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The people of the State of California do enact as follows: SECTION 1. Section 10295.35 is added to the Public Contract Code, to read: 10295.35. (a) (1) Notwithstanding any other law, a state agency shall not enter into any contract for the acquisition of goods or services in the amount of one hundred thousand dollars ($100,000) or more with a contractor that, in the provision of benefits, discriminates between employees on the basis of an employee’s or dependent’s actual or perceived gender identity, including, but not limited to, the employee’s or dependent’s identification as transgender. (2) For purposes of this section, “contract” includes contracts with a cumulative amount of one hundred thousand dollars ($100,000) or more per contractor in each fiscal year. (3) For purposes of this section, an employee health plan is discriminatory if the plan is not consistent with Section 1365.5 of the Health and Safety Code and Section 10140 of the Insurance Code. (4) The requirements of this section shall apply only to those portions of a contractor’s operations that occur under any of the following conditions: (A) Within the state. (B) On real property outside the state if the property is owned by the state or if the state has a right to occupy the property, and if the contractor’s presence at that location is connected to a contract with the state. (C) Elsewhere in the United States where work related to a state contract is being performed. (b) Contractors shall treat as confidential, to the maximum extent allowed by law or by the requirement of the contractor’s insurance provider, any request by an employee or applicant for employment benefits or any documentation of eligibility for benefits submitted by an employee or applicant for employment. (c) After taking all reasonable measures to find a contractor that complies with this section, as determined by the state agency, the requirements of this section may be waived under any of the following circumstances: (1) There is only one prospective contractor willing to enter into a specific contract with the state agency. (2) The contract is necessary to respond to an emergency, as determined by the state agency, that endangers the public health, welfare, or safety, or the contract is necessary for the provision of essential services, and no entity that complies with the requirements of this section capable of responding to the emergency is immediately available. (3) The requirements of this section violate, or are inconsistent with, the terms or conditions of a grant, subvention, or agreement, if the agency has made a good faith attempt to change the terms or conditions of any grant, subvention, or agreement to authorize application of this section. (4) The contractor is providing wholesale or bulk water, power, or natural gas, the conveyance or transmission of the same, or ancillary services, as required for ensuring reliable services in accordance with good utility practice, if the purchase of the same cannot practically be accomplished through the standard competitive bidding procedures and the contractor is not providing direct retail services to end users. (d) (1) A contractor shall not be deemed to discriminate in the provision of benefits if the contractor, in providing the benefits, pays the actual costs incurred in obtaining the benefit. (2) If a contractor is unable to provide a certain benefit, despite taking reasonable measures to do so, the contractor shall not be deemed to discriminate in the provision of benefits. (e) (1) Every contract subject to this chapter shall contain a statement by which the contractor certifies that the contractor is in compliance with this section. (2) The department or other contracting agency shall enforce this section pursuant to its existing enforcement powers. (3) (A) If a contractor falsely certifies that it is in compliance with this section, the contract with that contractor shall be subject to Article 9 (commencing with Section 10420), unless, within a time period specified by the department or other contracting agency, the contractor provides to the department or agency proof that it has complied, or is in the process of complying, with this section. (B) The application of the remedies or penalties contained in Article 9 (commencing with Section 10420) to a contract subject to this chapter shall not preclude the application of any existing remedies otherwise available to the department or other contracting agency under its existing enforcement powers. (f) Nothing in this section is intended to regulate the contracting practices of any local jurisdiction. (g) This section shall be construed so as not to conflict with applicable federal laws, rules, or regulations. In the event that a court or agency of competent jurisdiction holds that federal law, rule, or regulation invalidates any clause, sentence, paragraph, or section of this code or the application thereof to any person or circumstances, it is the intent of the state that the court or agency sever that clause, sentence, paragraph, or section so that the remainder of this section shall remain in effect. SEC. 2. Section 10295.35 of the Public Contract Code shall not be construed to create any new enforcement authority or responsibility in the Department of General Services or any other contracting agency. SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

Existing law authorizes state agencies to enter into contracts for the acquisition of goods or services upon approval by the Department of General Services. Existing law sets forth various requirements and prohibitions for those contracts, including, but not limited to, a prohibition on entering into contracts for the acquisition of goods or services of $100,000 or more with a contractor that discriminates between spouses and domestic partners or same-sex and different-sex couples in the provision of benefits. Existing law provides that a contract entered into in violation of those requirements and prohibitions is void and authorizes the state or any person acting on behalf of the state to bring a civil action seeking a determination that a contract is in violation and therefore void. Under existing law, a willful violation of those requirements and prohibitions is a misdemeanor. This bill would also prohibit a state agency from entering into contracts for the acquisition of goods or services of $100,000 or more with a contractor that discriminates between employees on the basis of gender identity in the provision of benefits, as specified. By expanding the scope of a crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 10295.35 is added to the Public Contract Code, to read: 10295.35. (a) (1) Notwithstanding any other law, a state agency shall not enter into any contract for the acquisition of goods or services in the amount of one hundred thousand dollars ($100,000) or more with a contractor that, in the provision of benefits, discriminates between employees on the basis of an employee’s or dependent’s actual or perceived gender identity, including, but not limited to, the employee’s or dependent’s identification as transgender. (2) For purposes of this section, “contract” includes contracts with a cumulative amount of one hundred thousand dollars ($100,000) or more per contractor in each fiscal year. (3) For purposes of this section, an employee health plan is discriminatory if the plan is not consistent with Section 1365.5 of the Health and Safety Code and Section 10140 of the Insurance Code. (4) The requirements of this section shall apply only to those portions of a contractor’s operations that occur under any of the following conditions: (A) Within the state. (B) On real property outside the state if the property is owned by the state or if the state has a right to occupy the property, and if the contractor’s presence at that location is connected to a contract with the state. (C) Elsewhere in the United States where work related to a state contract is being performed. (b) Contractors shall treat as confidential, to the maximum extent allowed by law or by the requirement of the contractor’s insurance provider, any request by an employee or applicant for employment benefits or any documentation of eligibility for benefits submitted by an employee or applicant for employment. (c) After taking all reasonable measures to find a contractor that complies with this section, as determined by the state agency, the requirements of this section may be waived under any of the following circumstances: (1) There is only one prospective contractor willing to enter into a specific contract with the state agency. (2) The contract is necessary to respond to an emergency, as determined by the state agency, that endangers the public health, welfare, or safety, or the contract is necessary for the provision of essential services, and no entity that complies with the requirements of this section capable of responding to the emergency is immediately available. (3) The requirements of this section violate, or are inconsistent with, the terms or conditions of a grant, subvention, or agreement, if the agency has made a good faith attempt to change the terms or conditions of any grant, subvention, or agreement to authorize application of this section. (4) The contractor is providing wholesale or bulk water, power, or natural gas, the conveyance or transmission of the same, or ancillary services, as required for ensuring reliable services in accordance with good utility practice, if the purchase of the same cannot practically be accomplished through the standard competitive bidding procedures and the contractor is not providing direct retail services to end users. (d) (1) A contractor shall not be deemed to discriminate in the provision of benefits if the contractor, in providing the benefits, pays the actual costs incurred in obtaining the benefit. (2) If a contractor is unable to provide a certain benefit, despite taking reasonable measures to do so, the contractor shall not be deemed to discriminate in the provision of benefits. (e) (1) Every contract subject to this chapter shall contain a statement by which the contractor certifies that the contractor is in compliance with this section. (2) The department or other contracting agency shall enforce this section pursuant to its existing