parent or guardian, a licensed driver who is 25 years of age or older, or a licensed or certified driving instructor, in the following circumstances:\n(A) Medical necessity of the licensee when reasonable transportation facilities are inadequate and operation of a vehicle by a licensee is necessary. The licensee shall keep in his or her possession a signed statement from a physician familiar with the condition, containing a diagnosis and probable date when sufficient recovery will have been made to terminate the necessity.\n(B)\nSchooling\nSchool\nor school-authorized activities of the licensee when reasonable transportation facilities are inadequate and operation of a vehicle by a licensee is necessary.\n(i) The licensee shall keep in his or her possession a signed statement from the school principal, dean, or school staff member designated by the principal or dean, containing a probable date that the\nschooling\nschool\nor school-authorized activity will have been completed.\n(ii) A licensee who is 18, 19, or 20 years of age may keep in his or her possession a copy of his or her class schedule as documentation to satisfy clause (i).\n(C) Employment necessity of the licensee when reasonable transportation facilities are inadequate and operation of a vehicle by a licensee is necessary.\n(i) The licensee shall keep in his or her possession a signed statement from the employer, verifying employment and containing a probable date that the employment will have been completed.\n(ii) A licensee who is 18, 19, or 20 years of age may keep in his or her possession a copy of his or her work schedule as documentation to satisfy clause (i).\n(D) Necessity of the licensee or the licensee\u2019s immediate family member when reasonable transportation facilities are inadequate and operation of a vehicle by a licensee is necessary to transport the licensee or the licensee\u2019s immediate family member. The licensee shall keep in his or her possession a signed statement from a parent or legal guardian verifying the reason and containing a probable date that the necessity will have ceased. If reasonable transportation facilities are inadequate and operation of a vehicle by a licensee who is 18, 19, or 20 years of age is necessary to transport the licensee or the licensee\u2019s immediate family member, a signed statement by a parent or legal guardian is not required.\n(E) The licensee is an emancipated minor.\n(c) A law enforcement officer shall not stop a vehicle for the sole purpose of determining whether the driver is in violation of the restrictions imposed under subdivision (b).\n(d) A law enforcement officer shall not stop a vehicle for the sole purpose of determining whether a driver who is subject to the license restrictions in subdivision (b) is in violation of Article 2.5 (commencing with Section 118947) of Chapter 4 of Part 15 of Division 104 of the Health and Safety Code.\n(e) (1) Upon a finding that any licensee has violated paragraph (1) of subdivision (b), the court shall impose one of the following:\n(A) Not less than eight hours nor more than 16 hours of community service for a first offense and not less than 16 hours nor more than 24 hours of community service for a second or subsequent offense.\n(B) A fine of not more than thirty-five dollars ($35) for a first offense and a fine of not more than fifty dollars ($50) for a second or subsequent offense.\n(2) If the court orders community service, the court shall retain jurisdiction until the hours of community service have been completed.\n(3) If the hours of community service have not been completed within 90 days, the court shall impose a fine of not more than thirty-five dollars ($35) for a first offense and not more than fifty dollars ($50) for a second or subsequent offense.\n(f) A conviction of paragraph (1) of subdivision (b), when reported to the department, shall not be disclosed as otherwise specified in Section 1808 or constitute a violation point count value pursuant to Section 12810.\n(g) Any term of restriction or suspension of the driving privilege imposed on a person pursuant to this subdivision shall remain in effect until the end of the term even though the person becomes 21 years of age before the term ends.\n(1) The driving privilege shall be suspended when the record of the person shows one or more notifications issued pursuant to Section 40509 or 40509.5. The suspension shall continue until any notification issued pursuant to Section 40509 or 40509.5 has been cleared.\n(2) A 30-day restriction shall be imposed when a driver\u2019s record shows a violation point count of two or more points in 12 months, as determined in accordance with Section 12810. The restriction shall require the licensee to be accompanied by a licensed parent, spouse, guardian, or other licensed driver 25 years of age or older, except when operating a class M vehicle, or so licensed, with no passengers aboard.\n(3) A six-month suspension of the driving privilege and a one-year term of probation shall be imposed whenever a licensee\u2019s record shows a violation point count of three or more points in 12 months, as determined in accordance with Section 12810. The terms and conditions of probation shall include, but not be limited to, both of the following:\n(A) The person shall not violate any law that, if resulting in conviction, is reportable to the department under Section 1803.\n(B) The person shall remain free from accident responsibility.\n(h) Whenever action by the department under subdivision (g) arises as a result of a motor vehicle accident, the person may, in writing and within 10 days, demand a hearing to present evidence that he or she was not responsible for the accident upon which the action is based. Whenever action by the department is based upon a conviction reportable to the department under Section 1803, the person has no right to a hearing pursuant to Article 3 (commencing with Section 14100) of Chapter 3.\n(i) The department shall require a person whose driving privilege is suspended or revoked pursuant to subdivision (g) to submit proof of financial responsibility as defined in Section 16430. The proof of financial responsibility shall be filed on or before the date of reinstatement following the suspension or revocation. The proof of financial responsibility shall be maintained with the department for three years following the date of reinstatement.\n(j) (1) Notwithstanding any other provision of this code, the department may issue a distinctive driver\u2019s license, that displays a distinctive color or a distinctively colored stripe or other distinguishing characteristic, to persons at least 16 years of age and older but under 18 years of age, and to persons 18 years of age and older but under 21 years of age, so that the distinctive license feature is immediately recognizable. The features shall clearly differentiate between driver\u2019s licenses issued to persons at least 16 years of age or older but under 18 years of age and to persons 18 years of age or older but under 21 years of age.\n(2) If changes in the format or appearance of driver\u2019s licenses are adopted pursuant to this subdivision, those changes may be implemented under any new contract for the production of driver\u2019s licenses entered into after the adoption of those changes.\n(k) The department shall include, on the face of the provisional driver\u2019s license, the original issuance date of the provisional driver\u2019s license in addition to any other issuance date.\n(l) This section shall be known and may be cited as the Brady-Jared Teen Driver Safety Act of 1997.\nSEC. 2.\nNo reimbursement is required by this act pursuant to Section 6 of Article XIII\u2009B 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\u2009B of the California Constitution.","title":""}
{"_id":"c196","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 19130 of the Government Code is amended to read:\n19130.\nThe purpose of this article is to establish standards for the use of personal services contracts.\n(a) Personal services contracting is permissible to achieve cost savings when all the following conditions are met:\n(1) The contracting agency clearly demonstrates that the proposed contract will result in actual overall cost savings to the state, provided that:\n(A) In comparing costs, there shall be included the state\u2019s additional cost of providing the same service as proposed by a contractor. These additional costs shall include the salaries and benefits of additional staff that would be needed and the cost of additional space, equipment, and materials needed to perform the function.\n(B) In comparing costs, there shall not be included the state\u2019s indirect overhead costs unless these costs can be attributed solely to the function in question and would not exist if that function was not performed in state service. Indirect overhead costs shall mean the pro rata share of existing administrative salaries and benefits, rent, equipment costs, utilities, and materials.\n(C) In comparing costs, there shall be included in the cost of a contractor providing a service any continuing state costs that would be directly associated with the contracted function. These continuing state costs shall include, but not be limited to, those for inspection, supervision, and monitoring.\n(2) Proposals to contract out work shall not be approved solely on the basis that savings will result from lower contractor pay rates or benefits. Proposals to contract out work shall be eligible for approval if the contractor\u2019s wages are at the industry\u2019s level and do not significantly undercut state pay rates.\n(3) The contract does not cause the displacement of civil service employees. The term \u201cdisplacement\u201d includes layoff, demotion, involuntary transfer to a new class, involuntary transfer to a new location requiring a change of residence, and time base reductions. Displacement does not include changes in shifts or days off, nor does it include reassignment to other positions within the same class and general location.\n(4) The contract does not adversely affect the state\u2019s affirmative action efforts.\n(5) The savings shall be large enough to ensure that they will not be eliminated by private sector and state cost fluctuations that could normally be expected during the contracting period.\n(6) The amount of savings clearly justify the size and duration of the contracting agreement.\n(7) The contract is awarded through a publicized, competitive bidding process.\n(8) The contract includes specific provisions pertaining to the qualifications of the staff that will perform the work under the contract, as well as assurance that the contractor\u2019s hiring practices meet applicable nondiscrimination, affirmative action standards.\n(9) The potential for future economic risk to the state from potential contractor rate increases is minimal.\n(10) The contract is with a firm. A \u201cfirm\u201d means a corporation, partnership, nonprofit organization, or sole proprietorship.\n(11) The potential economic advantage of contracting is not outweighed by the public\u2019s interest in having a particular function performed directly by state government.\n(b) Except as provided in subdivision (d), personal services contracting also shall be permissible when any of the following conditions can be met:\n(1) The functions contracted are exempted from civil service by Section 4 of Article VII of the California Constitution, which describes exempt appointments.\n(2) The contract is for a new state function and the Legislature has specifically mandated or authorized the performance of the work by independent contractors.\n(3) The services contracted are not available within civil service, cannot be performed satisfactorily by civil service employees, or are of such a highly specialized or technical nature that the necessary expert knowledge, experience, and ability are not available through the civil service system.\n(4) The services are incidental to a contract for the purchase or lease of real or personal property. Contracts under this criterion, known as \u201cservice agreements,\u201d shall include, but not be limited to, agreements to service or maintain office equipment or computers that are leased or rented.\n(5) The legislative, administrative, or legal goals and purposes cannot be accomplished through the utilization of persons selected pursuant to the regular civil service system. Contracts are permissible under this criterion to protect against a conflict of interest or to insure independent and unbiased findings in cases where there is a clear need for a different, outside perspective. These contracts shall include, but not be limited to, obtaining expert witnesses in litigation.\n(6) The nature of the work is such that the Government Code standards for emergency appointments apply. These contracts shall conform with Article 8 (commencing with Section 19888) of Chapter 2.5 of Part 2.6.\n(7) State agencies need private counsel because a conflict of interest on the part of the Attorney General\u2019s office prevents it from representing the agency without compromising its position. These contracts shall require the written consent of the Attorney General, pursuant to Section 11040.\n(8) The contractor will provide equipment, materials, facilities, or support services that could not feasibly be provided by the state in the location where the services are to be performed.\n(9) The contractor will conduct training courses for which appropriately qualified civil service instructors are not available, provided that permanent instructor positions in academies or similar settings shall be filled through civil service appointment.\n(10) The services are of such an urgent, temporary, or occasional nature that the delay incumbent in their implementation under civil service would frustrate their very purpose.\n(c) All persons who provide services to the state under conditions the board determines constitute an employment relationship shall, unless exempted from civil service by Section 4 of Article VII of the California Constitution, be retained under an appropriate civil service appointment.\n(d) A personal services contract otherwise permitted pursuant to subdivision (b) is prohibited if it would cause the displacement of civil service employees. For the purposes of this subdivision, \u201cdisplacement\u201d includes layoff, demotion, involuntary transfer to a new class, involuntary transfer to a new location requiring a change of residence, and time base reductions. Displacement does not include changes in shifts or days off, nor does it include reassignment to other positions within the same class and general location.","title":""}
{"_id":"c315","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 48204 of the Education Code, as amended by Section 1 of Chapter 93 of the Statutes of 2012, is amended to read:\n48204.\n(a) Notwithstanding Section 48200, a pupil complies with the residency requirements for school attendance in a school district, if he or she is any of the following:\n(1) (A) A pupil placed within the boundaries of that school district in a regularly established licensed children\u2019s institution, or a licensed foster home, or a family home pursuant to a commitment or placement under Chapter 2 (commencing with Section 200) of Part 1 of Division 2 of the Welfare and Institutions Code.\n(B) An agency placing a pupil in a home or institution described in subparagraph (A) shall provide evidence to the school that the placement or commitment is pursuant to law.\n(2) A pupil who is a foster child who remains in his or her school of origin pursuant to subdivisions (e) and (f) of Section 48853.5.\n(3) A pupil for whom interdistrict attendance has been approved pursuant to Chapter 5 (commencing with Section 46600) of Part 26.\n(4) A pupil whose residence is located within the boundaries of that school district and whose parent or legal guardian is relieved of responsibility, control, and authority through emancipation.\n(5) A pupil who lives in the home of a caregiving adult that is located within the boundaries of that school district. Execution of an affidavit under penalty of perjury pursuant to Part 1.5 (commencing with Section 6550) of Division 11 of the Family Code by the caregiving adult is a sufficient basis for a determination that the pupil lives in the home of the caregiver, unless the school district determines from actual facts that the pupil is not living in the home of the caregiver.\n(6) A pupil residing in a state hospital located within the boundaries of that school district.\n(7) A pupil whose parent or legal guardian resides outside of the boundaries of that school district but is employed and lives with the pupil at the place of his or her employment within the boundaries of the school district for a minimum of three days during the school week.\n(b) A school district may deem a pupil to have complied with the residency requirements for school attendance in the school district if at least one parent or the legal guardian of the pupil is physically employed within the boundaries of that school district for a minimum of 10 hours during the school week.\n(1) This subdivision does not require the school district within which at least one parent or the legal guardian of a pupil is employed to admit the pupil to its schools. A school district shall not, however, refuse to admit a pupil under this subdivision on the basis, except as expressly provided in this subdivision, of race, ethnicity, sex, parental income, scholastic achievement, or any other arbitrary consideration.\n(2) The school district in which the residency of either the parents or the legal guardian of the pupil is established, or the school district to which the pupil is to be transferred under this subdivision, may prohibit the transfer of the pupil under this subdivision if the governing board of the school district determines that the transfer would negatively impact the court-ordered or voluntary desegregation plan of the school district.\n(3) The school district to which the pupil is to be transferred under this subdivision may prohibit the transfer of the pupil if the school district determines that the additional cost of educating the pupil would exceed the amount of additional state aid received as a result of the transfer.\n(4) The governing board of a school district that prohibits the transfer of a pupil pursuant to paragraph (1), (2), or (3) is encouraged to identify, and communicate in writing to the parents or the legal guardian of the pupil, the specific reasons for that determination and is encouraged to ensure that the determination, and the specific reasons for the determination, are accurately recorded in the minutes of the board meeting in which the determination was made.\n(5) The average daily attendance for pupils admitted pursuant to this subdivision is calculated pursuant to Section 46607.\n(6) Unless approved by the sending school district, this subdivision does not authorize a net transfer of pupils out of a school district, calculated as the difference between the number of pupils exiting the school district and the number of pupils entering the school district, in a fiscal year in excess of the following amounts:\n(A) For a school district with an average daily attendance for that fiscal year of less than 501, 5 percent of the average daily attendance of the school district.\n(B) For a school district with an average daily attendance for that fiscal year of 501 or more, but less than 2,501, 3 percent of the average daily attendance of the school district or 25 pupils, whichever amount is greater.\n(C) For a school district with an average daily attendance of 2,501 or more, 1 percent of the average daily attendance of the school district or 75 pupils, whichever amount is greater.\n(7) Once a pupil is deemed to have complied with the residency requirements for school attendance pursuant to this subdivision and is enrolled in a school in a school district the boundaries of which include the location where at least one parent or the legal guardian of a pupil is physically employed, the pupil does not have to reapply in the next school year to attend a school within that school district and the governing board of the school district shall allow the pupil to attend school through grade 12 in that school district if the parent or legal guardian so chooses and if at least one parent or the legal guardian of the pupil continues to be physically employed by an employer situated within the attendance boundaries of the school district, subject to paragraphs (1) to (6), inclusive.\n(c) This section shall become inoperative on July 1, 2017, and as of January 1, 2018, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2018, deletes or extends the dates on which it becomes inoperative and is repealed.\nSEC. 2.\nSection 48204 of the Education Code, as amended by Section 2 of Chapter 93 of the Statutes of 2012, is amended to read:\n48204.\n(a) Notwithstanding Section 48200, a pupil complies with the residency requirements for school and authority through emancipation.\n(5) A pupil who lives in the home of a caregiving adult that is located within the boundaries of that school district. Execution of an affidavit under penalty of perjury pursuant to Part 1.5 (commencing with Section 6550) of Division 11 of the Family Code by the caregiving adult is a sufficient basis for a determination that the pupil lives in the home of the caregiver, unless the school district determines from actual facts that the pupil is not living in the home of the caregiver.\n(6) A pupil residing in a state hospital located within the boundaries of that school district.\n(7) A pupil whose parent or legal guardian resides outside of the boundaries of that school district but is employed and lives with the pupil at the place of his or her employment within the boundaries of the school district for a minimum of three days during the school week.\n(b) This section shall become operative on July 1, 2017.\nSEC. 3.\nIf 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.","title":""}
{"_id":"c216","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 208.3 is added to the Welfare and Institutions Code, to read:\n208.3.\n(a) For purposes of this section, the following definitions shall apply:\n(1) \u201cJuvenile facility\u201d includes any of the following:\n(A) A juvenile hall, as described in Section 850.\n(B) A juvenile camp or ranch, as described in Article 24 (commencing with Section 880).\n(C) A facility of the Department of Corrections and Rehabilitation, Division of Juvenile Facilities.\n(D) A regional youth educational facility, as described in Section 894.\n(E) A youth correctional center, as described in Article 9 (commencing with Section 1850) of Chapter 1 of Division 2.5.\n(F) A juvenile regional facility as described in Section 5695.\n(G) Any other local or state facility used for the confinement of minors or wards.\n(2) \u201cMinor\u201d means a person who is any of the following:\n(A) A person under 18 years of age.\n(B) A person under the maximum age of juvenile court jurisdiction who is confined in a juvenile facility.\n(C) A person under the jurisdiction of the Department of Corrections and Rehabilitation, Division of Juvenile Facilities.\n(3) \u201cRoom confinement\u201d means the placement of a minor or ward in a locked sleeping room or cell with minimal or no contact with persons other than correctional facility staff and attorneys. Room confinement does not include confinement of a minor or ward in a single-person room or cell for brief periods of locked room confinement necessary for required institutional operations.\n(4) \u201cWard\u201d means a person who has been declared a ward of the court pursuant to subdivision (a) of Section 602.\n(b) The placement of a minor or ward in room confinement shall be accomplished in accordance with the following guidelines:\n(1) Room confinement shall not be used before other less restrictive options have been attempted and exhausted, unless attempting those options poses a threat to the safety or security of any minor, ward, or staff.\n(2) Room confinement shall not be used for the purposes of punishment, coercion, convenience, or retaliation by staff.\n(3) Room confinement shall not be used to the extent that it compromises the mental and physical health of the minor or ward.\n(c) A minor or ward may be held up to four hours in room confinement. After the minor or ward has been held in room confinement for a period of four hours, staff shall do one or more of the following:\n(1) Return the minor or ward to general population.\n(2) Consult with mental health or medical staff.\n(3) Develop an individualized plan that includes the goals and objectives to be met in order to reintegrate the minor or ward to general population.\n(d) If room confinement must be extended beyond four hours, staff shall do the following:\n(1) Document the reason for room confinement and the basis for the extension, the date and time the minor or ward was first placed in room confinement, and when he or she is eventually released from room confinement.\n(2) Develop an individualized plan that includes the goals and objectives to be met in order to reintegrate the minor or ward to general population.\n(3) Obtain documented authorization by the facility superintendent or his or her designee every four hours thereafter.\n(e) This section is not intended to limit the use of single-person rooms or cells for the housing of minors or wards in juvenile facilities and does not apply to normal sleeping hours.\n(f) This section does not apply to minors or wards in court holding facilities or adult facilities.\n(g) Nothing in this section shall be construed to conflict with any law providing greater or additional protections to minors or wards.\n(h) This section does not apply during an extraordinary, emergency circumstance that requires a significant departure from normal institutional operations, including a natural disaster or facility-wide threat that poses an imminent and substantial risk of harm to multiple staff, minors, or wards. This exception shall apply for the shortest amount of time needed to address the imminent and substantial risk of harm.\n(i) This section does not apply when a minor or ward is placed in a locked cell or sleep room to treat and protect against the spread of a communicable disease for the shortest amount of time required to reduce the risk of infection, with the written approval of a licensed physician or nurse practitioner, when the minor or ward is not required to be in an infirmary for an illness. Additionally, this section does not apply when a minor or ward is placed in a locked cell or sleep room for required extended care after medical treatment with the written approval of a licensed physician or nurse practitioner, when the minor or ward is not required to be in an infirmary for illness.\n(j) This section shall become operative on January 1, 2018.\nSEC. 2.\nIf 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.","title":""}
{"_id":"c305","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 430.41 is added to the Code of Civil Procedure, to read:\n430.41.\n(a) Before filing a demurrer pursuant to this chapter, the demurring party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer. If an amended complaint, cross-complaint, or answer is filed, the responding party shall meet and confer again with the party who filed the amended pleading before filing a demurrer to the amended pleading.\n(1) As part of the meet and confer process, the demurring party shall identify all of the specific causes of action that it believes are subject to demurrer and identify with legal support the basis of the deficiencies. The party who filed the complaint, cross-complaint, or answer shall provide legal support for its position that the pleading is legally sufficient or, in the alternative, how the complaint, cross-complaint, or answer could be amended to cure any legal insufficiency.\n(2) The parties shall meet and confer at least five days before the date the responsive pleading is due. If the parties are not able to meet and confer at least five days prior to the date the responsive pleading is due, the demurring party shall be granted an automatic 30-day extension of time within which to file a responsive pleading, by filing and serving, on or before the date on which a demurrer would be due, a declaration stating under penalty of perjury that a good faith attempt to meet and confer was made and explaining the reasons why the parties could not meet and confer. The 30-day extension shall commence from the date the responsive pleading was previously due, and the demurring party shall not be subject to default during the period of the extension. Any further extensions shall be obtained by court order upon a showing of good cause.\n(3) The demurring party shall file and serve with the demurrer a declaration stating either of the following:\n(A) The means by which the demurring party met and conferred with the party who filed the pleading subject to demurrer, and that the parties did not reach an agreement resolving the objections raised in the demurrer.\n(B) That the party who filed the pleading subject to demurrer failed to respond to the meet and confer request of the demurring party or otherwise failed to meet and confer in good faith.\n(4) Any determination by the court that the meet and confer process was insufficient shall not be grounds to overrule or sustain a demurrer.\n(b) A party demurring to a pleading that has been amended after a demurrer to an earlier version of the pleading was sustained shall not demur to any portion of the amended complaint, cross-complaint, or answer on grounds that could have been raised by demurrer to the earlier version of the complaint, cross-complaint, or answer.\n(c) If a court sustains a demurrer to one or more causes of action and grants leave to amend, the court may order a conference of the parties before an amended complaint or cross-complaint or a demurrer to an amended complaint or cross-complaint, may be filed. If a conference is held, the court shall not preclude a party from filing a demurrer and the time to file a demurrer shall not begin until after the conference has concluded. Nothing in this section prohibits the court from ordering a conference on its own motion at any time or prevents a party from requesting that the court order a conference to be held.\n(d) This section does not apply to the following civil actions:\n(1) An action in which a party not represented by counsel is incarcerated in a local, state, or federal correctional institution.\n(2) A proceeding in forcible entry, forcible detainer, or unlawful detainer.\n(e) (1) In response to a demurrer and prior to the case being at issue, a complaint or cross-complaint shall not be amended more than three times, absent an offer to the trial court as to such additional facts to be pleaded that there is a reasonable possibility the defect can be cured to state a cause of action. The three-amendment limit shall not include an amendment made without leave of the court pursuant to Section 472, provided the amendment is made before a demurrer to the original complaint or cross-complaint is filed.\n(2) Nothing in this section affects the rights of a party to amend its pleading or respond to an amended pleading after the case is at issue.\n(f) Nothing in this section affects appellate review or the rights of a party pursuant to Section 430.80.\n(g) If a demurrer is overruled as to a cause of action and that cause of action is not further amended, the demurring party preserves its right to appeal after final judgment without filing a further demurrer.\n(h) This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date.\nSEC. 2.\nSection 472 of the Code of Civil Procedure is amended to read:\n472.\n(a) A party may amend its pleading once without leave of the court at any time before the answer or demurrer is filed, or after a demurrer is filed but before the demurrer is heard if the amended complaint, cross-complaint, or answer is filed and served no later than the date for filing an opposition to the demurrer. A party may amend the complaint, cross-complaint, or answer after the date for filing an opposition to the demurrer, upon stipulation by the parties. The time for responding to an amended pleading shall be computed from the date of service of the amended pleading.\n(b) This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date.\nSEC. 3.\nSection 472 is added to the Code of Civil Procedure, to read:\n472.\n(a) Any pleading may be amended once by the party of course, and without costs, at any time before the answer or demurrer is filed, or after demurrer and before the trial of the issue of law thereon, by filing the same as amended and serving a copy on the adverse party, and the time in which the adverse party must respond thereto shall be computed from the date of notice of the amendment.\n(b) This section shall become operative on January 1, 2021.\nSEC. 4.\nSection 472a of the Code of Civil Procedure is amended to read:\n472a.\n(a) A demurrer is not waived by an answer filed at the same time.\n(b) Except as otherwise provided by rule adopted by the Judicial Council, if a demurrer to a complaint or to a cross-complaint is overruled and there is no answer filed, the court shall allow an answer to be filed upon such terms as may be just. If a demurrer to the answer is overruled, the action shall proceed as if no demurrer had been interposed, and the facts alleged in the answer shall be considered as denied to the extent mentioned in Section 431.20.\n(c) Subject to the limitations imposed by subdivision (e) of Section 430.41, if a demurrer is sustained, the court may grant leave to amend the pleading upon any terms as may be just and shall fix the time within which the amendment or amended pleading shall be filed. If a demurrer is stricken pursuant to Section 436 and there is no answer filed, the court shall allow an answer to be filed on terms that are just.\n(d) If a motion to strike is granted pursuant to Section 436, the court may order that an amendment or amended pleading be filed upon terms it deems proper. If a motion to strike a complaint or cross-complaint, or portion thereof, is denied, the court shall allow the party filing the motion to strike to file an answer.\n(e) If a motion to dismiss an action pursuant to Article 2 (commencing with Section 583.210) of Chapter 1.5 of Title 8 is denied, the court shall allow a pleading to be filed.\n(f) This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date.\nSEC. 5.\nSection 472a is added to the Code of Civil Procedure, to read:\n472a.\n(a) A demurrer is not waived by an answer filed at the same time.\n(b) Except as otherwise provided by rule adopted by the Judicial Council, if a demurrer to a complaint or to a cross-complaint is overruled and there is no answer filed, the court shall allow an answer to be filed upon such terms as may be just. If a demurrer to the answer is overruled, the action shall proceed as if no demurrer had been interposed, and the facts alleged in the answer shall be considered as denied to the extent mentioned in Section 431.20.\n(c) Subject to the limitations imposed by subdivision (e) of Section 430.41, if a demurrer is sustained, the court may grant leave to amend the pleading upon any terms as may be just and shall fix the time within which the amendment or amended pleading shall be filed. If a demurrer is stricken pursuant to Section 436 and there is no answer filed, the court shall allow an answer to be filed on terms that are just.\n(d) If a motion to strike is granted pursuant to Section 436, the court may order that an amendment or amended pleading be filed upon terms it deems proper. If a motion to strike a complaint or cross-complaint, or portion thereof, is denied, the court shall allow the party filing the motion to strike to file an answer.\n(e) If a motion to dismiss an action pursuant to Article 2 (commencing with Section 583.210) of Chapter 1.5 of Title 8 is denied, the court shall allow a pleading to be filed.\n(f) This section shall become operative on January 1, 2021.\nSEC. 6.\nNo reimbursement is required by this act pursuant to Section 6 of Article XIII\u2009B 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\u2009B of the California Constitution.","title":""}
{"_id":"c484","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nThis act shall be known and may be cited as the California Israel Commerce Protection Act.\nSEC. 2.\nThe Legislature finds and declares as follows:\n(a) The United States and Israel have a unique bond based on their shared, enduring values, which are reflected in the virtues and principles of freedom and democracy, and have stood together as allies since Israel was first formed as a nation.\n(b) For years, California and Israel have established business partnerships and trade relations with each other, and those partnerships have helped enhance the agricultural, educational, energy, entertainment, health, medical, scientific, and water policies in California, Israel, and the United States.\n(c) On March 5, 2014, as the culmination of an effort started as Assembly Bill 1032 of the 2009\u201310 Regular Session, the Governor of California and the Prime Minister of Israel signed a memorandum of understanding (MOU) for strategic partnerships for joint innovation, exchanges, and cooperation between California and Israel.\n(d) In July 2015, the Legislature affirmed its support for the MOU by passing Senate Concurrent Resolution 25, noting that participants in the MOU had already expanded cooperation between Israel and California in areas such as alternative energy, agriculture, business innovation, and academia, and declaring that collaboration with Israel will foster peace and democracy in the Middle East.\n(e) Public retirement systems in this state currently invest on behalf of the citizens of California in publicly traded foreign companies that may be at risk due to ties with businesses that are publicly boycotting Israel.\n(f) Investments in publicly traded foreign companies that have business operations with a company that boycotts Israel risk the pensions of the dedicated public employees of this state.\n(g) Excluding and divesting from companies that boycott Israel and from portfolios that include those companies will help protect the public retirement systems in this state from investment losses related to these business activities and may improve the investment performance of the public retirement systems.\n(h) Israel is recognized around the world as the strongest democratically elected government in the Middle East and is an American ally, and that nation\u2019s democracy and relationship with the United States add to the security and strength of California.\n(i) It is unconscionable for this state to invest in companies that boycott Israel, as California has long standing social, political, and economic partnerships with the State of Israel.\nSEC. 3.\nSection 16649.80 of the Government Code is amended to read:\n16649.80.\nThe definitions in this section shall govern the construction and interpretation of this chapter.\n(a) \u201cInvestment\u201d or \u201cinvest\u201d means the commitment of funds or other assets to a business firm, including a loan or other extension of credit made to that firm, or security given for the other assets to that business enterprise, or the beneficial ownership or control of a share or interest in that business firm, or of a bond or other debt instrument issued by that business firm.\n(b) \u201cBusiness firm\u201d means any foreign or domestic organization, association, corporation, partnership, venture, or other entity, its subsidiary, or affiliate which exists for profitmaking purposes or to otherwise secure economic advantage, other than a financial institution.\n(c) \u201cFinancial institution\u201d means any foreign or domestic bank, bank holding company, savings and loan association, or credit union, or any foreign or domestic insurance company, brokerage firm, securities firm, investment company, mortgage banking company, finance company, personal property broker, mortgage loan broker, or consumer credit company, or any affiliate or subsidiary thereof.\n(d) \u201cBusiness arrangements\u201d means projects, ventures, undertakings, contractual relations, or other efforts requiring ongoing or periodic performance by either or both parties.\n(e) \u201cDiscriminatory business practices\u201d means business arrangements that are prohibited by Sections 16721 and 16721.5 of the Business and Professions Code.\n(f) \u201cState trust moneys\u201d means funds administered by the Public Employees\u2019 Retirement Fund, the Legislators\u2019 Retirement Fund, the State Teachers\u2019 Retirement Fund, the Judges\u2019 Retirement Fund, the Judges\u2019 Retirement System II Fund, the Volunteer Firefighter Fund, the General Fund portion of the University of California Retirement Fund, and any funds invested pursuant to this part.\n(g) \u201cState trust fund\u201d means the Public Employees\u2019 Retirement Fund, the Legislators\u2019 Retirement Fund, the State Teachers\u2019 Retirement Fund, the Judges\u2019 Retirement Fund, the Judges\u2019 Retirement System II Fund, the Volunteer Firefighter Fund, and any investment fund created by this part.\n(h) \u201cState moneys\u201d means all money, bonds, and securities in possession of or collected by any state agency.\n(i) \u201cCompliance with the Arab League\u2019s economic boycott of Israel\u201d means taking any action, with respect to the boycott of Israel by Arab countries, which is prohibited by the United States Export Administration Act of 1979.\n(j) \u201cCompliance with the boycott of Israel\u201d means taking any action in compliance with an action by a foreign government, international organization, or affiliated agency of an international organization, that is politically motivated and intended to penalize or otherwise limit commercial relations specifically with Israel or persons doing business in Israel or in Israeli-controlled territories.\nSEC. 4.\nSection 16649.81 of the Government Code is amended to read:\n16649.81.\n(a)\nOn or after January 1, 1994, state trust moneys shall not be used to make additional or new investments or to renew existing investments in business firms that engage in discriminatory business practices in furtherance of or in compliance with the Arab League\u2019s economic boycott of Israel.\n(b) On or after January 1, 2017, state trust moneys shall not be used to make additional or new investments or to renew existing investments in business firms that engage in discriminatory business practices in furtherance of or in compliance with the boycott of Israel.\nSEC. 5.\nSection 16649.82 of the Government Code is amended to read:\n16649.82.\n(a) Subdivision (a) of\nSection 16649.81 shall not apply to any business firm\nwhich,\nthat,\nby resolution of its governing body, adopts a policy not to renew existing, expand existing, or engage in new, discriminatory business practices in furtherance of or in compliance with the Arab League\u2019s economic boycott of Israel. The resolution required by this section shall include the following statement: \u201c____ (name of business firm) agrees not to renew existing, expand existing, or engage in new, discriminatory business practices in furtherance of or in compliance with the Arab League\u2019s economic boycott of Israel.\u201d\n(b) Subdivision (b) of Section 16649.81 shall not apply to any business firm that, by resolution of its governing body, adopts a policy not to renew existing, expand existing, or engage in new, discriminatory business practices in furtherance of or in compliance with the boycott of Israel. The resolution required by this section shall include the following statement: \u201c____ (name of business firm) agrees not to renew existing, expand existing, or engage in new, discriminatory business practices in furtherance of or in compliance with the boycott of Israel.\u201d\nSEC. 6.\nSection 16649.83 of the Government Code is amended to read:\n16649.83.\n(a)\nOn or after January 1, 1994, state trust moneys shall not be used to make additional or new investments or to renew existing investments in financial institutions that engage in discriminatory business practices in furtherance of or in compliance with the Arab League\u2019s economic boycott of Israel.\n(b) On or after January 1, 2017, state trust moneys shall not be used to make additional or new investments or to renew existing investments in financial institutions that engage in discriminatory business practices in furtherance of or in compliance with the boycott of Israel.\nSEC. 7.\nSection 16649.84 of the Government Code is amended to read:\n16649.84.\n(a) Subdivision (a) of\nSection 16649.83 shall not apply to any financial institution\nwhich,\nthat,\nby resolution of its governing body, adopts a policy not to renew existing, expand existing, or engage in new, discriminatory business practices in furtherance of or in compliance with the Arab League\u2019s economic boycott of Israel. The resolution required by this section shall include the following statement: \u201c____ (name of financial institution) agrees not to renew existing, expand existing, or engage in new, discriminatory business practices in furtherance of or in compliance with the Arab League\u2019s economic boycott of Israel.\u201d\n(b) Subdivision (b) of Section 16649.83 shall not apply to any financial institution that, by resolution of its governing body, adopts a policy not to renew existing, expand existing, or engage in new, discriminatory business practices in furtherance of or in compliance with the boycott of Israel. The resolution required by this section shall include the following statement: \u201c____ (name of financial institution) agrees not to renew existing, expand existing, or engage in new, discriminatory business practices in furtherance of or in compliance with the boycott of Israel.\u201d\nSEC. 8.\nSection 16649.85 is added to the Government Code, to read:\n16649.85.\nBeginning January 1, 2017, and annually thereafter, state trust funds shall use the most recent federal report on politically motivated acts of boycott, divestment from, and sanctions against Israel to determine which business firms and financial institutions engage in discriminatory business practices in furtherance of or in compliance with the boycott of Israel.\nSEC. 9.\nSection 16649.86 of the Government Code is amended to read:\n16649.86.\n(a) A copy of a resolution, as described in Sections 16649.82 and 16649.84, shall be submitted to the Treasurer and to the chief administrative officer of each state trust fund. Information shall also be submitted by business firms that provides a description of the discriminatory business practices in furtherance of or in compliance with the Arab League\u2019s economic boycott of Israel\nor in compliance with the boycott of Israel\nin existence as of the date of the resolution.\n(b) The copy of a resolution shall be accompanied by a certification, under penalty of perjury, that the adopted policy is being complied with. Annually thereafter a certification, under penalty of perjury, that the adopted policy is being complied with shall be submitted to the Treasurer.\n(c) The resolution and the information submitted to the Treasurer shall be deemed public documents and shall be open to public inspection.\nSEC. 10.\nSection 16649.88 of the Government Code is amended to read:\n16649.88.\n(a)\nEffective January 1, 1998, state trust funds shall not make or hold any investment in any business firm or financial institution that engages in discriminatory business practices in furtherance of or in compliance with the Arab League\u2019s economic boycott of Israel.\n(b) Effective January 1, 2017, state trust funds shall not make or hold any investment in any business firm or financial institution that engages in discriminatory business practices in furtherance of or in compliance with the boycott of Israel.\nSEC. 11.\nSection 16649.89 of the Government Code is amended to read:\n16649.89.\n(a\n)\nState moneys shall not be deposited with financial institutions that, following January 1, 1994, engage in discriminatory business practices in furtherance of or in compliance with the Arab League\u2019s economic boycott of Israel.\n(b) State moneys shall not be deposited with financial institutions that, following January 1, 2017, engage in discriminatory business practices in furtherance of or in compliance with the boycott of Israel.","title":""}
{"_id":"c385","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 75212 of the Public Resources Code is amended to read:\n75212.\nProjects eligible for funding pursuant to the program include any of the following:\n(a) Intermodal, affordable housing projects that support infill and compact development.\n(b) Transit capital projects and programs supporting transit ridership, including water-borne transit.\n(c) Active transportation capital projects that qualify under the Active Transportation Program, including pedestrian and bicycle facilities and supportive infrastructure, including connectivity to transit stations.\n(d) Noninfrastructure-related active transportation projects that qualify under the Active Transportation Program, including activities that encourage active transportation goals conducted in conjunction with infrastructure improvement projects.\n(e) Transit-oriented development projects, including affordable housing and infrastructure at or near transit stations or connecting those developments to transit stations.\n(f) Capital projects that implement local complete streets programs.\n(g) Other projects or programs designed to reduce greenhouse gas emissions and other criteria air pollutants by reducing automobile trips and vehicle miles traveled within a community.\n(h) Acquisition of easements or other approaches or tools that protect agricultural lands that are under pressure of being converted to nonagricultural uses, particularly those adjacent to areas most at risk of urban or suburban sprawl or those of special environmental significance.\n(i) Planning to support implementation of a sustainable communities strategy, including implementation of local plans supporting greenhouse gas emissions reduction efforts and promoting infill and compact development.\nSEC. 2.\nSection 75230 of the Public Resources Code is amended to read:\n75230.\n(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.\n(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.\n(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 the amount of funding requested that is currently available.\n(d) Moneys for the program shall be expended to provide transit operating or capital assistance that meets all of the following criteria:\n(1) 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.\n(2) The recipient transit agency demonstrates that each expenditure directly enhances or expands transit service to increase mode share.\n(3) The recipient transit agency demonstrates that each expenditure reduces greenhouse gas emissions.\n(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 pursuant to this chapter shall be expended on projects or services that meet requirements of subdivision (d) and benefit the disadvantaged communities, consistent with the guidance developed by the State Air Resources Board pursuant to Section 39715 of the Health and Safety Code.\n(f) The Department of Transportation, in coordination with the State Air Resources Board, shall develop guidelines that describe the methodologies that recipient transit agencies shall use to demonstrate that proposed expenditures will meet the criteria in subdivisions (d) and (e) and establish the reporting requirements for documenting ongoing compliance with those criteria.\n(g) Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to the development of guidelines for the program pursuant to this section.\n(h) A transit agency shall submit the following information to the Department of Transportation before seeking a disbursement of funds pursuant to this part:\n(1) A list of proposed expense types for anticipated funding levels.\n(2) The documentation required by the guidelines developed pursuant to subdivision (f) to demonstrate compliance with subdivisions (d) and (e).\n(i) Before authorizing the disbursement of funds, the department, in coordination with the State Air Resources Board, shall determine the eligibility, in whole or in part, of the proposed list of expense types, based on the documentation provided by the recipient transit agency to ensure ongoing compliance with the guidelines developed pursuant to subdivision (f).\n(j) The department 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.\n(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 use of fund proceeds developed by the State Air Resources Board.\n(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 described in Section 39711 of the Health and Safety Code.","title":""}
{"_id":"c215","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 20751 of the Food and Agricultural Code is amended to read:\n20751.\nThe fee for each application for recording a brand is seventy dollars ($70).\nSEC. 2.\nSection 20754 of the Food and Agricultural Code is amended to read:\n20754.\nExcept as otherwise provided in Section 20755, the owner of a brand shall, on or before April 30 after its recordation, pay to the bureau a biennial period renewal fee of seventy dollars ($70) for the right to continue to use the brand.\nSEC. 3.\nSection 20755 of the Food and Agricultural Code is amended to read:\n20755.\nThe owner of a recorded brand may, on or before April 30 of any year, pay in advance to the bureau a sum that is a multiple of seventy dollars ($70). The payment entitles him or her to use the brand for a minimum of two years, but not to exceed 10 years, at the rate of thirty-five dollars ($35) per year on and after April 1 of that year. If the advance payment is made, biennial renewals for the years within the period for which advance payment has been made are not required.\nSEC. 4.\nSection 20756 of the Food and Agricultural Code is amended to read:\n20756.\nIf the right to use a brand is suspended for failure to pay the renewal fee, it may be reinstated within one year from the date of suspension upon the payment of the biennial renewal fee of seventy dollars ($70) plus a twenty-five dollar ($25) penalty fee.\nSEC. 5.\nSection 20757 of the Food and Agricultural Code is amended to read:\n20757.\n(a) Except as provided in subdivision (b), the fee for rerecording a forfeited or canceled brand shall be one hundred forty dollars ($140). This amount shall accompany the application to rerecord.\n(b) When a penalty has been paid pursuant to Section 20222, within 30 days of the date the application to rerecord is received by the secretary, the fee to rerecord shall be seventy dollars ($70).\nSEC. 6.\nSection 20758 of the Food and Agricultural Code is amended to read:\n20758.\nThe fee for recording the transfer of a brand, including a new certificate, is seventy dollars ($70).\nSEC. 7.\nSection 21060.4 is added to the Food and Agricultural Code, to read:\n21060.4.\n(a) Inspection is not required in cases where cattle are sold or ownership is transferred under all of the following circumstances:\n(1) The individual or entity with a controlling interest in the cattle remains unchanged.\n(2) The cattle will not be moved out of state or out of a modified point-of-origin inspection area.\n(3) The cattle are associated with either a registered brand or dairy exemption number.\n(b) All persons who have ownership in the cattle, including both the transferor and the transferee, shall, within 30 days of ownership transfer, self-certify, under penalty of perjury, to the department as to their ownership in the cattle on a form prescribed by the department.\n(c) The department may charge a fee to cover the reasonable costs of processing the form identified in subdivision (b), but the fee shall not exceed fifty dollars ($50) or the department\u2019s actual costs of conducting these activities.\n(d) An owner of cattle that is otherwise exempt from inspection pursuant to this section may elect to have that cattle inspected pursuant to Section 21051.\n(e) A violation of this section shall be subject to the penalties described in Section 21051.3.\nSEC. 8.\nSection 21283 of the Food and Agricultural Code is amended to read:\n21283.\n(a) Unless otherwise provided in this article, inspection fees shall be paid at the point of inspection.\n(b) The fee for inspection is one dollar and twenty-five cents ($1.25) for each animal that is inspected, except as follows:\n(1) The fee for inspection at a registered feedlot, as defined in Section 20015, is sixty-four cents ($0.64) for each animal that is inspected.\n(2) The fee for inspecting an animal that originated in another state and was shipped into this state for feeding direct to a registered feedlot is forty-three cents ($0.43) for each animal that is inspected.\n(3) The fee for inspecting an animal that was inspected at a posted stockyard, or posted saleyard, in this state, and shipped direct to a registered feedlot, is forty-three cents ($0.43) for each animal that is inspected.\nSEC. 9.\nSection 21283.5 of the Food and Agricultural Code is amended to read:\n21283.5.\nExcept as otherwise provided in this article, on all private treaty transaction inspections, as defined in Section 20026, regardless of destination, the fee of one dollar and twenty-five cents ($1.25) shall be paid at the point of inspection for each animal that is inspected.\nSEC. 10.\nSection 21285 of the Food and Agricultural Code is amended to read:\n21285.\nThe fee is one dollar and twenty-five cents ($1.25) for the inspection before sale of each animal at a public saleyard that is posted by the Secretary of Agriculture of the United States or at a public saleyard if the animal originated in another state and it was shipped to this state, consigned to that public stockyard or public saleyard.\nSEC. 11.\nSection 21288 of the Food and Agricultural Code is amended to read:\n21288.\nIn a modified point-of-origin inspection area, as provided in Section 21111, the fee for the inspection of cattle, other than suckling calves that are accompanying their mothers, is one dollar and twenty-five cents ($1.25) per head if the cattle are transported out of the area for purposes other than sale or slaughter and no change of ownership is involved.\nSEC. 12.\nSection 21288.5 of the Food and Agricultural Code is amended to read:\n21288.5.\nFor cattle, other than suckling calves accompanying their mothers, transported out of the state for purposes other than sale or slaughter and where no change of ownership is involved, the inspection fee is one dollar and twenty-five cents ($1.25) per head.\nSEC. 13.\nSection 21563 of the Food and Agricultural Code is amended to read:\n21563.\nExcept as otherwise provided in this article, the fee shall be paid at the point of inspection and is one dollar and seventy cents ($1.70) for each carcass or hide that is inspected.\nSEC. 14.\nSection 21563.5 of the Food and Agricultural Code is amended to read:\n21563.5.\nThe fee for the inspection of each carcass or hide shall be one dollar and seventy cents ($1.70) for each carcass and hide originating in those counties or geographical areas where a point-of-origin inspection is maintained pursuant to Article 4 (commencing with Section 21141) of Chapter 6.\nSEC. 15.\nNo reimbursement is required by this act pursuant to Section 6 of Article XIII\u2009B 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\u2009B of the California Constitution.","title":""}
{"_id":"c261","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 281 of the Public Utilities Code is amended to read:\n281.\n(a) The commission shall develop, implement, and administer the California Advanced Services Fund program to encourage deployment of high-quality advanced communications services to all Californians that will promote economic growth, job creation, and the substantial social benefits of advanced information and communications technologies, consistent with this section.\n(b) (1) The goal of the program is, no later than December 31, 2015, to approve funding for infrastructure projects that will provide broadband access to no less than 98 percent of California households.\n(2) In approving infrastructure projects, the commission shall give priority to projects that provide last-mile broadband access to households that are unserved by an existing facilities-based broadband provider. The commission shall provide each applicant, and any party challenging an application, the opportunity to demonstrate actual levels of broadband service in the project area, which the commission shall consider in reviewing the application.\n(c) The commission shall establish the following accounts within the fund:\n(1) The Broadband Infrastructure Grant Account.\n(2) The Rural and Urban Regional Broadband Consortia Grant Account.\n(3) The Broadband Infrastructure Revolving Loan Account.\n(4) The Broadband Public Housing Account.\n(d) (1) All moneys collected by the surcharge authorized by the commission pursuant to Decision 07-12-054 shall be transmitted to the commission pursuant to a schedule established by the commission. The commission shall transfer the moneys received to the Controller for deposit in the California Advanced Services Fund. Moneys collected on and after January 1, 2011, shall be deposited in the following amounts in the following accounts:\n(A) One hundred ninety million dollars ($190,000,000) into the Broadband Infrastructure Grant Account.\n(B) Fifteen million dollars ($15,000,000) into the Rural and Urban Regional Broadband Consortia Grant Account.\n(C) Ten million dollars ($10,000,000) into the Broadband Infrastructure Revolving Loan Account.\n(2) All interest earned on moneys in the fund shall be deposited in the fund.\n(3) The commission shall not collect moneys, by imposing the surcharge described in paragraph (1) for deposit in the fund, in an amount that exceeds one hundred million dollars ($100,000,000) before January 1, 2011. On and after January 1, 2011, the commission may collect an additional sum not to exceed two hundred fifteen million dollars ($215,000,000), for a sum total of moneys collected by imposing the surcharge described in paragraph (1) not to exceed three hundred fifteen million dollars ($315,000,000). The commission may collect the additional sum beginning with the calendar year starting on January 1, 2011, and continuing through the 2020 calendar year, in an amount not to exceed twenty-five million dollars ($25,000,000) per year, unless the commission determines that collecting a higher amount in any year will not result in an increase in the total amount of all surcharges collected from telephone customers that year.\n(e) (1) All moneys in the California Advanced Services Fund shall be available, upon appropriation by the Legislature, to the commission for the program administered by the commission pursuant to this section, including the costs incurred by the commission in developing, implementing, and administering the program and the fund.\n(2) Notwithstanding any other law and for the sole purpose of providing matching funds pursuant to the federal American Recovery and Reinvestment Act of 2009 (Public Law 111-5), any entity eligible for funding pursuant to that act shall be eligible to apply to participate in the program administered by the commission pursuant to this section, if that entity otherwise satisfies the eligibility requirements under that program. Nothing in this section shall impede the ability of an incumbent local exchange carrier, as defined by subsection (h) of Section 251 of Title 47 of the United States Code, that is regulated under a rate of return regulatory structure, to recover, in rate base, California infrastructure investment not provided through federal or state grant funds for facilities that provide broadband service and California intrastate voice service.\n(3) Notwithstanding subdivision (b) of Section 270, an entity that is not a telephone corporation shall be eligible to apply to participate in the program administered by the commission pursuant to this section to provide access to broadband to an unserved or underserved household, as defined in commission Decision 12-02-015, if the entity otherwise meets the eligibility requirements and complies with program requirements established by the commission. These requirements shall include all of the following:\n(A) That projects under this paragraph provide last-mile broadband access to households that are unserved by an existing facilities-based broadband provider and only receive funding to provide broadband access to households that are unserved or underserved, as defined in commission Decision 12-02-015.\n(B) That funding for a project providing broadband access to an underserved household shall not be approved until after any existing facilities-based provider has an opportunity to demonstrate to the commission that it will, within a reasonable timeframe, upgrade existing service. An existing facilities-based provider may, but is not required to, apply for funding under this section to make that upgrade.\n(C) That the commission shall provide each applicant, and any party challenging an application, the opportunity to demonstrate actual levels of broadband service in the project area, which the commission shall consider in reviewing the application.\n(D) That a local governmental agency may be eligible for an infrastructure grant only if the infrastructure project is for an unserved household or business, the commission has conducted an open application process, and no other eligible entity applied.\n(E) That the commission shall establish a service list of interested parties to be notified of California Advanced Services Fund applications.\n(f) Moneys in the Rural and Urban Regional Broadband Consortia Grant Account shall be available for grants to eligible consortia to fund the cost of broadband deployment activities other than the capital cost of facilities, as specified by the commission. An eligible consortium may include, as specified by the commission, representatives of organizations, including, but not limited to, local and regional government, public safety, elementary and secondary education, health care, libraries, postsecondary education, community-based organizations, tourism, parks and recreation, agricultural, business, workforce organizations, and air pollution control or air quality management districts, and is not required to have as its lead fiscal agent an entity with a certificate of public convenience and necessity.\n(g) Moneys in the Broadband Infrastructure Revolving Loan Account shall be available to finance capital costs of broadband facilities not funded by a grant from the Broadband Infrastructure Grant Account. The commission shall periodically set interest rates on the loans based on surveys of existing financial markets.\n(h) (1) For purposes of this subdivision, the following terms have the following meanings:\n(A) \u201cPublicly subsidized\u201d means either that the housing development receives financial assistance from the United States Department of Housing and Urban Development pursuant to an annual contribution contract or is financed with low-income housing tax credits, tax-exempt mortgage revenue bonds, general obligation bonds, or local, state, or federal loans or grants and the rents of the occupants, who are lower income households, do not exceed those prescribed by deed restrictions or regulatory agreements pursuant to the terms of the financing or financial assistance.\n(B) \u201cPublicly supported community\u201d means a publicly subsidized multifamily housing development that is wholly owned by either of the following:\n(i) A public housing agency that has been chartered by the state, or by any city or county in the state, and has been determined to be an eligible public housing agency by the United States Department of Housing and Urban Development.\n(ii) An incorporated nonprofit organization as described in Section 501(c)(3) of the Internal Revenue Code (26 U.S.C. Sec. 501(c)(3)) that is exempt from taxation under Section 501(a) of that code (26 U.S.C. Sec. 501(a)), and that has received public funding to subsidize the construction or maintenance of housing occupied by residents whose annual income qualifies as \u201clow\u201d or \u201cvery low\u201d income according to federal poverty guidelines.\n(2) Notwithstanding subdivision (b) of Section 270, moneys in the Broadband Public Housing Account shall be available for the commission to award grants and loans pursuant to this subdivision to an eligible publicly supported community if that entity otherwise meets eligibility requirements and complies with program requirements established by the commission.\n(3) (A) Not more than twenty million dollars ($20,000,000) shall be available for grants and loans to a publicly supported community to finance a project to connect a broadband network to that publicly supported community. A publicly supported community may be an eligible applicant only if the publicly supported community can verify to the commission that the publicly supported community has not denied a right of access to any broadband provider that is willing to connect a broadband network to the facility for which the grant or loan is sought and the publically supported community is unserved.\n(B) (i) In its review of applications received pursuant to subparagraph (A), the commission shall award grants only to unserved housing developments.\n(ii) For purposes of this subparagraph, a housing development is unserved when at least one housing unit within the housing development is not offered broadband Internet service.\n(4) (A) Not more than five million dollars ($5,000,000) shall be available for grants and loans to a publicly supported community to support programs designed to increase adoption rates for broadband services for residents of that publicly supported community. A publicly supported community may be eligible for funding for a broadband adoption program only if the residential units in the facility to be served have access to broadband services or will have access to broadband services at the time the funding for adoption is implemented.\n(B) A publicly supported community may contract with other nonprofit or public agencies to assist in implementation of a broadband adoption program.\n(5) To the extent feasible, the commission shall approve projects for funding from the Broadband Public Housing Account in a manner that reflects the statewide distribution of publicly supported communities.\n(6) In reviewing a project application under this subdivision, the commission shall consider the availability of other funding sources for that project, any financial contribution from the broadband service provider to the project, the availability of any other public or private broadband adoption or deployment program, including tax credits and other incentives, and whether the applicant has sought funding from, or participated in, any reasonably available program. The commission may require an applicant to provide match funding, and shall not deny funding for a project solely because the applicant is receiving funding from another source.\n(7) (A) To provide funding for the purposes of this subdivision, the commission shall transfer to the Broadband Public Housing Account twenty million dollars ($20,000,000) from the Broadband Infrastructure Grant Account and five million dollars ($5,000,000) from the Broadband Infrastructure Revolving Loan Account. Any moneys in the Broadband Public Housing Account that have not been awarded pursuant to this subdivision by December 31, 2020, shall be transferred back to the Broadband Infrastructure Grant Account and Broadband Infrastructure Revolving Loan Account in proportion to the amount transferred from the respective accounts.\n(B) The commission shall transfer funds pursuant to subparagraph (A) only if the commission is otherwise authorized to collect funds for purposes of this section in excess of the total amount authorized pursuant to paragraph (3) of subdivision (d).\nSEC. 2.\nSection 914.7 of the Public Utilities Code is amended to read:\n914.7.\n(a) By April 1 of each year, the commission shall provide a report to the Legislature that includes all of the following information:\n(1) The amount of funds expended from the California Advanced Services Fund in the prior year.\n(2) The recipients of funds expended from the California Advanced Services Fund in the prior year.\n(3) The geographic regions of the state affected by funds expended from the California Advanced Services Fund in the prior year, including information by county.\n(4) The expected benefits to be derived from the funds expended from the California Advanced Services Fund in the prior year.\n(5) Details on the status of each project funded through the California Advanced Services Fund, whether the project has been completed, and, if applicable, the expected completion date of the project.\n(6) Actual broadband adoption levels from the funds expended from the California Advanced Services Fund in the prior year.\n(7) The amount of funds expended from the California Advanced Services Fund used to match federal funds.\n(8) Additional details on efforts to leverage non-California Advanced Services Fund funds.\n(9) An update on the expenditures from the California Advanced Services Fund and broadband adoption levels, and an accounting of remaining unserved and underserved households and areas of the state.\n(10) The status of the California Advanced Services Fund balance and the projected amount to be collected in each year through 2020 to fund approved projects.\n(b) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2022.","title":""}
{"_id":"c391","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 7873 of the Labor Code is amended to read:\n7873.\n(a) As used in this section, \u201ctrade secret\u201d means a trade secret as defined in subdivision (d) of Section 6254.7 of the Government Code or Section 1061 of the Evidence Code, and shall include the schedule submitted to the division pursuant to subdivision (b) of Section 7872 of this code, and the scheduling, duration, layout, configuration, and type of work to be performed during a turnaround. Upon completion of a turnaround, the scheduling and duration of that turnaround shall no longer be considered a trade secret. The wages, hours, benefits, job classifications, and training standards for employees performing work for petroleum refinery employers is not a trade secret.\n(b) (1) If a petroleum refinery employer believes that information submitted to the division pursuant to Section 7872 may involve the release of a trade secret, the petroleum refinery employer shall nevertheless provide this information to the division. The petroleum refinery employer may, at the time of submission, identify all or a portion of the information submitted to the division as trade secret and, to the extent feasible, segregate records designated as trade secret from the other records.\n(2) Subject to subdivisions (c), (d), and (g), the division shall not release to the public any information designated as a trade secret by the petroleum refinery employer pursuant to paragraph (1).\n(c) (1) Upon the receipt of a request for the release of information to the public that includes information that the petroleum refinery employer has notified the division is a trade secret pursuant to paragraph (1) of subdivision (b), the division shall notify the petroleum refinery employer in writing of the request by certified mail, return receipt requested.\n(2) The division shall release the requested information to the public, unless both of the following occur:\n(A) Within 30 days of receipt of the notice of the request for information, the petroleum refinery employer files an action in an appropriate court for a declaratory judgment that the information is subject to protection as a trade secret, as defined in subdivision (a), and promptly notifies the division of that action.\n(B) Within 120 days of receipt of the notice of the request for information, the petroleum refinery employer obtains an order prohibiting disclosure of the information to the public and promptly notifies the division of that action.\n(3) This subdivision shall not be construed to allow a petroleum refinery employer to refuse to disclose the information required pursuant to this section to the division.\n(d) Except as provided in subdivision (c), any information that has been designated as a trade secret by a petroleum refinery employer shall not be released to any member of the public, except that such information may be disclosed to other officers or employees of the division when relevant in any proceeding of the division.\n(e) (1) The petroleum refinery employer filing an action pursuant to paragraph (2) of subdivision (c) shall provide notice of the action to the person requesting the release of the information at the same time that the defendant in the action is served.\n(2) A person who has requested the release of information that includes information that the petroleum refinery employer has notified the division is a trade secret pursuant to paragraph (1) of subdivision (b) may intervene in an action by the petroleum refinery employer filed pursuant to paragraph (2) of subdivision (c). The court shall permit that person to intervene.\n(f) The public agency shall not bear the court costs for any party named in litigation filed pursuant to this section.\n(g) This section shall not be construed to prohibit the exchange of trade secrets between local, state, or federal public agencies or state officials when those trade secrets are relevant and reasonably necessary to the exercise of their authority.\n(h) If the person requesting the release of information identified by a petroleum refinery employer as a trade secret files an action against the division to order disclosure of that information, the division shall promptly notify the petroleum refinery employer in writing of the action by certified mail, return receipt requested. The petroleum refinery employer may intervene in an action filed by the person requesting the release of trade secrets identified by the petroleum refinery employer. The court shall permit the petroleum refinery employer to intervene.\n(i) An officer or employee of the division who, by virtue of that employment or official position, has possession of, or has access to, trade secret information, and who, knowing that disclosure of the information to the general public is prohibited by this section, knowingly and willfully discloses the information in any manner to a person he or she knows is not entitled to receive it, is guilty of a misdemeanor. A contractor with the division and an employee of the contractor, who has been furnished information as authorized by this section, shall be considered an employee of the division for purposes of this section.","title":""}
{"_id":"c149","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 14132.100 of the Welfare and Institutions Code is amended to read:\n14132.100.\n(a) The federally qualified health center services described in Section 1396d(a)(2)(C) of Title 42 of the United States Code are covered benefits.\n(b) The rural health clinic services described in Section 1396d(a)(2)(B) of Title 42 of the United States Code are covered benefits.\n(c) Federally qualified health center services and rural health clinic services shall be reimbursed on a per-visit basis in accordance with the definition of \u201cvisit\u201d set forth in subdivision (g).\n(d) Effective October 1, 2004, and on each October 1, thereafter, until no longer required by federal law, federally qualified health center (FQHC) and rural health clinic (RHC) per-visit rates shall be increased by the Medicare Economic Index applicable to primary care services in the manner provided for in Section 1396a(bb)(3)(A) of Title 42 of the United States Code. Prior to January 1, 2004, FQHC and RHC per-visit rates shall be adjusted by the Medicare Economic Index in accordance with the methodology set forth in the state plan in effect on October 1, 2001.\n(e) (1) An FQHC or RHC may apply for an adjustment to its per-visit rate based on a change in the scope of services provided by the FQHC or RHC. Rate changes based on a change in the scope of services provided by an FQHC or RHC shall be evaluated in accordance with Medicare reasonable cost principles, as set forth in Part 413 (commencing with Section 413.1) of Title 42 of the Code of Federal Regulations, or its successor.\n(2) Subject to the conditions set forth in subparagraphs (A) to (D), inclusive, of paragraph (3), a change in scope of service means any of the following:\n(A) The addition of a new FQHC or RHC service that is not incorporated in the baseline prospective payment system (PPS) rate, or a deletion of an FQHC or RHC service that is incorporated in the baseline PPS rate.\n(B) A change in service due to amended regulatory requirements or rules.\n(C) A change in service resulting from relocating or remodeling an FQHC or RHC.\n(D) A change in types of services due to a change in applicable technology and medical practice utilized by the center or clinic.\n(E) An increase in service intensity attributable to changes in the types of patients served, including, but not limited to, populations with HIV or AIDS, or other chronic diseases, or homeless, elderly, migrant, or other special populations.\n(F) Any changes in any of the services described in subdivision (a) or (b), or in the provider mix of an FQHC or RHC or one of its sites.\n(G) Changes in operating costs attributable to capital expenditures associated with a modification of the scope of any of the services described in subdivision (a) or (b), including new or expanded service facilities, regulatory compliance, or changes in technology or medical practices at the center or clinic.\n(H) Indirect medical education adjustments and a direct graduate medical education payment that reflects the costs of providing teaching services to interns and residents.\n(I) Any changes in the scope of a project approved by the federal Health Resources and\nService\nServices\nAdministration (HRSA).\n(3) No change in costs shall, in and of itself, be considered a scope-of-service change unless all of the following apply:\n(A) The increase or decrease in cost is attributable to an increase or decrease in the scope of services defined in subdivisions (a) and (b), as applicable.\n(B) The cost is allowable under Medicare reasonable cost principles set forth in Part 413 (commencing with Section 413) of Subchapter B of Chapter 4 of Title 42 of the Code of Federal Regulations, or its successor.\n(C) The change in the scope of services is a change in the type, intensity, duration, or amount of services, or any combination thereof.\n(D) The net change in the FQHC\u2019s or RHC\u2019s rate equals or exceeds 1.75 percent for the affected FQHC or RHC site. For FQHCs and RHCs that filed consolidated cost reports for multiple sites to establish the initial prospective payment reimbursement rate, the 1.75-percent threshold shall be applied to the average per-visit rate of all sites for the purposes of calculating the cost associated with a scope-of-service change. \u201cNet change\u201d means the per-visit rate change attributable to the cumulative effect of all increases and decreases for a particular fiscal year.\n(4) An FQHC or RHC may submit requests for scope-of-service changes once per fiscal year, only within 90 days following the beginning of the FQHC\u2019s or RHC\u2019s fiscal year. Any approved increase or decrease in the provider\u2019s rate shall be retroactive to the beginning of the FQHC\u2019s or RHC\u2019s fiscal year in which the request is submitted.\n(5) An FQHC or RHC shall submit a scope-of-service rate change request within 90 days of the beginning of any FQHC or RHC fiscal year occurring after the effective date of this section, if, during the FQHC\u2019s or RHC\u2019s prior fiscal year, the FQHC or RHC experienced a decrease in the scope of services provided that the FQHC or RHC either knew or should have known would have resulted in a significantly lower per-visit rate. If an FQHC or RHC discontinues providing onsite pharmacy or dental services, it shall submit a scope-of-service rate change request within 90 days of the beginning of the following fiscal year. The rate change shall be effective as provided for in paragraph (4). As used in this paragraph, \u201csignificantly lower\u201d means an average per-visit rate decrease in excess of 2.5 percent.\n(6) Notwithstanding paragraph (4), if the approved scope-of-service change or changes were initially implemented on or after the first day of an FQHC\u2019s or RHC\u2019s fiscal year ending in calendar year 2001, but before the adoption and issuance of written instructions for applying for a scope-of-service change, the adjusted reimbursement rate for that scope-of-service change shall be made retroactive to the date the scope-of-service change was initially implemented. Scope-of-service changes under this paragraph shall be required to be submitted within the later of 150 days after the adoption and issuance of the written instructions by the department, or 150 days after the end of the FQHC\u2019s or RHC\u2019s fiscal year ending in 2003.\n(7) All references in this subdivision to \u201cfiscal year\u201d shall be construed to be references to the fiscal year of the individual FQHC or RHC, as the case may be.\n(f) (1) An FQHC or RHC may request a supplemental payment if extraordinary circumstances beyond the control of the FQHC or RHC occur after December 31, 2001, and PPS payments are insufficient due to these extraordinary circumstances. Supplemental payments arising from extraordinary circumstances under this subdivision shall be solely and exclusively within the discretion of the department and shall not be subject to subdivision (l). These supplemental payments shall be determined separately from the scope-of-service adjustments described in subdivision (e). Extraordinary circumstances include, but are not limited to, acts of nature, changes in applicable requirements in the Health and Safety Code, changes in applicable licensure requirements, and changes in applicable rules or regulations. Mere inflation of costs alone, absent extraordinary circumstances, shall not be grounds for supplemental payment. If an FQHC\u2019s or RHC\u2019s PPS rate is sufficient to cover its overall costs, including those associated with the extraordinary circumstances, then a supplemental payment is not warranted.\n(2) The department shall accept requests for supplemental payment at any time throughout the prospective payment rate year.\n(3) Requests for supplemental payments shall be submitted in writing to the department and shall set forth the reasons for the request. Each request shall be accompanied by sufficient documentation to enable the department to act upon the request. Documentation shall include the data necessary to demonstrate that the circumstances for which supplemental payment is requested meet the requirements set forth in this section. Documentation shall include all of the following:\n(A) A presentation of data to demonstrate reasons for the FQHC\u2019s or RHC\u2019s request for a supplemental payment.\n(B) Documentation showing the cost implications. The cost impact shall be material and significant, two hundred thousand dollars ($200,000) or 1 percent of a facility\u2019s total costs, whichever is less.\n(4) A request shall be submitted for each affected year.\n(5) Amounts granted for supplemental payment requests shall be paid as lump-sum amounts for those years and not as revised PPS rates, and shall be repaid by the FQHC or RHC to the extent that it is not expended for the specified purposes.\n(6) The department shall notify the provider of the department\u2019s discretionary decision in writing.\n(g) (1) An FQHC or RHC \u201cvisit\u201d means a face-to-face encounter between an FQHC or RHC patient and a physician, physician assistant, nurse practitioner, certified nurse-midwife, clinical psychologist, licensed clinical social worker,\nmarriage and family therapist,\nor a visiting nurse. For purposes of this section, \u201cphysician\u201d shall be interpreted in a manner consistent with the Centers for Medicare and Medicaid Services\u2019 Medicare Rural Health Clinic and Federally Qualified Health Center Manual (Publication 27), or its successor, only to the extent that it defines the professionals whose services are reimbursable on a per-visit basis and not as to the types of services that these professionals may render during these visits and shall include a physician and surgeon, podiatrist, dentist, optometrist, and chiropractor. A visit shall also include a face-to-face encounter between an FQHC or RHC patient and a comprehensive perinatal services practitioner, as defined in Section 51179.1 of Title 22 of the California Code of Regulations, providing comprehensive perinatal services, a four-hour day of attendance at an adult day health care center, and any other provider identified in the state plan\u2019s definition of an FQHC or RHC visit.\n(2) (A) A visit shall also include a face-to-face encounter between an FQHC or RHC patient and a dental hygienist or a dental hygienist in alternative practice.\n(B) Notwithstanding subdivision (e), an FQHC or RHC that currently includes the cost of the services of a dental hygienist in alternative practice for the purposes of establishing its FQHC or RHC rate shall apply for an adjustment to its per-visit rate, and, after the rate adjustment has been approved by the department, shall bill these services as a separate visit. However, multiple encounters with dental professionals that take place on the same day shall constitute a single visit. The department shall develop the appropriate forms to determine which FQHC\u2019s or RHC rates shall be adjusted and to facilitate the calculation of the adjusted rates. An FQHC\u2019s or RHC\u2019s application for, or the department\u2019s approval of, a rate adjustment pursuant to this subparagraph shall not constitute a change in scope of service within the meaning of subdivision (e). An FQHC or RHC that applies for an adjustment to its rate pursuant to this subparagraph may continue to bill for all other FQHC or RHC visits at its existing per-visit rate, subject to reconciliation, until the rate adjustment for visits between an FQHC or RHC patient and a dental hygienist or a dental hygienist in alternative practice has been approved. Any approved increase or decrease in the provider\u2019s rate shall be made within six months after the date of receipt of the department\u2019s rate adjustment forms pursuant to this subparagraph and shall be retroactive to the beginning of the fiscal year in which the FQHC or RHC submits the request, but in no case shall the effective date be earlier than January 1, 2008.\n(C) An FQHC or RHC that does not provide dental hygienist or dental hygienist in alternative practice services, and later elects to add these services, shall process the addition of these services as a change in scope of service pursuant to subdivision (e).\n(h) If FQHC or RHC services are partially reimbursed by a third-party payer, such as a managed care entity (as defined in Section 1396u-2(a)(1)(B) of Title 42 of the United States Code), the Medicare Program, or the Child Health and Disability Prevention (CHDP) program, the department shall reimburse an FQHC or RHC for the difference between its per-visit PPS rate and receipts from other plans or programs on a contract-by-contract basis and not in the aggregate, and may not include managed care financial incentive payments that are required by federal law to be excluded from the calculation.\n(i) (1) An entity that first qualifies as an FQHC or RHC in the year 2001 or later, a newly licensed facility at a new location added to an existing FQHC or RHC, and any entity that is an existing FQHC or RHC that is relocated to a new site shall each have its reimbursement rate established in accordance with one of the following methods, as selected by the FQHC or RHC:\n(A) The rate may be calculated on a per-visit basis in an amount that is equal to the average of the per-visit rates of three comparable FQHCs or RHCs located in the same or adjacent area with a similar caseload.\n(B) In the absence of three comparable FQHCs or RHCs with a similar caseload, the rate may be calculated on a per-visit basis in an amount that is equal to the average of the per-visit rates of three comparable FQHCs or RHCs located in the same or an adjacent service area, or in a reasonably similar geographic area with respect to relevant social, health care, and economic characteristics.\n(C) At a new entity\u2019s one-time election, the department shall establish a reimbursement rate, calculated on a per-visit basis, that is equal to 100 percent of the projected allowable costs to the FQHC or RHC of furnishing FQHC or RHC services during the first 12 months of operation as an FQHC or RHC. After the first 12-month period, the projected per-visit rate shall be increased by the Medicare Economic Index then in effect. The projected allowable costs for the first 12 months shall be cost settled and the prospective payment reimbursement rate shall be adjusted based on actual and allowable cost per visit.\n(D) The department may adopt any further and additional methods of setting reimbursement rates for newly qualified FQHCs or RHCs as are consistent with Section 1396a(bb)(4) of Title 42 of the United States Code.\n(2) In order for an FQHC or RHC to establish the comparability of its caseload for purposes of subparagraph (A) or (B) of paragraph (1), the department shall require that the FQHC or RHC submit its most recent annual utilization report as submitted to the Office of Statewide Health Planning and Development, unless the FQHC or RHC was not required to file an annual utilization report. FQHCs or RHCs that have experienced changes in their services or caseload subsequent to the filing of the annual utilization report may submit to the department a completed report in the format applicable to the prior calendar year. FQHCs or RHCs that have not previously submitted an annual utilization report shall submit to the department a completed report in the format applicable to the prior calendar year. The FQHC or RHC shall not be required to submit the annual utilization report for the comparable FQHCs or RHCs to the department, but shall be required to identify the comparable FQHCs or RHCs.\n(3) The rate for any newly qualified entity set forth under this subdivision shall be effective retroactively to the later of the date that the entity was first qualified by the applicable federal agency as an FQHC or RHC, the date a new facility at a new location was added to an existing FQHC or RHC, or the date on which an existing FQHC or RHC was relocated to a new site. The FQHC or RHC shall be permitted to continue billing for Medi-Cal covered benefits on a fee-for-service basis until it is informed of its enrollment as an FQHC or RHC, and the department shall reconcile the difference between the fee-for-service payments and the FQHC\u2019s or RHC\u2019s prospective payment rate at that time.\n(j) Visits occurring at an intermittent clinic site, as defined in subdivision (h) of Section 1206 of the Health and Safety Code, of an existing FQHC or RHC, or in a mobile unit as defined by paragraph (2) of subdivision (b) of Section 1765.105 of the Health and Safety Code, shall be billed by and reimbursed at the same rate as the FQHC or RHC establishing the intermittent clinic site or the mobile unit, subject to the right of the FQHC or RHC to request a scope-of-service adjustment to the rate.\n(k) An FQHC or RHC may elect to have pharmacy or dental services reimbursed on a fee-for-service basis, utilizing the current fee schedules established for those services. These costs shall be adjusted out of the FQHC\u2019s or RHC\u2019s clinic base rate as scope-of-service changes. An FQHC or RHC that reverses its election under this subdivision shall revert to its prior rate, subject to an increase to account for all MEI increases occurring during the intervening time period, and subject to any increase or decrease associated with applicable scope-of-services adjustments as provided in subdivision (e).\n(l) FQHCs and RHCs may appeal a grievance or complaint concerning ratesetting, scope-of-service changes, and settlement of cost report audits, in the manner prescribed by Section 14171. The rights and remedies provided under this subdivision are cumulative to the rights and remedies available under all other provisions of law of this state.\n(m) The department shall, by no later than March 30, 2008, promptly seek all necessary federal approvals in order to implement this section, including any amendments to the state plan. To the extent that any element or requirement of this section is not approved, the department shall submit a request to the federal Centers for Medicare and Medicaid Services for any waivers that would be necessary to implement this section.\n(n) The department shall implement this section only to the extent that federal financial participation is obtained.","title":""}
{"_id":"c232","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 2290.5 of the Business and Professions Code is amended to read:\n2290.5.\n(a) For purposes of this division, the following definitions shall apply:\n(1) \u201cAsynchronous store and forward\u201d means the transmission of a patient\u2019s medical information from an originating site to the health care provider at a distant site without the presence of the patient.\n(2) \u201cDistant site\u201d means a site where a health care provider who provides health care services is located while providing these services via a telecommunications system.\n(3) \u201cHealth care provider\u201d means either of the following:\n(A) A person who is licensed under this division.\n(B) A marriage and family therapist intern or trainee functioning pursuant to Section 4980.43.\n(4) \u201cOriginating site\u201d means a site where a patient is located at the time health care services are provided via a telecommunications system or where the asynchronous store and forward service originates.\n(5) \u201cSynchronous interaction\u201d means a real-time interaction between a patient and a health care provider located at a distant site.\n(6) \u201cTelehealth\u201d means the mode of delivering health care services and public health via information and communication technologies to facilitate the diagnosis, consultation, treatment, education, care management, and self-management of a patient\u2019s health care while the patient is at the originating site and the health care provider is at a distant site. Telehealth facilitates patient self-management and caregiver support for patients and includes synchronous interactions and asynchronous store and forward transfers.\n(b) Prior to the delivery of health care via telehealth, the health care provider initiating the use of telehealth shall inform the patient about the use of telehealth and obtain verbal or written consent from the patient for the use of telehealth as an acceptable mode of delivering health care services and public health. The consent shall be documented.\n(c) Nothing in this section shall preclude a patient from receiving in-person health care delivery services during a specified course of health care and treatment after agreeing to receive services via telehealth.\n(d) The failure of a health care provider to comply with this section shall constitute unprofessional conduct. Section 2314 shall not apply to this section.\n(e) This section shall not be construed to alter the scope of practice of any health care provider or authorize the delivery of health care services in a setting, or in a manner, not otherwise authorized by law.\n(f) All laws regarding the confidentiality of health care information and a patient\u2019s rights to his or her medical information shall apply to telehealth interactions.\n(g) This section shall not apply to a patient under the jurisdiction of the Department of Corrections and Rehabilitation or any other correctional facility.\n(h) (1) Notwithstanding any other provision of law and for purposes of this section, the governing body of the hospital whose patients are receiving the telehealth services may grant privileges to, and verify and approve credentials for, providers of telehealth services based on its medical staff recommendations that rely on information provided by the distant-site hospital or telehealth entity, as described in Sections 482.12, 482.22, and 485.616 of Title 42 of the Code of Federal Regulations.\n(2) By enacting this subdivision, it is the intent of the Legislature to authorize a hospital to grant privileges to, and verify and approve credentials for, providers of telehealth services as described in paragraph (1).\n(3) For the purposes of this subdivision, \u201ctelehealth\u201d shall include \u201ctelemedicine\u201d as the term is referenced in Sections 482.12, 482.22, and 485.616 of Title 42 of the Code of Federal Regulations.\nSEC. 2.\nSection 4980.43 of the Business and Professions Code is amended to read:\n4980.43.\n(a) Prior to applying for licensure examinations, each applicant shall complete experience that shall comply with the following:\n(1) A minimum of 3,000 hours completed during a period of at least 104 weeks.\n(2) Not more than 40 hours in any seven consecutive days.\n(3) Not less than 1,700 hours of supervised experience completed subsequent to the granting of the qualifying master\u2019s or doctoral degree.\n(4) Not more than 1,300 hours of supervised experience obtained prior to completing a master\u2019s or doctoral degree.\nThe applicant shall not be credited with more than 750 hours of counseling and direct supervisor contact prior to completing the master\u2019s or doctoral degree.\n(5) No hours of experience may be gained prior to completing either 12 semester units or 18 quarter units of graduate instruction and becoming a trainee except for personal psychotherapy.\n(6) No hours of experience may be gained more than six years prior to the date the application for examination eligibility was filed, except that up to 500 hours of clinical experience gained in the supervised practicum required by subdivision (c) of Section 4980.37 and subparagraph (B) of paragraph (1) of subdivision (d) of Section 4980.36 shall be exempt from this six-year requirement.\n(7) Not more than a combined total of 1,000 hours of experience in the following:\n(A) Direct supervisor contact.\n(B) Professional enrichment activities. For purposes of this chapter, \u201cprofessional enrichment activities\u201d include the following:\n(i) Workshops, seminars, training sessions, or conferences directly related to marriage and family therapy attended by the applicant that are approved by the applicant\u2019s supervisor. An applicant shall have no more than 250 hours of verified attendance at these workshops, seminars, training sessions, or conferences.\n(ii) Participation by the applicant in personal psychotherapy, which includes group, marital or conjoint, family, or individual psychotherapy by an appropriately licensed professional. An applicant shall have no more than 100 hours of participation in personal psychotherapy. The applicant shall be credited with three hours of experience for each hour of personal psychotherapy.\n(8) Not more than 500 hours of experience providing group therapy or group counseling.\n(9) For all hours gained on or after January 1, 2012, not more than 500 hours of experience in the following:\n(A) Experience administering and evaluating psychological tests, writing clinical reports, writing progress notes, or writing process notes.\n(B) Client centered advocacy.\n(10) Not less than 500 total hours of experience in diagnosing and treating couples, families, and children. For up to 150 hours of treating couples and families in conjoint therapy, the applicant shall be credited with two hours of experience for each hour of therapy provided.\n(11) Not more than 375 hours of experience providing personal psychotherapy, crisis counseling, or other counseling services via telehealth in accordance with Section 2290.5.\n(12) It is anticipated and encouraged that hours of experience will include working with elders and dependent adults who have physical or mental limitations that restrict their ability to carry out normal activities or protect their rights.\nThis subdivision shall only apply to hours gained on and after January 1, 2010.\n(b) All applicants, trainees, and registrants shall be at all times under the supervision of a supervisor who shall be responsible for ensuring that the extent, kind, and quality of counseling performed is consistent with the training and experience of the person being supervised, and who shall be responsible to the board for compliance with all laws, rules, and regulations governing the practice of marriage and family therapy. Supervised experience shall be gained by interns and trainees only as an employee or as a volunteer. The requirements of this chapter regarding gaining hours of experience and supervision are applicable equally to employees and volunteers. Experience shall not be gained by interns or trainees as an independent contractor.\n(1) If employed, an intern shall provide the board with copies of the corresponding W-2 tax forms for each year of experience claimed upon application for licensure.\n(2) If volunteering, an intern shall provide the board with a letter from his or her employer verifying the intern\u2019s employment as a volunteer upon application for licensure.\n(c) Except for experience gained pursuant to subparagraph (B) of paragraph (7) of subdivision (a), supervision shall include at least one hour of direct supervisor contact in each week for which experience is credited in each work setting, as specified:\n(1) A trainee shall receive an average of at least one hour of direct supervisor contact for every five hours of client contact in each setting. No more than six hours of supervision, whether individual or group, shall be credited during any single week.\n(2) An individual supervised after being granted a qualifying degree shall receive at least one additional hour of direct supervisor contact for every week in which more than 10 hours of client contact is gained in each setting. No more than six hours of supervision, whether individual or group, shall be credited during any single week.\n(3) For purposes of this section, \u201cone hour of direct supervisor contact\u201d means one hour per week of face-to-face contact on an individual basis or two hours per week of face-to-face contact in a group.\n(4) Direct supervisor contact shall occur within the same week as the hours claimed.\n(5) Direct supervisor contact provided in a group shall be provided in a group of not more than eight supervisees and in segments lasting no less than one continuous hour.\n(6) Notwithstanding paragraph (3), an intern working in a governmental entity, a school, a college, or a university, or an institution that is both nonprofit and charitable may obtain the required weekly direct supervisor contact via two-way, real-time videoconferencing. The supervisor shall be responsible for ensuring that client confidentiality is upheld.\n(7) All experience gained by a trainee shall be monitored by the supervisor as specified by regulation.\n(8) The six hours of supervision that may be credited during any single week pursuant to paragraphs (1) and (2) shall apply to supervision hours gained on or after January 1, 2009.\n(d) (1) A trainee may be credited with supervised experience completed in any setting that meets all of the following:\n(A) Lawfully and regularly provides mental health counseling or psychotherapy.\n(B) Provides oversight to ensure that the trainee\u2019s work at the setting meets the experience and supervision requirements set forth in this chapter and is within the scope of practice for the profession as defined in Section 4980.02.\n(C) Is not a private practice owned by a licensed marriage and family therapist, a licensed professional clinical counselor, a licensed psychologist, a licensed clinical social worker, a licensed physician and surgeon, or a professional corporation of any of those licensed professions.\n(2) Experience may be gained by the trainee solely as part of the position for which the trainee volunteers or is employed.\n(e) (1) An intern may be credited with supervised experience completed in any setting that meets both of the following:\n(A) Lawfully and regularly provides mental health counseling or psychotherapy.\n(B) Provides oversight to ensure that the intern\u2019s work at the setting meets the experience and supervision requirements set forth in this chapter and is within the scope of practice for the profession as defined in Section 4980.02.\n(2) An applicant shall not be employed or volunteer in a private practice, as defined in subparagraph (C) of paragraph (1) of subdivision (d), until registered as an intern.\n(3) While an intern may be either a paid employee or a volunteer, employers are encouraged to provide fair remuneration to interns.\n(4) Except for periods of time during a supervisor\u2019s vacation or sick leave, an intern who is employed or volunteering in private practice shall be under the direct supervision of a licensee that has satisfied the requirements of subdivision (g) of Section 4980.03. The supervising licensee shall either be employed by and practice at the same site as the intern\u2019s employer, or shall be an owner or shareholder of the private practice. Alternative supervision may be arranged during a supervisor\u2019s vacation or sick leave if the supervision meets the requirements of this section.\n(5) Experience may be gained by the intern solely as part of the position for which the intern volunteers or is employed.\n(f) Except as provided in subdivision (g), all persons shall register with the board as an intern in order to be credited for postdegree hours of supervised experience gained toward licensure.\n(g) Except when employed in a private practice setting, all postdegree hours of experience shall be credited toward licensure so long as the applicant applies for the intern registration within 90 days of the granting of the qualifying master\u2019s or doctoral degree and is thereafter granted the intern registration by the board.\n(h) Trainees, interns, and applicants shall not receive any remuneration from patients or clients, and shall only be paid by their employers.\n(i) Trainees, interns, and applicants shall only perform services at the place where their employers regularly conduct business, which may include performing services at other locations, so long as the services are performed under the direction and control of their employer and supervisor, and in compliance with the laws and regulations pertaining to supervision. For purposes of paragraph (3) of subdivision (a) of Section 2290.5, interns and trainees working under licensed supervision, consistent with subdivision (b), may provide services via telehealth within the scope authorized by this chapter and in accordance with any regulations governing the use of telehealth promulgated by the board. Trainees and interns shall have no proprietary interest in their employers\u2019 businesses and shall not lease or rent space, pay for furnishings, equipment, or supplies, or in any other way pay for the obligations of their employers.\n(j) Trainees, interns, or applicants who provide volunteered services or other services, and who receive no more than a total, from all work settings, of five hundred dollars ($500) per month as reimbursement for expenses actually incurred by those trainees, interns, or applicants for services rendered in any lawful work setting other than a private practice shall be considered an employee and not an independent contractor. The board may audit applicants who receive reimbursement for expenses, and the applicants shall have the burden of demonstrating that the payments received were for reimbursement of expenses actually incurred.\n(k) Each educational institution preparing applicants for licensure pursuant to this chapter shall consider requiring, and shall encourage, its students to undergo individual, marital or conjoint, family, or group counseling or psychotherapy, as appropriate. Each supervisor shall consider, advise, and encourage his or her interns and trainees regarding the advisability of undertaking individual, marital or conjoint, family, or group counseling or psychotherapy, as appropriate. Insofar as it is deemed appropriate and is desired by the applicant, the educational institution and supervisors are encouraged to assist the applicant in locating that counseling or psychotherapy at a reasonable cost.","title":""}