enforcement powers. (3) (A) If a contractor falsely certifies that it is in compliance with this section, the contract with that contractor shall be subject to Article 9 (commencing with Section 10420), unless, within a time period specified by the department or other contracting agency, the contractor provides to the department or agency proof that it has complied, or is in the process of complying, with this section. (B) The application of the remedies or penalties contained in Article 9 (commencing with Section 10420) to a contract subject to this chapter shall not preclude the application of any existing remedies otherwise available to the department or other contracting agency under its existing enforcement powers. (f) Nothing in this section is intended to regulate the contracting practices of any local jurisdiction. (g) This section shall be construed so as not to conflict with applicable federal laws, rules, or regulations. In the event that a court or agency of competent jurisdiction holds that federal law, rule, or regulation invalidates any clause, sentence, paragraph, or section of this code or the application thereof to any person or circumstances, it is the intent of the state that the court or agency sever that clause, sentence, paragraph, or section so that the remainder of this section shall remain in effect. SEC. 2. Section 10295.35 of the Public Contract Code shall not be construed to create any new enforcement authority or responsibility in the Department of General Services or any other contracting agency. SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 1091 of the Government Code is amended to read: 1091. (a) An officer shall not be deemed to be interested in a contract entered into by a body or board of which the officer is a member within the meaning of this article if the officer has only a remote interest in the contract and if the fact of that interest is disclosed to the body or board of which the officer is a member and noted in its official records, and thereafter the body or board authorizes, approves, or ratifies the contract in good faith by a vote of its membership sufficient for the purpose without counting the vote or votes of the officer or member with the remote interest. (b) As used in this article, “remote interest” means any of the following: (1) That of an officer or employee of a nonprofit entity exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code (26 U.S.C. Sec. 501(c)(3)), pursuant to Section 501(c)(5) of the Internal Revenue Code (26 U.S.C. Sec. 501(c)(5)), or a nonprofit corporation, except as provided in paragraph (8) of subdivision (a) of Section 1091.5. (2) That of an employee or agent of the contracting party, if the contracting party has 10 or more other employees and if the officer was an employee or agent of that contracting party for at least three years prior to the officer initially accepting his or her office and the officer owns less than 3 percent of the shares of stock of the contracting party; and the employee or agent is not an officer or director of the contracting party and did not directly participate in formulating the bid of the contracting party. For purposes of this paragraph, time of employment with the contracting party by the officer shall be counted in computing the three-year period specified in this paragraph even though the contracting party has been converted from one form of business organization to a different form of business organization within three years of the initial taking of office by the officer. Time of employment in that case shall be counted only if, after the transfer or change in organization, the real or ultimate ownership of the contracting party is the same or substantially similar to that which existed before the transfer or change in organization. For purposes of this paragraph, stockholders, bondholders, partners, or other persons holding an interest in the contracting party are regarded as having the “real or ultimate ownership” of the contracting party. (3) That of an employee or agent of the contracting party, if all of the following conditions are met: (A) The agency of which the person is an officer is a local public agency located in a county with a population of less than 4,000,000. (B) The contract is competitively bid and is not for personal services. (C) The employee or agent is not in a primary management capacity with the contracting party, is not an officer or director of the contracting party, and holds no ownership interest in the contracting party. (D) The contracting party has 10 or more other employees. (E) The employee or agent did not directly participate in formulating the bid of the contracting party. (F) The contracting party is the lowest responsible bidder. (4) That of a parent in the earnings of his or her minor child for personal services. (5) That of a landlord or tenant of the contracting party. (6) That of an attorney of the contracting party or that of an owner, officer, employee, or agent of a firm that renders, or has rendered, service to the contracting party in the capacity of stockbroker, insurance agent, insurance broker, real estate agent, or real estate broker, if these individuals have not received and will not receive remuneration, consideration, or a commission as a result of the contract and if these individuals have an ownership interest of 10 percent or more in the law practice or firm, stock brokerage firm, insurance firm, or real estate firm. (7) That of a member of a nonprofit corporation formed under the Food and Agricultural Code or a nonprofit corporation formed under the Corporations Code for the sole purpose of engaging in the merchandising of agricultural products or the supplying of water. (8) That of a supplier of goods or services when those goods or services have been supplied to the contracting party by the officer for at least five years prior to his or her election or appointment to office. (9) That of a person subject to the provisions of Section 1090 in any contract or agreement entered into pursuant to the provisions of the California Land Conservation Act of 1965. (10) Except as provided in subdivision (b) of Section 1091.5, that of a director of, or a person having an ownership interest of, 10 percent or more in a bank, bank holding company, or savings and loan association with which a party to the contract has a relationship of borrower or depositor, debtor or creditor. (11) That of an engineer, geologist, architect, or planner employed by a consulting engineering, architectural, or planning firm. This paragraph applies only to an employee of a consulting firm who does not serve in a primary management capacity, and does not apply to an officer or director of a consulting firm. (12) That of an elected officer otherwise subject to Section 1090, in any housing assistance payment contract entered into pursuant to Section 8 of the United States Housing Act of 1937 (42 U.S.C. Sec. 1437f) as amended, provided that the housing assistance payment contract was in existence before Section 1090 became applicable to the officer and will be renewed or extended only as to the existing tenant, or, in a jurisdiction in which the rental vacancy rate is less than 5 percent, as to new tenants in a unit previously under a Section 8 contract. This section applies to any person who became a public official on or after November 1, 1986. (13) That of a person receiving salary, per diem, or reimbursement for expenses from a government entity. (14) That of a person owning less than 3 percent of the shares of a contracting party that is a for-profit corporation, provided that the ownership of the shares derived from the person’s employment with that corporation. (15) That of a party to litigation involving the body or board of which the officer is a member in connection with an agreement in which all of the following apply: (A) The agreement is entered into as part of a settlement of litigation in which the body or board is represented by legal counsel. (B) After a review of the merits of the agreement and other relevant facts and circumstances, a court of competent jurisdiction finds that the agreement serves the public interest. (C) The interested member has recused himself or herself from all participation, direct or indirect, in the making of the agreement on behalf of the body or board. (16) That of a person who is an officer or employee of an investor-owned utility that is regulated by the Public Utilities Commission with respect to a contract between the investor-owned utility and a state, county, district, judicial district, or city body or board of which the person is a member, if the contract requires the investor-owned utility to provide energy efficiency rebates or other type of program to encourage energy efficiency that benefits the public when all of the following apply: (A) The contract is funded by utility consumers pursuant to regulations of the Public Utilities Commission. (B) The contract provides no individual benefit to the person that is not also provided to the public, and the investor-owned utility receives no direct financial profit from the contract. (C) The person has recused himself or herself from all participation in making the contract on behalf of the state, county, district, judicial district, or city body or board of which he or she is a member. (D) The contract implements a program authorized by the Public Utilities Commission. (17) That of an owner or partner of a firm serving as an appointed member of an unelected board or commission of the contracting agency if the owner or partner recuses himself or herself from providing any advice to the contracting agency regarding the contract between the firm and the contracting agency and from all participation in reviewing a project that results from that contract. (c) This section is not applicable to any officer interested in a contract who influences or attempts to influence another member of the body or board of which he or she is a member to enter into the contract. (d) The willful failure of an officer to disclose the fact of his or her interest in a contract pursuant to this section is punishable as provided in Section 1097. That violation does not void the contract unless the contracting party had knowledge of the fact of the remote interest of the officer at the time the contract was executed.