{"_id":"c392","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 79707.5 is added to the Water Code, to read:\n79707.5.\nIn furtherance of subdivision (g) of Section 79707, all recipients of funding pursuant to Chapter 6 (commencing with Section 79730) shall post signs acknowledging the source of funds in accordance with guidelines that the secretary shall develop. For the purposes of this section, state funding shall be listed first on the sign if the state is the source of 50 percent or more of the total project costs.\nSECTION 1.\nChapter 11.2 (commencing with Section 8852) is added to Division 1 of Title 2 of the\nGovernment Code\n, to read:\n11.2.\nState Facilities Renewal Bond Act of 2016\n1.\nGeneral Provisions\n8852.\nThis chapter shall be known as the State Facilities Renewal Bond Act of 2016.\n8852.1.\nAs used in this chapter, the following terms have the following meanings:\n(a)\u201cCommittee\u201d means the State Facilities Renewal Bond Finance Committee created pursuant to Section 8852.31.\n(b)\u201cFund\u201d means the State Facilities Renewal Bond Fund created pursuant to Section 8852.2.\n(c)\u201cState agency\u201d means any state agency, department, office, division, bureau, board, commission, district agricultural association, the California State University, the University of California, and the Judicial Council.\n(d)\u201cDeferred maintenance projects\u201d means delayed projects to replace infrastructure and building components in order to preserve or maintain these assets in an acceptable condition.\n2.\nState Facilities Renewal Bond Fund and Program\n8852.2.\n(a)The proceeds of bonds issued and sold pursuant to this chapter shall be deposited in the State Facilities Renewal Bond Fund, which is hereby created. Fund moneys shall only be used to address deferred maintenance projects on state-owned property and shall be made available for expenditure only upon appropriation by the Legislature in the annual Budget Act. Funds shall be appropriated to state agencies as part of their respective agency budgets for state operations. Fund moneys appropriated to a state agency shall supplement, not supplant, an agency\u2019s existing deferred maintenance expenditures. It is the intent of the Legislature that the projects funded by these bonds shall have a useful life of at least 20 years.\n(b)The Governor shall propose appropriations from the State Facilities Renewal Bond Fund as part of his or her January 10 budget proposal.\n(1)Within 10 days following release of the budget proposal, the Department of Finance shall report all of the following to the respective budget committees of the Legislature:\n(A)The administration\u2019s methodology for allocating the bond funds among the various state agencies.\n(B)The criteria used for establishing deferred maintenance project funding priorities.\n(2)A state agency for which the Governor proposes an appropriation from the State Facilities Renewal Bond Fund shall report, within 30 days following the release of the budget proposal, the following to the respective budget committees of the Legislature:\n(A)The agency\u2019s total deferred maintenance backlog.\n(B)The agency\u2019s deferred maintenance expenditures in the prior fiscal year.\n(C)A list of deferred maintenance projects proposed to be undertaken by the agency with moneys from the fund proposed for appropriation.\n(D)The agency\u2019s expenditures in the prior fiscal year for maintenance other than deferred maintenance.\n(E)The extent to which the agency\u2019s current budget for maintenance is insufficient to prevent an increase in the agency\u2019s deferred maintenance backlog.\n3.\nFiscal\n8852.3.\nBonds in the total amount of two billion dollars ($2,000,000,000), or so much thereof as is necessary, not including the amount of any refunding bonds, or so much thereof as is necessary, may be issued and sold to provide a fund to be used for carrying out the purposes expressed in this chapter and to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5. The bonds, when sold, shall be and constitute a valid and binding obligation of the State of California, and the full faith and credit of the State of California is hereby pledged for the punctual payment of both principal of, and interest on, the bonds as the principal and interest become due and payable. The bonds issued pursuant to this chapter shall be repaid within 20 years from the date they are issued.\n8852.31.\nThe bonds authorized by this chapter shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2), and all of the provisions of that law apply to the bonds and to this chapter and are hereby incorporated in this chapter as though set forth in full in this chapter, except subdivisions (a) and (b) of Section 16727.\n8852.32.\n(a)Solely for the purpose of authorizing the issuance and sale pursuant to the State General Obligation Bond Law of the bonds authorized by this chapter, the State Facilities Renewal Bond Finance Committee is hereby created. For purposes of this chapter, the State Facilities Renewal Bond Finance Committee is \u201cthe committee\u201d as that term is used in the State General Obligation Bond Law. The committee consists of the Controller, Director of Finance, and Treasurer, or their designated representatives.\n(b)The Treasurer shall serve as chairperson of the committee.\n(c)A majority of the committee may act for the committee.\n8852.33.\nThe committee shall determine whether or not it is necessary or desirable to issue bonds authorized pursuant to this chapter in order to carry out the actions specified in Section 8852.2 and, if so, the amount of bonds to be issued and sold. Successive issues of bonds may be authorized and sold to carry out those actions progressively, and it is not necessary that all of the bonds authorized to be issued be sold at any one time.\n8852.34.\nThere shall be collected each year and in the same manner and at the same time as other state revenue is collected, in addition to the ordinary revenues of the state, a sum in an amount required to pay the principal of, and interest on, the bonds each year. It is the duty of all officers charged by law with any duty in regard to the collection of the revenue to do and perform each and every act that is necessary to collect that additional sum.\n8852.35.\nNotwithstanding Section 13340, there is hereby appropriated from the General Fund in the State Treasury, for the purposes of this chapter, an amount that will equal the total of the following:\n(a)The sum annually necessary to pay the principal of, and interest on, bonds issued and sold pursuant to this chapter, as the principal and interest become due and payable.\n(b)The sum necessary to carry out Section 8852.36, appropriated without regard to fiscal years.\n8852.36.\nFor the purposes of carrying out this chapter, the Director of Finance may authorize the withdrawal from the General Fund of an amount not to exceed the amount of the unsold bonds that have been authorized by the committee to be sold for the purpose of carrying out this chapter. Any amounts withdrawn shall be deposited in the fund. Any moneys made available under this section shall be returned to the General Fund, with interest at the rate earned by the moneys in the Pooled Money Investment Account, from proceeds received from the sale of bonds for the purpose of carrying out this chapter.\n8852.37.\nAll moneys deposited in the fund that is derived from premium and accrued interest on bonds sold shall be reserved in the fund and shall be available for transfer to the General Fund as a credit to expenditures for bond interest.\n8852.38.\nPursuant to Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2, the cost of bond issuance shall be paid out of the bond proceeds. These costs shall be shared proportionally by each program funded through this bond act.\n8852.39.\nThe committee may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account, including other authorized forms of interim financing that include, but are not limited to, commercial paper, in accordance with Section 16312, for purposes of carrying out this chapter. The amount of the request shall not exceed the amount of the unsold bonds that the committee, by resolution, has authorized to be sold for the purpose of carrying out this chapter. The committee shall execute any documents required by the Pooled Money Investment Board to obtain and repay the loan. Any amounts loaned shall be deposited in the fund to be allocated by the board in accordance with this chapter.\n8852.40.\nThe bonds may be refunded in accordance with Article 6 (commencing with Section 16780) of Chapter 4 of Part 3 of Division 4 of Title 2, which is a part of the State General Obligation Bond Law. Approval by the voters of the state for the issuance of the bonds described in this chapter includes the approval of the issuance of any bonds issued to refund any bonds originally issued under this chapter or any previously issued refunding bonds.\n8852.41.\nNotwithstanding any other provision of this chapter, or of the State General Obligation Bond Law, if the Treasurer sells bonds pursuant to this chapter that include a bond counsel opinion to the effect that the interest on the bonds is excluded from gross income for federal tax purposes, subject to designated conditions, the Treasurer may maintain separate accounts for the investment of bond proceeds and for the investment of earnings on those proceeds. The Treasurer may use or direct the use of those proceeds or earnings to pay any rebate, penalty, or other payment required under federal law or take any other action with respect to the investment and use of those bond proceeds required or desirable under federal law to maintain the tax exempt status of those bonds and to obtain any other advantage under federal law on behalf of the funds of this state.\n8852.42.\nThe Legislature hereby finds and declares that, inasmuch as the proceeds from the sale of bonds authorized by this chapter are not \u201cproceeds of taxes\u201d as that term is used in Article XIII B of the California Constitution, the disbursement of these proceeds is not subject to the limitations imposed by that article.\nSEC. 2.\nSection 1 of this act shall take effect upon the approval by the voters of the State Facilities Renewal Bond Act of 2016, as set forth in Section 1 of this act.\nSEC. 3.\nSection 1 of this act shall be submitted to the voters at the June 7, 2016, statewide primary election in accordance with provisions of the Government Code and the Elections Code governing the submission of a statewide measure to the voters.","title":""}
{"_id":"c223","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 21200 of the Financial Code is amended to read:\n21200.\n(a) Except as otherwise provided in this chapter, no pawnbroker shall charge or receive compensation at a rate exceeding the sum of the following:\n(1) Three percent per month on the unpaid principal balance of any loan.\n(2) A charge not exceeding three dollars ($3) a month on any loan when the monthly charge permitted by paragraph (1) would otherwise be less.\n(b) One month\u2019s interest may be charged for any part of the month in which pawned property is redeemed.\nSEC. 2.\nSection 21200.1 of the Financial Code is amended to read:\n21200.1.\nA loan setup fee of five dollars ($5) or 3 percent, whichever is greater, may be charged for each loan. However, the maximum loan setup fee shall not exceed thirty dollars ($30). Loan setup fees are in addition to any other allowed charges.\nSEC. 3.\nSection 21200.5 of the Financial Code is amended to read:\n21200.5.\nA pawnbroker may charge as prescribed in the following schedule:\n\n\nSchedule of Charges\n\n\n(a) A charge not exceeding three dollars ($3) may be made on any loan for not more than three months which does not exceed nineteen dollars and ninety-nine cents ($19.99).\n(b) A charge not exceeding six dollars ($6) may be made on any loan for not more than three months of twenty dollars ($20) or more, but not exceeding forty-nine dollars and ninety-nine cents ($49.99).\n(c) A charge not exceeding nine dollars ($9) may be made on any loan for not more than three months of fifty dollars ($50) or more, but not exceeding seventy-four dollars and ninety-nine cents ($74.99).\n(d) A charge not exceeding twelve dollars ($12) may be made on any loan for not more than three months of seventy-five dollars ($75) or more, but not exceeding ninety-nine dollars and ninety-nine cents ($99.99).\n(e) A charge not exceeding fifteen dollars ($15) may be made on any loan for not more than three months of one hundred dollars ($100) or more, but not exceeding one hundred seventy-four dollars and ninety-nine cents ($174.99).\n(f) A charge not exceeding 9 percent may be made on any loan for not more than three months on any loan of one hundred seventy-five dollars ($175) or more, but not exceeding two thousand four hundred ninety-nine dollars and ninety-nine cents ($2,499.99).\n(g) The monthly charge for any extension of a written contract required by Section 21201 or 21201.5 shall be computed in accordance with the provisions of Section 21200.\n(h) The schedule of charges prescribed by this section shall be posted in a place clearly visible to the general public.\nSEC. 4.\nSection 21200.6 of the Financial Code is amended to read:\n21200.6.\n(a) In addition to other allowed charges, at the time property is redeemed or a replacement loan is issued pursuant to Section 21201.5, the pawnbroker may collect a handling and storage charge for pawned articles. The maximum amount that may be charged pursuant to this section is in accordance with the following schedule:\n(1) One dollar ($1) for any article that can be contained within one cubic foot.\n(2) Five dollars ($5) for any article that cannot be contained within one cubic foot but can be contained within three cubic feet.\n(3) Ten dollars ($10) for any article that cannot be contained within three cubic feet but can be contained within six cubic feet.\n(4) Twenty dollars ($20) for any article that cannot be contained within six cubic feet and one dollar ($1) for each additional cubic foot in excess of six cubic feet.\n(b) For purposes of this section, cubic feet shall be determined by multiplying the width of an article, at its greatest width, by the depth of an article, at its greatest depth, by the height of an article, at its greatest height.\nSEC. 5.\nSection 21201 of the Financial Code is amended to read:\n21201.\n(a) Every loan made by a pawnbroker for which goods are received in pledge as security shall be evidenced by a written contract, a copy of which shall be furnished to the pledgor. The loan contract shall provide a loan period that is a minimum of four months, shall set forth the loan period and the date on which the loan is due and payable, and shall clearly inform the pledgor of his or her right to redeem the pledge during the loan period.\n(b) Every loan contract shall contain the following notice, in at least 8-point boldface type and circumscribed by a box, immediately above the space for the pledgor\u2019s signature:\n\n\u201cYou may redeem the property you have pledged at any time until the close of business on ____ [fill in date no less than four months from date loan begins]. To redeem, you must pay the amount of the loan and the applicable charges which have accrued through the date on which you redeem.\u201d\n\n(c) Every pawnbroker shall retain in his or her possession every article pledged to him or her for the duration of the loan period. During such period the pledgor may redeem the articles upon payment of the amount of the loan and the applicable charges. If the pledgor and the pawnbroker agree in writing that the pawned property may be stored off premises, following the request for redemption of the loan, the pawnbroker shall return the pledged property to the pledgor the next calendar day when both the pawnbroker\u2019s store and the storage facility are open, not to exceed two business days.\n(d) If any pledged article is not redeemed during the loan period as provided herein, and the pledgor and pawnbroker do not mutually agree in writing to extend the loan period, the pawnbroker shall notify the pledgor within one month after expiration of the loan period. If the pawnbroker fails to notify the pledgor within one month after the expiration of the loan period, the pawnbroker shall not charge interest from the day after the expiration of the one-month period. The pawnbroker shall notify the pledgor at his or her last known mailing or electronic address of the termination of the loan period, by a means for which verification of mailing or, at the sole option of the pledgor, electronic transmission of the notification can be provided by the pawnbroker, and extending the right of redemption, during posted business hours, for a period of 10 days from date of mailing or electronic transmission of that notice. Electronic notice of the termination of the loan period shall be valid if the pledgor has previously responded to an electronic communication sent by the pawnbroker to the pledgor\u2019s last known electronic address provided by the pledgor. Upon the initiation of each new or replacement loan, the pledgor shall affirm that the current electronic address on file with the pawnbroker is valid. The 10-day notice shall state, in substantially the same format as the following: \u201cIf the tenth day falls on a day when the pawnshop is closed, the time period is extended to the next day that the pawnshop is open.\u201d\n(e) The posted schedule of charges required pursuant to Section 21200.5 shall contain a notice informing the pledgor that if he or she desires, the pawnbroker shall send the notice of termination of the loan period by registered or certified mail with return receipt requested, upon prepayment of the mailing costs.\n(f) If any pledged article is not redeemed within the 10-day notice period, the pawnbroker shall become vested with all right, title, and interest of the pledgor, or his or her assigns, to the pledged article, to hold and dispose of as his or her own property. Any other provision of law relating to the foreclosure and sale of pledges shall not be applicable to any pledge the title to which is transferred in accordance with this section. The pawnbroker shall not sell any article of pledged property until he or she has become vested with the title to that property pursuant to this section.\n(g) The sale of pledged property is a misdemeanor pursuant to Section 21209.\nSEC. 6.\nSection 21201.2 of the Financial Code is amended to read:\n21201.2.\nIf the pledgor fails to redeem any pawned item during the loan period, thereby obliging the pawnbroker to mail or electronically transmit the notice required under Section 21201, the pawnbroker may charge a fee of up to three dollars ($3) for services and costs pertaining to the preparation of the notice, in addition to any other allowed charges.\nSEC. 7.\nSection 21205 is added to the Financial Code, to read:\n21205.\nRepresentatives of the pawnbroker industry shall poll their members annually to gather data relating to the current financial condition of the California pawn industry.\nSEC. 8.\nNo reimbursement is required by this act pursuant to Section 6 of Article XIII\u2009B 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\u2009B of the California Constitution.","title":""}
{"_id":"c326","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 502 of the Penal Code is amended to read:\n502.\n(a) It is the intent of the Legislature in enacting this section to expand the degree of protection afforded to individuals, businesses, and governmental agencies from tampering, interference, damage, and unauthorized access to lawfully created computer data and computer systems. The Legislature finds and declares that the proliferation of computer technology has resulted in a concomitant proliferation of computer crime and other forms of unauthorized access to computers, computer systems, and computer data.\nThe Legislature further finds and declares that protection of the integrity of all types and forms of lawfully created computers, computer systems, and computer data is vital to the protection of the privacy of individuals as well as to the well-being of financial institutions, business concerns, governmental agencies, and others within this state that lawfully utilize those computers, computer systems, and data.\n(b) For the purposes of this section, the following terms have the following meanings:\n(1) \u201cAccess\u201d means to gain entry to, instruct, cause input to, cause output from, cause data processing with, or communicate with, the logical, arithmetical, or memory function resources of a computer, computer system, or computer network.\n(2) \u201cComputer network\u201d means any system that provides communications between one or more computer systems and input\/output devices, including, but not limited to, display terminals, remote systems, mobile devices, and printers connected by telecommunication facilities.\n(3) \u201cComputer program or software\u201d means a set of instructions or statements, and related data, that when executed in actual or modified form, cause a computer, computer system, or computer network to perform specified functions.\n(4) \u201cComputer services\u201d includes, but is not limited to, computer time, data processing, or storage functions, Internet services, electronic mail services, electronic message services, or other uses of a computer, computer system, or computer network.\n(5) \u201cComputer system\u201d means a device or collection of devices, including support devices and excluding calculators that are not programmable and capable of being used in conjunction with external files, one or more of which contain computer programs, electronic instructions, input data, and output data, that performs functions, including, but not limited to, logic, arithmetic, data storage and retrieval, communication, and control.\n(6) \u201cGovernment computer system\u201d means any computer system, or part thereof, that is owned, operated, or used by any federal, state, or local governmental entity.\n(7) \u201cPublic safety infrastructure computer system\u201d means any computer system, or part thereof, that is necessary for the health and safety of the public including computer systems owned, operated, or used by drinking water and wastewater treatment facilities, hospitals, emergency service providers, telecommunication companies, and gas and electric utility companies.\n(8) \u201cData\u201d means a representation of information, knowledge, facts, concepts, computer software, or computer programs or instructions. Data may be in any form, in storage media, or as stored in the memory of the computer or in transit or presented on a display device.\n(9) \u201cSupporting documentation\u201d includes, but is not limited to, all information, in any form, pertaining to the design, construction, classification, implementation, use, or modification of a computer, computer system, computer network, computer program, or computer software, which information is not generally available to the public and is necessary for the operation of a computer, computer system, computer network, computer program, or computer software.\n(10) \u201cInjury\u201d means any alteration, deletion, damage, or destruction of a computer system, computer network, computer program, or data caused by the access, or the denial of access to legitimate users of a computer system, network, or program.\n(11) \u201cVictim expenditure\u201d means any expenditure reasonably and necessarily incurred by the owner or lessee to verify that a computer system, computer network, computer program, or data was or was not altered, deleted, damaged, or destroyed by the access.\n(12) \u201cComputer contaminant\u201d means any set of computer instructions that are designed to modify, damage, destroy, record, or transmit information within a computer, computer system, or computer network without the intent or permission of the owner of the information. They include, but are not limited to, a group of computer instructions commonly called viruses or worms, that are self-replicating or self-propagating and are designed to contaminate other computer programs or computer data, consume computer resources, modify, destroy, record, or transmit data, or in some other fashion usurp the normal operation of the computer, computer system, or computer network.\n(13) \u201cInternet domain name\u201d means a globally unique, hierarchical reference to an Internet host or service, assigned through centralized Internet naming authorities, comprising a series of character strings separated by periods, with the rightmost character string specifying the top of the hierarchy.\n(14) \u201cElectronic mail\u201d means an electronic message or computer file that is transmitted between two or more telecommunications devices; computers; computer networks, regardless of whether the network is a local, regional, or global network; or electronic devices capable of receiving electronic messages, regardless of whether the message is converted to hard copy format after receipt, viewed upon transmission, or stored for later retrieval.\n(15) \u201cProfile\u201d means either of the following:\n(A) A configuration of user data required by a computer so that the user may access programs or services and have the desired functionality on that computer.\n(B) An Internet Web site user\u2019s personal page or section of a page that is made up of data, in text or graphical form, that displays significant, unique, or identifying information, including, but not limited to, listing acquaintances, interests, associations, activities, or personal statements.\n(c) Except as provided in subdivision (h), any person who commits any of the following acts is guilty of a public offense:\n(1) Knowingly accesses and without permission alters, damages, deletes, destroys, or otherwise uses any data, computer, computer system, or computer network in order to either (A) devise or execute any scheme or artifice to defraud, deceive, or extort, or (B) wrongfully control or obtain money, property, or data.\n(2) Knowingly accesses and without permission takes, copies, or makes use of any data from a computer, computer system, or computer network, or takes or copies any supporting documentation, whether existing or residing internal or external to a computer, computer system, or computer network.\n(3) Knowingly and without permission uses or causes to be used computer services.\n(4) Knowingly accesses and without permission adds, alters, damages, deletes, or destroys any data, computer software, or computer programs which reside or exist internal or external to a computer, computer system, or computer network.\n(5) Knowingly and without permission disrupts or causes the disruption of computer services or denies or causes the denial of computer services to an authorized user of a computer, computer system, or computer network.\n(6) Knowingly and without permission provides or assists in providing a means of accessing a computer, computer system, or computer network in violation of this section.\n(7) Knowingly and without permission accesses or causes to be accessed any computer, computer system, or computer network.\n(8) Knowingly introduces any computer contaminant into any computer, computer system, or computer network.\n(9) Knowingly and without permission uses the Internet domain name or profile of another individual, corporation, or entity in connection with the sending of one or more electronic mail messages or posts and thereby damages or causes damage to a computer, computer data, computer system, or computer network.\n(10) Knowingly and without permission disrupts or causes the disruption of government computer services or denies or causes the denial of government computer services to an authorized user of a government computer, computer system, or computer network.\n(11) Knowingly accesses and without permission adds, alters, damages, deletes, or destroys any data, computer software, or computer programs which reside or exist internal or external to a public safety infrastructure computer system computer, computer system, or computer network.\n(12) Knowingly and without permission disrupts or causes the disruption of public safety infrastructure computer system computer services or denies or causes the denial of computer services to an authorized user of a public safety infrastructure computer system computer, computer system, or computer network.\n(13) Knowingly and without permission provides or assists in providing a means of accessing a computer, computer system, or public safety infrastructure computer system computer, computer system, or computer network in violation of this section.\n(14) Knowingly introduces any computer contaminant into any public safety infrastructure computer system computer, computer system, or computer network.\n(d) (1) Any person who violates any of the provisions of paragraph (1), (2), (4), (5), (10), (11), or (12) of subdivision (c) is guilty of a felony, punishable by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years and a fine not exceeding ten thousand dollars ($10,000), or a misdemeanor, punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding five thousand dollars ($5,000), or by both that fine and imprisonment.\n(2) Any person who violates paragraph (3) of subdivision (c) is punishable as follows:\n(A) For the first violation that does not result in injury, and where the value of the computer services used does not exceed nine hundred fifty dollars ($950), by a fine not exceeding five thousand dollars ($5,000), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment.\n(B) For any violation that results in a victim expenditure in an amount greater than five thousand dollars ($5,000) or in an injury, or if the value of the computer services used exceeds nine hundred fifty dollars ($950), or for any second or subsequent violation, by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years, or by both that fine and imprisonment, or by a fine not exceeding five thousand dollars ($5,000), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment.\n(3) Any person who violates paragraph (6), (7), or (13) of subdivision (c) is punishable as follows:\n(A) For a first violation that does not result in injury, an infraction punishable by a fine not exceeding one thousand dollars ($1,000).\n(B) For any violation that results in a victim expenditure in an amount not greater than five thousand dollars ($5,000), or for a second or subsequent violation, by a fine not exceeding five thousand dollars ($5,000), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment.\n(C) For any violation that results in a victim expenditure in an amount greater than five thousand dollars ($5,000), by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years, or by both that fine and imprisonment, or by a fine not exceeding five thousand dollars ($5,000), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment.\n(4) Any person who violates paragraph (8) or (14) of subdivision (c) is punishable as follows:\n(A) For a first violation that does not result in injury, a misdemeanor punishable by a fine not exceeding five thousand dollars ($5,000), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment.\n(B) For any violation that results in injury, or for a second or subsequent violation, by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment in a county jail not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170, or by both that fine and imprisonment.\n(5) Any person who violates paragraph (9) of subdivision (c) is punishable as follows:\n(A) For a first violation that does not result in injury, an infraction punishable by a fine not exceeding one thousand dollars ($1,000).\n(B) For any violation that results in injury, or for a second or subsequent violation, by a fine not exceeding five thousand dollars ($5,000), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment.\n(e) (1) In addition to any other civil remedy available, the owner or lessee of the computer, computer system, computer network, computer program, or data who suffers damage or loss by reason of a violation of any of the provisions of subdivision (c) may bring a civil action against the violator for compensatory damages and injunctive relief or other equitable relief. Compensatory damages shall include any expenditure reasonably and necessarily incurred by the owner or lessee to verify that a computer system, computer network, computer program, or data was or was not altered, damaged, or deleted by the access. For the purposes of actions authorized by this subdivision, the conduct of an unemancipated minor shall be imputed to the parent or legal guardian having control or custody of the minor, pursuant to the provisions of Section 1714.1 of the Civil Code.\n(2) In any action brought pursuant to this subdivision the court may award reasonable attorney\u2019s fees.\n(3) A community college, state university, or academic institution accredited in this state is required to include computer-related crimes as a specific violation of college or university student conduct policies and regulations that may subject a student to disciplinary sanctions up to and including dismissal from the academic institution. This paragraph shall not apply to the University of California unless the Board of Regents adopts a resolution to that effect.\n(4) In any action brought pursuant to this subdivision for a willful violation of the provisions of subdivision (c), where it is proved by clear and convincing evidence that a defendant has been guilty of oppression, fraud, or malice as defined in subdivision (c) of Section 3294 of the Civil Code, the court may additionally award punitive or exemplary damages.\n(5) No action may be brought pursuant to this subdivision unless it is initiated within three years of the date of the act complained of, or the date of the discovery of the damage, whichever is later.\n(f) This section shall not be construed to preclude the applicability of any other provision of the criminal law of this state which applies or may apply to any transaction, nor shall it make illegal any employee labor relations activities that are within the scope and protection of state or federal labor laws.\n(g) Any computer, computer system, computer network, or any software or data, owned by the defendant, that is used during the commission of any public offense described in subdivision (c) or any computer, owned by the defendant, which is used as a repository for the storage of software or data illegally obtained in violation of subdivision (c) shall be subject to forfeiture, as specified in Section 502.01.\n(h) (1) Subdivision (c) does not apply to punish any acts which are committed by a person within the scope of his or her lawful employment. For purposes of this section, a person acts within the scope of his or her employment when he or she performs acts which are reasonably necessary to the performance of his or her work assignment.\n(2) Paragraph (3) of subdivision (c) does not apply to penalize any acts committed by a person acting outside of his or her lawful employment, provided that the employee\u2019s activities do not cause an injury, to the employer or another, or provided that the value of supplies or computer services which are used does not exceed an accumulated total of two hundred fifty dollars ($250).\n(i) No activity exempted from prosecution under paragraph (2) of subdivision (h) which incidentally violates paragraph (2), (4), or (7) of subdivision (c) shall be prosecuted under those paragraphs.\n(j) For purposes of bringing a civil or a criminal action under this section, a person who causes, by any means, the access of a computer, computer system, or computer network in one jurisdiction from another jurisdiction is deemed to have personally accessed the computer, computer system, or computer network in each jurisdiction.\n(k) In determining the terms and conditions applicable to a person convicted of a violation of this section the court shall consider the following:\n(1) The court shall consider prohibitions on access to and use of computers.\n(2) Except as otherwise required by law, the court shall consider alternate sentencing, including community service, if the defendant shows remorse and recognition of the wrongdoing, and an inclination not to repeat the offense.","title":""}
{"_id":"c296","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 4001 of the Elections Code is amended to read:\n4001.\n(a) Notwithstanding Section 4000 or any other law, as a pilot program, elections in San Mateo County, Yolo County, Sacramento County, and Monterey County may be conducted wholly by mail if all of the following conditions are satisfied:\n(1) The governing body of the city, county, or district, by resolution, authorizes the all-mailed ballot election and notifies the Secretary of State of its intent to conduct an all-mailed ballot election at least 88 days before the date of the election.\n(2) The election does not occur on the same date as a statewide primary or general election or any other election conducted in an overlapping jurisdiction that is not consolidated and conducted wholly by mail pursuant to this section.\n(3) The election is not a special election to fill a vacancy in a state office, the Legislature, or Congress.\n(4) (A) At least one ballot drop-off location is provided per city or the ballot drop-off locations are fixed in a manner so that the number of residents for each ballot drop-off location does not exceed 100,000 on the 88th day before the day of election, whichever results in more drop-off locations. A ballot drop-off location shall be open during business hours to receive voted ballots beginning 28 days before the date of the election and until 8 p.m. on the day of the election.\n(B) (i) For San Mateo County and Yolo County, at least one polling place is provided per city.\n(ii) For Monterey County and Sacramento County, at least one polling place is provided for every 50,000 registered voters, with a minimum of one polling place per city, in a manner so that the number of registered voters for each polling place does not exceed 50,000 on the 88th day before the day of election, whichever results in more polling places.\n(iii) A polling place provided pursuant to this subparagraph shall allow voters to request a ballot between 7 a.m. and 8 p.m. on the day of the election if they have not received their ballots in the mail or if they need replacement ballots for any other reason.\n(C) Upon the request of the city, county, or district, the elections official, at his or her discretion, may provide additional ballot drop-off locations and polling places.\n(5) The elections official delivers to each voter all supplies necessary for the use and return of the mail ballot, including an envelope for the return of the voted mail ballot with postage prepaid.\n(6) The elections official delivers to each voter, with either the sample ballot sent pursuant to Section 13303 or with the voter\u2019s ballot, a list of the ballot drop-off locations and polling places provided pursuant to paragraph (4), and also posts that list on the Internet Web site of the county elections office.\n(7) The return of voted mail ballots is subject to Section 3017.\n(8) (A) The polling places provided under this section are at an accessible location and are equipped with voting units or systems that are accessible to individuals with disabilities and that provide the same opportunity for access and participation, including the ability to vote privately and independently.\n(B) A ballot drop-off location provided for under this section shall consist of a locked ballot box located in a secure public building that meets the accessibility requirements for a polling place.\n(9) Elections in the county conducted pursuant to this section may be held on no more than three different dates.\n(b) (1) If the county conducts an all-mailed ballot election pursuant to this section, on or before December 31, 2017, the county shall report to the Legislature and to the Secretary of State regarding the success of the election, including, but not limited to, any statistics on the cost to conduct the election; the turnout of different populations, including, but not limited to, to the extent possible, the population categories of race, ethnicity, age, gender, disability, permanent vote by mail status, and political party affiliation; the number of ballots not counted and the reasons they were rejected; voter fraud; and, any other problems that become known to the county during the election or canvass.\n(2) Whenever possible, using the criteria set forth in paragraph (1), the report of the county shall compare the success of the all-mailed ballot election to similar elections not conducted wholly by mail in the same jurisdiction or comparable jurisdictions.\n(3) The report of the county shall be submitted to the Legislature pursuant to Section 9795 of the Government Code within six months after the date of the all-mailed ballot election or before the date of any other all-mailed ballot election subject to this section to be conducted in the county, whichever is sooner.\n(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.","title":""}
{"_id":"c201","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 1938 of the Civil Code is amended to read:\n1938.\n(a) A commercial property owner or lessor shall state on every lease form or rental agreement executed on or after January 1, 2016, whether or not the subject premises have undergone inspection by a Certified Access Specialist (CASp).\n(b) If the subject premises have undergone inspection by a CASp and, to the best of the commercial property owner\u2019s or lessor\u2019s knowledge, there have been no modifications or alterations completed or commenced between the date of the inspection and the date of the lease or rental agreement which have impacted the subject premises\u2019 compliance with construction-related accessibility standards, the commercial property owner or lessor shall provide, prior to execution of the lease or rental agreement, a copy of any report prepared by the CASp with an agreement from the prospective lessee or tenant that information in the report shall remain confidential, except as necessary for the tenant to complete repairs and corrections of violations of construction-related accessibility standards that the lessee or tenant agrees to make.\n(c) If the subject premises have been issued an inspection report by a CASp, as described in paragraph (1) of subdivision (a) of Section 55.53, indicating that it meets applicable standards, as defined in paragraph (4) of subdivision (a) of 55.52, the commercial property owner or lessor shall provide a copy of the current disability access inspection certificate and any inspection report to the lessee or tenant not already provided pursuant to subdivision (b) within seven days of the date of the execution of the lease form or rental agreement.\n(d) If the subject premises have not been issued a disability access inspection certificate, as described in subdivision (e) of Section 55.53, the commercial property owner or lessor shall state the following on the lease form or rental agreement:\n\n\n\u201cA Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, at the lessee\u2019s or tenant\u2019s expense, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection.\u201d\nSEC. 2.\nSection 4459.8 of the Government Code is amended to read:\n4459.8.\n(a) The certification authorized by Section 4459.5 is effective for three years from the date of initial certification and expires if not renewed. The State Architect, upon consideration of any factual complaints regarding the work of a certified access specialist or of other relevant information, may suspend certification or deny renewal of certification.\n(b) (1) The State Architect shall require each applicant for certification as a certified access specialist to do both of the following:\n(A) Pay fees, including an application and course fee and an examination fee, at a level sufficient to meet the costs of application processing, registration, publishing a list, and other activities that are reasonably necessary to implement and administer the certified access specialist program.\n(B) Provide to the State Architect the name of the city, county, or city and county in which the applicant intends to provide services.\n(2) The State Architect shall require each applicant for renewal of certification to do both of the following:\n(A) Pay a fee sufficient to cover the reasonable costs of reassessing qualifications of renewal applicants.\n(B) Provide to the State Architect the name of the city, county, or city and county in which the applicant has provided services since the last day of certification by the State Architect.\n(3) The State Architect shall periodically review his or her schedule of fees to ensure that the fees for certification are not excessive while covering the costs to administer the certified access specialist program. The application fee for a California licensed architect, landscape architect, civil engineer, or structural engineer shall not exceed two hundred fifty dollars ($250).\n(c) All fees collected pursuant to this section shall be deposited into the Certified Access Specialist Fund, which is hereby created in the State Treasury. Notwithstanding Section 13340, this fund is continuously appropriated without regard to fiscal years for use by the State Architect to implement Sections 4459.5 to 4459.8, inclusive.\n(d) The State Architect shall post on his or her Internet Web site the name of the city, county, or city and county in which each certified access specialist provides or intends to provide services.\nSEC. 3.\nSection 8299.06 of the Government Code is amended to read:\n8299.06.\n(a) A priority of the commission shall be the development and dissemination of educational materials and information to promote and facilitate disability access compliance.\n(b) The commission shall work with other state agencies, including the Division of the State Architect and the Department of Rehabilitation, to develop educational materials and information for use by businesses to understand their obligations to provide disability access and to facilitate compliance with construction-related accessibility standards.\n(c) The commission shall develop and make available on its Internet Web site, or make available on its Internet Web site if developed by another governmental agency, including Americans with Disabilities Act centers, toolkits or educational modules to assist a California business to understand its obligations under the law and to facilitate compliance with respect to the top 10 alleged construction-related violations, by type, as specified in subdivision (a) of Section 8299.08. Upon completion of this requirement, the commission shall develop and make available on its Internet Web site, or work with another agency to develop, other toolkits or educational modules that would educate businesses of the accessibility requirements and to facilitate compliance with that requirement.\n(d) The commission shall post the following on its Internet Web site:\n(1) Educational materials and information that will assist building owners, tenants, building officials, and building inspectors to understand the disability accessibility requirements and to facilitate compliance with disability access laws. The commission shall at least annually review the educational materials and information on disability access requirements and compliance available on the Internet Web sites of other local, state, or federal agencies, including Americans with Disabilities Act centers, to augment the educational materials and information developed by the commission.\n(2) A link to the Internet Web site of the Division of the State Architect\u2019s Certified Access Specialist (CASp) Program to assist building owners and tenants in locating or hiring a CASp.\n(e) The commission shall, to the extent feasible, coordinate with other state agencies and local building departments to ensure that information provided to the public on disability access requirements is uniform and complete, and make its educational materials and information available to those agencies and departments.\n(f) The commission shall establish a permanent legislative outreach coordinator position and a permanent educational outreach coordinator position.\nSEC. 4.\nNo reimbursement is required by this act pursuant to Section 6 of Article XIII\u2009B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.","title":""}
{"_id":"c318","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 48800 of the Education Code is amended to read:\n48800.\n(a) The governing board of a school district may determine which pupils would benefit from advanced scholastic or vocational work. The intent of this section is to provide educational enrichment opportunities for a limited number of eligible pupils, rather than to reduce current course requirements of elementary and secondary schools, and also to help ensure a smoother transition from high school to college for pupils by providing them with greater exposure to the collegiate atmosphere. The governing board of a school district may authorize those pupils, upon recommendation of the principal of the pupil\u2019s school of attendance, and with parental consent, to attend a community college during any session or term as special part-time or full-time students and to undertake one or more courses of instruction offered at the community college level.\n(b) If the governing board of a school district denies a request for a special part-time or full-time enrollment at a community college for any session or term for a pupil who is identified as highly gifted, the governing board shall issue its written recommendation and the reasons for the denial within 60 days. The written recommendation and denial shall be issued at the next regularly scheduled board meeting that falls at least 30 days after the request has been submitted.\n(c) A pupil shall receive credit for community college courses that he or she completes at the level determined appropriate by the governing boards of the school district and community college district.\n(d) (1) The principal of a school may recommend a pupil for community college summer session only if that pupil meets all of the following criteria:\n(A) Demonstrates adequate preparation in the discipline to be studied.\n(B) Exhausts all opportunities to enroll in an equivalent course, if any, at his or her school of attendance.\n(2) For any particular grade level, a principal shall not recommend for community college summer session attendance more than 5 percent of the total number of pupils who completed that grade immediately before the time of recommendation.\n(3) A high school pupil recommended by his or her principal for enrollment in a course shall not be included in the 5-percent limitation of pupils allowed to be recommended pursuant to paragraph (2) if the course in which the pupil is enrolled is part of a College and Career Access Pathways (CCAP) program established pursuant to Section 76004 in which a majority of the pupils served are unduplicated pupils, as defined in Section 42238.02, the course meets one of the criteria listed in subparagraphs (A) to (C), inclusive, and the high school principal who recommends the pupil for enrollment provides the Chancellor of the California Community Colleges, upon the request of that office, with the data required for purposes of paragraph (4).\n(A) The course is a lower division, college-level course for credit that is designated as part of the Intersegmental General Education Transfer Curriculum or applies toward the general education breadth requirements of the California State University.\n(B) The course is a college-level, occupational course for credit assigned a priority code of \u201cA,\u201d \u201cB,\u201d or \u201cC,\u201d pursuant to the Student Accountability Model, as defined by the Chancellor of the California Community Colleges and reported in the management information system, and the course is part of a sequence of vocational or career technical education courses leading to a degree or certificate in the subject area covered by the sequence.\n(C) The course is necessary to assist a pupil who has not passed the California High School Exit Examination (CAHSEE), does not offer college credit in English language arts or mathematics, and the pupil meets both of the following requirements:\n(i) The pupil is in his or her senior year of high school.\n(ii) The pupil has completed all other graduation requirements before the end of his or her senior year, or will complete all remaining graduation requirements during a community college summer session, which he or she is recommended to enroll in, following his or her senior year of high school.\n(4) On or before March 1 of each year, the Chancellor of the California Community Colleges shall report to the Department of Finance the number of pupils recommended pursuant to paragraph (3) who enroll in community college summer session courses and who receive a passing grade. The information in this report may be submitted with the report required by subdivision (c) of Section 76002.\n(5) The Board of Governors of the California Community Colleges shall not include enrollment growth attributable to paragraph (3) as part of its annual budget request for the California Community Colleges.\n(6) Notwithstanding Article 3 (commencing with Section 33050) of Chapter 1 of Part 20 of Division 2, compliance with this subdivision shall not be waived.\n(e) Paragraphs (3), (4), and (5) of subdivision (d) shall become inoperative on January 1, 2020.\nSEC. 2.\nThis 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:\nIn order to ensure rigorous scholastic and vocational work opportunities are available to pupils at the earliest possible time and that ongoing programs are not interrupted, it is necessary that this act take effect immediately.","title":""}
{"_id":"c102","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 1179 of the Welfare and Institutions Code is amended to read:\n1179.\n(a)\nAll persons\nEach person\nhonorably discharged from control of the\nYouth Authority Board\nDepartment 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\nshall 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\nprovision of\nlaw. However, that\na\nperson\nshall\nis\nnot\nbe\neligible for appointment as a peace officer employed by any public agency if his or her appointment\nwould\nis\notherwise\nbe\nprohibited by Section 1029 of the Government Code.\n(b) Notwithstanding\nthe provisions of\nsubdivision (a),\nthat\na\nperson may be appointed and employed as a peace officer by the Department of\nthe Youth Authority\nCorrections and Rehabilitation, Division of Juvenile Justice\nif (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\nor the juvenile court\n, or (2) the person was employed as a peace officer by the\ndepartment\nDivision of Juvenile Justice\non or before January 1, 1983.\nNo\nA\nperson who is under the jurisdiction of the\ndepartment\nDivision of Juvenile Justice or county probation department\nshall\nnot\nbe admitted to an examination for a peace officer position with the\ndepartment\nDivision of Juvenile Justice\nunless and until the person has been honorably discharged from the jurisdiction of the\ndepartment by the Youth Authority Board.\nDivision of Juvenile Justice or county probation department pursuant to subdivision (a).\n(c)\nUpon\nIn 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\nthe final discharge or dismissal of\nany such\nthe\nperson, the\nDepartment of the Youth Authority\ndepartment\nshall 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.\nSEC. 2.\nSection 1772 of the Welfare and Institutions Code is amended to read:\n1772.\n(a) Subject to subdivision (b), every person honorably discharged from control\nof the Department of Corrections and Rehabilitation, Division of Juvenile Justice\nby the\nYouth Authority Board\nBoard of Parole Hearings, Juvenile Division or from the control of the county probation department by the juvenile court\nwho has not, during the period of control by the\nauthority\nDivision of Juvenile Justice or county probation department\n, been placed by the\nauthority\nBoard of Parole Hearings, Juvenile Division or county probation department\nin 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.\n(b) Notwithstanding subdivision (a)\n, all of the following shall apply\n:\n(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\nthe Youth Authority\nCorrections and Rehabilitation, Division of Juvenile Justice\nif (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\nYouth Authority Board\nboard or by a juvenile court\n, or (B) the person was employed as a peace officer by the\nDepartment of the Youth Authority\nDivision of Juvenile Justice\non or before January 1, 1983.\nNo\nA\nperson who is under the jurisdiction of the\nDepartment of the Youth Authority\nDivision of Juvenile Justice or county probation department\nshall\nnot\nbe admitted to an examination for a peace officer position with the\ndepartment\nDivision of Juvenile Justice\nunless and until the person has been honorably discharged from the jurisdiction of the\nYouth Authority Board.\nDivision of Juvenile Justice or county probation department pursuant to subdivision (a).\n(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.\n(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:\n(A) The person was 16 years of age or older at the time he or she committed the offense.\n(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.\n(C) The person was tried as an adult and convicted of an offense listed in subdivision (b) of Section 707.\n(D) The person was committed to the Department of\nthe Youth Authority\nCorrections and Rehabilitation, Division of Juvenile Justice\nfor the offense referred to in subparagraph (C).\n(4) The conviction of a person described by subdivision (a) may be used to enhance the punishment for a subsequent offense.\n(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.\n(c) Every person discharged from control by the\nYouth Authority Board\nBoard of Parole Hearings, Juvenile Division or from the county probation department by the juvenile court\nshall be informed of the provisions of this section in writing at the time of discharge.\n(d) \u201cHonorably discharged\u201d as used in this section means and includes every person whose discharge is based upon a good record on\nparole\nsupervised release\n.","title":""}
{"_id":"c88","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 11174.32 of the Penal Code is amended to read:\n11174.32.\n(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.\n(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.\n(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\u2019s Association and county child abuse prevention coordinating councils, may solicit suggestions and final comments from persons, including, but not limited to, the following:\n(1) Experts in the field of forensic pathology.\n(2) Pediatricians with expertise in child abuse.\n(3) Coroners and medical examiners.\n(4) Criminologists.\n(5) District attorneys.\n(6) Child protective services staff.\n(7) Law enforcement personnel.\n(8) Representatives of local agencies which are involved with child abuse or neglect reporting.\n(9) County health department staff who deals with children\u2019s health issues.\n(10) Local professional associations of persons described in paragraphs (1) to (9), inclusive.\n(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.\n(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.\n(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.\n(2) The following information may be disclosed pursuant to this subdivision:\n(A) Notwithstanding Section 56.10 of the Civil Code, medical information, unless disclosure is prohibited by federal law.\n(B) Notwithstanding Section 5328 of the Welfare and Institutions Code, mental health information.\n(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.\n(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.\n(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.\n(F) Notwithstanding Section 10850 of the Welfare and Institutions Code, records of in-home supportive services, unless disclosure is prohibited by federal law.\n(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.\n(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.\n(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\u2019s siblings unless the name has been publicly disclosed or is required to be disclosed by state law, federal law, or court order.\nSEC. 2.\nThe 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\u2019s 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:\nIn 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\u2019s right of access imposed by Section 1 of this act are necessary.","title":""}
{"_id":"c433","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nThe Legislature finds and declares all of the following:\n(a) California\u2019s climate is changing, posing an escalated threat to public health, the environment, the economy, and public and private property in the state. The increasing frequency of extreme weather events, including floods and heat waves, fires, rising sea levels, and changes in hydrology, including diminishing snowpacks and more frequent droughts, among other climate change impacts, will affect every part of residents\u2019 lives in the next century and beyond. Planning appropriately for these impacts will help us be better prepared for the future.\n(b) The impacts of climate change, including longer droughts, extended floods, prolonged fire seasons with larger and more intense fires, heat waves, and sea level rise, are already creating challenges for public health and safety and causing destructive property damage.\n(c) Climate change poses a threat not just to the lives and health of residents but also to the state\u2019s economy and to the financial health of our local governments.\n(d) According to the Natural Resources Agency\u2019s report, \u201cSafeguarding California: Reducing Climate Risk,\u201d state-of-the-art modeling shows that a single extreme winter storm in California could cost on the order of $725,000,000,000, including total direct property losses of nearly $400,000,000,000 and devastating impacts to residents, the economy, and natural resources.\n(e) Adapting to climate change, in addition to reducing the impacts of climate change on California\u2019s natural resources and infrastructure, is essential to protecting the state\u2019s environment and economy over time and will require coordination across all state departments and agencies.\n(f) Given the potential impacts and the long-term nature of effective planning, California needs to take action now.\nSEC. 2.\nPart 3.7 (commencing with Section 71150) is added to Division 34 of the Public Resources Code, to read:\nPART 3.7. Climate Change and Climate Adaptation\n71150.\nFor purposes of this part, the following terms have the following meanings:\n(a) \u201cAgency\u201d means the Natural Resources Agency.\n(b) \u201cCouncil\u201d means the Strategic Growth Council.\n(c) \u201cPlan\u201d means the Safeguarding California Plan.\n71152.\nIt is the intent of the Legislature to prioritize the state\u2019s response to the impacts resulting from climate change by ensuring all state departments and agencies prepare for and are ready to respond to the impacts of climate change, such as extreme weather events, the urban heat island effect, habitat loss, wildfire, sea-level rise, and drought. It also is the intent of the Legislature that the agency consider developing policies to address the impacts of climate change and climate adaptation with a focus on people, places, and water and that actions taken to address climate adaptation should be consistent with the plan.\n71153.\n(a) By July 1, 2017, and every three years thereafter, the agency shall update the state\u2019s climate adaptation strategy, known as the plan. As part of the update, the agency shall coordinate with other state agencies to identify a lead agency or group of agencies to lead adaptation efforts in each sector. The updates to the plan shall include all of the following:\n(1) Vulnerabilities to climate change by sector, as identified by the lead agency or group of agencies, and regions, including, at a minimum, the following sectors:\n(A) Water.\n(B) Energy.\n(C) Transportation.\n(D) Public health.\n(E) Agriculture.\n(F) Emergency services.\n(G) Forestry.\n(H) Biodiversity and habitat.\n(I) Ocean and coastal resources.\n(2) Priority actions needed to reduce risks in those sectors, as identified by the lead agency or group of agencies.\n(b) By January 1, 2017, and every three years thereafter, the agency shall release a draft plan. Between the release of the draft plan and the publication of the final update of the plan, the agency shall hold at least three public hearings for the purpose of providing an opportunity for the public to review and provide written and oral comments on the draft plan. The public hearings shall be held in northern California, the central valley of California, and southern California.\n(c) The agency shall annually report to the Legislature, consistent with Section 9795 of the Government Code, on actions taken by each applicable agency to implement the plan.\n71154.\nTo address the vulnerabilities identified in the plan, state agencies shall work to maximize, where applicable and feasible, the following objectives:\n(a) Educating the public about the consequences of climate change, such as sea-level rise, extreme weather events, the urban heat island effect, habitat loss, wildfire, drought, threats to infrastructure and agriculture, worsening air and water quality, and public health impacts.\n(b) Ensuring there is a continued repository for scientific data on climate change and climate adaptation in the state in order to facilitate educated state and local policy decisions and to help identify primary risks from climate change to residents, property, communities, and natural systems across the state.\n(c) (1) Promoting the use of the plan to inform planning decisions and ensure that state investments consider climate change impacts, as well as promote the use of natural systems and natural infrastructure, when developing physical infrastructure to address adaptation.\n(2) When developing infrastructure to address adaptation, where feasible, a project alternative should be developed that utilizes existing natural features and ecosystem processes or the restoration of natural features and ecosystem processes to meet the project\u2019s goals.\n(3) For purposes of this subdivision, \u201cnatural infrastructure\u201d means the preservation or restoration of ecological systems or the utilization of engineered systems that use ecological processes to increase resiliency to climate change, manage other environmental hazards, or both. This may include, but need not be limited to, flood plain and wetlands restoration or preservation, combining levees with restored natural systems to reduce flood risk, and urban tree planting to mitigate high heat days.\n(d) Encouraging regional collaborative planning efforts to address regional climate change impacts and adaptation strategies.\n(e) Promoting drought resiliency through an integrated water supply, delivery, and capture system that is coordinated and that can be resilient to a multiyear drought scenario while protecting water quality and the public health. Establishing both drought preparation programs, which will help create sustainable water systems in the future, and immediate drought response programs, which will reduce water demand or increase supply within one to five years of any declared drought.\n(f) Building resilient communities by developing urban greening projects that reduce air pollution and heat reflection in urban areas and create livable, sustainable communities in urban cores to promote infill development and reduce greenhouse gas emissions.\n(g) Protecting and enhancing habitat, species strongholds, and wildlife corridors that are critical to the preservation of species that are at risk from the consequences of climate change.\n(h) Promoting actions to ensure healthy soils and sustainable agriculture; inform reliable transportation planning; improve emergency management response across sectors; ensure sufficient, reliable, and safe energy; improve capacity to reduce and respond to public health threats; address the impacts of climate change on disadvantaged communities; and protect cultural resources from the impacts of climate change.\nSEC. 3.\nSection 75125 of the Public Resources Code is amended to read:\n75125.\nThe council shall do all of the following:\n(a) Identify and review activities and funding programs of state agencies that may be coordinated to improve air and water quality, improve natural resource protection, increase the availability of affordable housing, improve transportation, meet the goals of the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code) and the strategies and priorities developed in the state\u2019s climate adaptation strategy known as the Safeguarding California Plan adopted pursuant to Section 71152, encourage sustainable land use planning, and revitalize urban and community centers in a sustainable manner. At a minimum, the council shall review and comment on the five-year infrastructure plan developed pursuant to Article 2 (commencing with Section 13100) of Chapter 2 of Part 3 of Division 3 of Title 2 of the Government Code and the State Environmental Goals and Policy Report developed pursuant to Section 65041 of the Government Code.\n(b) Recommend policies and investment strategies and priorities to the Governor, the Legislature, and to appropriate state agencies to encourage the development of sustainable communities, such as those communities that promote equity, strengthen the economy, protect the environment, and promote public health and safety, consistent with subdivisions (a) and (c) of Section 75065.\n(c) Provide, fund, and distribute data and information to local governments and regional agencies that will assist in developing and planning sustainable communities.\n(d) Manage and award grants and loans to support the planning and development of sustainable communities, pursuant to Sections 75127, 75128, and 75129. To implement this subdivision, the council may do all of the following:\n(1) Develop guidelines for awarding financial assistance, including criteria for eligibility and additional consideration.\n(2) Develop criteria for determining the amount of financial assistance to be awarded. The council shall award a revolving loan to an applicant for a planning project, unless the council determines that the applicant lacks the fiscal capacity to carry out the project without a grant. The council may establish criteria that would allow the applicant to illustrate an ongoing commitment of financial resources to ensure the completion of the proposed plan or project.\n(3) Provide for payments of interest on loans made pursuant to this article. The rate of interest shall not exceed the rate earned by the Pooled Money Investment Board.\n(4) Provide for the time period for repaying a loan made pursuant to this article.\n(5) Provide for the recovery of funds from an applicant that fails to complete the project for which financial assistance was awarded. The council shall direct the Controller to recover funds by any available means.\n(6) Provide technical assistance for application preparation.\n(7) Designate a state agency or department to administer technical and financial assistance programs for the disbursing of grants and loans to support the planning and development of sustainable communities, pursuant to Sections 75127, 75128, and 75129.\n(e) Provide an annual report to the Legislature that shall include, but need not be limited to, all of the following:\n(1) A list of applicants for financial assistance.\n(2) Identification of which applications were approved.\n(3) The amounts awarded for each approved application.\n(4) The remaining balance of available funds.\n(5) A report on the proposed or ongoing management of each funded project.\n(6) Any additional minimum requirements and priorities for a project or plan proposed in a grant or loan application developed and adopted by the council pursuant to subdivision (c) of Section 75126.","title":""}
{"_id":"c309","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 44984 of the Education Code is amended to read:\n44984.\n(a) The governing board of a school district shall provide by rules and regulations for industrial accident and illness leaves of absence for all certificated employees. The governing board of a district that is created or whose boundaries or status is changed by an action to organize or reorganize districts completed after the effective date of this section shall provide by rules and regulations for these leaves of absence on or before the date on which the organization or reorganization of the district becomes effective for all purposes.\n(b) The rules or regulations shall include the following provisions:\n(1) Allowable leave shall be for not less than 60 days during which the schools of the district are required to be in session or when the employee would otherwise have been performing work for the district in any one fiscal year for the same accident.\n(2) Allowable leave shall not be accumulated from year to year.\n(3) Industrial accident or illness leave shall commence on the first day of absence.\n(4) (A)  When a certificated employee is absent from his or her duties on account of an industrial accident or illness, he or she shall be paid the portion of the salary due him or her for any month in which the absence occurs as, when added to his or her temporary disability indemnity under Division 4 or Division 4.5 of the Labor Code, will result in a payment to him or her of not more than his or her full salary.\n(B) The phrase \u201cfull salary\u201d as utilized in this subdivision shall be computed so that it shall not be less than the employee\u2019s \u201caverage weekly earnings\u201d as that phrase is utilized in Section 4453 of the Labor Code. For purposes of this section, however, the maximum and minimum average weekly earnings set forth in Section 4453 of the Labor Code shall otherwise not be deemed applicable.\n(5) Industrial accident or illness leave shall be reduced by one day for each day of authorized absence regardless of a temporary disability indemnity award.\n(6) When an industrial accident or illness leave overlaps into the next fiscal year, the employee shall be entitled to only the amount of unused leave due him or her for the same illness or injury.\n(c) Upon termination of the industrial accident or illness leave, the employee shall be entitled to the benefits provided in Sections 44977, 44978 and 44983, and for the purposes of each of these sections, the employee\u2019s absence shall be deemed to have commenced on the date of termination of the industrial accident or illness leave, provided that if the employee continues to receive temporary disability indemnity, the employee may elect to take as much of his or her accumulated sick leave which, when added to his or her temporary disability indemnity, will result in a payment to him or her of not more than his or her full salary.\n(d) The governing board of a district may, by rule or regulation, provide for an additional leave of absence for industrial accident or illness as it deems appropriate.\n(e) During a paid leave of absence, the employee may endorse to the district the temporary disability indemnity checks received on account of the employee\u2019s industrial accident or illness. The district, in turn, shall issue the employee appropriate salary warrants for payment of the employee\u2019s salary and shall deduct normal retirement, other authorized contributions, and the temporary disability indemnity, if any, actually paid to and retained by the employee for periods covered by the salary warrants.\n(f) In the absence of rules and regulations adopted by the governing board of a district pursuant to this section, an employee shall be entitled to industrial accident or illness leave as provided in this section but without limitation as to the number of days of this leave.\nSEC. 2.\nSection 45192 of the Education Code is amended to read:\n45192.\n(a) The governing board of a school district shall provide by rules and regulations for industrial accident or illness leaves of absence for employees who are a part of the classified service. The governing board of a district that is created or whose boundaries or status is changed by an action to organize or reorganize districts completed after the effective date of this section shall provide by rules and regulations for these leaves of absence on or before the date on which the organization or reorganization of the district becomes effective for all purposes.\n(b) The rules and regulations shall include the following provisions:\n(1) Allowable leave shall not be for less than 60 working days in any one fiscal year for the same accident.\n(2) Allowable leave shall not be accumulative from year to year.\n(3) Industrial accident or illness leave will commence on the first day of absence.\n(4) Payment for wages lost on any day shall not, when added to an award granted the employee under the workers\u2019 compensation laws of this state, exceed the normal wage for the day.\n(5) Industrial accident leave will be reduced by one day for each day of authorized absence regardless of a compensation award made under workers\u2019 compensation.\n(6) When an industrial accident or illness occurs at a time when the full 60 days will overlap into the next fiscal year, the employee shall be entitled to only that amount remaining at the end of the fiscal year in which the injury or illness occurred, for the same illness or injury.\n(c) The industrial accident or illness leave of absence is to be used in lieu of entitlement acquired under Section 45191. When entitlement to industrial accident or illness leave has been exhausted, entitlement or other sick leave will then be used; but if an employee is receiving workers\u2019 compensation the employee shall be entitled to use only so much of his or her accumulated or available sick leave, accumulated compensating time, vacation or other available leave that, when added to the workers\u2019 compensation award, provide for a full day\u2019s wage or salary.\n(d) The governing board of a district may, by rule or regulation, provide for as much additional leave of absence, paid or unpaid, as it deems appropriate and during this leave the employee may return to his or her position without suffering any loss of status or benefits. The employee shall be notified, in writing, that available paid leave has been exhausted, and shall be offered an opportunity to request additional leave.\n(e) A period of leave of absence, paid or unpaid, shall not be considered to be a break in service of the employee.\n(f) During a paid leave of absence, whether industrial accident leave as provided in this section, sick leave, vacation, compensated time off, or other available leave provided by law or the action of a governing board of a district, the employee shall endorse to the district wage loss benefit checks received under the workers\u2019 compensation laws of this state. The district, in turn, shall issue the employee appropriate warrants for payment of wages or salary and shall deduct normal retirement and other authorized contributions. Reduction of entitlement to leave shall be made only in accordance with this section.\n(g) When all available leaves of absence, paid or unpaid, have been exhausted and if the employee is not medically able to assume the duties of his or her position, the employee shall, if not placed in another position, be placed on a reemployment list for a period of 39 months. When available, during the 39-month period, the employee shall be employed in a vacant position in the class of the employee\u2019s previous assignment over all other available candidates except for a reemployment list established because of lack of work or lack of funds, in which case the employee shall be listed in accordance with appropriate seniority regulations.\n(h) The governing board of a district may require that an employee serve or have served continuously a specified period of time with the district before the benefits provided by this section are made available to the employee provided that this period shall not exceed three years and that all service of the employee prior to the effective date of this section shall be credited in determining compliance with the requirement.\n(i) In the absence of rules and regulations adopted by the governing board of a district, pursuant to this section, an employee shall be entitled to industrial and accident or illness leave as provided in this section but without limitation as to the number of days of this leave and without any requirement of a specified period of service.\n(j) An employee who has been placed on a reemployment list, as provided in this section, who has been medically released for return to duty and who fails to accept an appropriate assignment shall be dismissed.\n(k) This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240).\nSEC. 3.\nSection 87787 of the Education Code is amended to read:\n87787.\n(a) The governing board of a community college district shall provide by rules and regulations for industrial accident and illness leaves of absence for all academic employees. The governing board of a district that is created or whose boundaries or status is changed by an action to organize or reorganize districts completed after January 1, 1976, shall provide by rules and regulations for those leaves of absence on or before the date on which the organization or reorganization of the district becomes effective.\n(b) The rules or regulations shall include all of the following provisions:\n(1) Allowable leave shall be for not less than 60 days during which the schools of the district are required to be in session or when the employee would otherwise have been performing work for the district in any one fiscal year for the same accident.\n(2) Allowable leave shall not be accumulated from year to year.\n(3) Industrial accident or illness leave shall commence on the first day of absence.\n(4) (A) When an academic employee is absent from his or her duties on account of an industrial accident or illness, the employee shall be paid the portion of the salary due him or her for any month in which the absence occurs as, when added to his or her temporary disability indemnity under Division 4 (commencing with Section 3200) or Division 4.5 (commencing with Section 6100) of the Labor Code, will result in a payment to the employee of not more than his or her full salary.\n(B) The phrase \u201cfull salary,\u201d as utilized in this subdivision, shall be computed so that it shall not be less than the employee\u2019s \u201caverage weekly earnings\u201d as that phrase is utilized in Section 4453 of the Labor Code. For purposes of this section, however, the maximum and minimum average weekly earnings set forth in Section 4453 of the Labor Code shall otherwise not be deemed applicable.\n(5) Industrial accident or illness leave shall be reduced by one day for each day of authorized absence regardless of a temporary disability indemnity award.\n(6) When an industrial accident or illness leave overlaps into the next fiscal year, the employee shall be entitled to only the amount of unused leave due him or her for the same illness or injury.\n(c) Upon termination of the industrial accident or illness leave, the employee shall be entitled to the benefits provided in Sections 87780, 87781 and 87786, and, for the purposes of each of these sections, his or her absence shall be deemed to have commenced on the date of termination of the industrial accident or illness leave. However, if the employee continues to receive temporary disability indemnity, he or she may elect to take as much of his or her accumulated sick leave which, when added to his or her temporary disability indemnity, will result in a payment to the employee of not more than his or her full salary.\n(d) The governing board of a district, by rule or regulation, may provide for additional leave of absence for industrial accident or illness as it deems appropriate.\n(e) During a paid leave of absence, the employee may endorse to the district the temporary disability indemnity checks received on account of his or her industrial accident or illness. The district, in turn, shall issue the employee appropriate salary warrants for payment of the employee\u2019s salary and shall deduct normal retirement, other authorized contributions, and the temporary disability indemnity, if any, actually paid to and retained by the employee for periods covered by the salary warrants.\n(f) In the absence of rules and regulations adopted by the governing board of a district pursuant to this section, an employee shall be entitled to industrial accident or illness leave as provided in this section but without limitation as to the number of days of leave.\nSEC. 4.\nSection 88192 of the Education Code is amended to read:\n88192.\n(a) The governing board of a community college district shall provide, by rules and regulations, for industrial accident or illness leaves of absence for employees who are a part of the classified service. The governing board of a district that is created or whose boundaries or status is changed by an action to organize or reorganize districts completed after January 1, 1975, shall provide, by rules and regulations, for these leaves of absence on or before the date on which the organization or reorganization of the district becomes effective for all purposes.\n(b) The rules and regulations shall include all of the following provisions:\n(1) Allowable leave shall not be for less than 60 working days in any one fiscal year for the same accident.\n(2) Allowable leave shall not be accumulative from year to year.\n(3) Industrial accident or illness leave of absence will commence on the first day of absence.\n(4) Payment for wages lost on any day shall not, when added to an award granted the employee under the workers\u2019 compensation laws of this state, exceed the normal wage for the day.\n(5) Industrial accident leave will be reduced by one day for each day of authorized absence regardless of a compensation award made under workers\u2019 compensation.\n(6) When an industrial accident or illness occurs at a time when the full 60 days will overlap into the next fiscal year, the employee shall be entitled to only that amount remaining at the end of the fiscal year in which the injury or illness occurred, for the same illness or injury.\n(c) The industrial accident or illness leave of absence is to be used in lieu of entitlement acquired under Section 88191. When entitlement to industrial accident or illness leave has been exhausted, entitlement to other sick leave will then be used; but if an employee is receiving workers\u2019 compensation, the employee shall be entitled to use only so much of the his or her accumulated or available sick leave, accumulated compensating time, vacation or other available leave which, when added to the workers\u2019 compensation award, provide for a full day\u2019s wage or salary.\n(d) The governing board of a district, by rule or regulation, may provide for additional leave of absence, paid or unpaid, as it deems appropriate and during that leave the employee may return to the his or her position without suffering any loss of status or benefits.\n(e) A period of leave of absence, paid or unpaid, shall not be considered to be a break in service of the employee.\n(f) During a paid leave of absence, whether industrial accident leave as provided in this section, sick leave, vacation, compensated time off or other available leave provided by law or the action of a governing board of a district, the employee shall endorse to the district wage loss benefit checks received under the workers\u2019 compensation laws of this state. The district, in turn, shall issue the employee appropriate warrants for payment of wages or salary and shall deduct normal retirement and other authorized contributions. Reduction of entitlement to leave shall be made only in accordance with this section.\n(g) When all available leaves of absence, paid or unpaid, have been exhausted and if the employee is not medically able to assume the duties of his or her position, the employee, if not placed in another position, shall be placed on a reemployment list for a period of 39 months. When available, during the 39-month period, the employee shall be employed in a vacant position in the class of his or her previous assignment over all other available candidates except for a reemployment list established because of lack of work or lack of funds, in which case the employee shall be listed in accordance with appropriate seniority regulations.\n(h) The governing board of a district may require that an employee serve, or have served continuously, a specified period of time with the district before the benefits provided by this section are made available to the employee. However, that period shall not exceed three years. All service of an employee prior to the effective date of this section shall be credited in determining compliance with the requirement.\n(i) In the absence of rules and regulations adopted by the governing board of a district pursuant to this section, an employee shall be entitled to industrial and accident or illness leave as provided in this section but without limitation as to the number of days of that leave and without any requirement of a specified period of service.\n(j) An employee who has been placed on a reemployment list, as provided in this section, who has been medically released for return to duty and who fails to accept an appropriate assignment shall be dismissed.\nThis section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 3 (commencing with Section 88060).","title":""}
{"_id":"c259","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 27561.5 is added to the Food and Agricultural Code, to read:\n27561.5.\n(a) The department may refuse to issue, or may suspend or revoke, a certificate of registration if either of the following occur:\n(1) The applicant fails to pay in full by the due date a fine, fee, assessment, or penalty levied by the department for a violation of this chapter, including a violation that occurred before January 1, 2016.\n(2) The applicant has violated a provision of this chapter or any regulation adopted to implement this chapter.\n(b) The department may reverse its refusal to issue or its suspension or revocation of a certificate of registration if the department finds substantial grounds to do so.\n(c) (1) The department shall adopt regulations that do both of the following:\n(A) Establish procedures for an appeals process, including a noticed hearing, for a person who wishes to contest the department\u2019s refusal to issue a certificate of registration or the department\u2019s suspension or revocation of a certificate of registration.\n(B) Specify the maximum time period following the refusal to issue, suspension, or revocation of a certificate of registration during which the applicant shall not reapply for another egg handler or egg producer certificate of registration. The time period shall be based on the severity or number of violations of this chapter, and shall not exceed three years from the date of the original refusal to issue, suspension, or revocation of the certificate of registration.\n(2) Regulations adopted pursuant to this section shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.\nSEC. 2.\nSection 27581.1 is added to the Food and Agricultural Code, to read:\n27581.1.\n(a) On or before January 1, 2017, the secretary shall adopt regulations classifying violations of this chapter, or any regulation adopted pursuant to this chapter, as \u201cminor,\u201d subject to a penalty from fifty dollars ($50) to four hundred dollars ($400), inclusive, \u201cmoderate,\u201d subject to a penalty from four hundred one dollars ($401) to one thousand dollars ($1,000), inclusive, or \u201cserious,\u201d subject to a penalty from one thousand one dollars ($1,001) to ten thousand dollars ($10,000), inclusive.\n(b) The penalty schedule described in this section shall apply to civil penalties imposed pursuant to Section 27581.4 and administrative penalties imposed pursuant to Section 27583.\n(c) The department shall post on its Internet Web site when the penalty schedule described in this section has been adopted.\nSEC. 3.\nSection 27581.4 of the Food and Agricultural Code is amended to read:\n27581.4.\n(a) The secretary, or a commissioner for violations in his or her county, may bring a civil action against any person who violates this chapter or any regulation adopted pursuant to this chapter, and any person who commits that violation is liable civilly in an amount not to exceed ten thousand dollars ($10,000). The court shall set the civil penalty imposed for a violation of this chapter, or any regulation adopted pursuant to this chapter, in accordance with the penalty schedule adopted by the secretary pursuant to Section 27581.1.\n(b) Any money recovered by the secretary under this section shall be deposited in the Department of Food and Agriculture Fund for use by the department in administering this chapter, when appropriated to the department for that purpose.\n(c) Any money recovered by a commissioner under this section shall be deposited in the county\u2019s general fund.\nSEC. 4.\nSection 27583 is added to the Food and Agricultural Code, to read:\n27583.\n(a) In lieu of prosecution, the secretary or the commissioner may levy an administrative penalty, in an amount not to exceed ten thousand dollars ($10,000) and in accordance with Section 27583.2 or 27583.4, as applicable, against a person who violates this chapter or any regulation implemented pursuant to this chapter. Commencing on the date the department posts notice of the adoption of the penalty schedule described in Section 27581.1, a penalty levied pursuant to this section shall be in accordance with that schedule.\n(b) \u201cPerson,\u201d as used in this section, means anyone engaged in the business of producing, candling, grading, packing, or otherwise preparing shell eggs for market or who engages in the operation of selling or marketing eggs that he or she has produced, purchased, or acquired from a producer, or which he or she is marketing on behalf of a producer, whether as owner, agent, employee, or otherwise pursuant to this chapter.\nSEC. 5.\nSection 27583.2 is added to the Food and Agricultural Code, to read:\n27583.2.\nIf the secretary levies an administrative penalty pursuant to Section 27583, the following shall apply:\n(a) The person charged with the violation shall be notified of the proposed action in accordance with subdivision (b). The notice shall include the nature of the violation, the amount of the proposed administrative penalty, and the right to request a hearing to appeal the administrative action.\n(b) (1) Notice shall be sent by certified mail to one of the following:\n(A) The address of the person charged, as provided by any license or registration issued by the department, which is not limited to a certificate of registration issued pursuant to this chapter.\n(B) The address of an agent for service of process for the person charged, as filed with the Secretary of State.\n(C) If an address described in subparagraph (A) or (B) is not available, the last known address of the person charged.\n(2) Notice that is sent to any of the addresses described in paragraph (1) shall be considered received, even if delivery is refused or if the notice is not accepted at that address.\n(3) The person charged shall have the right to appeal the proposed action by requesting a hearing within 20 days of the issuance of the notice of the proposed action.\n(c) If a hearing is requested, the secretary shall schedule a hearing within 45 days of the request, with notice of the time and place of the hearing given at least 10 days before the date of the hearing. At the hearing, the person charged shall be given an opportunity to review the secretary\u2019s evidence and to present evidence on his or her own behalf. If a hearing is not timely requested, the secretary may take the proposed action without a hearing.\n(d) The secretary shall issue a decision within 30 days of the conclusion of the hearing, which shall become effective immediately.\n(e) The secretary shall send a copy of the notice of the proposed action to the commissioner of the county in which the violation took place at the same time notice is sent pursuant to subdivision (b). Additionally, the secretary shall inform the commissioner of the county in which the action was initiated of violations for which a penalty has been assessed.\n(f) If the proposed action is not overturned, in addition to the levy of an administrative penalty, the secretary may recover from the person charged any other reasonable costs incurred by the department in connection with administering the hearing to appeal the proposed action.\n(g) Revenues collected by the secretary pursuant to this section shall be deposited into the Department of Food and Agriculture Fund for use by the department in administering this chapter, when appropriated to the department for that purpose.\nSEC. 6.\nSection 27583.4 is added to the Food and Agricultural Code, to read:\n27583.4.\nIf a commissioner levies an administrative penalty pursuant to Section 27583, the following shall apply:\n(a) (1) Before an administrative penalty is levied, the person charged with the violation shall receive written notice of the proposed action in accordance with paragraph (2). The notice shall include the nature of the violation, the amount of the proposed penalty, and the right to request a hearing to appeal the administrative action.\n(2) (A) Notice shall be sent by certified mail to one of the following:\n(i) The address of the person charged, as provided by any license or registration issued by the department, which is not limited to a certificate of registration issued pursuant to this chapter.\n(ii) The address of an agent for service of process for the person charged, as filed with the Secretary of State.\n(iii) If an address described in clause (i) or (ii) is not available, the last known address of the person charged.\n(B) Notice that is sent to any of the addresses described in subparagraph (A) shall be considered received, even if delivery is refused or if the notice is not accepted at that address.\n(C) The person charged shall have the right to appeal the proposed action by requesting a hearing within 20 days of the issuance of the notice of the proposed action.\n(3) If a hearing is requested, the commissioner shall schedule a hearing within 45 days of the request, with notice of the time and place of the hearing given at least 10 days before the date of the hearing. At the hearing, the person charged shall be given an opportunity to review the commissioner\u2019s evidence and to present evidence on his or her own behalf. If a hearing is not timely requested, the commissioner may take the proposed action without a hearing. If the person charged, or his or her legal representative, fails to appear, the commissioner shall prevail in the proceedings.\n(4) The commissioner shall issue a decision within 30 days of the conclusion of the hearing, which shall become effective immediately.\n(5) The commissioner shall send a copy of the notice of the proposed action to the secretary at the same time notice is sent to the person charged with the violation.\n(b) If the person, upon whom the commissioner levied an administrative penalty, requested and appeared at a hearing, the person may appeal the commissioner\u2019s decision to the secretary within 30 days of the date of receiving a copy of the commissioner\u2019s decision. The following procedures apply to the appeal:\n(1) The appeal shall be in writing and signed by the appellant or his or her authorized agent, state the grounds for the appeal, and include a copy of the commissioner\u2019s decision. The appellant shall file a copy of the appeal with the commissioner at the same time it is filed with the secretary.\n(2) The appellant and the commissioner, at the time of filing the appeal, within 10 days thereafter, or at a later time prescribed by the secretary, may present the record of the hearing and a written argument to the secretary stating the ground for affirming, modifying, or reversing the commissioner\u2019s decision.\n(3) The secretary may grant oral arguments upon application made at the time written arguments are filed.\n(4) If an application to present an oral argument is granted, written notice of the time and place for the oral argument shall be given at least 10 days before the date set for oral argument. The times may be altered by mutual agreement of the appellant, the commissioner, and the secretary.\n(5) The secretary shall decide the appeal on the record of the hearing, including the written evidence and the written argument described in paragraph (2), that he or she has received. If the secretary finds substantial evidence in the record to support the commissioner\u2019s decision, the secretary shall affirm the decision.\n(6) The secretary shall render a written decision within 45 days of the date of appeal or within 15 days of the date of oral arguments or as soon thereafter as practical.\n(7) On an appeal pursuant to this section, the secretary may affirm the commissioner\u2019s decision, modify the commissioner\u2019s decision by reducing or increasing the amount of the penalty levied so that it is consistent with the penalty schedule described in Section 27581.1, or reverse the commissioner\u2019s decision. An administrative penalty increased by the secretary shall not be higher than that proposed in the commissioner\u2019s notice of proposed action given pursuant to subdivision (a). A copy of the secretary\u2019s decision shall be delivered or mailed to the appellant and the commissioner.\n(8) Any person who does not request a hearing with the commissioner pursuant to an administrative penalty assessed under subdivision (a) shall not file an appeal to the secretary pursuant to this subdivision.\n(c) If the proposed action is not overturned, in addition to the levy of an administrative penalty, the commissioner may recover from the person charged any other reasonable costs incurred by the commissioner in connection with administering the hearing to appeal the proposed action.\n(d) Revenues from administrative penalties levied by the commissioner shall be deposited in the general fund of the county and, upon appropriation by the board of supervisors, shall be used by the commissioner to carry out his or her responsibilities under this chapter. The commissioner shall inform the secretary of any violations for which a penalty has been assessed.\nSEC. 7.\nSection 27584 is added to the Food and Agricultural Code, to read:\n27584.\nIf a respondent in an administrative action agrees to stipulate to the notice of proposed action, a signed stipulation with the payment of the proposed administrative penalty shall be returned to the commissioner or secretary, as applicable, within 45 days of the postmark of the notice of the proposed action. If the stipulation and payment of the proposed administrative penalty are not received within 45 days, the commissioner or the secretary may file a certified copy of a final decision that directs the payment of an administrative penalty with the clerk of the superior court of any county. Judgment shall be entered immediately by the clerk in conformity with the decision. Pursuant to Section 6103 of the Government Code, no fees shall be charged by the clerk of the superior court for the performance of any official service required in connection with the entry of judgment pursuant to this section.\nSEC. 8.\nSection 27585 is added to the Food and Agricultural Code, to read:\n27585.\nAfter the exhaustion of the appeal and review of procedures provided in this article, the secretary or commissioner, or his or her representative, may file a certified copy of a final decision that directs the payment of an administrative penalty, and, if applicable, a copy of any decision of the secretary, or his or her authorized representative, and a copy of any order that denies a petition for a writ of administrative mandamus, with the clerk of the superior court of any county. Judgment shall be entered immediately by the clerk in conformity with the decision or order. Pursuant to Section 6103 of the Government Code, no fees shall be charged by the clerk of the superior court for the performance of any official service required in connection with the entry of judgment pursuant to this section.","title":""}
{"_id":"c33","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nArticle 7.5 (commencing with Section 18781) is added to Chapter 3 of Part 10.2 of Division 2 of the Revenue and Taxation Code, to read:\nArticle  7.5. Type 1 Diabetes Research Fund\n18781.\n(a) Any individual may designate on the tax return that a contribution in excess of the tax liability, if any, be made to the Type 1 Diabetes Research Fund established by Section 18782.\n(b) The contribution shall be in full dollar amounts and may be made individually by each signatory on the joint return.\n(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\u2019s account, do not exceed the individual\u2019s tax liability, the return shall be treated as though no designation has been made.\n(d) (1) The Franchise Tax Board shall revise the form of the return to include a space labeled \u201cType 1 Diabetes Research Fund\u201d 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 an authorized diabetes research organization.\n(2) Notwithstanding any other law, a voluntary contribution designation for the Type 1 Diabetes Research Fund shall not be added on the tax return until another voluntary contribution designation is removed or space is available, whichever occurs first.\n(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).\n18781.5.\nFor purposes of this article:\n(a) An \u201cauthorized diabetes research organization\u201d means either:\n(1) A university, located within the state, with a research program.\n(2) A nonprofit charitable organization exempt from federal income tax as an organization described in Section 501(c)(3) of the Internal Revenue Code that engages in research.\n(b) \u201cResearch\u201d shall include, but not be limited to, expenditures to develop and advance the understanding, techniques, and modalities effective in the cure, screening, and treatment of type 1 diabetes.\n18782.\nThere is hereby established in the State Treasury the Type 1 Diabetes Research Fund to receive contributions made pursuant to Section 18781. 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 18781 to be transferred to the Type 1 Diabetes Research Fund. The Controller shall transfer from the Personal Income Tax Fund to the Type 1 Diabetes Research Fund an amount not in excess of the sum of the amounts designated by individuals pursuant to Section 18781 for payment into that fund.\n18783.\nAll moneys transferred to the Type 1 Diabetes Research Fund pursuant to Section 18782, upon appropriation by the Legislature, shall be allocated as follows:\n(a) To the Franchise Tar 1 of the second calendar year and each subsequent calendar year that the Type 1 Diabetes Research Fund appears on the tax return, the Franchise Tax Board shall do both of the following:\n(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.\n(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.\n(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.\n(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 Type 1 Diabetes Research Fund on the personal income tax return or the minimum contribution amount as adjusted pursuant to subdivision (c).\n(c) For each calendar year, beginning with the third calendar year after the first appearance of the Type 1 Diabetes Research 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:\n(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.\n(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.","title":""}
{"_id":"c423","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nThe Legislature finds and declares all of the following:\n(a) California has been a national leader in promoting service and volunteerism, including support for youth service and the conservation corps, service learning, and statewide mentor initiatives.\n(b) Service learning is a powerful instructional strategy for improving the educational performance of pupils, along with contributing to the development of character, values, self-esteem, civic responsibility, and knowledge of local community issues and concerns.\n(c) This act is based on the results of numerous research studies that identify the following benefits associated with pupils who engage in quality service learning programs infusing well-planned service activity into the school curriculum, including, but not necessarily limited to, all of the following:\n(1) Pupil academic achievement increases, as demonstrated by higher standardized test scores and by higher grade point averages.\n(2) Pupils are less likely to drop out of school.\n(3) Pupils are less likely to have discipline problems, or to engage in behaviors that lead to pregnancy or arrest.\n(4) Pupils are likely to maintain higher attendance rates in school.\n(5) Pupils are more likely to develop a sense of civic responsibility and an ethic of service in their communities.\n(6) Pupils report greater acceptance of cultural diversity and show increased awareness of cultural differences, including positive attitudes toward helping others.\n(7) Pupils show increases in measures of personal and social responsibility, perceive themselves to be more socially competent, and are more likely to increase their sense of self-esteem and self-efficacy.\n(d) This act is intended to promote volunteer service performed by pupils, since research has demonstrated many positive outcomes of pupil volunteer service, including, but not necessarily limited to, all of the following:\n(1) Senior pupils who are engaged in volunteer work, whether through school or on their own, are likely to have significantly higher civics assessment scale scores than pupils who did not participate in volunteer work as reported by the National Assessment of Educational Progress in 1998.\n(2) Community leaders report that service learning partnerships help build more positive community attitudes toward youth.\n(3) Schools that support service learning and community service are more likely to have positive relationships with their community.\nSEC. 2.\nSection 51221.1 is added to the Education Code, to read:\n51221.1.\n(a) The Superintendent shall develop curriculum standards for\nsocial studies\ncourses that incorporate a service learning component in order to satisfy the requirements of\nsubparagraph (D) of paragraph (1)\nparagraph (3)\nof subdivision (a) of Section 51225.3. In developing the curriculum standards under this section, the Superintendent shall consult with leaders of community organizations, pupils, parents, classroom teachers, school administrators, postsecondary educators, representatives of business and industry, and other persons with knowledge or experience the Superintendent deems appropriate to the task of developing these curriculum standards. The persons the Superintendent consults with pursuant to this section shall represent, as much as feasible, the diverse regions and socioeconomic communities of this state.\n(b)\n(1)\nThe Superintendent shall submit the proposed curriculum standards developed under subdivision (a) to the state board for its review on or before\nJuly 1, 2016.\nMarch 1, 2017.\nThe state board shall adopt\nor reject\ncurriculum standards that incorporate a service learning component into\nsocial studies\ncourses on or before\nJanuary\nJuly\n1, 2017.\nThese\nIf the state board adopts the proposed curriculum standards, the\ncurriculum standards shall be implemented by school districts, commencing with the 2017\u201318 school year, as a component of\nsocial studies\ncourses in order to satisfy the requirements of\nsubparagraph (D) of\nparagraph\n(1)\n(3)\nof subdivision (a) of Section 51225.3.\n(2) If the state board rejects the curriculum standards proposed under this subdivision, the state board shall submit a written explanation of the reasons why the proposed curriculum standards were rejected to the Superintendent, the Legislature, and the Governor.\nSEC. 3.\nSection 51225.3 of the Education Code, as amended by Section 2 of Chapter 888 of the Statutes of 2014, is amended to read:\n51225.3.\n(a) A pupil shall complete\ncoursework in accordance with\nall of the following while in grades 9 to 12, inclusive, in order to receive a diploma of graduation from high school:\n(1) At least the following numbers of courses in the subjects specified, each course having a duration of one year, unless otherwise specified:\n(A) Three courses in English.\n(B) Two courses in mathematics. If the governing board of a school district requires more than two courses in mathematics for graduation, the governing board of the school district may award a pupil up to one mathematics course credit pursuant to Section 51225.35.\n(C) Two courses in science, including biological and physical sciences.\n(D) Three courses in social studies, including United States history and geography; world history, culture, and geography; a one-semester course in American government and civics; and a one-semester course in economics.\nCommencing with the high school class graduating during the 2020\u201321 school year, and for the high school classes graduating in each subsequent school year, at least one of the classes completed by a pupil to satisfy the requirements of this subparagraph shall have a service learning component.\n(E) One course in visual or performing arts or foreign language. For purposes of satisfying the requirement specified in this subparagraph, a course in American Sign Language shall be deemed a course in foreign language.\n(F) Two courses in physical education, unless the pupil has been exempted pursuant to the provisions of this code.\n(2) Other coursework requirements adopted by the governing board of the school district.\n(3) (A) Commencing with the high school class graduating during the 2020\u201321 school year, and for the high school classes graduating in each subsequent school year, at least one of the courses completed by a pupil to satisfy the requirements of this subdivision shall have a service learning component.\n(B) For purposes of this subdivision, \u201cservice learning\u201d is defined as follows:\n(i) It is a method through which pupils or participants learn and develop through active participation in thoughtfully organized service that: (I) is conducted in, and meets the needs of, a community; (II) is coordinated with a secondary school and with the community; and (III) helps foster civic responsibility.\n(ii) It is a method that: (I) is integrated into, and enhances, the standards-based academic curriculum of the pupils; and (II) provides structured time for the pupils or participants to reflect on the service experience.\n(b) The governing board of the school district, with the active involvement of parents, administrators, teachers, and pupils, shall adopt alternative means for pupils to complete the prescribed course of study that may include practical demonstration of skills and competencies, supervised work experience or other outside school experience, career technical education classes offered in high schools, courses offered by regional occupational centers or programs, interdisciplinary study, independent study, and credit earned at a postsecondary educational institution. Requirements for graduation and specified alternative modes for completing the prescribed course of study shall be made available to pupils, parents, and the public.\n(c) If a pupil completed a career technical education course that met the requirements of subparagraph (E) of paragraph (1) of subdivision (a) of Section 51225.3, as amended by the act adding this section, before the inoperative date of that section, that course shall be deemed to fulfill the requirements of subparagraph (E) of paragraph (1) of subdivision (a) of this section.\n(d) This section shall become operative upon the date that Section 51225.3, as amended by the act adding this section, becomes inoperative.\nSEC. 4.\nIf 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.","title":""}
{"_id":"c229","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 2220.05 of the Business and Professions Code is amended to read:\n2220.05.\n(a) In order to ensure that its resources are maximized for the protection of the public, the Medical Board of California shall prioritize its investigative and prosecutorial resources to ensure that physicians and surgeons representing the greatest threat of harm are identified and disciplined expeditiously. Cases involving any of the following allegations shall be handled on a priority basis, as follows, with the highest priority being given to cases in the first paragraph:\n(1) Gross negligence, incompetence, or repeated negligent acts that involve death or serious bodily injury to one or more patients, such that the physician and surgeon represents a danger to the public.\n(2) Drug or alcohol abuse by a physician and surgeon involving death or serious bodily injury to a patient.\n(3) Repeated acts of clearly excessive prescribing, furnishing, or administering of controlled substances, or repeated acts of prescribing, dispensing, or furnishing of controlled substances without a good faith prior examination of the patient and medical reason therefor. However, in no event shall a physician and surgeon prescribing, furnishing, or administering controlled substances for intractable pain consistent with lawful prescribing, including, but not limited to, Sections 725, 2241.5, and 2241.6 of this code and Sections 11159.2 and 124961 of the Health and Safety Code, be prosecuted for excessive prescribing and prompt review of the applicability of these provisions shall be made in any complaint that may implicate these provisions.\n(4) Repeated acts of clearly excessive recommending of cannabis to patients for medical purposes, or repeated acts of recommending cannabis to patients for medical purposes without a good faith prior examination of the patient and a medical reason for the recommendation.\n(5) Sexual misconduct with one or more patients during a course of treatment or an examination.\n(6) Practicing medicine while under the influence of drugs or alcohol.\n(7) Repeated acts of clearly excessive prescribing, furnishing, or administering psychotropic medications to a minor without a good faith prior examination of the patient and medical reason therefor.\n(b) The board may by regulation prioritize cases involving an allegation of conduct that is not described in subdivision (a). Those cases prioritized by regulation shall not be assigned a priority equal to or higher than the priorities established in subdivision (a).\n(c) The Medical Board of California shall indicate in its annual report mandated by Section 2312 the number of temporary restraining orders, interim suspension orders, and disciplinary actions that are taken in each priority category specified in subdivisions (a) and (b).\nSEC. 2.\nSection 2245 is added to the Business and Professions Code, to read:\n2245.\n(a) The Medical Board of California on a quarterly basis shall review the data provided pursuant to Section 14028 of the Welfare and Institutions Code by the State Department of Health Care Services and the State Department of Social Services in order to determine if any potential violations of law or excessive prescribing of psychotropic medications inconsistent with the standard of care exist and, if warranted, shall conduct an investigation.\n(b) The State Department of Health Care Services shall disseminate the treatment guidelines on an annual basis through its existing communications with Medi-Cal providers, such as the department\u2019s Internet Web site or provider bulletins.\n(c) If, after an investigation, the Medical Board of California concludes that there was a violation of law, the board shall take disciplinary action, as appropriate, as authorized by Section 2227.\n(d) If, after an investigation, the Medical Board of California concludes that there was excessive prescribing of psychotropic medications inconsistent with the standard of care, the board shall take action, as appropriate, as authorized by Section 2227.\n(e) (1) Notwithstanding Section 10231.5 of the Government Code, commencing July 1, 2017, the Medical Board of California shall report annually to the Legislature, the State Department of Health Care Services, and the State Department of Social Services the results of the analysis of data described in Section 14028 of the Welfare and Institutions Code.\n(2) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.\n(f) On or before January 1, 2022, and in conjunction with the consultation with the State Department of Social Services and the State Department of Health Care Services required by subdivision (a) of Section 14028 of the Welfare and Institutions Code, the Medical Board of California shall conduct an internal review of its data review, investigative, and disciplinary activities undertaken pursuant to this section for the purpose of determining the efficacy of those activities and shall revise its procedures relating to those activities, if determined to be necessary.\n(g) This section shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2027, deletes or extends that date.\nSEC. 3.\nSection 14028 is added to the Welfare and Institutions Code, to read:\n14028.\n(a) (1) In order to ensure appropriate oversight of psychotropic medications prescribed for children, pursuant to Section 2245 of the Business and Professions Code, the department and the State Department of Social Services, pursuant to a data-sharing agreement that shall meet the requirements of all applicable state and federal laws and regulations, shall provide the Medical Board of California with information regarding Medi-Cal physicians and their prescribing patterns of psychotropic medications and related services for individuals described in subparagraphs (B) and (C) of paragraph (1) of subdivision (c). The data concerning psychotropic medications and related services shall be drawn from existing data sources maintained by the departments. Every five years, the Medical Board of California, the department, and the State Department of Social Services shall consult and revise the methodology, if determined to be necessary.\n(2) At minimum, the department, on an annual basis, shall share with the Medical Board of California data, including, but not limited to, pharmacy claims data for all foster children who are or have been on three or more psychotropic medications for 90 days or more. Prior to the release of this data, personal identifiers such as name, date of birth, address, and social security number shall be removed and a unique identifier shall be submitted. For each foster child who falls into these categories, the department shall submit the following information to the board:\n(A) A list of the psychotropic medications prescribed.\n(B) The start and stop dates, if any, for each psychotropic medication prescribed.\n(C) The prescriber\u2019s name and contact information.\n(D) The child\u2019s or adolescent\u2019s year of birth.\n(E) Any other information that is deidentified and necessary to the Medical Board of California to allow the board to exercise its statutory authority as an oversight entity.\n(F) The unit and quantity of the medication and the number of days\u2019 supply of the medication.\n(b) The Medical Board of California shall contract for consulting services from, if available, a psychiatrist who has expertise and specializes in pediatric care for the purpose of reviewing the data provided to the board pursuant to subdivision (a). The consultant shall consider the treatment guidelines published by the department and the State Department of Social Services when assessing prescribing patterns.\n(c) The Medical Board of California, pursuant to subdivision (a), shall analyze prescribing patterns by population for both of the following:\n(1) Children adjudged as dependent children under Section 300 and placed in foster care.\n(2) A minor adjudged a ward of the court under Section 601 or 602 who has been removed from the physical custody of the parent and placed into foster care.\n(d) This section shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2027, deletes or extends that date.","title":""}
{"_id":"c312","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 4677 of the Welfare and Institutions Code is amended to read:\n4677.\n(a) (1) All parental fees collected by or for regional centers shall be remitted to the State Treasury to be deposited in the Developmental Disabilities Program Development Fund, which is hereby created in the State Treasury and hereinafter called the Program Development Fund. The purpose of the Program Development Fund shall be to provide resources needed to initiate new programs, and to expand or convert existing programs. Within the context of, and consistent with, approved priorities for program development in the state plan, program development funds shall promote integrated residential, work, instructional, social, civic, volunteer, and recreational services and supports that increase opportunities for self-determination and maximum independence of persons with developmental disabilities. Notwithstanding any other law or regulation, commencing July 1, 2009, parental fees remitted to the State Treasury shall be deposited in accordance with Section 4784.\n(2) In no event shall an allocation from the Program Development Fund be granted for more than 24 months.\n(b) (1) The State Council on Developmental Disabilities shall, at least once every five years, request from all regional centers information on the types and amounts of services and supports needed, but currently unavailable.\n(2) The state council shall work collaboratively with the department and the Association of Regional Center Agencies to develop standardized forms and protocols that shall be used by all regional centers and the state council in collecting and reporting this information. In addition to identifying services and supports that are needed, but currently unavailable, the forms and protocols shall also solicit input and suggestions on alternative and innovative service delivery models that would address consumer needs.\n(3) In addition to the information provided pursuant to paragraph (2), the state council may utilize information from other sources, including, but not limited to, public hearings, quality assurance assessments conducted pursuant to Section 4571, regional center reports on alternative service delivery submitted to the department pursuant to Section 4669.2, and the annual report on self-directed services produced pursuant to Section 4685.7.\n(4) The department shall provide additional information, as requested by the state council.\n(5) Based on the information provided by the regional centers and other agencies, the state council shall develop an assessment of the need for new, expanded, or converted community services and support, and make that assessment available to the public. The assessment shall include a discussion of the type and amount of services and supports necessary but currently unavailable including the impact on consumers with common characteristics, including, but not limited to, disability, specified geographic regions, age, and ethnicity, face distinct challenges. The assessment shall highlight alternative and innovative service delivery models identified through their assessment process.\n(6) This needs assessment shall be conducted at least once every five years and updated annually. The assessment shall be included in the state plan and shall be provided to the department and to the appropriate committees of the Legislature. The assessment and annual updates shall be made available to the public. The State Council on Developmental Disabilities, in consultation with the department, shall make a recommendation to the Department of Finance as to the level of funding for program development to be included in the Governor\u2019s Budget, based upon this needs assessment.\n(c) In addition to parental fees and General Fund appropriations, the Program Development Fund may be augmented by federal funds available to the state for program development purposes, when these funds are allotted to the Program Development Fund in the state plan. The Program Development Fund is available, upon appropriation by the Legislature, to the department, and subject to any allocations that may be made in the annual Budget Act. In no event shall any of these funds revert to the General Fund.\n(d) The department may allocate funds from the Program Development Fund for any legal purpose, provided that requests for proposals and allocations are approved by the state council in consultation with the department, and are consistent with the priorities for program development in the state plan. Allocations from the Program Development Fund shall take into consideration the following factors:\n(1) The future fiscal impact of the allocations on other state supported services and supports for persons with developmental disabilities.\n(2) (A) The information on priority services and supports needed, but currently unavailable, submitted by the regional centers.\n(B) Consistent with the level of need as determined in the state plan, excess parental fees may be used for purposes other than programs specified in subdivision (a) only when specifically appropriated to the State Department of Developmental Services for those purposes.\n(e) Under no circumstances shall the deposit of federal moneys into the Program Development Fund be construed as requiring the State Department of Developmental Services to comply with a definition of \u201cdevelopmental disabilities\u201d and \u201cservices for persons with developmental disabilities\u201d other than as specified in subdivisions (a) and (b) of Section 4512 for the purposes of determining eligibility for developmental services or for allocating parental fees and state general funds deposited in the Program Development Fund.\nSEC. 2.\nSection 4782 of the Welfare and Institutions Code is repealed.\nSEC. 3.\nSection 4784 of the Welfare and Institutions Code is amended to read:\n4784.\n(a) The Director of Developmental Services shall establish, annually review, and adjust as needed, a schedule of parental fees for services received through the regional centers. Effective July 1, 2009, this schedule shall be revised to reflect changes in economic conditions that affect parents\u2019 ability to pay the fee, but not to exceed an inflationary factor as determined by the department.\n(b) The parental fee schedule established pursuant to this section shall be exempt from Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.\n(c) In establishing the amount parents shall pay, the director shall take into account all of the following factors:\n(1) The current cost of caring for a child at home, as determined by the most recent data available from the United States Department of Agriculture\u2019s survey on the cost of raising a child in California, adjusted for the Consumer Price Index (CPI) from the survey date to the date of payment adjustment.\n(2) Medical expenses incurred prior to regional center care.\n(3) Whether the child is living at home.\n(4) Parental payments for medical expenses, clothing, incidentals, and other items considered necessary for the normal rearing of a child.\n(5) Transportation expenses incurred in visiting a child.\n(d) The parental fee schedule shall exempt families with an income below the federal poverty level from assessment and payment of the parental fee.\n(e) (1) The adjusted fee shall be assessed in full for children when the out-of-home placement commences on or after July 1, 2009.\n(2) For children placed out-of-home prior to July 1, 2009, the department shall determine the increase in the parental fee above the amount assessed using the fee schedule in effect on June 30, 2009. This fee increase shall be implemented over three years, with one-third of the increase added to the fee on July 1, 2009, one-third of the increase added to the fee on July 1, 2010, and the final third added to the fee on July 1, 2011.\n(f) Notwithstanding any other law, commencing July 1, 2009, all fees collected shall be remitted to the State Treasury to be deposited as follows:\n(1) Fees collected up to the amount that would be assessed using the fee schedule in effect on June 30, 2009, shall be deposited into the Program Development Fund established in Chapter 6 (commencing with Section 4670) to provide resources needed to initiate new programs, consistent with approved priorities for program development in the state plan.\n(2) Fees collected using the July 1, 2009, schedule that are greater than the amount that would have been assessed using the fee schedule in effect on June 30, 2009, shall be deposited into the Program Development Fund and shall be available for expenditure by the department to offset General Fund costs.\n(g) This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed.\nSEC. 4.\nSection 4784 is added to the Welfare and Institutions Code, to read:\n4784.\n(a) The department shall assess a monthly fee to parents of children under 18 years of age who are receiving 24-hour out-of-home care services through a regional center or as a resident of a state hospital when the family\u2019s gross income is above 200 percent of the federal poverty level.\n(b) The monthly parental fees and credits established pursuant to this section shall be exempt from Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.\n(c) A monthly parental fee described in this section shall be assessed beginning 60 days from the date of the child\u2019s placement in 24-hour out-of-home care.\n(d) For the purpose of assessing the fee, parents shall provide income documentation to the department within 30 days of the date the department requested the documentation. Income documentation shall include a copy of a parent\u2019s most recent federal tax return or a copy of each parent\u2019s most recent paystub or employer-provided earnings statement, issued within 60 days of the date the department requested the documentation. A self-employed parent shall document his or her income by providing a copy of his or her most recent federal tax return. A parent without income documentation shall report and certify his or her income on a form provided by the department.\n(e) (1) The monthly parental fee for parents who timely submit income documentation or from whom the department does not request income documentation shall be as follows:\n(A) Parents who have a family income of 201 percent to 300 percent, inclusive, of the current federal poverty level shall be assessed a monthly fee of 3 percent of their annual gross income, divided by 12.\n(B) Parents who have a family income of 301 percent to 400 percent, inclusive, of the current federal poverty level shall be assessed a monthly fee of 4 percent of their annual gross income, divided by 12.\n(C) Parents who have a family income of 401 percent to 500 percent, inclusive, of the current federal poverty level shall be assessed a monthly fee of 5 percent of their annual gross income, divided by 12.\n(D) Parents who have a family income of 501 percent or more of the current federal poverty level shall be assessed a monthly fee of 6 percent of their annual gross income, divided by 12.\n(2) The monthly parental fee for parents who fail to provide income documentation to the department within 30 days of the date the department requested the documentation shall be equivalent to the maximum monthly cost of caring for a child, as determined by the most recent data available from the United States Department of Agriculture\u2019s survey on the cost of raising a child in the west region. However, if parents whose monthly parental fee is calculated pursuant to this paragraph later provide the required income documentation, their monthly parental fee shall be recalculated pursuant to paragraph (1) and retroactively adjusted based on the income information provided.\n(3) A monthly parental fee assessed pursuant to this section shall not exceed the maximum monthly cost of caring for a child, as determined by the most recent data available from the United States Department of Agriculture\u2019s survey on the cost of raising a child in the west region, or the cost of the services provided, whichever is less.\n(4) A monthly parental fee assessed pursuant to this section shall be recalculated every 12 months, on the date of the original fee assessment, and within 60 days of the date a parent notifies the department of a change in family income or family size and provides updated income documentation, as described in subdivision (d).\n(5) Parents of children placed in 24-hour out-of-home care prior to July 1, 2016, shall have their initial monthly parental fee calculated, pursuant to the provisions of this section, at the time of their annual fee recalculation, or within 60 days of a parental request for review by the department and receipt of the family\u2019s completed family financial statement.\n(6) The department may grant a temporary waiver from paying the monthly parental fee for parents who substantiate, with receipts, an unavoidable and uninsured catastrophic loss with direct economic impact on the family or significant unreimbursed medical costs associated with care for a child who is a regional center consumer.\n(f) Parents who remove their child from 24-hour out-of-home care for a home visit for six or more consecutive hours during a 24-hour period shall be entitled to a credit equal to one day of the monthly parental fee. A credit shall be calculated by multiplying the parents\u2019 monthly parental fee by 12 and dividing that number by the number of days in the year. In order to receive a credit pursuant to this subdivision, parents shall submit a request to the department that is postmarked no later than 60 days after the day for which the credit was earned. Failure to comply with this requirement will result in a denial of the credit by the department.\n(g) All fees collected shall be remitted to the State Treasury to be deposited into the Program Development Fund established in Chapter 6 (commencing with Section 4670) to provide resources needed to initiate new programs, consistent with approved priorities for the program development in the state plan, or to be used by the department to offset General Fund costs.\n(h) Parents may appeal a determination of the amount of a monthly parental fee or the denial or amount of a credit requested pursuant to subdivision (f) by submitting a written appeal request to the director within 30 days of the date of the monthly parental fee confirmation letter or credit confirmation or denial letter. An appeal pursuant to this subdivision may consider only disputes concerning the family income used to set the monthly parental fee and the denial or amount of credit. The director, or his or her designee shall, within 30 days after receipt of the appeal, review the assessed monthly parental fee or credit denial or amount for accuracy and provide written notice of the decision to the appellant. The director or his or her designee shall, when deciding an appeal of a monthly parental fee, consider the income documentation and the calculation of the monthly parental fee described in subdivision (e). All decisions regarding monthly parental fee appeals shall be retroactive to the date the appealed monthly parental fee was assessed.\n(i) This section shall become operative on July 1, 2016.","title":""}
{"_id":"c62","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nIt is the intent of the Legislature to explore alternate approaches to ensure the continuation of broad coverage of pediatric hearing benefits upon expiration of this mandate, including exploring ways to add pediatric hearing as an essential health benefit, without incurring ongoing state costs.\nSECTION 1.\nSEC. 2.\nSection 1367.72 is added to the Health and Safety Code, to read:\n1367.72.\n(a) (1) A health care service plan contract issued, amended, or renewed on or after January 1, 2017, shall include coverage for hearing aids for all enrollees under 18 years of age when medically necessary.\n(2) Coverage for hearing aids includes an initial assessment, new hearing aids at least every five years, new ear molds, new hearing aids if alterations to existing hearing aids cannot meet the needs of the child, a new hearing aid if the existing one is no longer working, fittings, adjustments, auditory training, and maintenance of the hearing aids.\n(b) For purposes of this section, \u201chearing aid\u201d means an electronic device usually worn in or behind the ear of a deaf and hard of hearing person for the purpose of amplifying sound.\n(c) This section shall not apply to Medicare supplement, dental-only, or vision-only health care service plan contracts.\n(d) (1) This section shall become inoperative if the department receives a notification from the federal Centers for Medicare and Medicaid Services or any other applicable federal agency that this section constitutes a discriminatory age limitation under federal law and the state is required to defray the costs of requiring a plan contract to include coverage for hearing aids on behalf of enrollees who are 18 years of age or older pursuant to Section 1311 of the Patient Protection and Affordable Care Act (42 U.S.C. Sec. 18031(d)(3)).\n(2) This section shall become inoperative 30 days after the director executes a declaration, which shall be retained by the director, stating that the department received the notification described in paragraph (1). The director shall post the declaration on the department\u2019s Internet Web site, and the director shall send the declaration to the appropriate policy committees of the Legislature and to the Legislative Counsel.\n(e) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.\nSEC. 2.\nSEC. 3.\nSection 10123.72 is added to the Insurance Code, to read:\n10123.72.\n(a) (1) A health insurance policy issued, amended, or renewed on or after January 1, 2017, shall include coverage for hearing aids for all insureds under 18 years of age when medically necessary.\n(2) Coverage for hearing aids includes an initial assessment, new hearing aids at least every five years, new ear molds, new hearing aids if alterations to existing hearing aids cannot meet the needs of the child, a new hearing aid if the existing one is no longer working, fittings, adjustments, auditory training, and maintenance of the hearing aids.\n(b) For purposes of this section, \u201chearing aid\u201d means an electronic device usually worn in or behind the ear of a deaf and hard of hearing person for the purpose of amplifying sound.\n(c) This section shall not apply to accident-only, specified disease, hospital indemnity, Medicare supplement, dental-only, or vision-only health insurance policies.\n(d) (1) This section shall become inoperative if the department receives a notification from the federal Centers for Medicare and Medicaid Services or any other applicable federal agency that this section constitutes a discriminatory age limitation under federal law and the state is required to defray the costs of requiring a health insurance policy to include coverage for hearing aids on behalf of insureds who are 18 years of age or older pursuant to Section 1311 of the Patient Protection and Affordable Care Act (42 U.S.C. Sec. 18031(d)(3)).\n(2) This section shall become inoperative 30 days after the commissioner executes a declaration, which shall be retained by the commissioner, stating that the department received the notification described in paragraph (1). The commissioner shall post the declaration on the department\u2019s Internet Web site, and the commissioner shall send the declaration to the appropriate policy committees of the Legislature and to the Legislative Counsel.\n(e) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.\nSEC. 3.\nSEC. 4.\nNo reimbursement is required by this act pursuant to Section 6 of Article XIII\u2009B 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\u2009B of the California Constitution.","title":""}
{"_id":"c140","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 1367.031 is added to the Health and Safety Code, to read:\n1367.031.\n(a) A health care service plan contract that is issued, renewed, or amended on or after July 1, 2017, shall provide information to an enrollee regarding the standards for timely access to care adopted pursuant to Section 1367.03 and the information required by this section, including information related to receipt of interpreter services in a timely manner, no less than annually.\n(b) A health care service plan at a minimum shall provide information regarding appointment wait times for urgent care, nonurgent primary care, nonurgent specialty care, and telephone screening established pursuant to Section 1367.03 to enrollees and contracting providers. The information shall also include notice of the availability of interpreter services at the time of the appointment pursuant to Section 1367.04. A health care service plan may indicate that exceptions to appointment wait times may apply if the department has found exceptions to be permissible.\n(c) The information required to be provided pursuant to this section shall be provided to an enrollee with individual coverage upon initial enrollment and annually thereafter upon renewal, and to enrollees and subscribers with group coverage upon initial enrollment and annually thereafter upon renewal. A health care service plan may include this information with other materials sent to the enrollee. The information shall also be provided in the following manner:\n(1) In a separate section of the evidence of coverage titled \u201cTimely Access to Care.\u201d\n(2) At least annually, in or with newsletters, outreach, or other materials that are routinely disseminated to the plan\u2019s enrollees.\n(3) Commencing January 1, 2018, in a separate section of the provider directory published and maintained by the health care service plan pursuant to Section 1367.27. The separate section shall be titled \u201cTimely Access to Care.\u201d\n(4) On the Internet Web site published and maintained by the health care service plan, in a manner that allows enrollees and prospective enrollees to easily locate the information.\n(d) (1) A health care service plan shall provide the information required by this section to contracting providers on no less than an annual basis.\n(2) A health care service plan shall also inform a contracting provider of all of the following:\n(A) Information about a health care service plan\u2019s obligation under California law to provide or arrange for timely access to care.\n(B) How a contracting provider or enrollee can contact the health care service plan to obtain assistance if a patient is unable to obtain a timely referral to an appropriate provider.\n(C) The toll-free telephone number for the Department of Managed Health Care where providers and enrollees can file a complaint if they are unable to obtain a timely referral to an appropriate provider.\n(3) A health care service plan may comply with this subdivision by including the information with an existing communication with a contracting provider.\n(e) This section shall apply to Medi-Cal managed care plan contracts entered into with the State Department of Health Care Services pursuant to Chapter 7 (commencing with Section 14000) or Chapter 8 (commencing with Section 14200) of Part 3 of Division 9 of the Welfare and Institutions Code.\nSEC. 2.\nSection 10133.53 is added to the Insurance Code, to read:\n10133.53.\n(a) A health insurance policy that is issued, renewed, or amended on or after July 1, 2017, that provides benefits through contracts with providers for alternative rates pursuant to Section 10133 shall provide information to an insured regarding the standards for timely access to care adopted pursuant to Section 10133.5 and the information required by this section, including information related to receipt of interpreter services in a timely manner, no less than annually.\n(b) A health insurer that contracts with providers for alternative rates of payment pursuant to Section 10133 shall, at a minimum, provide information regarding appointment wait times for urgent care, nonurgent primary care, nonurgent specialty care, and telephone screening established pursuant to Section 10133.5 to insureds and contracting providers. The information shall also include notice of the availability of interpreter services at the time of the appointment pursuant to Section 10133.8. A health insurer may indicate that exceptions to appointment wait times may apply if the department has found exceptions to be permissible.\n(c) The information required to be provided pursuant to this section shall be provided to an insured with individual coverage upon initial enrollment and annually thereafter upon renewal, and to insureds and group policyholders with group coverage upon initial enrollment and annually thereafter upon renewal. An insurer may include this information with other materials sent to the insured. The information shall also be provided in the following manner:\n(1) In a separate section of the evidence of coverage titled \u201cTimely Access to Care.\u201d\n(2) At least annually, in or with newsletters, outreach, or other materials that are routinely disseminated to the policy\u2019s insureds.\n(3) Commencing January 1, 2018, in a separate section of the provider directory published and maintained by the insurer pursuant to Section 10133.15. The separate section shall be titled \u201cTimely Access to Care.\u201d\n(4) On the Internet Web site published and maintained by the insurer, in a manner that allows insureds and prospective insureds to easily locate the information.\n(d) (1) A health insurer shall provide the information required by this section to contracting providers on no less than an annual basis.\n(2) A health insurer shall also inform a contracting provider of all of the following:\n(A) Information about a health insurer\u2019s obligation under California law to provide or arrange for timely access to care.\n(B) How a contracting provider or insured can contact the health insurer to obtain assistance if a patient is unable to obtain a timely referral to an appropriate provider.\n(C) The toll-free telephone number for the Department of Insurance where providers and insureds can file a complaint if they are unable to obtain a timely referral to an appropriate provider.\n(3)  A health insurer may comply with this subdivision by including the information with an existing communication with a contracting provider.\nSEC. 3.\nNo reimbursement is required by this act pursuant to Section 6 of Article XIII\u2009B 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\u2009B of the California Constitution.","title":""}
{"_id":"c455","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nThe Legislature finds and declares all of the following:\n(a) The President\u2019s New Freedom Commission on Mental Health (2003) reported that the use of behavioral restraint and seclusion poses significant risks for adults and children, including serious injury or death, retraumatizing people with a history of trauma or abuse, the loss of dignity, and other psychological harm.\n(b) Although California currently requires the tracking and public reporting of the use of seclusion and restraint in state developmental centers and collects data regarding the use of restraint through the department\u2019s special incident reporting system, the data concerning the use of restraint in community residential and other long-term care facilities and acute psychiatric hospitals serving individuals with developmental disabilities is not publicly reported.\n(c) One of the best methods to achieve the goal of a reduction in the use of restraint is to ensure consistent data collection and analysis and public access to this data.\n(d) It is the intent of the Legislature in enacting this act to ensure that data regarding the use of restraint in community residential and other long-term care facilities and acute psychiatric hospitals is publicly available as a means of ensuring quality services to individuals with developmental disabilities and a reduction in the use of restraint.\nSEC. 2.\nSection 4436.5 is added to the Welfare and Institutions Code, to read:\n4436.5.\n(a) For the purposes of this section, the following definitions apply:\n(1) \u201cPhysical restraint\u201d means any behavioral or mechanical restraint as defined in Section 1180.1 of the Health and Safety Code.\n(2) \u201cChemical restraint\u201d means a drug that is used to control behavior and that is used in a manner not required to treat the patient\u2019s medical conditions.\n(3) \u201cLong-term health care facility\u201d means a facility, as defined in Section 1418 of the Health and Safety Code, that is required to report to a regional center pursuant to Section 54327 of Title 17 of the California Code of Regulations.\n(4) \u201cAcute psychiatric hospital\u201d means a facility, as defined in subdivision (b) of Section 1250 of the Health and Safety Code, including an institution for mental disease, that is a regional center vendor.\n(5) \u201cRegional center vendor\u201d means an agency, individual, or service provider that a regional center has approved to provide vendored or contracted services or supports pursuant to paragraph (3) of subdivision (a) of Section 4648.\n(b) The department shall ensure the consistent, timely, and public reporting of data it receives from regional centers pursuant to Section 54327 of Title 17 of the California Code of Regulations regarding the use of physical restraint, chemical restraint, or both, by all regional center vendors who provide residential services or supported living services pursuant to Section 4689, and by long-term health care facilities and acute psychiatric hospitals serving individuals with developmental disabilities.\n(c) The department shall publish quarterly on its Internet Web site the following data, segregated by individual regional center vendor that provides residential services or supported living services and each individual long-term health care facility and acute psychiatric hospital that serves persons with developmental disabilities:\n(1) The number of incidents of physical restraint.\n(2) The number of incidents of chemical restraint.\nSEC. 3.\nSection 4659.2 is added to the Welfare and Institutions Code, to read:\n4659.2.\n(a) For the purposes of this section, the following definitions apply:\n(1) \u201cPhysical restraint\u201d means any behavioral or mechanical restraint, as defined in Section 1180.1 of the Health and Safety Code.\n(2) \u201cChemical restraint\u201d means a drug that is used to control behavior and that is used in a manner not required to treat the patient\u2019s medical conditions.\n(3) \u201cSeclusion\u201d means involuntary confinement of a person alone in a room or an area as defined in subdivision (e) of Section 1180.1 of the Health and Safety Code.\n(4) \u201cLong-term health care facility\u201d means a facility, as defined in Section 1418 of the Health and Safety Code, that is required to report to a regional center pursuant to Section 54327 of Title 17 of the California Code of Regulations.\n(5) \u201cAcute psychiatric hospital\u201d means a facility, as defined in subdivision (b) of Section 1250 of the Health and Safety Code, including an institution for mental disease, that is a regional center vendor.\n(6) \u201cRegional center vendor\u201d means an agency, individual, or service provider that a regional center has approved to provide vendored or contracted services or supports pursuant to paragraph (3) of subdivision (a) of Section 4648.\n(b) All regional center vendors that provide residential services or supported living services, long-term health care facilities, and acute psychiatric hospitals shall report each death or serious injury of a person occurring during, or related to, the use of seclusion, physical restraint, or chemical restraint, or any combination thereof, to the agency designated pursuant to subdivision (i) of Section 4900 no later than the close of the business day following the death or serious injury. The report shall include the encrypted identifier of the person involved, and the name, street address, and telephone number of the facility.","title":""}
{"_id":"c125","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 12930 of the Government Code is amended to read:\n12930.\nThe department shall have the following functions, powers, and duties:\n(a) To establish and maintain a principal office and any other offices within the state as are necessary to carry out the purposes of this part.\n(b) To meet and function at any place within the state.\n(c) To appoint attorneys, investigators, conciliators, mediators, and other employees as it may deem necessary, fix their compensation within the limitations provided by law, and prescribe their duties.\n(d) To obtain upon request and utilize the services of all governmental departments and agencies and, in addition, with respect to housing discrimination, of conciliation councils.\n(e) To adopt, promulgate, amend, and rescind suitable procedural rules and regulations to carry out the investigation, prosecution, and dispute resolution functions and duties of the department pursuant to this part.\n(f) (1) To receive, investigate, conciliate, mediate, and prosecute complaints alleging practices made unlawful pursuant to Chapter 6 (commencing with Section 12940).\n(2) To receive, investigate, conciliate, mediate, and prosecute complaints alleging a violation of Section 51, 51.5, 51.7, 54, 54.1, or 54.2 of the Civil Code. The remedies and procedures of this part shall be independent of any other remedy or procedure that might apply.\n(3) To receive, investigate, conciliate, mediate, and prosecute complaints alleging, and to bring civil actions pursuant to Section 52.5 of the Civil Code for, a violation of Section 236.1 of the Penal Code. Damages awarded in any action brought by the department pursuant to Section 52.5 of the Civil Code shall be awarded to the person harmed by the violation of Section 236.1 of the Penal Code. Costs and attorney\u2019s fees awarded in any action brought by the department pursuant to Section 52.5 of the Civil Code shall be awarded to the department. The remedies and procedures of this part shall be independent of any other remedy or procedure that might apply.\n(g) In connection with any matter under investigation or in question before the department pursuant to a complaint filed under Section 12960, 12961, or 12980:\n(1) To issue subpoenas to require the attendance and testimony of witnesses and the production of books, records, documents, and physical materials.\n(2) To administer oaths, examine witnesses under oath and take evidence, and take depositions and affidavits.\n(3) To issue written interrogatories.\n(4) To request the production for inspection and copying of books, records, documents, and physical materials.\n(5) To petition the superior courts to compel the appearance and testimony of witnesses, the production of books, records, documents, and physical materials, and the answering of interrogatories.\n(h) To bring civil actions pursuant to Section 12965 or 12981 and to prosecute those civil actions before state and federal trial courts.\n(i) To issue those publications and those results of investigations and research as in its judgment will tend to promote good will and minimize or eliminate discrimination in employment on the bases enumerated in this part and discrimination in housing because of race, religious creed, color, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, familial status, disability, genetic information, or sexual orientation.\n(j) To investigate, approve, certify, decertify, monitor, and enforce nondiscrimination programs proposed by a contractor to be engaged in pursuant to Section 12990.\n(k) To render annually to the Governor and to the Legislature a written report of its activities and of its recommendations.\n(l) To conduct mediations at any time after a complaint is filed pursuant to Section 12960, 12961, or 12980. The department may end mediation at any time.\n(m) The following shall apply with respect to any accusation pending before the former Fair Employment and Housing Commission on or after January 1, 2013:\n(1) If an accusation issued under former Section 12965 includes a prayer either for damages for emotional injuries as a component of actual damages, or for administrative fines, or both, or if an accusation is amended for the purpose of adding a prayer either for damages for emotional injuries as a component of actual damages, or for administrative fines, or both, with the consent of the party accused of engaging in unlawful practices, the department may withdraw an accusation and bring a civil action in superior court.\n(2) If an accusation was issued under former Section 12981, with the consent of the aggrieved party filing the complaint an aggrieved person on whose behalf a complaint is filed, or the party accused of engaging in unlawful practices, the department may withdraw the accusation and bring a civil action in superior court.\n(3) Where removal to court is not feasible, the department shall retain the services of the Office of Administrative Hearings to adjudicate the administrative action pursuant to Sections 11370.3 and 11502.\n(n) On any Section 1094.5 Code of Civil Procedure challenge to a decision of the former Fair Employment and Housing Commission pending on or after January 1, 2013, the director or his or her designee shall consult with the Attorney General regarding the defense of that writ petition.","title":""}
{"_id":"c280","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 313.5 is added to the Vehicle Code, to read:\n313.5.\nAn \u201celectrically motorized board\u201d is any wheeled device that has a floorboard designed to be stood upon when riding that is not greater than 60 inches deep and 18 inches wide, is designed to transport only one person, and has an electric propulsion system averaging less than 1,000 watts, the maximum speed of which, when powered solely by a propulsion system on a paved level surface, is no more than 20 miles per hour. The device may be designed to also be powered by human propulsion.\nSEC. 2.\nSection 21113 of the Vehicle Code is amended to read:\n21113.\n(a) A person shall not drive a vehicle or animal, or stop, park, or leave standing a vehicle or animal, whether attended or unattended, upon the driveways, paths, parking facilities, or the grounds of any public school, state university, state college, unit of the state park system, county park, municipal airport, rapid transit district, transit development board, transit district, public transportation agency, county transportation commission created pursuant to Section 130050 of the Public Utilities Code, joint powers agency operating or managing a commuter rail system, or any property under the direct control of the legislative body of a municipality, or a state, county, or hospital district institution or building, or an educational institution exempted, in whole or in part, from taxation, or any harbor improvement district or harbor district formed pursuant to Part 2 (commencing with Section 5800) or Part 3 (commencing with Section 6000) of Division 8 of the Harbors and Navigation Code, a district organized pursuant to Part 3 (commencing with Section 27000) of Division 16 of the Streets and Highways Code, or state grounds served by the Department of the California Highway Patrol, or any property under the possession or control of a housing authority formed pursuant to Article 2 (commencing with Section 34240) of Chapter 1 of Part 2 of Division 24 of the Health and Safety Code, except with the permission of, and upon and subject to any condition or regulation that may be imposed by, the legislative body of the municipality, or the governing board or officer of the public school, state university, state college, county park, municipal airport, rapid transit district, transit development board, transit district, public transportation agency, county transportation commission, joint powers agency operating or managing a commuter rail system, or state, county, or hospital district institution or building, or educational institution, or harbor district, or a district organized pursuant to Part 3 (commencing with Section 27000) of Division 16 of the Streets and Highways Code, or housing authority, or the Direczed to do either of the following:\n(1) Enforce that condition or regulation in the manner provided in Article 3 (commencing with Section 40200) of Chapter 1 of Division 17 of this code. The public transportation agency shall be considered the issuing agency for that purpose.\n(2) Designate regularly employed and salaried employees, who are engaged in directing traffic or enforcing parking laws and regulations, for the purpose of removing any vehicle in the same manner as a city, county, or jurisdiction of a state agency pursuant to Chapter 10 (commencing with Section 22650) of Division 11 of this code.\n(e) With respect to the permitted use of vehicles or animals on property under the direct control of the legislative body of a municipality, no change in the use of vehicles or animals on the property, that had been permitted on January 1, 1976, shall be effective unless and until the legislative body, at a meeting open to the general public, determines that the use of vehicles or animals on the property should be prohibited or regulated.\n(f) A transit development board may adopt ordinances, rules, or regulations to restrict, or specify the conditions for, the use of bicycles, motorized bicycles, skateboards, electrically motorized boards, and roller skates on property under the control of, or any portion of property used by, the board.\n(g) A public agency, including, but not limited to, the Regents of the University of California and the Trustees of the California State University, may adopt rules or regulations to restrict, or specify the conditions for, the use of bicycles, motorized bicycles, skateboards, electrically motorized boards, and roller skates on public property under the jurisdiction of that agency.\n(h) \u201cHousing authority,\u201d for the purposes of this section, means a housing authority located within a county with a population of over 6,000,000 people, and any other housing authority that complies with the requirements of this section.\n(i) \u201cPublic transportation agency,\u201d for purposes of this section, means a public agency that provides public transportation as defined in paragraph (1) of subdivision (f) of Section 1 of Article XIX\u2009A of the California Constitution.\nSEC. 2.5.\nSection 21113 of the Vehicle Code is amended to read:\n21113.\n(a) A person shall not drive a vehicle or animal, or stop, park, or leave standing a vehicle or animal, whether attended or unattended, upon the driveways, paths, parking facilities, or the grounds of any public school, state university, state college, unit of the state park system, county park, municipal airport, rapid transit district, transit development board, transit district, public transportation agency, county transportation commission created pursuant to Section 130050 of the Public Utilities Code, joint powers agency operating or managing a commuter rail system, or any property under the direct control of the legislative body of a municipality, or a state, county, or hospital district institution or building, or an educational institution exempted, in whole or in part, from taxation, or any harbor improvement district or harbor district formed pursuant to Part 2 (commencing with Section 5800) or Part 3 (commencing with Section 6000) of Division 8 of the Harbors and Navigation Code, a district organized pursuant to Part 3 (commencing with Section 27000) of Division 16 of the Streets and Highways Code, or state grounds served by the Department of the California Highway Patrol, or any property under the possession or control of a housing authority formed pursuant to Article 2 (commencing with Section 34240) of Chapter 1 of Part 2 of Division 24 of the Health and Safety Code, except with the permission of, and upon and subject to any condition or regulation that may be imposed by, the legislative body of the municipality, or the governing board or officer of the public school, state university, state college, county park, municipal airport, rapid transit district, transit development board, transit district, public transportation agency, county transportation commission, joint powers agency operating or managing a commuter rail system, or state, county, or hospital district institution or building, or educational institution, or harbor district, or a district organized pursuant to Part 3 (commencing with Section 27000) of Division 16 of the Streets and Highways Code, or housing authority, or the Director of Parks and Recreation regarding units of the state park system or the state agency with jurisdiction over the grounds served by the Department of the California Highway Patrol.\n(b) A governing board, legislative body, or officer shall erect or place appropriate signs giving notice of any special conditions or regulations that are imposed under this section and the governing board, legislative body, or officer shall also prepare and keep available at the principal administrative office of the governing board, legislative body, or officer, for examination by all interested persons, a written statement of all those special conditions and regulations adopted pursuant to this section.\n(c) When a governing board, legislative body, or officer permits public traffic upon the driveways, paths, parking facilities, or grounds under their control then, except for those conditions imposed or regulations enacted by the governing board, legislative body, or officer applicable to the traffic, all the provisions of this code relating to traffic upon the highways shall be applicable to the traffic upon the driveways, paths, parking facilities, or grounds.\n(d) A public transportation agency that imposes any condition or regulation upon a person who parks or leaves standing a vehicle, pursuant to subdivision (a), is authorized to do either of the following:\n(1) Enforce that condition or regulation in the manner provided in Article 3 (commencing with Section 40200) of Chapter 1 of Division 17 of this code. The public transportation agency shall be considered the issuing agency for that purpose.\n(2) Designate regularly employed and salaried employees, who are engaged in directing traffic or enforcing parking laws and regulations, for the purpose of removing any vehicle in the same manner as a city, county, or jurisdiction of a state agency pursuant to Chapter 10 (commencing with Section 22650) of Division 11 of this code.\n(e) With respect to the permitted use of vehicles or animals on property under the direct control of the legislative body of a municipality, no change in the use of vehicles or animals on the property, that had been permitted on January 1, 1976, shall be effective unless and until the legislative body, at a meeting open to the general public, determines that the use of vehicles or animals on the property should be prohibited or regulated.\n(f) A transit development board may adopt ordinances, rules, or regulations to restrict, or specify the conditions for, the use of bicycles, motorized bicycles, electric bicycles, skateboards, electrically motorized boards, and roller skates on property under the control of, or any portion of property used by, the board.\n(g) A public agency, including, but not limited to, the Regents of the University of California and the Trustees of the California State University, may adopt rules or regulations to restrict, or specify the conditions for, the use of bicycles, motorized bicycles, electric bicycles, skateboards, electrically motorized boards, and roller skates on public property under the jurisdiction of that agency.\n(h) \u201cHousing authority,\u201d for the purposes of this section, means a housing authority located within a county with a population of over 6,000,000 people, and any other housing authority that complies with the requirements of this section.\n(i) \u201cPublic transportation agency,\u201d for purposes of this section, means a public agency that provides public transportation as defined in paragraph (1) of subdivision (f) of Section 1 of Article XIX\u2009A of the California Constitution.\nSEC. 3.\nArticle 7 (commencing with Section 21290) is added to Chapter 1 of Division 11 of the Vehicle Code, to read:\nArticle  7. Operation of Electrically Motorized Boards\n21290.\n(a) For purposes of this article, \u201cbikeway\u201d is defined in Section 890.4 of the Streets and Highways Code.\n(b) For purposes of this article, an \u201celectrically motorized board\u201d is defined in Section 313.5.\n21291.\nAn electrically motorized board shall be operated only by a person who is 16 years of age or older.\n21292.\nA person shall not operate an electrically motorized board upon a highway, bikeway, or any other public bicycle path, sidewalk, or trail, unless that person is wearing a properly fitted and fastened bicycle helmet that meets the standards described in Section 21212.\n21293.\n(a) Every electrically motorized board operated upon a highway during darkness shall be equipped with all of the following:\n(1) Except as provided in subdivision (b), a lamp emitting a white light that, while the electrically motorized board is in motion, illuminates the highway in front of the operator and is visible from a distance of 300 feet in front of the electrically motorized board.\n(2) Except as provided in subdivision (c), a red reflector on the rear that is visible from a distance of 500 feet to the rear when directly in front of lawful upper beams of headlamps on a motor vehicle.\n(3) Except as provided in subdivision (d), a white or yellow reflector on each side that is visible from a distance of 200 feet from the sides of the electrically motorized board.\n(b) A lamp or lamp combination, emitting a white light, attached to the operator and visible from a distance of 300 feet in front of the electrically motorized board, may be used in lieu of the lamp required by paragraph (1) of subdivision (a).\n(c) A red reflector, or reflectorizing material meeting the requirements of Section 25500, attached to the operator and visible from a distance of 500 feet to the rear when directly in front of lawful upper beams of headlamps on a motor vehicle, may be used in lieu of the reflector required by paragraph (2) of subdivision (a).\n(d) A white or yellow reflector, or reflectorizing material meeting the requirements of Section 25500, attached to the operator and visible from a distance of 200 feet from the sides of the electrically motorized board, may be used in lieu of the reflector required by paragraph (3) of subdivision (a).\n21294.\n(a) Electrically motorized boards shall only operate upon a highway designated with a speed limit of 35 miles per hour or less, unless the electrically motorized board is operated entirely within a designated Class II or Class IV bikeway.\n(b) A person shall not operate an electrically motorized board upon a highway, bikeway, or any other public bicycle path, sidewalk, or trail, at a speed in excess of 15 miles per hour.\n(c) Notwithstanding subdivision (b), a person shall not operate an electrically motorized board at a speed greater than is reasonable or prudent having due regard for weather, visibility, pedestrian and vehicular traffic, and the surface and width of the highway, bikeway, public bicycle path, sidewalk, or trail, and in no event at a speed that endangers the safety of any person or property.\n21295.\nThe Commissioner of the California Highway Patrol shall submit a report to the Legislature, on or before January 1, 2021, to assist in determining the effect that the use of electrically motorized boards has on traffic safety. The report shall include detailed statewide traffic collision data involving electrically motorized boards, including property damage only, injury, and fatal traffic collisions. The report shall be submitted in compliance with Section 9795 of the Government Code. Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2025.\n21296.\n(a) It is unlawful for a person to operate an electrically motorized board upon a highway while under the influence of an alcoholic beverage or any drug, or under the combined influence of an alcoholic beverage and any drug.\n(b) A person arrested for a violation of this section may request to have a chemical test made of his or her blood or breath for the purpose of determining the alcoholic or drug content of that person\u2019s blood pursuant to subdivision (d) of Section 23612, and, if so requested, the arresting officer shall have the test performed.\n(c) A conviction for a violation of this section shall be punished by a fine of not more than two hundred fifty dollars ($250).\nSEC. 4.\nSection 21960 of the Vehicle Code is amended to read:\n21960.\n(a) The Department of Transportation and local authorities, by order, ordinance, or resolution, with respect to freeways, expressways, or designated portions thereof under their respective jurisdictions, to which vehicle access is completely or partially controlled, may prohibit or restrict the use of the freeways, expressways, or any portion thereof by pedestrians, bicycles or other nonmotorized traffic or by any person operating a motor-driven cycle, motorized bicycle, motorized scooter, or electrically motorized board. A prohibition or restriction pertaining to bicycles, motor-driven cycles, motorized scooters, or electrically motorized boards shall be deemed to include motorized bicycles. A person shall not operate a motorized bicycle wherever that prohibition or restriction is in force. Notwithstanding any order, ordinance, or resolution to the contrary, the driver or passengers of a disabled vehicle stopped on a freeway or expressway may walk to the nearest exit, in either direction, on that side of the freeway or expressway upon which the vehicle is disabled, from which telephone or motor vehicle repair services are available.\n(b) The prohibitory regulation authorized by subdivision (a) shall be effective when appropriate signs giving notice thereof are erected upon any freeway or expressway and the approaches thereto. If any portion of a county freeway or expressway is contained within the limits of a city within the county, the county may erect signs on that portion as required under this subdivision if the ordinance has been approved by the city pursuant to subdivision (b) of Section 1730 of the Streets and Highways Code.\n(c) No ordinance or resolution of local authorities shall apply to any state highway until the proposed ordinance or resolution has been presented to, and approved in writing by, the Department of Transportation.\n(d) An ordinance or resolution adopted under this section on or after January 1, 2005, to prohibit pedestrian access to a county freeway or expressway shall not be effective unless it is supported by a finding by the local authority that the freeway or expressway does not have pedestrian facilities and pedestrian use would pose a safety risk to the pedestrian.\nSEC. 5.\nSection 21967 of the Vehicle Code is amended to read:\n21967.\nExcept as provided in Section 21968, a local authority may adopt rules and regulations by ordinance or resolution prohibiting or restricting persons from riding or propelling skateboards, or electrically motorized boards, on highways, sidewalks, or roadways.\nSEC. 6.\nSection 21968 of the Vehicle Code is amended to read:\n21968.\n(a) A motorized skateboard shall not be propelled on any sidewalk, roadway, or any other part of a highway or on any bikeway, bicycle path or trail, equestrian trail, or hiking or recreational trail.\n(b) For purposes of this section, an electrically motorized board, as defined in Section 313.5, is not a motorized skateboard.\nSEC. 7.\nSection 2.5 of this bill incorporates amendments to Section 21113 of the Vehicle Code proposed by both this bill and Assembly Bill 1096. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 21113 of the Vehicle Code, and (3) this bill is enacted after Assembly Bill 1096, in which case Section 2 of this bill shall not become operative.\nSEC. 8.\nNo reimbursement is required by this act pursuant to Section 6 of Article XIII\u2009B 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\u2009B of the California Constitution.","title":""}
{"_id":"c31","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nArticle 6.3 (commencing with Section 14197) is added to Chapter 7 of Part 3 of Division 9 of the Welfare and Institutions Code, to read:\nArticle  6.3. California Childhood Immunization Quality Improvement Fund (CCIQIF) Program\n14197.\n(a) The Legislature finds and declares all of the following:\n(1) The\n2014\u201415\n2014\u201315\noutbreaks of vaccine-preventable diseases threaten the health and safety of the California public.\n(2) Only 71 percent of young children in California between the ages of 19 to 35 months are immunized, which is below the national average of 75 percent, according to 2010 data reported by the Kaiser Family Foundation.\n(3) In 2013, 39,000\ntwo year olds\ntwo-year-olds\nlacked one or more recommended immunizations, according to the State Department of Health Care Services.\n(4) The social and direct economic costs of ensuring each child receives the Centers for Disease Control and Prevention Advisory Committee for Immunization Practices recommended schedule for vaccines far\noutweighs\noutweigh\nthe costs of not providing routine immunizations. It is estimated that for every\n$1\none dollar ($1)\nspent on vaccinations, as many as\n$29\ntwenty-nine dollars ($29)\ncan be saved in direct and indirect costs.\n(5) California children are required to be fully vaccinated before they enter kindergarten, with some exceptions. However, there are\nno\nfewer\nofficial requirements for younger children who are often more susceptible to dire consequences from vaccine-preventable diseases.\n(b) It is the intent of the Legislature, by enacting this chapter, to ensure that all possible steps are taken to ensure that\ntwo year old\ntwo-year-old\nchildren who are enrolled in Medi-Cal managed care receive all recommended immunizations.\n14197.1.\nFor purposes of this article, \u201cMedi-Cal managed care plan\u201d means any prepaid health plan or Medi-Cal managed care plan contracting with the department to provide services to enrolled Medi-Cal beneficiaries under this chapter or Chapter 8 (commencing with Section 14200).\n14197.2.\n(a) The department shall establish and administer the California Childhood Immunization Quality Improvement Fund (CCIQIF) program to improve childhood immunization rates.\n(b) (1) The department shall submit an application to the federal Centers for Medicare and Medicaid Services for a waiver or demonstration project to implement the CCIQIF program no later than\n120\n270\ndays after the operative date of this article. The department shall determine the form of waiver most appropriate to achieve the purposes of this article.\n(2) The demonstration project shall operate for a period of five years.\n(c) In developing the waiver or demonstration project application, the department shall consult with interested stakeholders, including the Medi-Cal Children\u2019s Health Advisory Panel and the Managed Care Advisory Workgroup. The department shall work with stakeholders to incorporate public comment into the waiver or demonstration project application.\n14197.3.\nThe department shall develop a plan for the collection and expenditure of CCIQIF moneys according to all of the following guidelines:\n(a) The CCIQIF program may be financed through voluntary contributions from Medi-Cal managed care plans that shall be used to draw down federal financial participation consistent with federal law.\n(b) The department shall allocate 33.3 percent of CCIQIF expenditures\nfor provider support payments\nfor use by the department for administrative staff, training, and other resources\nto support providers in employing strategies to improve immunization rates in their practices, which may include patient reminders, promotion of colocation vaccination delivery with other services, and other strategies as specified by the department after consideration of public comment.\nThe funds shall also be used to pay for the department\u2019s staffing and administrative costs directly attributable to implementing this article, including costs related to developing and seeking federal approval for the CCIQIF and administering the fund.\n(c) (1) The department shall allocate 66.7 percent of CCIQIF expenditures for reward payments to Medi-Cal managed care plans. The rate of the reward shall be\n$125\none hundred twenty-five dollars ($125)\nfor each enrollee who receives all recommended vaccinations by the time he or she reaches two years of age, as determined by the Childhood Immunization Status measure of the Healthcare Effectiveness Data and Information Set (HEDIS).\n(2) Any unearned reward payment expenditures shall roll over to the subsequent demonstration project year. If all reward payment expenditures are earned within a demonstration project year, no additional reward payments shall be distributed until the next demonstration project year begins.\n(d) At least 20 percent of the CCIQIF expenditures used for reward payments pursuant to subdivision (c) shall be passed through to contracted providers based on the number of Medi-Cal enrollees who are under two years of age in each provider\u2019s respective panel.\n14197.4.\n(a) The department shall contract with the University of California or any other researchers to develop and submit, in compliance with Section 9795 of the Government Code, to the Legislature an evaluation of the effectiveness of the demonstration project using data collected from the first three years of the waiver period or demonstration project. That evaluation shall be submitted within the fourth year of the waiver period or demonstration project.\n(b) The evaluation shall, at a minimum, include an assessment of the most effective administrative support strategies.\n(c) The evaluation shall be financed with no more than five percent of the total annual CCIQIF program expenditure dollars. During the waiver or demonstration project year that the evaluation is commissioned, CCIQIF provider support expenditures shall be reduced, commensurate with available funds, to offset the cost of the evaluation contract.\n14197.5.\nThis\nchapter\narticle\nshall be implemented only if and to the extent that federal financial participation is available and any necessary federal approvals have been obtained.\n14197.6.\n(a) This\nchapter\narticle\nshall become inoperative on the date that the Director of Health Care Services executes a declaration, which shall be retained by the director, stating that the demonstration project has concluded, and shall, six months after the date the declaration is executed, be repealed.\n(b) In addition to the requirements specified in subdivision (a), the director shall post the declaration on the department\u2019s Internet Web site and the director shall send the declaration to the appropriate policy committees of the Legislature and to the Legislative Counsel.","title":""}
{"_id":"c375","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 68152 of the Government Code is amended to read:\n68152.\nThe 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:\n(a) Civil actions and proceedings, as follows:\n(1) Except as otherwise specified: retain 10 years.\n(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.\n(3) Civil judgments for unlimited civil cases: retain permanently.\n(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.\n(5) If a party in a civil case appears by a guardian ad litem: retain for 10 years after termination of the court\u2019s jurisdiction.\n(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.\n(7) Family law, except as otherwise specified: retain for 30 years.\n(8) Adoption: retain permanently.\n(9) Parentage: retain permanently.\n(10) Change of name, gender, or name and gender: retain permanently.\n(11) Probate:\n(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.\n(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.\n(C) Substitutes for decedent estate administration:\n(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.\n(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.\n(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.\n(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\u2019s death, if that date is disclosed in the court\u2019s file.\n(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\u2019s death, if that date is disclosed in the court\u2019s file, or the date the ward reaches 23 years of age.\n(F) Compromise of minor\u2019s or disabled person\u2019s 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:\n(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.\n(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\u2019s death, if that date is disclosed in the court\u2019s file, or the date the minor reaches 23 years of age.\n(G) Trusts:\n(i) Proceedings under Part 5 (commencing with Section 17000) of Division 9 of the Probate Code: retain permanently.\n(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.\n(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 \u201cother records\u201d in the beneficiary\u2019s conservatorship or guardianship file under subparagraph (D) or (E), if any, or (II) five years after the date of the beneficiary\u2019s death, if that date is disclosed in the court\u2019s file.\n(H) All other proceedings under the Probate Code: retain as provided for civil cases.\n(12) Mental health:\n(A) Lanterman Developmental Disabilities Services Act: retain for 10 years.\n(B) Lanterman-Petris-Short Act: retain for 20 years.\n(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.\n(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.\n(13) Eminent domain: retain permanently.\n(14) Real property other than unlawful detainer: retain permanently if the action affects title or an interest in real property.\n(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.\n(b) Notwithstanding subdivision (a), any civil or small claims case in the trial court:\n(1) Involuntarily dismissed by the court for delay in prosecution or failure to comply with state or local rules: retain for one year.\n(2) Voluntarily dismissed by a party without entry of judgment: retain for one year.\n(c) Criminal actions and proceedings, as follows:\n(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, \u201ccapital felony\u201d 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.\n(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.\n(3) Felony reduced to a misdemeanor: retain in accordance with the retention period for the relevant misdemeanor.\n(4) Felony, if the charge is dismissed, except as provided in paragraph (6): retain for three years.\n(5) Misdemeanor, if the charge is dismissed, except as provided in paragraph (6): retain for one year.\n(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.\n(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.\n(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.\n(9) Misdemeanor reduced to an infraction: retain in accordance with the retention period for the relevant infraction.\n(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.\n(11) Criminal protective order: retain until the order expires or is terminated.\n(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.\n(13) Search warrant:\n(A) If there is no underlying case, retain for five years from the date of issue.\n(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.\n(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.\n(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.\n(d) Habeas corpus:\n(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.\n(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.\n(e) Juveniles:\n(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.\n(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.\n(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.\n(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.\n(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.\n(f) Court records of the appellate division of the superior court: retain for five years.\n(g) Other records:\n(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.\n(2) Body attachment: retain for same retention period as for records in the underlying case.\n(3) Bond: retain for three years after exoneration and release.\n(4) Court reporter notes:\n(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.\n(B) Civil and all other proceedings: retain notes for five years.\n(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:\n(A) Any time after final disposition of the case in infraction and misdemeanor proceedings.\n(B) After 10 years in all other criminal proceedings.\n(C) After five years in all other proceedings.\n(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.\n(7) Fee waiver applications: retain for the same retention period as for records in the underlying case.\n(8) Judgments within the jurisdiction of the superior court other than in a limited civil case, misdemeanor case, or infraction case: retain permanently.\n(9) Judgments in misdemeanor cases, infraction cases, and limited civil cases: retain for the same retention period as for records in the underlying case.\n(10) Juror proceedings, including sanctions: retain for one year.\n(11) Minutes: retain for the same retention period as for records in the underlying case.\n(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.\n(13) Naturalization index: retain permanently.\n(14) Index for cases alleging traffic violations: retain for the same retention period as for records in the underlying case.\n(15) Index, except as otherwise specified: retain permanently.\n(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.\n(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.\n(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.","title":""}
{"_id":"c321","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 49413 of the\nEducation Code\nis amended to read:\n49413.\n(a)(1)The Legislature finds and declares all of the following:\n(A)Sudden cardiac arrest is the leading cause of death in the United States.\n(B)Less than 8 percent of people who suffer cardiac arrest outside the hospital survive.\n(C)Effective bystander cardiopulmonary resuscitation (CPR) provided immediately after sudden cardiac arrest can double or triple a victim\u2019s chance of survival, but only 32 percent of cardiac arrest victims get CPR from a bystander.\n(2)In enacting this section, it is the intent of the Legislature to save lives by giving high school pupils the opportunity to develop psychomotor CPR skills.\n(b)A school district or school, individually or jointly with another school district or school, shall provide a comprehensive program in first aid and CPR training to pupils and employees. The program shall be developed using the following guidelines:\n(1)The school district or school collaborates with existing local resources, including, but not limited to, parent teacher associations, hospitals, school nurses, fire departments, and other local agencies that promote safety, to make first aid and CPR training available to the pupils and employees of the school district or school.\n(2)Each school district that develops a program, or the school district that has jurisdiction over a school that develops a program, compiles a list of resources for CPR information, to be distributed to all of the schools in the district.\n(3)The first aid and CPR training are based on standards that are at least equivalent to the standards currently used by the American Red Cross or the American Heart Association.\nSEC. 2.\nSECTION 1.\nSection 51202 of the Education Code is amended to read:\n51202.\nThe adopted course of study shall provide instruction at the appropriate elementary and secondary grade levels and subject areas in personal and public safety and accident prevention, including emergency first aid instruction, instruction in hemorrhage control, treatment for poisoning, resuscitation techniques, and cardiopulmonary resuscitation when appropriate equipment is available or when required pursuant to Section 51225.6; fire prevention; the protection and conservation of resources, including the necessity for the protection of our environment; and health, including venereal disease and the effects of alcohol, narcotics, drugs, and tobacco upon the human body. The health instruction may include prenatal care for pregnant women and violence as a public health issue.\nSEC. 3.\nSEC. 2.\nSection 51225.6 is added to the Education Code, to read:\n51225.6.\n(a)\nThe\nCommencing with the 2017\u201318 academic year, the\ngoverning board of a school district, and the governing body of a charter school, offering instruction to pupils in grades 9 to 12, inclusive, shall provide instruction in performing cardiopulmonary resuscitation (CPR) and the use of an automated external defibrillator (AED) as part of a physical education course or another course required for\ngraduation.\ngraduation pursuant to paragraph (1) of subdivision (a) Section 51225.3, or a course required by the local governing board of a school district for graduation pursuant to paragraph (2) of subdivision (a) Section 51225.3.\nThis instruction shall include all of the following:\n(1) An instructional program developed by the American Heart Association or the American Red Cross, or an instructional program that is nationally recognized and based on the most current national evidence-based emergency cardiovascular care guidelines for the performance of CPR and the use of an AED.\n(2) Training for pupils relative to the psychomotor skills necessary to perform CPR. For purposes of this paragraph, \u201cpsychomotor skills\u201d means skills that pupils are required to perform as hands-on practice to support cognitive learning.\nPupils receiving online instruction to satisfy the requirements of this section shall not be required to perform hands-on practice.\n(3) General information on the use and importance of an AED. The physical presence of an AED in the classroom is not required.\n(b) Except as specified in subparagraph (B) of paragraph (5), instruction required pursuant to this section may be provided by a person who is certified in CPR and who is any of the following:\n(1) A health care provider licensed pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code, the Osteopathic Initiative Act, as set forth in Chapter 8 (commencing with Section 3600) of Division 2 of the Business and Professions Code, or the Chiropractic Initiative Act, as set forth in Chapter 2 (commencing with Section 1000) of Division 2 of the Business and Professions Code.\n(2) A person certified pursuant to the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act (Division 2.5 (commencing with Section 1797) of the Health and Safety Code).\n(3) A peace officer, as defined in Section 830 of the Penal Code.\n(4) A firefighter, defined as any regularly employed and paid officer, employee, or member of a fire department or fire protection or firefighting agency of the State of California, a city, a county, a city and county, a district, or other public or municipal corporation or political subdivision of this state or member of an emergency reserve unit of a volunteer fire department or fire protection district.\n(5) (A) A teacher.\n(B) A teacher shall not be required to be certified in CPR to facilitate, provide, or oversee instruction pursuant to this section for training that does not provide CPR certification.\n(6) An instructor certified to teach CPR by the American Red Cross or the American Heart Association, or an instructor certified to teach an instructional program that is nationally recognized and based on the most current national evidence-based emergency cardiovascular care guidelines for the performance of CPR and the use of an AED.\n(c) If it is in accordance with the laws, rules, or regulations governing his or her profession, a person who provides instruction pursuant to subdivision (b) may apply the hours spent performing instruction toward fulfilling professional requirements for performing community service.\n(d) The governing board of a school district or the governing body of a charter school may adopt regulations to implement this section.\nSEC. 4.\nSEC. 3.\nIf 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.","title":""}
{"_id":"c343","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 53075.5 of the Government Code is amended to read:\n53075.5.\n(a) Notwithstanding Chapter 8 (commencing with Section 5351) of Division 2 of the Public Utilities Code, every city or county shall protect the public health, safety, and welfare by adopting an ordinance or resolution in regard to taxicab transportation service rendered in vehicles designed for carrying not more than eight persons, excluding the driver, which is operated within the jurisdiction of the city or county.\n(b) Each city or county shall provide for, but is not limited to providing for, the following:\n(1) A policy for entry into the business of providing taxicab transportation service. The policy shall include, but need not be limited to, all of the following provisions:\n(A) Employment, or an offer of employment, as a taxicab driver in the jurisdiction, including compliance with all of the requirements of the program adopted pursuant to paragraph (3), shall be a condition of issuance of a driver\u2019s permit.\n(B) The driver\u2019s permit shall become void upon termination of employment.\n(C) The driver\u2019s permit shall state the name of the employer.\n(D) The employer shall notify the city or county upon termination of employment.\n(E) The driver shall return the permit to the city or county upon termination of employment.\n(2) The establishment or registration of rates for the provision of taxicab transportation service.\n(3) (A) A mandatory controlled substance and alcohol testing certification program. The program shall include, but need not be limited to, all of the following requirements:\n(i) Drivers shall test negative for each of the controlled substances specified in Part 40 (commencing with Section 40.1) of Title 49 of the Code of Federal Regulations, before employment. Drivers shall test negative for these controlled substances and for alcohol as a condition of permit renewal or, if no periodic permit renewals are required, at such other times as the city or county shall designate. As used in this section, a negative test for alcohol means an alcohol screening test showing a breath alcohol concentration of less than 0.02 percent.\n(ii) Procedures shall be substantially as in Part 40 (commencing with Section 40.1) of Title 49 of the Code of Federal Regulations, except that the driver shall show a valid California driver\u2019s license at the time and place of testing, and except as provided otherwise in this section. Requirements for rehabilitation and for return-to-duty and followup testing and other requirements, except as provided otherwise in this section, shall be substantially as in Part 382 (commencing with Section 382.101) of Title 49 of the Code of Federal Regulations.\n(iii) A test in one jurisdiction shall be accepted as meeting the same requirement in any other jurisdiction. Any negative test result shall be accepted for one year as meeting a requirement for periodic permit renewal testing or any other periodic testing in that jurisdiction or any other jurisdiction, if the driver has not tested positive subsequent to a negative result. However, an earlier negative result shall not be accepted as meeting the pre-employment testing requirement for any subsequent employment, or any testing requirements under the program other than periodic testing.\n(iv) In the case of a self-employed independent driver, the test results shall be reported directly to the city or county, which shall notify the taxicab leasing company of record, if any, of positive results. In all other cases, the results shall be reported directly to the employing transportation operator, who may be required to notify the city or county of positive results.\n(v) All test results are confidential and shall not be released without the consent of the driver, except as authorized or required by law.\n(vi) Self-employed independent drivers shall be responsible for compliance with, and shall pay all costs of, this program with regard to themselves. Employing transportation operators shall be responsible for compliance with, and shall pay all costs of, this program with respect to their employees and potential employees, except that an operator may require employees who test positive to pay the costs of rehabilitation and of return-to-duty and followup testing.\n(vii) Upon the request of a driver applying for a permit, the city or county shall give the driver a list of the consortia certified pursuant to Part 382 (commencing with Section 382.101) of Title 49 of the Code of Federal Regulations that the city or county knows offer tests in or near the jurisdiction.\n(B) No evidence derived from a positive test result pursuant to the program shall be admissible in a criminal prosecution concerning unlawful possession, sale or distribution of controlled substances.\n(c) Each city or county may levy service charges, fees, or assessments in an amount sufficient to pay for the costs of carrying out an ordinance or resolution adopted in regard to taxicab transportation services pursuant to this section.\n(d) Nothing in this section prohibits a city or county from adopting additional requirements for a taxicab to operate in its jurisdiction.\n(e) For purposes of this section, \u201cemployment\u201d includes self-employment as an independent driver.\n(f) This section shall not apply to a city or county, other than the City and County of San Francisco, on the date upon which the Director of Finance notifies the Speaker of the Assembly and the President pro Tempore of the Senate of the completion of the state reorganization of transportation duties from the Public Utilities Commission to other agencies, if taxicab transportation services are included in the reorganization.\nSEC. 2.\nSection 53075.71 is added to the Government Code, to read:\n53075.71.\n(a) Notwithstanding any other law, taxicab transportation services and taxicab drivers shall be subject to rules or regulations adopted by a city or a county as those rules or regulations existed on July 1, 2016, except as follows:\n(1) Service charges, fees, or assessments levied on a taxicab company shall not exceed the amount in effect on July 1, 2016. No new or additional service charges, fees, or assessments shall be created.\n(2) Fees for the issuance of taxi driver permits shall not exceed seventy-five dollars ($75) annually.\n(3) A city or county shall not limit or prohibit prearranged trips, originated through dispatch, Internet Web site, or online-enabled application, by a licensed taxicab.\n(4) A city or county may limit the number of taxicab companies or vehicles that use taxi stand areas, pick up passengers at airports, or pick up street hails.\n(5) A city or county may set a maximum fare structure for taxicab transportation services, subject to the following:\n(A) The maximum fares shall not be lower than the fares that existed on July 1, 2016.\n(B) A city or county shall not limit the ability of a taxicab transportation service to offer fares lower than the maximum fare structure.\n(6) A city or county shall not regulate the type of device used by a taxicab company to calculate fares, including the use of global positioning system metering as a form of calculating fares. Taxicab companies shall disclose fares, fees, or rates to the customer before the customer accepts the ride so that the customer can make a knowledgeable decision. A taxicab company may disclose fares, fees, or rates on its Internet Web site or cellular telephone application.\n(7) Local rules and regulations adopted prior to July 1, 2016, that ensure adequate service levels to all areas of a city\u2019s or county\u2019s jurisdiction and promote use of taxicab transportation services by individuals covered under the Americans with Disabilities Act of 1990 (Public Law 101-336) shall remain in effect.\n(b) Subdivision (a) applies to a charter city or a charter county, other than the City and County of San Francisco.\nSEC. 3.\nSection 53075.72 is added to the Government Code, to read:\n53075.72.\nIt is the intent of the Legislature that:\n(a) Regulation of taxicab transportation services shall be modernized in order for taxicabs to better compete with all for-hire modes of transportation.\n(b) Taxicab regulation shall be moved from the patchwork of various local requirements to one state agency to coincide with the Governor\u2019s reorganization of transportation.\n(c) Duties and responsibilities for the regulation of taxicab transportation services shall be established by state departments within the agency that handles all other modes of for-hire transportation.\n(d) The Governor shall propose the specific budget and statutory changes needed to establish duties and responsibilities to the agency that handles all other modes of for-hire transportation.\n(e) Conforming changes shall be made to this code and other codes.\n(f) A city or county shall not impose any rule or regulation governing taxicab transportation services that is inconsistent with or in addition to the requirements established by state departments within the agency that handles all other modes of for-hire transportation.\nSEC. 4.\nThe Legislature finds and declares that taxicabs face a substantial competitive disadvantage due to the numerous and differing requirements from city to city while all other modes of for-hire transportation are regulated by one statewide entity, and, therefore, the regulation of taxicab transportation services and taxicab drivers is an issue of statewide concern and not a municipal affair, as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this act shall apply to charter cities and charter counties.\nSEC. 5.\nThe 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 medallion system of the City and County of San Francisco.\nSEC. 6.\nIf 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.","title":""}