Existing law prohibits Members of the Legislature, state, county, district, judicial district, and city officers or employees from being financially interested in any contract made by them in their official capacity, or by any body or board of which they are members. Existing law identifies certain remote interests in contracts that are not subject to this prohibition and other situations in which an official is not deemed to be financially interested in a contract. Existing law makes a willful violation of this prohibition a crime. This bill would include in the definition of “remote interest” the interest of a person who is an owner or partner of a firm serving as an appointed member of an unelected board or commission of the contracting agency, if the owner or partner recuses himself or herself from providing any advice to the contracting agency regarding the contract between the firm and the contracting agency, and from all participation in reviewing a project that results from that contract. The bill would also include in the definition of “remote interest” the interest of a planner employed by a consulting engineering, architectural, or planning firm.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 1091 of the Government Code is amended to read: 1091. (a) An officer shall not be deemed to be interested in a contract entered into by a body or board of which the officer is a member within the meaning of this article if the officer has only a remote interest in the contract and if the fact of that interest is disclosed to the body or board of which the officer is a member and noted in its official records, and thereafter the body or board authorizes, approves, or ratifies the contract in good faith by a vote of its membership sufficient for the purpose without counting the vote or votes of the officer or member with the remote interest. (b) As used in this article, “remote interest” means any of the following: (1) That of an officer or employee of a nonprofit entity exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code (26 U.S.C. Sec. 501(c)(3)), pursuant to Section 501(c)(5) of the Internal Revenue Code (26 U.S.C. Sec. 501(c)(5)), or a nonprofit corporation, except as provided in paragraph (8) of subdivision (a) of Section 1091.5. (2) That of an employee or agent of the contracting party, if the contracting party has 10 or more other employees and if the officer was an employee or agent of that contracting party for at least three years prior to the officer initially accepting his or her office and the officer owns less than 3 percent of the shares of stock of the contracting party; and the employee or agent is not an officer or director of the contracting party and did not directly participate in formulating the bid of the contracting party. For purposes of this paragraph, time of employment with the contracting party by the officer shall be counted in computing the three-year period specified in this paragraph even though the contracting party has been converted from one form of business organization to a different form of business organization within three years of the initial taking of office by the officer. Time of employment in that case shall be counted only if, after the transfer or change in organization, the real or ultimate ownership of the contracting party is the same or substantially similar to that which existed before the transfer or change in organization. For purposes of this paragraph, stockholders, bondholders, partners, or other persons holding an interest in the contracting party are regarded as having the “real or ultimate ownership” of the contracting party. (3) That of an employee or agent of the contracting party, if all of the following conditions are met: (A) The agency of which the person is an officer is a local public agency located in a county with a population of less than 4,000,000. (B) The contract is competitively bid and is not for personal services. (C) The employee or agent is not in a primary management capacity with the contracting party, is not an officer or director of the contracting party, and holds no ownership interest in the contracting party. (D) The contracting party has 10 or more other employees. (E) The employee or agent did not directly participate in formulating the bid of the contracting party. (F) The contracting party is the lowest responsible bidder. (4) That of a parent in the earnings of his or her minor child for personal services. (5) That of a landlord or tenant of the contracting party. (6) That of an attorney of the contracting party or that of an owner, officer, employee, or agent of a firm that renders, or has rendered, service to the contracting party in the capacity of stockbroker, insurance agent, insurance broker, real estate agent, or real estate broker, if these individuals have not received and will not receive remuneration, consideration, or a commission as a result of the contract and if these individuals have an ownership interest of 10 percent or more in the law practice or firm, stock brokerage firm, insurance firm, or real estate firm. (7) That of a member of a nonprofit corporation formed under the Food and Agricultural Code or a nonprofit corporation formed under the Corporations Code for the sole purpose of engaging in the merchandising of agricultural products or the supplying of water. (8) That of a supplier of goods or services when those goods or services have been supplied to the contracting party by the officer for at least five years prior to his or her election or appointment to office. (9) That of a person subject to the provisions of Section 1090 in any contract or agreement entered into pursuant to the provisions of the California Land Conservation Act of 1965. (10) Except as provided in subdivision (b) of Section 1091.5, that of a director of, or a person having an ownership interest of, 10 percent or more in a bank, bank holding company, or savings and loan association with which a party to the contract has a relationship of borrower or depositor, debtor or creditor. (11) That of an engineer, geologist, architect, or planner employed by a consulting engineering, architectural, or planning firm. This paragraph applies only to an employee of a consulting firm who does not serve in a primary management capacity, and does not apply to an officer or director of a consulting firm. (12) That of an elected officer otherwise subject to Section 1090, in any housing assistance payment contract entered into pursuant to Section 8 of the United States Housing Act of 1937 (42 U.S.C. Sec. 1437f) as amended, provided that the housing assistance payment contract was in existence before Section 1090 became applicable to the officer and will be renewed or extended only as to the existing tenant, or, in a jurisdiction in which the rental vacancy rate is less than 5 percent, as to new tenants in a unit previously under a Section 8 contract. This section applies to any person who became a public official on or after November 1, 1986. (13) That of a person receiving salary, per diem, or reimbursement for expenses from a government entity. (14) That of a person owning less than 3 percent of the shares of a contracting party that is a for-profit corporation, provided that the ownership of the shares derived from the person’s employment with that corporation. (15) That of a party to litigation involving the body or board of which the officer is a member in connection with an agreement in which all of the following apply: (A) The agreement is entered into as part of a settlement of litigation in which the body or board is represented by legal counsel. (B) After a review of the merits of the agreement and other relevant facts and circumstances, a court of competent jurisdiction finds that the agreement serves the public interest. (C) The interested member has recused himself or herself from all participation, direct or indirect, in the making of the agreement on behalf of the body or board. (16) That of a person who is an officer or employee of an investor-owned utility that is regulated by the Public Utilities Commission with respect to a contract between the investor-owned utility and a state, county, district, judicial district, or city body or board of which the person is a member, if the contract requires the investor-owned utility to provide energy efficiency rebates or other type of program to encourage energy efficiency that benefits the public when all of the following apply: (A) The contract is funded by utility consumers pursuant to regulations of the Public Utilities Commission. (B) The contract provides no individual benefit to the person that is not also provided to the public, and the investor-owned utility receives no direct financial profit from the contract. (C) The person has recused himself or herself from all participation in making the contract on behalf of the state, county, district, judicial district, or city body or board of which he or she is a member. (D) The contract implements a program authorized by the Public Utilities Commission. (17) That of an owner or partner of a firm serving as an appointed member of an unelected board or commission of the contracting agency if the owner or partner recuses himself or herself from providing any advice to the contracting agency regarding the contract between the firm and the contracting agency and from all participation in reviewing a project that results from that contract. (c) This section is not applicable to any officer interested in a contract who influences or attempts to influence another member of the body or board of which he or she is a member to enter into the contract. (d) The willful failure of an officer to disclose the fact of his or her interest in a contract pursuant to this section is punishable as provided in Section 1097. That violation does not void the contract unless the contracting party had knowledge of the fact of the remote interest of the officer at the time the contract was executed. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 626.9 of the Penal Code is amended to read: 626.9. (a) This section shall be known, and may be cited, as the Gun-Free School Zone Act of 1995. (b) Any person who possesses a firearm in a place that the person knows, or reasonably should know, is a school zone, as defined in paragraph (1) of subdivision (e), unless it is with the written permission of the school district superintendent, his or her designee, or equivalent school authority, shall be punished as specified in subdivision (f). (c) Subdivision (b) does not apply to the possession of a firearm under any of the following circumstances: (1) Within a place of residence or place of business or on private property, if the place of residence, place of business, or private property is not part of the school grounds and the possession of the firearm is otherwise lawful. (2) When the firearm is an unloaded pistol, revolver, or other firearm capable of being concealed on the person and is in a locked container or within the locked trunk of a motor vehicle. This section does not prohibit or limit the otherwise lawful transportation of any other firearm, other than a pistol, revolver, or other firearm capable of being concealed on the person, in accordance with state law. (3) When the person possessing the firearm reasonably believes that he or she is in grave danger because of circumstances forming the basis of a current restraining order issued by a court against another person or persons who has or have been found to pose a threat to his or her life or safety. This subdivision may not apply when the circumstances involve a mutual restraining order issued pursuant to Division 10 (commencing with Section 6200) of the Family Code absent a factual finding of a specific threat to the person’s life or safety. Upon a trial for violating subdivision (b), the trier of a fact shall determine whether the defendant was acting out of a reasonable belief that he or she was in grave danger. (4) When the person is exempt from the prohibition against carrying a concealed firearm pursuant to Section 25615, 25625, 25630, or 25645. (5) When the person holds a valid license to carry the firearm pursuant to Chapter 4 (commencing with Section 26150) of Division 5 of Title 4 of Part 6, who is carrying that firearm in an area that is not in, or on the grounds of, a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, but within a distance of 1,000 feet from the grounds of the public or private school. (d) Except as provided in subdivision (b), it shall be unlawful for any person, with reckless disregard for the safety of another, to discharge, or attempt to discharge, a firearm in a school zone, as defined in paragraph (1) of subdivision (e). The prohibition contained in this subdivision does not apply to the discharge of a firearm to the extent that the conditions of paragraph (1) of subdivision (c) are satisfied. (e) As used in this section, the following definitions shall apply: (1) “Concealed firearm” has the same meaning as that term is given in Sections 25400 and 25610. (2) “Firearm” has the same meaning as that term is given in subdivisions (a) to (d), inclusive, of Section 16520. (3) “Locked container” has the same meaning as that term is given in Section 16850. (4) “School zone” means an area in, or on the grounds of, a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, or within a distance of 1,000 feet from the grounds of the public or private school. (f) (1) Any person who violates subdivision (b) by possessing a firearm in, or on the grounds of, a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or five years. (2) Any person who violates subdivision (b) by possessing a firearm within a distance of 1,000 feet from the grounds of a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, shall be punished as follows: (A) By imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or five years, if any of the following circumstances apply: (i) If the person previously has been convicted of any felony, or of any crime made punishable by any provision listed in Section 16580. (ii) If the person is within a class of persons prohibited from possessing or acquiring a firearm pursuant to Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9 of Title 4 of Part 6 of this code or Section 8100 or 8103 of the Welfare and Institutions Code. (iii) If the firearm is any pistol, revolver, or other firearm capable of being concealed upon the person and the offense is punished as a felony pursuant to Section 25400. (B) By imprisonment in a county jail for not more than one year or by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or five years, in all cases other than those specified in subparagraph (A). (3) Any person who violates subdivision (d) shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for three, five, or seven years. (g) (1) Every person convicted under this section for a misdemeanor violation of subdivision (b) who has been convicted previously of a misdemeanor offense enumerated in Section 23515 shall be punished by imprisonment in a county jail for not less than three months, or if probation is granted or if the execution or imposition of sentence is suspended, it shall be a condition thereof that he or she be imprisoned in a county jail for not less than three months. (2) Every person convicted under this section of a felony violation of subdivision (b) or (d) who has been convicted previously of a misdemeanor offense enumerated in Section 23515, if probation is granted or if the execution of sentence is suspended, it shall be a condition thereof that he or she be imprisoned in a county jail for not less than three months. (3) Every person convicted under this section for a felony violation of subdivision (b) or (d) who has been convicted previously of any felony, or of any crime made punishable by any provision listed in Section 16580, if probation is granted or if the execution or imposition of sentence is suspended, it shall be a condition thereof that he or she be imprisoned in a county jail for not less than three months. (4) The court shall apply the three-month minimum sentence specified in this subdivision, except in unusual cases where the interests of justice would best be served by granting probation or suspending the execution or imposition of sentence without the minimum imprisonment required in this subdivision or by granting probation or suspending the execution or imposition of sentence with conditions other than those set forth in this subdivision, in which case the court shall specify on the record and shall enter on the minutes the circumstances indicating that the interests of justice would best be served by this disposition. (h) Notwithstanding Section 25605, any person who brings or possesses a loaded firearm upon the grounds of a campus of, or buildings owned or operated for student housing, teaching, research, or administration by, a public or private university or college, that are contiguous or are clearly marked university property, unless it is with the written permission of the university or college president, his or her designee, or equivalent university or college authority, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years. Notwithstanding subdivision (k), a university or college shall post a prominent notice at primary entrances on noncontiguous property stating that firearms are prohibited on that property pursuant to this subdivision. (i) Notwithstanding Section 25605, any person who brings or possesses a firearm upon the grounds of a campus of, or buildings owned or operated for student housing, teaching, research, or administration by, a public or private university or college, that are contiguous or are clearly marked university property, unless it is with the written permission of the university or college president, his or her designee, or equivalent university or college authority, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for one, two, or three years. Notwithstanding subdivision (k), a university or college shall post a prominent notice at primary entrances on noncontiguous property stating that firearms are prohibited on that property pursuant to this subdivision. (j) For purposes of this section, a firearm shall be deemed to be loaded when there is an unexpended cartridge or shell, consisting of a case that holds a charge of powder and a bullet or shot, in, or attached in any manner to, the firearm, including, but not limited to, in the firing chamber, magazine, or clip thereof attached to the firearm. A muzzle-loader firearm shall be deemed to be loaded when it is capped or primed and has a powder charge and ball or shot in the barrel or cylinder. (k) This section does not require that notice be posted regarding the proscribed conduct. (l) This section does not apply to a duly appointed peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, a full-time paid peace officer of another state or the federal government who is carrying out official duties while in California, any person summoned by any of these officers to assist in making arrests or preserving the peace while he or she is actually engaged in assisting the officer, a member of the military forces of this state or of the United States who is engaged in the performance of his or her duties, or an armored vehicle guard, engaged in the performance of his or her duties, as defined in subdivision (d) of Section 7582.1 of the Business and Professions Code. (m) This section does not apply to a security guard authorized to carry a loaded firearm pursuant to Article 4 (commencing with Section 26000) of Chapter 3 of Division 5 of Title 4 of Part 6. (n) This section does not apply to an existing shooting range at a public or private school or university or college campus. (o) This section does not apply to an honorably retired peace officer authorized to carry a concealed or loaded firearm pursuant to any of the following: (1) Article 2 (commencing with Section 25450) of Chapter 2 of Division 5 of Title 4 of Part 6. (2) Section 25650. (3) Sections 25900 to 25910, inclusive. (4) Section 26020. (5) Paragraph (2) of subdivision (c) of Section 26300. (p) This section does not apply to a peace officer appointed pursuant to Section 830.6 who is authorized to carry a firearm by the appointing agency. SEC. 2. Section 30310 of the Penal Code is amended to read: 30310. (a) Unless it is with the written permission of the school district superintendent, the superintendent’s designee, or equivalent school authority, no person shall carry ammunition or reloaded ammunition onto school grounds, except sworn law enforcement officers acting within the scope of their duties. (b) This section shall not apply to any of the following: (1) A duly appointed peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2. (2) A full-time paid peace officer of another state or the federal government who is carrying out official duties while in California. (3) Any person summoned by any of these officers to assist in making an arrest or preserving the peace while that person is actually engaged in assisting the officer. (4) A member of the military forces of this state or of the United States who is engaged in the performance of that person’s duties. (5) An armored vehicle guard, who is engaged in the performance of that person’s duties, as defined in subdivision (d) of Section 7582.1 of the Business and Professions Code. (6) Any peace officer, listed in Section 830.1 or 830.2, or subdivision (a) of Section 830.33, whether active or honorably retired. (7) Any other duly appointed peace officer. (8) Any honorably retired peace officer listed in subdivision (c) of Section 830.5. (9) Any other honorably retired peace officer who during the course and scope of his or her appointment as a peace officer was authorized to, and did, carry a firearm. (10) (A) A person carrying ammunition or reloaded ammunition onto school grounds that is in a motor vehicle at all times and is within a locked container or within the locked trunk of the vehicle. (B) For purposes of this paragraph, the term “locked container” has the same meaning as set forth in Section 16850. (c) A violation of this section is punishable by imprisonment in a county jail for a term not to exceed six months, a fine not to exceed one thousand dollars ($1,000), or both the imprisonment and fine. SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