{"_id":"c393","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 798.88 of the Civil Code, as amended by Section 1 of Chapter 99 of the Statutes of 2012, is amended to read:\n798.88.\n(a) In addition to any right under Article 6 (commencing with Section 798.55) to terminate the tenancy of a homeowner, any person in violation of a reasonable rule or regulation of a mobilehome park may be enjoined from the violation as provided in this section.\n(b) A petition for an order enjoining a continuing or recurring violation of any reasonable rule or regulation of a mobilehome park may be filed by the management thereof within the limited jurisdiction of the superior court of the county in which the mobilehome park is located. At the time of filing the petition, the petitioner may obtain a temporary restraining order in accordance with subdivision (a) of Section 527 of the Code of Civil Procedure. A temporary order restraining the violation may be granted, with notice, upon the petitioner\u2019s affidavit showing to the satisfaction of the court reasonable proof of a continuing or recurring violation of a rule or regulation of the mobilehome park by the named homeowner or resident and that great or irreparable harm would result to the management or other homeowners or residents of the park from continuance or recurrence of the violation.\n(c) A temporary restraining order granted pursuant to this subdivision shall be personally served upon the respondent homeowner or resident with the petition for injunction and notice of hearing thereon. The restraining order shall remain in effect for a period not to exceed 15 days, except as modified or sooner terminated by the court.\n(d) Within 15 days of filing the petition for an injunction, a hearing shall be held thereon. If the court, by clear and convincing evidence, finds the existence of a continuing or recurring violation of a reasonable rule or regulation of the mobilehome park, the court shall issue an injunction prohibiting the violation. The duration of the injunction shall not exceed three years.\n(e) However, not more than three months prior to the expiration of an injunction issued pursuant to this section, the management of the mobilehome park may petition under this section for a new injunction where there has been recurring or continuous violation of the injunction or there is a threat of future violation of the mobilehome park\u2019s rules upon termination of the injunction.\n(f) Nothing shall preclude a party to an action under this section from appearing through legal counsel or in propria persona.\n(g) The remedy provided by this section is nonexclusive and nothing in this section shall be construed to preclude or limit any rights the management of a mobilehome park may have to terminate a tenancy.\nSEC. 2.\nSection 798.88 of the Civil Code, as added by Section 2 of Chapter 99 of the Statutes of 2012, is repealed.\nSEC. 3.\nSection 85 of the Code of Civil Procedure, as amended by Section 3 of Chapter 99 of the Statutes of 2012, is amended to read:\n85.\nAn action or special proceeding shall be treated as a limited civil case if all of the following conditions are satisfied, and, notwithstanding any statute that classifies an action or special proceeding as a limited civil case, an action or special proceeding shall not be treated as a limited civil case unless all of the following conditions are satisfied:\n(a) The amount in controversy does not exceed twenty-five thousand dollars ($25,000). As used in this section, \u201camount in controversy\u201d means the amount of the demand, or the recovery sought, or the value of the property, or the amount of the lien, that is in controversy in the action, exclusive of attorneys\u2019 fees, interest, and costs.\n(b) The relief sought is a type that may be granted in a limited civil case.\n(c) The relief sought, whether in the complaint, a cross-complaint, or otherwise, is exclusively of a type described in one or more statutes that classify an action or special proceeding as a limited civil case or that provide that an action or special proceeding is within the original jurisdiction of the municipal court, including, but not limited to, the following provisions:\n(1) Section 798.61 or 798.88 of the Civil Code.\n(2) Section 1719 of the Civil Code.\n(3) Section 3342.5 of the Civil Code.\n(4) Section 86.\n(5) Section 86.1.\n(6) Section 1710.20.\n(7) Section 7581 of the Food and Agricultural Code.\n(8) Section 12647 of the Food and Agricultural Code.\n(9) Section 27601 of the Food and Agricultural Code.\n(10) Section 31503 of the Food and Agricultural Code.\n(11) Section 31621 of the Food and Agricultural Code.\n(12) Section 52514 of the Food and Agricultural Code.\n(13) Section 53564 of the Food and Agricultural Code.\n(14) Section 53069.4 of the Government Code.\n(15) Section 53075.6 of the Government Code.\n(16) Section 53075.61 of the Government Code.\n(17) Section 5411.5 of the Public Utilities Code.\n(18) Section 9872.1 of the Vehicle Code.\n(19) Section 10751 of the Vehicle Code.\n(20) Section 14607.6 of the Vehicle Code.\n(21) Section 40230 of the Vehicle Code.\n(22) Section 40256 of the Vehicle Code.\nSEC. 4.\nSection 85 of the Code of Civil Procedure, as added by Section 4 of Chapter 99 of the Statutes of 2012, is repealed.","title":""}
{"_id":"c65","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nItem 0650-001-3228 of Section 2.00 of the Budget Act of 2015 is amended to read:\n0650-001-3228\u2014For support of Office of Planning and Research, payable from the Greenhouse Gas Reduction Fund ........................\n\n\n1,199,000\n\n1,817,000\nSchedule:\n(1)\n0370-Strategic Growth Council ........................\n\n\n1,199,000\n\n1,817,000\nProvisions:\n1.\nFunds appropriated in this item shall count toward the share of annual proceeds continuously appropriated to the Strategic Growth Council as specified in subparagraph (C) of paragraph (1) of subdivision (b) of Section 39719 of the Health and Safety Code.\n2.\nOf the amount appropriated in this item, $500,000 shall be available to provide technical assistance to disadvantaged communities. The Strategic Growth Council shall report on the use of these funds at legislative budget hearings.\nSEC. 2.\nItem 2665-001-3228 is added to Section 2.00 of the Budget Act of 2015, to read:\n2665-001-3228\u2014For support of High-Speed Rail Authority, payable from the Greenhouse Gas Reduction Fund ........................\n103,000\nSchedule:\n(1)\n1970-Administration ........................\n103,000\nProvisions:\n1.\nFunds appropriated in this item shall count towards the share of annual proceeds continuously appropriated to the High Speed Rail Authority as specified in paragraph (2) of subdivision (b) of Section 39719 of the Health and Safety Code.\nSEC. 3.\nItem 3860-001-3228 is added to Section 2.00 of the Budget Act of 2015, to read:\n3860-001-3228\u2014For support of Department of Water Resources, payable from the Green House Gas Reduction Fund ........................\n1,000,000\nSchedule:\n(1)\n3230-Continuing Formulation of the California Water Plan ........................\n1,000,000\nProvisions:\n1.\nThe amount appropriated in this item shall be available for encumbrance or expenditure until June 30, 2017, and available for liquidation until June 30, 2019.\n2.\nThe funds appropriated in this item shall be available to administer a grant program for local agencies, joint powers authorities, or nonprofit organizations to implement residential, commercial, or institutional water efficiency programs or projects that reduce greenhouse gas emissions, and also reduce water and energy use.\nSEC. 4.\nItem 3860-101-3228 is added to Section 2.00 of the Budget Act of 2015, to read:\n3860-101-3228\u2014For local assistance, Department of Water Resources, payable from the Greenhouse Gas Reduction Fund ........................\n19,000,000\nSchedule:\n(1)\n3230-Continuing Formulation of the California Water Plan ........................\n19,000,000\nProvisions:\n1.\nThe amount appropriated in this item shall be available for encumbrance or expenditure until June 30, 2017, and available for liquidation until June 30, 2019.\n2.\nThe funds appropriated in this item shall be available for assistance to local agencies, joint powers authorities, or nonprofit organizations to implement residential, commercial, or institutional water efficiency programs or projects that reduce greenhouse gas emissions, and also reduce water and energy use.\nSEC. 5.\nItem 3900-001-3228 of Section 2.00 of the Budget Act of 2015 is amended to read:\n3900-001-3228\u2014For support of State Air Resources Board, payable from the Greenhouse Gas Reduction Fund ........................\n\n\n16,486,000\n\n18,686,000\nSchedule:\n(1)\n3510-Climate Change ........................\n\n\n16,486,000\n\n18,686,000\nProvisions:\n1.\nNotwithstanding any other provision of law, of the funds appropriated in this item, up to $1,000,000 is available to fund the Greenhouse Gas Reduction Fund expenditure project tracking system upon project approval by the Department of Technology, and shall be available for expenditure until June 30, 2017.\nSEC. 6.\nItem 3900-101-3228 is added to Section 2.00 of the Budget Act of 2015, to read:\n3900-101-3228\u2014For local assistance, State Air Resources Board, payable from the Greenhouse Gas Reduction Fund ........................\n90,000,000\nSchedule:\n(1)\n3510-Climate Change ........................\n90,000,000\nProvisions:\n1.\nNotwithstanding Section 16304.1 of the Government Code, the funds appropriated in this item shall be available for encumbrance until June 30, 2018, and be available for liquidation of encumbrances until June 30, 2021.\nSEC. 7.\nItem 4700-001-3228 of Section 2.00 of the Budget Act of 2015 is amended to read:\n4700-001-3228\u2014For support of Department of Community Services and Development, payable from the Greenhouse Gas Reduction Fund ........................\n\n\n4,700,000\n\n8,773,000\nSchedule:\n(1)\n4180-Energy Programs ........................\n\n\n4,700,000\n\n8,773,000\nProvisions:\n1.\nNotwithstanding any other provision of law, the department may transfer funds from this item to Item 4700-101-3228, upon the Department of Finance\u2019s approval.\n2.\nNotwithstanding any other provision of law, any unexpended funds of this appropriation as of June 30, 2016, shall be available for encumbrances in the subsequent fiscal year and for liquidation through June 30, 2018.\nSEC. 8.\nItem 4700-101-3228 is added to Section 2.00 of the Budget Act of 2015, to read:\n4700-101-3228\u2014For local assistance, Department of Community Services and Development, for Weatherization and Renewable Energy Projects, payable from the Greenhouse Gas Reduction Fund ........................\n70,000,000\nSchedule:\n(1)\n4180-Energy Programs ........................\n70,000,000\nProvisions:\n1.\nNotwithstanding any other provision of law, the department may transfer funds from this item to Item 4700-001-3228, upon the Department of Finance\u2019s approval.\n2.\nNotwithstanding any other provision of law, any unexpended funds of this appropriation as of June 30, 2016, shall be available for encumbrances in the subsequent fiscal year; and, available for liquidation through June 30, 2018.\nSEC. 9.\nItem 8570-001-3228 is added to Section 2.00 of the Budget Act of 2015, to read:\n8570-001-3228\u2014For support of Department of Food and Agriculture, payable from the Greenhouse Gas Reduction Fund ........................\n40,000,000\nSchedule:\n(1)\n6590-General Agricultural Activities ........................\n40,000,000\n(3)\n9900100-Administration ........................\n781,000\n(4)\n9900200-Administration\u2014Distributed ........................\n\u2212781,000\nProvisions:\n1.\nOf the funds appropriated in this item, $40,000,000 shall be available for expenditure or encumbrance until June 30, 2017, to support greenhouse gas emission reductions through water and energy efficiency grants promoting water and energy savings.\nSEC. 10.\nSection 39.00 of the Budget Act of 2015 is amended to read:\nSEC. 39.00.\nThe Legislature hereby finds and declares that the following bills are other bills providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution: AB 94, AB 95, AB 104, AB 105, AB 106, AB 107, AB 108, AB 109, AB 110, AB 111, AB 112, AB 113, AB 114, AB 115, AB 116, AB 117, AB 118, AB 119, AB 120, AB 121, AB 122, AB 123, AB 124, AB 125,\nAB 126,\nAB 127, AB 128, AB 129, AB 130, AB 131, AB 132, AB 133,\nAB 134,\nAB 135, AB 136, AB 137, AB 138, SB 70, SB 71, SB 72, SB 73, SB 74, SB 75, SB 76, SB 77, SB 78, SB 79, SB 80, SB 81, SB 82, SB 83, SB 84, SB 85, SB 86, SB 87, SB 88, SB 89, SB 90, SB 91, SB 92, SB 93, SB 94, SB 95, SB 96,\nSB 97,\nSB 98, SB 99, SB 100,\nSB 101,\nSB 102, SB 103, SB 104, SB 105, SB 106, SB 107, SB 108, and SB 109, in the form that these bills existed at the time that the act amending this section of the Budget Act of 2015 took effect.\nSEC. 11.\nThis act is a Budget Bill within the meaning of subdivision (c) of Section 12 of Article IV of the California Constitution and shall take effect immediately.\nSECTION 1.\nIt is the intent of the Legislature to enact statutory changes relating to the Budget Act of 2015.","title":""}
{"_id":"c363","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 6254.32 is added to the Government Code, to read:\n6254.32.\n(a) Notwithstanding any other law, including, but not limited to, Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, a recording made by a body worn camera is confidential and shall not be disclosed, except that the recording shall be disclosed to the person whose image is recorded by the body worn camera.\n(b) The following definitions shall apply to this section:\n(1) \u201cBody worn camera\u201d means a device attached to the uniform or body of a peace officer that records video, audio, or both, in a digital or analog format.\n(2) \u201cPeace officer\u201d means any person designated as a peace officer pursuant to Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code.\nSEC. 2.\nThe Legislature finds and declares that Section 1 of this act, which adds Section 6254.32 to the Government Code, imposes a limitation on the public\u2019s 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:\nThe need to protect individual privacy from the public disclosure of images captured by a body worn camera outweighs the interest in the public disclosure of that information.\nSEC. 3.\nThe Legislature finds and declares that Section 1 of this act, which adds Section 6254.32 to 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:\nProtecting the privacy of a person whose image is captured by body worn cameras on local peace officers enhances public safety and the protection of individual rights, thereby furthering the purposes of Section 3 of Article I of the California Constitution.\nSEC. 4.\nNo 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.\nSECTION 1.\nSection 832.7 of the\nPenal Code\nis amended to read:\n832.7.\n(a)Peace officer or custodial officer personnel records and records maintained by any state or local agency pursuant to Section 832.5, or information obtained from these records, are confidential and shall not be disclosed in any criminal or civil proceeding except by discovery pursuant to Sections 1043 and 1046 of the Evidence Code. This section shall not apply to investigations or proceedings concerning the conduct of peace officers or custodial officers, or an agency or department that employs those officers, conducted by a grand jury, a district attorney\u2019s office, or the Attorney General\u2019s office.\n(b)Notwithstanding subdivision (a), a department or agency shall release to the complaining party a copy of his or her own statements at the time the complaint is filed.\n(c)Notwithstanding subdivision (a), a department or agency that employs peace or custodial officers may disseminate data regarding the number, type, or disposition of complaints (sustained, not sustained, exonerated, or unfounded) made against its officers if that information is in a form that does not identify the individuals involved.\n(d)Notwithstanding subdivision (a), a department or agency that employs peace or custodial officers may release factual information concerning a disciplinary investigation if the officer who is the subject of the disciplinary investigation, or the officer\u2019s agent or representative, publicly makes a statement he or she knows to be false concerning the investigation or the imposition of disciplinary action. Information may not be disclosed by the peace or custodial officer\u2019s employer unless the false statement was published by an established medium of communication, including, but not limited to, television, radio, or a newspaper. Disclosure of factual information by the employing agency pursuant to this subdivision is limited to facts contained in the officer\u2019s personnel file concerning the disciplinary investigation or imposition of disciplinary action that specifically refute the false statements made public by the peace or custodial officer or his or her agent or representative.\n(e)(1)The department or agency shall provide written notification to the complaining party of the disposition of the complaint within 30 days of the disposition.\n(2)The notification described in this subdivision shall not be conclusive or binding or admissible as evidence in any separate or subsequent action or proceeding brought before an arbitrator, court, or judge of this state or the United States.\n(f)Nothing in this section shall affect the discovery or disclosure of information contained in a peace or custodial officer\u2019s personnel file pursuant to Section 1043 of the Evidence Code.","title":""}
{"_id":"c171","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 166 of the Penal Code is amended to read:\n166.\n(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:\n(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.\n(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.\n(3) A breach of the peace, noise, or other disturbance directly tending to interrupt the proceedings of the court.\n(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.\n(5) Resistance willfully offered by any person to the lawful order or process of a court.\n(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.\n(7) The publication of a false or grossly inaccurate report of the proceedings of a court.\n(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.\n(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.\n(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.\n(2) For the purposes of sentencing under this subdivision, each contact shall constitute a separate violation of this subdivision.\n(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.\n(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:\n(A) An order issued pursuant to Section 136.2.\n(B) An order issued pursuant to paragraph (2) of subdivision (a) of Section 1203.097.\n(C) An order issued after a conviction in a criminal proceeding involving elder or dependent adult abuse, as defined in Section 368.\n(D) An order issued pursuant to Section 1201.3.\n(E) An order described in paragraph (3).\n(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.\n(3) Paragraphs (1) and (2) apply to the following court orders:\n(A) An order issued pursuant to Section 6320 or 6389 of the Family Code.\n(B) An order excluding one party from the family dwelling or from the dwelling of the other.\n(C) An order enjoining a party from specified behavior that the court determined was necessary to effectuate the orders described in paragraph (1).\n(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 \u201ca credible threat\u201d 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.\n(5) The prosecuting agency of each county shall have the primary responsibility for the enforcement of the orders described in paragraph (1).\n(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.\n(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.\n(e) (1) If probation is granted upon conviction of a violation of subdivision (c), the court shall impose probation consistent with Section 1203.097.\n(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:\n(A) That the defendant make payments to a battered women\u2019s shelter, up to a maximum of one thousand dollars ($1,000).\n(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\u2019s offense.\n(3) For an order to pay a fine, make payments to a battered women\u2019s shelter, or pay restitution as a condition of probation under this subdivision or subdivision (c), the court shall make a determination of the defendant\u2019s ability to pay. In no event shall an order to make payments to a battered women\u2019s shelter be made if it would impair the ability of the defendant to pay direct restitution to the victim or court-ordered child support.\n(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.\n(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.\nSEC. 2.\nSection 368 of the Penal Code is amended to read:\n368.\n(a) The Legislature finds and declares that crimes against elders and dependent adults are deserving of special consideration and protection, not unlike the special protections provided for minor children, because elders and dependent adults may be confused, on various medications, mentally or physically impaired, or incompetent, and therefore less able to protect themselves, to understand or report criminal conduct, or to testify in court proceedings on their own behalf.\n(b) (1) Any person who knows or reasonably should know that a person is an elder or dependent adult and who, under circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits any elder or dependent adult to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any elder or dependent adult, willfully causes or permits the person or health of the elder or dependent adult to be injured, or willfully causes or permits the elder or dependent adult to be placed in a situation in which his or her person or health is endangered, is punishable by imprisonment in a county jail not exceeding one year, or by a fine not to exceed six thousand dollars ($6,000), or by both that fine and imprisonment, or by imprisonment in the state prison for two, three, or four years.\n(2) If, in the commission of an offense described in paragraph (1), the victim suffers great bodily injury, as defined in Section 12022.7, the defendant shall receive an additional term in the state prison as follows:\n(A) Three years if the victim is under 70 years of age.\n(B) Five years if the victim is 70 years of age or older.\n(3) If, in the commission of an offense described in paragraph (1), the defendant proximately causes the death of the victim, the defendant shall receive an additional term in the state prison as follows:\n(A) Five years if the victim is under 70 years of age.\n(B) Seven years if the victim is 70 years of age or older.\n(c) Any person who knows or reasonably should know that a person is an elder or dependent adult and who, under circumstances or conditions other than those likely to produce great bodily harm or death, willfully causes or permits any elder or dependent adult to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any elder or dependent adult, willfully causes or permits the person or health of the elder or dependent adult to be injured or willfully causes or permits the elder or dependent adult to be placed in a situation in which his or her person or health may be endangered, is guilty of a misdemeanor. A second or subsequent violation of this subdivision is punishable by a fine not to exceed two thousand dollars ($2,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment.\n(d) Any person who is not a caretaker who violates any provision of law proscribing theft, embezzlement, forgery, or fraud, or who violates Section 530.5 proscribing identity theft, with respect to the property or personal identifying information of an elder or a dependent adult, and who knows or reasonably should know that the victim is an elder or a dependent adult, is punishable as follows:\n(1) By a fine not exceeding two thousand five hundred dollars ($2,500), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, or by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years, or by both that fine and imprisonment, when the moneys, labor, goods, services, or real or personal property taken or obtained is of a value exceeding nine hundred fifty dollars ($950).\n(2) By a fine not exceeding one thousand dollars ($1,000), by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, when the moneys, labor, goods, services, or real or personal property taken or obtained is of a value not exceeding nine hundred fifty dollars ($950).\n(e) Any caretaker of an elder or a dependent adult who violates any provision of law proscribing theft, embezzlement, forgery, or fraud, or who violates Section 530.5 proscribing identity theft, with respect to the property or personal identifying information of that elder or dependent adult, is punishable as follows:\n(1) By a fine not exceeding two thousand five hundred dollars ($2,500), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, or by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years, or by both that fine and imprisonment, when the moneys, labor, goods, services, or real or personal property taken or obtained is of a value exceeding nine hundred fifty dollars ($950).\n(2) By a fine not exceeding one thousand dollars ($1,000), by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, when the moneys, labor, goods, services, or real or personal property taken or obtained is of a value not exceeding nine hundred fifty dollars ($950).\n(f) Any person who commits the false imprisonment of an elder or a dependent adult by the use of violence, menace, fraud, or deceit is punishable by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years.\n(g) As used in this section, \u201celder\u201d means any person who is 65 years of age or older.\n(h) As used in this section, \u201cdependent adult\u201d means any person who is between the ages of 18 and 64, who has physical or mental limitations which restrict his or her ability to carry out normal activities or to protect his or her rights, including, but not limited to, persons who have physical or developmental disabilities or whose physical or mental abilities have diminished because of age. \u201cDependent adult\u201d includes any person between the ages of 18 and 64 who is admitted as an inpatient to a 24-hour health facility, as defined in Sections 1250, 1250.2, and 1250.3 of the Health and Safety Code.\n(i) As used in this section, \u201ccaretaker\u201d means any person who has the care, custody, or control of, or who stands in a position of trust with, an elder or a dependent adult.\n(j) Nothing in this section shall preclude prosecution under both this section and Section 187 or 12022.7 or any other provision of law. However, a person shall not receive an additional term of imprisonment under both paragraphs (2) and (3) of subdivision (b) for any single offense, nor shall a person receive an additional term of imprisonment under both Section 12022.7 and paragraph (2) or (3) of subdivision (b) for any single offense.\n(k) In any case in which a person is convicted of violating these provisions, the court may require him or her to receive appropriate counseling as a condition of probation. Any defendant ordered to be placed in a counseling program shall be responsible for paying the expense of his or her participation in the counseling program as determined by the court. The court shall take into consideration the ability of the defendant to pay, and no defendant shall be denied probation because of his or her inability to pay.\n(l) Upon conviction for a violation of subdivision (b), (c), (d), (e), or (f), the sentencing court shall also consider issuing an order restraining the defendant from any contact with the victim, which may be valid for up to 10 years, as determined by the court. It is the intent of the Legislature that the length of any restraining order be based upon the seriousness of the facts before the court, the probability of future violations, and the safety of the victim and his or her immediate family. This protective order may be issued by the court whether the defendant is sentenced to state prison or county jail, or if imposition of sentence is suspended and the defendant is placed on probation.\nSEC. 3.\nNo reimbursement is required by this act pursuant to Section 6 of Article XIII\u2009B 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\u2009B of the California Constitution.","title":""}
{"_id":"c193","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 18601 of the Revenue and Taxation Code is amended to read:\n18601.\n(a) Except as provided in subdivision (b), (c), or (d), every taxpayer subject to the tax imposed by Part 11 (commencing with Section 23001) shall, on or before the 15th day of the fourth month following the close of its taxable year, transmit to the Franchise Tax Board a return in a form prescribed by it, specifying for the taxable year, all the facts as it may by rule, or otherwise, require in order to carry out this part. A tax return, disclosing net income for any taxable year, filed pursuant to Chapter 2 (commencing with Section 23101) or Chapter 3 (commencing with Section 23501) of Part 11 shall be deemed filed pursuant to the proper chapter of Part 11 for the same taxable period, if the chapter under which the return is filed is determined erroneous.\n(b) In the case of cooperative associations described in Section 24404, returns shall be filed on or before the 15th day of the ninth month following the close of its taxable year.\n(c) In the case of taxpayers required to file a return for a short period under Section 24634, the due date for the short period return shall be the same as the due date of the federal tax return that includes the net income of the taxpayer for that short period, or the due date specified in subdivision (a) if no federal return is required to be filed that would include the net income for that short period.\n(d) (1) In the case of an \u201cS corporation\u201d described in Section 1361 of the Internal Revenue Code, relating to S corporation defined, returns shall be filed on or before the 15th day of the third month following the close of its taxable year.\n(2) For taxable years beginning on or after January 1, 1997, each \u201cS corporation\u201d required to file a return under subdivision (a) for any taxable year shall, on or before the day on which the return for the taxable year was filed, furnish each person who is a shareholder at any time during the taxable year a copy of the information shown on the return.\n(e) For taxable years beginning on or after January 1, 1997:\n(1) A shareholder of an \u201cS corporation\u201d shall, on the shareholder\u2019s return, treat a Subchapter S item in a manner that is consistent with the treatment of the item on the corporate return.\n(2) (A) In the case of any Subchapter S item, paragraph (1) shall not apply to that item if both of the following occur:\n(i) Either of the following occurs:\n(I) The corporation has filed a return, but the shareholder\u2019s treatment of the item on the shareholder\u2019s return is, or may be, inconsistent with the treatment of the item on the corporate return.\n(II) The corporation has not filed a return.\n(ii) The shareholder files with the Franchise Tax Board a statement identifying the inconsistency.\n(B) A shareholder shall be treated as having complied with clause (ii) of subparagraph (A) with respect to a Subchapter S item if the shareholder does both of the following:\n(i) Demonstrates to the satisfaction of the Franchise Tax Board that the treatment of the Subchapter S item on the shareholder\u2019s return is consistent with the treatment of the item on the schedule furnished to the shareholder by the corporation.\n(ii) Elects to have this paragraph apply with respect to that item.\n(3) In any case described in subclause (I) of clause (i) of subparagraph (A) of paragraph (2), and in which the shareholder does not comply with clause (ii) of subparagraph (A) of paragraph (2), any adjustment required to make the treatment of the items by the shareholder consistent with the treatment of the items on the corporate return shall be treated as arising out of a mathematical error and assessed and collected under Section 19051.\n(4) For purposes of this subdivision, \u201cSubchapter S item\u201d means any item of an \u201cS corporation\u201d to the extent provided by regulations that, for purposes of Part 10 (commencing with Section 17001) or this part, the item is more appropriately determined at the corporation level than at the shareholder level.\n(5) The penalties imposed under Article 7 (commencing with Section 19131) of Chapter 4 shall apply in the case of a shareholder\u2019s negligence in connection with, or disregard of, the requirements of this section.\n(f) The amendments made to this section by the act adding this subdivision shall apply to returns for taxable years beginning on or after January 1, 2016.\nSEC. 2.\nSection 18633 of the Revenue and Taxation Code is amended to read:\n18633.\n(a) (1) Every partnership, on or before the 15th day of the third month following the close of its taxable year, shall make a return for that taxable year, stating specifically the items of gross income and the deductions allowed by Part 10 (commencing with Section 17001). Except as otherwise provided in Section 18621.5, the return shall include the names, addresses, and taxpayer identification numbers of the persons, whether residents or nonresidents, who would be entitled to share in the net income if distributed and the amount of the distributive share of each person. The return shall contain or be verified by a written declaration that it is made under penalty of perjury, signed by one of the partners.\n(2) In addition to returns required by paragraph (1), every limited partnership subject to the tax imposed by subdivision (b) of Section 17935, on or before the 15th day of the third month following the close of its taxable year, shall make a return for that taxable year, containing the information identified in paragraph (1). In the case of a limited partnership not doing business in this state, the Franchise Tax Board shall prescribe the manner and extent to which the information identified in paragraph (1) shall be included with the return required by this paragraph.\n(b) Each partnership required to file a return under subdivision (a) for any taxable year shall (on or before the day on which the return for that taxable year was required to be filed) furnish to each person who is a partner or who holds an interest in that partnership as a nominee for another person at any time during that taxable year a copy of the information required to be shown on that return as may be required by regulations.\n(c) Any person who holds an interest in a partnership as a nominee for another person shall do both of the following:\n(1) Furnish to the partnership, in the manner prescribed by the Franchise Tax Board, the name, address, and taxpayer identification number of that other person, and any other information for that taxable year as the Franchise Tax Board may by form and regulation prescribe.\n(2) Furnish to that other person, in the manner prescribed by the Franchise Tax Board, the information provided by that partnership under subdivision (b).\n(d) The provisions of Section 6031(d) of the Internal Revenue Code, relating to the separate statement of items of unrelated business taxable income, shall apply.\n(e) The provisions of Section 6031(f) of the Internal Revenue Code, relating to electing investment partnerships, shall apply, except as otherwise provided.\n(f) The amendments made to this section by the act adding this subdivision shall apply to returns for taxable years beginning on or after January 1, 2016.\nSEC. 3.\nSection 18633.5 of the Revenue and Taxation Code is amended to read:\n18633.5.\n(a) Every limited liability company that is classified as a partnership for California tax purposes that is doing business in this state, organized in this state, or registered with the Secretary of State shall file its return on or before the 15th day of the third month following the close of its taxable year, stating specifically the items of gross income and the deductions allowed by Part 10 (commencing with Section 17001). The return shall include the names, addresses, and taxpayer identification numbers of the persons, whether residents or nonresidents, who would be entitled to share in the net income if distributed and the amount of the distributive share of each person. The return shall contain or be verified by a written declaration that it is made under penalty of perjury, signed by one of the limited liability company members. In the case of a limited liability company not doing business in this state, and subject to the tax imposed by subdivision (b) of Section 17941, the Franchise Tax Board shall, for returns required to be filed on or after January 1, 1998, prescribe the manner and extent to which the information identified in this subdivision shall be included with the return required by this subdivision.\n(b) Each limited liability company required to file a return under subdivision (a) for any limited liability company taxable year shall, on or before the day on which the return for that taxable year was required to be filed, furnish to each person who holds an interest in that limited liability company at any time during that taxable year a copy of that information required to be shown on that return as may be required by forms and instructions prescribed by the Franchise Tax Board.\n(c) Any person who holds an interest in a limited liability company as a nominee for another person shall do both of the following:\n(1) Furnish to the limited liability company, in the manner prescribed by the Franchise Tax Board, the name, address, and taxpayer identification number of that person, and any other information for that taxable year as the Franchise Tax Board may prescribe by forms and instructions.\n(2) Furnish to that other person, in the manner prescribed by the Franchise Tax Board, the information provided by that limited liability company under subdivision (b).\n(d) The provisions of Section 6031(d) of the Internal Revenue Code, relating to the separate statement of items of unrelated business taxable income, shall apply.\n(e) (1) A limited liability company shall file with its return required under subdivision (a), in the form required by the Franchise Tax Board, the agreement of each nonresident member to file a return pursuant to Section 18501, to make timely payment of all taxes imposed on the member by this state with respect to the income of the limited liability company, and to be subject to personal jurisdiction in this state for purposes of the collection of income taxes, together with related interest and penalties, imposed on the member by this state with respect to the income of the limited liability company. If the limited liability company fails to timely file the agreements on behalf of each of its nonresident members, then the limited liability company shall, at the time set forth in subdivision (f), pay to this state on behalf of each nonresident member of whom an agreement has not been timely filed an amount equal to the highest marginal tax rate in effect under Section 17041, in the case of members that are individuals, estates, or trusts, and Section 23151, in the case of members that are corporations, multiplied by the amount of the member\u2019s distributive share of the income source to the state reflected on the limited liability company\u2019s return for the taxable period, reduced by the amount of tax previously withheld and paid by the limited liability company pursuant to Section 18662 and the regulations thereunder with respect to each nonresident member. A limited liability company shall be entitled to recover the payment made from the member on whose behalf the payment was made.\n(2) If a limited liability company fails to attach the agreement or to timely pay the payment required by paragraph (1), the payment shall be considered the tax of the limited liability company for purposes of the penalty prescribed by Section 19132 and interest prescribed by Section 19101 for failure to timely pay the tax. Payment of the penalty and interest imposed on the limited liability company for failure to timely pay the amount required by this subdivision shall extinguish the liability of a nonresident member for the penalty and interest for failure to make timely payment of all taxes imposed on that member by this state with respect to the income of the limited liability company.\n(3) No penalty or interest shall be imposed on the limited liability company under paragraph (2) if the nonresident member timely files and pays all taxes imposed on the member by this state with respect to the income of the limited liability company.\n(f) Any agreement of a nonresident member required to be filed pursuant to subdivision (e) shall be filed at either of the following times:\n(1) The time the annual return is required to be filed pursuant to this section for the first taxable period for which the limited liability company became subject to tax pursuant to Chapter 10.6 (commencing with Section 17941).\n(2) The time the annual return is required to be filed pursuant to this section for any taxable period in which the limited liability company had a nonresident member on whose behalf an agreement described in subdivision (e) has not been previously filed.\n(g) Any amount paid by the limited liability company to this state pursuant to paragraph (1) of subdivision (e) shall be considered to be a payment by the member on account of the income tax imposed by this state on the member for the taxable period.\n(h) Every limited liability company that is classified as a corporation for California tax purposes shall be subject to the requirement to file a tax return under the provisions of Part 10.2 (commencing with Section 18401) and the applicable taxes imposed by Part 11 (commencing with Section 23001).\n(i) (1) Every limited liability company doing business in this state, organized in this state, or registered with the Secretary of State, that is disregarded pursuant to Section 23038 shall file a return that includes information necessary to verify its liability under Sections 17941 and 17942, provides its sole owner\u2019s name and taxpayer identification number, includes the consent of the owner to California tax jurisdiction, and includes other information necessary for the administration of this part, Part 10 (commencing with Section 17001), or Part 11 (commencing with Section 23001).\n(2) If the owner\u2019s consent required under paragraph (1) is not included, the limited liability company shall pay on behalf of its owner an amount consistent with, and treated the same as, the amount to be paid under subdivision (e) by a limited liability company on behalf of a nonresident member for whom an agreement required by subdivision (e) is not attached to the return of the limited liability company.\n(3) (A) Except as provided in subparagraph (B), the return required under paragraph (1) shall be filed on or before the 15th day of the fourth month after the close of the taxable year of the owner subject to tax under Part 10 (commencing with Section 17001) or Chapter 2 (commencing with Section 23101) of Part 11.\n(B) In the event that the owner is an \u201cS corporation,\u201d a partnership, or a limited liability company classified as a partnership for California tax purposes, the return required under paragraph (1) shall be filed on or before the 15th day of the third month after the close of the taxable year.\n(4) For limited liability companies disregarded pursuant to Section 23038, \u201ctaxable year of the owner\u201d shall be substituted for \u201ctaxable year\u201d in Sections 17941 and 17942.\n(j) The amendments made by Chapter 264 of the Statutes of 2005 apply to taxable years beginning on or after January 1, 2005.\n(k) The amendments made to this section by the act adding this subdivision shall apply to returns for taxable years beginning on or after January 1, 2016.\nSEC. 4.\nSection 23281 of the Revenue and Taxation Code is amended to read:\n23281.\n(a) (1) When a taxpayer ceases to do business within the state during any taxable year and does not dissolve or withdraw from the state during that year, and does not resume doing business during the succeeding taxable year, its tax for the taxable year in which it resumes doing business prior to January 1, 2000, shall be the greater of the following:\n(A) The tax computed upon the basis of the net income of the income year in which it ceased doing business, except where the income has already been included in the measure of a tax imposed by this chapter.\n(B) The minimum tax prescribed in Section 23153.\n(2) When a taxpayer ceases to do business within the state during any taxable year and does not dissolve or withdraw from the state during that year, and does not resume doing business during the succeeding taxable year, its tax for the taxable year in which it resumes doing business, on or after January 1, 2000, shall be according to or measured by its net income for the taxable year in which it resumes doing business.\n(b) The tax shall be due and payable at the time the corporation resumes doing business, or on or before the due date of the return for its taxable year, whichever is later. All the provisions of this part relating to delinquent taxes shall be applicable to the tax if it is not paid on or before its due date.\n(c) This section does not apply to a corporation that became subject to Chapter 3 (commencing with Section 23501) after it discontinued doing business in this state (see Section 23224.5).\n(d) The amendments made to this section by the act adding this subdivision shall apply to taxable years beginning on or after January 1, 2016.","title":""}
{"_id":"c64","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nItem 0521-101-3228 is added to Section 2.00 of the Budget Act of 2016, to read:\n0521-101-3228\u2014For local assistance, Secretary of Transportation, payable from the Greenhouse Gas Reduction Fund ........................\n135,000,000\nSchedule:\n(1)\n0276-Transit and Intercity Rail Capital Program ........................\n135,000,000\nProvisions:\n1.\nThe funds appropriated in this item shall be available for allocation by the California Transportation Commission until June 30, 2018, and shall be available for encumbrance and liquidation until June 30, 2022.\nSEC. 2.\nItem 0540-101-3228 is added to Section 2.00 of the Budget Act of 2016, to read:\n0540-101-3228\u2014For local assistance, Secretary of the Natural Resources Agency, payable from the Greenhouse Gas Reduction Fund ........................\n80,000,000\nSchedule:\n(1)\n0320-Administration of Natural Resources Agency ........................\n80,000,000\nProvisions:\n1.\nThe funds appropriated in this item shall be used for urban greening programs.\n2.\nThe funds appropriated in this item shall be available for encumbrance and expenditure until June 30, 2018, for support or local assistance and shall be available for liquidation until June 30, 2020. Not more than five percent of the amount appropriated in this item may be used for the administrative costs of the urban greening programs.\nSEC. 3.\nItem 0650-002-3228 is added to Section 2.00 of the Budget Act of 2016, to read:\n0650-002-3228\u2014For support of Office of Planning and Research, payable from the Greenhouse Gas Reduction Fund ........................\n2,000,000\nSchedule:\n(1)\n0370-Strategic Growth Council ........................\n2,000,000\nProvisions:\n1.\nThe funds appropriated in this item shall be available to provide technical assistance to disadvantaged communities.\nSEC. 4.\nItem 0650-101-3228 is added to Section 2.00 of the Budget Act of 2016, to read:\n0650-101-3228\u2014 For local assistance, Office of Planning and Research, payable from the Greenhouse Gas Reduction Fund ........................\n140,000,000\nSchedule:\n(1)\n0370-Strategic Growth Council ........................\n140,000,000\nProvisions:\n1.\nThe funds appropriated in this item shall be used for the Transformative Climate Communities Program described in Part 4 (commencing with Section 75240) of Division 44 of the Public Resources Code. This provision shall become operative only if Assembly Bill 2722 of the 2015\u201316 Regular Session is enacted and becomes operative.\n2.\nThe funds appropriated in this item shall be available for encumbrance and expenditure until June 30, 2019, for support or local assistance and shall be available for liquidation until June 30, 2021. Not more than five percent of the amount appropriated in this item may be used for administrative costs.\nSEC. 5.\nItem 0650-490 is added to Section 2.00 of the Budget Act of 2016, to read:\n0650-490\u2014Reappropriation, Office of Planning and Research. The balance of the appropriation provided in the following citation is reappropriated for the purposes provided for in that appropriation. Notwithstanding Section 16304.1 of the Government Code, the funds shall be available for liquidation of encumbrances until June 30, 2020.\n3228\u2014Greenhouse Gas Reduction Fund\n(1)\nItem 0650-101-3228, Budget Act of 2014 (Chs. 25 and 663, Stats. 2014)\nSEC. 6.\nItem 2240-491 is added to Section 2.00 of the Budget Act of 2016, to read:\n2240-491\u2014Reappropriation, Department of Housing and Community Development. The funds appropriated in the following citation that were encumbered as of June 29, 2016, but that were not liquidated on or before June 30, 2016, are reappropriated and encumbered for the same purposes that the funds were encumbered for as of June 29, 2016. Notwithstanding Section 16304.1 of the Government Code, the funds shall be available for liquidation of encumbrances until June 30, 2018.\n6038\u2014Building Equity and Growth in Neighborhoods (BEGIN) Fund\n(1)\nItem 2240-101-6038, Budget Act of 2011 (Ch. 33, Stats. 2011)\nSEC. 7.\nItem 2660-108-3228 is added to Section 2.00 of the Budget Act of 2016, to read:\n2660-108-3228\u2014For local assistance, Department of Transportation, Active Transportation Program (ATP), payable from the Greenhouse Gas Reduction Fund ........................\n10,000,000\nSchedule:\n(1)\n1835020-Local Assistance ........................\n10,000,000\nProvisions:\n1.\nThe funds appropriated in this item shall be available for allocation by the California Transportation Commission until June 30, 2018, and shall be available for encumbrance and liquidation until June 30, 2020.\nSEC. 8.\nItem 3340-001-0318 of Section 2.00 of the Budget Act of 2016 is amended to read:\n3340-001-0318\u2014For support of California Conservation Corps, payable from the Collins-Dugan California Conservation Corps Reimbursement Account ........................\n40,706,000\nSchedule:\n(1)\n2360-Training and Work Program ........................\n40,706,000\n(2)\n9900100-Administration ........................\n6,042,000\n(3)\n9900200-Administration\u2014Distributed ........................\n\u22126,042,000\nProvisions:\n1.\nNotwithstanding Section 14316 of the Public Resources Code, the Department of Finance may make a loan from the General Fund to the Collins-Dugan California Conservation Corps Reimbursement Account in the amount of 25 percent of the reimbursements anticipated in the Collins-Dugan California Conservation Corps Reimbursement Account, not to exceed an aggregate total of $7,300,000, to meet cashflow needs from delays in collecting reimbursements. Any loan made by the Department of Finance pursuant to this provision shall only be made if the California Conservation Corps has a valid contract or certification signed by the client agency that demonstrates that sufficient funds will be available to repay the loan. All moneys so transferred shall be repaid to the General Fund as soon as possible, but not later than one year from the date of the loan.\n2.\nNotwithstanding Section 28.50, the Department of Finance may augment this item to reflect increases in reimbursements to the Collins-Dugan California Conservation Corps Reimbursement Account received from another officer, department, division, bureau, or other agency of the state that has requested services from the California Conservation Corps. Any augmentation that is deemed to be necessary on a permanent basis shall be submitted for review as a part of the regular budget process.\n3.\nNotwithstanding Section 28.00, the Department of Finance may augment this item to reflect increases in reimbursements to the Collins-Dugan California Conservation Corps Reimbursement Account received from a local government, the federal government, or nonprofit organizations requesting emergency services from the California Conservation Corps after it has notified the Legislature through a letter to the Joint Legislative Budget Committee. Any augmentation that is deemed to be necessary on a permanent basis shall be submitted for review as a part of the regular budget process.\n4.\nOf the amount provided in this item, $3,000,000 is from the Department of Forestry and Fire Protection and shall be available for forest health projects targeting the highest fire risk areas of the state.\nSEC. 9.\nItem 3540-001-3228 is added to Section 2.00 of the Budget Act of 2016, to read:\n3540-001-3228\u2014 For support of Department of Forestry and Fire Protection, payable from the Greenhouse Gas Reduction Fund ........................\n40,000,000\nSchedule:\n(1)\n2470-Resource Management ........................\n40,000,000\nProvisions:\n1.\nOf the amount appropriated in this item, $25,000,000 shall be available for healthy forest programs, including fuels treatment, pest and diseased tree removal, and long-term protection of forested lands. Of the amount dedicated to healthy forests programs, $3,000,000 shall be used to partner with the California Conservation Corps for forest health projects targeting the highest fire risk areas of the state.\n2.\nOf the amount appropriated in this item, $15,000,000 shall be available for urban forestry programs.\n3.\nThe funds appropriated in this item shall be available for encumbrance and expenditure until June 30, 2018, for support or local assistance and shall be available for liquidation until June 30, 2020.\nSEC. 10.\nItem 3900-101-3228 is added to Section 2.00 of the Budget Act of 2016, to read:\n3900-101-3228\u2014For local assistance, State Air Resources Board, payable from the Greenhouse Gas Reduction Fund ........................\n368,000,000\nSchedule:\n(1)\n3510-Climate Change ........................\n368,000,000\nProvisions:\n1.\nOf the amount appropriated in this item, $133,000,000 shall be used for the Clean Vehicle Rebate Project.\n2.\nOf the amount appropriated in this item, $80,000,000 shall be used for the Enhanced Fleet Modernization Program and Plus-Up Pilot Project. Of the $80,000,000, up to $20,000,000 may be used for other light-duty equity pilot projects authorized pursuant to Chapter 530 of the Statutes of 2014 (SB 1275).\n3.\nOf the amount appropriated in this item, $150,000,000 shall be used for heavy duty vehicles and off-road equipment investments.\n4.\nOf the amount appropriated in this item, $5,000,000 shall be used for black carbon woodsmoke programs.\n5.\nThe funds appropriated in this item shall be available for encumbrance until June 30, 2018, and shall be available for liquidation of encumbrances until June 30, 2020.\nSEC. 11.\nItem 3970-101-3228 is added to Section 2.00 of the Budget Act of 2016, to read:\n3970-101-3228\u2014 For local assistance, Department of Resources Recycling and Recovery, payable from the Greenhouse Gas Reduction Fund ........................\n40,000,000\nSchedule:\n(1)\n3700-Waste Reduction and Management ........................\n40,000,000\nProvisions:\n1.\nOf the amount appropriated in this item, $40,000,000 shall be used for Waste Diversion and Greenhouse Gas Reduction Financial Assistance programs as specified in Section 42999 of the Public Resources Code.\n2.\nThe funds appropriated in this item shall be available for encumbrance and expenditure until June 30, 2018, for support or local assistance and shall be available for liquidation until June 30, 2020. Not more than five percent of the amount appropriated in this item may be used for the administrative costs of Waste Diversion and Greenhouse Gas Reduction Financial Assistance programs as specified in Section 42999 of the Public Resources Code.\n3.\nThis appropriation shall become operative only if Senate Bill 1383 of the 2015\u201316 Regular Session is enacted and becomes operative.\nSEC. 12.\nItem 4700-101-3228 is added to Section 2.00 of the Budget Act of 2016, to read:\n4700-101-3228\u2014For local assistance, Department of Community Services and Development, for weatherization and renewable energy projects, payable from the Greenhouse Gas Reduction Fund ........................\n20,000,000\nSchedule:\n(1)\n4180-Energy Programs ........................\n20,000,000\nProvisions:\n1.\nThe funds appropriated in this item shall be available for low-income weatherization programs.\n2.\nThe funds appropriated in this item shall be available for encumbrance and expenditure until June 30, 2018, for support or local assistance, and shall be available for liquidation until June 30, 2020. Not more than five percent of the amount appropriated in this item may be used for the administrative costs of low-income weatherization programs.\nSEC. 13.\nItem 8570-101-3228 is added to Section 2.00 of the Budget Act of 2016, to read:\n8570-101-3228\u2014 For local assistance, Department of Food and Agriculture, payable from the Greenhouse Gas Reduction Fund ........................\n65,000,000\nSchedule:\n(1)\n6590-General Agricultural Activities ........................\n65,000,000\nProvisions:\n1.\nOf the amount appropriated in this item, $50,000,000 shall be used for early and extra methane emissions reductions from dairy and livestock operations. This provision shall become operative only if Senate Bill 1383 of the 2015\u201316 Regular Session is enacted and becomes operative.\n2.\nOf the amount appropriated in this item, $7,500,000 shall be used for the Healthy Soils Program, including no-till and compost applications.\n3.\nOf the amount appropriated in this item, $7,500,000 shall be available for the State Water Efficiency and Enhancement Program.\n4.\nThe funds appropriated in this item shall be available for encumbrance and expenditure until June 30, 2018, for support or local assistance and shall be available for liquidation until June 30, 2020. Not more than ten percent of the amount appropriated in this item may be used for the administrative costs.\nSEC. 14.\nSection 39.00 of the Budget Act of 2016 is amended to read:\nSEC. 39.00.\nThe Legislature hereby finds and declares that the following bills are other bills providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution: AB 1600, AB 1601, AB 1602, AB 1603, AB 1604, AB 1605, AB 1606, AB 1607, AB 1608, AB 1609, AB 1610, AB 1611, AB 1612, AB 1614, AB 1615, AB 1616, AB 1617, AB 1618, AB 1619, AB 1620, AB 1621, AB 1624, AB 1625, AB 1626, AB 1627, AB 1628, AB 1629, AB 1630, AB 1632, AB 1633, AB 1634, AB 1635, AB 1636, SB 828, SB 829, SB 831, SB 832, SB 833, SB 834, SB 835, SB 836, SB 837, SB 838, SB 839, SB 840, SB 841, SB 842, SB 843, SB 844, SB 845, SB 846, SB 847, SB 848, SB 849, SB 850, SB 851, SB 852, SB 854, SB 855 SB 856, SB 857, SB 858, SB 859, SB 860, SB 861, SB 862, SB 863, SB 864, and SB 865.\nSEC. 15.\nThis act is a Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution and shall take effect immediately.","title":""}
{"_id":"c412","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 933.05 of the\nPenal Code\nis amended to read:\n933.05.\n(a)For purposes of subdivision (b) of Section 933, as to each grand jury finding, the responding person or entity shall indicate one of the following:\n(1)The respondent agrees with the finding.\n(2)The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor.\n(b)For purposes of subdivision (b) of Section 933, as to each grand jury recommendation, the responding person or entity shall report one of the following actions:\n(1)The recommendation has been implemented, with a summary regarding the implemented action.\n(2)The recommendation has not yet been implemented, but will be implemented in the future, with a timeframe for implementation.\n(3)The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six months from the date of publication of the grand jury report.\n(4)The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefor.\n(c)If a finding or recommendation of the grand jury addresses budgetary or personnel matters of a county agency or department headed by an elected officer, both the agency or department head and the board of supervisors shall respond if requested by the grand jury, but the response of the board of supervisors shall address only those budgetary or personnel matters over which it has some decisionmaking authority. The response of the elected agency or department head shall address all aspects of the findings or recommendations affecting his or her agency or department.\n(d)(1)A grand jury shall request a subject person or entity to come before the grand jury for the purpose of reading and discussing the findings of the grand jury report that relates to that person or entity in order to verify the accuracy of the findings prior to their release.\n(2)A grand jury may disclose the factual data used in making its findings during discussions conducted pursuant to paragraph (1).\n(3)A grand jury may provide to a subject person or entity for comment an administrative draft of that portion of the grand jury\u2019s report relating to that subject person or entity. An administrative draft provided pursuant to this paragraph shall include proposed grand jury findings, may include the factual data utilized in making the grand jury\u2019s findings, and shall not include the grand jury\u2019s recommendations. Within a time period determined by the grand jury, but no sooner than 10 days after the grand jury submits an administrative draft of its report to a subject person or entity for comment, the subject person or entity may file with the grand jury written comments on the findings and data included in the administrative draft pertaining to that subject person or entity. An officer, agency, department, or governing body of a public agency shall not disclose any contents of the administrative draft of the report prior to the public release of the final report.\n(e)During an investigation, the grand jury shall meet with the subject of that investigation regarding the investigation, unless the court, either on its own determination or upon request of the foreperson of the grand jury, determines that such a meeting would be detrimental.\n(f)A grand jury shall provide to the affected agency for comment a copy of the portion of the grand jury report relating to that person or entity no later than 10 days prior to its public release and after the approval of the presiding judge. All written comments of the affected agency may be submitted to the presiding judge of the superior court who impaneled the grand jury no later than 10 days after receipt of a copy of the grand jury final report by the affected agency. A copy of all written comments by the affected agency shall be placed on file as part of the contents of the applicable grand jury final report and included in the public release of the final report. An officer, agency, department, or governing body of a public agency shall not disclose any contents of the report prior to the public release of the final report.\n(g)(1)Notwithstanding any other law, except as provided in paragraph (2), the governing body of an affected agency may meet in closed session to discuss and prepare written comments of the affected agency to both of the following:\n(A)The findings and factual data contained in an administrative draft of the grand jury report submitted for comment by a grand jury pursuant to paragraph (3) of subdivision (d).\n(B)A grand jury final report submitted for comment by a grand jury pursuant to subdivision (f).\n(2)If the legislative body of a local agency meets to discuss the final report of the grand jury at either a regular or special meeting after the public release of a grand jury final report, the legislative body shall do so in a meeting conducted pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code) unless exempted from this requirement by some other provision of law.\nSECTION 1.\nSection 933.05 of the Penal Code is amended to read:\n933.05.\n(a) For purposes of subdivision (b) of Section 933, as to each grand jury finding, the responding person or entity shall indicate one of the following:\n(1) The respondent agrees with the finding.\n(2) The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor.\n(b) For purposes of subdivision (b) of Section 933, as to each grand jury recommendation, the responding person or entity shall report one of the following actions:\n(1) The recommendation has been implemented, with a summary regarding the implemented action.\n(2) The recommendation has not yet been implemented, but will be implemented in the future, with a timeframe for implementation.\n(3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six months from the date of publication of the grand jury report.\n(4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefor.\n(c)\nHowever, if\nIf\na finding or recommendation of the grand jury addresses budgetary or personnel matters of a county agency or department headed by an elected officer, both the agency or department head and the board of supervisors shall respond if requested by the grand jury, but the response of the board of supervisors shall address only those budgetary or personnel matters over which it has some decisionmaking authority. The response of the elected agency or department head shall address all aspects of the findings or recommendations affecting his or her agency or department.\n(d) A grand jury may request a subject person or entity to come before the grand jury for the purpose of reading and discussing the findings of the grand jury report that relates to that person or entity in order to verify the accuracy of the findings prior to their release.\n(e) During an investigation, the grand jury shall meet with the subject of that investigation regarding the investigation, unless the court, either on its own determination or upon request of the foreperson of the grand jury, determines that such a meeting would be detrimental.\n(f) A grand jury shall provide to the affected agency a copy of the portion of the grand jury report relating to that person or entity two working days prior to its public release and after the approval of the presiding judge. No officer, agency, department, or governing body of a public agency shall disclose any contents of the report prior to the public release of the final report.\n(g) This section shall become inoperative on July 1, 2017, and, as of January 1, 2018, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2018, deletes or extends the dates on which it becomes inoperative and is repealed.\nSEC. 2.\nSection 933.05 is added to the Penal Code, to read:\n933.05.\n(a) For purposes of subdivision (b) of Section 933, as to each grand jury finding, the responding person or entity shall indicate one of the following:\n(1) The respondent agrees with the finding.\n(2) The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor.\n(b) For purposes of subdivision (b) of Section 933, as to each grand jury recommendation, the responding person or entity shall report one of the following actions:\n(1) The recommendation has been implemented, with a summary regarding the implemented action.\n(2) The recommendation has not yet been implemented, but will be implemented in the future, with a timeframe for implementation.\n(3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six months from the date of publication of the grand jury report.\n(4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefor.\n(c) If a finding or recommendation of the grand jury addresses budgetary or personnel matters of a county agency or department headed by an elected officer, both the agency or department head and the board of supervisors shall respond if requested by the grand jury, but the response of the board of supervisors shall address only those budgetary or personnel matters over which it has some decisionmaking authority. The response of the elected agency or department head shall address all aspects of the findings or recommendations affecting his or her agency or department.\n(d) (1) A grand jury shall conduct at least one exit interview of an official or other responsible representative of each entity to which recommendations will be directed in a final grand jury report. The grand jury shall read to, and discuss with, the exit interviewee the draft findings of the report that relate to that entity in order to verify the accuracy of the findings.\n(2) The grand jury may also discuss with the exit interviewee the facts in that report that support one or more of those findings.\n(3) With the court\u2019s approval, the grand jury may provide to the exit interviewee a copy of the draft findings related to that entity and may allow the subject entity to provide written comments to the grand jury concerning the draft findings within a time to be determined by the grand jury, but at least five working days after providing the draft findings to the exit interviewee.\n(4) The grand jury shall not reveal to the exit interviewee the name of any person, or another fact that identifies any person, who provided information to the grand jury.\n(5) Any draft findings given to the exit interviewee shall remain confidential and shall not be distributed to anyone outside the entity prior to or after the release of the final report. The exit interviewee and any board, officer, employee, or agent of the entity shall not publicly reveal any other information obtained during the exit interview prior to the public release of the report.\n(e) During an investigation, the grand jury shall meet with the subject of that investigation regarding the investigation, unless the court, either on its own determination or upon request of the foreperson of the grand jury, determines that such a meeting would be detrimental.\n(f) A grand jury shall provide to the affected entity a copy of the portion of the grand jury report relating to that person or entity no later than six working days prior to its public release and after the approval of the presiding judge. The subject person or entity may submit a preliminary response on behalf of the affected entity to the presiding judge of the superior court who impaneled the grand jury, with a copy of that preliminary response submitted to the grand jury, no later than six working days after receipt of a copy of the grand jury final report by the affected entity. The grand jury shall, when the final report is publicly released, also release a copy of any preliminary response that relates to the final report either by posting the preliminary response on an Internet Web site or by electronic transmission with the final report. If the grand jury distributes printed copies of the report, the preliminary response or a citation to the Internet Web site where the report and preliminary response, if any, are posted shall be included with or in the report. A board, officer, employee, agent, department, or governing body of the entity shall not disclose any contents of the report prior to the public release of the final report.\n(g) (1) Notwithstanding any other law, except as provided in paragraph (2), the governing body of an affected entity may meet in closed session to do both of the following:\n(A) Discuss and prepare written comments of the affected entity to the confidential draft findings and the facts related to those confidential draft findings of the grand jury report submitted to the entity by the grand jury pursuant to paragraph (3) of subdivision (d).\n(B) Discuss and prepare a written preliminary response to a grand jury final report submitted to the entity by the grand jury pursuant to subdivision (f).\n(2) If the legislative body of a local agency meets to discuss the final report of the grand jury at either a regular or special meeting after the public release of a grand jury final report, the legislative body shall do so in a meeting conducted pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code) unless exempted from this requirement by some other law.\n(h) This section shall become operative on July 1, 2017.\nSEC. 2.\nSEC. 3.\nThe Legislature finds and declares that Section 1 of this act, which amends Section 933.05 of the Penal Code, imposes a limitation on the public\u2019s 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:\nIn order to protect the confidentiality of grand jury investigations and reports, it is necessary for this act to take effect.","title":""}
{"_id":"c69","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nPart 1.87 (commencing with Section 34191.30) is added to Division 24 of the Health and Safety Code, to read:\nPART 1.87. Affordable Housing Special Beneficiary District\n34191.30\nFor purposes of this part, the following definitions shall apply:\n(a) \u201cAffordable housing\u201d means a dwelling available for purchase or lease by persons and families who qualify as low or moderate income, as defined in Section 50093, very low income households, as defined in Section 50105, or extremely low income households, as defined in Section 50106.\n(b) \u201cBeneficiary district\u201d is an affordable housing special beneficiary district established pursuant to this part that exists for a limited duration as a distinct local governmental entity for the express purposes of receiving rejected distributions of property tax revenues and providing financing assistance to promote affordable housing within its boundaries.\n(c) \u201cDistributions of property tax revenues\u201d means all property tax revenues a city or county would be entitled to receive pursuant to Part 1.85 (commencing with Section 34170).\n34191.35.\n(a) Commencing when a successor entity, including a designated local authority established pursuant to subdivision (d) of Section 34173, receives a finding of completion pursuant to Section 34179.7, there exists, within the same geographical boundaries of the jurisdiction of that successor entity, an affordable housing special beneficiary district.\n(b) (1) A beneficiary district shall cease to exist on the earlier of the 90th calendar day after the date the Department of Finance approves a request to dissolve the successor entity pursuant to Section 34187, or the 20th anniversary of the date that the successor entity received a finding of completion pursuant to Section 34179.7. On and after the date a beneficiary district ceases to exist, the beneficiary district shall not have the authority to conduct any business, including, but not limited to, taking any action or making any payment, and any funds of the beneficiary district shall automatically transfer to the city or county that rejected its distributions of property tax revenues pursuant to Section 34191.45 that were thereafter directed to the beneficiary district.\n(2) Notwithstanding Section 34191.40, the terms of the members of the board of a beneficiary district shall expire on the date the beneficiary district ceases to exist.\n(3) Any legal right of the beneficiary district on or after the date the beneficiary district ceases to exist, including, but not limited to, the right to repayment pursuant to a loan made by the beneficiary district, is the right of the city or county that rejected its distributions of property tax revenues pursuant to Section 34191.45 that was thereafter directed to the beneficiary district.\n34191.40.\n(a) A beneficiary district shall be governed by a board composed of the following five members:\n(1) Three members of the city council, if a city formed the redevelopment agency, or three members of the board of supervisors, if a county formed the redevelopment agency. The three members shall be appointed by the city council or board of supervisors, as applicable.\n(2) The treasurer of the city or county that formed the redevelopment agency.\n(3) One member of the public who lives within the boundaries of the beneficiary district who is appointed by the city council or county board of supervisors of the city or county that formed the redevelopment agency.\n(b) The board shall elect one of its members as the chairperson.\n(c) Each member shall serve a term of four years from the date of his or her appointment. Vacancies on the board shall be filled by the appointing authority for a new four-year term. A member may be reappointed.\n(d) Each member shall serve without compensation.\n34191.45.\n(a) Notwithstanding any other law, a city or county may by ordinance or resolution reject its distributions of property tax revenues that it would otherwise receive pursuant to Part 1.85 (commencing with Section 34170). Except as provided in subdivision (b) of Section 34191.35, on and after the date that a city or county rejects its distributions of property tax revenues, the city or county shall not have any claim to, or control over, the distributions of property tax revenues it may have otherwise received pursuant to Part 1.85 (commencing with Section 34170), and the county auditor-controller shall transfer all of the distributions of property tax revenues to the beneficiary district.\n(b) This section shall not apply to any city, county, or city and county that formed a redevelopment agency if either of the following apply:\n(1) The city, county, or city and county became the successor agency to the redevelopment agency and did not receive a finding of completion pursuant to Section 34179.7.\n(2) The designated local authority of the redevelopment agency, formed pursuant to subdivision (d) of Section 34173, did not receive the finding of completion pursuant to Section 34179.7.\n34191.50.\n(a) A beneficiary district shall use any funds provided to it for the express purpose of promoting the development of affordable housing within its boundaries.\n(b) A beneficiary district may promote the development of affordable housing by doing any of the following:\n(1) Issuing bonds to be repaid from the distributions of property tax revenues directed to the beneficiary district.\n(2) Providing financial assistance for the development of affordable housing, including, but not limited to, providing loans, grants, and other financial incentives and support.\n(3) Taking other actions the board determines will promote the financing of the development of affordable housing within its boundaries.\n(c) A beneficiary district shall not undertake any obligation that requires an action after the date it will cease to exist, including, but not limited to, issuing a bond that requires any repayment of the bond obligation after the date the beneficiary district will cease to exist.\n34191.55.\n(a) A beneficiary district shall comply with the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code) and the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).\n(b) When a beneficiary district ceases to exist pursuant to subdivision (b) of Section 34191.35, a public record of the beneficiary district shall be the property of the city or county that rejected its distributions of property tax revenues pursuant to Section 34191.45.","title":""}
{"_id":"c269","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 3003.5 of the Penal Code is amended to read:\n3003.5.\n(a) Notwithstanding any other\nprovision of\nlaw, when a person is released on parole after having served a term of imprisonment in state prison for any offense for which registration is required pursuant to Section 290, that person may not, during the period of parole, reside in any\nsingle family\nsingle-family\ndwelling with any other person also required to register pursuant to Section 290, unless those persons are legally related by blood, marriage, or adoption. For purposes of this section,\n\u201csingle family\n\u201csingle-family\ndwelling\u201d shall not include a residential facility\nwhich\nthat\nserves six or fewer persons.\n(b)\n(1)\nNotwithstanding any other\nprovision of\nlaw, it is unlawful for any person\nconvicted of any of the offenses enumerated in Section 667.61 and\nfor whom registration is required pursuant to Section 290 to reside within\n2000\n2,000\nfeet of any public or private school, or park where children regularly gather.\nThe 2,000-foot residency restriction shall be measured by the shortest practical pedestrian or vehicle path.\n(2) The state parole authority shall enforce the residency restriction required pursuant to this section until the sex offender is discharged from parole unless any of the following occur:\n(A) The offender is subject to a greater preexisting residency restriction.\n(B) The residency restriction is modified within the county in which the offender resides as provided by Section 3003.51.\n(C) The residency restriction is found unconstitutional as applied within the county and no modified restriction can be constitutionally enforced.\n(3) Any person subject to the residency restriction imposed pursuant to paragraph (1) may, if compliance is not reasonably possible within his or her county, seek relief pursuant to Section 3003.51.\n(c) Nothing in this section shall prohibit municipal jurisdictions from enacting local ordinances that further restrict the residency of any person for whom registration is required pursuant to Section 290.\nSEC. 2.\nSection 3003.51 is added to the Penal Code, to read:\n3003.51.\n(a) Any person prohibited pursuant to Section 3003.5 from living within 2,000 feet of any public or private school, or park where children regularly gather, may seek relief from those restrictions if he or she cannot comply with the restriction because of the unavailability of compliant housing within his or her county of domicile.\n(b) Any person seeking relief under this section may file a petition with the superior court of the county in which he or she resides. Notice of the petition shall be timely served on the state parole authority or other entity enforcing the subject sex offender residency restrictions.\n(c) Notwithstanding any other law, original jurisdiction for any petition filed pursuant to this section shall lie with the appellate division of the superior court in which the petition is filed. The court may consolidate all pending petitions.\n(d) The appellate division of the superior court in which the petition is filed pursuant to this section may grant the petition in whole or in part if the petitioner establishes by a preponderance of the evidence, and the court finds, each of the following:\n(1) There is a pervasive lack of compliant housing within the petitioner\u2019s county of domicile.\n(2) The petitioner is among a substantial proportion of sex offenders subject to the 2,000 foot residency restriction who have, despite good faith efforts, been unable to find compliant housing within the county.\n(3) The 2,000 foot restriction is the principal reason that those without a residence have been unable to find compliant housing.\n(e) (1) Relief granted pursuant to this section may modify residential distance restrictions to comport with the geographic constraints within the subject county but modifications shall be narrowly crafted in order to substantially comply with the intent of the people in approving Section 3003.5.\n(2) The court may, if necessary, bifurcate the application of residency restrictions so as to apply discrete restrictions to those who have been convicted of child molestation or other felony sex offenses involving victims under 18 years of age.\n(f) If relief is granted or denied pursuant to this section, no subsequent petition shall be heard, unless the petitioner or petitioners establish in the petition, to the satisfaction of the court, both of the following:\n(1) There has been a change of circumstances based upon a substantial decline in the availability of compliant housing.\n(2) There has been a corresponding increase in the percentage of sex offenders who are unable to comply with the residency restriction due to the change of circumstances described in paragraph (1) since the court ruling on the prior petition.\nSEC. 3.\nThis 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:\nIn order to protect the public at the earliest possible time, it is necessary that this act take effect immediately.","title":""}
{"_id":"c247","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 25503.36 is added to the Business and Professions Code, to read:\n25503.36.\n(a) Notwithstanding any other provision of this division, an authorized licensee may sponsor events promoted by, and may purchase advertising space and time from, or on behalf of, a live entertainment marketing company in connection with events organized and conducted by the live entertainment marketing company on the premises of a permanent retail licensee located at the San Diego County Fairgrounds, located in the City of Del Mar in the County of San Diego, subject to all of the following conditions:\n(1) The live entertainment marketing company operates and promotes live artistic, musical, sports, or cultural entertainment events only.\n(2)  The events will take place over a period of no more than four consecutive days during which approximately 100 acts will perform before approximately 20,000 or more patrons.\n(3) The live entertainment marketing company is a Delaware limited liability company that is under common ownership, management, or control by a private equity firm that may also have common ownership, management, or control of a licensed California winery, provided the winery represents not more than 25 percent of the assets under common ownership, management, or control by the private equity firm or its subsidiaries, and the live entertainment marketing company exercises no control over the operations of the winery. Any authorized licensee sponsoring an event or purchasing advertising space or time, pursuant to this section, shall obtain written verification of compliance with this subdivision prior to such sponsorship or the purchase of advertising space or time.\n(4) Any on-sale licensee operating at the San Diego County Fairgrounds shall serve other brands of beer, distilled spirits, and wine distributed by a competing wholesaler or manufacturer in addition to any brand manufactured, distributed, or owned by the authorized licensee sponsoring an event or purchasing advertising space or time pursuant to this section.\n(5) An agreement pursuant to this section shall not be conditioned directly or indirectly on the purchase, sale, or distribution of any alcoholic beverage manufactured or distributed by any authorized licensee sponsoring or purchasing advertising space or time pursuant to this section.\n(b) Any sponsorship of events or purchase of advertising space or time conducted pursuant to subdivision (a) shall be conducted pursuant to a written contract entered into by the authorized licensee and the live entertainment marketing company.\n(c) Any authorized licensee who, through coercion or other illegal means, induces, directly or indirectly, a holder of a wholesaler\u2019s license to fulfill those contractual obligations entered into pursuant to subdivision (a) 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 suspension or revocation pursuant to Section 24200.\n(d) Any on-sale retail licensee who, directly or indirectly, solicits or coerces a holder of a wholesaler\u2019s license to solicit an authorized licensee to purchase advertising time or space pursuant to subdivision (a) 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 suspension or revocation pursuant to Section 24200.\n(e) Nothing in this section shall authorize the purchasing of advertising space or time directly from, or on behalf of, any on-sale licensee except as expressly authorized by this section or any other provision of this division.\n(f) Nothing in this section shall authorize an authorized licensee to furnish, give, or lend anything of value to an on-sale retail licensee described in subdivision (a) except as expressly authorized by this section or any other provision of this division.\n(g) For purposes of this section, the following definitions shall apply:\n(1) \u201cAuthorized licensee\u201d means the following licensees: beer manufacturer, out-of-state beer manufacturer\u2019s certificate, winegrower, winegrower\u2019s agent, importer, rectifier, distilled spirits manufacturer, distilled spirits rectifier general, distilled spirits manufacturer\u2019s agent.\n(2) Except for a licensee that holds only a beer and wine importer general license or a distilled spirits importer general license, \u201cimporter\u201d does not include the holder of any importer license that does not also hold at least one other license specified as an authorized licensee.\n(h) The Legislature finds that it is necessary and proper to require a separation between 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 exception established by this section to the general prohibition against tied interests must be limited to its expressed terms so as not to undermine the general prohibition, and intends that this section be construed accordingly.\nSEC. 2.\nThe 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 conditions located in the County of San Diego.\nSEC. 3.\nNo reimbursement is required by this act pursuant to Section 6 of Article XIII\u2009B 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\u2009B of the California Constitution.\nSEC. 4.\nThis 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:\nIn order to allow for the sponsoring of events within the County of San Diego as soon as possible, it is necessary that this act take effect immediately.","title":""}
{"_id":"c339","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 527.11 of the Code of Civil Procedure is amended to read:\n527.11.\n(a) The owner or owner\u2019s agent of vacant real property may register the property with the local law enforcement agency using the form contained in subdivision (a) of Section 527.12.\n(1) The registration shall be signed under penalty of perjury and state that the property is vacant and is not authorized to be occupied by any person.\n(2) The registration shall be accompanied with a statement providing the name, address, and telephone number at which the owner can be contacted within a 24-hour period and a statement that either the law enforcement agency or a licensed private security services company has been retained to comply with the inspection and reporting provisions of this section, together with a copy of any agreement or contract to perform those services.\n(b) The owner or the owner\u2019s agent shall register the vacant property no later than three days after the owner or owner\u2019s agent learns that the property is vacant.\n(c) The owner or owner\u2019s agent, immediately after authorizing a person to occupy the vacant property, shall do both of the following:\n(1) Issue a written authorization to the person authorized to occupy the property.\n(2) Notify the law enforcement agency where the property is registered and terminate the registration.\n(d)  The owner or the owner\u2019s agent, immediately upon the sale of the vacant property, shall notify the law enforcement agency where the property is registered that the property has been sold, and to terminate the registration.\n(e) The licensed private security services company or law enforcement agency selected by the owner or owner\u2019s agent pursuant to this section shall do both of the following:\n(1) Inspect the vacant property not less than once every three days.\n(2) Immediately notify the law enforcement agency with which the property is registered if any unauthorized person is found on the property.\n(f) The law enforcement agency where the property is registered shall respond as soon as practicable after being notified pursuant to paragraph (2) of subdivision (e) that an unauthorized person is found on the property. The responding officer shall do all of the following:\n(1) Verify that the property was inspected within the last three days pursuant to paragraph (2) of subdivision (e) and found to be vacant.\n(2) Ascertain the identity of any person who is found on the property.\n(3) Require a person who is found on the property to produce written authorization to be on the property or other evidence demonstrating the person\u2019s right to possession.\n(4) Notify any person who does not produce written authorization or other evidence pursuant to paragraph (3) that the owner or owner\u2019s agent may seek to obtain a court order pursuant to subdivision (g) and that the person will be subject to arrest for trespass if the person is subsequently found on the property in violation of that order.\n(5) Verify with the owner or the owner\u2019s agent that the property is vacant.\n(g)  (1) The owner or owner\u2019s agent of vacant real property may file an action for a temporary restraining order and injunctive relief against any person who is found on the vacant property not less than 48 hours after that person has been notified pursuant to paragraph (4) of subdivision (f). A person subject to a temporary restraining order or an injunction obtained pursuant to this subdivision is subject to arrest and imprisonment for trespass pursuant to Section 602.5 of the Penal Code for failing to vacate the property pursuant to the temporary restraining order or injunction and for civil contempt for violating a court order.\n(2) The summons and complaint in an action brought pursuant to this subdivision may be served personally or by posting a copy of the summons and complaint at a prominent location on the property and mailing a copy of the summons and complaint to the property\u2019s address. Posting and mailing a copy of the summons and complaint shall be sufficient service even if the mailed copy is returned as undeliverable if the owner or owner\u2019s agent has proof of the mailing.\n(3) The court may order a hearing on a temporary restraining order within three days following service of the summons and complaint. The date, time, and location of the hearing may be included with the summons and complaint or may be separately served on any person occupying the property in the manner set out in paragraph (2).\n(4) The court may include in any temporary restraining order granted pursuant to this subdivision an order directing that the property be vacated in not less than 48 hours. The order may be enforced by the local law enforcement agency where the property is registered or the county sheriff.\n(5) The disposition of any personal property of a person subject to a temporary restraining order or an injunction pursuant to this subdivision shall be governed by the procedures set forth in Chapter 5 (commencing with Section 1980) of Title 5 of Part 4 of Division 3 of the Civil Code. The person subject to the temporary restraining order or injunction shall be deemed to be a former tenant of the property for purposes of the disposition of personal property only.\n(h) This section shall not be construed to limit an owner from seeking other legal remedies to have a person removed from the vacant property pursuant to any other law.\n(i) A temporary restraining order or injunction ordering a person to vacate and remove personal property pursuant to this section shall not constitute a forcible entry under the provisions of Section 1159 of the Code of Civil Procedure.\n(j) The local city council or board of supervisors shall establish fees for registering a vacant property with the local law enforcement agency and for the conduct of inspections by the law enforcement agency pursuant to this section, including all activities conducted by the law enforcement agency pursuant to subdivision (f).\n(k) This section applies only to one- to four-unit residences in\nthe City of Eureka in the County of Humboldt,\nthe Cities of Palmdale and Lancaster in the County of Los Angeles\nand\n,\nthe City of Ukiah in the County of Mendocino\n, the City of Fairfield in the County of Solano, and the Counties of Humboldt and Lake\n.\n(l) 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.\nSEC. 2.\nSection 527.12 of the Code of Civil Procedure is amended to read:\n527.12.\n(a) A property owner, or an agent of the property owner, may execute a \u201cDeclaration of Ownership\u201d that includes language substantially similar to the language below and file it with the local law enforcement agency of the jurisdiction in which the property is located. If the property owner, or the agent of the property owner, files the declaration with the local law enforcement agency, he or she shall also post the declaration on the unoccupied residential property listed in the declaration.\n\n\u201cDECLARATION OF OWNERSHIP OF RESIDENTIAL REAL PROPERTY\n\n\nI, ____________________, declare and state: I make this declaration based upon my own personal knowledge.\n1. I am the owner___, or the agent of the owner___(check one), of the residential property located at _____________________, California (\u201cProperty\u201d).\n2. Submitted with this declaration, and incorporated herein by reference, is a true and correct copy of the deed by which I obtained ownership of the Property.\n3. Since obtaining ownership of the Property, no ownership interest in the Property has been conveyed or transferred to any other person or entity.\n4. At the time of obtaining ownership of the Property, no person was occupying the Property and no ownership interest or right of possession in the Property has been conveyed or transferred to any other person or entity.\n5. As of the present date, there are no persons authorized by me or my agent to reside within the Property. Any persons residing on this Property are doing so without any express or implied authorization from me or my agent.\n6. I have not entered into any form of lease arrangement, rental agreement, or given any consent whatsoever to any persons to reside within the Property.\n7. I will advise the local law enforcement agency if there is any change in the status of the Property and an occupancy is authorized by me or my agent.\n8. I declare under penalty of perjury that the foregoing is true and correct.\n\n\nEXECUTED on _________________________________, at _______________________, California\u201d\n\n\n(b) Notwithstanding Section 47 of the Civil Code, a property owner, or agent thereof, who files a declaration pursuant to this section that includes false information regarding the right to possess the property is liable to any person who, as a result of the declaration, is caused to vacate the property, for reasonable attorney\u2019s fees, special damages not to exceed $2,000, and all damages resulting from the person having to vacate the property.\n(c) This section applies only to one- to four-unit residences in\nthe City of Eureka in the County of Humboldt,\nthe Cities of Palmdale and Lancaster in the County of Los Angeles\nand\n,\nthe City of Ukiah in the County of Mendocino\n, the City of Fairfield in the County of Solano, and the Counties of Humboldt and Lake\n.\n(d) 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.\nSEC. 3.\nThe 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 City of Eureka in the County of Humboldt, the City of Fairfield in the County of Solano, and the Counties of Humboldt and Lake, it is first necessary to establish this program in a limited setting to analyze its effectiveness before considering an extension to other local jurisdictions.\nSEC. 4.\nNo reimbursement is required by this act pursuant to Section 6 of Article XIII\u2009B 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\u2009B of the California Constitution.\nHowever, 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.\nThis 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:\nThis authorization is necessary to expand the pilot program created in 2014 by Assembly Bill 1513 (Ch. 666, Stats. 2014) to those local jurisdictions that have expressly requested inclusion in this program to enable them to address the challenges they are facing with squatters in their respective jurisdictions.","title":""}
{"_id":"c447","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nThe Legislature finds and declares all of the following:\n(a) Over the next 10 years, the state faces a $59 billion shortfall to adequately maintain the state highway system in a basic state of good repair.\n(b) The 21st Annual Highway Report by the Reason Foundation, published in September 2014, found the following:\n(1) California has 50,462 lane miles of highways under the administration of the Department of Transportation (Caltrans).\n(2) Overall, California spent $501,136 per state mile of highway, more than three times the national average, yet California\u2019s state highway system ranks 45th in overall performance and cost effectiveness.\n(3) California spent $102,889 per state mile of highway specifically on maintenance, nearly four times the national average.\n(4) California spent $48,754 per state mile of highway specifically on administration, more than four times the national average.\n(c) The Legislative Analyst\u2019s Office recommended, in the Capital Outlay Support Program Review report issued in May 2014, that Caltrans should be held accountable for the delivery of State Highway Operation and Protection Program (SHOPP) projects by requiring the California Transportation Commission, acting in an independent oversight role, to review and approve individual SHOPP projects, allocate Capital Outlay Support Program funds for SHOPP, and report on Caltrans\u2019 project delivery performance and Caltrans should also be required to provide necessary project information for SHOPP projects to the California Transportation Commission.\nSEC. 2.\nSection 13975 of the Government Code is amended to read:\n13975.\nThere is in the state government the Transportation Agency. The agency consists of the Department of the California Highway Patrol, the\nCalifornia Transportation Commission, the\nDepartment of Motor Vehicles, the Department of Transportation, the High-Speed Rail Authority, and the Board of Pilot Commissioners for the Bays of San Francisco, San Pablo, and Suisun.\nSEC. 3.\nSection 14500 of the Government Code is amended to read:\n14500.\nThere is in\nthe Transportation Agency\nstate government\na California Transportation Commission.\nThe commission shall act in an independent oversight role.\nSEC. 4.\nSection 14526.5 of the Government Code is amended to read:\n14526.5.\n(a) Based on the asset management plan prepared and approved pursuant to Section 14526.4, the department shall\nprepare\nprepare, for review by the commission,\na state highway operation and protection program for the expenditure of transportation funds for major capital improvements that are necessary to preserve and protect the state highway system. Projects included in the program shall be limited to capital improvements relative to maintenance, safety, and rehabilitation of state highways and bridges that do not add a new traffic lane to the system.\nAs part of the programming process, the department shall program capital outlay support resources for each project in the program.\n(b) The program shall include projects that are expected to be advertised prior to July 1 of the year following submission of the program, but which have not yet been funded. The program shall include those projects for which construction is to begin within four fiscal years, starting July 1 of the year following the year the program is submitted.\n(c) The department, at a minimum, shall specify, for each project in the state highway operation and protection program, the capital and support budget, as well as a projected delivery date, for each of the following project components:\n(1) Completion of project approval and environmental documents.\n(2) Preparation of plans, specifications, and estimates.\n(3) Acquisition of rights-of-way, including, but not limited to, support activities.\n(4) Start of construction.\n(d) The\nprogram\ndepartment\nshall\nbe submitted\nsubmit its proposed program\nto the commission not later than January 31 of each even-numbered year. Prior to submitting\nthe plan, the\nits proposed program, the\ndepartment shall make a draft of its proposed program available to transportation planning agencies for review and comment and shall include the comments in its submittal to the commission.\nThe department shall provide the commission with detailed information for all programmed projects, including, but not limited to, cost, scope, and schedule.\n(e) The commission\nmay\nshall\nreview the\nproposed\nprogram relative to its overall adequacy, consistency with the asset management plan prepared and approved pursuant to Section 14526.4 and funding priorities established in Section 167 of the Streets and Highways Code, the level of annual funding needed to implement the program, and the impact of those expenditures on the state transportation improvement program. The commission shall adopt the program and submit it to the Legislature and the Governor not later than April 1 of each even-numbered year. The commission\nmay decline to adopt the program if the commission determines that the program is not sufficiently consistent with the asset management plan prepared and approved pursuant to Section 14526.4.\nis not required to approve the program in its entirety, as submitted by the department, and may approve or reject individual projects programmed by the department. The commission shall adopt a program of approved projects and submit it to the Legislature and the Governor not later than April 1 of each even-numbered year.\n(f) Expenditures for these projects shall not be subject to Sections 188 and 188.8 of the Streets and Highways Code.\n(g) Following adoption of the state highway operation and protection program by the commission, any change in a programmed project\u2019s cost, scope, or schedule shall be submitted by the department to the commission for its approval before the changes may be implemented.\nSEC. 5.\nSection 14534.1 of the Government Code is repealed.\n14534.1.\nNotwithstanding Section 12850.6 or subdivision (b) of Section 12800, as added to this code by the Governor\u2019s Reorganization Plan No. 2 of 2012 during the 2011\u201312 Regular Session, the commission shall retain independent authority to perform those duties and functions prescribed to it under any provision of law.","title":""}
{"_id":"c242","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 245.5 of the Labor Code is amended to read:\n245.5.\nAs used in this article:\n(a) \u201cEmployee\u201d does not include the following:\n(1) An employee covered by a valid collective bargaining agreement if the agreement expressly provides for the wages, hours of work, and working conditions of employees, and expressly provides for paid sick days or a paid leave or paid time off policy that permits the use of sick days for those employees, final and binding arbitration of disputes concerning the application of its paid sick days provisions, premium wage rates for all overtime hours worked, and regular hourly rate of pay of not less than 30 percent more than the state minimum wage rate.\n(2) An employee in the construction industry covered by a valid collective bargaining agreement if the agreement expressly provides for the wages, hours of work, and working conditions of employees, premium wage rates for all overtime hours worked, and regular hourly pay of not less than 30 percent more than the state minimum wage rate, and the agreement either (A) was entered into before January 1, 2015, or (B) expressly waives the requirements of this article in clear and unambiguous terms. For purposes of this subparagraph, \u201cemployee in the construction industry\u201d means an employee performing work associated with construction, including work involving alteration, demolition, building, excavation, renovation, remodeling, maintenance, improvement, repair work, and any other work as described by Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code, and other similar or related occupations or trades.\n(3) A provider of in-home supportive services under Section 14132.95, 14132.952, or 14132.956 of, or Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of, the Welfare and Institutions Code.\n(4) An individual employed by an air carrier as a flight deck or cabin crew member that is subject to the provisions of Title II of the federal Railway Labor Act (45 U.S.C. Sec. 151 et seq.), provided that the individual is provided with compensated time off equal to or exceeding the amount established in paragraph (1) of subdivision (b) of Section 246.\n(5) An employee of the state, city, county, city and county, district, or any other public entity who is a recipient of a retirement allowance and employed without reinstatement into his or her respective retirement system pursuant to either Article 8 (commencing with Section 21220) of Chapter 12 of Part 3 of Division 5 of Title 2 of the Government Code, or Article 8 (commencing with Section 31680) of Chapter 3 of Part 3 of Division 4 of Title 3 of the Government Code.\n(b) \u201cEmployer\u201d means any person employing another under any appointment or contract of hire and includes the state, political subdivisions of the state, and municipalities.\n(c) \u201cFamily member\u201d means any of the following:\n(1) A child, which for purposes of this article means a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis. This definition of a child is applicable regardless of age or dependency status.\n(2) A biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee\u2019s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child.\n(3) A spouse.\n(4) A registered domestic partner.\n(5) A grandparent.\n(6) A grandchild.\n(7) A sibling.\n(d) \u201cHealth care provider\u201d has the same meaning as defined in paragraph (6) of subdivision (c) of Section 12945.2 of the Government Code.\n(e) \u201cPaid sick days\u201d means time that is compensated at the same wage as the employee normally earns during regular work hours and is provided by an employer to an employee for the purposes described in Section 246.5.\nSEC. 2.\nSection 246 of the Labor Code is amended to read:\n246.\n(a) An employee who, on or after July 1, 2015, works in California for the same employer for 30 or more days within a year from the commencement of employment is entitled to paid sick days as specified in this section.\n(b) (1) An employee shall accrue paid sick days at the rate of not less than one hour per every 30 hours worked, beginning at the commencement of employment or the operative date of this article, whichever is later, subject to the use and accrual limitations set forth in this section.\n(2) An employee who is exempt from overtime requirements as an administrative, executive, or professional employee under a wage order of the Industrial Welfare Commission is deemed to work 40 hours per workweek for the purposes of this section, unless the employee\u2019s normal workweek is less than 40 hours, in which case the employee shall accrue paid sick days based upon that normal workweek.\n(3) An employer may use a different accrual method, other than providing one hour per every 30 hours worked, provided that the accrual is on a regular basis so that an employee has no less than 24 hours of accrued sick leave or paid time off by the 120th calendar day of employment or each calendar year, or in each 12-month period.\n(4) An employer may satisfy the accrual requirements of this section by providing not less than 24 hours or three days of paid sick leave that is available to the employee to use by the completion of his or her 120th calendar day of employment.\n(c) An employee shall be entitled to use accrued paid sick days beginning on the 90th day of employment, after which day the employee may use paid sick days as they are accrued.\n(d) Accrued paid sick days shall carry over to the following year of employment. However, an employer may limit an employee\u2019s use of accrued paid sick days to 24 hours or three days in each year of employment, calendar year, or 12-month period. This section shall be satisfied and no accrual or carry over is required if the full amount of leave is received at the beginning of each year of employment, calendar year, or 12-month period. The term \u201cfull amount of leave\u201d means three days or 24 hours.\n(e) An employer is not required to provide additional paid sick days pursuant to this section if the employer has a paid leave policy or paid time off policy, the employer makes available an amount of leave applicable to employees that may be used for the same purposes and under the same conditions as specified in this section, and the policy satisfies one of the following:\n(1) Satisfies the accrual, carry over, and use requirements of this section.\n(2) Provided paid sick leave or paid time off to a class of employees before January 1, 2015, pursuant to a sick leave policy or paid time off policy that used an accrual method different than providing one hour per 30 hours worked, provided that the accrual is on a regular basis so that an employee, including an employee hired into that class after January 1, 2015, has no less than one day or eight hours of accrued sick leave or paid time off within three months of employment of each calendar year, or each 12-month period, and the employee was eligible to earn at least three days or 24 hours of sick leave or paid time off within nine months of employment. If an employer modifies the accrual method used in the policy it had in place prior to January 1, 2015, the employer shall comply with any accrual method set forth in subdivision (b) or provide the full amount of leave at the beginning of each year of employment, calendar year, or 12-month period. This section does not prohibit the employer from increasing the accrual amount or rate for a class of employees covered by this subdivision.\n(3) Notwithstanding any other law, sick leave benefits provided pursuant to the provisions of Sections 19859 to 19868.3, inclusive, of the Government Code, or annual leave benefits provided pursuant to the provisions of Sections 19858.3 to 19858.7, inclusive, of the Government Code, or by provisions of a memorandum of understanding reached pursuant to Section 3517.5 that incorporate or supersede provisions of Section 19859 to 19868.3, inclusive, or Sections 19858.3 to 19858.7, inclusive of the Government Code, meet the requirements of this section.\n(f) (1) Except as specified in paragraph (2), an employer is not required to provide compensation to an employee for accrued, unused paid sick days upon termination, resignation, retirement, or other separation from employment.\n(2) If an employee separates from an employer and is rehired by the employer within one year from the date of separation, previously accrued and unused paid sick days shall be reinstated. The employee shall be entitled to use those previously accrued and unused paid sick days and to accrue additional paid sick days upon rehiring, subject to the use and accrual limitations set forth in this section. An employer is not required to reinstate accrued paid time off to an employee that was paid out at the time of termination, resignation, or separation of employment.\n(g) An employer may lend paid sick days to an employee in advance of accrual, at the employer\u2019s discretion and with proper documentation.\n(h) An employer shall provide an employee with written notice that sets forth the amount of paid sick leave available, or paid time off leave an employer provides in lieu of sick leave, for use on either the employee\u2019s itemized wage statement described in Section 226 or in a separate writing provided on the designated pay date with the employee\u2019s payment of wages. If an employer provides unlimited paid sick leave or unlimited paid time off to an employee, the employer may satisfy this section by indicating on the notice or the employee\u2019s itemized wage statement \u201cunlimited.\u201d The penalties described in this article for a violation of this subdivision shall be in lieu of the penalties for a violation of Section 226. This subdivision shall apply to employers covered by Wage Order 11 or 12 of the Industrial Welfare Commission only on and after January 21, 2016.\n(i) An employer has no obligation under this section to allow an employee\u2019s total accrual of paid sick leave to exceed 48 hours or 6 days, provided that an employee\u2019s rights to accrue and use paid sick leave are not limited other than as allowed under this section.\n(j) An employee may determine how much paid sick leave he or she needs to use, provided that an employer may set a reasonable minimum increment, not to exceed two hours, for the use of paid sick leave.\n(k) For the purposes of this section, an employer shall calculate paid sick leave using any of the following calculations:\n(1) Paid sick time for nonexempt employees shall be calculated in the same manner as the regular rate of pay for the workweek in which the employee uses paid sick time, whether or not the employee actually works overtime in that workweek.\n(2) Paid sick time for nonexempt employees shall be calculated by dividing the employee\u2019s total wages, not including overtime premium pay, by the employee\u2019s total hours worked in the full pay periods of the prior 90 days of employment.\n(3) Paid sick time for exempt employees shall be calculated in the same manner as the employer calculates wages for other forms of paid leave time.\n(l) If the need for paid sick leave is foreseeable, the employee shall provide reasonable advance notification. If the need for paid sick leave is unforeseeable, the employee shall provide notice of the need for the leave as soon as practicable.\n(m) An employer shall provide payment for sick leave taken by an employee no later than the payday for the next regular payroll period after the sick leave was taken.\nSEC. 3.\nSection 247.5 of the Labor Code is amended to read:\n247.5.\n(a) An employer shall keep for at least three years records documenting the hours worked and paid sick days accrued and used by an employee, and shall allow the Labor Commissioner to access these records pursuant to the requirements set forth in Section 1174. An employer shall make these records available to an employee in the same manner as described in Section 226. If an employer does not maintain adequate records pursuant to this section, it shall be presumed that the employee is entitled to the maximum number of hours accruable under this article, unless the employer can show otherwise by clear and convincing evidence.\n(b) Notwithstanding any other provision of this article, an employer is not obligated to inquire into or record the purposes for which an employee uses paid leave or paid time off.\nSEC. 4.\nThe provisions of this measure are severable. If any provision of this measure 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.\nSEC. 5.\nThis 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:\nIn order to clarify provisions of Article 1.5 (commencing with Section 245) of Chapter 1 of Part 1 of Division 2 of the Labor Code, for the purposes of ensuring an effective and smooth implementation of the Healthy Workplaces, Healthy Families Act of 2014, it is necessary that this act take effect immediately.","title":""}
{"_id":"c56","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nIt is the intent of the Legislature that the County of Sacramento notify and consult with the Amador County Transportation Commission, the Counties of Amador, Calaveras, and Alpine, the Cities of Plymouth, Amador City, Sutter Creek, and Jackson, and other relevant parties about any proposed relinquishment of Route 16 to the County of Sacramento as provided in this act.\nSEC. 2.\nSection 316 of the Streets and Highways Code is amended to read:\n316.\n(a) Route 16 is from:\n(1) Route 20 to Route 5 near Woodland via Rumsey and Woodland.\n(2) Route 50 near Perkins to Route 49 near Drytown.\n(b) Upon a determination by the commission that it is in the best interests of the state to do so, the commission may, upon terms and conditions approved by it, relinquish to the City of Sacramento the portion of Route 16 that is located within the city limits of that city if the city agrees to accept it. The following conditions shall apply upon relinquishment:\n(1) The relinquishment shall become effective on the date following the county recorder\u2019s recordation of the relinquishment resolution containing the commission\u2019s approval of the terms and conditions of the relinquishment.\n(2) On and after the effective date of the relinquishment, the relinquished portion of Route 16 shall cease to be a state highway.\n(3) The portion of Route 16 relinquished under this subdivision shall be ineligible for future adoption under Section 81.\n(4) For the portion of Route 16 relinquished under this subdivision, the City of Sacramento shall apply for approval of a business route designation for the relinquished portion of the highway in accordance with Chapter 20, Topic 21, of the Highway Design Manual.\n(5) For the portion of Route 16 relinquished under this subdivision, the City of Sacramento shall install and maintain within its jurisdiction signs directing motorists to the continuation of Route 16 to the east.\n(6) The City of Sacramento shall maintain the Surface Transportation Assistance Act (STAA) truck route designation for the portion of Route 16 relinquished that previously held that designation.\n(c) (1) Upon a determination by the commission that it is in the best interests of the state to do so, the commission may, upon terms and conditions approved by it, relinquish to the County of Sacramento the portion of Route 16 that is within the unincorporated area of the county and between the general easterly city limits of the City of Sacramento, approximately post mile 3.3, and 0.2 miles east of Grant Line Road, approximately post mile 12.7, if the county agrees to accept it.\n(2) The following conditions shall apply upon relinquishment:\n(A) The relinquishment shall become effective on the date following the county recorder\u2019s recordation of the relinquishment resolution containing the commission\u2019s approval of the terms and conditions of the relinquishment.\n(B) On and after the effective date of the relinquishment, the relinquished portion of Route 16 shall cease to be a state highway.\n(C) The portion of Route 16 relinquished under this subdivision shall be ineligible for future adoption under Section 81.\n(D) For the portion of Route 16 relinquished under this subdivision, the County of Sacramento shall apply for approval of a business route designation for the relinquished portion of the highway in accordance with Chapter 20, Topic 21, of the Highway Design Manual.\n(E) For the portion of Route 16 relinquished under this subdivision, the County of Sacramento shall install and maintain within its jurisdiction signs directing motorists to the continuation of Route 16 to the east.\n(F) The County of Sacramento shall maintain the STAA truck route designation for the portion of Route 16 relinquished that previously held that designation.\n(G) The County of Sacramento shall ensure the continuity of traffic flow on the relinquished portion of Route 16 within its jurisdiction, including, but not limited to, any traffic signal progression.\n(H) Any relinquishment agreement shall require that the County of Sacramento administer the operation and maintenance of the roadway in a manner that is consistent with professional traffic engineering standards.\n(I) Any relinquishment agreement shall require the County of Sacramento to ensure that appropriate traffic studies or analyses will be performed to substantiate decisions affecting traffic on the roadway.\n(d) Upon a determination by the commission that it is in the best interests of the state to do so, the commission may, upon terms and conditions approved by it, relinquish to the City of Rancho Cordova the portion of Route 16 that is within the city limits of the city between Sunrise Boulevard, approximately post mile 11.5, and Grant Line Road, approximately post mile 12.5, if the city agrees to accept it. The following conditions shall apply upon relinquishment:\n(1) The relinquishment shall become effective on the date following the county recorder\u2019s recordation of the relinquishment resolution containing the commission\u2019s approval of the terms and conditions of the relinquishment.\n(2) On and after the effective date of the relinquishment, the relinquished portion of Route 16 shall cease to be a state highway.\n(3) The portion of Route 16 relinquished under this subdivision shall be ineligible for future adoption under Section 81.\n(4) For the portion of Route 16 relinquished under this subdivision, the City of Rancho Cordova shall apply for approval of a business route designation for the relinquished portion of the highway in accordance with Chapter 20, Topic 21, of the Highway Design Manual.","title":""}
{"_id":"c158","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 148.5 of the Penal Code is amended to read:\n148.5.\n(a) Every person who reports to any peace officer listed in Section 830.1 or 830.2, or subdivision (a) of Section 830.33, the Attorney General, or a deputy attorney general, or a district attorney, or a deputy district attorney that a felony or misdemeanor has been committed, knowing the report to be false, is guilty of a misdemeanor.\n(b) Every person who reports to any other peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, that a felony or misdemeanor has been committed, knowing the report to be false, is guilty of a misdemeanor if (1) the false information is given while the peace officer is engaged in the performance of his or her duties as a peace officer and (2) the person providing the false information knows or should have known that the person receiving the information is a peace officer.\n(c) Except as provided in subdivisions (a) and (b), every person who reports to any employee who is assigned to accept reports from citizens, either directly or by telephone, and who is employed by a state or local agency which is designated in Section 830.1, 830.2, subdivision (e) of Section 830.3, Section 830.31, 830.32, 830.33, 830.34, 830.35, 830.36, 830.37, or 830.4, that a felony or misdemeanor has been committed, knowing the report to be false, is guilty of a misdemeanor if (1) the false information is given while the employee is engaged in the performance of his or her duties as an agency employee and (2) the person providing the false information knows or should have known that the person receiving the information is an agency employee engaged in the performance of the duties described in this subdivision.\n(d) Every person who makes a report to a grand jury that a felony or misdemeanor has been committed, knowing the report to be false, is guilty of a misdemeanor. This subdivision shall not be construed as prohibiting or precluding a charge of perjury or contempt for any report made under oath in an investigation or proceeding before a grand jury.\n(e) This section does not apply to reports made by persons who are required by statute to report known or suspected instances of child abuse, dependent adult abuse, or elder abuse.\n(f) This section applies to a person who reports to a person described in subdivision (a), (b), or (c), that a firearm, as defined in subdivision (a) or (b) of Section 16520, has been lost or stolen, knowing the report to be false.\nSEC. 2.\nSection 29805 of the Penal Code is amended to read:\n29805.\n(a) Except as provided in Section 29855 or subdivision (a) of Section 29800, any person who has been convicted of a misdemeanor violation of Section 71, 76, 136.1, 136.5, or 140, subdivision (d) of Section 148, subdivision (f) of Section 148.5, Section 171b, paragraph (1) of subdivision (a) of Section 171c, Section 171d, 186.28, 240, 241, 242, 243, 243.4, 244.5, 245, 245.5, 246.3, 247, 273.5, 273.6, 417, 417.6, 422, 626.9, 646.9, or 830.95, subdivision (a) of former Section 12100, as that section read at any time from when it was enacted by Section 3 of Chapter 1386 of the Statutes of 1988 to when it was repealed by Section 18 of Chapter 23 of the Statutes of 1994, Section 17500, 17510, 25300, 25800, 30315, or 32625, subdivision (b) or (d) of Section 26100, or Section 27510, or Section 8100, 8101, or 8103 of the Welfare and Institutions Code, any firearm-related offense pursuant to Sections 871.5 and 1001.5 of the Welfare and Institutions Code, or of the conduct punished in subdivision (c) of Section 27590, and who, within 10 years of the conviction, owns, purchases, receives, or has in possession or under custody or control, any firearm is guilty of a public offense, which shall be punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine.\n(b) The court, on forms prescribed by the Department of Justice, shall notify the department of persons subject to this section. However, the prohibition in this section may be reduced, eliminated, or conditioned as provided in Section 29855 or 29860.\nSEC. 2.5.\nSection 29805 of the Penal Code is amended to read:\n29805.\n(a) Except as provided in Section 29855 or subdivision (a) of Section 29800, any person who has been convicted of a misdemeanor violation of Section 71, 76, 136.1, 136.5, or 140, subdivision (d) of Section 148, subdivision (f) of Section 148.5, Section 171b, paragraph (1) of subdivision (a) of Section 171c, Section 171d, 186.28, 240, 241, 242, 243, 243.4, 244.5, 245, 245.5, 246.3, 247, 273.5, 273.6, 417, 417.6, 422, 490.2 if the property taken was a firearm, 496 if the property consists of a firearm, 626.9, 646.9, or 830.95, subdivision (a) of former Section 12100, as that section read at any time from when it was enacted by Section 3 of Chapter 1386 of the Statutes of 1988 to when it was repealed by Section 18 of Chapter 23 of the Statutes of 1994, Section 17500, 17510, 25300, 25800, 30315, or 32625, subdivision (b) or (d) of Section 26100, or Section 27510, or Section 8100, 8101, or 8103 of the Welfare and Institutions Code, any firearm-related offense pursuant to Sections 871.5 and 1001.5 of the Welfare and Institutions Code, or of the conduct punished in subdivision (c) of Section 27590, and who, within 10 years of the conviction, owns, purchases, receives, or has in possession or under custody or control, any firearm is guilty of a public offense, which shall be punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine.\n(b) The court, on forms prescribed by the Department of Justice, shall notify the department of persons subject to this section. However, the prohibition in this section may be reduced, eliminated, or conditioned as provided in Section 29855 or 29860.\nSEC. 3.\nSection 2.5 of this bill incorporates amendments to Section 29805 of the Penal Code proposed by both this bill and Assembly Bill 1176. 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 29805 of the Penal Code, and (3) this bill is enacted after Assembly Bill 1176, in which case Section 2 of this bill shall not become operative.\nSEC. 4.\nNo reimbursement is required by this act pursuant to Section 6 of Article XIII\u2009B 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\u2009B of the California Constitution.","title":""}
{"_id":"c366","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 647 of the Penal Code is amended to read:\n647.\nExcept as provided in subdivision (l),\nevery\na\nperson who commits any of the following acts is guilty of disorderly conduct, a misdemeanor:\n(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.\n(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, \u201cprostitution\u201d includes any lewd act between persons for money or other consideration.\n(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.\n(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.\n(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.\n(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.\n(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\nwhich\nthat\nwould 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:\n(1) Any person who is under the influence of any drug, or under the combined influence of intoxicating liquor and any drug.\n(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).\n(3) Any person who a peace officer in good faith believes will attempt escape or will be unreasonably difficult for medical personnel to control.\n(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, \u201cloiter\u201d 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.\n(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.\n(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.\n(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.\n(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.\n(B) Neither of the following is a defense to the crime specified in this paragraph:\n(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.\n(ii) The victim was not in a state of full or partial undress.\n(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.\n(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.\n(C) As used in this paragraph, \u201cintimate body part\u201d 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.\n(D) It shall not be a violation of this paragraph to distribute an image described in subparagraph (A) if any of the following applies:\n(i) The distribution is made in the course of reporting an unlawful activity.\n(ii) The distribution is made in compliance with a subpoena or other court order for use in a legal proceeding.\n(iii) The distribution is made in the course of a lawful public proceeding.\n(5) This subdivision shall not preclude punishment under any section of law providing for greater punishment.\n(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.\nIn 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.\nIn 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\u2019s privilege to operate a motor vehicle restricted, for not more than six months, to necessary travel to and from the person\u2019s place of employment or education. If driving a motor vehicle is necessary to perform the duties of the person\u2019s employment, the court may also allow the person to drive in that person\u2019s scope of employment.\n(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.\n(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.\n(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.\n(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\u2019 imprisonment, the court shall specify the reason on the record.","title":""}
{"_id":"c421","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nThe Legislature finds and declares all of the following:\n(a) Between 2002 and 2006, the rates of maternal deaths and severe complications doubled in both California and the United States. For every maternal death, there are approximately 100 cases of severe complications as defined by the federal Centers for Disease Control and Prevention. Severe complications occur in nearly 2 percent of all California births.\n(b) Not only are these deaths and severe complications devastating for those affected families, but the cost to the state and private payers is significant. The University of California at Los Angeles studied the costs for maternal hemorrhage and preeclampsia\/hypertension, the two leading causes of preventable maternal mortality and 80 percent of severe maternal morbidity. The study estimates that these conditions together cost Medi-Cal $200 million every year.\n(c) Information and data regarding maternal mortality and morbidity provides a clearer understanding as to the causes and can be used for guidance in quality improvement projects needed to reduce or eliminate deaths and severe complications.\n(d) Analysis using certificates of death alone has proven to be an incomplete and inadequate window into the underlying causes and assessment of maternal deaths and needs to be supplemented with other material, including coroner\u2019s reports and medical records.\n(e) The federal Centers for Disease Control and Prevention (CDC), the American Congress of Obstetricians and Gynecologists (ACOG), and the Maternal Child Health Bureau (HRSA-MCHB) all strongly encourage every state to form and support a multi-disciplinary committee to annually review maternal deaths in as timely a manner as possible. The CDC reports that 33 states have instituted maternal mortality committees.\n(f) California\u2019s over 500,000 annual births represent fully one-eighth of all United States births (and maternal deaths). Reviews of these cases represent an important resource for state and national efforts to better understand and reverse the rising rates of maternal mortality and morbidity.\n(g) Data from prior California maternal mortality reviews have been particularly useful for launching statewide improvement projects to reduce maternal deaths led by the State Department of Public Health and the California Maternal Quality Care Collaborative. This act shall establish an ongoing multi-disciplinary panel for maternal mortality and severe morbidity reviews, including reports to the Legislature.\nSEC. 2.\nSection 123237 is added to the Health and Safety Code, to read:\n123237.\n(a) For the purposes of this section, \u201cmaternal mortality\u201d or \u201cmaternal death\u201d means a death of a woman while pregnant or within 42 days of delivering or following the end of a pregnancy when the woman\u2019s death is from medical causes, including suicide, and is related to or aggravated by the pregnancy. Cases meeting these criteria are currently estimated to total between 70 and 90 cases each year. Additional deaths occurring between 42 days and 1 year following delivery may be included in these reviews if resources and time permit. \u201cSevere maternal morbidity\u201d means major maternal complications, as defined by the federal Centers for Disease Control and Prevention, occurring during birth or within 42 days of delivery.\n(b) A maternal mortality review panel is established to conduct ongoing comprehensive, multidisciplinary reviews of maternal deaths and severe maternal morbidity in California to identify factors associated with the deaths and make recommendations for system changes to improve health care services for women in this state. A maternity care provider shall chair the panel. Members of the panel shall be appointed by the director, must serve without compensation, and may include, as a minimum:\n(1) An obstetrician.\n(2) A physician specializing in maternal fetal medicine.\n(3) A neonatologist.\n(4) A certified nurse-midwife.\n(5) A labor and delivery nurse.\n(6) An anesthesiologist.\n(7) A representative from the department who works in the field of maternal and child health.\n(8) An epidemiologist with experience analyzing perinatal data.\n(9) Other professionals determined by the department and the committee chair to address specific case review topics by the committee.\n(c) The maternal mortality review panel shall conduct multidisciplinary reviews of maternal mortality and severe morbidity in California. The panel may not call witnesses or take testimony from any individual involved in the investigation of a maternal death or enforce any public health standard or criminal law, or otherwise participate, in any legal proceeding relating to a maternal death.\n(d) (1) Information, documents, proceedings, records, and opinions created, collected, or maintained by the maternity mortality review panel or the department in support of the maternal mortality review panel are confidential and are not subject to public inspection or discovery or introduction into evidence in any civil action.\n(2) Any person who attends a meeting of the maternal mortality review panel or who participates in the creation, collection, or maintenance of the panel's information, documents, proceedings, records, or opinions shall not testify in any civil action as to the content of those proceedings, or the panel's information, documents, records, or opinions. This paragraph does not prevent a member of the panel from testifying in a civil action concerning facts that form the basis for the panel's proceedings of which the panel member has personal knowledge acquired independently of the panel or that is public information.\n(3) Any person who, in substantial good faith, participates as a member of the maternal mortality review panel or provides information to further the purposes of the maternal mortality review panel may not be subject to an action for civil damages or other relief as a result of the activity or its consequences.\n(4) All meetings, proceedings, and deliberations of the maternal mortality review panel may, at the discretion of the maternal mortality review panel, be confidential and may be conducted in executive session.\n(5) The maternal mortality review panel and the director may retain identifiable information regarding facilities where maternal deaths occur, or from which the patient was transferred, and geographic information on each case solely for the purposes of trending and analysis over time. All individually identifiable information shall be removed before any case is reviewed by the panel.\n(e) The department shall review department available data to identify maternal deaths. To aid in determining whether a maternal death was related to or aggravated by the pregnancy, and whether it was preventable, the department has the authority to do both of the following:\n(1) Request and receive data for specific maternal deaths, including, but not limited to, all medical records, autopsy reports, medical examiner reports, coroner\u2019s reports, and social service records.\n(2) Request and receive data, as described in paragraph (1), from health care providers, health care facilities, clinics, laboratories, medical examiners, coroners, professionals, and facilities licensed by the department.\n(f) Upon request by the department, health care providers, health care facilities, clinics, laboratories, medical examiners, coroners, professionals, and facilities licensed by the department must provide all medical records, autopsy reports, medical examiner reports, coroner\u2019s reports, social services records, information, and other data requested for specific maternal deaths as provided in this subdivision to the department.\n(g) The panel shall also review severe maternal morbidity data provided by either the department or the California Maternal Quality Care Collaborative (CMQCC). This data shall be aggregated and deidentified but indicate major causes of morbidity and time trends.\n(h) (1) Notwithstanding Section 10231.5 of the Government Code, the department, as part of its work to advance and improve California maternity care through data-driven quality improvement, shall prepare and submit to the Legislature a biennial report on maternal mortality in California based on the data collected. The report shall protect the confidentiality of all decedents and other participants involved in any incident. The report shall be distributed publically to stimulate performance improvement. Interim results may be shared with the CMQCC quality improvement programs. The report shall include both the following:\n(A) A description of the maternal deaths reviewed by the panel during the preceding twenty-four months, including statistics and causes of maternal deaths presented in the aggregate. The report must not disclose any identifying information of patients, decedents, providers, and organizations involved.\n(B) Evidence-based system changes and policy recommendations to improve maternal outcomes and reduce preventable maternal deaths in California.\n(2) A report submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.\n(i) The department may use Title V Block Grant Program funds to support these efforts and may apply for additional federal government and private foundation grants, as needed. The department may also accept private, foundation, city, county, or federal monies to implement this section.\nSEC. 3.\nThe Legislature finds and declares that Section 2 of this act, which adds Section 123237 of the Health and Safety Code, imposes a limitation on the public\u2019s 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:\nIn order to protect confidential information, documents, proceedings, records, and opinions created, collected, or maintained by the maternity mortality review panel or the department in support of the maternity mortality review panel, it is necessary that this act limit the public\u2019s right of access to that information.\nSECTION 1.\nSection 123237 is added to the\nHealth and Safety Code\n, to read:\n123237.\n(a)Notwithstanding Section 10231.5 of the Government Code, the State Department of Public Health, as part of its work to advance and improve California maternity care through data-driven quality improvement, shall prepare and submit to the Legislature an annual report on maternal mortality and morbidity in California. The report shall include, but not be limited to, all of the following:\n(1)An analysis of maternal deaths that includes both of the following:\n(A)Case review of each death.\n(B)Analysis of patient demographics, contributing factors, and underlying causes.\n(2)An analysis of all cases of severe maternal morbidity, as defined by the federal Centers for Disease Control and Prevention, for which data collection is practicable, including analysis of patient demographics and underlying causes.\n(3)Suggestions for improvements in care to reduce maternal death and severe maternal morbidity.\n(b)In order to develop accurate reports in a resource-efficient manner, the department shall consider existing resources, including, but not limited to, all of the following:\n(1)Existing data sources available to the department.\n(2)Opportunities for partnerships with entities engaged in maternal care quality measurement or improvement.\n(3)Use of physician volunteers or committees.\n(c)A report submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.","title":""}
{"_id":"c440","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nThe Legislature finds and declares all of the following:\n(a) In 2011, there were 29,757 fatal motor vehicle crashes and 1,530,000 nonfatal serious injury crashes in the United States.\n(b) Existing law requires, within 24 hours of the arrival of a patient in the emergency department of a general acute care hospital, including a motor vehicle crash victim, who is unconscious or otherwise incapable of communication, the hospital to make reasonable efforts to contact the patient\u2019s agent, surrogate, or a family member or other person the hospital reasonably believes has the authority to make health care decisions on behalf of the patient.\n(c) Contrary to popular belief, emergency medical technicians and law enforcement do not have immediate access to family contact information following a motor vehicle crash involving individuals who are unconscious or unable to communicate, and, typically, on-scene law enforcement resort to searching personal belongings, such as a wallet, driver\u2019s license, glove compartment, or cell phone for leads to the identity of a family member or next of kin.\n(d) Critical hours elapse as family members are not notified and unconscious motor vehicle crash victims enter the emergency department of a general acute care hospital without the benefit of family members to advocate on their behalf or provide important information to enhance medical care, as there is a national average of six hours\u2019 lack of notice for in-state incidents and over two days\u2019 lack of notice for out-of-state incidents.\n(e) In 2008, a VinECON policy resolution was adopted by the American Association of State Highway and Transportation Officials\u2019 (AASHTO) Standing Committee on Highway Traffic Safety Subcommittee on Safety Management, with the support and assistance of the Healthcare Information Technology Standards Panel, the International Association of Chiefs of Police, the International Association of Fire Chiefs, the National Association of State EMS Officials, the International Association of Public-Safety Communications Officials, and the Governors Highway Safety Association.\n(f) The AASHTO VinECON policy resolution encouraged motor vehicle manufacturers to establish a national law enforcement vehicle identification number emergency contact locator database, in conjunction with the National Law Enforcement Telecommunication System (Nlets).\n(g) As authorized by the City of Los Angeles in 2013, pursuant to Council File No. 13-0002-S3, the City of Los Angeles adopted a resolution seeking a sponsor of California legislation to the Vehicle Code, relating to vehicles enforcing the AASHTO VinECON policy resolution.\n(h) A purchaser or lessee of a new motor vehicle from a new motor vehicle dealer in this state should have the right to voluntarily register at the point of sale an emergency contact to be stored in the VinECON database to be utilized by law enforcement if the motor vehicle is involved in a crash or other emergency situation rendering the occupant unconscious or otherwise unable to communicate with the contact person or persons.\n(i) As authorized by the Legislature in 2001, the Department of Motor Vehicles administers the Business Partner Automation Program, pursuant to Section 1685 of the Vehicle Code, to improve the quality of registration products and services by licensing qualified private industry partners to provide secure electronic portals to licensed new motor vehicle dealers so that they may perform required registration tasks and services electronically.\n(j) It is the intent of the Legislature in enacting this act to further increase the registration benefits of the DMV Business Partner Automation Program by allowing a purchaser or lessee of a new motor vehicle to voluntarily register at point of sale an emergency contact in the VinECON database using electronic programs provided by a qualified private industry partner. This act will assist police to expeditiously provide VinECON data to the emergency department of a general acute care hospital receiving a motor vehicle crash victim who is unconscious or otherwise incapable of communication.\nSEC. 2.\nSection 9956 is added to the Vehicle Code, to read:\n9956.\n(a) This section shall be known, and may be cited, as the \u201cMotor Vehicle Emergency Contact Locator Act of 2015.\u201d\n(b) For purposes of this section, \u201cVinECON database\u201d means the national law enforcement vehicle identification number emergency contact locator database.\n(c) This database shall be established by motor vehicle manufacturers, in conjunction with law enforcement agencies and the National Law Enforcement Telecommunications System.\n(d) This section applies only to vehicles sold or leased in this state on or after January 2, 2016, with a 2017 model year or later.\n(e) (1) A new motor vehicle dealer of a motor vehicle sold or leased in this state on or after January 2, 2016, with a 2017 model year or later, shall allow a purchaser or lessee of a new motor vehicle to voluntarily register at point of sale an emergency contact in the VinECON database using electronic programs provided by a DMV licensed electronic registration private industry partner.\n(2) A new motor vehicle dealer providing services under paragraph (1) may charge the purchaser a VinECON electronic registration fee equal to the dealer\u2019s electronic registration costs, not to exceed thirty-one dollars ($31).\n(3)  A new motor vehicle dealer providing services under paragraph (1) may charge the purchaser a VinECON document processing fee not to exceed eighty-five dollars ($85).\n(4) The VinECON data stored in the national law enforcement vehicle identification number emergency contact locator database pursuant to this section shall be made available electronically only to authorized law enforcement personnel.\n(5) If a motor vehicle crash victim is rendered unable to communicate due to physical injury, law enforcement personnel shall, when practicable, expeditiously provide verbal or written VinECON data to the emergency department of a general acute care hospital receiving a motor vehicle crash victim who is unconscious or otherwise incapable of communication.\n(6) Neither the law enforcement officer nor the law enforcement agency that employs that law enforcement officer is liable if the general acute care hospital is not able to make contact with the designated emergency contact person.\n(f) (1) A new motor vehicle dealer shall make a good faith effort to register accurate VinECON data as provided by the purchaser or lessee at the original retail point of sale using electronic programs provided by a qualified private industry partner.\n(2) Neither the motor vehicle manufacturer nor the new motor vehicle dealer is liable for any liability for damages, costs, or expenses, including, but not limited to, consequential damages arising or resulting from any inaccurate VinECON data or system unavailability.\n(g) A violation of the requirements of this section is a cause for discipline pursuant to Section 11705.\nSEC. 3.\nIf 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.","title":""}
{"_id":"c449","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nThe Legislature finds and declares all of the following:\n(a) Persons with developmental disabilities have to struggle to find gainful employment. Statewide unemployment among people with developmental disabilities of working age is approximately 90 percent.\n(b) According to the Employment Development Department, the average annual earnings of employed persons with developmental disabilities is approximately five thousand five hundred dollars ($5,500).\n(c) Within the community of people with developmental disabilities, people diagnosed with autism are the fastest growing population, making up approximately 50 percent of the annual new caseload of regional centers in some areas of the state.\n(d) Seven years after exiting the K-12 school system, one in three adults with autism still does not have paid work experience or a college or technical education.\n(e) Nationally recognized employment internship training models like Project SEARCH have demonstrated that many people with developmental disabilities can be successfully employed in jobs that earn a living wage.\n(f) The key elements of successful programs like Project SEARCH are:\n(1) The opportunity for people with developmental disabilities to be exposed to real work through internships.\n(2) The opportunity for people with developmental disabilities to receive on-the-job customized training and support during internships.\n(3) The opportunity for employers, in an internship setting, to experience firsthand the quality of work of a person with a developmental disability.\n(g) The existing state hiring process for people with disabilities, known as the Limited Examination and Appointment Program, or LEAP, is not well suited to correctly assess the qualifications and abilities of many people with developmental disabilities because it relies on written testing as an assessment tool and is not performance based. As a result, very few people with developmental disabilities are represented in the state workforce.\n(h) The Governor and the Legislature must address the lack of access people with developmental disabilities have to employment opportunities with the State of California and take steps to become a \u201cmodel employer\u201d to demonstrate the potential of this untapped workforce.\n(i) In enacting this measure, the Legislature intends to create more access to state employment for people with developmental disabilities by allowing successful internship performance in a state agency, in lieu of a written test, to serve as meeting the minimum qualifications for consideration for hire into an entry-level position with the State of California. The Legislature further intends to grant flexibility to state agencies to hire persons with developmental disabilities who meet specific needs of those agencies into entry-level positions without requiring those persons to be able to perform the full range of tasks typically required by the entry-level job classification.\n(j) The Legislature intends that these model employer practices be targeted at people with developmental disabilities who are between 18 and 30 years of age and are deemed eligible by the Department of Rehabilitation to receive supported employment services. If this population is left without purposefully designed pathways to employment, these young adults will remain at a high risk of public dependency throughout the course of their lives.\nSEC. 2.\nSection 19240 of the Government Code is amended to read:\n19240.\n(a) The department, consistent with board rules, shall be responsible for the administration of the Limited Examination and Appointment Program. This program shall provide an alternative to the traditional civil service examination and appointment process to facilitate the hiring of persons with disabilities in the state civil service.\n(b) For purposes of this article, the following terms have the following meanings:\n(1) \u201cDevelopmental disability\u201d has the definition set forth in Section 4512 of the Welfare and Institutions Code.\n(2) \u201cDisability\u201d has the definition set forth in Section 12926, as that section presently reads or as it subsequently may be amended.\n(3) \u201cLEAP\u201d means the Limited Examination and Appointment Program implemented and administered by the department pursuant to this chapter.\n(4) \u201cPerson with a developmental disability\u201d means a person who the State Department of Developmental Services deems eligible for services pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and who is a consumer of a regional center pursuant to Chapter 5 (commencing with Section 4620) of the act.\n(c) Notwithstanding subdivision (b), if the definition of \u201cdisability\u201d used in the federal Americans with Disabilities Act of 1990 (Public Law 101-336) would result in broader protection of the civil rights of persons with a mental or physical disability, as defined in subdivision (b), then that broader protection shall be deemed incorporated by reference into, and shall prevail over conflicting provisions of, the definition in subdivision (b). The definition of \u201cdisability\u201d contained in subdivision (b) shall not be deemed to refer to or include conditions excluded from the federal definition of \u201cdisability\u201d pursuant to Section 511 of the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12211).\n(d) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.\nSEC. 3.\nSection 19240 is added to the Government Code, to read:\n19240.\n(a) The department, consistent with board rules, shall be responsible for the administration of the Limited Examination and Appointment Program. This program shall provide an alternative to the traditional civil service examination and appointment process to facilitate the hiring of persons with disabilities in the state civil service.\n(b) \u201cDisability\u201d for the purposes of this article has the definition set forth in Section 12926, as that section presently reads or as it subsequently may be amended.\n(c) Notwithstanding subdivision (b), if the definition of \u201cdisability\u201d used in the federal Americans with Disabilities Act of 1990 (Public Law 101-336) would result in broader protection of the civil rights of individuals with a mental or physical disability, as defined in subdivision (b), then that broader protection shall be deemed incorporated by reference into, and shall prevail over conflicting provisions of, the definition in subdivision (b). The definition of \u201cdisability\u201d contained in subdivision (b) shall not be deemed to refer to or include conditions excluded from the federal definition of \u201cdisability\u201d pursuant to Section 511 of the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12211).\n(d) This section shall become operative on January 1, 2021.\nSEC. 4.\nSection 19241 of the Government Code is amended to read:\n19241.\n(a) The department, consistent with board rules, shall be responsible for the implementation of this chapter, which may provide for the establishment of eligibility criteria for participation, special job classifications, examination techniques, the creation of a LEAP internship program for persons with developmental disabilities in coordination with the State Department of Developmental Services and the Department of Rehabilitation, and appointment and appeals procedures.\n(b) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.\nSEC. 5.\nSection 19241 is added to the Government Code, to read:\n19241.\n(a) The department, consistent with board rules, shall be responsible for the implementation of this chapter, which may provide for the establishment of eligibility criteria for participation, special job classifications, examination techniques, and appointment and appeals procedures.\n(b) This section shall become operative on January 21, 2021.\nSEC. 6.\nSection 19241.5 is added to the Government Code, to read:\n19241.5.\n(a) This chapter establishes the Limited Examination and Appointment Program as a voluntary, additional method of applying for state employment and is not a mandate on any state agency employer or job applicant except to the extent specifically directed by the board.\n(b) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.\nSEC. 7.\nSection 19242 of the Government Code is amended to read:\n19242.\n(a) The department or its designee shall conduct competitive examinations to determine the qualifications and readiness of persons with disabilities for state employment. The examinations may include an on-the-job-performance evaluation and any other selection techniques deemed appropriate.\n(b) (1) The department or its designee shall permit a person with a developmental disability to choose to complete a written examination or readiness evaluation, or to complete an internship as described in subparagraphs (A) and (B), in order to qualify for service in a position under the Limited Examination and Appointment Program. The use of an internship as a competitive examination of a person with a developmental disability shall consist of both of the following:\n(A) Successful completion of an internship with a state agency of at least 512 hours in duration.\n(B) Certification by the state agency that the employee has completed the internship and has demonstrated the skills, knowledge, and abilities necessary to successfully perform the requirements of the position.\n(2) A person with a developmental disability who successfully completes the examination or internship required by this subdivision is deemed to meet the minimum qualifications, as determined by the board, for the position in which the internship was performed.\n(c) Examination results may be ranked or unranked.\n(d) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.\nSEC. 8.\nSection 19242 is added to the Government Code, to read:\n19242.\n(a) The department or its designee shall conduct competitive examinations to determine the qualifications and readiness of persons with disabilities for state employment. The examinations may include an on-the-job-performance evaluation and any other selection techniques deemed appropriate. Examination results may be ranked or unranked.\n(b) This section shall become operative on January 1, 2021.\nSEC. 9.\nSection 19242.05 is added to the Government Code, immediately following Section 19242, to read:\n19242.05.\n(a) The LEAP internship program created in accordance with Section 19241 shall be designed to allow persons with developmental disabilities to meet the minimum qualifications of the LEAP classification to which he or she seeks an examination appointment. The length of a LEAP internship shall be for a minimum period of 512 working hours.\n(b) A person with a developmental disability who successfully completes a LEAP internship upon certification by the appointing power shall be considered as meeting the referral requirements necessary to be eligible for an examination appointment, as specified in Section 19242.2, without being required to pass a written examination or readiness evaluation.\n(c) The LEAP internship program may be accessed as an unpaid or paid internship if the state agency providing the internship has available funding authority within its personnel budget.\n(d) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.\nSEC. 10.\nSection 19242.2 of the Government Code is amended to read:\n19242.2.\n(a) The department or its designee shall refer the names of persons with disabilities who meet eligibility criteria for participation and the minimum qualifications of the job classification and any other requirements deemed appropriate by the board to appointing powers for examination appointments. Notwithstanding any other provision of law, and to provide for appropriate job-person placement, all candidates meeting referral requirements shall be eligible for examination appointment. The department may prescribe the method for referring names to appointing powers.\n(b) (1) The department or its designee shall refer the names of persons with developmental disabilities to appointing powers for selection for participation in an internship examination as set forth in subdivision (b) of Section 19242.\n(2) The department or its designee may refer the names of persons with developmental disabilities who have successfully completed an internship examination to appointing powers for consideration for appointment in the same job classification as the position in which the applicant successfully completed his or her internship.\n(3) The department may prescribe the method for referring names to appointing powers, including, but not limited to, working with the appointing power to identify positions that could successfully be filled by persons with developmental disabilities.\n(c) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.\nSEC. 11.\nSection 19242.2 is added to the Government Code, to read:\n19242.2.\n(a) The department or its designee shall refer the names of persons with disabilities who meet eligibility criteria for participation and the minimum qualifications of the job classification and any other requirements deemed appropriate by the board to appointing powers for examination appointments. Notwithstanding any other provision of law, and to provide for appropriate job-person placement, all candidates meeting referral requirements shall be eligible for examination appointment. The department may prescribe the method for referring names to appointing powers.\n(b) This section shall become operative on January 1, 2021.\nSEC. 12.\nSection 19242.3 is added to the Government Code, to read:\n19242.3.\n(a) A state agency that provides an internship to a person with a developmental disability or appoints a person with a developmental disability to a position under the Limited Examination and Appointment Program may finance the internship or position with personnel or any other funds available for this purpose and assigned to a vacant or unfilled position. A state agency that transfers funds from a vacant or unfilled position pursuant to this section does not eliminate the vacant or unfilled position, and may return or assign funds to fill the position.\n(b) (1) A state agency that provides an internship to a person with a developmental disability or appoints a person with a developmental disability to a position under the Limited Examination and Appointment Program shall allow the person to receive on-the-job support, as determined by the Department of Rehabilitation or the State Department of Developmental Services pursuant to existing rules and the service authorization of those supported employment programs, as a reasonable accommodation for the person\u2019s disability.\n(2) On-the-job supportive services, in addition to the services set forth in subdivision (q) of Section 4851 of the Welfare and Institutions Code, may consist of, but need not be limited to, time spent with a job coach on any of the following:\n(A) Conducting job analysis, specific training, and supervision of the intern while the intern is engaged in his or her internship.\n(B) Conducting skills-building training, including, but not limited to, adaptive functional and social skills training and support as necessary to ensure internship adjustment.\n(C) Working with families and other support networks to ensure internship adjustment.\n(D) Evaluation of performance of the intern, including, but not limited to, communication with the internship supervisor.\n(3) The services of the job coach are not the responsibility of the state agency providing the internship, unless the agency is otherwise the direct payor of those services.\n(4) In order for the internship to meet the minimum qualifications of the desired position, the internship shall be successfully completed, as set forth in subdivision (b) of Section 19242, in the same job classification as the position the person is applying for.\n(5) If a job examination period is required prior to the permanent hiring of a qualified person with a developmental disability, the appointing authority may apply some or all of the internship hours performed to meet some or all of the job examination period requirement.\n(6) On-the-job supportive services are allowable to the extent authorized by other state programs and are not the financial or programmatic responsibility of any state agency engaged in establishing the LEAP internship process.\n(c) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.","title":""}
{"_id":"c443","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nThe Legislature finds and declares all of the following:\n(a) It is the goal of state government, in collecting demographic data, to gather accurate information in order to understand, compare, report, and apply that data to the enhancement and improvement of public services.\n(b) Currently, the state does not consistently collect demographic data related to sexual orientation or gender identity.\n(c) The limited data available for the Lesbian, Gay, Bisexual, and Transgender (LGBT) communities includes all of the following:\n(1) According to a University of California, Los Angeles, study from the Williams Institute, nearly one in five children being raised by same-sex couples (approximately 24 percent) live in poverty compared to 14 percent of children being raised by different-sex couples.\n(2) Data from a 2013 Williams Institute report on patterns of poverty of LGBT communities shows that one-third of lesbian couples and 20.1 percent of gay male couples without a high school diploma are in poverty, compared to 18.8 percent of different-sex married couples. The report further showed African American same-sex couples have poverty rates more than twice the rate of different-sex married African American couples and there are high levels of poverty in bisexual individuals in California reaching approximately 25 percent of bisexual people compared to 17 percent for heterosexual people.\n(3) According to the California Department of Justice, in 2013, hate crimes with a sexual orientation bias motivation were the second most common type of hate crime, comprising 25 percent of all hate crimes.\n(4) Various studies, including those by the United States Department of Health and Human Services and the Institute of Medicine, found that health disparities impacting lesbian, gay, bisexual, and transgender include higher risks for cancer, mental illness, and other diseases, as well as higher rates of smoking and substance abuse.\n(5) Research from the Lesbian, Gay, Bisexual, Transgender, Queer, and Questioning (LGBTQ) Reducing Disparities Project found that LGBTQ respondents statewide reported troublesome experiences with service providers in regard to how accepting or rejecting service providers have been of their sexual orientation and gender identity\/expression. Further, LGBTQ respondents reported difficulty finding providers knowledgeable and accepting of sexual orientation and gender identity concerns.\n(d) Due to historical systemic exclusion of data collection of LGBT communities, significant disparities in their health and welfare have been prolonged compared to the broader community. LGBT communities face disproportionately high rates of poverty, suicide, homelessness, isolation, substance abuse, and violence, and low rates of health insurance. These problems are more prevalent for youth and seniors, communities of color, and bisexual and transgender and undocumented communities.\n(e) It is in the best interests of the state to respect, embrace, and understand the full diversity of its residents and to collect accurate data to effectively implement and deliver critical state services and programs.\n(f) It is the intent of the Legislature that the state departments specified in Section 8310.8 of the Government Code, as added by Section 2 of this act, utilize existing work and research, including, but not limited to, referencing research on promising and community-defined practices and stakeholders when developing questions to collect voluntary self-identified information pertaining to sexual orientation and gender identity. Further, it is the intent of the Legislature that the state departments specified in subdivision (a) of Section 8310.8 of the Government Code, as added by Section 2 of this act, that collect demographic data consider urging the collection of voluntary self-identified information pertaining to sexual orientation and gender identity in circumstances where an entity not covered by this act does not already collect this information.\nSEC. 2.\nSection 8310.8 is added to the Government Code, to read:\n8310.8.\n(a) (1) This section shall only apply to the following state departments:\n(A) The State Department of Health Care Services.\n(B) The State Department of Public Health.\n(C) The State Department of Social Services.\n(D) The California Department of Aging.\n(2) This section shall be known and may be cited as the Lesbian, Gay, Bisexual, and Transgender Disparities Reduction Act.\n(b) (1) Except as specified in paragraph (2), in addition to the duties imposed by Section 8310.5 and to the extent permissible by federal law, the state departments identified in subdivision (a), in the course of collecting demographic data directly or by contract as to the ancestry or ethnic origin of Californians, shall collect voluntary self-identification information pertaining to sexual orientation and gender identity.\n(2) The departments identified in subdivision (a) may, but are not required to, collect demographic data pursuant to this section under either of the following circumstances:\n(A) Pursuant to federal programs or surveys, whereby the guidelines for demographic data collection categories are defined by the federal program or survey.\n(B) Demographic data is collected by other entities including:\n(i) State offices, departments, and agencies not included in subdivision (a).\n(ii) Surveys administered by third-party entities and where the state department is not the sole funder.\n(c) (1) During the regular process of reporting of demographic data to the Legislature, the state departments identified in subdivision (a) shall report the data collected pursuant to this section and the method used to collect that data, and make the data available to the public in accordance with state and federal law, except for personal identifying information, which shall be deemed confidential and shall not be disclosed.\n(2) The state departments identified in subdivision (a) shall not report demographic data that would permit identification of individuals or would result in statistical unreliability. Demographic reports on data collected pursuant to this section, to prevent identification of individuals, may aggregate categories at a state, county, city, census tract, or zip code level to facilitate comparisons and identify disparities.\n(3) The state departments identified in subdivision (a) may use information voluntarily provided about sexual orientation and gender identity only for demographic analysis, coordination of care, quality improvement of its services, conducting approved research, fulfilling reporting requirements, and guiding policy or funding decisions. All information about sexual orientation and gender identity collected pursuant to this section shall be used only for purposes specified in this section.\n(d) The state departments identified in subdivision (a) shall come into compliance with the requirements of this section as early as possible following the effective date of this section, but no later than July 1, 2018.\nSEC. 3.\nThe Legislature finds and declares that Section 2 of this act, which adds Section 8310.8 to the Government Code, imposes a limitation on the public\u2019s 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:\nDue to the sensitive general nature of data relating to sexual orientation and gender identity and the need to protect the safety of those who would provide voluntary self-identification information pertaining to their sexual orientation and gender identity, it is necessary to prohibit the public disclosure of personal identifying information that would allow the identification of an individual who provided voluntary self-identification information pertaining to sexual orientation and gender identity.","title":""}
{"_id":"c71","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nPart 9.5 (commencing with Section 2500) is added to Division 2 of the Labor Code, to read:\nPART 9.5. Grocery Workers\n2500.\n(a) Supermarkets and other grocery retailers are the primary points of distribution for food and other daily necessities for the residents of California and are therefore essential to the vitality of every California community.\n(b) The state has a compelling interest in ensuring the welfare of the residents of its communities through the maintenance of health and safety standards in grocery establishments.\n(c) Experienced grocery retail workers with knowledge of proper sanitation procedures, health regulations and laws, and an experience-based understanding of the clientele and communities in which the retailer is located are essential in furthering this interest and the state\u2019s investments in health and safety.\n(d) A transitional retention period for grocery retail workers upon change of ownership, control, or operation of grocery stores ensures stability throughout the state for these vital workers, which, in turn, results in preservation of health and safety standards.\n2502.\nFor purposes of this part, the following definitions shall apply:\n(a) \u201cChange in control\u201d means any sale, assignment, transfer, contribution, or other disposition of all or substantially all of the assets or a controlling interest, including by consolidation, merger, or reorganization, of the incumbent grocery employer or any person who controls the incumbent grocery employer or any grocery establishment under the operation or control of either the incumbent grocery employer or any person who controls the incumbent grocery employer.\n(b) \u201cEligible grocery worker\u201d means any individual whose primary place of employment is at the grocery establishment subject to a change in control, and who has worked for the incumbent grocery employer for at least six months prior to the execution of the transfer document. \u201cEligible grocery worker\u201d does not include a managerial, supervisory, or confidential employee.\n(c) \u201cEmployment commencement date\u201d means the date on which an eligible grocery worker retained by the successor grocery employer pursuant to this part commences work for the successor grocery employer in exchange for benefits and compensation under the terms and conditions established by the successor grocery employer and as required by law.\n(d) \u201cGrocery establishment\u201d means a retail store in this state that is over 15,000 square feet in size and that sells primarily household foodstuffs for offsite consumption, including the sale of fresh produce, meats, poultry, fish, deli products, dairy products, canned foods, dry foods, beverages, baked foods, or prepared foods. Other household supplies or other products shall be secondary to the primary purpose of food sales.\n(e) \u201cIncumbent grocery employer\u201d means the person that owns, controls, or operates the grocery establishment at the time of the change in control.\n(f) \u201cPerson\u201d means an individual, corporation, partnership, limited partnership, limited liability partnership, limited liability company, business trust, estate, trust, association, joint venture, agency, instrumentality, or any other legal or commercial entity, whether domestic or foreign.\n(g) \u201cSuccessor grocery employer\u201d means the person that owns, controls, or operates the grocery establishment after the change in control.\n(h) \u201cTransfer document\u201d means the purchase agreement or other document effecting the change in control.\n2504.\n(a) The incumbent grocery employer shall, within 15 days after the execution of the transfer document, provide to the successor grocery employer the name, address, date of hire, and employment occupation classification of each eligible grocery worker.\n(b) The successor grocery employer shall maintain a preferential hiring list of eligible grocery workers identified by the incumbent grocery employer pursuant to subdivision (a) and shall hire from that list for a period beginning upon the execution of the transfer document and continuing for 90 days after the grocery establishment is fully operational and open to the public under the successor grocery employer.\n(c) If the successor grocery employer extends an offer of employment to an eligible grocery worker pursuant to this part, the successor grocery employer shall retain written verification of that offer for at least three years after the date of the offer. The verification shall include the name, address, date of hire, and employment occupation classification of each eligible grocery worker.\n2506.\n(a) A successor grocery employer shall retain each eligible grocery worker hired pursuant to this part for at least 90 days after the eligible grocery worker\u2019s employment commencement date. During this 90-day transition employment period, eligible grocery workers shall be employed under the terms and conditions established by the successor grocery employer and pursuant to the terms of a relevant collective bargaining agreement, if any.\n(b) If, within the period established in subdivision (b) of Section 2504, the successor grocery employer determines that it requires fewer eligible grocery workers than were required by the incumbent grocery employer, the successor grocery employer shall retain eligible grocery workers by seniority within each job classification to the extent that comparable job classifications exist or pursuant to the terms of a relevant collective bargaining agreement, if any. Nonclassified eligible grocery workers shall be retained by seniority and according to experience or pursuant to the terms of a relevant collective bargaining agreement, if any.\n(c) During the 90-day transition employment period, the successor grocery employer shall not discharge without cause an eligible grocery worker retained pursuant to this part.\n(d) At the end of the 90-day transition employment period, the successor grocery employer shall make a written performance evaluation for each eligible grocery worker retained pursuant to this part. If the eligible grocery worker\u2019s performance during the 90-day transition employment period is satisfactory, the successor grocery employer shall consider offering the eligible grocery worker continued employment under the terms and conditions established by the successor grocery employer and as required by law. The successor grocery employer shall retain a record of the written performance evaluation for at least three years.\n2508.\n(a) The incumbent grocery employer shall post public notice of the change in control at the location of the affected grocery establishment within five business days following the execution of the transfer document. Notice shall remain posted during any closure of the grocery establishment and until the grocery establishment is fully operational and open to the public under the successor grocery employer.\n(b) Notice shall include, but not be limited to, the name of the incumbent grocery employer and its contact information, the name of the successor grocery employer and its contact information, and the effective date of the change in control.\n(c) Notice shall be posted in a conspicuous place at the grocery establishment in a manner to be readily viewed by eligible grocery workers and other employees, customers, and members of the public.\n2512.\nParties subject to this part may, by collective bargaining agreement, provide that the agreement supersedes the requirements of this part.\n2516.\nThis part shall not apply to grocery establishments that will be located in geographic areas designated by the United States Department of Agriculture as a food desert, based on the original food desert measure contained in the Food Access Research Atlas, provided that both of the following apply:\n(a) More than six years have elapsed since the most recent grocery establishment was located in the area designated as a food desert.\n(b) The grocery establishment stocks and during normal business hours sells fresh fruit and vegetables in amounts and of a quality that is comparable to what the establishment sells in its three geographically closest stores, which are located outside of the food desert.\n2518.\nThis part shall not be construed to limit an eligible grocery worker\u2019s right to bring legal action for wrongful termination.\n2520.\nThis part does not preempt any city, county, or city and county ordinances that provide equal or greater protection to eligible grocery workers.\n2522.\nThe provisions of this part are severable. If any provision of this part 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.","title":""}
{"_id":"c241","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 23663 of the Revenue and Taxation Code is amended to read:\n23663.\n(a) (1) Notwithstanding any other law\nto the contrary\n, for each taxable year beginning on or after July 1, 2008, any credit allowed to a taxpayer under this chapter that is an eligible credit may be assigned by that taxpayer to any eligible assignee.\n(2) A credit assigned under paragraph (1) may\nonly\nbe applied by the eligible assignee\nonly\nagainst the\n\u201ctax\u201d (as\n\u201ctax,\u201d as\ndefined in Section\n23036)\n23036,\nof the eligible assignee in a taxable year beginning on or after January 1, 2010.\n(3) Except as specifically provided in this section, following an assignment of any eligible credit under this section, the eligible assignee shall be treated as if it originally earned the assigned credit.\n(b) For purposes of this section, the following definitions shall apply:\n(1) \u201cAffiliated corporation\u201d means a corporation that is a member of a commonly controlled group as defined in Section 25105.\n(2) \u201cEligible credit\u201d shall mean:\n(A) Any credit earned by the taxpayer in a taxable year beginning on or after July 1, 2008, or\n(B) Any credit earned in any taxable year beginning before July 1, 2008, that is eligible to be carried forward to the taxpayer\u2019s first taxable year beginning on or after July 1, 2008, under the provisions of this part.\n(3) \u201cEligible assignee\u201d shall mean any affiliated corporation that is properly treated as a member of the same combined reporting group pursuant to Section 25101 or 25110 as the taxpayer assigning the eligible credit as of:\n(A) In the case of credits earned in taxable years beginning before July 1, 2008:\n(i) June 30, 2008, and\n(ii) The last day of the taxable year of the assigning taxpayer in which the eligible credit is assigned.\n(B) In the case of credits earned in taxable years beginning on or after July 1, 2008.\n(i) The last day of the first taxable year in which the credit was allowed to the taxpayer, and\n(ii) The last day of the taxable year of the assigning taxpayer in which the eligible credit is assigned.\n(c) (1) The election to assign any credit under subdivision (a) shall be irrevocable once made, and shall be made by the taxpayer allowed that credit on its original return for the taxable year in which the assignment is made.\n(2) The taxpayer assigning any credit under this section shall reduce the amount of its unused credit by the face amount of any credit assigned under this section, and the amount of the assigned credit shall not be available for application against the assigning taxpayer\u2019s \u201ctax\u201d in any taxable year, nor shall it thereafter be included in the amount of any credit carryover of the assigning taxpayer.\n(3) The eligible assignee of any credit under this section may apply all or any portion of the assigned credits against the \u201ctax\u201d of the eligible assignee for the taxable year in which the assignment occurs, or any subsequent taxable year, subject to any carryover period limitations that apply to the assigned credit and also subject to the limitation in paragraph (2) of subdivision (a).\n(4)\nIn no case may the\nThe\neligible assignee\nshall not\nsell, otherwise transfer, or thereafter assign the assigned credit to any other taxpayer.\n(d) (1)\nNo consideration\nConsideration\nshall\nnot\nbe required to be paid by the eligible assignee to the assigning taxpayer for assignment of any credit under this section.\n(2) In the event that any consideration is paid by the eligible assignee to the assigning taxpayer for the transfer of an eligible credit under this section, then:\n(A)\nNo\nA\ndeduction shall\nnot\nbe allowed to the eligible assignee under this part with respect to any amounts so paid, and\n(B)\nNo amounts\nAny amount\nso received by the assigning taxpayer shall\nnot\nbe includable in gross income under this part.\n(e) (1) The Franchise Tax Board shall specify the form and manner in which the election required under this section shall be made, as well as any necessary information that shall be required to be provided by the taxpayer assigning the credit to the eligible assignee.\n(2) Any taxpayer who assigns any credit under this section shall report any information, in the form and manner specified by the Franchise Tax Board, necessary to substantiate any credit assigned under this section and verify the assignment and subsequent application of any assigned credit.\n(3) Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to any standard, criterion, procedure, determination, rule, notice, or guideline established or issued by the Franchise Tax Board pursuant to paragraphs (1) and (2).\n(4) The Franchise Tax Board may issue any\nregulations\nregulation\nnecessary to implement the purposes of this section, including any\nregulations\nregulation\nnecessary to specify the treatment of any assignment that does not comply with\nthe requirements of\nthis section (including, for example,\nwhere\nif\nthe taxpayer and eligible assignee are not properly treated as members of the same combined reporting group on any of the dates specified in paragraph (3) of subdivision (b).\n(f) (1) The taxpayer and the eligible assignee shall be jointly and severally liable for any tax, addition to tax, or penalty that results from the disallowance, in whole or in part, of any eligible credit assigned under this section.\n(2)\nNothing in this\nThis\nsection shall\nnot\nlimit the authority of the Franchise Tax Board to audit either the assigning taxpayer or the eligible assignee with respect to any eligible credit assigned under this section.\n(g) On or before June 30, 2013, the Franchise Tax Board shall report to the Joint Legislative Budget Committee, the Legislative Analyst, and the relevant policy committees of both houses on the effects of this section. The report shall include, but need not be limited to, the following:\n(1) An estimate of use of credits in the 2010 and 2011 taxable years by eligible taxpayers.\n(2) An analysis of effect of this section on expanding business activity in the state related to these credits.\n(3) An estimate of the resulting tax revenue loss to the state.\n(4) The report shall cover all credits covered in this section, but focus on the credits related to research and development, economic incentive areas, and low-income housing.","title":""}
{"_id":"c332","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 51283 of the Government Code is amended to read:\n51283.\n(a) Prior to any action by the board or council giving tentative approval to the cancellation of any contract, the county assessor of the county in which the land is located shall determine the current fair market value of the land as though it were free of the contractual restriction. The assessor shall certify to the board or council the cancellation valuation of the land for the purpose of determining the cancellation fee. At the same time, the assessor shall send a notice to the landowner and the Department of Conservation indicating the current fair market value of the land as though it were free of the contractual restriction and advise the\nparties, that\nparties that,\nupon their request, the assessor shall provide all information relevant to the valuation, excluding third-party information. If any information is confidential or otherwise protected from release, the department and the landowner shall hold\nit\nthat information\nas confidential and return or destroy any protected information upon termination of all actions relating to valuation or cancellation of the contract on the property. The notice shall also advise the landowner and the department of the opportunity to request formal review from the assessor.\n(b) Prior to giving tentative approval to the cancellation of any contract, the board or council shall determine and certify to the county auditor the amount of the cancellation fee that the landowner shall pay the county treasurer upon cancellation. That fee shall be an amount equal to 12\n1\/2\npercent of the cancellation valuation of the property.\n(c) If it finds that it is in the public interest to do so, the board or council may waive any payment or any portion of a payment by the landowner, or may extend the time for making the payment or a portion of the payment contingent upon the future use made of the land and its economic return to the landowner for a period of time not to exceed the unexpired period of the contract, had it not been canceled, if all of the following occur:\n(1) The cancellation is caused by an involuntary transfer or change in the use\nwhich\nthat\nmay be made of the land and the land is not immediately suitable, nor will be immediately used, for a purpose\nwhich\nthat\nproduces a greater economic return to the owner.\n(2) The board or council has determined that it is in the best interests of the program to conserve agricultural land use that the payment be either deferred or is not required.\n(3) The waiver or extension of time is approved by the Secretary of the\nNatural\nResources Agency. The secretary shall approve a waiver or extension of time if the secretary finds that the granting of the waiver or extension of time by the board or council is consistent with the policies of this chapter and that the board or council complied with this article. In evaluating a request for a waiver or extension of time, the secretary shall review the findings of the board or council, the evidence in the record of the board or council, and any other evidence the secretary may receive concerning the cancellation, waiver, or extension of time.\n(d) The first two million five hundred thirty-six thousand dollars ($2,536,000) of revenue paid to the Controller pursuant to subdivision (e) in the 2004\u201305 fiscal year, and any other amount as approved in the final Budget Act for each fiscal year thereafter, shall be deposited in the Soil Conservation Fund, which is continued in existence. The money in the fund is available,\nwhen appropriated\nupon appropriation\nby the Legislature, for the support of all of the following:\n(1) The cost of the farmlands mapping and monitoring program of the Department of Conservation pursuant to Section 65570.\n(2) The soil conservation program identified in Section 614 of the Public Resources Code.\n(3) Program support costs of this chapter as administered by the Department of Conservation.\n(4) Program support costs incurred by the Department of Conservation in administering the open-space subvention program (Chapter 3 (commencing with Section 16140) of Part 1 of Division 4 of Title 2).\n(5) The costs to the Department of Conservation for administering Section 51250.\n(6) Competitive grants and financial assistance to resource conservation districts pursuant to Section 10247 of the Public Resources Code, subject to the condition specified in subdivision (b) of Section 10247 of the Public Resources Code.\n(e)  When cancellation fees required by this section are collected, they shall be transmitted by the county treasurer to the Controller and deposited in the General Fund, except as provided in subdivision (d) of this section and subdivision (b) of Section 51203. The funds collected by the county treasurer with respect to each cancellation of a contract shall be transmitted to the Controller within 30 days of the execution of a certificate of cancellation of contract by the board or council, as specified in subdivision (b) of Section 51283.4.\n(f)  It is the intent of the Legislature that fees paid to cancel a contract do not constitute taxes but are payments that, when made, provide a private benefit that tends to increase the value of the property.\nSEC. 2.\nSection 10247 is added to the Public Resources Code, to read:\n10247.\n(a) The department shall establish a competitive grant program to provide grants and financial assistance to resource conservation districts to aid in the implementation of state programs or projects that improve soil conservation, carbon sequestration in soil, or moisture retention in soil, or other types of projects that improve the quality of agricultural and related land resources.\n(b) Funding pursuant to paragraph (6) of subdivision (d) of Section 51283 of the Government Code shall not be available for purposes of subdivision (a) unless the programs and costs specified in paragraphs (1) to (5), inclusive, of subdivision (d) of Section 51283 of the Government Code first receive all necessary funding.\nSECTION 1.\nSection 4214 of the\nPublic Resources Code\nis amended to read:\n4214.\n(a)Fire prevention fees collected pursuant to this chapter shall be expended, upon appropriation by the Legislature, as follows:\n(1)The State Board of Equalization shall retain moneys necessary for the payment of refunds pursuant to Section 4228 and reimbursement of the State Board of Equalization for expenses incurred in the collection of the fee.\n(2)The moneys collected, other than those retained by the State Board of Equalization pursuant to paragraph (1), shall be deposited into the State Responsibility Area Fire Prevention Fund, which is hereby created in the State Treasury, and shall be available to the board and the department to expend for fire prevention activities specified in subdivision (d) that benefit the owners of habitable structures within a state responsibility area who are required to pay the fire prevention fee. The amount expended to benefit the owners of habitable structures within a state responsibility area shall be commensurate with the amount collected from the owners within that state responsibility area. All moneys in excess of the costs of administration of the board and the department shall be expended only for fire prevention activities in counties with state responsibility areas.\n(b)The fund may also be used to cover the costs of administering this chapter.\n(c)It is the intent of the Legislature that the moneys in this fund be fully appropriated to the board and the department each year in order to effectuate the purposes of this chapter.\n(d)Moneys in the fund shall be used only for the following fire prevention activities, which shall benefit owners of habitable structures within the state responsibility areas who are required to pay the annual fire prevention fee pursuant to this chapter:\n(1)Local assistance grants pursuant to subdivision (e).\n(2)Grants to Fire Safe Councils, the California Conservation Corps, or certified local conservation corps for fire prevention projects and activities in the state responsibility areas.\n(3)Grants to a qualified nonprofit organization with a demonstrated ability to satisfactorily plan, implement, and complete a fire prevention project applicable to the state responsibility areas. The department may establish other qualifying criteria.\n(4)Inspections by the department for compliance with defensible space requirements around habitable structures in state responsibility areas as required by Section 4291.\n(5)Public education to reduce fire risk in the state responsibility areas.\n(6)Fire severity and fire hazard mapping by the department in the state responsibility areas.\n(7)Other fire prevention projects in the state responsibility areas, authorized by the board.\n(e)(1)The board shall establish a local assistance grant program for fire prevention activities designed to benefit habitable structures within state responsibility areas, including public education, that are provided by counties and other local agencies, including special districts, with state responsibility areas within their jurisdictions.\n(2)In order to ensure an equitable distribution of funds, the amount of each grant shall be based on the number of habitable structures in state responsibility areas for which the applicant is legally responsible and the amount of moneys made available in the annual Budget Act for this local assistance grant program.\n(f)By January 31, 2015, and annually thereafter, the board shall submit to the Legislature a written report on the status and uses of the fund pursuant to this chapter. The written report shall also include an evaluation of the benefits received by counties based on the number of habitable structures in state responsibility areas within their jurisdictions, the effectiveness of the board\u2019s grant programs, the number of defensible space inspections in the reporting period, the degree of compliance with defensible space requirements, measures to increase compliance, if any, and any recommendations to the Legislature.\n(g)(1)The requirement for submitting a report imposed under subdivision (f) is inoperative on January 31, 2022.\n(2)A report to be submitted pursuant to subdivision (f) shall be submitted in compliance with Section 9795 of the Government Code.\n(h)It is essential that this article be implemented without delay. To permit timely implementation, the department may contract for services related to the establishment of the fire prevention fee collection process. For this purpose only, and for a period not to exceed 24 months, the provisions of the Public Contract Code or any other provision of law related to public contracting shall not apply.","title":""}
{"_id":"c17","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\n(a) The intent of the Legislature in enacting this measure is to clarify that licensed pawnbrokers and secondhand dealers are not weighmasters.\n(b) The Legislature finds and declares that this clarification is necessary following the enactment of Senate Bill 485 of the 2013\u201314 Regular Session of the Legislature, and the Department of Food and Agriculture\u2019s subsequent administrative interpretation that pawnbrokers and secondhand dealers are subject to the provisions regulating weighmasters.\nSEC. 2.\nSection 12701 of the Business and Professions Code, as amended by Section 1 of Chapter 693 of the Statutes of 2012, is amended to read:\n12701.\nThe following persons are not weighmasters:\n(a) Retailers weighing, measuring, or counting commodities for sale by them in retail stores in the presence of, and directly to, consumers.\n(b) Except for persons subject to Section 12730, producers of agricultural commodities or livestock, who weigh commodities produced or purchased by them or by their producer neighbors, when no charge is made for the weighing, or when no signed or initialed statement or memorandum is issued of the weight upon which a purchase or sale of the commodity is based.\n(c) Common carriers issuing bills of lading on which are recorded, for the purpose of computing transportation charges, the weights of commodities offered for transportation, including carriers of household goods when transporting shipments weighing less than 1,000 pounds.\n(d) Milk samplers and weighers licensed pursuant to Article 8 (commencing with Section 35161) of Chapter 12 of Part 1 of Division 15 of the Food and Agricultural Code, when performing the duties for which they are licensed.\n(e) Persons who measure the amount of oil, gas, or other fuels for purposes of royalty computation and payment, or other operations of fuel and oil companies and their retail outlets.\n(f) Newspaper publishers weighing or counting newspapers for sale to dealers or distributors.\n(g) Textile maintenance establishments weighing, counting, or measuring any articles in connection with the business of those establishments.\n(h) County sanitation districts operating pursuant to Chapter 3 (commencing with Section 4700) of Part 3 of Division 5 of the Health and Safety Code, garbage and refuse disposal districts operating pursuant to Chapter 2 (commencing with Section 49100) of Part 8 of Division 30 of the Public Resources Code, and solid waste facilities, as defined in Section 40194 of the Public Resources Code.\n(i) Facilities that handle medical waste and that report net weights, and not estimates, to the generator of the medical waste and the Department of Public Health in accordance with the provisions of the Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the Health and Safety Code).\n(j) Persons who purchase scrap metal or salvage materials pursuant to a nonprofit recycling program, or recycling centers certified pursuant to Division 12.1 (commencing with Section 14500) of the Public Resources Code that purchase empty beverage containers from the public for recycling.\n(k) Pest control operators licensed pursuant to Chapter 4 (commencing with Section 11701) of Division 6 of the Food and Agricultural Code.\n(l) Retailers or recycling centers established solely for the redemption of empty beverage containers, as that phrase is defined in Section 14512 of the Public Resources Code, who are weighing, measuring, or counting salvage or returnable materials for purchase or redemption by them in retail stores, or, in the case of recycling centers, on the retail store premises or on a parking lot immediately adjacent to a retail store that is used for the purpose of parking by the store customers, directly from and in the presence of the seller. \u201cRetailer\u201d means an entity that derives 90 percent or more of its income from the sale of small quantities of food or nonfood items, or both, directly to consumers. \u201cSalvage materials\u201d means used paper products and used containers made of aluminum, tin, glass, or plastic.\n(m) Any log scaler who performs log scaling functions, except weighing, as defined in the United States Forest Service Handbook, Supplement No. 4 of March 1987.\n(n) Pawnbrokers licensed pursuant to Chapter 3 (commencing with Section 21300) of Division 8 of the Financial Code, and secondhand dealers licensed pursuant to Article 4 (commencing with Section 21625) of Chapter 9 of Division 8, when the pawnbroker or secondhand dealer weighs property that it acquires and reports the acquisition of the property pursuant to Section 21208 of the Financial Code or Article 4 (commencing with Section 21625) of Chapter 9 of Division 8, respectively.\n(o) 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.\nSEC. 3.\nSection 12701 of the Business and Professions Code, as added by Section 2 of Chapter 693 of the Statutes of 2012, is amended to read:\n12701.\nThe following persons are not weighmasters:\n(a) Retailers weighing, measuring, or counting commodities for sale by them in retail stores in the presence of, and directly to, consumers.\n(b) Except for persons subject to Section 12730, producers of agricultural commodities or livestock, who weigh commodities produced or purchased by them or by their producer neighbors, when no charge is made for the weighing, or when no signed or initialed statement or memorandum is issued of the weight upon which a purchase or sale of the commodity is based.\n(c) Common carriers issuing bills of lading on which are recorded, for the purpose of computing transportation charges, the weights of commodities offered for transportation, including carriers of household goods when transporting shipments weighing less than 1,000 pounds.\n(d) Milk samplers and weighers licensed pursuant to Article 8 (commencing with Section 35161) of Chapter 12 of Part 1 of Division 15 of the Food and Agricultural Code, when performing the duties for which they are licensed.\n(e) Persons who measure the amount of oil, gas, or other fuels for purposes of royalty computation and payment, or other operations of fuel and oil companies and their retail outlets.\n(f) Newspaper publishers weighing or counting newspapers for sale to dealers or distributors.\n(g) Textile maintenance establishments weighing, counting, or measuring any articles in connection with the business of those establishments.\n(h) County sanitation districts operating pursuant to Chapter 3 (commencing with Section 4700) of Part 3 of Division 5 of the Health and Safety Code, garbage and refuse disposal districts operating pursuant to Chapter 2 (commencing with Section 49100) of Part 8 of Division 30 of the Public Resources Code, and solid waste facilities, as defined in Section 40194 of the Public Resources Code.\n(i) Persons who purchase scrap metal or salvage materials pursuant to a nonprofit recycling program, or recycling centers certified pursuant to Division 12.1 (commencing with Section 14500) of the Public Resources Code that purchase empty beverage containers from the public for recycling.\n(j) Pest control operators licensed pursuant to Chapter 4 (commencing with Section 11701) of Division 6 of the Food and Agricultural Code.\n(k) Retailers, or recycling centers established solely for the redemption of empty beverage containers, as that phrase is defined in Section 14512 of the Public Resources Code, who are weighing, measuring, or counting salvage or returnable materials for purchase or redemption by them in retail stores, or, in the case of recycling centers, on the retail store premises or on a parking lot immediately adjacent to a retail store that is used for the purpose of parking by the store customers, directly from and in the presence of the seller. \u201cRetailer\u201d means an entity that derives 90 percent or more of its income from the sale of small quantities of food or nonfood items, or both, directly to consumers. \u201cSalvage materials\u201d means used paper products and used containers made of aluminum, tin, glass, or plastic.\n(l) Any log scaler who performs log scaling functions, except weighing, as defined in the United States Forest Service Handbook, Supplement No. 4 of March 1987.\n(m) Pawnbrokers licensed pursuant to Chapter 3 (commencing with Section 21300) of Division 8 of the Financial Code, and secondhand dealers licensed pursuant to Article 4 (commencing with Section 21625) of Chapter 9 of Division 8, when the pawnbroker or secondhand dealer weighs property that it acquires and reports the acquisition of the property pursuant to Section 21208 of the Financial Code or Article 4 (commencing with Section 21625) of Chapter 9 of Division 8, respectively.\n(n) This section shall become operative on January 1, 2017.\nSEC. 4.\nSection 12703.1 of the Business and Professions Code is amended to read:\n12703.1.\n(a) In addition to any other requirements for issuance of a license pursuant to this chapter, if the applicant is a recycler or junk dealer as defined in Section 21601, the department shall require the applicant to furnish all of the following information accurately on any application for a new license or the renewal of a license issued pursuant to this chapter:\n(1) A copy of the applicant\u2019s current business license.\n(2) A statement indicating that the applicant has either filed an application for a stormwater permit or is not required to obtain a stormwater permit.\n(3) A statement indicating that the applicant has the equipment necessary to comply with the photographic and thumbprinting requirements for the purchase and sale of nonferrous materials pursuant to Section 21608.5 or a statement indicating that the applicant will not be purchasing or selling nonferrous materials and is not required to comply with Section 21608.5.\n(4) A statement indicating that the applicant has requested to receive theft alert notifications pursuant to subdivision (a) of Section 21608.7, unless that requirement does not apply pursuant to subdivision (b) of that section.\n(5) The name or names of any deputy weighmasters.\n(b) The department shall issue a license to a junk dealer or recycler upon receipt of an application for a new license or renewal of a license that contains the information required by subdivision (a) and that is accompanied by the appropriate fee.\n(c) (1) On or before December 31, 2014, upon issuance of a license to a junk dealer or recycler, or renewal of such a license, the department shall make a thorough investigation of all of the information contained in the application within 90 days. If the license is issued or renewed on or after January 1, 2015, the department shall make a thorough investigation of all the information contained in the application within 90 days for a new license, and within one calendar year for a renewal of a license.\n(2) Notwithstanding Section 12708, if the department determines that the information submitted pursuant to subdivision (a) is materially inaccurate, the department shall revoke the license issued to a junk dealer or recycler unless the junk dealer or recycler complies with the requirements of subdivision (a) within 14 days of notice from the department of a proposed revocation pursuant to this subdivision.\n(3) A junk dealer or recycler whose license has been revoked pursuant to this subdivision is entitled to a hearing conducted pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.\n(d) The secretary may enter into a cooperative agreement with any county sealer to carry out the provisions of this section.\n(e) This section shall not apply to a pawnbroker licensed pursuant to Chapter 3 (commencing with Section 21300) of Division 8 of the Financial Code and a secondhand dealer licensed pursuant to Article 4 (commencing with Section 21625) of Chapter 9 of Division 8.\n(f) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.","title":""}