Existing law, the Gun-Free School Zone Act of 1995, subject to exceptions, prohibits a person from possessing a firearm in a place that the person knows, or reasonably should know, is a school zone, unless with the written permission of certain school district officials. Existing law defines a school zone as an area on the grounds of a school providing instruction in kindergarten or grades 1 to 12, inclusive, or within a distance of 1,000 feet of that school. Existing law prohibits a person from bringing or possessing a firearm upon the grounds of a campus of a public or private university or college, or buildings owned or operated for student housing, teaching, research, or administration by a public or private university or college, that are contiguous or are clearly marked university property, as specified, unless with the written permission of specified university or college officials. Under existing law, a violation of these provisions is a felony, or, under specified circumstances, a misdemeanor. Under existing law, certain persons are exempt from both the school zone and the university prohibitions, including, among others, a person holding a valid license to carry a concealed firearm and a retired peace officer authorized to carry a concealed or loaded firearm. This bill would recast the provisions relating to a person holding a valid license to carry a concealed firearm to allow that person to carry a firearm in an area that is within 1,000 feet of, but not on the grounds of, a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive. The bill would also delete the exemption that allows a person holding a valid license to carry a concealed firearm to bring or possess a firearm on the campus of a university or college. The bill would create an additional exemption from those prohibitions for certain appointed peace officers who are authorized to carry a firearm by their appointing agency, and an exemption for certain retired reserve peace officers who are authorized to carry a concealed or loaded firearm. By expanding the scope of an existing crime, the bill would create a state-mandated local program. Existing law, subject to exceptions, prohibits carrying ammunition or reloaded ammunition onto school grounds unless it is with the written permission of the school district superintendent, the superintendent’s designee, or equivalent school authority. This bill would reorganize those exceptions. The bill would delete the exemption that allows a person to carry ammunition or reloaded ammunition onto school grounds if the person is licensed to carry a concealed firearm. The bill would also create an additional exception to that prohibition by authorizing a person to carry ammunition or reloaded ammunition onto school grounds if it is in a motor vehicle at all times and is within a locked container or within the locked trunk of the vehicle. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 626.9 of the Penal Code is amended to read: 626.9. (a) This section shall be known, and may be cited, as the Gun-Free School Zone Act of 1995. (b) Any person who possesses a firearm in a place that the person knows, or reasonably should know, is a school zone, as defined in paragraph (1) of subdivision (e), unless it is with the written permission of the school district superintendent, his or her designee, or equivalent school authority, shall be punished as specified in subdivision (f). (c) Subdivision (b) does not apply to the possession of a firearm under any of the following circumstances: (1) Within a place of residence or place of business or on private property, if the place of residence, place of business, or private property is not part of the school grounds and the possession of the firearm is otherwise lawful. (2) When the firearm is an unloaded pistol, revolver, or other firearm capable of being concealed on the person and is in a locked container or within the locked trunk of a motor vehicle. This section does not prohibit or limit the otherwise lawful transportation of any other firearm, other than a pistol, revolver, or other firearm capable of being concealed on the person, in accordance with state law. (3) When the person possessing the firearm reasonably believes that he or she is in grave danger because of circumstances forming the basis of a current restraining order issued by a court against another person or persons who has or have been found to pose a threat to his or her life or safety. This subdivision may not apply when the circumstances involve a mutual restraining order issued pursuant to Division 10 (commencing with Section 6200) of the Family Code absent a factual finding of a specific threat to the person’s life or safety. Upon a trial for violating subdivision (b), the trier of a fact shall determine whether the defendant was acting out of a reasonable belief that he or she was in grave danger. (4) When the person is exempt from the prohibition against carrying a concealed firearm pursuant to Section 25615, 25625, 25630, or 25645. (5) When the person holds a valid license to carry the firearm pursuant to Chapter 4 (commencing with Section 26150) of Division 5 of Title 4 of Part 6, who is carrying that firearm in an area that is not in, or on the grounds of, a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, but within a distance of 1,000 feet from the grounds of the public or private school. (d) Except as provided in subdivision (b), it shall be unlawful for any person, with reckless disregard for the safety of another, to discharge, or attempt to discharge, a firearm in a school zone, as defined in paragraph (1) of subdivision (e). The prohibition contained in this subdivision does not apply to the discharge of a firearm to the extent that the conditions of paragraph (1) of subdivision (c) are satisfied. (e) As used in this section, the following definitions shall apply: (1) “Concealed firearm” has the same meaning as that term is given in Sections 25400 and 25610. (2) “Firearm” has the same meaning as that term is given in subdivisions (a) to (d), inclusive, of Section 16520. (3) “Locked container” has the same meaning as that term is given in Section 16850. (4) “School zone” means an area in, or on the grounds of, a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, or within a distance of 1,000 feet from the grounds of the public or private school. (f) (1) Any person who violates subdivision (b) by possessing a firearm in, or on the grounds of, a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or five years. (2) Any person who violates subdivision (b) by possessing a firearm within a distance of 1,000 feet from the grounds of a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, shall be punished as follows: (A) By imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or five years, if any of the following circumstances apply: (i) If the person previously has been convicted of any felony, or of any crime made punishable by any provision listed in Section 16580. (ii) If the person is within a class of persons prohibited from possessing or acquiring a firearm pursuant to Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9 of Title 4 of Part 6 of this code or Section 8100 or 8103 of the Welfare and Institutions Code. (iii) If the firearm is any pistol, revolver, or other firearm capable of being concealed upon the person and the offense is punished as a felony pursuant to Section 25400. (B) By imprisonment in a county jail for not more than one year or by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or five years, in all cases other than those specified in subparagraph (A). (3) Any person who violates subdivision (d) shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for three, five, or seven years. (g) (1) Every person convicted under this section for a misdemeanor violation of subdivision (b) who has been convicted previously of a misdemeanor offense enumerated in Section 23515 shall be punished by imprisonment in a county jail for not less than three months, or if probation is granted or if the execution or imposition of sentence is suspended, it shall be a condition thereof that he or she be imprisoned in a county jail for not less than three months. (2) Every person convicted under this section of a felony violation of subdivision (b) or (d) who has been convicted previously of a misdemeanor offense enumerated in Section 23515, if probation is granted or if the execution of sentence is suspended, it shall be a condition thereof that he or she be imprisoned in a county jail for not less than three months. (3) Every person convicted under this section for a felony violation of subdivision (b) or (d) who has been convicted previously of any felony, or of any crime made punishable by any provision listed in Section 16580, if probation is granted or if the execution or imposition of sentence is suspended, it shall be a condition thereof that he or she be imprisoned in a county jail for not less than three months. (4) The court shall apply the three-month minimum sentence specified in this subdivision, except in unusual cases where the interests of justice would best be served by granting probation or suspending the execution or imposition of sentence without the minimum imprisonment required in this subdivision or by granting probation or suspending the execution or imposition of sentence with conditions other than those set forth in this subdivision, in which case the court shall specify on the record and shall enter on the minutes the circumstances indicating that the interests of justice would best be served by this disposition. (h) Notwithstanding Section 25605, any person who brings or possesses a loaded firearm upon the grounds of a campus of, or buildings owned or operated for student housing, teaching, research, or administration by, a public or private university or college, that are contiguous or are clearly marked university property, unless it is with the written permission of the university or college president, his or her designee, or equivalent university or college authority, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years. Notwithstanding subdivision (k), a university or college shall post a prominent notice at primary entrances on noncontiguous property stating that firearms are prohibited on that property pursuant to this subdivision. (i) Notwithstanding Section 25605, any person who brings or possesses a firearm upon the grounds of a campus of, or buildings owned or operated for student housing, teaching, research, or administration by, a public or private university or college, that are contiguous or are clearly marked university property, unless it is with the written permission of the university or college president, his or her designee, or equivalent university or college authority, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for one, two, or three years. Notwithstanding subdivision (k), a university or college shall post a prominent notice at primary entrances on noncontiguous property stating that firearms are prohibited on that property pursuant to this subdivision. (j) For purposes of this section, a firearm shall be deemed to be loaded when there is an unexpended cartridge or shell, consisting of a case that holds a charge of powder and a bullet or shot, in, or attached in any manner to, the firearm, including, but not limited