{"_id":"c408","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 905.2 of the Government Code is amended to read:\n905.2.\n(a) This section shall apply to claims against the state filed with the Department of General Services except as provided in subparagraph (B) of paragraph (2) of subdivision (b).\n(b) There shall be presented in accordance with this chapter and Chapter 2 (commencing with Section 910) all claims for money or damages against the state:\n(1) For which no appropriation has been made or for which no fund is available but the settlement of which has been provided for by statute or constitutional provision.\n(2) (A) For which the appropriation made or fund designated is exhausted.\n(B) Claims for reissuance of stale, dated, or replacement warrants shall be filed with the state entity that originally issued the warrant and, if allowed, shall be paid from the issuing entity\u2019s current appropriation.\n(3) For money or damages on express contract, or for an injury for which the state is liable.\n(4) For which settlement is not otherwise provided for by statute or constitutional provision.\n(c) Claimants shall pay a filing fee of twenty-five dollars ($25) for filing a claim described in subdivision (b), except for claims for reissuance of stale, dated, or replacement warrants as described in subparagraph (B) of paragraph (2) of subdivision (b). This fee shall be deposited into the Service Revolving Fund and shall only be available for the support of the Department of General Services upon appropriation by the Legislature.\n(1) The fee shall not apply to the following persons:\n(A) Persons who are receiving benefits pursuant to the Supplemental Security Income (SSI) and State Supplementary Payment (SSP) programs (Article 5 (commencing with Section 12200) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code), the California Work Opportunity and Responsibility to Kids Act (CalWORKs) program (Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the Welfare and Institutions Code), the federal Supplemental Nutrition Assistance Program (SNAP; 7 U.S.C. Sec. 2011 et seq.), or Section 17000 of the Welfare and Institutions Code.\n(B) Persons whose monthly income is 125 percent or less of the current monthly poverty line annually established by the Secretary of California Health and Human Services pursuant to the federal Omnibus Budget Reconciliation Act of 1981 (Public Law 97-35), as amended.\n(C) Persons who are sentenced to imprisonment in a state prison or confined in a county jail, or who are residents in a state institution and, within 90 days prior to the date the claim is filed, have a balance of one hundred dollars ($100) or less credited to the inmate\u2019s or resident\u2019s trust account. A certified copy of the statement of the account shall be submitted.\n(2) Any claimant who requests a fee waiver shall attach to the application a signed affidavit requesting the waiver and verification of benefits or income and any other required financial information in support of the request for the waiver.\n(3) Notwithstanding any other law, an applicant shall not be entitled to a hearing regarding the denial of a request for a fee waiver.\n(d) The time for the Department of General Services to determine the sufficiency, timeliness, or any other aspect of the claim shall begin when any of the following occur:\n(1) The claim is submitted with the filing fee.\n(2) The fee waiver is granted.\n(3) The filing fee is paid to the department upon the department\u2019s denial of the fee waiver request, so long as payment is received within 10 calendar days of the mailing of the notice of the denial.\n(e) Upon approval of the claim by the Department of General Services, the fee shall be reimbursed to the claimant, except that no fee shall be reimbursed if the approved claim was for the payment of an expired warrant. Reimbursement of the filing fee shall be paid by the state entity against which the approved claim was filed. If the claimant was granted a fee waiver pursuant to this section, the amount of the fee shall be paid by the state entity to the department. The reimbursement to the claimant or the payment to the department shall be made at the time the claim is paid by the state entity, or shall be added to the amount appropriated for the claim in an equity claims bill.\n(f) The Department of General Services may assess a surcharge to the state entity against which the approved claim was filed in an amount not to exceed 15 percent of the total approved claim. The department shall not include the refunded filing fee in the surcharge calculation. This surcharge shall be deposited into the Service Revolving Fund and may be appropriated in support of the department in the annual Budget Act.\n(1) The surcharge shall not apply to approved claims to reissue expired warrants.\n(2) Upon the request of the department in a form prescribed by the Controller, the Controller shall transfer the fees from the state entity\u2019s appropriation to the appropriation for the support of the department. However, the department shall not request an amount that shall be submitted for legislative approval pursuant to Section 14659.10.\n(g) The filing fee required by subdivision (c) shall apply to all claims filed after June 30, 2004, or the effective date of this statute. The surcharge authorized by subdivision (f) may be calculated and included in claims paid after June 30, 2004, or the effective date of the statute adding this subdivision.\n(h) This section shall not apply to claims made for a violation of the California Whistleblower Protection Act (Article 3 (commencing with Section 8547) of Chapter 6.5 of Division 1 of Title 2).\nSEC. 2.\nSection 8590.6 of the Government Code is amended to read:\n8590.6.\nFor the purposes of this article:\n(a) \u201cComprehensive services\u201d means primary services that include all of the following:\n(1) Shelter or established referral services for shelter on a 24 hours a day, seven days a week, basis.\n(2) A 24 hours a day, seven days a week, telephone hotline for crisis calls.\n(3) Temporary housing and food facilities.\n(4) Psychological support and peer counseling provided in accordance with Section 1038.2 of the Evidence Code.\n(5) Referrals to existing services in the community.\n(6) Emergency transportation, as feasible.\n(b) \u201cDirector\u201d means the Director of the Office of Emergency Services.\n(c) \u201cFund\u201d means the Human Trafficking Victims Assistance Fund.\n(d) \u201cHuman trafficking caseworker\u201d means a human trafficking caseworker as defined in Section 1038.2 of the Evidence Code, or a human trafficking caseworker who is employed by a homeless services provider that serves homeless children or youth and has completed a minimum of eight hours of training focused on victims of human trafficking from the Runaway and Homeless Youth Training and Technical Assistance Center.\n(e) \u201cOffice\u201d means the Office of Emergency Services.\n(f) \u201cQualified nonprofit organization\u201d means a nongovernmental, nonprofit organization that does both of the following:\n(1) Employs a minimum of one individual who is a human trafficking caseworker.\n(2) Provides services to victims of human trafficking, including, but not limited to, housing assistance, counseling services, and social services to victims of human trafficking.\n(g) \u201cVictim of human trafficking\u201d means any person who is a trafficking victim as described in Section 236.1 of the Penal Code and satisfies either of the following conditions:\n(1) Was trafficked in the state.\n(2) Fled his or her trafficker to the state.\nSEC. 3.\nSection 15820.946 of the Government Code is amended to read:\n15820.946.\n(a) The participating county contribution for adult local criminal justice facilities financed under this chapter shall be a minimum of 10 percent of the total project costs. The BSCC may reduce contribution requirements for participating counties with a general population below 200,000 upon petition by a participating county to the BSCC requesting a lower level of contribution.\n(b) The BSCC shall determine the funding and scoring criteria consistent with the requirements of this chapter. Financing shall be awarded only to those counties that have previously received only a partial award or have never received an award from the state within the financing programs authorized in Chapters 3.11 (commencing with Section 15820.90) to 3.131 (commencing with Section 15820.93), inclusive.\nNotwithstanding this restriction, twenty million dollars ($20,000,000) of the amount authorized in Section 15820.942 shall be set aside and awarded to Napa County.\nThe funding criteria shall include, as a mandatory criterion, documentation of the percentage of pretrial inmates in the county jail from January 1, 2015, to December 31, 2015, inclusive, and a description of the county\u2019s current risk assessment based pretrial release program. Funding preference shall also be given to counties that are most prepared to proceed successfully with this financing in a timely manner. The determination of preparedness to proceed shall include the following:\n(1) Counties providing a board of supervisors\u2019 resolution authorizing an adequate amount of available matching funds to satisfy the counties\u2019 contribution and approving the forms of the project documents deemed necessary, as identified by the board to the BSCC, to effectuate the financing authorized by this chapter, and authorizing the appropriate signatory or signatories to execute those documents at the appropriate times. The identified matching funds in the resolution shall be compatible with the state\u2019s lease-revenue bond financing.\n(2) Counties providing documentation evidencing CEQA compliance has been completed. Documentation of CEQA compliance shall be either a final Notice of Determination or a final Notice of Exemption, as appropriate, and a letter from county counsel certifying the associated statute of limitations has expired and either no challenges were filed or identifying any challenges filed and explaining how they have been resolved in a manner that allows the project to proceed as proposed.\n(c) Funding consideration shall be given to counties that are seeking to replace compacted, outdated, or unsafe housing capacity that will also add treatment space or counties that are seeking to renovate existing or build new facilities that provide adequate space for the provision of treatment and rehabilitation services, including mental health treatment.\n(d) A participating county may replace existing housing capacity, realizing only a minimal increase of capacity, using this financing authority if the requesting county clearly documents an existing housing capacity deficiency.\n(e) A participating county with a request resulting in any increase in capacity using this financing authority shall be required to certify and covenant in writing that the county is not, and will not be, leasing housing capacity to any other public or private entity for a period of 10 years beyond the completion date of the adult local criminal justice facility.\n(f) Any locked facility constructed or renovated with state funding awarded under this program shall include space to provide onsite, in-person visitation capable of meeting or surpassing the minimum number of weekly visits required by state regulations for persons detained in the facility.\n(g) Any county applying for financing authority under this program shall include a description of efforts to address sexual abuse in its adult local criminal justice facility constructed or renovated pursuant to this chapter.\nSEC. 4.\nSection 15820.947 is added to the Government Code, to read:\n15820.947.\nNotwithstanding the award restriction in subdivision (b) of Section 15820.946, twenty million dollars ($20,000,000) of the amount authorized in Section 15820.942 shall be set aside and awarded to the County of Napa without the submission of any further adult local criminal justice facility proposal. This amount may be utilized in conjunction with a partial award made to the County of Napa pursuant to Chapter 3.131 (commencing with Section 15820.93). These awards represent the maximum state contribution for the adult local criminal justice facility in the County of Napa.\nSEC. 3.\nSEC. 5.\nThe sum of three million dollars ($3,000,000) is hereby appropriated from the Gambling Control Fund to the Department of Justice for the purposes of Schedule (2) of Item 0820-001-0567 of Section 2.00 of the Budget Act of 2016 in order to address the backlog in investigations related to card room licensing\nSEC. 4.\nSEC. 6.\nThis act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately.","title":""}
{"_id":"c117","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 1250 of the Health and Safety Code is amended to read:\n1250.\nAs used in this chapter, \u201chealth facility\u201d means a facility, place, or building that is organized, maintained, and operated for the diagnosis, care, prevention, and treatment of human illness, physical or mental, including convalescence and rehabilitation and including care during and after pregnancy, or for any one or more of these purposes, for one or more persons, to which the persons are admitted for a 24-hour stay or longer, and includes the following types:\n(a) \u201cGeneral acute care hospital\u201d means a health facility having a duly constituted governing body with overall administrative and professional responsibility and an organized medical staff that provides 24-hour inpatient care, including the following basic services: medical, nursing, surgical, anesthesia, laboratory, radiology, pharmacy, and dietary services. A general acute care hospital may include more than one physical plant maintained and operated on separate premises as provided in Section 1250.8. A general acute care hospital that exclusively provides acute medical rehabilitation center services, including at least physical therapy, occupational therapy, and speech therapy, may provide for the required surgical and anesthesia services through a contract with another acute care hospital. In addition, a general acute care hospital that, on July 1, 1983, provided required surgical and anesthesia services through a contract or agreement with another acute care hospital may continue to provide these surgical and anesthesia services through a contract or agreement with an acute care hospital. The general acute care hospital operated by the State Department of Developmental Services at Agnews Developmental Center may, until June 30, 2007, provide surgery and anesthesia services through a contract or agreement with another acute care hospital. Notwithstanding the requirements of this subdivision, a general acute care hospital operated by the Department of Corrections and Rehabilitation or the Department of Veterans Affairs may provide surgery and anesthesia services during normal weekday working hours, and not provide these services during other hours of the weekday or on weekends or holidays, if the general acute care hospital otherwise meets the requirements of this section.\nA \u201cgeneral acute care hospital\u201d includes a \u201crural general acute care hospital.\u201d However, a \u201crural general acute care hospital\u201d shall not be required by the department to provide surgery and anesthesia services. A \u201crural general acute care hospital\u201d shall meet either of the following conditions:\n(1) The hospital meets criteria for designation within peer group six or eight, as defined in the report entitled Hospital Peer Grouping for Efficiency Comparison, dated December 20, 1982.\n(2) The hospital meets the criteria for designation within peer group five or seven, as defined in the report entitled Hospital Peer Grouping for Efficiency Comparison, dated December 20, 1982, and has no more than 76 acute care beds and is located in a census dwelling place of 15,000 or less population according to the 1980 federal census.\n(b) \u201cAcute psychiatric hospital\u201d means a health facility having a duly constituted governing body with overall administrative and professional responsibility and an organized medical staff that provides 24-hour inpatient care for persons with mental health disorders or other patients referred to in Division 5 (commencing with Section 5000) or Division 6 (commencing with Section 6000) of the Welfare and Institutions Code, including the following basic services: medical, nursing, rehabilitative, pharmacy, and dietary services.\n(c) (1) \u201cSkilled nursing facility\u201d means a health facility that provides skilled nursing care and supportive care to patients whose primary need is for availability of skilled nursing care on an extended basis.\n(2) \u201cSkilled nursing facility\u201d includes a \u201csmall house skilled nursing facility (SHSNF),\u201d as defined in Section 1323.5.\n(d) \u201cIntermediate care facility\u201d means a health facility that provides inpatient care to ambulatory or nonambulatory patients who have recurring need for skilled nursing supervision and need supportive care, but who do not require availability of continuous skilled nursing care.\n(e) \u201cIntermediate care facility\/developmentally disabled habilitative\u201d means a facility with a capacity of 4 to 15 beds that provides 24-hour personal care, habilitation, developmental, and supportive health services to 15 or fewer persons with developmental disabilities who have intermittent recurring needs for nursing services, but have been certified by a physician and surgeon as not requiring availability of continuous skilled nursing care.\n(f) \u201cSpecial hospital\u201d means a health facility having a duly constituted governing body with overall administrative and professional responsibility and an organized medical or dental staff that provides inpatient or outpatient care in dentistry or maternity.\n(g) \u201cIntermediate care facility\/developmentally disabled\u201d means a facility that provides 24-hour personal care, habilitation, developmental, and supportive health services to persons with developmental disabilities whose primary need is for developmental services and who have a recurring but intermittent need for skilled nursing services.\n(h) \u201cIntermediate care facility\/developmentally disabled-nursing\u201d means a facility with a capacity of 4 to 15 beds that provides 24-hour personal care, developmental services, and nursing supervision for persons with developmental disabilities who have intermittent recurring needs for skilled nursing care but have been certified by a physician and surgeon as not requiring continuous skilled nursing care. The facility shall serve medically fragile persons with developmental disabilities or who demonstrate significant developmental delay that may lead to a developmental disability if not treated.\n(i) (1) \u201cCongregate living health facility\u201d means a residential home with a capacity, except as provided in paragraph (4), of no more than 18 beds, that provides inpatient care, including the following basic services: medical supervision, 24-hour skilled nursing and supportive care, pharmacy, dietary, social, recreational, and at least one type of service specified in paragraph (2). The primary need of congregate living health facility residents shall be for availability of skilled nursing care on a recurring, intermittent, extended, or continuous basis. This care is generally less intense than that provided in general acute care hospitals but more intense than that provided in skilled nursing facilities.\n(2) Congregate living health facilities shall provide one or more of the following services:\n(A) Services for persons who are mentally alert, persons with physical disabilities, who may be ventilator dependent.\n(B) Services for persons who have a diagnosis of terminal illness, a diagnosis of a life-threatening illness, or both. Terminal illness means the individual has a life expectancy of six months or less as stated in writing by his or her attending physician and surgeon. A \u201clife-threatening illness\u201d means the individual has an illness that can lead to a possibility of a termination of life within five years or less as stated in writing by his or her attending physician and surgeon.\n(C) Services for persons who are catastrophically and severely disabled. A person who is catastrophically and severely disabled means a person whose origin of disability was acquired through trauma or nondegenerative neurologic illness, for whom it has been determined that active rehabilitation would be beneficial and to whom these services are being provided. Services offered by a congregate living health facility to a person who is catastrophically disabled shall include, but not be limited to, speech, physical, and occupational therapy.\n(3) A congregate living health facility license shall specify which of the types of persons described in paragraph (2) to whom a facility is licensed to provide services.\n(4) (A) A facility operated by a city and county for the purposes of delivering services under this section may have a capacity of 59 beds.\n(B) A congregate living health facility not operated by a city and county servicing persons who are terminally ill, persons who have been diagnosed with a life-threatening illness, or both, that is located in a county with a population of 500,000 or more persons, or located in a county of the 16th class pursuant to Section 28020 of the Government Code, may have not more than 25 beds for the purpose of serving persons who are terminally ill.\n(5) A congregate living health facility shall have a noninstitutional, homelike environment.\n(j) (1) \u201cCorrectional treatment center\u201d means a health facility operated by the Department of Corrections and Rehabilitation, the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, or a county, city, or city and county law enforcement agency that, as determined by the department, provides inpatient health services to that portion of the inmate population who do not require a general acute care level of basic services. This definition shall not apply to those areas of a law enforcement facility that houses inmates or wards who may be receiving outpatient services and are housed separately for reasons of improved access to health care, security, and protection. The health services provided by a correctional treatment center shall include, but are not limited to, all of the following basic services: physician and surgeon, psychiatrist, psychologist, nursing, pharmacy, and dietary. A correctional treatment center may provide the following services: laboratory, radiology, perinatal, and any other services approved by the department.\n(2) Outpatient surgical care with anesthesia may be provided, if the correctional treatment center meets the same requirements as a surgical clinic licensed pursuant to Section 1204, with the exception of the requirement that patients remain less than 24 hours.\n(3) Correctional treatment centers shall maintain written service agreements with general acute care hospitals to provide for those inmate physical health needs that cannot be met by the correctional treatment center.\n(4) Physician and surgeon services shall be readily available in a correctional treatment center on a 24-hour basis.\n(5) It is not the intent of the Legislature to have a correctional treatment center supplant the general acute care hospitals at the California Medical Facility, the California Men\u2019s Colony, and the California Institution for Men. This subdivision shall not be construed to prohibit the Department of Corrections and Rehabilitation from obtaining a correctional treatment center license at these sites.\n(k) \u201cNursing facility\u201d means a health facility licensed pursuant to this chapter that is certified to participate as a provider of care either as a skilled nursing facility in the federal Medicare Program under Title XVIII of the federal Social Security Act (42 U.S.C. Sec. 1395 et seq.) or as a nursing facility in the federal Medicaid Program under Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396 et seq.), or as both.\n(l) Regulations defining a correctional treatment center described in subdivision (j) that is operated by a county, city, or city and county, the Department of Corrections and Rehabilitation, or the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, shall not become effective prior to, or, if effective, shall be inoperative until January 1, 1996, and until that time these correctional facilities are exempt from any licensing requirements.\n(m) \u201cIntermediate care facility\/developmentally disabled-continuous nursing (ICF\/DD-CN)\u201d means a homelike facility with a capacity of four to eight, inclusive, beds that provides 24-hour personal care, developmental services, and nursing supervision for persons with developmental disabilities who have continuous needs for skilled nursing care and have been certified by a physician and surgeon as warranting continuous skilled nursing care. The facility shall serve medically fragile persons who have developmental disabilities or demonstrate significant developmental delay that may lead to a developmental disability if not treated. ICF\/DD-CN facilities shall be subject to licensure under this chapter upon adoption of licensing regulations in accordance with Section 1275.3. A facility providing continuous skilled nursing services to persons with developmental disabilities pursuant to Section 14132.20 or 14495.10 of the Welfare and Institutions Code shall apply for licensure under this subdivision within 90 days after the regulations become effective, and may continue to operate pursuant to those sections until its licensure application is either approved or denied.\n(n) \u201cHospice facility\u201d means a health facility licensed pursuant to this chapter with a capacity of no more than 24 beds that provides hospice services. Hospice services include, but are not limited to, routine care, continuous care, inpatient respite care, and inpatient hospice care as defined in subdivision (d) of Section 1339.40, and is operated by a provider of hospice services that is licensed pursuant to Section 1751 and certified as a hospice pursuant to Part 418 of Title 42 of the Code of Federal Regulations.\nSEC. 2.\nNo reimbursement is required by this act pursuant to Section 6 of Article XIII\u2009B 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\u2009B of the California Constitution.\nSEC. 3.\nThis 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:\nIn order to immediately ensure that eligible patients of congregate living health facilities are able to obtain essential care, and to enable these facilities to provide care for patients currently on a waiting list, it is necessary that this act take effect immediately.","title":""}
{"_id":"c292","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 396 of the Insurance Code is amended to read:\n396.\n(a) An insurer shall do either of the following:\n(1) Maintain a verifiable process that allows a policyholder to designate in writing or by electronic transmission pursuant to Section 38.5 one additional person to receive notice of lapse, termination, expiration, nonrenewal, or cancellation of a policy for nonpayment of premium. The insurer shall notify the policyholder in writing or by electronic transmission pursuant to Section 38.5 of this right at the time of the application or within 30 days after the inception date of an individual policy described in subdivision (f), and at least every two years thereafter. The notification described in this subdivision shall instruct the policyholder how to request the designation and how to replace or delete a designee. If a policyholder initiates contact with the insurer after the insurer has provided notice and the insurer complies with the policyholder\u2019s request to establish or change the additional person to receive the notice described in this section, the insurer shall not be required to maintain additional verification.\n(2) Comply with subdivision (b).\n(b) An insurer that adopts the following procedure shall be deemed to have complied with subdivision (a).\n(1) Unless an applicant for insurance has been provided notice of the right set forth in this section prior to inception of the policy, the insurer shall provide the policyholder, within 30 days after the inception date of an individual policy described in subdivision (f), with notice of the right to designate one person, in addition to the policyholder, to receive notice of lapse, termination, expiration, nonrenewal, or cancellation of a policy for nonpayment of premium. The insurer shall provide each applicant or policyholder with notice in writing or by electronic transmission pursuant to Section 38.5 of the opportunity to make the designation. That notice shall instruct the applicant or policyholder on how he or she is to submit the name and address of one person, in addition to the applicant or policyholder, who is to receive notice of lapse, termination, expiration, nonrenewal, or cancellation of the policy for nonpayment of premium.\n(2) If after having been provided notice from the insurer of the right to designate an individual to receive notice of lapse, termination, expiration, nonrenewal, or cancellation for nonpayment of premium, the applicant or policyholder fails to designate an individual within 30 days, the applicant or policyholder shall be conclusively presumed to have declined the opportunity to exercise his or her right at that time.\n(3) Notwithstanding subparagraph (C) of paragraph (2) of subdivision (a) of Section 791.13 or any other law, the insurer shall retain and utilize as necessary the contact information provided in the written designation for the lifetime of the policy, and allow the policyholder to update the written designation if the policyholder so requests.\n(c) (1) A policyholder retains the right to designate the one additional person to receive notice of lapse, termination, expiration, nonrenewal, or cancellation for nonpayment of premium at any time, at the initiative of the policyholder, regardless of whether the policyholder previously declined to exercise that right. At least every two years, the insurer shall notify the policyholder in writing or by electronic transmission pursuant to Section 38.5, of whichever of the following applies:\n(A) If a policyholder has previously provided a designation pursuant to this subdivision, in writing or by electronic transmission pursuant to Section 38.5, the right to change the prior designation by replacing or deleting a person to receive notice of lapse, termination, expiration, nonrenewal, or cancellation for nonpayment of premium.\n(B) If the policyholder has not previously designated a person to receive the notice of lapse, termination, expiration, nonrenewal, or cancellation for nonpayment of premium pursuant to this subdivision, the right to designate a person to receive notice of lapse, termination, expiration, nonrenewal, or cancellation for nonpayment of premium.\n(2) The notice requirements in subparagraphs (A) and (B) of paragraph (1) may be provided to a policyholder in a single notice and shall not require two separate notices.\n(d) When a policyholder pays the premium for an insurance policy through a payroll or pension deduction plan, the requirements contained in paragraph (1) of subdivision (b) need not be met until 60 days after the policyholder is no longer on that deduction payment plan.\n(e) An insurance policy shall not lapse or be terminated for nonpayment of premium unless the insurer, at least 10 days prior to the effective date of the lapse, termination, expiration, nonrenewal, or cancellation, gives notice to the individual designated pursuant to subdivision (a) or (b) at the address provided by the policyholder for purposes of receiving the notice of lapse, termination, expiration, nonrenewal, or cancellation for nonpayment of premium. Notwithstanding any other law, notice shall be given by first-class United States mail, postage prepaid, within 10 days after the premium is due and unpaid. This subdivision does not modify requirements for notice to the policyholder of lapse, termination, expiration, nonrenewal, or cancellation set forth in other sections of this code.\n(f) This section applies only to policies of private passenger automobile insurance that provide coverage for six months or longer, policies of residential property insurance as described in subdivision (a) of Section 10087 that take effect or that are renewed after the effective date of this section, and policies of individual disability income insurance as described in subdivision (i) of Section 799.01, except if the premiums for the individual disability income policy are paid entirely by the employer.\n(g) This section applies to policies that are issued and take effect or that are renewed on or after January 1, 2016.\n(h) An individual designated by a policyholder pursuant to this section to receive notice of lapse, termination, expiration, nonrenewal, or cancellation of the policy for nonpayment of premium does not have any rights, whether as an additional insured or otherwise, to any benefits under the policy, other than the right to receive notice as provided by this section.\n(i) This section shall become operative on January 1, 2016.","title":""}
{"_id":"c47","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nChapter 4 (commencing with Section 350) is added to Part 1 of Division 1 of Title 1 of the\nEducation Code\n, to read:\n4.\nPupils of Limited Academic English Proficiency\n350.\n(a)For purposes of this chapter, \u201cpupils of limited academic English proficiency\u201d is defined as pupils who do not have the clearly developed academic English language skills of comprehension, speaking, reading, and writing necessary to receive instruction in English at a level substantially equivalent to pupils of the same age or grade whose primary language is also English.\n(b)For purposes of this chapter, \u201cacademic English\u201d and \u201cacademic language\u201d shall have the same meaning and are defined as the oral, written, auditory, and visual language proficiency required to learn effectively in school and academic programs. Academic English and academic language is the language used in classroom lessons, books, tests, and assignments, and it is the language that pupils are expected to learn and achieve fluency in. Frequently contrasted with \u201cconversational\u201d or \u201csocial\u201d language, academic language includes a variety of formal-language skills such as vocabulary, grammar, punctuation, syntax, discipline-specific terminology, or rhetorical conventions, that allow pupils to acquire knowledge and academic skills while also successfully navigating school policies, assignments, expectations, and cultural norms.\n350.1.\n(a)On or before September 1, 2016, the Superintendent, in consultation with the department and local educational agencies, shall develop a formal process to identify pupils who may meet the definition in subdivision (a) of Section 350.\n(b)The process may, at a minimum, provide special consideration to pupils who meet any of the following criteria:\n(1)Scores in the lowest achievement levels on the Smarter Balanced Assessment System summative and interim assessments.\n(2)Receives less than a passing grade on one or more consecutive progress and report cards in English language arts.\n(3)Is identified by teachers or faculty members as a candidate who may meet one or more of the criteria in paragraphs (1) or (2).\n350.2.\n(a)On or before January 1, 2017, the department, in consultation with local educational agencies, shall develop a study on best practices for providing instruction to pupils of limited academic English proficiency, and shall provide this study to members of the Legislature, the Office of the Legislative Analyst, and the Governor. The study shall include, but not be limited to, information relating to all of the following:\n(1)Existing state and local programs.\n(2)Effective pedagogical and instructional methods for pupils of limited academic English proficiency.\n(3)Professional development and training needs for teachers who would be likely to provide instruction to pupils of limited academic English proficiency.\n(b)The study required to be submitted to the Legislature pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.\n350.3.\n(a)Notwithstanding any other law, including Article 3.5 (commencing with Section 313) of Chapter 3, on or before September 1, 2017, the department shall develop an assessment tool to determine the proficiency level of pupils of limited academic English proficiency identified through the formal process, pursuant to Section 350.1, for purposes of identifying an adequate method of instruction for these pupils.\n(b)The department, with the approval of the state board, shall establish procedures for conducting the assessment required pursuant to subdivision (a) and for the designation of a pupil of limited academic English proficiency to academic English proficient.\n350.4.\n(a)Notwithstanding any other law, including Article 3.5 (commencing with Section 313) of Chapter 3, commencing with the 2018\u201319 school year, the assessment developed pursuant to Section 350.3 shall be conducted upon initial enrollment or as early as possible after enrollment, in order to provide information to determine if the pupil is a pupil of limited academic English proficiency, and annually thereafter during a period of time determined by the Superintendent and the state board. The annual assessments shall continue until the pupil is designated as academic English proficient pursuant to Section 350.5.\n(b)For purposes of this section, school districts may utilize a pupil scoring at the highest achievement levels of 3 or higher on the Smarter Balanced Assessment System summative and interim assessments to designate the pupil as academic English proficient. If a pupil is still performing at a level of limited academic English proficiency after the grade 8 Smarter Balanced Assessment System summative and interim assessments, the school district shall provide targeted resources with the goal of the pupil scoring at the level of 3 or higher on the grade 11 Smarter Balanced Assessment System summative and interim assessments.\n(c)The assessments conducted pursuant to this section shall be conducted in a manner consistent with federal statutes and regulations.\n350.5.\nNotwithstanding any other law, including Article 3.5 (commencing with Section 313) of Chapter 3, the Superintendent shall develop a procedure to designate a pupil of limited academic English proficiency as academic English proficient. The designation procedure developed by the Superintendent shall utilize multiple criteria in determining whether to designate a pupil as proficient in academic English, including, but not limited to, all of the following:\n(a)Assessment of academic language proficiency using an objective assessment instrument.\n(b)Teacher evaluation, including, but not limited to, a review of the pupil\u2019s curriculum mastery.\n(c)Parental opinion and consultation.\n(d)Comparison of the performance of the pupil in basic skills against an empirically established range of performance in basic skills based upon the performance of academic English proficient pupils of the same age, that demonstrates whether the pupil is sufficiently proficient in academic English to participate effectively in a curriculum designed for pupils of the same age.\n350.6.\nThis chapter does not preclude a school district or county office of education from testing pupils of limited academic English proficiency more than once in a school year if the school district or county office of education chooses to do so.\nSECTION 1.\nSection 314 is added to the Education Code, to read:\n314.\n(a) Contingent on the enactment of an appropriation in the annual Budget Act or related legislation for the purpose of implementing this section, the Los Angeles Unified School District, in partnership with the University of California, Los Angeles Center X, shall conduct an evaluation of the Los Angeles Unified School District\u2019s Academic English Mastery Program. This evaluation shall include data collection and analysis, and shall address policy questions regarding identification, assessment, instruction, and professional development of, and curriculum and definitions of proficiency for, pupils of limited academic English proficiency. The evaluation shall be completed by ____ and shall be submitted to the appropriate fiscal and policy committees of the Legislature.\n(b) This section is repealed on January 1, 20____.\nSEC. 2.\nIf 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.","title":""}
{"_id":"c382","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 7282.5 of the Government Code is amended to read:\n7282.5.\n(a) A law enforcement official shall have discretion to cooperate with federal immigration officials by detaining an individual on the basis of an immigration hold after that individual becomes eligible for release from custody only if the continued detention of the individual on the basis of the immigration hold would not violate any federal, state, or local law, or any local policy, and only under any of the following circumstances:\n(1) The individual has been convicted of a serious or violent felony identified in subdivision (c) of Section 1192.7 of, or subdivision (c) of Section 667.5 of, the Penal Code.\n(2) The individual has been convicted of a felony punishable by imprisonment in the state prison.\n(3) The individual has been convicted within the past five years of a misdemeanor for a crime that is punishable as either a misdemeanor or a felony for, or has been convicted at any time of a felony for, any of the following offenses:\n(A) Assault, as specified in, but not limited to, Sections 217.1, 220, 240, 241.1, 241.4, 241.7, 244, 244.5, 245, 245.2, 245.3, 245.5, 4500, and 4501 of the Penal Code.\n(B) Battery, as specified in, but not limited to, Sections 242, 243.1, 243.3, 243.4, 243.6, 243.7, 243.9, 273.5, 347, 4501.1, and 4501.5 of the Penal Code.\n(C) Use of threats, as specified in, but not limited to, Sections 71, 76, 139, 140, 422, 601, and 11418.5 of the Penal Code.\n(D) Sexual abuse, sexual exploitation, or crimes endangering children, as specified in, but not limited to, Sections 266, 266a, 266b, 266c, 266d, 266f, 266g, 266h, 266i, 266j, 267, 269, 288, 288.5, 311.1, 311.3, 311.4, 311.10, 311.11, and 647.6 of the Penal Code.\n(E) Child abuse or endangerment, as specified in, but not limited to, Sections 270, 271, 271a, 273a, 273ab, 273d, 273.4, and 278 of the Penal Code.\n(F) Burglary, robbery, theft, fraud, forgery, or embezzlement, as specified in, but not limited to, Sections 211, 215, 459, 463, 470, 476, 487, 496, 503, 518, 530.5, 532, and 550 of the Penal Code.\n(G) Driving under the influence of alcohol or drugs, but only for a conviction that is a felony.\n(H) Obstruction of justice, as specified in, but not limited to, Sections 69, 95, 95.1, 136.1, and 148.10 of the Penal Code.\n(I) Bribery, as specified in, but not limited to, Sections 67, 67.5, 68, 74, 85, 86, 92, 93, 137, 138, and 165 of the Penal Code.\n(J) Escape, as specified in, but not limited to, Sections 107, 109, 110, 4530, 4530.5, 4532, 4533, 4534, 4535, and 4536 of the Penal Code.\n(K) Unlawful possession or use of a weapon, firearm, explosive device, or weapon of mass destruction, as specified in, but not limited to, Sections 171b, 171c, 171d, 246, 246.3, 247, 417, 417.3, 417.6, 417.8, 4574, 11418, 11418.1, 12021.5, 12022, 12022.2, 12022.3, 12022.4, 12022.5, 12022.53, 12022.55, 18745, 18750, and 18755 of, and subdivisions (c) and (d) of Section 26100 of, the Penal Code.\n(L) Possession of an unlawful deadly weapon, under the Deadly Weapons Recodification Act of 2010 (Part 6 (commencing with Section 16000) of the Penal Code).\n(M) An offense involving the felony possession, sale, distribution, manufacture, or trafficking of controlled substances.\n(N) Vandalism with prior convictions, as specified in, but not limited to, Section 594.7 of the Penal Code.\n(O) Gang-related offenses, as specified in, but not limited to, Sections 186.22, 186.26, and 186.28 of the Penal Code.\n(P) An attempt, as defined in Section 664 of, or a conspiracy, as defined in Section 182 of, the Penal Code, to commit an offense specified in this section.\n(Q) A crime resulting in death, or involving the personal infliction of great bodily injury, as specified in, but not limited to, subdivision (d) of Section 245.6 of, and Sections 187, 191.5, 192, 192.5, 12022.7, 12022.8, and 12022.9 of, the Penal Code.\n(R) Possession or use of a firearm in the commission of an offense.\n(S) An offense that would require the individual to register as a sex offender pursuant to Section 290, 290.002, or 290.006 of the Penal Code.\n(T) False imprisonment, slavery, and human trafficking, as specified in, but not limited to, Sections 181, 210.5, 236, 236.1, and 4503 of the Penal Code.\n(U) Criminal profiteering and money laundering, as specified in, but not limited to, Sections 186.2, 186.9, and 186.10 of the Penal Code.\n(V) Torture and mayhem, as specified in, but not limited to, Section 203 of the Penal Code.\n(W) A crime threatening the public safety, as specified in, but not limited to, Sections 219, 219.1, 219.2, 247.5, 404, 404.6, 405a, 451, and 11413 of the Penal Code.\n(X) Elder and dependent adult abuse, as specified in, but not limited to, Section 368 of the Penal Code.\n(Y) A hate crime, as specified in, but not limited to, Section 422.55 of the Penal Code.\n(Z) Stalking, as specified in, but not limited to, Section 646.9 of the Penal Code.\n(AA) Soliciting the commission of a crime, as specified in, but not limited to, subdivision (c) of Section 286 of, and Sections 653j and 653.23 of, the Penal Code.\n(AB) An offense committed while on bail or released on his or her own recognizance, as specified in, but not limited to, Section 12022.1 of the Penal Code.\n(AC) Rape, sodomy, oral copulation, or sexual penetration, as specified in, but not limited to, paragraphs (2) and (6) of subdivision (a) of Section 261 of, paragraphs (1) and (4) of subdivision (a) of Section 262 of, Section 264.1 of, subdivisions (c) and (d) of Section 286 of, subdivisions (c) and (d) of Section 288a of, and subdivisions (a) and (j) of Section 289 of, the Penal Code.\n(AD) Kidnapping, as specified in, but not limited to, Sections 207, 209, and 209.5 of the Penal Code.\n(AE) A violation of subdivision (c) of Section 20001 of the Vehicle Code.\n(AF) A felony which formed the basis upon which the individual was previously deported.\n(4) The individual is a current registrant on the California Sex and Arson Registry.\n(5) The individual is arrested and taken before a magistrate on a charge involving a serious or violent felony, as identified in subdivision (c) of Section 1192.7 or subdivision (c) of Section 667.5 of the Penal Code, a felony punishable by imprisonment in state prison, or any felony listed in paragraph (2) or (3) other than domestic violence, and the magistrate makes a finding of probable cause as to that charge pursuant to Section 872 of the Penal Code.\n(6) The individual has been convicted of a federal crime that meets the definition of an aggravated felony as set forth in subparagraphs (A) to (P), inclusive, of paragraph (43) of subsection (a) of Section 101 of the federal Immigration and Nationality Act (8 U.S.C. Sec. 1101), or is identified by the United States Department of Homeland Security\u2019s Immigration and Customs Enforcement as the subject of an outstanding federal felony arrest warrant.\n(b) If none of the conditions listed in subdivision (a) is satisfied, an individual shall not be detained on the basis of an immigration hold after the individual becomes eligible for release from custody.","title":""}
{"_id":"c389","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 786 of the Welfare and Institutions Code is amended to read:\n786.\n(a) If a minor satisfactorily completes (1) an informal program of supervision pursuant to Section 654.2, (2) probation under Section 725, or (3) a term of probation for any offense, the court shall order the petition dismissed. The court shall order sealed all records pertaining to that dismissed petition in the custody of the juvenile court, and in the custody of law enforcement agencies, the probation department, or the Department of Justice. The court shall send a copy of the order to each agency and official named in the order, direct the agency or official to seal its records, and specify a date by which the sealed records shall be destroyed. Each agency and official named in the order shall seal the records in its custody as directed by the order, shall advise the court of its compliance, and, after advising the court, shall seal the copy of the court\u2019s order that was received. The court shall also provide notice to the minor and minor\u2019s counsel that it has ordered the petition dismissed and the records sealed in the case. The notice shall include an advisement of the minor\u2019s right to nondisclosure of the arrest and proceedings, as specified in subdivision (b).\n(b) Upon the court\u2019s order of dismissal of the petition, the arrest and other proceedings in the case shall be deemed not to have occurred and the person who was the subject of the petition may reply accordingly to any inquiry by employers, educational institutions, or other persons or entities regarding the arrest and proceedings in the case.\n(c) (1) For purposes of this section, satisfactory completion of an informal program of supervision or another term of probation described in subdivision (a) shall be deemed to have occurred if the person has no new findings of wardship or conviction for a felony offense or a misdemeanor involving moral turpitude during the period of supervision or probation and if he or she has not failed to substantially comply with the reasonable orders of supervision or probation that are within his or her capacity to perform. The period of supervision or probation shall not be extended solely for the purpose of deferring or delaying eligibility for dismissal of the petition and sealing of the records under this section.\n(2) An unfulfilled order or condition of restitution, including a restitution fine that can be converted to a civil judgment under Section 730.6 or an unpaid restitution fee shall not be deemed to constitute unsatisfactory completion of supervision or probation under this section.\n(d) A court shall not seal a record or dismiss a petition pursuant to this section if the petition was sustained based on the commission of an offense listed in subdivision (b) of Section 707 that was committed when the individual was 14 years of age or older unless the finding on that offense was dismissed or was reduced to a lesser offense that is not listed in subdivision (b) of Section 707.\n(e) (1) The court may, in making its order to seal the record and dismiss the instant petition pursuant to this section, include an order to seal a record relating to, or to dismiss, any prior petition or petitions that have been filed or sustained against the individual and that appear to the satisfaction of the court to meet the sealing and dismissal criteria otherwise described in this section.\n(2) An individual who has a record that is eligible to be sealed under this section may ask the court to order the sealing of a record pertaining to the case that is in the custody of a public agency other than a law enforcement agency, the probation department, or the Department of Justice, and the court may grant the request and order that the public agency record be sealed if the court determines that sealing the additional record will promote the successful reentry and rehabilitation of the individual.\n(f) (1) A record that has been ordered sealed by the court under this section may be accessed, inspected, or utilized only under any of the following circumstances:\n(A) By the prosecuting attorney, the probation department, or the court for the limited purpose of determining whether the minor is eligible and suitable for deferred entry of judgment pursuant to Section 790 or is ineligible for a program of supervision as defined in Section 654.3.\n(B) By the court for the limited purpose of verifying the prior jurisdictional status of a ward who is petitioning the court to resume its jurisdiction pursuant to subdivision (e) of Section 388.\n(C) If a new petition has been filed against the minor for a felony offense, by the probation department for the limited purpose of identifying the minor\u2019s previous court-ordered programs or placements, and in that event solely to determine the individual\u2019s eligibility or suitability for remedial programs or services. The information obtained pursuant to this subparagraph shall not be disseminated to other agencies or individuals, except as necessary to implement a referral to a remedial program or service, and shall not be used to support the imposition of penalties, detention, or other sanctions upon the minor.\n(D) Upon a subsequent adjudication of a minor whose record has been sealed under this section and a finding that the minor is a person described by Section 602 based on the commission of a felony offense, by the probation department, the prosecuting attorney, counsel for the minor, or the court for the limited purpose of determining an appropriate juvenile court disposition. Access, inspection, or use of a sealed record as provided under this subparagraph shall not be construed as a reversal or modification of the court\u2019s order dismissing the petition and sealing the record in the prior case.\n(E) Upon the prosecuting attorney\u2019s motion, made in accordance with Section 707, to initiate court proceedings to determine the minor\u2019s fitness to be dealt with under the juvenile court law, by the probation department, the prosecuting attorney, counsel for the minor, or the court for the limited purpose of evaluating and determining the minor\u2019s fitness to be dealt with under the juvenile court law. Access, inspection, or use of a sealed record as provided under this subparagraph shall not be construed as a reversal or modification of the court\u2019s order dismissing the petition and sealing the record in the prior case.\n(F) By the person whose record has been sealed, upon his or her request and petition to the court to permit inspection of the records.\n(2) Access to, or inspection of, a sealed record authorized by paragraph (1) shall not be deemed an unsealing of the record and shall not require notice to any other agency.\n(g) (1) This section does not prohibit a court from enforcing a civil judgment for an unfulfilled order of restitution ordered pursuant to Section 730.6. A minor is not relieved from the obligation to pay victim restitution, restitution fines, and court-ordered fines and fees because the minor\u2019s records are sealed.\n(2) A victim or a local collection program may continue to enforce victim restitution orders, restitution fines, and court-ordered fines and fees after a record is sealed. The juvenile court shall have access to any records sealed pursuant to this section for the limited purpose of enforcing a civil judgment or restitution order.\n(h) The Judicial Council shall adopt rules of court, and shall make available appropriate forms, providing for the standardized implementation of this section by the juvenile courts.\nSEC. 1.5.\nSection 786 of the Welfare and Institutions Code is amended to read:\n786.\n(a) If a minor satisfactorily completes (1) an informal program of supervision pursuant to Section 654.2, (2) probation under Section 725, or (3) a term of probation for any offense, the court shall order the petition dismissed. The court shall order sealed all records pertaining to that dismissed petition in the custody of the juvenile court, and in the custody of law enforcement agencies, the probation department, or the Department of Justice. The court shall send a copy of the order to each agency and official named in the order, direct the agency or official to seal its records, and specify a date by which the sealed records shall be destroyed. Each agency and official named in the order shall seal the records in its custody as directed by the order, shall advise the court of its compliance, and, after advising the court, shall seal the copy of the court\u2019s order that was received. The court shall also provide notice to the minor and minor\u2019s counsel that it has ordered the petition dismissed and the records sealed in the case. The notice shall include an advisement of the minor\u2019s right to nondisclosure of the arrest and proceedings, as specified in subdivision (b).\n(b) Upon the court\u2019s order of dismissal of the petition, the arrest and other proceedings in the case shall be deemed not to have occurred and the person who was the subject of the petition may reply accordingly to any inquiry by employers, educational institutions, or other persons or entities regarding the arrest and proceedings in the case.\n(c) (1) For purposes of this section, satisfactory completion of an informal program of supervision or another term of probation described in subdivision (a) shall be deemed to have occurred if the person has no new findings of wardship or conviction for a felony offense or a misdemeanor involving moral turpitude during the period of supervision or probation and if he or she has not failed to substantially comply with the reasonable orders of supervision or probation that are within his or her capacity to perform. The period of supervision or probation shall not be extended solely for the purpose of deferring or delaying eligibility for dismissal of the petition and sealing of the records under this section.\n(2) An unfulfilled order or condition of restitution, including a restitution fine that can be converted to a civil judgment under Section 730.6 or an unpaid restitution fee shall not be deemed to constitute unsatisfactory completion of supervision or probation under this section.\n(d) A court shall not seal a record or dismiss a petition pursuant to this section if the petition was sustained based on the commission of an offense listed in subdivision (b) of Section 707 that was committed when the individual was 14 years of age or older unless the finding on that offense was dismissed or was reduced to a lesser offense that is not listed in subdivision (b) of Section 707.\n(e) (1) The court may, in making its order to seal the record and dismiss the instant petition pursuant to this section, include an order to seal a record relating to, or to dismiss, any prior petition or petitions that have been filed or sustained against the individual and that appear to the satisfaction of the court to meet the sealing and dismissal criteria otherwise described in this section.\n(2) An individual who has a record that is eligible to be sealed under this section may ask the court to order the sealing of a record pertaining to the case that is in the custody of a public agency other than a law enforcement agency, the probation department, or the Department of Justice, and the court may grant the request and order that the public agency record be sealed if the court determines that sealing the additional record will promote the successful reentry and rehabilitation of the individual.\n(f) (1) A record that has been ordered sealed by the court under this section may be accessed, inspected, or utilized only under any of the following circumstances:\n(A) By the prosecuting attorney, the probation department, or the court for the limited purpose of determining whether the minor is eligible and suitable for deferred entry of judgment pursuant to Section 790 or is ineligible for a program of supervision as defined in Section 654.3.\n(B) By the court for the limited purpose of verifying the prior jurisdictional status of a ward who is petitioning the court to resume its jurisdiction pursuant to subdivision (e) of Section 388.\n(C) If a new petition has been filed against the minor for a felony offense, by the probation department for the limited purpose of identifying the minor\u2019s previous court-ordered programs or placements, and in that event solely to determine the individual\u2019s eligibility or suitability for remedial programs or services. The information obtained pursuant to this subparagraph shall not be disseminated to other agencies or individuals, except as necessary to implement a referral to a remedial program or service, and shall not be used to support the imposition of penalties, detention, or other sanctions upon the minor.\n(D) Upon a subsequent adjudication of a minor whose record has been sealed under this section and a finding that the minor is a person described by Section 602 based on the commission of a felony offense, by the probation department, the prosecuting attorney, counsel for the minor, or the court for the limited purpose of determining an appropriate juvenile court disposition. Access, inspection, or use of a sealed record as provided under this subparagraph shall not be construed as a reversal or modification of the court\u2019s order dismissing the petition and sealing the record in the prior case.\n(E) Upon the prosecuting attorney\u2019s motion, made in accordance with Section 707, to initiate court proceedings to determine the minor\u2019s fitness to be dealt with under the juvenile court law, by the probation department, the prosecuting attorney, counsel for the minor, or the court for the limited purpose of evaluating and determining the minor\u2019s fitness to be dealt with under the juvenile court law. Access, inspection, or use of a sealed record as provided under this subparagraph shall not be construed as a reversal or modification of the court\u2019s order dismissing the petition and sealing the record in the prior case.\n(F) By the person whose record has been sealed, upon his or her request and petition to the court to permit inspection of the records.\n(G) The probation department of any county may access the records for the limited purpose of meeting federal Title IV-B and Title IV-E compliance.\n(2) Access to, or inspection of, a sealed record authorized by paragraph (1) shall not be deemed an unsealing of the record and shall not require notice to any other agency.\n(g) (1) This section does not prohibit a court from enforcing a civil judgment for an unfulfilled order of restitution ordered pursuant to Section 730.6. A minor is not relieved from the obligation to pay victim restitution, restitution fines, and court-ordered fines and fees because the minor\u2019s records are sealed.\n(2) A victim or a local collection program may continue to enforce victim restitution orders, restitution fines, and court-ordered fines and fees after a record is sealed. The juvenile court shall have access to any records sealed pursuant to this section for the limited purpose of enforcing a civil judgment or restitution order.\n(h) This section does not prohibit the Department of Social Services from meeting its obligations to monitor and conduct periodic evaluations of, and provide reports on, the programs carried under federal Title IV-B and Title IV-E as required by Sections 622, 629 et seq., and 671(a)(7) and (22) of Title 42 of the United States Code, as implemented by federal regulation and state statute.\n(i) The Judicial Council shall adopt rules of court, and shall make available appropriate forms, providing for the standardized implementation of this section by the juvenile courts.\nSEC. 2.\nSection 787 is added to the Welfare and Institutions Code, immediately following Section 786, to read:\n787.\n(a) Notwithstanding any other law, a record sealed pursuant to Section 781 or 786 may be accessed by a law enforcement agency, probation department, court, the Department of Justice, or other state or local agency that has custody of the sealed record for the limited purpose of complying with data collection or data reporting requirements that are imposed by other provisions of law. However, no personally identifying information from a sealed record accessed under this subdivision may be released, disseminated, or published by or through an agency, department, court, or individual that has accessed or obtained information from the sealed record.\n(b) Notwithstanding any other law, a court may authorize a researcher or research organization to access information contained in records that have been sealed pursuant to Section 781 or 786 for the purpose of conducting research on juvenile justice populations, practices, policies, or trends, if both of the following are true:\n(1) The court is satisfied that the research project or study includes a methodology for the appropriate protection of the confidentiality of an individual whose sealed record is accessed pursuant to this subdivision.\n(2) Personally identifying information relating to the individual whose sealed record is accessed pursuant to this subdivision is not further released, disseminated, or published by or through the researcher or research organization.\n(c) For the purposes of this section \u201cpersonally identifying information\u201d has the same meaning as in Section 1798.79.8 of the Civil Code.\nSEC. 3.\nThe Legislature finds and declares that Section 1 of this act, which amends Section 786 of the Welfare and Institutions Code, imposes a limitation on the public\u2019s 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:\nIn order to protect the privacy of children who have had their juvenile delinquency court records sealed, it is necessary that related records in the custody of law enforcement agencies, the probation department, the Department of Justice, or any other public agency also be, or be subject to being, sealed.\nSEC. 4.\nSection 1.5 of this bill incorporates amendments to Section 786 of the Welfare and Institutions Code proposed by both this bill and Assembly Bill 989. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 786 of the Welfare and Institutions Code, and (3) this bill is enacted after Assembly Bill 989, in which case Section 1 of this bill shall not become operative.\nSEC. 5.\nIf 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.","title":""}
{"_id":"c479","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nThe heading of Chapter 14.5 (commencing with Section 18995) of Part 6 of Division 9 of the Welfare and Institutions Code is amended to read:\nCHAPTER  14.5. The CalFood Program\nSEC. 2.\nSection 18995 of the Welfare and Institutions Code is amended to read:\n18995.\n(a) On and after January 1, 2017, the State Emergency Food Assistance Program (SEFAP), administered by the State Department of Social Services, shall be renamed as the \u201cCalFood Program.\u201d The CalFood Program shall provide food and funding for the provision of emergency food to food banks established pursuant to the federal Emergency Food Assistance Program (7 C.F.R. Parts 250 and 251) whose ongoing primary function is to facilitate the distribution of food to low-income households.\n(b) The CalFood Account is hereby established in the Emergency Food Assistance Program Fund established pursuant to Section 18852 of the Revenue and Taxation Code, and may receive federal funds and voluntary donations or contributions.\n(c) Notwithstanding Section 18853 of the Revenue and Taxation Code, the following shall apply:\n(1) All moneys received by the CalFood Account shall, upon appropriation by the Legislature, be allocated to the State Department of Social Services for allocation to the CalFood Program and, with the exception of those contributions made pursuant to Section 18851 of the Revenue and Taxation Code and funds received through Parts 250 and 251 of Title 7 of the Code of Federal Regulations, shall be used for the purchase, storage, and transportation of food grown or produced in California. Storage and transportation expenditures shall not exceed 10 percent of the CalFood Program fund\u2019s annual budget.\n(2) Notwithstanding paragraph (1), funds received by the CalFood Account shall, upon appropriation by the Legislature, be allocated to the State Department of Social Services for allocation to the CalFood Program as described in paragraph (1), and shall, in part, be used to pay for the department\u2019s administrative costs associated with the administration of the CalFood Program.\nSEC. 2.5.\nSection 18995 of the Welfare and Institutions Code is amended to read:\n18995.\n(a) On and after January 1, 2017, the State Emergency Food Assistance Program (SEFAP), administered by the State Department of Social Services, shall be renamed as the \u201cCalFood Program.\u201d The CalFood Program shall provide food and funding for the provision of emergency food to food banks established pursuant to the federal Emergency Food Assistance Program (7 C.F.R. Parts 250 and 251) whose ongoing primary function is to facilitate the distribution of food to low-income households.\n(b) (1) The CalFood Account is hereby established in the Emergency Food Assistance Program Fund established pursuant to Section 18852 of the Revenue and Taxation Code, and may receive federal funds and voluntary donations or contributions.\n(2) Notwithstanding Section 18853 of the Revenue and Taxation Code, the following shall apply:\n(A) All moneys received by the CalFood Account shall, upon appropriation by the Legislature, be allocated to the State Department of Social Services for allocation to the CalFood Program and, with the exception of those contributions made pursuant to Section 18851 of the Revenue and Taxation Code and funds received through Parts 250 and 251 of Title 7 of the Code of Federal Regulations, shall be used for the purchase, storage, and transportation of food grown or produced in California. Storage and transportation expenditures shall not exceed 10 percent of the CalFood Program fund\u2019s annual budget.\n(B) Notwithstanding subparagraph (A), funds received by the CalFood Account shall, upon appropriation by the Legislature, be allocated to the State Department of Social Services for allocation to the CalFood Program as described in subparagraph (A), and shall, in part, be used to pay for the department\u2019s administrative costs associated with the administration of the CalFood Program.\n(c) (1) The Public Higher Education Pantry Assistance Program Account is hereby established in the Emergency Food Assistance Program Fund established pursuant to Section 18852 of the Revenue and Taxation Code.\n(2) Notwithstanding Section 18853 of the Revenue and Taxation Code, funds in the Public Higher Education Pantry Assistance Program Account shall, upon appropriation by the Legislature, be allocated to the State Department of Social Services for allocation to food banks established pursuant to Parts 250 and 251 of Title 7 of the Code of Federal Regulations that meet both of the following criteria:\n(A) The primary function of the food bank is the distribution of food to low-income households.\n(B) The food bank has identified specific costs associated with supporting on-campus pantry and hunger relief efforts serving low-income students.\nSEC. 3.\nSection 2.5 of this bill incorporates amendments to Section 18995 of the Welfare and Institutions Code proposed by both this bill and Assembly Bill 1747. 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 18995 of the Welfare and Institutions Code, and (3) this bill is enacted after Assembly Bill 1747, in which case Section 2 of this bill shall not become operative.","title":""}
{"_id":"c310","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 46300 of the Education Code is amended to read:\n46300.\n(a) In computing average daily attendance of a school district or county office of education, there shall be included the attendance of pupils while engaged in educational activities required of those pupils and under the immediate supervision and control of an employee of the\nschool\ndistrict or county office\nof education\nwho possessed a valid certification document, registered as required by law.\n(b) (1) For purposes of a work experience education program in a secondary school that meets the standards of the California State Plan for Career Technical Education, \u201cimmediate supervision,\u201d in the context of off-campus work training stations, means pupil participation in on-the-job training as outlined under a training agreement, coordinated by the school district under a state-approved plan, wherein the employer and certificated school personnel share the responsibility for on-the-job supervision.\n(2) The pupil-teacher ratio in a work experience program shall not exceed 125 pupils per full-time equivalent certificated teacher coordinator. This ratio may be waived by the state board pursuant to Article 3 (commencing with Section 33050) of Chapter 1 of Part 20 of Division 2 under criteria developed by the state board.\n(3) A pupil enrolled in a work experience program shall not be credited with more than one day of attendance per calendar day, and shall be a full-time pupil enrolled in regular classes that meet the requirements of Section 46141 or 46144.\n(c) (1) For purposes of the rehabilitative schools, classes, or programs described in Section 48917 that require immediate supervision, \u201cimmediate supervision\u201d means that the person to whom the pupil is required to report for training, counseling, tutoring, or other prescribed activity shares the responsibility for the supervision of the pupils in the rehabilitative activities with certificated personnel of the district.\n(2) A pupil enrolled in a rehabilitative school, class, or program shall not be credited with more than one day of attendance per calendar day.\n(d) (1) For purposes of computing the average daily attendance of pupils engaged in the educational activities required of high school pupils who are also enrolled in a regional occupational center or regional occupational program, the school district shall receive proportional average daily attendance credit for those educational activities that are less than the minimum schoolday, pursuant to regulations adopted by the state\nboard; however, none of that attendance shall be counted for purposes of computing attendance pursuant to Section 52324.\nboard.\n(2) A school district shall not receive proportional average daily attendance credit pursuant to this subdivision for a pupil in attendance for less than 145 minutes each day.\n(3) The divisor for computing proportional average daily attendance pursuant to this subdivision is 240, except that, in the case of a pupil excused from physical education classes pursuant to Section 52316, the divisor is 180.\n(4) Notwithstanding any other\nprovision of\nlaw, travel time of pupils to attend a regional occupational center or regional occupational program shall not be used in any manner in the computation of average daily attendance.\n(e) (1) In computing the average daily attendance of a school district, there shall also be included the attendance of pupils participating in independent study conducted pursuant to Article 5.5 (commencing with Section 51745) of Chapter 5 of Part 28 for five or more consecutive schooldays.\n(2) A pupil participating in independent study shall not be credited with more than one day of attendance per calendar day.\n(3) For purposes of this subdivision, a pupil serving as a member of a precinct board for an election pursuant to Section 12302 of the Elections Code consistent with subdivision (a) of Section 51745 shall not be required to participate in that activity for five or more consecutive schooldays if the pupil absent from school under this paragraph is required to do both of the following:\n(A) Complete all assignments and tests missed during the absence. The teacher of any class from which a pupil is absent shall ensure that the assignments and tests are reasonably equivalent, but not necessarily identical, to the assignments and tests that the pupil missed during the absence.\n(B) Complete a report or written assignment on the subject of the activities engaged in by the pupil while serving as a member of a precinct board for an election pursuant to Section 12302 of the Elections Code. The teacher of any class from which a pupil is absent shall ensure that the report or written assignment is submitted within a reasonable time after the activities are completed.\n(f) For purposes of cooperative career technical education programs and community classrooms described in Section 52372.1, \u201cimmediate supervision\u201d means pupil participation in paid and unpaid on-the-job experiences, as outlined under a training agreement and individualized training plans wherein the supervisor of the training site and certificated school personnel share the responsibility for the supervision of on-the-job experiences.\n(g) (1) In computing the average daily attendance of a school district, there shall be included the attendance of pupils in kindergarten after they have completed one school year in kindergarten or pupils in a transitional kindergarten program after they have completed one year in that program if one of the following conditions is met:\n(A) The school district has on file for each of those pupils an agreement made pursuant to Section 48011, approved in form and content by the department and signed by the pupil\u2019s parent or guardian, that the pupil may continue in kindergarten for not more than one additional school year.\n(B) The pupils participated in a transitional kindergarten program pursuant to subdivision (c) of Section 48000.\n(2) A school district may not include for apportionment purposes the attendance of any pupil for more than two years in kindergarten or for more than two years in a combination of transitional kindergarten and kindergarten.\nSEC. 2.\nSection 48205 of the Education Code is amended to read:\n48205.\n(a) Notwithstanding Section 48200, a pupil shall be excused from school when the absence is:\n(1) Due to his or her illness.\n(2) Due to quarantine under the direction of a county or city health officer.\n(3) For the purpose of having medical, dental, optometrical, or chiropractic services rendered.\n(4) For the purpose of attending the funeral services of a member of his or her immediate family, so long as the absence is not more than one day if the service is conducted in California and not more than three days if the service is conducted outside California.\n(5) For the purpose of jury duty in the manner provided for by law.\n(6) Due to the illness or medical appointment during school hours of a child of whom the pupil is the custodial parent.\n(7) For justifiable personal reasons, including, but not limited to, an appearance in court, attendance at a funeral service, observance of a holiday or ceremony of his or her religion, attendance at religious retreats, attendance at an employment conference, or attendance at an educational conference on the legislative or judicial process offered by a nonprofit organization when the pupil\u2019s absence is requested in writing by the parent or guardian and approved by the principal or a designated representative pursuant to uniform standards established by the governing board.\n(8) For the purpose of serving as a member of a precinct board for an election pursuant to Section 12302 of the Elections Code.\n(9) For the purpose of spending time with a member of the pupil\u2019s immediate family, who is an active duty member of the uniformed services, as defined in Section 49701, and has been called to duty for, is on leave from, or has immediately returned from, deployment to a combat zone or combat support position. Absences granted pursuant to this paragraph shall be granted for a period of time to be determined at the discretion of the superintendent of the school district.\n(b) A pupil absent from school under this section shall be allowed to complete all assignments and tests missed during the absence that can be reasonably provided and, upon satisfactory completion within a reasonable period of time, shall be given full credit therefor. The teacher of the class from which a pupil is absent shall determine which tests and assignments shall be reasonably equivalent to, but not necessarily identical to, the tests and assignments that the pupil missed during the absence.\n(c) For purposes of this section, attendance at religious retreats shall not exceed four hours per semester.\n(d) Absences pursuant to this section are deemed to be absences in computing average daily attendance and shall not generate state apportionment\npayments.\npayments, except for a pupil serving as a member of a precinct board for an election in accordance with paragraph (3) of subdivision (e) of Section 46300.\n(e) \u201cImmediate family,\u201d as used in this section, has the same meaning as set forth in Section 45194, except that references\ntherein\nin that section\nto \u201cemployee\u201d shall be deemed to be references to \u201cpupil.\u201d","title":""}
{"_id":"c166","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 15277.5 is added to the Government Code, to read:\n15277.5.\nThe division shall require its California 911 Emergency Communications Branch to work with the Department of the California Highway Patrol to continue the work of the Routing on Empirical Data (RED) Project by using the technology and procedures employed in that project to assist in determining whether wireless 911 calls should be routed to a local public safety answering point or a California Highway Patrol call center. The project pursuant to this section shall use historical empirical call data to determine the most efficient routing for wireless 911 calls.\nSECTION 1.\nSEC. 2.\nSection 41030 of the Revenue and Taxation Code, as added by Section 6 of Chapter 885 of the Statutes of 2014, is repealed.\nSEC. 2.\nSEC. 3.\nSection 41030 of the Revenue and Taxation Code, as amended by Chapter 926 of the Statutes of 2014, is amended to read:\n41030.\n(a) The Office of Emergency Services shall determine annually, on or before October 1, to be effective on January 1 of the following year, a surcharge rate pursuant to subdivision (b) that it estimates will produce sufficient revenue to fund the current fiscal year\u2019s 911 costs.\n(b) Commencing with the calculation made October 1, 2015, to be effective January 1, 2016, the surcharge shall be determined by the Office of Emergency Services using estimates for the current fiscal year of 911 costs approved pursuant to Article 6 (commencing with Section 53100) of Chapter 1 of Part 1 of Division 2 of Title 5 of the Government Code for the period of January 1 to December 31, inclusive, of the next succeeding calendar year, but in no event shall the surcharge rate in any year be less than fifteen cents ($0.15) per month or greater than seventy-five cents ($0.75) per month.\n(c) When determining the surcharge rates pursuant to this section, the office shall include the costs it expects to incur to plan, test, implement, and operate Next Generation 911 technology and services, including text to 911 service, consistent with the plan and timeline required by Section 53121 of the Government Code.\n(d) The office shall notify the board of the surcharge rate determined pursuant to this section and the surcharge rate applicable to prepaid mobile telephony services by October 15 of each year.\n(e) At least 30 days prior to determining the surcharge pursuant to subdivision (a), the Office of Emergency Services shall prepare a summary of the calculation of the proposed surcharge and make it available to the public, the Legislature, the 911 Advisory Board, and on its Internet Web site. The summary shall contain all of the following:\n(1) The prior year revenues to fund 911 costs, including, but not limited to, revenues from prepaid service.\n(2) Projected expenses and revenues from all sources, including, but not limited to, prepaid service to fund 911 costs.\n(3) The rationale for adjustment to the surcharge determined pursuant to subdivision (b), including, but not limited to, all impacts from the surcharge collected pursuant to Part 21 (commencing with Section 42001).\n(f) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.\nSEC. 3.\nSEC. 4.\nSection 41030 of the Revenue and Taxation Code, as added by Chapter 926 of the Statutes of 2014, is amended to read:\n41030.\n(a) The Office of Emergency Services shall determine annually, on or before October 1, a surcharge rate that it estimates will produce sufficient revenue to fund the current fiscal year\u2019s 911 costs. The surcharge rate shall apply for the period of January 1 to December 31, inclusive, of the next succeeding calendar year, but in no event shall the surcharge rate in any year be less than fifteen cents ($0.15) per month or greater than seventy-five cents ($0.75) per month.\n(b) When determining the surcharge rate, the office shall include the costs it expects to incur to plan, test, implement, and operate Next Generation 911 technology and services, including text to 911 service, consistent with the plan and timeline required by Section 53121 of the Government Code.\n(c) At least one month before determining the surcharge rate pursuant to subdivision (a), the office shall prepare a summary of the calculation of the proposed surcharge and make it available to the Legislature and the 911 Advisory Board, and on the office\u2019s Internet Web site.\n(d) This section shall become operative on January 1, 2020.\nSEC. 4.\nSEC. 5.\nThis 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:\nIn order to\nrestart the Routing on Empirical Data (RED) Project for efficient routing of wireless 911 calls and to\nfully fund the \u201c911\u201d emergency telephone number system, it is necessary that this act take effect immediately.","title":""}
{"_id":"c77","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 1027 of the Penal Code is amended to read:\n1027.\n(a) When a defendant pleads not guilty by reason of insanity the court shall\nselect and appoint two, and may select and appoint three, psychiatrists, or licensed psychologists who have a doctoral degree in psychology and at least five years of postgraduate experience in the diagnosis and treatment of emotional and mental disorders,\nappoint an evaluation panel that has been convened pursuant to Section 7233 of the Welfare and Institutions Code\nto examine the defendant and investigate his or her mental status. It is the duty of the\npsychiatrists or psychologists selected and appointed\nevaluation panel\nto make the examination and investigation, and to testify, whenever summoned, in any proceeding in which the sanity of the defendant is in question. The\npsychiatrists or psychologists appointed by the court\nmembers of the evaluation panel\nshall be allowed, in addition to their actual traveling expenses, those fees that in the discretion of the court seem just and reasonable, having regard to the services rendered by the witnesses. The fees allowed shall be paid by the county where the indictment was found or in which the defendant was held for\ntrial.\ntrial to the State Department of State Hospitals.\n(b) Any report on the examination and investigation made pursuant to subdivision (a) shall include, but not be limited to, the psychological history of the defendant, the facts surrounding the commission of the acts forming the basis for the present charge used by the\npsychiatrist or psychologist\nevaluation panel\nin making\nhis or her\nthe panel\u2019s\nexamination of the defendant, the present psychological or psychiatric symptoms of the defendant, if any, the substance abuse history of the defendant, the substance use history of the defendant on the day of the offense, a review of the police report for the offense, and any other credible and relevant material reasonably necessary to describe the facts of the offense.\n(c) This section does not presume that\na psychiatrist or psychologist\nan evaluation panel\ncan determine whether a defendant was sane or insane at the time of the alleged offense. This section does not limit a court\u2019s discretion to admit or exclude, pursuant to the Evidence Code, psychiatric or psychological evidence about the defendant\u2019s state of mind or mental or emotional condition at the time of the alleged offense.\n(d) Nothing contained in this section shall be deemed or construed to prevent any party to any criminal action from producing any other expert evidence with respect to the mental status of the defendant. If expert witnesses are called by the district attorney in the action, they shall only be entitled to those witness fees as may be allowed by the court.\n(e)\nAny psychiatrist or psychologist\nThe members of an evaluation panel\nappointed by the court may be called by either party to the action or by the court, and shall be subject to all legal objections as to competency and bias and as to qualifications as an expert. When called by the court or by either party to the action, the court may examine the\npsychiatrist or psychologist,\nmembers of the evaluation panel,\nas deemed necessary, but either party shall have the same right to object to the questions asked by the court and the evidence adduced as though the\npsychiatrist or psychologist\nmembers of the panel\nwere\na witness\nwitnesses\nfor the adverse party. When\na member of\nthe\npsychiatrist or psychologist\npanel\nis called and examined by the court, the parties may cross-examine him or her in the order directed by the court. When called by either party to the action, the adverse party may examine him or her the same as in the case of any other witness called by the party.\nSEC. 2.\nSection 1369 of the Penal Code is amended to read:\n1369.\nExcept as stated in subdivision (g), a trial by court or jury of the question of mental competence shall proceed in the following order:\n(a) The court shall appoint\na psychiatrist or licensed psychologist,\nan evaluation panel that has been convened pursuant to Section 7233 of the Welfare and Institutions Code,\nand any other expert\nwith forensic experience\nthe court may deem appropriate, to examine the defendant. In any case\nwhere\nin which\nthe defendant or the defendant\u2019s counsel informs the court that the defendant is not seeking a finding of mental incompetence, the\ncourt shall appoint two psychiatrists, licensed psychologists, or a combination thereof. One of the psychiatrists or licensed psychologists may be named by the\ndefense and\none may be named by the prosecution.\ndefense and the prosecution shall each confer with the State Department of State Hospitals regarding the selection of the panelists.\nThe examining\npsychiatrists or licensed psychologists\npanelists\nshall evaluate the nature of the defendant\u2019s mental disorder, if any, the defendant\u2019s ability or inability to understand the nature of the criminal proceedings or assist counsel in the conduct of a defense in a rational manner as a result of a mental disorder and, if within the scope of their licenses and appropriate to their opinions, whether or not treatment with antipsychotic medication is medically appropriate for the defendant and whether antipsychotic medication is likely to restore the defendant to mental competence. If an examining\npsychologist\npanelist\nis of the opinion that antipsychotic medication may be medically appropriate for the defendant and that the defendant should be evaluated by a psychiatrist to determine if antipsychotic medication is medically appropriate, the\npsychologist\npanelist\nshall inform the court of this opinion and his or her recommendation as to whether a psychiatrist should examine the defendant. The examining\npsychiatrists or licensed psychologists\npanelists\nshall also address the issues of whether the defendant has capacity to make decisions regarding antipsychotic medication and whether the defendant is a danger to self or others. If the defendant is examined by a psychiatrist and the psychiatrist forms an opinion as to whether or not treatment with antipsychotic medication is medically appropriate, the psychiatrist shall inform the court of his or her opinions as to the likely or potential side effects of the medication, the expected efficacy of the medication, possible alternative treatments, and whether it is medically appropriate to administer antipsychotic medication in the county jail. If it is suspected the defendant is developmentally disabled, the court shall appoint the director of the regional center for the developmentally disabled established under Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code, or the designee of the director, to examine the defendant. The court may order the developmentally disabled defendant to be confined for examination in a residential facility or state hospital.\nThe regional center director shall recommend to the court a suitable residential facility or state hospital. Prior to issuing an order pursuant to this section, the court shall consider the recommendation of the regional center director. While the person is confined pursuant to order of the court under this section, he or she shall be provided with necessary care and treatment.\n(b) (1) The counsel for the defendant shall offer evidence in support of the allegation of mental incompetence.\n(2) If the defense declines to offer any evidence in support of the allegation of mental incompetence, the prosecution may do so.\n(c) The prosecution shall present its case regarding the issue of the defendant\u2019s present mental competence.\n(d) Each party may offer rebutting testimony, unless the court, for good reason in furtherance of justice, also permits other evidence in support of the original contention.\n(e) When the evidence is concluded, unless the case is submitted without final argument, the prosecution shall make its final argument and the defense shall conclude with its final argument to the court or jury.\n(f) In a jury trial, the court shall charge the jury, instructing them on all matters of law necessary for the rendering of a verdict. It shall be presumed that the defendant is mentally competent unless it is proved by a preponderance of the evidence that the defendant is mentally incompetent. The verdict of the jury shall be unanimous.\n(g) Only a court trial is required to determine competency in any proceeding for a violation of probation, mandatory supervision, postrelease community supervision, or parole.\nSEC. 3.\nSection 7233 is added to the Welfare and Institutions Code, to read:\n7233.\n(a) The State Department of State Hospitals shall establish a pool of psychiatrists and psychologists with forensic skills who are employees of the department from which evaluation panels shall be created pursuant to subdivision (b).\n(b) The department shall create evaluation panels with each panel consisting of three to five forensic psychiatrists or psychologists from the pool created in subdivision (a).","title":""}
{"_id":"c323","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 49475.5 is added to the Education Code, to read:\n49475.5.\n(a) The Neurocognitive Testing Pilot Grant Program is hereby established to provide grant funding to Title I schools for the purposes of neurocognitive testing.\n(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:\n(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:\n(i) Baseball.\n(ii) Basketball.\n(iii) Cheerleading.\n(iv) Field hockey.\n(v) Football.\n(vi) Ice hockey.\n(vii) Lacrosse.\n(viii) Rugby.\n(ix) Soccer.\n(x) Softball.\n(xi) Volleyball.\n(xii) Wrestling.\n(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.\n(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.\n(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\u2019s parent or guardian upon request. These neurocognitive testing results may also be shared with the athlete\u2019s physician upon the request of the athlete\u2019s parent or guardian.\n(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.\n(c) For purposes of this section, \u201cneurocognitive testing\u201d means a comprehensive evaluation of a person\u2019s cognitive status by specific neurologic domains, including, but not necessarily limited to, memory, attention, problem solving, language, visuospatial, processing speed, motor, and emotion.\n(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:\n(A) The number of athletes who received the baseline tests.\n(B) The number of athletes who received the postinjury tests.\n(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.\n(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.\n(e) This section is contingent upon the appropriation of funds for its purposes in the annual Budget Act or another statute.\n(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.\nSEC. 2.\nSection 49475.6 is added to the Education Code, to read:\n49475.6.\nA 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.\nSEC. 3.\nIf 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.","title":""}
{"_id":"c458","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nThe Legislature finds and declares all of the following:\n(a) The issue of corruption in small charter cities across the state is an increasing and alarming trend, with no signs of slowing or stopping.\n(b) Small charter cities such as the City of Vernon, the City of Bell, and the City of Industry have long histories of abuses of power within city limits, going back decades. Those abuses include inflated salaries for city officials, failing to establish minimum qualifications for key positions, fiscally risky bond issuances, misappropriation of public funds, city officials issuing loans to themselves, failure to plan basic municipal responsibilities such as energy purchases according to best practices, incorrectly classifying employees to obtain higher, unearned retirement benefits, forcing employees to work at will for the city council, buying residential properties and renting them at below-market rents to city workers, inadequate and self-serving contracting policies, routine violations of conflict-of-interest policies, and little or no restrictions on city-issued credit cards.\n(c) The voter base in small charter cities is tightly managed by city officials. The housing units within these cities are controlled by city leaders and rented out to handpicked tenants at below-market cost, thus keeping the voter base indebted to those in power. Efforts to broaden the homeowning population have met with resistance from city leaders, with officials in one city cutting power to new residents in an effort to force them from their homes.\n(d) Criminal charges have also been filed in some instances, furthering the notion that these cities should not govern themselves. Voter fraud, conspiracy, and misappropriation of public funds are some of the charges that have been investigated, and are still being investigated, in some cases.\n(e) This corruption has taken a toll on voter trust, citizen confidence, and taxpayer funds.\n(f) In January 2016, an audit was released by the Controller highlighting the lack of administrative and internal accounting controls. Out of the 79 control elements evaluated by the Controller, 85 percent was found to be inadequate. Of the ethical components evaluated, none were found to be adequate.\n(g) Historically, cities with small population size were not authorized to adopt a charter for local governance. However, in 1970, the Constitution was amended to authorize any city to adopt a charter. Since then, California\u2019s citizens have seen one after another small charter city become mired in corruption and the leaders of these cities enrich themselves at the expense of the California taxpayer. Ensuring that our citizens, no matter where they live, have an open, honest, and transparent government is a matter of statewide concern, and not a municipal affair, and as a result the Legislature has the authority and the responsibility to impose heightened governing requirements. Therefore, the Legislature finds and declares that the provisions of this act are not a municipal affair, as that term is used in Section 5 of Article XI of the California Constitution, but are instead a matter of statewide concern.\nSEC. 2.\nSection 34096 is added to the Government Code, to read:\n34096.\nNotwithstanding any other law, all of the following shall apply to a city that is incorporated to promote commerce and industry, is located wholly within the County of Los Angeles, and had no residentially zoned land within its boundaries as of January 1, 1992:\n(a) No more than 5 percent of the city\u2019s total city-owned housing may be occupied by any of the following persons:\n(1) Employees or officers of the city, including the family of employees or officers of the city.\n(2) Persons that contract with the city, including employees of persons or companies that contract with the city, and including the family of persons who contract with the city and the family of employees of persons or companies that contract with the city.\n(b) The city shall make an annual disclosure of all property owned by the city, wherever that property is situated.\n(c) The city shall conduct an annual audit that utilizes internal control components and elements based on the guidelines established by the Government Accountability Office\u2019s Internal Control Management and Evaluation Tool. The city shall substantially comply with those guidelines.\n(d) This section shall remain in effect only until January 1, 2028, and as of that date is repealed.\nSEC. 3.\nSection 36516.7 is added to the Government Code, to read:\n36516.7.\n(a) Notwithstanding any other law, the compensation for service on the city council of a city that is incorporated to promote commerce and industry, is located wholly within the County of Los Angeles, and had no residentially zoned land within its boundaries as of January 1, 1992, shall not exceed $1,000 per month.\n(b) This section shall remain in effect only until January 1, 2028, and as of that date is repealed.\nSEC. 4.\nSection 1100.8 is added to the Public Contract Code, to read:\n1100.8.\n(a) Notwithstanding Section 1100.7, this code shall apply to contracts entered into by a city that is incorporated to promote commerce and industry, is located wholly within the County of Los Angeles, and had no residentially zoned land within its boundaries as of January 1, 1992, including, but not limited to, contracts for the provision of waste collection and management services.\n(b) This section shall remain in effect only until January 1, 2028, and as of that date is repealed.\nSEC.\n5.\nThe 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 concerns related to the governance of a city that is incorporated to promote commerce and industry, is located wholly within the County of Los Angeles, and had no residentially zoned land within its boundaries as of January 1, 1992.\nSEC. 6.\nIf 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.\nSECTION 1.\nSection 34450 of the\nGovernment Code\nis amended to read:\n34450.\nAny city or city and county may enact, amend, or repeal a charter for its own government pursuant to this article or Article 3 (commencing with Section 9255) of Chapter 3 of Division 9 of the Elections Code.","title":""}
{"_id":"c23","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nArticle 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:\nArticle  2. Special Olympics Fund\n18706.\n(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.\n(b) The contribution shall be in full dollar amounts and may be made individually by each signatory on the joint return.\n(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\u2019s account, do not exceed the individual\u2019s tax liability, the return shall be treated as though no designation has been made.\n(d) (1) The Franchise Tax Board shall revise the form of the return to include a space labeled \u201cSpecial Olympics Fund\u201d 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.\n(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.\n(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).\n18707.\nThere 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.\n18708.\nAll moneys transferred to the Special Olympics Fund pursuant to Section 18707, upon appropriation by the Legislature, shall be allocated as follows:\n(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.\n(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\u2019s 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.\n(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.\n18709.\n(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.\n(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:\n(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.\n(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.\n(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.\n(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).\n(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:\n(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.\n(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.","title":""}
{"_id":"c488","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nThis act shall be known and may be cited as the Hospital Executive Compensation Transparency Act of 2016.\nSEC. 2.\nThe Legislature finds and declares all of the following:\n(a) The public has a direct and immediate interest in ensuring its money is spent efficiently and wisely. Through direct cash payments and exemptions from paying taxes, nonprofit hospitals receive billions in taxpayer funds.\n(b) The compensation packages of chief executive officers, executives, managers, and administrators of hospitals, hospital groups, and affiliated medical entities that operate under nonprofit corporate status are often excessive, unnecessary, and inconsistent with the corporations\u2019 charitable purposes, as revealed by compensation surveys and other sources.\n(c) Payment of excessive compensation to executives, managers, and administrators undermines the purposes of nonprofit corporations because it results in fewer funds being available for their charitable purposes, and it is often the case that the hospitals, hospital groups, and affiliated medical entities that pay the most excessive compensation also provide less charitable care than comparable institutions that pay reasonable compensation to their executives, managers, and administrators.\n(d) Existing requirements of law do not adequately ensure that assets held for charitable purposes are not instead used to enrich executives, managers, and administrators of nonprofit hospitals, hospital groups, and affiliated medical entities through payment of excessive compensation.\n(e) The compensation packages for chief executive officers, executives, managers, and administrators of for-profit hospitals in California are often excessive, unnecessary, and inconsistent with the provision of high-quality, affordable medical care, by diverting funds that could be used to expand access to affordable medical care for all Californians.\n(f) Chief executive officers, executives, managers, and administrators at hospitals, hospital groups, and affiliated medical entities who are also compensated for their positions on boards of directors of publicly traded companies, privately held companies, and nonprofit organizations risk spending time away from their primary responsibilities to the detriment of high-quality, affordable medical care.\n(g) In order to properly assess the scope of excessive compensation packages in the nonprofit hospital sector and to inform policy decisions related to escalating health care costs, it is necessary to understand excessive compensation among private hospitals.\n(h) In order to ensure equal opportunity and compensation among health care workers in California, it is necessary to understand compensation by job classification and by race, ethnicity, gender, sexual orientation, and gender identity.\n(i) It is the intent of the Legislature in enacting this act to ensure that compensation packages for chief executive officers, executives, managers, and administrators of for-profit and nonprofit hospitals are consistent with the goal of providing affordable, high-quality medical care to all Californians.\n(j) The intent of the Legislature in enacting this act is also to ensure that compensation packages for chief executive officers, executives, managers, and administrators of nonprofit hospitals, hospital groups, and affiliated medical entities are consistent with the charitable purposes of those nonprofits and are reasonable and not excessive in light of the substantial public benefit that the state tax exemption for nonprofit organizations conveys.\n(k) It is also the intent of the Legislature in enacting this act to ensure that compensation packages for employees of for-profit and nonprofit hospitals are not discriminatory based on race, ethnicity, gender, sexual orientation, or gender identity.\nSEC. 3.\nChapter 2.17 (commencing with Section 1339.85) is added to Division 2 of the Health and Safety Code, to read:\nCHAPTER  2.17. Hospital Executive Compensation Transparency Act of 2016\n1339.85.\nFor purposes of this chapter, the following definitions shall have the following meanings:\n(a) \u201cAnnual hospital executive compensation report\u201d refers to the report described in Section 1339.87.\n(b) \u201cBoard compensation\u201d shall mean the total annual compensation provided to each hospital executive by any publicly traded company, privately held company, or nonprofit organization on whose board of directors a hospital executive sits and from which the hospital executive received total annual compensation of more than one thousand dollars ($1,000).\n(c) (1) \u201cCovered hospital or medical entity\u201d shall mean any of the following:\n(A) A private nonprofit general acute care hospital, as defined in subdivision (a) of Section 1250.\n(B) An acute psychiatric hospital, as defined in subdivision (b) of Section 1250.\n(C) Any private for-profit general acute care hospital that is licensed under subdivision (a) or (b) of Section 1250 and operated within the state for profit under Division 1 (commencing with Section 100) of Title 1 of the Corporations Code, including by a foreign corporation.\n(D) A hospital group, which shall mean any group of two or more hospitals described in subparagraphs (A) to (C), inclusive, or any person, corporation, partnership, limited liability company, trust, or other entity that owns, operates, or controls, in whole or in part, any such group.\n(E) A hospital-affiliated medication foundation, which shall mean a medical foundation, as described in subdivision (l) of Section 1206, that satisfies either or both of the following conditions:\n(i) The medical foundation is a disregarded entity of, or would be required to be designated as a related organization on Internal Revenue Service Form 990 (or its accompanying schedules or the successor of such forms or schedules) of, a hospital, hospital group, hospital-affiliated physicians group, or a nonprofit corporation that owns, operates, or controls, in whole or in part, a hospital, hospital group, or hospital-affiliated physicians group.\n(ii) A majority of the medical foundation\u2019s assets are owned by a hospital, hospital group, or hospital-affiliated physicians group or by a nonprofit corporation that owns, operates, or controls, in whole or in part, a hospital, hospital group, or hospital-affiliated physicians group, or the medical foundation owns a majority of the assets of a hospital, hospital group, or hospital-affiliated physicians group or of a nonprofit corporation that owns, operates, or controls, in whole or in part, a hospital, hospital group, or hospital-affiliated physicians group.\n(F) A hospital-affiliated physicians group, which shall mean any physicians group or medical group that satisfies either or both of the following conditions:\n(i) The physicians group is a disregarded entity of, or would be required to be designated as a related organization on Internal Revenue Service Form 990 (or its accompanying schedules or the successor of such forms or schedules) of, a hospital, hospital group, or hospital-affiliated medical foundation or a nonprofit corporation that owns, operates, or controls, in whole or in part, a hospital, hospital group, or hospital-affiliated medical foundation.\n(ii) A majority of the physicians group\u2019s assets are owned by a hospital, hospital group, or hospital-affiliated medical foundation or a nonprofit corporation that owns, operates, or controls, in whole or in part, a hospital, hospital group, or hospital-affiliated medical foundation.\n(G) A health care district organized pursuant to Chapter 1 (commencing with Section 32000) of Division 23.\n(2) \u201cCovered hospital or medical entity\u201d shall not include any of the following:\n(A) Hospitals operated or licensed by the United States Department of Veterans Affairs or public hospitals as defined in paragraph (25) of subdivision (a) of Section 14105. 98 of the Welfare and Institutions Code, with the exception of hospitals owned or operated by a health care district organized pursuant to Chapter 1 (commencing with Section 32000) of Division 23.\n(B) Designated public hospitals, as described in subdivision (d) of Section 14166.1 of the Welfare and Institutions Code.\n(d) \u201cExecutive compensation reporting threshold\u201d shall mean the total annual compensation from any source for work performed or services provided at or for the covered hospital or medical entity that is greater than\ntwo hundred fifty thousand dollars ($250,000)\nthree hundred thousand dollars ($300,000)\nin a year.\n(e) (1) \u201cHospital executive\u201d shall mean all persons whose primary duties are executive, managerial, or administrative at or for the covered hospital or medical entity, even if that person also performs or performed other duties.\n(2) \u201cHospital executive\u201d shall include, but is not limited to, chief executive officers, chief executive managers, chief executives, executive officers, executive directors, chief financial officers, presidents, executive presidents, vice presidents, executive vice presidents, and other comparable positions.\n(3) The definition of \u201chospital executive\u201d shall apply irrespective of whether the person exercising executive, managerial, or administrative authority is or was an employee of a covered hospital or medical entity or a nonprofit corporation that owns, operates, or controls, in whole or in part, a covered hospital or medical entity. The definition shall also apply to any person who exercises or exercised such authority even if the arrangements for such authority or for compensation or both are pursuant to a contract or subcontract.\n(4) \u201cHospital executive\u201d shall include any person who held the duties described under this paragraph during the period covered by the annual report, even if the person is postemployment or postservice.\n(5) \u201cHospital executive\u201d shall not apply to medical or health care professionals whose primary duties are or were the provision of medical services, research, direct patient care, or other nonmanagerial, nonexecutive, and nonadministrative services.\n(f) \u201cOffice\u201d means the Office of Statewide Health Planning and Development.\n(g) (1) \u201cTotal annual compensation\u201d shall mean all remuneration paid, earned, or accrued in the course of a fiscal year for work performed or services provided, including the cash value of all remuneration (including benefits) in any medium other than cash, except as otherwise specified in paragraph (2), and including, but not limited to, all of the following:\n(A) Wages; salary; paid time off; bonuses; incentive payments; lump-sum cash payments; the fair market value of below-market-rate loans or loan forgiveness; housing payments; payments for transportation, travel, meals, or other expenses in excess of actual documented expenses incurred in the performance of duties; payments or reimbursement for entertainment or social club memberships; the cash value of housing, automobiles, parking, or similar benefits; scholarships or fellowships; the cash value of dependent care or adoption assistance or personal legal or financial services; the cash value of stock options or awards; payments or contributions for insurance, except as exempted in paragraph (2), to a Section 125 cafeteria plan or equivalent arrangement, to a health savings account, or for severance or its equivalent; and deferred compensation earned or accrued, even if not yet vested nor paid.\n(B) The total value in the aggregate of the compensation or payments authorized or paid under a severance or similar postservice or postemployment arrangement, to include the fair market value of all cash remuneration as well as the fair market value of all remuneration (including benefits) paid in any medium other than cash, as defined in paragraph (1), subject to the exclusion set forth in paragraph (2).\n(C) Payments, compensation, or remuneration for work performed or services provided at or for a covered hospital or medical entity even if made by a separate person or entity, including, but not limited to, any of the following:\n(i) A for-profit or unincorporated entity.\n(ii) A corporation, partnership, or limited liability company.\n(iii) A trust or other entity that is controlled by the same person or persons who govern a covered hospital or medical entity.\n(iv) A supporting or supported organization within the meaning of Sections 509(a)(3) and 509(f)(3) of the Internal Revenue Code.\n(v) A disregarded entity of, or related organization as set forth within, the Internal Revenue Service Form 990 of a covered hospital or medical entity or a nonprofit corporation that owns, operates, or controls, in whole or in part, a covered hospital or medical entity.\n(D) Payment of compensation or remuneration by any person, corporation, partnership, limited liability company, trust, or other entity that a covered hospital or medical entity, or a nonprofit corporation that owns, operates, or controls, in whole or in part, a covered hospital or medical entity, participates in, belongs to, is a member of, or pays into shall be presumed compensation for work performed or services provided at or for the covered hospital or medical entity.\n(2) \u201cTotal annual compensation\u201d shall not include the cost of health insurance or disability insurance or payments or contributions to a health reimbursement account.\n1339.87.\n(a) On and after October 1, 2017, each covered hospital or medical entity shall submit an annual hospital executive compensation report to the office for every hospital executive whose total annual compensation met or exceeded the executive compensation reporting threshold. The report shall include all of the following information for the prior fiscal year:\n(1) The names, positions, or titles of each hospital executive and the aggregate total annual compensation for each hospital executive at or exceeding the executive compensation reporting threshold, including all of the information described under subdivision (g) of Section 1339.85, with a description of each entity that has contributed to the total annual compensation of each hospital executive, in any form, and the amount of such compensation.\n(2) A detailed breakdown of all wage and nonwage compensation.\n(3) Identification of any benefit or remuneration excluded from the definition of total annual compensation pursuant to paragraph (2) of subdivision (g) of Section 1339.85.\n(4) A detailed breakdown of board compensation, which shall include all of the following:\n(A) The name of the publicly traded company, privately held company, or nonprofit organization that provided the board compensation.\n(B) The number of hours the hospital executive spent on matters related to their duties as a director of the publicly traded company, privately held company, or nonprofit organization for which the board compensation was received.\n(b) Consistent with the annual equal employment opportunity and compensation report on employees\u2019 ethnicity, race, and sex by job category and compensation required by Part 1602 of Chapter XIV of Subtitle B of Title 29 of the Code of Federal Regulations, on or after October 1, 2017, and annually thereafter, each covered hospital or medical entity with 100 or more employees shall submit to the office all of the following information for the prior fiscal year:\n(1) The number of employees earning annual total compensation in 12 pay bands, as proposed by the federal Equal Employment Opportunity Commission in the Federal Register, Volume 81, Number 20, on February 1, 2016, on pages 5113 to 5121, inclusive, for each of the eight employee classifications defined in the office\u2019s hospital annual financial data and by self-reported gender, ethnicity, and race, and voluntarily self-reported sexual orientation and gender identity.\n(2) The total number of hours worked by the employees included in each pay band described in paragraph (1).\n(c) On and after January 1, 2018, the office shall post the annual hospital executive compensation report for each covered hospital or medical entity on the office\u2019s Internet Web site.\n(d) The annual report shall be submitted on the form or in the format required by the office.\n(e) (1) The board of directors of any nonprofit or for-profit corporation that owns, operates, or controls, in whole or in part, a covered hospital or medical entity shall approve the annual report before it is submitted to the office.\n(2) Each director shall act in good faith and with reasonable care and inquiry in approving the annual report and in ensuring that the corporation complies with the requirements of this section.\n(3) For each covered hospital or medical entity governed, owned, or controlled by a board of directors, the annual report shall state that it was approved by the board of directors and set forth the date of such approval, and shall be attested to under penalty of perjury by an authorized representative of the covered hospital or medical entity board of directors.\n(f) (1) Any scheme or artifice that has the purpose of avoiding the reporting requirements established by this section shall constitute a violation of this section.\n(2) Payments, compensation, or remuneration by a separate entity that is purported not to be for work performed or services provided at or for a covered hospital or medical entity, but that is disproportionate to its purported purpose so as to evade the annual hospital executive compensation reporting requirements specified in this section, shall constitute a violation of this section.\n(g) The office shall establish and assess reasonable fees, to be submitted with each annual report, to cover only the reasonable costs of implementing and ensuring compliance with this section and each activity authorized or required by this section.\nSEC. 4.\nNo reimbursement is required by this act pursuant to Section 6 of Article XIII\u2009B 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\u2009B of the California Constitution.","title":""}
{"_id":"c97","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 11545 of the Government Code is amended to read:\n11545.\n(a) (1) There is in state government the Department of Technology within the Government Operations Agency. The Director of Technology shall be appointed by, and serve at the pleasure of, the Governor, subject to Senate confirmation. The Director of Technology shall supervise the Department of Technology and report directly to the Governor on issues relating to information technology.\n(2) Unless the context clearly requires otherwise, whenever the term \u201coffice of the State Chief Information Officer\u201d or \u201cCalifornia Technology Agency\u201d appears in any statute, regulation, or contract, or any other code, it shall be construed to refer to the Department of Technology, and whenever the term \u201cState Chief Information Officer\u201d or \u201cSecretary of California Technology\u201d appears in any statute, regulation, or contract, or any other code, it shall be construed to refer to the Director of Technology.\n(3) The Director of Technology shall be the State Chief Information Officer.\n(b) The duties of the Director of Technology shall include, but are not limited to, all of the following:\n(1) Advising the Governor on the strategic management and direction of the state\u2019s information technology resources.\n(2) Establishing and enforcing state information technology strategic plans, policies, standards, and enterprise architecture. This shall include the periodic review and maintenance of the information technology sections of the State Administrative Manual, except for sections on information technology procurement procedures, and information technology fiscal policy. The Director of Technology shall consult with the Director of General Services, the Director of Finance, and other relevant agencies concerning policies and standards these agencies are responsible to issue as they relate to information technology.\n(3) Minimizing overlap, redundancy, and cost in state operations by promoting the efficient and effective use of information technology.\n(4) Providing technology direction to agency and department chief information officers to ensure the integration of statewide technology initiatives, compliance with information technology policies and standards, and the promotion of the alignment and effective management of information technology services. Nothing in this paragraph shall be deemed to limit the authority of a constitutional officer, cabinet agency secretary, or department director to establish programmatic priorities and business direction to the respective agency or department chief information officer.\n(5) Working to improve organizational maturity and capacity in the effective management of information technology.\n(6) Establishing performance management and improvement processes to ensure state information technology systems and services are efficient and effective.\n(7) Approving, suspending, terminating, and reinstating information technology projects.\n(8) Performing enterprise information technology functions and services, including, but not limited to, implementing Geographic Information Systems (GIS), shared services, applications, and program and project management activities in partnership with the owning agency or department.\n(9) Developing and tailoring baseline security controls for the state based on\nemerging industry standards and\nbaseline security controls published by the National Institute of Standards and Technology (NIST). The Director of Technology shall review and revise the state baseline security controls whenever the NIST updates its baseline security controls\nor advancing industry standards warrant\nbut, in no event, less frequently than once every\nthree years.\nyear.\nState agencies shall comply with the state baseline security controls and shall not tailor their individual baseline security controls to fall below the state baseline security controls.\n(c) The Director of Technology shall produce an annual information technology strategic plan that shall guide the acquisition, management, and use of information technology. State agencies shall cooperate with the department in the development of this plan, as required by the Director of Technology.\n(1) Upon establishment of the information technology strategic plan, the Director of Technology shall take all appropriate and necessary steps to implement the plan, subject to any modifications and adjustments deemed necessary and reasonable.\n(2) The information technology strategic plan shall be submitted to the Joint Legislative Budget Committee by January 15 of every year.\n(d) The Director of Technology shall produce an annual information technology performance report that shall assess and measure the state\u2019s progress toward enhancing information technology human capital management; reducing and avoiding costs and risks associated with the acquisition, development, implementation, management, and operation of information technology assets, infrastructure, and systems; improving energy efficiency in the use of information technology assets; enhancing the security, reliability, and quality of information technology networks, services, and systems; developing, tailoring, and complying with state baseline security controls; and improving the information technology procurement process. The department shall establish those policies and procedures required to improve the performance of the state\u2019s information technology program.\n(1) The department shall submit an information technology performance management framework to the Joint Legislative Budget Committee by May 15, 2009, accompanied by the most current baseline data for each performance measure or metric contained in the framework. The information technology performance management framework shall include the performance measures and targets that the department will utilize to assess the performance of, and measure the costs and risks avoided by, the state\u2019s information technology program. The department shall provide notice to the Joint Legislative Budget Committee within 30 days of making changes to the framework. This notice shall include the rationale for changes in specific measures or metrics.\n(2) State agencies shall take all necessary steps to achieve the targets set forth by the department and shall report their progress to the department on a quarterly basis.\n(3) Notwithstanding Section 10231.5, the information technology performance report shall be submitted to the Joint Legislative Budget Committee by January 15 of every year. To enhance transparency, the department shall post performance targets and progress toward these targets on its public Internet Web site.\n(4) The department shall at least annually report to the Director of Finance cost savings and avoidances achieved through improvements to the way the state acquires, develops, implements, manages, and operates state technology assets, infrastructure, and systems. This report shall be submitted in a timeframe determined by the Department of Finance and shall identify the actual savings achieved by each office, department, and agency. Notwithstanding Section 10231.5, the department shall also, within 30 days, submit a copy of that 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.\n(e) If the Governor\u2019s Reorganization Plan No. 2 of 2012 becomes effective, this section shall prevail over Section 186 of the Governor\u2019s Reorganization Plan No. 2 of 2012, regardless of the dates on which this section and that plan take effect, and this section shall become operative on July 1, 2013.","title":""}
{"_id":"c401","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 8482.3 of the Education Code is amended to read:\n8482.3.\n(a) The After School Education and Safety Program shall be established to serve pupils in kindergarten and grades 1 to 9, inclusive, at participating public elementary, middle, junior high, and charter schools. The specific grades to be served by a program at participating schools may be determined in accordance with local needs.\n(b) A program may operate a before school component of a program, an after school component, or both the before and after school components of a program, on one or multiple schoolsites. If a program operates at multiple schoolsites, only one application shall be required for its establishment.\n(c) (1) Each component of a program established pursuant to this article shall consist of the following two elements:\n(A) An educational and literacy element in which tutoring or homework assistance is provided in one or more of the following areas: language arts, mathematics, history and social science, computer training, or science.\n(B) An educational enrichment element that may include, but need not be limited to, fine arts, career technical education, recreation, physical fitness, and prevention activities.\n(2) Notwithstanding any other provision of this article, the majority of the time spent by a pupil who is in kindergarten or any of grades 1 to 9, inclusive, and who is participating in a career technical education element of a program established pursuant to this article shall be at a site that complies with Section 8484.6.\n(d) (1) Applicants shall agree that snacks made available through a program shall conform to the nutrition standards in Article 2.5 (commencing with Section 49430) of Chapter 9 of Part 27 of Division 4 of Title 2.\n(2) Applicants shall agree that meals made available through a program shall conform to the nutrition standards of the United States Department of Agriculture\u2019s at-risk afterschool meal component of the Child and Adult Care Food Program (42 U.S.C. Sec. 1766).\n(e) Applicants for programs established pursuant to this article may include any of the following:\n(1) A local educational agency, including, but not limited to, a charter school, the California School for the Deaf (northern California), the California School for the Deaf (southern California), and the California School for the Blind.\n(2) A city, county, or nonprofit organization in partnership with, and with the approval of, a local educational agency or agencies.\n(f) Applicants for grants pursuant to this article shall ensure that each of the following requirements is fulfilled, if applicable:\n(1) The application documents the commitments of each partner to operate a program on that site or sites.\n(2) The application has been approved by the school district, or the charter school governing body, and the principal of each participating school for each schoolsite or other site.\n(3) Each partner in the application agrees to share responsibility for the quality of the program.\n(4) The application designates the public agency or local educational agency partner to act as the fiscal agent. For purposes of this section, \u201cpublic agency\u201d means only a county board of supervisors or if the city is incorporated or has a charter, a city council.\n(5) Applicants agree to follow all fiscal reporting and auditing standards required by the department.\n(6) Applicants agree to incorporate into the program both of the elements required pursuant to subdivision (c).\n(7) Applicants agree to provide information to the department for the purpose of program evaluation pursuant to Section 8483.55.\n(8) Applicants shall certify that program evaluations will be based upon Section 8484 and upon any requirements recommended by the Advisory Committee on Before and After School Programs and adopted by the state board, in compliance with subdivision (g) of Section 8482.4.\n(9) The application states the targeted number of pupils to be served by the program.\n(10) Applicants agree to provide the following information on participating pupils to the department:\n(A) Schoolday attendance rates.\n(B) Program attendance.\n(g) (1) Grantees shall review their after school program plans every three years, including, but not limited to, all of the following:\n(A) Program goals. A grantee may specify any new program goals that will apply to the following three years during the grant renewal process.\n(B) Program content, including the elements identified in subdivision (c).\n(C) Outcome measures selected from those identified in subdivision (a) of Section 8484 that the grantee will use for the next three years.\n(D) Any other information requested by the department.\n(E) If the program goals or outcome measures change as a result of this review, the grantee shall notify the department in a manner prescribed by the department.\n(F) The grantee shall maintain documentation of the after school program plan for a minimum of five years.\n(2) The department shall monitor this review as part of its onsite monitoring process.\nSEC. 2.\nSection 8482.8 of the Education Code is amended to read:\n8482.8.\n(a) If there is a significant barrier to pupil participation in a program established pursuant to this article at the school of attendance for either the before school or the after school component, an applicant may request approval from the Superintendent, before or during the grant application process, to provide services at another schoolsite for that component. An applicant that requests approval shall describe the manner in which the applicant intends to provide safe, supervised transportation between schoolsites; ensure communication among teachers in the regular school program, staff in the before school and after school components of the program, and parents of pupils; and coordinate the educational and literacy component of the before and after school components of the program with the regular school programs of participating pupils.\n(b) For purposes of this article, a significant barrier to pupil participation in the before school or the after school component of a program established pursuant to this chapter means either of the following:\n(1) Fewer than 20 pupils participating in the component of the program.\n(2) Extreme transportation constraints, including, but not limited to, desegregation bussing, bussing for magnet or open enrollment schools, or pupil dependence on public transportation.\n(c) In addition to the authority to transfer funds among school programs pursuant to Sections 8483.7 and 8483.75, and in addition to the flexibility provided by subdivisions (a) and (b), a program grantee that is temporarily prevented from operating a program established pursuant to this article at the program site due to natural disaster, civil unrest, or imminent danger to pupils or staff may shift program funds to the sites of other programs established pursuant to this article to meet attendance targets during that time period.\n(d) If a program grantee is temporarily prevented from operating its entire program due to natural disaster, civil unrest, or imminent danger to pupils or staff, the department may recommend, and the state board may approve, a request by the grantee for payment equal to the amount of funding the grantee would have received if it had been able to operate its entire program during that time period.\n(e) Upon the request of a program grantee, the state board may approve other unforeseen events as qualifying a program grantee to use the authority provided by subdivisions (c) and (d).\n(f) (1) The Legislature finds and declares that the cost of operating a program is exceeding the grant amount provided under this article.\n(2) Commencing January 1, 2016, a program established pursuant to this article may suspend its operation for no more than five schooldays in a fiscal year.\nIf the suspension results in a grant adjustment\nA grant shall not be adjusted\npursuant to clause (ii) or (iii) of subparagraph (A) of paragraph (1) of subdivision (a) of Section\n8483.7, the department may approve a request from the program grantee for an exemption from the adjustment.\n8483.7 as a result of a program suspending its operation pursuant to this paragraph.\nCost savings that result from a suspension of a program in accordance with this subdivision shall be used solely by the entity that is providing direct services to pupils.\n(3) This subdivision shall remain in effect only until July 1, 2017, unless a later enacted statute, that is enacted before July 1, 2017, deletes or extends that date.\nSEC. 3.\nSection 8483 of the Education Code is amended to read:\n8483.\n(a) (1) Every after school component of a program established pursuant to this article shall commence immediately upon the conclusion of the regular schoolday, and operate a minimum of 15 hours per week, and at least until 6 p.m. on every regular schoolday. Every after school component of the program shall establish a policy regarding reasonable early daily release of pupils from the program. For those programs or schoolsites operating in a community where the early release policy does not meet the unique needs of that community or school, or both, documented evidence may be submitted to the department for an exception and a request for approval of an alternative plan.\n(2) It is the intent of the Legislature that each attending pupil participate in the full day of the program for each day in which the pupil attends the program.\n(3) In order to develop an age-appropriate after school program for pupils in middle school or junior high school, programs established pursuant to this article may implement a flexible attendance schedule for those pupils. Priority for enrollment of pupils in middle school or junior high school shall be given to pupils who attend daily.\n(b) The administrators of a program established pursuant to this article have the option of operating during any combination of summer, intersession, or vacation periods for a minimum of three hours per day for the regular school year pursuant to Section 8483.7.\nSEC. 4.\nSection 8483.1 of the Education Code is amended to read:\n8483.1.\n(a) (1) Every before school program component established pursuant to this article shall in no instance operate for less than one and one-half hours per regular schoolday. Every program shall establish a policy regarding reasonable late daily arrival of pupils to the program.\n(2) (A) It is the intent of the Legislature that each attending pupil participate in the full day of the program for each day in which the pupil attends the program, except when arriving late in accordance with the late arrival policy described in paragraph (1) or as reasonably necessary.\n(B) A pupil who attends less than one-half of the daily program hours shall not be counted for the purposes of attendance.\n(3) In order to develop an age-appropriate before school program for pupils in middle school or junior high school, programs established pursuant to this article may implement a flexible attendance schedule for those pupils. Priority for enrollment of pupils in middle school or junior high school shall be given to pupils who attend daily.\n(b) The administrators of a before school program established pursuant to this article shall have the option of operating during any combination of summer, intersession, or vacation periods for a minimum of two hours per day for the regular school year pursuant to Section 8483.75.\n(c) Every before school program component established pursuant to this article shall offer a breakfast meal as described by Section 49553 for all program participants.\nSEC. 5.\nThe Legislature finds and declares that this act furthers the purposes of the After School Education and Safety Program Act of 2002.","title":""}
{"_id":"c86","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 11165 of the Health and Safety Code is amended to read:\n11165.\n(a) To assist health care practitioners in their efforts to ensure appropriate prescribing, ordering, administering, furnishing, and dispensing of controlled substances, law enforcement and regulatory agencies in their efforts to control the diversion and resultant abuse of Schedule II, Schedule III, and Schedule IV controlled substances, and for statistical analysis, education, and research, the Department of Justice shall, contingent upon the availability of adequate funds in the CURES Fund, maintain the Controlled Substance Utilization Review and Evaluation System (CURES) for the electronic monitoring of, and Internet access to information regarding, the prescribing and dispensing of Schedule II, Schedule III, and Schedule IV controlled substances by all practitioners authorized to prescribe, order, administer, furnish, or dispense these controlled substances.\n(b) The Department of Justice may seek and use grant funds to pay the costs incurred by the operation and maintenance of CURES. The department shall annually report to the Legislature and make available to the public the amount and source of funds it receives for support of CURES.\n(c) (1) The operation of CURES shall comply with all applicable federal and state privacy and security laws and regulations.\n(2) (A) CURES shall operate under existing provisions of law to safeguard the privacy and confidentiality of patients. Data obtained from CURES shall only be provided to appropriate state, local, and federal public agencies for disciplinary, civil, or criminal purposes and to other agencies or entities, as determined by the Department of Justice, for the purpose of educating practitioners and others in lieu of disciplinary, civil, or criminal actions. Data may be provided to public or private entities, as approved by the Department of Justice, for educational, peer review, statistical, or research purposes, provided that patient information, including any information that may identify the patient, is not compromised. Further, data disclosed to any individual or agency as described in this subdivision shall not be disclosed, sold, or transferred to any third party, unless authorized by, or pursuant to, state and federal privacy and security laws and regulations. The Department of Justice shall establish policies, procedures, and regulations regarding the use, access, evaluation, management, implementation, operation, storage, disclosure, and security of the information within CURES, consistent with this subdivision.\n(B) Notwithstanding subparagraph (A), a regulatory board whose licensees do not prescribe, order, administer, furnish, or dispense controlled substances shall not be provided data obtained from CURES.\n(3) In accordance with federal and state privacy laws and regulations, a health care practitioner may provide a patient with a copy of the patient\u2019s CURES patient activity report as long as no additional CURES data is provided and keep a copy of the report in the patient\u2019s medical record in compliance with subdivision (d) of Section 11165.1.\n(d) For each prescription for a Schedule II, Schedule III, or Schedule IV controlled substance, as defined in the controlled substances schedules in federal law and regulations, specifically Sections 1308.12, 1308.13, and 1308.14, respectively, of Title 21 of the Code of Federal Regulations, the dispensing pharmacy, clinic, or other dispenser shall report the following information to the Department of Justice as soon as reasonably possible, but not more than seven days after the date a controlled substance is dispensed, in a format specified by the Department of Justice:\n(1) Full name, address, and, if available, telephone number of the ultimate user or research subject, or contact information as determined by the Secretary of the United States Department of Health and Human Services, and the gender, and date of birth of the ultimate user.\n(2) The prescriber\u2019s category of licensure, license number, national provider identifier (NPI) number, if applicable, the federal controlled substance registration number, and the state medical license number of any prescriber using the federal controlled substance registration number of a government-exempt facility.\n(3) Pharmacy prescription number, license number, NPI number, and federal controlled substance registration number.\n(4) National Drug Code (NDC) number of the controlled substance dispensed.\n(5) Quantity of the controlled substance dispensed.\n(6) International Statistical Classification of Diseases, 9th revision (ICD-9) or 10th revision (ICD-10) Code, if available.\n(7) Number of refills ordered.\n(8) Whether the drug was dispensed as a refill of a prescription or as a first-time request.\n(9) Date of origin of the prescription.\n(10) Date of dispensing of the prescription.\n(e) The Department of Justice may invite stakeholders to assist, advise, and make recommendations on the establishment of rules and regulations necessary to ensure the proper administration and enforcement of the CURES database. All prescriber and dispenser invitees shall be licensed by one of the boards or committees identified in subdivision (d) of Section 208 of the Business and Professions Code, in active practice in California, and a regular user of CURES.\n(f) The Department of Justice shall, prior to upgrading CURES, consult with prescribers licensed by one of the boards or committees identified in subdivision (d) of Section 208 of the Business and Professions Code, one or more of the boards or committees identified in subdivision (d) of Section 208 of the Business and Professions Code, and any other stakeholder identified by the department, for the purpose of identifying desirable capabilities and upgrades to the CURES Prescription Drug Monitoring Program (PDMP).\n(g) The Department of Justice may establish a process to educate authorized subscribers of the CURES PDMP on how to access and use the CURES PDMP.\nSEC. 2.\nSection 11165.1 of the Health and Safety Code is amended to read:\n11165.1.\n(a) (1) (A) (i) A health care practitioner authorized to prescribe, order, administer, furnish, or dispense Schedule II, Schedule III, or Schedule IV controlled substances pursuant to Section 11150 shall, before July 1, 2016, or upon receipt of a federal Drug Enforcement Administration (DEA) registration, whichever occurs later, submit an application developed by the Department of Justice to obtain approval to access information online regarding the controlled substance history of a patient that is stored on the Internet and maintained within the Department of Justice, and, upon approval, the department shall release to that practitioner the electronic history of controlled substances dispensed to an individual under his or her care based on data contained in the CURES Prescription Drug Monitoring Program (PDMP).\n(ii) A pharmacist shall, before July 1, 2016, or upon licensure, whichever occurs later, submit an application developed by the Department of Justice to obtain approval to access information online regarding the controlled substance history of a patient that is stored on the Internet and maintained within the Department of Justice, and, upon approval, the department shall release to that pharmacist the electronic history of controlled substances dispensed to an individual under his or her care based on data contained in the CURES PDMP.\n(B) An application may be denied, or a subscriber may be suspended, for reasons which include, but are not limited to, the following:\n(i) Materially falsifying an application for a subscriber.\n(ii) Failure to maintain effective controls for access to the patient activity report.\n(iii) Suspended or revoked federal DEA registration.\n(iv) Any subscriber who is arrested for a violation of law governing controlled substances or any other law for which the possession or use of a controlled substance is an element of the crime.\n(v) Any subscriber accessing information for any other reason than caring for his or her patients.\n(C) Any authorized subscriber shall notify the Department of Justice within 30 days of any changes to the subscriber account.\n(2) A health care practitioner authorized to prescribe, order, administer, furnish, or dispense Schedule II, Schedule III, or Schedule IV controlled substances pursuant to Section 11150 or a pharmacist shall be deemed to have complied with paragraph (1) if the licensed health care practitioner or pharmacist has been approved to access the CURES database through the process developed pursuant to subdivision (a) of Section 209 of the Business and Professions Code.\n(b) Any request for, or release of, a controlled substance history pursuant to this section shall be made in accordance with guidelines developed by the Department of Justice.\n(c) In order to prevent the inappropriate, improper, or illegal use of Schedule II, Schedule III, or Schedule IV controlled substances, the Department of Justice may initiate the referral of the history of controlled substances dispensed to an individual based on data contained in CURES to licensed health care practitioners, pharmacists, or both, providing care or services to the individual.\n(d) The history of controlled substances dispensed to an individual based on data contained in CURES that is received by a practitioner or pharmacist from the Department of Justice pursuant to this section is medical information subject to the provisions of the Confidentiality of Medical Information Act contained in Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code.\n(e) Information concerning a patient\u2019s controlled substance history provided to a prescriber or pharmacist pursuant to this section shall include prescriptions for controlled substances listed in Sections 1308.12, 1308.13, and 1308.14 of Title 21 of the Code of Federal Regulations.\n(f) A health care practitioner, pharmacist, and any person acting on behalf of a health care practitioner or pharmacist, when acting with reasonable care and in good faith, is not subject to civil or administrative liability arising from any false, incomplete, inaccurate, or misattributed information submitted to, reported by, or relied upon in the CURES database or for any resulting failure of the CURES database to accurately or timely report that information.\nSEC. 3.\nSection 11165.4 is added to the Health and Safety Code, to read:\n11165.4.\n(a) (1) (A) (i) A health care practitioner authorized to prescribe, order, administer, or furnish a controlled substance shall consult the CURES database to review a patient\u2019s controlled substance history before prescribing a Schedule II, Schedule III, or Schedule IV controlled substance to the patient for the first time and at least once every four months thereafter if the substance remains part of the treatment of the patient.\n(ii) If a health care practitioner authorized to prescribe, order, administer, or furnish a controlled substance is not required, pursuant to an exemption described in subdivision (c), to consult the CURES database the first time he or she prescribes, orders, administers, or furnishes a controlled substance to a patient, he or she shall consult the CURES database to review the patient\u2019s controlled substance history before subsequently prescribing a Schedule II, Schedule III, or Schedule IV controlled substance to the patient and at least once every four months thereafter if the substance remains part of the treatment of the patient.\n(B) For purposes of this paragraph, \u201cfirst time\u201d means the initial occurrence in which a health care practitioner, in his or her role as a health care practitioner, intends to prescribe, order, administer, or furnish a Schedule II, Schedule III, or Schedule IV controlled substance to a patient and has not previously prescribed a controlled substance to the patient.\n(2) A health care practitioner shall obtain a patient\u2019s controlled substance history from the CURES database no earlier than 24 hours, or the previous business day, before he or she prescribes, orders, administers, or furnishes a Schedule II, Schedule III, or Schedule IV controlled substance to the patient.\n(b) The duty to consult the CURES database, as described in subdivision (a), does not apply to veterinarians or pharmacists.\n(c) The duty to consult the CURES database, as described in subdivision (a), does not apply to a health care practitioner in any of the following circumstances:\n(1) If a health care practitioner prescribes, orders, or furnishes a controlled substance to be administered to a patient while the patient is admitted to any of the following facilities or during an emergency transfer between any of the following facilities for use while on facility premises:\n(A) A licensed clinic, as described in Chapter 1 (commencing with Section 1200) of Division 2.\n(B) An outpatient setting, as described in Chapter 1.3 (commencing with Section 1248) of Division 2.\n(C) A health facility, as described in Chapter 2 (commencing with Section 1250) of Division 2.\n(D) A county medical facility, as described in Chapter 2.5 (commencing with Section 1440) of Division 2.\n(2) If a health care practitioner prescribes, orders, administers, or furnishes a controlled substance in the emergency department of a general acute care hospital and the quantity of the controlled substance does not exceed a nonrefillable seven-day supply of the controlled substance to be used in accordance with the directions for use.\n(3) If a health care practitioner prescribes, orders, administers, or furnishes a controlled substance to a patient as part of the patient\u2019s treatment for a surgical procedure and the quantity of the controlled substance does not exceed a nonrefillable five-day supply of the controlled substance to be used in accordance with the directions for use, in any of the following facilities:\n(A) A licensed clinic, as described in Chapter 1 (commencing with Section 1200) of Division 2.\n(B) An outpatient setting, as described in Chapter 1.3 (commencing with Section 1248) of Division 2.\n(C) A health facility, as described in Chapter 2 (commencing with Section 1250) of Division 2.\n(D) A county medical facility, as described in Chapter 2.5 (commencing with Section 1440) of Division 2.\n(E) A place of practice, as defined in Section 1658 of the Business and Professions Code.\n(4) If a health care practitioner prescribes, orders, administers, or furnishes a controlled substance to a patient currently receiving hospice care, as defined in Section 1339.40.\n(5) (A) If all of the following circumstances are satisfied:\n(i) It is not reasonably possible for a health care practitioner to access the information in the CURES database in a timely manner.\n(ii) Another health care practitioner or designee authorized to access the CURES database is not reasonably available.\n(iii) The quantity of controlled substance prescribed, ordered, administered, or furnished does not exceed a nonrefillable five-day supply of the controlled substance to be used in accordance with the directions for use and no refill of the controlled substance is allowed.\n(B) A health care practitioner who does not consult the CURES database under subparagraph (A) shall document the reason he or she did not consult the database in the patient\u2019s medical record.\n(6) If the CURES database is not operational, as determined by the department, or when it cannot be accessed by a health care practitioner because of a temporary technological or electrical failure. A health care practitioner shall, without undue delay, seek to correct any cause of the temporary technological or electrical failure that is reasonably within his or her control.\n(7) If the CURES database cannot be accessed because of technological limitations that are not reasonably within the control of a health care practitioner.\n(8) If consultation of the CURES database would, as determined by the health care practitioner, result in a patient\u2019s inability to obtain a prescription in a timely manner and thereby adversely impact the patient\u2019s medical condition, provided that the quantity of the controlled substance does not exceed a nonrefillable five-day supply if the controlled substance were used in accordance with the directions for use.\n(d) (1) A health care practitioner who fails to consult the CURES database, as described in subdivision (a), shall be referred to the appropriate state professional licensing board solely for administrative sanctions, as deemed appropriate by that board.\n(2) This section does not create a private cause of action against a health care practitioner. This section does not limit a health care practitioner\u2019s liability for the negligent failure to diagnose or treat a patient.\n(e) This section is not operative until six months after the Department of Justice certifies that the CURES database is ready for statewide use and that the department has adequate staff, which, at a minimum, shall be consistent with the appropriation authorized in Schedule (6) of Item 0820-001-0001 of the Budget Act of 2016 (Chapter 23 of the Statutes of 2016), user support, and education. The department shall notify the Secretary of State and the office of the Legislative Counsel of the date of that certification.\n(f) All applicable state and federal privacy laws govern the duties required by this section.\n(g) 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.","title":""}
{"_id":"c169","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 1635.1 of the Health and Safety Code is amended to read:\n1635.1.\n(a) Except as provided in subdivision (b), every tissue bank operating in California on or after July 1, 1992, shall have a current and valid tissue bank license issued or renewed by the department pursuant to Section 1639.2 or 1639.3.\n(b) This chapter does not apply to any of the following:\n(1) The collection, processing, storage, or distribution of human whole blood or its derivatives by blood banks licensed pursuant to Chapter 4 (commencing with Section 1600) or any person exempt from licensure under that chapter.\n(2) The collection, processing, storage, or distribution of tissue for autopsy, biopsy, training, education, or for other medical or scientific research or investigation, when transplantation of the tissue is not intended or reasonably foreseeable.\n(3) The collection of tissue by an individual physician and surgeon from his or her patient or the implantation of tissue by an individual physician and surgeon into his or her patient. This exemption shall not be interpreted to apply to any processing or storage of the tissue, except for the processing and storage of semen by an individual physician and surgeon when the semen was collected by that physician and surgeon from a semen donor or obtained by that physician and surgeon from a tissue bank licensed under this chapter.\n(4) The collection, processing, storage, or distribution of fetal tissue or tissue derived from a human embryo or fetus.\n(5) The collection, processing, storage, or distribution by an organ procurement organization (OPO), as defined in Section 486.302 of Title 42 of the Code of Federal Regulations, if the OPO, at the time of collection, processing, storage, and distribution of the tissue, has been designated by the Secretary of Health and Human Services as an OPO and meets the requirements of Sections 486.304 and 486.306 of Title 42 of the Code of Federal Regulations, as applicable.\n(6) The storage of prepackaged, freeze-dried bone by a general acute care hospital.\n(7) The storage of freeze-dried bone and dermis by any licensed dentist practicing in a lawful practice setting, if the freeze-dried bone and dermis have been obtained from a licensed tissue bank, are stored in strict accordance with a kit\u2019s package insert and any other manufacturer instructions and guidelines, and are used for the express purpose of implantation into a patient.\n(8) The storage of a human cell, tissue, or cellular- or tissue-based product (HCT\/P), as defined by the federal Food and Drug Administration (FDA), that is either a medical device approved pursuant to Section 510 or 515 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 360 et seq.) or that is a biologic product approved under Section 351 of the federal Public Health Service Act (42 U.S.C. Sec. 262) by a licensed physician or podiatrist acting within the scope and authority of his or her license and practicing in a lawful practice setting. The medical device or biologic product must have been obtained from a California-licensed tissue bank, been stored in strict accordance with the device\u2019s or product\u2019s package insert and any other manufacturer instructions, and used solely for the express purpose of direct implantation into or application on the practitioner\u2019s own patient. In order to be eligible for the exemption in this paragraph, the entity or organization where the physician or podiatrist who is eligible for the exemption is practicing shall notify the department, in writing, that the practitioner is licensed and meets the requirements of this paragraph. The notification shall include all of the following:\n(A) A list of all practitioners to whom the notice applies.\n(B) Acknowledgment that each listed practitioner uses the medical device or biologic product in the scope and authority of his or her license and practice for the purposes of direct patient care as described in this paragraph.\n(C) A statement that each listed practitioner agrees to strictly abide by the directions for storage in the device\u2019s or product\u2019s package insert and any other manufacturer instructions and guidelines.\n(D) Acknowledgment by each practitioner that the medical device or biologic product shall not be resold or distributed.\n(9) The collection, processing, storage, or distribution of any organ, as defined in paragraph (2) of subdivision (c) of Section 1635, within a single general acute care hospital, as defined in subdivision (a) of Section 1250, operating a Medicare-approved transplant program.\n(10) The storage of allograft tissue by a person if all of the following apply:\n(A) The person, as defined in Section 1635, is a hospital, or an outpatient setting regulated by the Medical Board of California pursuant to Chapter 1.3 (commencing with Section 1248), including an ambulatory surgical center.\n(B) The person maintains a log that includes the date on which the allograft tissue was received, the expiration date of the allograft tissue, the date on which each allograft tissue is used for clinical purposes, and the disposition of any allograft tissue samples that remain unused at the time the allograft tissue expires.\n(C) The allograft tissue meets all of the following:\n(i) The allograft tissue was obtained from a tissue bank licensed by the state.\n(ii) Each allograft tissue is individually boxed and labeled with a unique identification number and expiration date so that opening the shipping container will not disturb or otherwise alter any of the allograft tissue that is not being utilized.\n(iii) The allograft tissue is intended for the express purpose of implantation into or application on a patient.\n(iv) The allograft tissue is not intended for further distribution.\n(v) The allograft tissue is registered with the FDA and designated to be maintained at ambient room temperature requiring no refrigeration.","title":""}
{"_id":"c489","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nThis act shall be known and may be cited as the Mental Health Justice Act.\nSEC. 2.\nThe Legislature finds and declares the following:\n(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.\n(b) Ten times as many people with mental illness are in prisons and jails today than are in mental health treatment facilities.\n(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.\n(d) Despite overall decreasing prison populations, California\u2019s 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.\n(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.\n(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.\n(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.\n(h) Mental health court participants have a significantly lower (47 percent) recidivism rate compared to similar defendants in traditional court.\n(i) Mental health courts allow for the consideration of a defendant\u2019s mental health status during court proceedings and have shown to save $7 in costs for every $1 spent.\n(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.\n(k) A defendant\u2019s mental illness should inform case processing and the nature of any criminal charges, in alignment with public safety and a defendant\u2019s constitutional rights.\n(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.\nSEC. 2.\nSEC. 3.\nChapter 16 (commencing with Section 1425) is added to Title 10 of Part 2 of the Penal Code, to read:\nCHAPTER  16. Mental Health Treatment\n1425.\n(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\u2019s criminal conduct. The evidence shall be filed after the defendant\u2019s plea or conviction, but before his or her sentencing.\n(b)If evidence is submitted pursuant to subdivision (a), the court shall consider that evidence in conjunction with the defendant\u2019s sentencing.\n(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:\n(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.\n(B)This paragraph does not apply to a defendant subject to Section 1170.12.\n(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\u2019s mental health staff or county mental health staff, within 30 days, of the defendant\u2019s placement in the state prison or county jail.\n(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\u2019s 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.\n(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\u2019s sentence.\n(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.\n(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.\n(e)The defendant shall have the right to counsel for all proceedings under this section.\n1425.\n(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\u2019s plea or conviction, but before his or her sentencing.\n(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).\n(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\u2019s sentence include one or more of the following:\n(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.\n(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.\n(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\u2019s mental health staff or county mental health staff, within 30 days of the defendant\u2019s sentencing.\n(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\u2019s 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.\n(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.\n(e) The defendant shall have the right to counsel for all proceedings under this section.\nSEC. 3.\nSEC. 4.\nIf 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.","title":""}
{"_id":"c365","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 638.50 is added to the Penal Code, to read:\n638.50.\nFor purposes of this chapter, the following terms have the following meanings:\n(a) \u201cWire communication\u201d and \u201celectronic communication\u201d have the meanings set forth in subdivision (a) of Section 629.51.\n(b) \u201cPen register\u201d means a device or process that records or decodes dialing, routing, addressing, or signaling information transmitted by an instrument or facility from which a wire or electronic communication is transmitted, but not the contents of a communication. \u201cPen register\u201d does not include a device or process used by a provider or customer of a wire or electronic communication service for billing, or recording as an incident to billing, for communications services provided by such provider, or a device or process used by a provider or customer of a wire communication service for cost accounting or other similar purposes in the ordinary course of its business.\n(c) \u201cTrap and trace device\u201d means a device or process that captures the incoming electronic or other impulses that identify the originating number or other dialing, routing, addressing, or signaling information reasonably likely to identify the source of a wire or electronic communication, but not the contents of a communication.\nSEC. 2.\nSection 638.51 is added to the Penal Code, to read:\n638.51.\n(a) Except as provided in subdivision (b), a person may not install or use a pen register or a trap and trace device without first obtaining a court order pursuant to Section 638.52 or 638.53.\n(b) A provider of electronic or wire communication service may use a pen register or a trap and trace device for any of the following purposes:\n(1) To operate, maintain, and test a wire or electronic communication service.\n(2) To protect the rights or property of the provider.\n(3) To protect users of the service from abuse of service or unlawful use of service.\n(4) To record the fact that a wire or electronic communication was initiated or completed to protect the provider, another provider furnishing service toward the completion of the wire communication, or a user of that service, from fraudulent, unlawful, or abusive use of service.\n(5) If the consent of the user of that service has been obtained.\n(c) A violation of this section is punishable by a fine not exceeding two thousand five hundred dollars ($2,500), or by imprisonment in the county jail not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170, or by both that fine and imprisonment.\n(d) A good faith reliance on an order issued pursuant to Section 638.52, or an authorization made pursuant to Section 638.53, is a complete defense to a civil or criminal action brought under this section or under this chapter.\nSEC. 3.\nSection 638.52 is added to the Penal Code, to read:\n638.52.\n(a) A peace officer may make an application to a magistrate for an order or an extension of an order authorizing or approving the installation and use of a pen register or a trap and trace device. The application shall be in writing under oath or equivalent affirmation, and shall include the identity of the peace officer making the application and the identity of the law enforcement agency conducting the investigation. The applicant shall certify that the information likely to be obtained is relevant to an ongoing criminal investigation and shall include a statement of the offense to which the information likely to be obtained by the pen register or trap and trace device relates.\n(b) The magistrate shall enter an ex parte order authorizing the installation and use of a pen register or a trap and trace device if he or she finds that the information likely to be obtained by the installation and use of a pen register or a trap and trace device is relevant to an ongoing investigation and that there is probable cause to believe that the pen register or trap and trace device will lead to any of the following:\n(1) Recovery of stolen or embezzled property.\n(2) Property or things used as the means of committing a felony.\n(3) Property or things in the possession of a person with the intent to use them as a means of committing a public offense, or in the possession of another to whom he or she may have delivered them for the purpose of concealing them or preventing them from being discovered.\n(4) Evidence that tends to show a felony has been committed, or tends to show that a particular person has committed or is committing a felony.\n(5) Evidence that tends to show that sexual exploitation of a child, in violation of Section 311.3, or possession of matter depicting sexual conduct of a person under 18 years of age, in violation of Section 311.11, has occurred or is occurring.\n(6) The location of a person who is unlawfully restrained or reasonably believed to be a witness in a criminal investigation or for whose arrest there is probable cause.\n(7) Evidence that tends to show a violation of Section 3700.5 of the Labor Code, or tends to show that a particular person has violated Section 3700.5 of the Labor Code.\n(8) Evidence that does any of the following:\n(A) Tends to show that a felony, a misdemeanor violation of the Fish and Game Code, or a misdemeanor violation of the Public Resources Code, has been committed or is being committed.\n(B) Tends to show that a particular person has committed or is committing a felony, a misdemeanor violation of the Fish and Game Code, or a misdemeanor violation of the Public Resources Code.\n(C) Will assist in locating an individual who has committed or is committing a felony, a misdemeanor violation of the Fish and Game Code, or a misdemeanor violation of the Public Resources Code.\n(c) Information acquired solely pursuant to the authority for a pen register or a trap and trace device shall not include any information that may disclose the physical location of the subscriber, except to the extent that the location may be determined from the telephone number. Upon the request of the person seeking the pen register or trap and trace device, the magistrate may seal portions of the application pursuant to People v. Hobbs (1994) 7 Cal.4th 948, and Sections 1040, 1041, and 1042 of the Evidence Code.\n(d) An order issued pursuant to subdivision (b) shall specify all of the following:\n(1) The identity, if known, of the person to whom is leased or in whose name is listed the telephone line to which the pen register or trap and trace device is to be attached.\n(2) The identity, if known, of the person who is the subject of the criminal investigation.\n(3) The number and, if known, physical location of the telephone line to which the pen register or trap and trace device is to be attached and, in the case of a trap and trace device, the geographic limits of the trap and trace order.\n(4) A statement of the offense to which the information likely to be obtained by the pen register or trap and trace device relates.\n(5) The order shall direct, if the applicant has requested, the furnishing of information, facilities, and technical assistance necessary to accomplish the installation of the pen register or trap and trace device.\n(e) An order issued under this section shall authorize the installation and use of a pen register or a trap and trace device for a period not to exceed 60 days.\n(f) Extensions of the original order may be granted upon a new application for an order under subdivisions (a) and (b) if the officer shows that there is a continued probable cause that the information or items sought under this subdivision are likely to be obtained under the extension. The period of an extension shall not exceed 60 days.\n(g) An order or extension order authorizing or approving the installation and use of a pen register or a trap and trace device shall direct that the order be sealed until otherwise ordered by the magistrate who issued the order, or a judge of the superior court, and that the person owning or leasing the line to which the pen register or trap and trace device is attached, or who has been ordered by the court to provide assistance to the applicant, not disclose the existence of the pen register or trap and trace device or the existence of the investigation to the listed subscriber or to any other person, unless or until otherwise ordered by the magistrate or a judge of the superior court, or for compliance with Sections 1054.1 and 1054.7.\n(h) Upon the presentation of an order, entered under subdivisions (b) or (f), by a peace officer authorized to install and use a pen register, a provider of wire or electronic communication service, landlord, custodian, or other person shall immediately provide the peace officer all information, facilities, and technical assistance necessary to accomplish the installation of the pen register unobtrusively and with a minimum of interference with the services provided to the party with respect to whom the installation and use is to take place, if the assistance is directed by the order.\n(i) Upon the request of a peace officer authorized to receive the results of a trap and trace device, a provider of a wire or electronic communication service, landlord, custodian, or other person shall immediately install the device on the appropriate line and provide the peace officer all information, facilities, and technical assistance, including installation and operation of the device unobtrusively and with a minimum of interference with the services provided to the party with respect to whom the installation and use is to take place, if the installation and assistance is directed by the order.\n(j) Unless otherwise ordered by the magistrate, the results of the pen register or trap and trace device shall be provided to the peace officer at reasonable intervals during regular business hours for the duration of the order.\n(k) The magistrate, before issuing the order pursuant to subdivision (b), may examine on oath the person seeking the pen register or the trap and trace device, and any witnesses the person may produce, and shall take his or her affidavit or their affidavits in writing, and cause the affidavit or affidavits to be subscribed by the parties making them.\nSEC. 4.\nSection 638.53 is added to the Penal Code, to read:\n638.53.\n(a) Except as otherwise provided in this chapter, upon an oral application by a peace officer, a magistrate may grant oral approval for the installation and use of a pen register or a trap and trace device, without an order, if he or she determines all of the following:\n(1) There are grounds upon which an order could be issued under Section 638.52.\n(2) There is probable cause to believe that an emergency situation exists with respect to the investigation of a crime.\n(3) There is probable cause to believe that a substantial danger to life or limb exists justifying the authorization for immediate installation and use of a pen register or a trap and trace device before an order authorizing the installation and use can, with due diligence, be submitted and acted upon.\n(b) (1) By midnight of the second full court day after the pen register or trap and trace device is installed, a written application pursuant to Section 638.52 shall be submitted by the peace officer who made the oral application to the magistrate who orally approved the installation and use of a pen register or trap and trace device. If an order is issued pursuant to Section 638.52, the order shall also recite the time of the oral approval under subdivision (a) and shall be retroactive to the time of the original oral approval.\n(2) In the absence of an authorizing order pursuant to paragraph (1), the use shall immediately terminate when the information sought is obtained, when the application for the order is denied, or by midnight of the second full court day after the pen register or trap and trace device is installed, whichever is earlier.\n(c) A provider of a wire or electronic communication service, landlord, custodian, or other person who provides facilities or technical assistance pursuant to this section shall be reasonably compensated by the requesting peace officer\u2019s law enforcement agency for the reasonable expenses incurred in providing the facilities and assistance.\nSEC. 5.\nNo reimbursement is required by this act pursuant to Section 6 of Article XIII\u2009B 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\u2009B of the California Constitution.","title":""}
{"_id":"c351","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 56.103 of the Civil Code is amended to read:\n56.103.\n(a) A provider of health care may disclose medical information to a county social worker, a probation officer, a foster care public health nurse acting pursuant to Section 16501.3 of the Welfare and Institutions Code, or any other person who is legally authorized to have custody or care of a minor for the purpose of coordinating health care services and medical treatment provided to the minor, including, but not limited to, the sharing of information related to screenings, assessments, and laboratory tests necessary to monitor the administration of psychotropic medications.\n(b) For purposes of this section, health care services and medical treatment includes one or more providers of health care providing, coordinating, or managing health care and related services, including, but not limited to, a provider of health care coordinating health care with a third party, consultation between providers of health care and medical treatment relating to a minor, or a provider of health care referring a minor for health care services to another provider of health care.\n(c) For purposes of this section, a county social worker, a probation officer, foster care public health nurse, or any other person who is legally authorized to have custody or care of a minor shall be considered a third party who may receive any of the following:\n(1) Medical information described in Sections 56.05 and 56.10.\n(2) Protected health information described in Section 160.103 of Title 45 of the Code of Federal Regulations.\n(d) Medical information disclosed to a county social worker, probation officer, foster care public health nurse, or any other person who is legally authorized to have custody or care of a minor shall not be further disclosed by the recipient unless the disclosure is for the purpose of coordinating health care services and medical treatment of the minor and the disclosure is authorized by law. Medical information disclosed pursuant to this section may not be admitted into evidence in any criminal or delinquency proceeding against the minor. Nothing in this subdivision shall prohibit identical evidence from being admissible in a criminal proceeding if that evidence is derived solely from lawful means other than this section and is permitted by law.\n(e) (1) Notwithstanding Section 56.104, if a provider of health care determines that the disclosure of medical information concerning the diagnosis and treatment of a mental health condition of a minor is reasonably necessary for the purpose of assisting in coordinating the treatment and care of the minor, that information may be disclosed to a county social worker, probation officer, foster care public health nurse, or any other person who is legally authorized to have custody or care of the minor. The information shall not be further disclosed by the recipient unless the disclosure is for the purpose of coordinating mental health services and treatment of the minor and the disclosure is authorized by law.\n(2) As used in this subdivision, \u201cmedical information\u201d does not include psychotherapy notes as defined in Section 164.501 of Title 45 of the Code of Federal Regulations.\n(f) The disclosure of information pursuant to this section is not intended to limit the disclosure of information when that disclosure is otherwise required by law.\n(g) For purposes of this section, \u201cminor\u201d means a minor taken into temporary custody or as to whom a petition has been filed with the court, or who has been adjudged to be a dependent child or ward of the juvenile court pursuant to Section 300 or 601 of the Welfare and Institutions Code.\n(h) (1) Except as described in paragraph (1) of subdivision (e), nothing in this section shall be construed to limit or otherwise affect existing privacy protections provided for in state or federal law.\n(2) Nothing in this section shall be construed to expand the authority of a social worker, probation officer, foster care public health nurse, or custodial caregiver beyond the authority provided under existing law to a parent or a patient representative regarding access to medical information.\nSEC. 2.\nSection 5328.04 of the Welfare and Institutions Code is amended to read:\n5328.04.\n(a) Notwithstanding Section 5328, information and records made confidential under that section may be disclosed to a county social worker, a probation officer, a foster care public health nurse acting pursuant to Section 16501.3, or any other person who is legally authorized to have custody or care of a minor, for the purpose of coordinating health care services and medical treatment, as defined in subdivision (b) of Section 56.103 of the Civil Code, mental health services, or services for developmental disabilities, for the minor.\n(b) Information disclosed under subdivision (a) shall not be further disclosed by the recipient unless the disclosure is for the purpose of coordinating health care services and medical treatment, or mental health or developmental disability services, for the minor and only to a person who would otherwise be able to obtain the information under subdivision (a) or any other law.\n(c) Information disclosed pursuant to this section shall not be admitted into evidence in any criminal or delinquency proceeding against the minor. Nothing in this subdivision shall prohibit identical evidence from being admissible in a criminal proceeding if that evidence is derived solely from lawful means other than this section and is permitted by law.\n(d) Nothing in this section shall be construed to compel a physician and surgeon, licensed psychologist, social worker with a master\u2019s degree in social work, licensed marriage and family therapist, licensed professional clinical counselor, nurse, attorney, or other professional person to reveal information, including notes, that has been given to him or her in confidence by the minor or members of the minor\u2019s family.\n(e) The disclosure of information pursuant to this section is not intended to limit disclosure of information when that disclosure is otherwise required by law.\n(f) Nothing in this section shall be construed to expand the authority of a social worker, probation officer, foster care public health nurse, or custodial caregiver beyond the authority provided under existing law to a parent or a patient representative regarding access to confidential information.\n(g) As used in this section, \u201cminor\u201d means a minor taken into temporary custody or for whom a petition has been filed with the court, or who has been adjudged a dependent child or ward of juvenile court pursuant to Section 300 or 601.\n(h) Information and records that may be disclosed pursuant to this section do not include psychotherapy notes, as defined in Section 164.501 of Title 45 of the Code of Federal Regulations.\nSEC. 3.\nSection 16501.3 of the Welfare and Institutions Code is amended to read:\n16501.3.\n(a) The State Department of Social Services shall establish and maintain a program of public health nursing in the child welfare services program that meets the federal requirements for the provision of health care to minor and nonminor dependents in foster care consistent with Section 30026.5 of the Government Code. The purpose of the public health nursing program shall be to promote and enhance the physical, mental, dental, and developmental well-being of children in the child welfare system.\n(b) Under this program, counties shall use the services of a foster care public health nurse. The foster care public health nurse shall work with the appropriate child welfare services workers to coordinate health care services and serve as a liaison with health care professionals and other providers of health-related services. This shall include coordination with county mental health plans and local health jurisdictions, as appropriate. In order to fulfill these duties, the foster care public health nurse shall have access to the child\u2019s medical, dental, and mental health care information, in a manner that is consistent with all relevant privacy requirements.\n(c) The duties of a foster care public health nurse shall include, but need not be limited to, the following:\n(1) Documenting that each child in foster care receives initial and followup health screenings that meet reasonable standards of medical practice.\n(2) Collecting health information and other relevant data on each foster child as available, receiving all collected information to determine appropriate referral and services, and expediting referrals to providers in the community for early intervention services, specialty services, dental care, mental health services, and other health-related services necessary for the child.\n(3) Participating in medical care planning and coordinating for the child. This may include, but is not limited to, assisting case workers in arranging for comprehensive health and mental health assessments, interpreting the results of health assessments or evaluations for the purpose of case planning and coordination, facilitating the acquisition of any necessary court authorizations for procedures or medications, monitoring and oversight of psychotropic medications, advocating for the health care needs of the child, and ensuring the creation of linkage among various providers of care.\n(4) Providing followup contact to assess the child\u2019s progress in meeting treatment goals.\n(5) At the request of and under the direction of a nonminor dependent, as described in subdivision (v) of Section 11400, assisting the nonminor dependent in accessing physical health and mental health care, coordinating the delivery of health and mental health care services, advocating for the health and mental health care that meets the needs of the nonminor dependent, assisting the nonminor dependent to make informed decisions about his or her health care by, at a minimum, providing educational materials, and assisting the nonminor dependent to assume responsibility for his or her ongoing physical and mental health care management.\n(d) The services provided by foster care public health nurses under this section shall be limited to those for which reimbursement may be claimed under Title XIX of the federal Social Security Act at an enhanced rate for services delivered by skilled professional medical personnel. Notwithstanding any other law, this section shall be implemented only if, and to the extent that, the department determines that federal financial participation, as provided under Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396 et seq.), is available.\n(e) (1) The State Department of Health Care Services shall seek any necessary federal approvals for child welfare agencies to appropriately claim enhanced federal Title XIX funds for services provided pursuant to this section.\n(2) Commencing in the fiscal year immediately following the fiscal year in which the necessary federal approval pursuant to paragraph (1) is secured, county child welfare agencies shall provide health care oversight and coordination services pursuant to this section, and may accomplish this through agreements with local public health agencies.\n(f) (1) Notwithstanding Section 10101, prior to the 2011\u201312 fiscal year, there shall be no required county match of the nonfederal cost of this program.\n(2) Commencing in the 2011\u201312 fiscal year, and each fiscal year thereafter, funding and expenditures for programs and activities under this section shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code.\nSEC. 3.5.\nSection 16501.3 of the Welfare and Institutions Code is amended to read:\n16501.3.\n(a) The State Department of Social Services shall establish and maintain a program of public health nursing in the child welfare services program that meets the federal requirements for the provision of health care to minor and nonminor dependents in foster care consistent with Section 30026.5 of the Government Code. The purpose of the public health nursing program shall be to promote and enhance the physical, mental, dental, and developmental well-being of children in the child welfare system.\n(b) Under this program, counties shall use the services of a foster care public health nurse. The foster care public health nurse shall work with the appropriate child welfare services workers to coordinate health care services and serve as a liaison with health care professionals and other providers of health-related services. This shall include coordination with county mental health plans and local health jurisdictions, as appropriate. In order to fulfill these duties, the foster care public health nurse shall have access to the child\u2019s medical, dental, and mental health care information, in a manner that is consistent with all relevant privacy requirements.\n(c) The duties of a foster care public health nurse shall include, but need not be limited to, the following:\n(1) Documenting that each child in foster care receives initial and followup health screenings that meet reasonable standards of medical practice.\n(2) Collecting health information and other relevant data on each foster child as available, receiving all collected information to determine appropriate referral and services, and expediting referrals to providers in the community for early intervention services, specialty services, dental care, mental health services, and other health-related services necessary for the child.\n(3) Participating in medical care planning and coordinating for the child. This may include, but is not limited to, assisting case workers in arranging for comprehensive health and mental health assessments, interpreting the results of health assessments or evaluations for the purpose of case planning and coordination, facilitating the acquisition of any necessary court authorizations for procedures or medications, monitoring and oversight of psychotropic medications, advocating for the health care needs of the child, and ensuring the creation of linkage among various providers of care.\n(4) Providing followup contact to assess the child\u2019s progress in meeting treatment goals.\n(5) At the request of and under the direction of a nonminor dependent, as described in subdivision (v) of Section 11400, assisting the nonminor dependent in accessing physical health and mental health care, coordinating the delivery of health and mental health care services, advocating for the health and mental health care that meets the needs of the nonminor dependent, assisting the nonminor dependent to make informed decisions about his or her health care by, at a minimum, providing educational materials, and assisting the nonminor dependent to assume responsibility for his or her ongoing physical and mental health care management.\n(d) The services provided by foster care public health nurses under this section shall be limited to those for which reimbursement may be claimed under Title XIX of the federal Social Security Act at an enhanced rate for services delivered by skilled professional medical personnel. Notwithstanding any other law, this section shall be implemented only if, and to the extent that, the department determines that federal financial participation, as provided under Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396 et seq.), is available.\n(e) (1) The State Department of Health Care Services shall seek any necessary federal approvals for child welfare agencies to appropriately claim enhanced federal Title XIX funds for services provided pursuant to this section.\n(2) Commencing in the fiscal year immediately following the fiscal year in which the necessary federal approval pursuant to paragraph (1) is secured, county child welfare agencies shall provide health care oversight and coordination services pursuant to this section, and may accomplish this through agreements with local public health agencies.\n(f) (1) Notwithstanding Section 10101, prior to the 2011\u201312 fiscal year, there shall be no required county match of the nonfederal cost of this program.\n(2) Commencing in the 2011\u201312 fiscal year, and each fiscal year thereafter, funding and expenditures for programs and activities under this section shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code.\n(g) Public health nurses shall receive training developed pursuant to subdivision (d) of Section 16501.4.\nSEC. 4.\nSection 3.5 of this bill incorporates amendments to Section 16501.3 of the Welfare and Institutions Code proposed by both this bill and Senate Bill 238. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 16501.3 of the Welfare and Institutions Code, and (3) this bill is enacted after Senate Bill 238, in which case Section 3 of this bill shall not become operative.\nSEC. 5.\nTo the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state nor otherwise be subject to Section 6 of Article XIII\u2009B of the California Constitution.","title":""}
{"_id":"c155","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 147.6 is added to the Labor Code, to read:\n147.6.\n(a) The board shall, by June 1, 2017, adopt a standard developed by the division that requires employers performing corrosion prevention work on industrial and infrastructure projects to use trained and certified personnel.\n(b) The standard adopted pursuant to subdivision (a) shall include all of the following:\n(1) A requirement that an employee performing corrosion prevention work be trained in accordance with the NACE 13\/ACS 1 standard for an industrial coating and lining application specialist developed by the Society for Protective Coatings (SSPC) and the National Association of Corrosion Engineers International (NACE).\n(2) A requirement that an employee who performs corrosion prevention work obtain a certification as an SSPC Level 2 Corrosion Application Specialist, or an equivalent certification.\n(3) A requirement that an employer performing corrosion prevention work use at least three trained and certified employees for every one employee who is not certified, with the uncertified employee working under supervision.\n(4) Provisions that allow corrosion prevention work to be performed by apprentices registered in an industrial apprenticeship program approved by the Division of Apprenticeship Standards pursuant to Section 3075 that provides training to meet the NACE 13\/ACS 1 standard.\n(5) Provisions that require an employer to maintain records of compliance with the standard and allow reasonable access to those records by members of the public in a manner that protects employee privacy.\n(6) An appropriate phase-in period for the certification requirement that ensures full implementation of the standard by January 1, 2020.\n(7) A definition of corrosion prevention work that includes surface preparation, including by abrasive blasting, and application of protective coatings and linings, including spray application, to steel and concrete surfaces for the purpose of corrosion prevention.\n(8) An exception from the standard for work on sheet metal and ventilation systems or on plumbing and piping systems or precast concrete work that is performed offsite when the work on those systems or precast concrete work is performed by either of the following:\n(A) Skilled journeypersons who are graduates of an apprenticeship program for the applicable occupation that was either approved by the Chief of the Division of Apprenticeship Standards pursuant to Section 3075 or located outside California and approved for federal purposes pursuant to the apprenticeship regulations adopted by the federal Secretary of Labor.\n(B) Apprentices registered in an apprenticeship program for the applicable occupation that is approved by the Chief of the Division of Apprenticeship Standards pursuant to Section 3075.\n(9) An exception from the standard if the surface to be prepared and the surface to be coated are both smaller than 100 square or 100 linear feet.\n(c) This section shall not be construed to limit the authority of the standards board to adopt additional standards to protect employees performing corrosion prevention or other industrial painting work. Nothing in this section shall be interpreted to preclude the board from adopting standards that include elements or requirements additional to, or broader in scope than, those described in this section.\nSECTION 1.\nSEC. 2.\nSection 3073.5 of the Labor Code is amended to read:\n3073.5.\nThe Chief of the Division of Apprenticeship Standards and the California Apprenticeship Council shall annually report through the Director of Industrial Relations to the Legislature and the public on the activities of the division and the council. The report shall contain information including, but not limited to, analyses of the following:\n(a) The number of individuals, including numbers of women and minorities, registered in apprenticeship programs in this state for the current year and in each of the previous five years.\n(b) The number and percentage of apprentices, including numbers and percentages of minorities and women, registered in each apprenticeship program having five or more apprentices, and the percentage of those apprentices who have completed their programs successfully in the current year and in each of the previous five years.\n(c) Remedial actions taken by the division to assist those apprenticeship programs having difficulty in achieving affirmative action goals or having very low completion rates.\n(d) The number of disputed issues with respect to individual apprenticeship agreements submitted to the Administrator of Apprenticeship for determination and the number of those issues resolved by the council on appeal.\n(e) The number of apprenticeship program applications received by the division, the number approved, the number denied and the reason for those denials, the number being reviewed, and deficiencies, if any, with respect to those program applications being reviewed.\n(f) The number of apprenticeship programs, approved by the Division of Apprenticeship Standards, that are disapproved by the California Apprenticeship Council, and the reasons for those disapprovals.\n(g) Any apprenticeship standards or regulations that were proposed or adopted in the previous year.\nSEC. 3.\nNo reimbursement is required by this act pursuant to Section 6 of Article XIII\u2009B 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\u2009B of the California Constitution.","title":""}
{"_id":"c121","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 1269 of the Unemployment Insurance Code is amended to read:\n1269.\nA determination of automatic eligibility for benefits under this article shall be issued to an unemployed individual if the director finds that any of the following applies:\n(a) The training is authorized by the federal Workforce Innovation and Opportunity Act (Public Law 113-128) or by the Employment Training Panel established pursuant to Chapter 3.5 (commencing with Section 10200) of Part 1 of Division 3.\n(b) The training is authorized by the federal Trade Act of 1974 (19 U.S.C. Sec. 2101 et seq.), as amended, pursuant to a certified petition.\n(c) The individual is a participant in the California Work Opportunity and Responsibility to Kids (CalWORKs) program pursuant to Article 3.2 (commencing with Section 11320) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code, and has entered into a contract with the county welfare department to participate in an education or training program.\n(d) (1) The individual is a participant in training with a provider that is certified and on the state\u2019s Eligible Training Provider List (ETPL), as authorized by the federal Workforce Innovation and Opportunity Act (Public Law 113-128), or the individual is a permanent or probationary public school teacher who is a participant in a credential preparation program or training program approved or accredited by the Commission on Teacher Credentialing for additional certification in math, science, or special education, for kindergarten and grades 1 to 12, inclusive, and was laid off. The credential preparation program or training program shall only be approved if a permanent or probationary public school teacher enrolls in the training within three years of being laid off from the public school employer.\n(2) The changes made to this subdivision by Chapter 278 of the Statutes of 2012, shall become operative on January 1, 2014.\n(e) The individual is a journey level member of a union or trade association, or is a participant in training sponsored by an employer, and the training or retraining course of instruction is industry-related training necessary due to changes in technology, or industry demands, or is necessary to retain employment or to become more competitive in obtaining employment, or the individual is a participant in a state or federally approved apprenticeship program.\nSEC. 2.\nSection 1271 of the Unemployment Insurance Code is amended to read:\n1271.\n(a) Any unemployed individual receiving unemployment compensation benefits payable under this division, who applies for a determination of potential eligibility for benefits under this article no later than the 16th week of his or her receiving these benefits, and is determined eligible for benefits under this article, is entitled to a training extension on his or her unemployment compensation claim, if necessary, to complete approved training.\n(b) The training extension shall provide the claimant with a maximum of 52 times the weekly benefit of the parent unemployment compensation claim, which shall be reduced by all of the following:\n(1) The maximum benefit award on the parent unemployment compensation claim.\n(2) Benefits payable during the period of approved training on any other unemployment compensation claim filed pursuant to this chapter, to the extent permitted by law.\n(3) Benefits payable during the period of approved training under any state or federal unemployment compensation law, to the extent permitted by state or federal law, including, but not limited to, all of the following:\n(A) Extended unemployment compensation benefits payable under Part 3 (commencing with Section 3501).\n(B) Federal-state extended compensation benefits payable under Part 4 (commencing with Section 4001).\n(C) Trade readjustment allowance benefits payable under the federal Trade Act of 1974 (19 U.S.C. Sec. 2101 et seq.), as amended.\n(c) The parent unemployment compensation claim shall be the unemployment compensation claim in existence at the time the claimant is determined eligible for benefits pursuant to subdivision (a).\n(d) Benefits payable under this section are subject to the following limitations:\n(1) The individual shall remain eligible for benefits under this article for all weeks potentially payable under this section.\n(2) The individual shall file any unemployment compensation claim to which he or she becomes entitled under state or federal law, and shall draw any unemployment compensation benefits on that claim until it has expired or has been exhausted, in order to maintain his or her eligibility under this article.\nSEC. 3.\nSection 1272 of the Unemployment Insurance Code is amended to read:\n1272.\nNotwithstanding subdivision (c) of Section 1253, an unemployed individual who is able to work is eligible to receive benefits under this article with respect to any week during a period of training or retraining only if the director finds both of the following:\n(a) He or she has been determined potentially eligible under Section 1269, 1269.1, or 1271.\n(b) He or she submits a certification, as prescribed by the Employment Development Department through regulations, certifying that he or she is enrolled in and satisfactorily pursuing the training or retraining course of instruction.\nSEC. 4.\nSection 2614 of the Unemployment Insurance Code is amended to read:\n2614.\nThe director shall report to the Assembly Committee on Insurance, Assembly Committee on Labor and Employment, and the Senate Committee on Labor and Industrial Relations by June 30 of each year on the department\u2019s fraud deterrence and detection activities.\nSEC. 5.\nSection 4902 of the Unemployment Insurance Code is amended to read:\n4902.\nThe report, required by Section 4901, shall be transmitted to the Legislative Analyst, the Assembly Committees on Insurance, Labor and Employment, and Budget, the Senate Committees on Industrial Relations and Budget and Fiscal Review, the Department of Finance, and the Governor, on or before February 1 of each even-numbered year. The report shall do all of the following:\n(a) Provide a strategic information technology plan that describes the long-term goals and strategies which shall be undertaken by the department to create an information technology environment that will not only support the achievement of the department\u2019s strategic business mission and goals but set the foundation for using information technology to make substantial and sustainable improvements in how it conducts business. The plan shall cover a 10-year planning horizon and include the department\u2019s information vision, its information management principles, and long-term goals and strategies for achieving its information vision.\n(b) Provide a tactical information plan of specific automation and infrastructure projects to be undertaken within three years of the date of the report. The plan shall include project description and scope, consistency with the strategic information plan, relationship to other projects, priority of development, estimated project costs and benefits, and improvements in services. For automation projects, it shall also provide reductions in personnel and operating costs, and identification of how personnel and cost savings will be used, transferred, or otherwise accounted for.\n(c) Not necessarily be in addition to or replace any reports now submitted by the director to the California Department of Technology.\nSEC. 6.\nSection 4903 of the Unemployment Insurance Code is amended to read:\n4903.\n(a) Thirty days prior to the release of the report identified in Section 4901, the director shall submit it to the California Department of Technology, which shall review and comment on it. These comments shall be attached to the report by the director and distributed with the report.\n(b) When commenting on the report, the California Department of Technology shall include, but not be limited to, an assessment of whether:\n(1) The requirements for the report have been met.\n(2) The strategic plan is consistent with the formal strategic plan submitted separately to the California Department of Technology.\n(3) The costs and benefits identified in the report are consistent with the projects previously submitted for approval or contained in the Information Management Annual Plans.","title":""}
{"_id":"c126","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 12940 of the Government Code is amended to read:\n12940.\nIt is an unlawful employment practice, unless based upon a bona fide occupational qualification, or, except where based upon applicable security regulations established by the United States or the State of California:\n(a) For an employer, because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status of any person, to refuse to hire or employ the person or to refuse to select the person for a training program leading to employment, or to bar or to discharge the person from employment or from a training program leading to employment, or to discriminate against the person in compensation or in terms, conditions, or privileges of employment.\n(1) This part does not prohibit an employer from refusing to hire or discharging an employee with a physical or mental disability, or subject an employer to any legal liability resulting from the refusal to employ or the discharge of an employee with a physical or mental disability, where the employee, because of his or her physical or mental disability, is unable to perform his or her essential duties even with reasonable accommodations, or cannot perform those duties in a manner that would not endanger his or her health or safety or the health or safety of others even with reasonable accommodations.\n(2) This part does not prohibit an employer from refusing to hire or discharging an employee who, because of the employee\u2019s medical condition, is unable to perform his or her essential duties even with reasonable accommodations, or cannot perform those duties in a manner that would not endanger the employee\u2019s health or safety or the health or safety of others even with reasonable accommodations. Nothing in this part shall subject an employer to any legal liability resulting from the refusal to employ or the discharge of an employee who, because of the employee\u2019s medical condition, is unable to perform his or her essential duties, or cannot perform those duties in a manner that would not endanger the employee\u2019s health or safety or the health or safety of others even with reasonable accommodations.\n(3) Nothing in this part relating to discrimination on account of marital status shall do either of the following:\n(A) Affect the right of an employer to reasonably regulate, for reasons of supervision, safety, security, or morale, the working of spouses in the same department, division, or facility, consistent with the rules and regulations adopted by the commission.\n(B) Prohibit bona fide health plans from providing additional or greater benefits to employees with dependents than to those employees without or with fewer dependents.\n(4) Nothing in this part relating to discrimination shall affect the right of an employer to use veteran status as a factor in hiring decisions if the employer maintains a veterans\u2019 preference employment policy established in accordance with Article 3 (commencing with Section 12958).\nA veterans\u2019 preference employment policy shall not be established or applied for the purpose of discriminating against an employment applicant on the basis of any protected classification in this subdivision.\n(5) (A) This part does not prohibit an employer from refusing to employ an individual because of his or her age if the law compels or provides for that refusal. Promotions within the existing staff, hiring or promotion on the basis of experience and training, rehiring on the basis of seniority and prior service with the employer, or hiring under an established recruiting program from high schools, colleges, universities, or trade schools do not, in and of themselves, constitute unlawful employment practices.\n(B) The provisions of this part relating to discrimination on the basis of age do not prohibit an employer from providing health benefits or health care reimbursement plans to retired persons that are altered, reduced, or eliminated when the person becomes eligible for Medicare health benefits. This subparagraph applies to all retiree health benefit plans and contractual provisions or practices concerning retiree health benefits and health care reimbursement plans in effect on or after January 1, 2011.\n(b) For a labor organization, because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status of any person, to exclude, expel, or restrict from its membership the person, or to provide only second-class or segregated membership or to discriminate against any person because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status of the person in the election of officers of the labor organization or in the selection of the labor organization\u2019s staff or to discriminate in any way against any of its members, any employer, or any person employed by an employer.\n(c) For any person to discriminate against any person in the selection, termination, training, or other terms or treatment of that person in any apprenticeship training program, any other training program leading to employment, an unpaid internship, or another limited duration program to provide unpaid work experience for that person because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status of the person discriminated against.\n(d) For any employer or employment agency to print or circulate or cause to be printed or circulated any publication, or to make any nonjob-related inquiry of an employee or applicant, either verbal or through use of an application form, that expresses, directly or indirectly, any limitation, specification, or discrimination as to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, or any intent to make any such limitation, specification, or discrimination. This part does not prohibit an employer or employment agency from inquiring into the age of an applicant or from specifying age limitations, where the law compels or provides for that action.\n(e) (1) Except as provided in paragraph (2) or (3), for any employer or employment agency to require any medical or psychological examination of an applicant, to make any medical or psychological inquiry of an applicant, to make any inquiry whether an applicant has a mental disability, physical disability, or medical condition, or to make any inquiry regarding the nature or severity of a physical disability, mental disability, or medical condition.\n(2) Notwithstanding paragraph (1), an employer or employment agency may inquire into the ability of an applicant to perform job-related functions and may respond to an applicant\u2019s request for reasonable accommodation.\n(3) Notwithstanding paragraph (1), an employer or employment agency may require a medical or psychological examination or make a medical or psychological inquiry of a job applicant after an employment offer has been made but prior to the commencement of employment duties, provided that the examination or inquiry is job related and consistent with business necessity and that all entering employees in the same job classification are subject to the same examination or inquiry.\n(f) (1) Except as provided in paragraph (2), for any employer or employment agency to require any medical or psychological examination of an employee, to make any medical or psychological inquiry of an employee, to make any inquiry whether an employee has a mental disability, physical disability, or medical condition, or to make any inquiry regarding the nature or severity of a physical disability, mental disability, or medical condition.\n(2) Notwithstanding paragraph (1), an employer or employment agency may require any examinations or inquiries that the employer or employment agency can show to be job related and consistent with business necessity. An employer or employment agency may conduct voluntary medical examinations, including voluntary medical histories that are part of an employee health program available to employees at that worksite.\n(g) For any employer, labor organization, or employment agency to harass, discharge, expel, or otherwise discriminate against any person because the person has made a report pursuant to Section 11161.8 of the Penal Code, which prohibits retaliation against hospital employees who report suspected patient abuse by health facilities or community care facilities.\n(h) For any employer, labor organization, employment agency, or person to discharge, expel, or otherwise discriminate against any person because the person has opposed any practices forbidden under this part or because the person has filed a complaint, testified, or assisted in any proceeding under this part.\n(i) For any person to aid, abet, incite, compel, or coerce the doing of any of the acts forbidden under this part, or to attempt to do so.\n(j) (1) For an employer, labor organization, employment agency, apprenticeship training program, or any training program leading to employment, or any other person, because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, to harass an employee, an applicant, an unpaid intern or volunteer, or a person providing services pursuant to a contract. Harassment of an employee, an applicant, an unpaid intern or volunteer, or a person providing services pursuant to a contract by an employee, other than an agent or supervisor, shall be unlawful if the entity, or its agents or supervisors, knows or should have known of this conduct and fails to take immediate and appropriate corrective action. An employer may also be responsible for the acts of nonemployees, with respect to sexual harassment of employees, applicants, unpaid interns or volunteers, or persons providing services pursuant to a contract in the workplace, where the employer, or its agents or supervisors, knows or should have known of the conduct and fails to take immediate and appropriate corrective action. In reviewing cases involving the acts of nonemployees, the extent of the employer\u2019s control and any other legal responsibility that the employer may have with respect to the conduct of those nonemployees shall be considered. An entity shall take all reasonable steps to prevent harassment from occurring. Loss of tangible job benefits shall not be necessary in order to establish harassment.\n(2) This subdivision is declaratory of existing law, except for the new duties imposed on employers with regard to harassment.\n(3) An employee of an entity subject to this subdivision is personally liable for any harassment prohibited by this section that is perpetrated by the employee, regardless of whether the employer or covered entity knows or should have known of the conduct and fails to take immediate and appropriate corrective action.\n(4) (A) For purposes of this subdivision only, \u201cemployer\u201d means any person regularly employing one or more persons or regularly receiving the services of one or more persons providing services pursuant to a contract, or any person acting as an agent of an employer, directly or indirectly, the state, or any political or civil subdivision of the state, and cities. The definition of \u201cemployer\u201d in subdivision (d) of Section 12926 applies to all provisions of this section other than this subdivision.\n(B) Notwithstanding subparagraph (A), for purposes of this subdivision, \u201cemployer\u201d does not include a religious association or corporation not organized for private profit, except as provided in Section 12926.2.\n(C) For purposes of this subdivision, \u201charassment\u201d because of sex includes sexual harassment, gender harassment, and harassment based on pregnancy, childbirth, or related medical conditions. Sexually harassing conduct need not be motivated by sexual desire.\n(5) For purposes of this subdivision, \u201ca person providing services pursuant to a contract\u201d means a person who meets all of the following criteria:\n(A) The person has the right to control the performance of the contract for services and discretion as to the manner of performance.\n(B) The person is customarily engaged in an independently established business.\n(C) The person has control over the time and place the work is performed, supplies the tools and instruments used in the work, and performs work that requires a particular skill not ordinarily used in the course of the employer\u2019s work.\n(k) For an employer, labor organization, employment agency, apprenticeship training program, or any training program leading to employment, to fail to take all reasonable steps necessary to prevent discrimination and harassment from occurring.\n(l) (1) For an employer or other entity covered by this part to refuse to hire or employ a person or to refuse to select a person for a training program leading to employment or to bar or to discharge a person from employment or from a training program leading to employment, or to discriminate against a person in compensation or in terms, conditions, or privileges of employment because of a conflict between the person\u2019s religious belief or observance and any employment requirement, unless the employer or other entity covered by this part demonstrates that it has explored any available reasonable alternative means of accommodating the religious belief or observance, including the possibilities of excusing the person from those duties that conflict with his or her religious belief or observance or permitting those duties to be performed at another time or by another person, but is unable to reasonably accommodate the religious belief or observance without undue hardship, as defined in subdivision (u) of Section 12926, on the conduct of the business of the employer or other entity covered by this part. Religious belief or observance, as used in this section, includes, but is not limited to, observance of a Sabbath or other religious holy day or days, reasonable time necessary for travel prior and subsequent to a religious observance, and religious dress practice and religious grooming practice as described in subdivision (q) of Section 12926. This subdivision shall also apply to an apprenticeship training program, an unpaid internship, and any other program to provide unpaid experience for a person in the workplace or industry.\n(2) An accommodation of an individual\u2019s religious dress practice or religious grooming practice is not reasonable if the accommodation requires segregation of the individual from other employees or the public.\n(3) An accommodation is not required under this subdivision if it would result in a violation of this part or any other law prohibiting discrimination or protecting civil rights, including subdivision (b) of Section 51 of the Civil Code and Section 11135 of this code.\n(4) For an employer or other entity covered by this part to, in addition to the employee protections provided pursuant to subdivision (h), retaliate or otherwise discriminate against a person for requesting accommodation under this subdivision, regardless of whether the request was granted.\n(m) (1) For an employer or other entity covered by this part to fail to make reasonable accommodation for the known physical or mental disability of an applicant or employee. Nothing in this subdivision or in paragraph (1) or (2) of subdivision (a) shall be construed to require an accommodation that is demonstrated by the employer or other covered entity to produce undue hardship, as defined in subdivision (u) of Section 12926, to its operation.\n(2) For an employer or other entity covered by this part to, in addition to the employee protections provided pursuant to subdivision (h), retaliate or otherwise discriminate against a person for requesting accommodation under this subdivision, regardless of whether the request was granted.\n(n) For an employer or other entity covered by this part to fail to engage in a timely, good faith, interactive process with the employee or applicant to determine effective reasonable accommodations, if any, in response to a request for reasonable accommodation by an employee or applicant with a known physical or mental disability or known medical condition.\n(o) For an employer or other entity covered by this part, to subject, directly or indirectly, any employee, applicant, or other person to a test for the presence of a genetic characteristic.\n(p) Nothing in this section shall be interpreted as preventing the ability of employers to identify members of the military or veterans for purposes of awarding a veteran\u2019s preference as permitted by law.\nSEC. 2.\nArticle 3 (commencing with Section 12958) is added to Chapter 6 of Part 2.8 of Division 3 of Title 2 of the Government Code, to read:\nArticle  3. Voluntary Veterans\u2019 Preference Employment Policies\n12958.\nThis article shall be known, and may be cited, as the \u201cVoluntary Veterans\u2019 Preference Employment Policy Act.\u201d\n12958.1.\nAs used in this article:\n(a) \u201cDD 214\u201d means United States Department of Defense Form 214 or a similarly effective form issued by that department relating to separation from military service.\n(b) \u201cPrivate employer\u201d means a business entity in the private sector of this state with one or more employees.\n(c) \u201cVeteran\u201d means a person who served on active duty in the Armed Forces of the United States who was discharged or released with an honorable discharge.\n(d) \u201cVeterans\u2019 preference employment policy\u201d means a private employer\u2019s voluntary preference for hiring or retaining a veteran over another qualified applicant or employee.\n12958.2.\n(a) Notwithstanding any other law, a private employer may establish and maintain a written veterans\u2019 preference employment policy, which shall be applied uniformly to hiring decisions.\n(b) An employer with a veterans\u2019 preference employment policy may require that a veteran submit a DD 214 to be eligible for the preference.\n(c) The granting of a veterans\u2019 preference pursuant to this article, in and of itself, shall be deemed not to violate any local or state equal employment opportunity law or regulation, including, but not limited to, this chapter.\n(d) The Department of Veterans Affairs shall assist any private employer in determining if an applicant is a veteran to the extent permitted by law.\n(e) Nothing in this section shall be construed to authorize the establishment or use of a veterans\u2019 preference employment policy for the purpose of discriminating against\nthe\nan\nemployment applicant on the basis of any protected classification in subdivision (a) of Section 12940.","title":""}
{"_id":"c476","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nThe Legislature hereby finds and declares all of the following:\n(a) In April 2007, the Sacramento Area Flood Control Agency (SAFCA) secured the support of property owners in the Sacramento region for the imposition of a special benefit assessment to fund the local share of the cost of the levee improvement projects along the American and Sacramento Rivers, including the Natomas Basin, and the project to modify Folsom Dam to provide the Sacramento region with at least a 200-year level of flood protection based on current estimates of the runoff likely to be produced by such a flood event. Later that year, the Legislature passed Senate Bill 276, enacted as Chapter 641 of the Statutes of 2007, which modified existing state authorizations for these projects in order to continue the historic federal-state-local cost-sharing partnership governing the projects and ensure that project construction could move forward as quickly as possible.\n(b) Since 2007, more than one billion dollars ($1,000,000,000) in federal, state, and local funds has been expended on these projects in a manner that has substantially increased the ability of the existing flood control system to protect heavily urbanized areas within the City of Sacramento and the Counties of Sacramento and Sutter against very rare floods.\n(c) Much of this work has occurred in the Natomas Basin where SAFCA, with the state\u2019s financial assistance, has raised and strengthened about 18 miles of the most vulnerable segments of the perimeter levee system protecting the Natomas Basin. Because of changes in federal and state engineering standards since 2007, these improvements and the improvements needed for the remainder of the perimeter levee system have greatly exceeded the scope of the Natomas Levee Improvement Project set forth in the Final Engineer\u2019s Report dated April 19, 2007, which governed SAFCA\u2019s special benefit assessment proceedings and informed the Legislature\u2019s accompanying project authorization.\n(d) The full scope of the work necessary to provide the Natomas Basin with at least a 200-year level of flood protection is described in an engineering report prepared in 2010 by the United States Army Corps of Engineers (Corps) for the American River Watershed, Common Features Project, Natomas Basin. This report, which outlines the steps the Corps will take to complete the work in Natomas initiated by the state and SAFCA, was transmitted to Congress by the Chief of Engineers of the Corps in December 2010 and adopted by Congress as part of the Water Resources Reform and Development Act of 2014 (Public Law 113-121).\n(e) Consistent with its historic practice of providing state approval for federally authorized projects affecting the State Plan of Flood Control, the Legislature has determined that modification of the 2007 state authorization for the Natomas Levee Improvement Project is warranted in order to enlarge the scope of the authorized project to match the federal authorization without altering the federal-state-local cost sharing made applicable to the project under the 2007 authorization.\nSEC. 2.\nSection 12670.14 of the Water Code is amended to read:\n12670.14.\nThe following projects in areas within the City of Sacramento and the Counties of Sacramento and Sutter are adopted and authorized at an estimated cost to the state of the sum that may be appropriated by the Legislature for state participation upon the recommendation and advice of the department or the Central Valley Flood Protection Board:\n(a) The project for flood control in the Natomas and North Sacramento areas adopted and authorized by Congress in Section 9159 of the Department of Defense Appropriations Act of 1993 (Public Law 102-396) substantially in accordance with the recommendations of the Chief of Engineers in the report entitled \u201cAmerican River Watershed Investigation\u201d dated July 1, 1992.\n(b) The project for flood control along the American and Sacramento Rivers adopted and authorized by Congress in Section 101(a)(1) of the Water Resources Development Act of 1996 (Public Law 104-303) substantially in accordance with the recommendations of the Chief of Engineers in the report entitled \u201cAmerican River Watershed Project, California\u201d dated June 27, 1996, as modified by Congress in Section 366 of the Water Resources Development Act of 1999 (Public Law 106-53), as further modified to include the project features necessary to provide a 200-year level of flood protection along the American and Sacramento Rivers and within the Natomas Basin as described in the Final Engineer\u2019s Report dated April 19, 2007, adopted by the Sacramento Area Flood Control Agency, and as further modified by the 2010 final feasibility study for the American River Watershed, Common Features Project, Natomas Basin, adopted by Congress in Section 7002 of the Water Resources Reform and Development Act of 2014 (Public Law 113-121).\n(c) The project to modify Folsom Dam adopted and authorized by Congress in Section 101(a)(6) of the Water Resources Development Act of 1999 (Public Law 106-53), as described in the United States Army Corps of Engineers Supplemental Information Report for the American River Watershed Project, California, dated March 1996, as modified by the report entitled \u201cFolsom Dam Modification Report, New Outlets Plan,\u201d dated March 1998, prepared by the Sacramento Area Flood Control Agency, and as further modified by the Post-Authorization Change Report, American River Watershed Project (Folsom Dam Modification and Folsom Dam Raise Projects), dated March 2007, adopted by Congress in Section 3029 of the Water Resources Development Act of 2007 (Public Law 110-114).\n(d) (1) The project for flood control, environmental restoration, and recreation along south Sacramento County streams adopted and authorized by Congress in Section 101(a)(8) of the Water Resources Development Act of 1999 (Public Law 106-53) as described in the report of the Chief of Engineers entitled \u201cSouth Sacramento County Streams, California\u201d dated October 6, 1998.\n(2) Notwithstanding Section 12657, at the discretion of the Central Valley Flood Protection Board, the Sacramento Area Flood Control Agency may provide, for the project described in paragraph (1), the assurances of local cooperation satisfactory to the Secretary of the Army, in accordance with Section 12657, in lieu of assurances by the Central Valley Flood Protection Board.","title":""}
{"_id":"c406","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 896 of the Civil Code is amended to read:\n896.\nIn any action seeking recovery of damages arising out of, or related to deficiencies in, the residential construction, design, specifications, surveying, planning, supervision, testing, or observation of construction, a builder, and to the extent set forth in Chapter 4 (commencing with Section 910), a general contractor, subcontractor, material supplier, individual product manufacturer, or design professional, shall, except as specifically set forth in this title, be liable for, and the claimant\u2019s claims or causes of action shall be limited to violation of, the following standards, except as specifically set forth in this title. This title applies to original construction intended to be sold as an individual dwelling\nunit.\nunit and shall serve as the sole and exclusive remedy for any action seeking recovery for damages as described in this section.\nAs to condominium conversions, this title does not apply to or does not supersede any other statutory or common law.\n(a) With respect to water issues:\n(1) A door shall not allow unintended water to pass beyond, around, or through the door or its designed or actual moisture barriers, if any.\n(2) Windows, patio doors, deck doors, and their systems shall not allow water to pass beyond, around, or through the window, patio door, or deck door or its designed or actual moisture barriers, including, without limitation, internal barriers within the systems themselves. For purposes of this paragraph, \u201csystems\u201d include, without limitation, windows, window assemblies, framing, substrate, flashings, and trim, if any.\n(3) Windows, patio doors, deck doors, and their systems shall not allow excessive condensation to enter the structure and cause damage to another component. For purposes of this paragraph, \u201csystems\u201d include, without limitation, windows, window assemblies, framing, substrate, flashings, and trim, if any.\n(4) Roofs, roofing systems, chimney caps, and ventilation components shall not allow water to enter the structure or to pass beyond, around, or through the designed or actual moisture barriers, including, without limitation, internal barriers located within the systems themselves. For purposes of this paragraph, \u201csystems\u201d include, without limitation, framing, substrate, and sheathing, if any.\n(5) Decks, deck systems, balconies, balcony systems, exterior stairs, and stair systems shall not allow water to pass into the adjacent structure. For purposes of this paragraph, \u201csystems\u201d include, without limitation, framing, substrate, flashing, and sheathing, if any.\n(6) Decks, deck systems, balconies, balcony systems, exterior stairs, and stair systems shall not allow unintended water to pass within the systems themselves and cause damage to the systems. For purposes of this paragraph, \u201csystems\u201d include, without limitation, framing, substrate, flashing, and sheathing, if any.\n(7) Foundation systems and slabs shall not allow water or vapor to enter into the structure so as to cause damage to another building component.\n(8) Foundation systems and slabs shall not allow water or vapor to enter into the structure so as to limit the installation of the type of flooring materials typically used for the particular application.\n(9) Hardscape, including paths and patios, irrigation systems, landscaping systems, and drainage systems, that are installed as part of the original construction, shall not be installed in such a way as to cause water or soil erosion to enter into or come in contact with the structure so as to cause damage to another building component.\n(10) Stucco, exterior siding, exterior walls, including, without limitation, exterior framing, and other exterior wall finishes and fixtures and the systems of those components and fixtures, including, but not limited to, pot shelves, horizontal surfaces, columns, and plant-ons, shall be installed in such a way so as not to allow unintended water to pass into the structure or to pass beyond, around, or through the designed or actual moisture barriers of the system, including any internal barriers located within the system itself. For purposes of this paragraph, \u201csystems\u201d include, without limitation, framing, substrate, flashings, trim, wall assemblies, and internal wall cavities, if any.\n(11) Stucco, exterior siding, and exterior walls shall not allow excessive condensation to enter the structure and cause damage to another component. For purposes of this paragraph, \u201csystems\u201d include, without limitation, framing, substrate, flashings, trim, wall assemblies, and internal wall cavities, if any.\n(12) Retaining and site walls and their associated drainage systems shall not allow unintended water to pass beyond, around, or through its designed or actual moisture barriers including, without limitation, any internal barriers, so as to cause damage. This standard does not apply to those portions of any wall or drainage system that are designed to have water flow beyond, around, or through them.\n(13) Retaining walls and site walls, and their associated drainage systems, shall only allow water to flow beyond, around, or through the areas designated by design.\n(14) The lines and components of the plumbing system, sewer system, and utility systems shall not leak.\n(15) Plumbing lines, sewer lines, and utility lines shall not corrode so as to impede the useful life of the systems.\n(16) Sewer systems shall be installed in such a way as to allow the designated amount of sewage to flow through the system.\n(17) Showers, baths, and related waterproofing systems shall not leak water into the interior of walls, flooring systems, or the interior of other components.\n(18)  The waterproofing system behind or under ceramic tile and tile countertops shall not allow water into the interior of walls, flooring systems, or other components so as to cause damage. Ceramic tile systems shall be designed and installed so as to deflect intended water to the waterproofing system.\n(b) With respect to structural issues:\n(1) Foundations, load bearing components, and slabs, shall not contain significant cracks or significant vertical displacement.\n(2) Foundations, load bearing components, and slabs shall not cause the structure, in whole or in part, to be structurally unsafe.\n(3) Foundations, load bearing components, and slabs, and underlying soils shall be constructed so as to materially comply with the design criteria set by applicable government building codes, regulations, and ordinances for chemical deterioration or corrosion resistance in effect at the time of original construction.\n(4) A structure shall be constructed so as to materially comply with the design criteria for earthquake and wind load resistance, as set forth in the applicable government building codes, regulations, and ordinances in effect at the time of original construction.\n(c) With respect to soil issues:\n(1) Soils and engineered retaining walls shall not cause, in whole or in part, damage to the structure built upon the soil or engineered retaining wall.\n(2) Soils and engineered retaining walls shall not cause, in whole or in part, the structure to be structurally unsafe.\n(3) Soils shall not cause, in whole or in part, the land upon which no structure is built to become unusable for the purpose represented at the time of original sale by the builder or for the purpose for which that land is commonly used.\n(d) With respect to fire protection issues:\n(1) A structure shall be constructed so as to materially comply with the design criteria of the applicable government building codes, regulations, and ordinances for fire protection of the occupants in effect at the time of the original construction.\n(2) Fireplaces, chimneys, chimney structures, and chimney termination caps shall be constructed and installed in such a way so as not to cause an unreasonable risk of fire outside the fireplace enclosure or chimney.\n(3) Electrical and mechanical systems shall be constructed and installed in such a way so as not to cause an unreasonable risk of fire.\n(e) With respect to plumbing and sewer issues:\nPlumbing and sewer systems shall be installed to operate properly and shall not materially impair the use of the structure by its inhabitants. However, no action may be brought for a violation of this subdivision more than four years after close of escrow.\n(f) With respect to electrical system issues:\nElectrical systems shall operate properly and shall not materially impair the use of the structure by its inhabitants. However, no action shall be brought pursuant to this subdivision more than four years from close of escrow.\n(g) With respect to issues regarding other areas of construction:\n(1) Exterior pathways, driveways, hardscape, sidewalls, sidewalks, and patios installed by the original builder shall not contain cracks that display significant vertical displacement or that are excessive. However, no action shall be brought upon a violation of this paragraph more than four years from close of escrow.\n(2) Stucco, exterior siding, and other exterior wall finishes and fixtures, including, but not limited to, pot shelves, horizontal surfaces, columns, and plant-ons, shall not contain significant cracks or separations.\n(3) (A) To the extent not otherwise covered by these standards, manufactured products, including, but not limited to, windows, doors, roofs, plumbing products and fixtures, fireplaces, electrical fixtures, HVAC units, countertops, cabinets, paint, and appliances shall be installed so as not to interfere with the products\u2019 useful life, if any.\n(B) For purposes of this paragraph, \u201cuseful life\u201d means a representation of how long a product is warranted or represented, through its limited warranty or any written representations, to last by its manufacturer, including recommended or required maintenance. If there is no representation by a manufacturer, a builder shall install manufactured products so as not to interfere with the product\u2019s utility.\n(C) For purposes of this paragraph, \u201cmanufactured product\u201d means a product that is completely manufactured offsite.\n(D) If no useful life representation is made, or if the representation is less than one year, the period shall be no less than one year. If a manufactured product is damaged as a result of a violation of these standards, damage to the product is a recoverable element of damages. This subparagraph does not limit recovery if there has been damage to another building component caused by a manufactured product during the manufactured product\u2019s useful life.\n(E) This title does not apply in any action seeking recovery solely for a defect in a manufactured product located within or adjacent to a structure.\n(4) Heating shall be installed so as to be capable of maintaining a room temperature of 70 degrees Fahrenheit at a point three feet above the floor in any living space if the heating was installed pursuant to a building permit application submitted prior to January 1, 2008, or capable of maintaining a room temperature of 68 degrees Fahrenheit at a point three feet above the floor and two feet from exterior walls in all habitable rooms at the design temperature if the heating was installed pursuant to a building permit application submitted on or before January 1, 2008.\n(5) Living space air-conditioning, if any, shall be provided in a manner consistent with the size and efficiency design criteria specified in Title 24 of the California Code of Regulations or its successor.\n(6) Attached structures shall be constructed to comply with interunit noise transmission standards set by the applicable government building codes, ordinances, or regulations in effect at the time of the original construction. If there is no applicable code, ordinance, or regulation, this paragraph does not apply. However, no action shall be brought pursuant to this paragraph more than one year from the original occupancy of the adjacent unit.\n(7) Irrigation systems and drainage shall operate properly so as not to damage landscaping or other external improvements. However, no action shall be brought pursuant to this paragraph more than one year from close of escrow.\n(8) Untreated wood posts shall not be installed in contact with soil so as to cause unreasonable decay to the wood based upon the finish grade at the time of original construction. However, no action shall be brought pursuant to this paragraph more than two years from close of escrow.\n(9) Untreated steel fences and adjacent components shall be installed so as to prevent unreasonable corrosion. However, no action shall be brought pursuant to this paragraph more than four years from close of escrow.\n(10) Paint and stains shall be applied in such a manner so as not to cause deterioration of the building surfaces for the length of time specified by the paint or stain manufacturers\u2019 representations, if any. However, no action shall be brought pursuant to this paragraph more than five years from close of escrow.\n(11) Roofing materials shall be installed so as to avoid materials falling from the roof.\n(12) The landscaping systems shall be installed in such a manner so as to survive for not less than one year. However, no action shall be brought pursuant to this paragraph more than two years from close of escrow.\n(13) Ceramic tile and tile backing shall be installed in such a manner that the tile does not detach.\n(14) Dryer ducts shall be installed and terminated pursuant to manufacturer installation requirements. However, no action shall be brought pursuant to this paragraph more than two years from close of escrow.\n(15) Structures shall be constructed in such a manner so as not to impair the occupants\u2019 safety because they contain public health hazards as determined by a duly authorized public health official, health agency, or governmental entity having jurisdiction. This paragraph does not limit recovery for any damages caused by a violation of any other paragraph of this section on the grounds that the damages do not constitute a health hazard.\nSECTION 1.\nSection 895 of the\nCivil Code\nis amended to read:\n895.\n(a)\u201cStructure\u201d means a residential dwelling, other building, or improvement located upon a lot or within a common area.\n(b)\u201cDesigned moisture barrier\u201d means an installed moisture barrier specified in the plans and specifications, contract documents, or manufacturer\u2019s recommendations.\n(c)\u201cActual moisture barrier\u201d means a component or material, actually installed, that serves to any degree as a barrier against moisture, whether or not intended as a barrier against moisture.\n(d)\u201cUnintended water\u201d means water that passes beyond, around, or through a component or the material that is designed to prevent that passage.\n(e)\u201cClose of escrow\u201d means the date of the close of escrow between the builder and the original homeowner. With respect to claims by an association, as defined in Section 4080, \u201cclose of escrow\u201d means the date of substantial completion, as defined in Section 337.15 of the Code of Civil Procedure, or the date the builder relinquishes control over the association\u2019s ability to decide whether to initiate a claim under this title, whichever is later.\n(f)\u201cClaimant\u201d or \u201chomeowner\u201d includes the individual owners of single-family homes, individual unit owners of attached dwellings and, in the case of a common interest development, an association as defined in Section 4080.","title":""}
{"_id":"c204","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 19551.1 of the Revenue and Taxation Code is amended to read:\n19551.1.\n(a) (1) The Franchise Tax Board may permit the tax officials of any city, county, or city and county to enter into a reciprocal agreement with the Franchise Tax Board to obtain tax information from the Franchise Tax Board, as specified in subdivision (b).\n(2) For purposes of this section, \u201creciprocal agreement\u201d means a formal agreement to exchange information for tax administration purposes between tax officials of a city, county, or city and county, and the Franchise Tax Board.\n(b) The information furnished to tax officials of a city, county, or city and county under this section shall be limited as follows:\n(1) The tax officials of a city, county, or city and county are authorized to receive information only with respect to taxpayers with an address as reflected on the Franchise Tax Board\u2019s records within the jurisdictional boundaries of the city, county, or city and county who report income from a trade or business to the Franchise Tax Board.\n(2) The tax information that may be provided by the Franchise Tax Board to a city, county, or city and county is limited to a taxpayer\u2019s name, address, social security or taxpayer identification number, and business activity code.\n(3) Tax information provided to the taxing authority of a city, county, or city and county shall not be furnished to, or used by, any person other than an employee of that taxing authority and shall be utilized in a form and manner to safeguard the tax information as required by the Franchise Tax Board, including, but not limited to:\n(A) The completion of a data exchange security questionnaire provided by the Franchise Tax Board prior to approval of a data exchange by the Franchise Tax Board.\n(B) The tax official of a city, county, or city and county shall allow for an onsite safeguard review conducted by the Franchise Tax Board.\n(C) The completion of disclosure training provided by the Franchise Tax Board and a confidentiality statement signed by all employees with access to information provided by the Franchise Tax Board confirming the requirement of data security with respect to that information and acknowledging awareness of penalties for unauthorized access or disclosure under Sections 19542 and 19552 of this code and Section 502 of the Penal Code.\n(D) The tax official of a city, county, or city and county shall notify the Franchise Tax Board within 24 hours upon discovery of any incident of unauthorized or suspected unauthorized access or disclosure of the tax information and provide a detailed report of the incident and the parties involved.\n(E) All records received by the tax officials of a city, county, or city and county shall be destroyed in a manner to make them unusable or unreadable so an individual record may no longer be ascertained in a timeframe specified by the Franchise Tax Board.\n(4) The information provided to the tax officials of the city, county, or city and county by the Franchise Tax Board under this section is subject to Section 19542, and may not be used for any purpose other than the city, county, or city and county\u2019s tax enforcement, or as otherwise authorized by state or federal law.\n(5) Section 19542.1 applies to this section.\n(c) The Franchise Tax Board may not provide any information pursuant to this section until all of the following have occurred:\n(1) An agreement has been executed between a city, county, or city and county and the Franchise Tax Board, that provides that an amount equal to all first year costs necessary to furnish the city, county, or city and county information pursuant to this section shall be received by the Franchise Tax Board before the Franchise Tax Board incurs any costs associated with the activity permitted by this section. For purposes of this section, first year costs include costs associated with, but not limited to, the purchasing of equipment, the development of processes, and labor.\n(2) An agreement has been executed between a city, county, or city and county and the Franchise Tax Board, that provides that the annual costs incurred by the Franchise Tax Board, as a result of the activity permitted by this section, shall be reimbursed by the city, county, or city and county to the Franchise Tax Board.\n(3) Pursuant to the agreement described in paragraph (1), the Franchise Tax Board has received an amount equal to the first year costs.\n(d) Any information, other than the type of tax information specified in subdivision (b), may be requested by the tax officials of a city, county, or city and county from the Franchise Tax Board by affidavit. At the time a tax official makes the request, he or she shall provide the person whose information is the subject of the request, with a copy of the affidavit and, upon request, make the information obtained available to that person.\n(e) This section does not invalidate any other law. This section does not preclude any city, county, or city and county from obtaining information about individual taxpayers, including those taxpayers not subject to this section, by any other means permitted by state or federal law.\n(f) Nothing in this section shall be construed to affect any obligations, rights, or remedies regarding personal information provided under state or federal law.\n(g) Notwithstanding subdivision (c), the Franchise Tax Board shall waive a city, county, or city and county\u2019s reimbursement of the Franchise Tax Board\u2019s cost if a city, county, or city and county enters into a reciprocal agreement as defined in paragraph (2) of subdivision (a). The reciprocal agreement shall specify that each party shall bear its own costs to furnish the data involved in the exchange authorized by this section and Section 19551.5, and a city, county, or city and county shall be precluded from obtaining reimbursement as specified under Section 5 of the act adding this subdivision.\n(h) This section shall remain in effect only until January 1, 2019, and as of that date, is repealed.\nSEC. 2.\nSection 19551.5 of the Revenue and Taxation Code is amended to read:\n19551.5.\n(a) Notwithstanding any other law, each city, county, or city and county that assesses a city, county, or city and county business tax or requires a city, county, or city and county business license shall, upon the request of the Franchise Tax Board, annually submit to the Franchise Tax Board the information that is collected in the course of administration of the city, county, or city and county\u2019s business tax or business license program, as described in subdivision (b).\n(b) Information, collected in the course of administration of the city, county, or city and county\u2019s business tax or business license program, shall be limited to the following:\n(1) Name of the business, if the business is a corporation, partnership, or limited liability company, or the owner\u2019s name if the business is a sole proprietorship.\n(2) Business mailing address.\n(3) Federal employer identification number, if applicable, or the business owner\u2019s social security number, if known.\n(4) Standard Industrial Classification (SIC) Code or North American Industry Classification System (NAICS) Code.\n(5) Business start date.\n(6) Business cease date.\n(7) City, county, or city and county account or license number.\n(8) Ownership type.\n(c) The reports required under this section shall be filed on magnetic media such as tapes or compact discs, through a secure electronic process, or in other machine-readable form, according to standards prescribed by regulations promulgated by the Franchise Tax Board.\n(d) Cities that receive a request from the Franchise Tax Board shall begin providing to the Franchise Tax Board the information required by this section as soon as economically feasible, but no later than December 31, 2009. The information shall be furnished annually at a time and in the form that the Franchise Tax Board may prescribe by regulation.\n(e) The city, county, or city and county data provided to the Franchise Tax Board under this section is subject to Section 19542, and may not be used for any purpose other than state tax enforcement or as otherwise authorized by law.\n(f) If a city, county, or city and county enters into a reciprocal agreement with the Franchise Tax Board pursuant to subdivision (a) of Section 19551.1, the city, county, or city and county shall also waive reimbursement for costs incurred to provide information required under this section and shall be precluded from obtaining reimbursement as specified under Section 5 of Chapter 345 of the Statutes of 2008. The reciprocal agreement shall specify that each party shall bear its own costs to furnish the data involved in the exchange authorized by Section 19551.1 and this section, and the Franchise Tax Board shall be precluded from obtaining reimbursement as specified under subdivision (c) of Section 19551.1.\n(g) A city, county, or city and county shall not be required to provide information to the Franchise Tax Board pursuant to this section if the Franchise Tax Board fails to provide tax information to the city, county, or city and county pursuant to a reciprocal agreement entered into pursuant to subdivision (a) of Section 19551.1 for reasons other than concerns related to confidentiality of tax information provided to the city, county, or city and county.\n(h) This section shall remain in effect only until January 1, 2019, and as of that date, is repealed.\nSEC. 3.\nNo reimbursement is required by this act pursuant to Section 6 of Article XIII\u2009B 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\u2009B of the California Constitution.","title":""}
{"_id":"c160","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 14998.2 of the Government Code is amended to read:\n14998.2.\n(a) There is in the Governor\u2019s Office of Business and Economic Development, the California Film Commission consisting of 26 members. The Governor shall appoint 13 members, the Senate Committee on Rules shall appoint four members, the Speaker of the Assembly shall appoint four members, and five members shall be ex officio. The members of the commission appointed by the Governor may include representatives of state and local government, motion picture development companies, employee and professional organizations composed of persons employed in the motion picture industry, and other appropriate members of this or related industries.\nAll members of the commission, except legislators who are appointed either by the Senate Committee on Rules or by the Speaker of the Assembly, shall serve at the pleasure of the appointing authority for a term of two years from the effective date of the appointment.\n(b) (1) One of the members appointed by the Senate Committee on Rules shall, and another one may, be a Senator and one of the members appointed by the Speaker of the Assembly shall, and another one may, be a Member of the Assembly. These persons shall be appointed for terms of four years.\n(2)  Of the legislators appointed to the commission, no more than three legislators from the same political party may be appointed to or serve on the commission at the same time.\n(c) Any legislator appointed shall serve as a voting member of the commission, and shall meet with, and participate in the activities of, the commission to the extent that participation is not incompatible with his or her position as a Member of the Legislature, but shall only serve in that capacity while concurrently serving as a Member of the Legislature. Whenever a legislator vacates an office, the appointing power shall appoint another person for a new full term.\n(d) Eight of the 13 members appointed by the Governor shall be as follows:\n(1) One shall be a member or employee of a union or guild of motion picture artists.\n(2) One shall be a member or employee of a union or guild representing motion picture craftsmen, technicians, or photographers.\n(3) Two shall be from major motion picture studios.\n(4) One shall be a member of the city council or a member of the county board of supervisors of a city or a county with a population of at least two million people.\n(5) One shall be a member of the city council or a member of the county board of supervisors of a city or a county with a population of less than two million people.\n(6) (A) One shall be an independent filmmaker.\n(B) For purposes of this section, \u201cindependent filmmaker\u201d means a producer of a film that meets all of the following criteria:\n(i) Has a running time of at least 75 minutes.\n(ii) Is intended for commercial distribution to a motion picture theater, directly to the home video market, directly to television, or through the Internet.\n(iii) Is produced by a company that is not publicly traded and publicly traded companies do not own, directly or indirectly, more than 25 percent of the producing company.\n(7) (A) One shall be a member who is an independent commercial producer, or employee of a trade association representing independent commercial producers.\n(B) For purposes of this section, \u201cindependent commercial producer\u201d means a producer who owns or is employed by a company that is principally engaged in the physical or digital production of advertising content for advertisers, has control over the selection of production location, deployment, or management of the production equipment, and directly employs the production crew as the person that has control over the hiring and firing of the crew for a commercial production. The company shall not be wholly or partly owned or operated by an advertising agency or an advertiser or be publicly traded. The company shall also not produce any production to which the recordkeeping requirements of Section 2257 of Title 18 of the United States Code apply.\n(e) The Director of Transportation shall serve as an ex officio nonvoting member.\n(f) The Director of Parks and Recreation shall serve as an ex officio nonvoting member.\n(g) The Commissioner of the California Highway Patrol shall serve as an ex officio nonvoting member.\n(h) The State Fire Marshal shall serve as an ex officio nonvoting member.\n(i) The director of the commission shall serve as an ex officio nonvoting member.\nSEC. 2.\nSection 14998.4 of the Government Code is amended to read:\n14998.4.\n(a) The commission shall meet at least quarterly and shall select a chairperson and a vice chairperson from among its members. The vice chairperson shall act as chairperson in the chairperson\u2019s absence.\n(b) Each commission member shall serve without compensation but shall be reimbursed for traveling outside the county in which he or she resides to attend meetings.\n(c) The commission shall work to encourage motion picture and television filming in California and to that end, shall exercise all of the powers provided in this chapter.\n(d) The commission shall make recommendations to the Legislature, the Governor, the Governor\u2019s Office of Business and Economic Development, and other state agencies on legislative or administrative actions that may be necessary or helpful to maintain and improve the position of the state\u2019s motion picture industry in the national and world markets.\n(e) In addition, subject to the provision of funding appropriated for these purposes, the commission shall do all of the following:\n(1) Adopt guidelines for a standardized permit to be used by state agencies and the director.\n(2) Approve or modify the marketing and promotion plan developed by the director pursuant to subdivision (d) of Section 14998.9 to promote filmmaking in the state.\n(3) Conduct workshops and trade shows.\n(4) Provide expertise in promotional activities.\n(5) Create a navigational link on its Internet Web site labeled \u201cIndependent Films.\u201d The navigational link shall contain information explaining the qualified motion picture tax credits available to independent films pursuant to Sections 17053.95 and 23695 of the Revenue and Taxation Code. The navigational link shall also contain information relating to the application process and shall highlight that the commission is required to allocate 5 percent of the aggregate amount of credits to independent films.\n(6) Hold hearings.\n(7) Adopt its own operational rules and procedures.\n(8) Counsel the Legislature and the Governor on issues relating to the motion picture industry.","title":""}
{"_id":"c265","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 30 of the Business and Professions Code is amended to read:\n30.\n(a) (1) Notwithstanding any other law, any board, as defined in Section 22, and the State Bar and the Bureau of Real Estate shall, at the time of issuance of the license, require that the applicant provide its federal employer identification number, if the applicant is a partnership, or the applicant\u2019s social security number for all other applicants.\n(2) No later than January 1, 2016, in accordance with Section 135.5, a board, as defined in Section 22, and the State Bar and the Bureau of Real Estate shall require either the individual taxpayer identification number or social security number if the applicant is an individual for purposes of this subdivision.\n(b) A licensee failing to provide the federal employer identification number, or the individual taxpayer identification number or social security number shall be reported by the licensing board to the Franchise Tax Board. If the licensee fails to provide that information after notification pursuant to paragraph (1) of subdivision (b) of Section 19528 of the Revenue and Taxation Code, the licensee shall be subject to the penalty provided in paragraph (2) of subdivision (b) of Section 19528 of the Revenue and Taxation Code.\n(c) In addition to the penalty specified in subdivision (b), a licensing board shall not process an application for an initial license unless the applicant provides its federal employer identification number, or individual taxpayer identification number or social security number where requested on the application.\n(d) A licensing board shall, upon request of the Franchise Tax Board or the Employment Development Department, furnish to the board or the department, as applicable, the following information with respect to every licensee:\n(1) Name.\n(2) Address or addresses of record.\n(3) Federal employer identification number if the licensee is a partnership, or the licensee\u2019s individual taxpayer identification number or social security number for all other licensees.\n(4) Type of license.\n(5) Effective date of license or a renewal.\n(6) Expiration date of license.\n(7) Whether license is active or inactive, if known.\n(8) Whether license is new or a renewal.\n(e) For the purposes of this section:\n(1) \u201cLicensee\u201d means a person or entity, other than a corporation, authorized by a license, certificate, registration, or other means to engage in a business or profession regulated by this code or referred to in Section 1000 or 3600.\n(2) \u201cLicense\u201d includes a certificate, registration, or any other authorization needed to engage in a business or profession regulated by this code or referred to in Section 1000 or 3600.\n(3) \u201cLicensing board\u201d means any board, as defined in Section 22, the State Bar, and the Bureau of Real Estate.\n(f) The reports required under this section shall be filed on magnetic media or in other machine-readable form, according to standards furnished by the Franchise Tax Board or the Employment Development Department, as applicable.\n(g) Licensing boards shall provide to the Franchise Tax Board or the Employment Development Department the information required by this section at a time that the board or the department, as applicable, may require.\n(h) Notwithstanding Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code, a federal employer identification number, individual taxpayer identification number, or social security number furnished pursuant to this section shall not be deemed to be a public record and shall not be open to the public for inspection.\n(i) A deputy, agent, clerk, officer, or employee of a licensing board described in subdivision (a), or any former officer or employee or other individual who, in the course of his or her employment or duty, has or has had access to the information required to be furnished under this section, shall not disclose or make known in any manner that information, except as provided in this section to the Franchise Tax Board or the Employment Development Department or as provided in subdivision (k).\n(j) It is the intent of the Legislature in enacting this section to utilize the federal employer identification number, individual taxpayer identification number, or social security number for the purpose of establishing the identification of persons affected by state tax laws and for purposes of compliance with Section 17520 of the Family Code and, to that end, the information furnished pursuant to this section shall be used exclusively for those purposes.\n(k) If the board utilizes a national examination to issue a license, and if a reciprocity agreement or comity exists between the State of California and the state requesting release of the individual taxpayer identification number or social security number, any deputy, agent, clerk, officer, or employee of any licensing board described in subdivision (a) may release an individual taxpayer identification number or social security number to an examination or licensing entity, only for the purpose of verification of licensure or examination status.\n(l) For the purposes of enforcement of Section 17520 of the Family Code, and notwithstanding any other law, a board, as defined in Section 22, and the State Bar and the Bureau of Real Estate shall at the time of issuance of the license require that each licensee provide the individual taxpayer identification number or social security number of each individual listed on the license and any person who qualifies for the license. For the purposes of this subdivision, \u201clicensee\u201d means an entity that is issued a license by any board, as defined in Section 22, the State Bar, the Bureau of Real Estate, and the Department of Motor Vehicles.\nSEC. 2.\nSection 7011.4 of the Business and Professions Code is amended to read:\n7011.4.\n(a) Notwithstanding Section 7011, there is in the Contractors\u2019 State License Board, a separate enforcement division that shall rigorously enforce this chapter prohibiting all forms of unlicensed activity and shall enforce the obligation to secure the payment of valid and current workers\u2019 compensation insurance in accordance with Section 3700.5 of the Labor Code.\n(b) Persons employed as enforcement representatives of the Contractors\u2019 State License Board and designated by the Director of Consumer Affairs shall have the authority to issue a written notice to appear in court pursuant to Chapter 5C (commencing with Section 853.5) of Title 3 of Part 2 of the Penal Code. An employee so designated is not a peace officer and is not entitled to safety member retirement benefits as a result of that designation. He or she does not have the power of arrest.\n(c) When participating in the activities of the Joint Enforcement Strike Force on the Underground Economy pursuant to Section 329 of the Unemployment Insurance Code, the enforcement division shall have free access to all places of labor.\nSEC. 3.\nSection 7125.4 of the Business and Professions Code is amended to read:\n7125.4.\n(a) The filing of the exemption certificate prescribed by this article that is false, or the employment of a person subject to coverage under the workers\u2019 compensation laws after the filing of an exemption certificate without first filing a Certificate of Workers\u2019 Compensation Insurance or Certification of Self-Insurance in accordance with the provisions of this article, or the employment of a person subject to coverage under the workers\u2019 compensation laws without maintaining coverage for that person, constitutes cause for disciplinary action.\n(b) Any qualifier for a license who, under Section 7068.1, is responsible for assuring that a licensee complies with the provisions of this chapter is also guilty of a misdemeanor for committing or failing to prevent the commission of any of the acts that are cause for disciplinary action under this section.","title":""}
{"_id":"c303","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 42008.8 of the Vehicle Code is amended to read:\n42008.8.\n(a) The Legislature finds and declares that a one-time infraction amnesty program would do all of the following:\n(1) Provide relief to individuals who have found themselves in violation of a court-ordered obligation because they have unpaid traffic bail or fines.\n(2) Provide relief to individuals who have found themselves in violation of a court-ordered obligation or who have had their driving privileges suspended pursuant to Section 13365.\n(3) Provide increased revenue at a time when revenue is scarce by encouraging payment of old fines that have remained unpaid.\n(4) Allow courts and counties to resolve older delinquent cases and focus limited resources on collections for more recent cases.\n(b) A one-time amnesty program for unpaid fines and bail meeting the eligibility requirements set forth in subdivision (g) shall be established in each county. Unless agreed otherwise by the court and the county in writing, the government entities that are responsible for the collection of delinquent court-ordered debt shall be responsible for implementation of the amnesty program as to that debt, maintaining the same division of responsibility in place with respect to the collection of court-ordered debt under subdivision (b) of Section 1463.010 of the Penal Code.\n(c) As used in this section, the term \u201cfine\u201d or \u201cbail\u201d refers to the total amounts due in connection with a specific violation, including, but not limited to, all of the following:\n(1) Base fine or bail, as established by court order, by statute, or by the court\u2019s bail schedule.\n(2) Penalty assessments imposed pursuant to Section 1464 of the Penal Code, and Sections 70372, 76000, 76000.5, 76104.6, and 76104.7 of, and paragraph (1) of subdivision (c) of Section 76000.10 of, the Government Code, and Section 42006 of this code.\n(3) State surcharges imposed pursuant to Section 1465.7 of the Penal Code.\n(4) Court operations assessments imposed pursuant to Section 1465.8 of the Penal Code.\n(5) Criminal conviction assessments pursuant to Section 70373 of the Government Code.\n(d) Notwithstanding subdivision (c), any civil assessment imposed pursuant to Section 1214.1 of the Penal Code shall not be collected, nor shall the payment of that assessment be a requirement of participation in the amnesty program.\n(e) Concurrent with the amnesty program established pursuant to subdivision (b), between October 1, 2015, to March 31, 2017, inclusive, the following shall apply:\n(1) The court shall, within 90 days, issue and file the appropriate certificate pursuant to subdivisions (a) and (b) of Section 40509 for any participant of the one-time amnesty program established pursuant to subdivision (b) demonstrating that the participant has appeared in court, paid the fine, or otherwise satisfied the court, if the driving privilege of that participant was suspended pursuant to Section 13365 in connection with a specific violation described in paragraph (1), (2), or (3) of subdivision (g). For applications submitted prior to January 1, 2017, that remain outstanding as of that date, the court shall issue and file the certificate no later than March 31, 2017. For applications submitted on or before March 31, 2017, all terms and procedures related to the participant\u2019s payment plans shall remain in effect after March 31, 2017.\n(2) The court shall, within 90 days, issue and file with the department the appropriate certificate pursuant to subdivisions (a) and (b) of Section 40509 for any person in good standing in a comprehensive collection program pursuant to subdivision (c) of Section 1463.007 of the Penal Code demonstrating that the person has appeared in court, paid the fine, or otherwise satisfied the court, if the driving privilege was suspended pursuant to Section 13365 in connection with a specific violation described in paragraph (1), (2), or (3) of subdivision (g). For applications submitted prior to January 1, 2017, that remain outstanding as of that date, the court shall issue and file the certificate no later than March 31, 2017. For applications submitted on or before March 31, 2017, all terms and procedures related to the participant\u2019s payment plans shall remain in effect after March 31, 2017.\n(3) Any person who is eligible for a driver\u2019s license pursuant to Section 12801, 12801.5, or 12801.9 shall be eligible for the amnesty program established pursuant to subdivision (b) for any specific violation described in subdivision (g). The department shall issue a driver\u2019s license to any person who is eligible pursuant to Section 12801, 12801.5, or 12801.9 if the person is participating in the amnesty program and is otherwise eligible for the driver\u2019s license but for the fines or bail to be collected through the program.\n(4) The Department of Motor Vehicles shall not deny reinstating the driving privilege of any person who participates in the amnesty program established pursuant to subdivision (b) for any fines or bail in connection with the specific violation that is the basis for participation in the amnesty program.\n(f) In addition to, and at the same time as, the mandatory one-time amnesty program is established pursuant to subdivision (b), the court and the county may jointly agree to extend that amnesty program to fines and bail imposed for a misdemeanor violation of this code and a violation of Section 853.7 of the Penal Code that was added to the misdemeanor case otherwise subject to the amnesty. The amnesty program authorized pursuant to this subdivision shall not apply to parking violations and violations of Sections 23103, 23104, 23105, 23152, and 23153.\n(g) A violation is only eligible for amnesty if paragraph (1), (2), or (3) applies, and the requirements of paragraphs (4) to (8), inclusive, are met:\n(1) The violation is an infraction violation filed with the court.\n(2) It is a violation of subdivision (a) or (b) of Section 40508, or a violation of Section 853.7 of the Penal Code that was added to the case subject to paragraph (1).\n(3) The violation is a misdemeanor violation filed with the court to which subdivision (f) applies.\n(4) The initial due date for payment of the fine or bail was on or before January 1, 2013.\n(5) There are no outstanding misdemeanor or felony warrants for the defendant within the county, except for misdemeanor warrants for misdemeanor violations subject to this section.\n(6) The person does not owe victim restitution on any case within the county.\n(7) The person has not made any payments for the violation after September 30, 2015, to a comprehensive collection program in the county pursuant to subdivision (c) of Section 1463.007 of the Penal Code.\n(8) The person filed a request with the court on or before March 31, 2017.\n(h) (1) Except as provided in paragraph (2), each amnesty program shall accept, in full satisfaction of any eligible fine or bail, 50 percent of the fine or bail amount, as defined in subdivision (c).\n(2) If the participant certifies under penalty of perjury that he or she receives any of the public benefits listed in subdivision (a) of Section 68632 of the Government Code or is within the conditions described in subdivision (b) of Section 68632 of the Government Code, the amnesty program shall accept, in full satisfaction of any eligible fine or bail, 20 percent of the fine or bail amount, as defined in subdivision (c).\n(i) The Judicial Council, in consultation with the California State Association of Counties, shall adopt guidelines for the amnesty program no later than October 1, 2015, and each program shall be conducted in accordance with the Judicial Council\u2019s guidelines. As part of its guidelines, the Judicial Council shall include all of the following:\n(1) Each court or county responsible for implementation of the amnesty program pursuant to subdivision (b) shall recover costs pursuant to subdivision (a) of Section 1463.007 of the Penal Code and may charge an amnesty program fee of fifty dollars ($50) that may be collected with the receipt of the first payment of a participant.\n(2) A payment plan option created pursuant to Judicial Council guidelines in which a monthly payment is equal to the amount that an eligible participant can afford to pay per month consistent with Sections 68633 and 68634 of the Government Code. If a participant chooses the payment plan option, the county or court shall collect all relevant information to allow for collection by the Franchise Tax Board pursuant to existing protocols prescribed by the Franchise Tax Board to collect delinquent debts of any amount in which a participant is delinquent or otherwise in default under his or her amnesty payment plan.\n(3) If a participant does not comply with the terms of his or her payment plan under the amnesty program, including failing to make one or more payments, the appropriate agency shall send a notice to the participant that he or she has failed to make one or more payments and that the participant has 30 days to either resume making payments or to request that the agency change the payment amount. If the participant fails to respond to the notice within 30 days, the appropriate agency may refer the participant to the Franchise Tax Board for collection of any remaining balance owed, including an amount equal to the reasonable administrative costs incurred by the Franchise Tax Board to collect the delinquent amount owed. The Franchise Tax Board shall collect any delinquent amounts owed pursuant to existing protocols prescribed by the Franchise Tax Board. The comprehensive collection program may also utilize additional collection efforts pursuant to Section 1463.007 of the Penal Code, except for subparagraph (C) of paragraph (4) of subdivision (c) of that section.\n(4) A plan for outreach that will, at a minimum, make available via an Internet Web site relevant information regarding the amnesty program, including how an individual may participate in the amnesty program.\n(5) The Judicial Council shall reimburse costs incurred by the Department of Motor Vehicles up to an amount not to exceed two hundred fifty thousand dollars ($250,000), including all of the following:\n(A) Providing on a separate insert with each motor vehicle registration renewal notice a summary of the amnesty program established pursuant to this section that is compliant with Section 7292 of the Government Code.\n(B) Posting on the department\u2019s Internet Web site information regarding the amnesty program.\n(C) Personnel costs associated with the amnesty program.\n(j) The Judicial Council, in consultation with the department, may, within its existing resources, consider, adopt, or develop recommendations for an appropriate mechanism or mechanisms to allow reinstatement of the driving privilege of any person who otherwise meets the criteria for amnesty but who has violations in more than one county.\n(k) A criminal action shall not be brought against a person for a delinquent fine or bail paid under the amnesty program.\n(l) (1) The total amount of funds collected under the amnesty program shall, as soon as practical after receipt thereof, be deposited in the county treasury or the account established under Section 77009 of the Government Code. After acceptance of the amount specified in subdivision (h), notwithstanding Section 1203.1d of the Penal Code, the remaining revenues collected under the amnesty program shall be distributed on a pro rata basis in the same manner as a partial payment distributed pursuant to Section 1462.5 of the Penal Code.\n(2) Notwithstanding Section 1464 of the Penal Code, the amount of funds collected pursuant to this section that would be available for distribution pursuant to subdivision (f) of Section 1464 of the Penal Code shall instead be distributed as follows:\n(A) The first two hundred fifty thousand dollars ($250,000) received shall be transferred to the Judicial Council.\n(B) Following the transfer of the funds described in subparagraph (A), once a month, both of the following transfers shall occur:\n(i) An amount equal to 82.20 percent of the amount of funds collected pursuant to this section during the preceding month shall be transferred into the Peace Officers\u2019 Training Fund.\n(ii) An amount equal to 17.80 percent of the amount of funds collected pursuant to this section during the preceding month shall be transferred into the Corrections Training Fund.\n(m) Each court or county implementing an amnesty program shall file, not later than May 31, 2017, a written report with the Judicial Council, on a form approved by the Judicial Council. The report shall include information about the number of cases resolved, the amount of money collected, and the operating costs of the amnesty program. Notwithstanding Section 10231.5 of the Government Code, on or before August 31, 2017, the Judicial Council shall submit a report to the Legislature summarizing the information provided by each court or county.","title":""}
{"_id":"c419","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nThe Legislature finds and declares all of the following:\n(a) All citizens should be able to make their voices heard in the political process and hold their elected officials accountable.\n(b) Elections for local or state elective office should be fair, open, and competitive.\n(c) The increasing costs of political campaigns can force candidates to rely on large contributions from wealthy donors and special interests, which can give those wealthy donors and special interests disproportionate influence over governmental decisions.\n(d) Such disproportionate influence can undermine the public\u2019s trust that public officials are performing their duties in an impartial manner and that government is serving the needs and responding to the wishes of all citizens equally, without regard to their wealth.\n(e) Special interests contribute more to incumbents than challengers because they seek access to elected officials, and such contributions account for a large portion of the financial incumbency advantage, as confirmed by recent studies such as those published in the Journal of Politics in 2014 and Political Research Quarterly in 2016.\n(f) Citizen-funded election programs, in which qualified candidates can receive public funds for the purpose of communicating with voters rather than relying exclusively on private donors, have been enacted in six charter cities in California, as well as numerous other local and state jurisdictions.\n(g) Citizen-funded election programs encourage competition by reducing the financial advantages of incumbency and making it possible for citizens from all walks of life, not only those with connections to wealthy donors or special interests, to run for office, as confirmed by recent studies such as those published in State Politics and Policy Quarterly in 2008, and by the Campaign Finance Institute in 2015 and the National Institute of Money in State Politics in 2016.\n(h) By reducing reliance on wealthy donors and special interests, citizen-funded election programs inhibit improper practices, protect against corruption or the appearance of corruption, and protect the political integrity of our governmental institutions.\n(i) In Johnson v. Bradley (1992) 4 Cal.4th 389, the California Supreme Court commented that \u201cit seems obvious that public money reduces rather than increases the fund raising pressures on public office seekers and thereby reduces the undue influence of special interest groups.\u201d\n(j) In Buckley v. Valeo (1976) 424 U.S. 1, the United States Supreme Court recognized that \u201cpublic financing as a means of eliminating the improper influence of large private contributions furthers a significant governmental interest.\u201d\n(k) In Arizona Free Enterprise v. Bennett (2011) 564 U.S. 721, the United States Supreme Court acknowledged that public financing of elections \u201ccan further \u2018significant governmental interest[s]\u2019 such as the state interest in preventing corruption,\u201d quoting Buckley v. Valeo.\n(l) In Buckley v. Valeo, the United States Supreme Court further noted that citizen-funded elections programs \u201cfacilitate and enlarge public discussion and participation in the electoral process, goals vital to a self-governing people.\u201d\n(m) The absolute prohibition on public campaign financing allows special interests to gain disproportionate influence and unfairly favors incumbents. An exception should be created to permit citizen-funded election programs so that elections may be conducted more fairly.\nSEC. 2.\nSection 85300 of the Government Code is amended to read:\n85300.\n(a) Except as provided in subdivision (b), a public officer shall not expend, and a candidate shall not accept, any public moneys for the purpose of seeking elective office.\n(b) A public officer or candidate may expend or accept public moneys for the purpose of seeking elective office if the state or a local governmental entity establishes a dedicated fund for this purpose by statute, ordinance, resolution, or charter, and both of the following are true:\n(1) Public moneys held in the fund are available to all qualified, voluntarily participating candidates for the same office without regard to incumbency or political party preference.\n(2) The state or local governmental entity has established criteria for determining a candidate\u2019s qualification by statute, ordinance, resolution, or charter.\nSEC. 3.\nSection 89519.5 is added to the Government Code, to read:\n89519.5.\n(a) An officeholder who is convicted of a felony enumerated in Section 20 of the Elections Code, and whose conviction has become final, shall use funds held by the officeholder\u2019s candidate controlled committee only for the following purposes:\n(1) The payment of outstanding campaign debts or elected officer\u2019s expenses.\n(2) The repayment of contributions.\n(b) Six months after the conviction becomes final, the officeholder shall forfeit any remaining funds subject to subdivision (a), and these funds shall be deposited in the General Fund.\n(c) This section does not apply to funds held by a ballot measure committee or in a legal defense fund formed pursuant to Section 85304.\nSEC. 4.\nThe provisions of this bill are severable. If any provision of this bill 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.\nSEC. 5.\nNo reimbursement is required by this act pursuant to Section 6 of Article XIII\u2009B 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\u2009B of the California Constitution.\nSEC. 6.\nThe 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.","title":""}
{"_id":"c299","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 4030 of the Penal Code is amended to read:\n4030.\n(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.\n(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.\n(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.\n(c) As used in this section the following definitions shall apply:\n(1) \u201cBody cavity\u201d only means the stomach or rectal cavity of a person, and vagina of a female person.\n(2) \u201cPhysical body cavity search\u201d means physical intrusion into a body cavity for the purpose of discovering any object concealed in the body cavity.\n(3) \u201cStrip search\u201d 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 such person.\n(4) \u201cVisual body cavity search\u201d means visual inspection of a body cavity.\n(d) Notwithstanding any other law, including Section 40304.5 of the Vehicle Code, when 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.\n(e) A person 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.\n(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:\n(A) The person is not cited and released.\n(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.\n(C) The person is not able to post bail within a reasonable time, not less than three hours.\n(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.\n(g) A person 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.\n(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\u2019s 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\u2019s records and made available, upon request, to the person searched or his or her authorized representative.\n(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.\n(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.\n(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.\n(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.\n(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(n) Nothing in this section shall be construed as limiting the common law or statutory rights of a person regarding an action for damages or injunctive relief, or as precluding the prosecution under another law of a peace officer or other person who has violated this section.\n(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\u2019s fees.\nSEC. 2.\nSection 4031 is added to the Penal Code, to read:\n4031.\n(a) This section applies to all minors detained in a juvenile detention center on the grounds that he or she is a person described in Section 300, 601, or 602 of the Welfare and Institutions Code, and all minors adjudged a ward of the court and held in a juvenile detention center on the grounds he or she is a person described in Section 300, 601, or 602 of the Welfare and Institutions Code.\n(b) Persons conducting a strip search or a visual body cavity search shall not touch the breasts, buttocks, or genitalia of the person being searched.\n(c) 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, wards, and inmates of the facility may conduct physical body cavity searches.\n(d) 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.\n(e) All strip searches and 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.\n(f) A person who knowingly and willfully authorizes or conducts a strip searches and visual or physical body cavity search in violation of this section is guilty of a misdemeanor.\n(g) Nothing in this section shall be construed as limiting the common law or statutory rights of a person regarding an action for damages or injunctive relief, or as precluding the prosecution under another law of a peace officer or other person who has violated this section.\n(h) 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\u2019s fees.\n(i) This section does not limit the protections granted by Section 4030 to individuals described in subdivision (b) of that section.\nSEC. 3.\nNo reimbursement is required by this act pursuant to Section 6 of Article XIII\u2009B 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\u2009B of the California Constitution.\nHowever, 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.","title":""}
{"_id":"c192","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 186.9 of the Penal Code is amended to read:\n186.9.\nAs used in this chapter:\n(a) \u201cConducts\u201d includes, but is not limited to, initiating, concluding, or participating in conducting, initiating, or concluding a transaction.\n(b) \u201cFinancial institution\u201d means, when located or doing business in this state, any national bank or banking association, state bank or banking association, commercial bank or trust company organized under the laws of the United States or any state, any private bank, industrial savings bank, savings bank or thrift institution, savings and loan association, or building and loan association organized under the laws of the United States or any state, any insured institution as defined in Section 401 of the National Housing Act (former 12 U.S.C. Sec. 1724(a)), any credit union organized under the laws of the United States or any state, any national banking association or corporation acting under Chapter 6 (commencing with Section 601) of Title 12 of the United States Code, any agency, agent or branch of a foreign bank, any currency dealer or exchange, any person or business engaged primarily in the cashing of checks, any person or business who regularly engages in the issuing, selling, or redeeming of traveler\u2019s checks, money orders, or similar instruments, any broker or dealer in securities registered or required to be registered with the Securities and Exchange Commission under the Securities Exchange Act of 1934 or with the Commissioner of Corporations under Part 3 (commencing with Section 25200) of Division 1 of Title 4 of the Corporations Code, any licensed transmitter of funds or other person or business regularly engaged in transmitting funds to a foreign nation for others, any investment banker or investment company, any insurer, any dealer in gold, silver, or platinum bullion or coins, diamonds, emeralds, rubies, or sapphires, any pawnbroker, any telegraph company, any person or business regularly engaged in the delivery, transmittal, or holding of mail or packages, any person or business that conducts a transaction involving the transfer of title to any real property, vehicle, vessel, or aircraft, any personal property broker, any person or business acting as a real property securities dealer within the meaning of Section 10237 of the Business and Professions Code, whether licensed to do so or not, any person or business acting within the meaning and scope of subdivisions (d) and (e) of Section 10131 and Section 10131.1 of the Business and Professions Code, whether licensed to do so or not, any person or business regularly engaged in gaming within the meaning and scope of Section 330, any person or business regularly engaged in pool selling or bookmaking within the meaning and scope of Section 337a, any person or business regularly engaged in horse racing whether licensed to do so or not under the Business and Professions Code, any person or business engaged in the operation of a gambling ship within the meaning and scope of Section 11317, any person or business engaged in controlled gambling within the meaning and scope of subdivision (f) of Section 19805 of the Business and Professions Code, whether registered to do so or not, and any person or business defined as a \u201cbank,\u201d \u201cfinancial agency,\u201d or \u201cfinancial institution\u201d by Section 5312 of Title 31 of the United States Code or Section 1010.100 of Title 31 of the Code of Federal Regulations and any successor provisions thereto.\n(c) \u201cTransaction\u201d includes the deposit, withdrawal, transfer, bailment, loan, pledge, payment, or exchange of currency, or a monetary instrument, as defined by subdivision (d), or the electronic, wire, magnetic, or manual transfer of funds between accounts by, through, or to, a financial institution as defined by subdivision (b).\n(d) \u201cMonetary instrument\u201d means United States currency and coin; the currency, coin, and foreign bank drafts of any foreign country; payment warrants issued by the United States, this state, or any city, county, or city and county of this state or any other political subdivision thereof; any bank check, cashier\u2019s check, traveler\u2019s check, or money order; any personal check, stock, investment security, or negotiable instrument in bearer form or otherwise in a form in which title thereto passes upon delivery; gold, silver, or platinum bullion or coins; and diamonds, emeralds, rubies, or sapphires. Except for foreign bank drafts and federal, state, county, or city warrants, \u201cmonetary instrument\u201d does not include personal checks made payable to the order of a named party which have not been endorsed or which bear restrictive endorsements, and also does not include personal checks which have been endorsed by the named party and deposited by the named party into the named party\u2019s account with a financial institution.\n(e) \u201cCriminal activity\u201d means a criminal offense punishable under the laws of this state by death, imprisonment in the state prison, or imprisonment pursuant to subdivision (h) of Section 1170 or a criminal offense committed in another jurisdiction punishable under the laws of that jurisdiction by death or imprisonment for a term exceeding one year. \u201cCriminal activity\u201d also means a criminal offense specified in Section\n320,\n321, 322, 323, 326, 330a, 330b, 330c,\nor 330.1.\n330.1, or 330.4. This subdivision does not apply to any controlled game within the scope of Section 19943.5 of the Business and Professions Code that is approved by the Department of Justice.\n(f) \u201cForeign bank draft\u201d means a bank draft or check issued or made out by a foreign bank, savings and loan, casa de cambio, credit union, currency dealer or exchanger, check cashing business, money transmitter, insurance company, investment or private bank, or any other foreign financial institution that provides similar financial services, on an account in the name of the foreign bank or foreign financial institution held at a bank or other financial institution located in the United States or a territory of the United States.\nSEC. 2.\nNo reimbursement is required by this act pursuant to Section 6 of Article XIII\u2009B 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\u2009B of the California Constitution.","title":""}
{"_id":"c454","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nThe Legislature finds and declares all of the following:\n(a) The California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code) requires California to reduce the emissions of greenhouse gases to 1990 levels by 2020.\n(b) In January 2015, Governor Brown issued an executive order declaring a statewide goal of reducing petroleum use by 50 percent by 2030 in order to reduce the emissions of greenhouse gases.\n(c) To address the long-term goals of reducing the emissions of greenhouse gases in California, the Legislature enacted the California Alternative and Renewable Fuel, Vehicle Technology, Clean Air and Carbon Reduction Act of 2007 (Chapter 8.9 (commencing with Section 44270) of Part 5 of Division 26 of the Health and Safety Code) that established the Alternative and Renewable Fuel and Vehicle Technology Program to provide up to $100 million in grants each year to help California establish and expand alternative and renewable fuel production and infrastructure.\n(d) As policies that reduce the emissions of greenhouse gases and petroleum use go into effect, the job market will inevitably change, resulting in a greater emphasis on green jobs.\n(e) To ensure that the skills and technical training in existing industries are integrated into the new green economy, it is incumbent on the state to foster earn-and-learn pathways and additional training opportunities to transition workers from the carbon-based economy to jobs focused on alternative and renewable fuels to match growing demand.\nSEC. 2.\nSection 44272 of the Health and Safety Code is amended to read:\n44272.\n(a) The Alternative and Renewable Fuel and Vehicle Technology Program is hereby created. The program shall be administered by the commission. The commission shall implement the program by regulation pursuant to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The program shall provide, upon appropriation by the Legislature, competitive grants, revolving loans, loan guarantees, loans, or other appropriate funding measures to public agencies, vehicle and technology entities, businesses and projects, public-private partnerships, workforce training partnerships and collaboratives, fleet owners, consumers, recreational boaters, and academic institutions to develop and deploy innovative technologies that transform California\u2019s fuel and vehicle types to help attain the state\u2019s climate change policies. The emphasis of this program shall be to develop and deploy technology and alternative and renewable fuels in the marketplace, without adopting any one preferred fuel or technology.\n(b) A project that receives more than seventy-five thousand dollars ($75,000) in funds from the commission shall be approved at a noticed public meeting of the commission and shall be consistent with the priorities established by the investment plan adopted pursuant to Section 44272.5. Under this article, the commission may delegate to the commission\u2019s executive director, or his or her designee, the authority to approve either of the following:\n(1) A contract, grant, loan, or other agreement or award that receives seventy-five thousand dollars ($75,000) or less in funds from the commission.\n(2) Amendments to a contract, grant, loan, or other agreement or award as long as the amendments do not increase the amount of the award, change the scope of the project, or modify the purpose of the agreement.\n(c) The commission shall provide preferences to those projects that maximize the goals of the Alternative and Renewable Fuel and Vehicle Technology Program, based on the following criteria, as applicable:\n(1) The project\u2019s ability to provide a measurable transition from the nearly exclusive use of petroleum fuels to a diverse portfolio of viable alternative fuels that meet petroleum reduction and alternative fuel use goals.\n(2) The project\u2019s consistency with existing and future state climate change policy and low-carbon fuel standards.\n(3) The project\u2019s ability to reduce criteria air pollutants and air toxics and reduce or avoid multimedia environmental impacts.\n(4) The project\u2019s ability to decrease, on a life-cycle basis, the discharge of water pollutants or any other substances known to damage human health or the environment, in comparison to the production and use of California Phase 2 Reformulated Gasoline or diesel fuel produced and sold pursuant to California diesel fuel regulations set forth in Article 2 (commencing with Section 2280) of Chapter 5 of Division 3 of Title 13 of the California Code of Regulations.\n(5) The project does not adversely impact the sustainability of the state\u2019s natural resources, especially state and federal lands.\n(6) The project provides nonstate matching funds. Costs incurred from the date a proposed award is noticed may be counted as nonstate matching funds. The commission may adopt further requirements for the purposes of this paragraph. The commission is not liable for costs incurred pursuant to this paragraph if the commission does not give final approval for the project or the proposed recipient does not meet requirements adopted by the commission pursuant to this paragraph.\n(7) The project provides economic benefits for California by promoting California-based technology firms, jobs, and businesses.\n(8) The project uses existing or proposed fueling infrastructure to maximize the outcome of the project.\n(9) The project\u2019s ability to reduce on a life-cycle assessment greenhouse gas emissions by at least 10 percent, and higher percentages in the future, from current reformulated gasoline and diesel fuel standards established by the state board.\n(10) The project\u2019s use of alternative fuel blends of at least 20 percent, and higher blend ratios in the future, with a preference for projects with higher blends.\n(11) The project drives new technology advancement for vehicles, vessels, engines, and other equipment, and promotes the deployment of that technology in the marketplace.\n(12) The project\u2019s ability to transition workers to, or promote employment in, the alternative and renewable fuel and vehicle technology sector.\n(d) The commission shall rank applications for projects proposed for funding awards based on solicitation criteria developed in accordance with subdivision (c), and shall give additional preference to funding those projects with higher benefit-cost scores.\n(e) Only the following shall be eligible for funding:\n(1) Alternative and renewable fuel projects to develop and improve alternative and renewable low-carbon fuels, including electricity, ethanol, dimethyl ether, renewable diesel, natural gas, hydrogen, and biomethane, among others, and their feedstocks that have high potential for long-term or short-term commercialization, including projects that lead to sustainable feedstocks.\n(2) Demonstration and deployment projects that optimize alternative and renewable fuels for existing and developing engine technologies.\n(3) Projects to produce alternative and renewable low-carbon fuels in California.\n(4) Projects to decrease the overall impact of an alternative and renewable fuel\u2019s life-cycle carbon footprint and increase sustainability.\n(5) Alternative and renewable fuel infrastructure, fueling stations, and equipment. The preference in paragraph (10) of subdivision (c) shall not apply to renewable diesel or biodiesel infrastructure, fueling stations, and equipment used solely for renewable diesel or biodiesel fuel.\n(6) Projects to develop and improve light-, medium-, and heavy-duty vehicle technologies that provide for better fuel efficiency and lower greenhouse gas emissions, alternative fuel usage and storage, or emission reductions, including propulsion systems, advanced internal combustion engines with a 40 percent or better efficiency level over the current market standard, lightweight materials, intelligent transportation systems, energy storage, control systems and system integration, physical measurement and metering systems and software, development of design standards and testing and certification protocols, battery recycling and reuse, engine and fuel optimization electronic and electrified components, hybrid technology, plug-in hybrid technology, battery electric vehicle technology, fuel cell technology, and conversions of hybrid technology to plug-in technology through the installation of safety certified supplemental battery modules.\n(7) Programs and projects that accelerate the commercialization of vehicles and alternative and renewable fuels including buy-down programs through near-market and market-path deployments, advanced technology warranty or replacement insurance, development of market niches, supply-chain development, and research related to the pedestrian safety impacts of vehicle technologies and alternative and renewable fuels.\n(8) Programs and projects to retrofit medium- and heavy-duty onroad and nonroad vehicle fleets with technologies that create higher fuel efficiencies, including alternative and renewable fuel vehicles and technologies, idle management technology, and aerodynamic retrofits that decrease fuel consumption.\n(9) Infrastructure projects that promote alternative and renewable fuel infrastructure development connected with existing fleets, public transit, and existing transportation corridors, including physical measurement or metering equipment and truck stop electrification.\n(10) Workforce training programs related to the development and deployment of technologies that transform California\u2019s fuel and vehicle types and assist the state in implementing its climate change policies, including, but not limited to, alternative and renewable fuel feedstock production and extraction; renewable fuel production, distribution, transport, and storage; high-performance and low-emission vehicle technology and high tower electronics; automotive computer systems; mass transit fleet conversion, servicing, and maintenance; and other sectors or occupations related to the purposes of this chapter, including training programs to transition dislocated workers affected by the state\u2019s greenhouse gas emission policies, including those from fossil fuel sectors, or training programs for low-skilled workers to enter or continue in a career pathway that leads to middle skill, industry-recognized credentials or state-approved apprenticeship opportunities in occupations related to the purposes of this chapter.\n(11) Block grants or incentive programs administered by public entities or not-for-profit technology entities for multiple projects, education and program promotion within California, and development of alternative and renewable fuel and vehicle technology centers. The commission may adopt guidelines for implementing the block grant or incentive program, which shall be approved at a noticed public meeting of the commission.\n(12) Life-cycle and multimedia analyses, sustainability and environmental impact evaluations, and market, financial, and technology assessments performed by a state agency to determine the impacts of increasing the use of low-carbon transportation fuels and technologies, and to assist in the preparation of the investment plan and program implementation.\n(13) A program to provide funding for homeowners who purchase a plug-in electric vehicle to offset costs associated with modifying electrical sources to include a residential plug-in electric vehicle charging station. In establishing this program, the commission shall consider funding criteria to maximize the public benefit of the program.\n(f) The commission may make a single source or sole source award pursuant to this section for applied research. The same requirements set forth in Section 25620.5 of the Public Resources Code shall apply to awards made on a single source basis or a sole source basis. This subdivision does not authorize the commission to make a single source or sole source award for a project or activity other than for applied research.\n(g) The commission may do all of the following:\n(1) Contract with the Treasurer to expend funds through programs implemented by the Treasurer, if the expenditure is consistent with all of the requirements of this article and Article 1 (commencing with Section 44270).\n(2) Contract with small business financial development corporations established by the Governor\u2019s Office of Business and Economic Development to expend funds through the Small Business Loan Guarantee Program if the expenditure is consistent with all of the requirements of this article and Article 1 (commencing with Section 44270).\n(3) Advance funds, pursuant to an agreement with the commission, to any of the following:\n(A) A public entity.\n(B) A recipient to enable it to make advance payments to a public entity that is a subrecipient of the funds and under a binding and enforceable subagreement with the recipient.\n(C) An administrator of a block grant program.\n(h) The commission shall collaborate with entities that have expertise in workforce development to implement the workforce development components of this section, including, but not limited to, the California Workforce Development Board, the Employment Training Panel, the Employment Development Department, and the Division of Apprenticeship Standards.","title":""}
{"_id":"c368","text":"The people of the State of California do enact as follows:\n\n\nSECTION 1.\nSection 667.1 of the Penal Code is amended to read:\n667.1.\nNotwithstanding subdivision (h) of Section 667, for all offenses committed on or after\nNovember 7, 2012,\nJanuary 1, 2017,\nall references to existing statutes in subdivisions (c) to (g), inclusive, of Section 667, are to those statutes as they existed on\nNovember 7, 2012.\nJanuary 1, 2017.\nSEC. 2.\nSection 667.5 of the Penal Code is amended to read:\n667.5.\nEnhancement of prison terms for new offenses because of prior prison terms shall be imposed as follows:\n(a)\nWhere\nIf\none of the new offenses is one of the violent felonies specified in subdivision (c), in addition to and consecutive to any other prison terms therefor, the court shall impose a three-year term for each prior separate prison term served by the defendant\nwhere\nif\nthe prior offense was one of the violent felonies specified in subdivision (c). However, no additional term shall be imposed under this subdivision for any prison term served prior to a period of 10 years in which the defendant remained free of both prison custody and the commission of an offense which results in a felony conviction.\n(b) Except\nwhere\nif\nsubdivision (a) applies,\nwhere\nif\nthe new offense is any felony for which a prison sentence or a sentence of imprisonment in a county jail under subdivision (h) of Section 1170 is imposed or is not suspended, in addition and consecutive to any other sentence therefor, the court shall impose a one-year term for each prior separate prison term or county jail term imposed under subdivision (h) of Section 1170 or\nwhen\nif the\nsentence is not suspended for any\nfelony; provided that no\nfelony. An\nadditional term shall\nnot\nbe imposed under this subdivision for any prison term or county jail term imposed under subdivision (h) of Section 1170 or\nwhen\nif the\nsentence is not suspended prior to a period of five years in which the defendant remained free of both the commission of an offense which results in a felony conviction, and prison custody or the imposition of a term of jail custody imposed under subdivision (h) of Section 1170 or any felony sentence that is not suspended. A term imposed under the provisions of paragraph (5) of subdivision (h) of Section 1170, wherein a portion of the term is suspended by the court to allow mandatory supervision, shall qualify as a prior county jail term for the purposes of the one-year enhancement.\n(c) For the purpose of this section, \u201cviolent felony\u201d shall mean any of the following:\n(1) Murder or voluntary manslaughter.\n(2) Mayhem.\n(3) Rape as defined in paragraph (2) or (6) of subdivision (a) of Section 261 or paragraph (1) or (4) of subdivision (a) of Section 262.\n(4) Sodomy as defined in subdivision (c) or (d) of Section 286.\n(5) Oral copulation as defined in subdivision (c) or (d) of Section 288a.\n(6) Lewd or lascivious act as defined in subdivision (a) or (b) of Section 288.\n(7) Any felony punishable by death or imprisonment in the state prison for life.\n(8) Any felony in which the defendant inflicts great bodily injury on any person other than an accomplice which has been charged and proved as provided for in Section 12022.7, 12022.8, or 12022.9 on or after July 1, 1977, or as specified prior to July 1, 1977, in Sections 213, 264, and 461, or any felony in which the defendant uses a firearm which use has been charged and proved as provided in subdivision (a) of Section 12022.3, or Section 12022.5 or 12022.55.\n(9) Any robbery.\n(10) Arson, in violation of subdivision (a) or (b) of Section 451.\n(11) Sexual penetration as defined in subdivision (a) or (j) of Section 289.\n(12) Attempted murder.\n(13) A violation of Section 18745, 18750, or 18755.\n(14) Kidnapping.\n(15) Assault with the intent to commit a specified felony, in violation of Section 220.\n(16) Continuous sexual abuse of a child, in violation of Section 288.5.\n(17) Carjacking, as defined in subdivision (a) of Section 215.\n(18) Rape, spousal rape, or sexual penetration, in concert, in violation of Section 264.1.\n(19) Extortion, as defined in Section 518, which would constitute a felony violation of Section 186.22.\n(20) Threats to victims or witnesses, as defined in Section 136.1, which would constitute a felony violation of Section 186.22.\n(21) Any burglary of the first degree, as defined in subdivision (a) of Section 460, wherein it is charged and proved that another person, other than an accomplice, was present in the residence during the commission of the burglary.\n(22) Any violation of Section 12022.53.\n(23) A violation of subdivision (b) or (c) of Section 11418. The Legislature finds and declares that these specified crimes merit special consideration when imposing a sentence to display society\u2019s condemnation for these extraordinary crimes of violence against the person.\n(24) Human trafficking, in violation of Section 236.1.\n(d) For the purposes of this section, the defendant shall be deemed to remain in prison custody for an offense until the official discharge from custody, including any period of mandatory supervision, or until release on parole or postrelease community supervision, whichever first occurs, including any time during which the defendant remains subject to reimprisonment or custody in county jail for escape from custody or is reimprisoned on revocation of parole or postrelease community supervision. The additional penalties provided for prior prison terms shall not be imposed unless they are charged and admitted or found true in the action for the new offense.\n(e) The additional penalties provided for prior prison terms shall not be imposed for any felony for which the defendant did not serve a prior separate term in state prison or in county jail under subdivision (h) of Section 1170.\n(f) A prior conviction of a felony shall include a conviction in another jurisdiction for an offense which, if committed in California, is punishable by imprisonment in the state prison or in county jail under subdivision (h) of Section 1170 if the defendant served one year or more in prison for the offense in the other jurisdiction. A prior conviction of a particular felony shall include a conviction in another jurisdiction for an offense which includes all of the elements of the particular felony as defined under California law if the defendant served one year or more in prison for the offense in the other jurisdiction.\n(g) A prior separate prison term for the purposes of this section shall mean a continuous completed period of prison incarceration imposed for the particular offense alone or in combination with concurrent or consecutive sentences for other crimes, including any reimprisonment on revocation of parole which is not accompanied by a new commitment to prison, and including any reimprisonment after an escape from incarceration.\n(h) Serving a prison term includes any confinement time in any state prison or federal penal institution as punishment for commission of an offense, including confinement in a hospital or other institution or facility credited as service of prison time in the jurisdiction of the confinement.\n(i) For the purposes of this section, a commitment to the State Department of Mental Health, or its successor the State Department of State Hospitals, as a mentally disordered sex offender following a conviction of a felony, which commitment exceeds one year in duration, shall be deemed a prior prison term.\n(j) For the purposes of this section, when a person subject to the custody, control, and discipline of the Secretary of the Department of Corrections and Rehabilitation is incarcerated at a facility operated by the Division of Juvenile Justice, that incarceration shall be deemed to be a term served in state prison.\n(k) (1) Notwithstanding subdivisions (d) and (g) or any other provision of law, where one of the new offenses is committed while the defendant is temporarily removed from prison pursuant to Section 2690 or while the defendant is transferred to a community facility pursuant to Section 3416, 6253, or 6263, or while the defendant is on furlough pursuant to Section 6254, the defendant shall be subject to the full enhancements provided for in this section.\n(2) This subdivision\nshall\ndoes\nnot apply\nwhen\nif\na full, separate, and consecutive term is imposed pursuant to any other provision of law.\nSEC. 3.\nSection 1170.125 of the Penal Code is amended to read:\n1170.125.\nNotwithstanding Section 2 of Proposition 184, as adopted at the November 8, 1994, General Election, for all offenses committed on or after\nNovember 7, 2012,\nJanuary 1, 2017,\nall references to existing statutes in Sections 1170.12 and 1170.126 are to those sections as they existed on\nNovember 7, 2012.\nJanuary 1, 2017.\nSEC. 4.\nNo reimbursement is required by this act pursuant to Section 6 of Article XIII\u2009B 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\u2009B of the California Constitution.\nSECTION 1.\nSection 600 of the\nHarbors and Navigation Code\nis amended to read:\n600.\nAs used in this chapter:\n(a)\u201cWatercraft\u201d means any boat, ship, barge, craft or floating thing designed for navigation in the water.\n(b)\u201cNonresident\u201d means a person who is not a resident of this state at the time the accident or collision occurs or at the time a cause of action or claim for relief arises against him, and also means a person who, at the time the accident or collision occurs or at the time a cause of action or claim for relief arises against him is a resident of this state but subsequently becomes a nonresident of this state.","title":""}