to, in the firing chamber, magazine, or clip thereof attached to the firearm. A muzzle-loader firearm shall be deemed to be loaded when it is capped or primed and has a powder charge and ball or shot in the barrel or cylinder. (k) This section does not require that notice be posted regarding the proscribed conduct. (l) This section does not apply to a duly appointed peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, a full-time paid peace officer of another state or the federal government who is carrying out official duties while in California, any person summoned by any of these officers to assist in making arrests or preserving the peace while he or she is actually engaged in assisting the officer, a member of the military forces of this state or of the United States who is engaged in the performance of his or her duties, or an armored vehicle guard, engaged in the performance of his or her duties, as defined in subdivision (d) of Section 7582.1 of the Business and Professions Code. (m) This section does not apply to a security guard authorized to carry a loaded firearm pursuant to Article 4 (commencing with Section 26000) of Chapter 3 of Division 5 of Title 4 of Part 6. (n) This section does not apply to an existing shooting range at a public or private school or university or college campus. (o) This section does not apply to an honorably retired peace officer authorized to carry a concealed or loaded firearm pursuant to any of the following: (1) Article 2 (commencing with Section 25450) of Chapter 2 of Division 5 of Title 4 of Part 6. (2) Section 25650. (3) Sections 25900 to 25910, inclusive. (4) Section 26020. (5) Paragraph (2) of subdivision (c) of Section 26300. (p) This section does not apply to a peace officer appointed pursuant to Section 830.6 who is authorized to carry a firearm by the appointing agency. SEC. 2. Section 30310 of the Penal Code is amended to read: 30310. (a) Unless it is with the written permission of the school district superintendent, the superintendent’s designee, or equivalent school authority, no person shall carry ammunition or reloaded ammunition onto school grounds, except sworn law enforcement officers acting within the scope of their duties. (b) This section shall not apply to any of the following: (1) A duly appointed peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2. (2) A full-time paid peace officer of another state or the federal government who is carrying out official duties while in California. (3) Any person summoned by any of these officers to assist in making an arrest or preserving the peace while that person is actually engaged in assisting the officer. (4) A member of the military forces of this state or of the United States who is engaged in the performance of that person’s duties. (5) An armored vehicle guard, who is engaged in the performance of that person’s duties, as defined in subdivision (d) of Section 7582.1 of the Business and Professions Code. (6) Any peace officer, listed in Section 830.1 or 830.2, or subdivision (a) of Section 830.33, whether active or honorably retired. (7) Any other duly appointed peace officer. (8) Any honorably retired peace officer listed in subdivision (c) of Section 830.5. (9) Any other honorably retired peace officer who during the course and scope of his or her appointment as a peace officer was authorized to, and did, carry a firearm. (10) (A) A person carrying ammunition or reloaded ammunition onto school grounds that is in a motor vehicle at all times and is within a locked container or within the locked trunk of the vehicle. (B) For purposes of this paragraph, the term “locked container” has the same meaning as set forth in Section 16850. (c) A violation of this section is punishable by imprisonment in a county jail for a term not to exceed six months, a fine not to exceed one thousand dollars ($1,000), or both the imprisonment and fine. SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. ### Summary: This bill amends the Gun-Free School Zone Act of 1995 to include a prohibition against carrying ammunition or reloaded ammunition onto school grounds. ###

The people of the State of California do enact as follows: SECTION 1. It is the intent of the Legislature to enact legislation to improve access to children from refugee and immigrant households to child nutrition programs. SEC. 2. Section 49557 of the Education Code is amended to read: 49557. (a) (1) The governing board of a school district and the county superintendent of schools shall make paper applications for free or reduced-price meals available to pupils at all times during each regular schoolday, and may also make an application electronically available online, provided that the online application complies with paragraph (3). Pursuant to federal and state guidelines, the application shall contain clear instructions for families that are homeless or are migrants, and shall also contain, in at least 8-point boldface type, each of the following statements: (A) Applications for free and reduced-price meals may be submitted at any time during a schoolday. (B) Children participating in the federal National School Lunch Program will not be overtly identified by the use of special tokens, special tickets, special serving lines, separate entrances, separate dining areas, or by any other means. (2) A school district and the county superintendent of schools shall use all other paper applications it has for free or reduced-price meals before utilizing the applications pursuant to this subdivision. (3) If a governing board of a school district, a county office of education, or a school food authority chooses to provide access to an online application for free or reduced-price meals pursuant to paragraph (1), the online application shall comply with all of the following requirements: (A) Include a link to the Internet Web site on which translated applications are posted by the United States Department of Agriculture, with instructions in that language that inform the applicant how to submit the application. The Legislature finds and declares that federal guidelines require school food authorities to accept and process these applications if they are submitted to the school food authority. (B) Require completion of only those questions that are necessary for determining eligibility. (C) Include clear instructions for families that are homeless or are migrants. (D) Comply with the privacy rights and disclosure protections established by the federal Richard B. Russell National School Lunch Act (Public Law 113-79) and the federal Children’s Online Privacy Protection Act of 1998 (Public Law 105-277). (E) Include links to all of the following: (i) The online application to CalFresh. (ii) The online single state application for health care. (iii) The Internet Web page maintained by the State Department of Public Health entitled “About WIC and How to Apply,” or another Internet Web page identified by the State Department of Public Health that connects families to the Special Supplemental Nutrition Program for Women, Infants and Children. (iv) The Internet Web site of a summer lunch program authorized to participate within the city or school district. (F) No online application for free or reduced-price meals shall be made available online or made accessible online by a school district, a county office of education, or a school food authority if the online application allows for the information provided by an applicant to be used by a private entity for any purpose not related to the administration of a school food program, or if the online application requires an applicant to waive any right or to create a user account in order to submit the application. (b) The governing board of each school district and each county superintendent of schools shall formulate a plan, which shall be mailed to the State Department of Education for its approval, that will ensure that children eligible to receive free or reduced-price meals and milk shall not be treated differently from other children. These plans shall ensure each of the following: (1) Unless otherwise specified, the names of the children shall not be published, posted, or announced in any manner, or used for any purpose other than the federal National School Lunch Program. (2) There shall be no overt identification of any of the children by the use of special tokens or tickets or by any other means. (3) The children shall not be required to work for their meals or milk. (4) The children shall not be required to use a separate dining area, go through a separate serving line, enter the dining area through a separate entrance, or consume their meals or milk at a different time. (c) When more than one lunch or breakfast or type of milk is offered pursuant to this article, the children shall have the same choice of meals or milk that is available to those children who pay the full price for their meal or milk. SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

(1) Existing law requires each school district and county superintendent of schools maintaining kindergarten or any of grades 1 to 12, inclusive, to provide for each needy pupil one nutritionally adequate, free or reduced-price meal during each schoolday. Existing law requires the governing board of a school district and the county superintendent of schools to make applications for free or reduced-price meals available to pupils at all times during each regular schoolday. Existing law requires the Superintendent of Public Instruction to supervise the implementation of this program and to investigate acts of alleged noncompliance. This bill would authorize the governing boards of school districts and county superintendents of schools to also make applications for free or reduced-price meals electronically available online. The bill would specify requirements that would have to be met by the governing boards of school districts, county offices of education, and school food authorities who choose to provide access to an online application under this bill. The bill would require all applications to include clear instructions for families that are homeless or are migrants. To the extent that this provision would impose new duties on local educational agencies, it would constitute a state-mandated local program. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. It is the intent of the Legislature to enact legislation to improve access to children from refugee and immigrant households to child nutrition programs. SEC. 2. Section 49557 of the Education Code is amended to read: 49557. (a) (1) The governing board of a school district and the county superintendent of schools shall make paper applications for free or reduced-price meals available to pupils at all times during each regular schoolday, and may also make an application electronically available online, provided that the online application complies with paragraph (3). Pursuant to federal and state guidelines, the application shall contain clear instructions for families that are homeless or are migrants, and shall also contain, in at least 8-point boldface type, each of the following statements: (A) Applications for free and reduced-price meals may be submitted at any time during a schoolday. (B) Children participating in the federal National School Lunch Program will not be overtly identified by the use of special tokens, special tickets, special serving lines, separate entrances, separate dining areas, or by any other means. (2) A school district and the county superintendent of schools shall use all other paper applications it has for free or reduced-price meals before utilizing the applications pursuant to this subdivision. (3) If a governing board of a school district, a county office of education, or a school food authority chooses to provide access to an online application for free or reduced-price meals pursuant to paragraph (1), the online application shall comply with all of the following requirements: (A) Include a link to the Internet Web site on which translated applications are posted by the United States Department of Agriculture, with instructions in that language that inform the applicant how to submit the application. The Legislature finds and declares that federal guidelines require school food authorities to accept and process these applications if they are submitted to the school food authority. (B) Require completion of only those questions that are necessary for determining eligibility. (C) Include clear instructions for families that are homeless or are migrants. (D) Comply with the privacy rights and disclosure protections established by the federal Richard B. Russell National School Lunch Act (Public Law 113-79) and the federal Children’s Online Privacy Protection Act of 1998 (Public Law 105-277). (E) Include links to all of the following: (i) The online application to CalFresh. (ii) The online single state application for health care. (iii) The Internet Web page maintained by the State Department of Public Health entitled “About WIC and How to Apply,” or another Internet Web page identified by the State Department of Public Health that connects families to the Special Supplemental Nutrition Program for Women, Infants and Children. (iv) The Internet Web site of a summer lunch program authorized to participate within the city or school district. (F) No online application for free or reduced-price meals shall be made available online or made accessible online by a school district, a county office of education, or a school food authority if the online application allows for the information provided by an applicant to be used by a private entity for any purpose not related to the administration of a school food program, or if the online application requires an applicant to waive any right or to create a user account in order to submit the application. (b) The governing board of each school district and each county superintendent of schools shall formulate a plan, which shall be mailed to the State Department of Education for its approval, that will ensure that children eligible to receive free or reduced-price meals and milk shall not be treated differently from other children. These plans shall ensure each of the following: (1) Unless otherwise specified, the names of the children shall not be published, posted, or announced in any manner, or used for any purpose other than the federal National School Lunch Program. (2) There shall be no overt identification of any of the children by the use of special tokens or tickets or by any other means. (3) The children shall not be required to work for their meals or milk. (4) The children shall not be required to use a separate dining area, go through a separate serving line, enter the dining area through a separate entrance, or consume their meals or milk at a different time. (c) When more than one lunch or breakfast or type of milk is offered pursuant to this article, the children shall have the same choice of meals or milk that is available to those children who pay the full price for their meal or milk. SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. ### Summary: This bill amends the Education Code to require school districts and county offices of education to make paper applications for free or reduced-price meals available to pupils at all times

The people of the State of California do enact as follows: SECTION 1. Section 7282.5 of the Government Code is amended to read: 7282.5. (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: (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. (2) The individual has been convicted of a felony punishable by imprisonment in the state prison. (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: (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. (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. (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. (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. (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. (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. (G) Driving under the influence of alcohol or drugs, but only for a conviction that is a felony. (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. (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. (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. (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. (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). (M) An offense involving the felony possession, sale, distribution, manufacture, or trafficking of controlled substances. (N) Vandalism with prior convictions, as specified in, but not limited to, Section 594.7 of the Penal Code. (O) Gang-related offenses, as specified in, but not limited to, Sections 186.22, 186.26, and 186.28 of the Penal Code. (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. (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. (R) Possession or use of a firearm in the commission of an offense. (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. (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. (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. (V) Torture and mayhem, as specified in, but not limited to, Section 203 of the Penal Code. (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. (X) Elder and dependent adult abuse, as specified in, but not limited to, Section 368 of the Penal Code. (Y) A hate crime, as specified in, but not limited to, Section 422.55 of the Penal Code. (Z) Stalking, as specified in, but not limited to, Section 646.9 of the Penal Code. (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. (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. (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. (AD) Kidnapping, as specified in, but not limited to, Sections 207, 209, and 209.5 of the Penal Code. (AE) A violation of subdivision (c) of Section 20001 of the Vehicle Code. (AF) A felony which formed the basis upon which the individual was previously deported. (4) The individual is a current registrant on the California Sex and Arson Registry. (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. (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’s Immigration and Customs Enforcement as the subject of an outstanding federal felony arrest warrant. (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.

Existing federal law authorizes any authorized immigration officer to issue an immigration detainer that serves to advise another law enforcement agency that the federal department seeks custody of an alien presently in the custody of that agency, for the purpose of arresting and removing the alien. Existing federal law provides that the detainer is a request that the agency advise the department, prior to release of the alien, in order for the department to arrange to assume custody in situations when gaining immediate physical custody is either impracticable or impossible. Existing state law prohibits a law enforcement official, as defined, from detaining an individual on the basis of a United States Immigration and Customs Enforcement hold after that individual becomes eligible for release from custody, unless, at the time that the individual becomes eligible for release from custody, certain conditions are met, including, among other things, that the individual has been convicted at any time of a felony for specified offenses and 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. This bill would expand the list of prior felony convictions to include the conviction of a felony which formed the basis upon which the individual was previously deported, thereby allowing a law enforcement official, 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, to detain an individual with that felony conviction on the basis of a United States Immigration and Customs Enforcement hold after that individual becomes eligible for release from custody.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 7282.5 of the Government Code is amended to read: 7282.5. (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: (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. (2) The individual has been convicted of a felony punishable by imprisonment in the state prison. (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: (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. (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. (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. (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. (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. (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. (G) Driving under the influence of alcohol or drugs, but only for a conviction that is a felony. (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. (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. (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. (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. (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). (M) An offense involving the felony possession, sale, distribution, manufacture, or trafficking of controlled substances. (N) Vandalism with prior convictions, as specified in, but not limited to, Section 594.7 of the Penal Code. (O) Gang-related offenses, as specified in, but not limited to, Sections 186.22, 186.26, and 186.28 of the Penal Code. (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. (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. (R) Possession or use of a firearm in the commission of an offense. (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. (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. (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. (V) Torture and mayhem, as specified in, but not limited to, Section 203 of the Penal Code. (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. (X) Elder and dependent adult abuse, as specified in, but not limited to, Section 368 of the Penal Code. (Y) A hate crime, as specified in, but not limited to, Section 422.55 of the Penal Code. (Z) Stalking, as specified in, but not limited to, Section 646.9 of the Penal Code. (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. (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. (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. (AD) Kidnapping, as specified in, but not limited to, Sections 207, 209, and 209.5 of the Penal Code. (AE) A violation of subdivision (c) of Section 20001 of the Vehicle Code. (AF) A felony which formed the basis upon which the individual was previously deported. (4) The individual is a current registrant on the California Sex and Arson Registry. (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. (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’s Immigration and Customs Enforcement as the subject of an outstanding federal felony arrest warrant. (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. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Article 4.3 (commencing with Section 111547) is added to Chapter 6 of Part 5 of Division 104 of the Health and Safety Code, to read: Article 4.3. Right to Try Act 111547. This article shall be known and may be cited as the Right to Try Act. 111547.1. In this article, unless the context otherwise requires, the following definitions shall apply: (a) “Eligible patient” means a person who meets all of the following conditions: (1) Has a terminal illness, attested to by the eligible patient’s treating physician. (2) Has considered all other treatment options currently approved by the United States Food and Drug Administration. (3) Has received a recommendation from his or her physician for an investigational drug, biological product, or device. (4) 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. (5) Has documentation from his or her treating physician attesting that the eligible patient has met the requirements of this subdivision. (b) “Health benefit plan” means any plan or program that provides, arranges, pays for, or reimburses the cost of health benefits. “Health benefit plan” includes, but is not limited to, a health care service plan contract issued by a health care service plan, as defined in Section 1345 of this code, and a policy of health insurance, as defined in Section 106 of the Insurance Code, issued by a health insurer. (c) “Investigational drug, biological product, or device” 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. (d) “Physician” means a physician and surgeon licensed under the Medical Practice Act or an osteopathic physician and surgeon licensed under the Osteopathic Act. (e) “State regulatory board” means the California Medical Board or the Osteopathic Medical Board of California. (f) “Terminal illness” means progressive disease or medical or surgical condition that entails significant functional impairment, that is not considered by a treating physician to be reversible even with theadministration of current United States Food and Drug Administration approved and available treatments, and that, without life-sustaining procedures, will soon result in death. (g) “Written, informed consent” means a written document that is signed by an eligible patient, parent or legal guardian if the eligible patient is a minor, or his or her legally authorized representative if the eligible patient lacks the capacity to consent, and attested to by the eligible patient’s physician and a witness that, at a minimum, does all of the following: (1) Explains the currently approved products and treatments for the terminal illness from which the eligible patient suffers. (2) Attests to the fact that the eligible patient, or if the eligible patient lacks the capacity to consent, his or her legally authorized representative, concurs with the eligible patient’s physician in believing that all currently approved and conventionally recognized treatments are unlikely to prolong the eligible patient’s life. (3) Clearly identifies the specific proposed investigational drug, biological product, or device that the eligible patient is seeking to use. (4) Describes the potentially best and worst outcomes of using the investigational drug, biological product, or device and provides a realistic description of the most likely outcome. This description shall include the possibility that new, unanticipated, different, or worse symptoms may result and that death could be hastened by the proposed treatment. The description shall be based on the physician’s knowledge of the proposed treatment in conjunction with an awareness of the eligible patient’s condition. (5) States that the eligible patient’s health benefit plan or third-party administrator, 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, unless otherwise specifically required to do so by law or contract. (6) States that the eligible patient’s eligibility for hospice care may be withdrawn if the eligible patient begins curative treatment with the investigational drug, biological product, or device and that care may be reinstated if the curative treatment ends and the eligible patient meets hospice eligibility requirements. (7) States that the eligible 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 eligible patient’s estate, except as otherwise provided in the eligible patient’s health benefit plan or a contract between the eligible patient and the manufacturer of the drug, biological product, or device. 111547.2. (a) Notwithstanding Section 110280, 111520, or 111550, a manufacturer of an investigational drug, biological product, or device may make available the manufacturer’s 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. (b) A manufacturer may do both of the following: (1) Provide an investigational drug, biological product, or device to an eligible patient without receiving compensation. (2) Require an eligible patient to pay the costs of, or associated with, the manufacture of the investigational drug, biological product, or device. (c) (1) This article does not expand or otherwise affect the health care coverage required to be provided by a health benefit plan or governmental agency pursuant to the laws of this state. (2) This article does not expand or otherwise affect 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. (3) A health benefit plan, third-party administrator, if any, or governmental agency may, but is not required to, provide coverage for the cost of an investigational drug, biological product, or device, or the cost of services related to the use of an investigational drug, biological product, or device under this article. (4) This article does not require any governmental agency to pay costs associated with the use, care, or treatment of an eligible patient with an investigational drug, biological product, or device. (5) This article does not require a health facility, as described in Section 1250, to provide new or additional services, unless approved by the health facility. (d) If an eligible patient dies while being treated by an investigational drug, biological product, or device made available pursuant to this article, the eligible patient’s heirs are not liable for any outstanding debt related to the treatment or lack of insurance for the treatment. 111547.3. (a) Notwithstanding any other law, a state regulatory board shall not revoke, fail to renew, suspend, or take any other disciplinary action against a physician’s license based solely on the physician’s recommendation to an eligible patient regarding, prescription for, or treatment with, an investigational drug, biological product, or device, provided that the recommendation or prescription is consistent with medical standards of care. (b) A state agency shall not alter any recommendation made to the federal Centers for Medicare and Medicaid Services regarding a health care provider’s certification to participate in the Medicare or Medicaid program based solely on the recommendation from an individual health care provider that an eligible patient have access to an investigational drug, biological product, or device. (c) An official, employee, or agent of this state shall not block or attempt to block an eligible patient’s access to an investigational drug, biological product, or device pursuant to this article. Counseling, advice, or a recommendation consistent with medical standards of care from an individual licensed under Division 2 (commencing with Section 500) of the Business and Professions Code shall not be considered a violation of this section. (d) A violation of this article shall not be subject to Chapter 8 (commencing with Section 111825). 111547.4. This article does not create a private cause of action 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 using the investigational drug, biological product, or device, for any harm done to the eligible patient resulting from the investigational drug, biological product, or device, so long as the manufacturer or other person or entity is complying in good faith with the terms of this article, unless there was a failure to exercise reasonable care.

Existing law, the federal Food, Drug, and Cosmetic Act, prohibits a person from introducing into interstate commerce any new drug unless the drug has been approved by the federal Food and Drug Administration (FDA). Existing law requires the sponsor of a new drug to submit to the FDA an investigational new drug application and to then conduct a series of clinical trials to establish the safety and efficacy of the drug in human populations and submit the results to the FDA in a new drug application. Existing law, the Sherman Food, Drug, and Cosmetic Law, regulates the packaging, labeling, and advertising of drugs and devices and is administered by the State Department of Public Health. A violation of that law is a crime. The Sherman Food, Drug, and Cosmetic Law prohibits, among other things, the sale, delivery, or giving away of a new drug or new device unless either the department has approved a new drug or device application for that new drug or new device and that approval has not been withdrawn, terminated, or suspended or the drug or device has been approved pursuant to specified provisions of federal law, including the federal Food, Drug, and Cosmetic Act. The Medical Practice Act provides for the licensure and regulation of physicians and surgeons by the Medical Board of California and requires the board to take action against a licensee who is charged with unprofessional conduct. The Osteopathic Act provides for the licensure and regulation of osteopathic physicians and surgeons by the Osteopathic Medical Board of California and requires the board to enforce the Medical Practice Act with respect to its licensees. This bill, among other things, would permit a manufacturer of an investigational drug, biological product, or device to make the product available to eligible patients with terminal illnesses, as specified. The bill would authorize, but not require, a health benefit plan, as defined, or governmental agency to provide coverage for any investigational drug, biological product, or device made available pursuant to these provisions or the associated costs. The bill would prohibit the Medical Board of California and the Osteopathic Medical Board of California from taking any disciplinary action against the license of a physician based solely on the physician’s recommendation to an eligible patient regarding, or prescription for or treatment with, an investigational drug, biological product, or device, provided that the recommendation or prescription is consistent with medical standards of care. The bill would prohibit a state agency from altering any recommendation made to the federal Centers for Medicare and Medicaid Services regarding a health care provider’s certification to participate in the Medicare or Medicaid program based solely on the recommendation from an individual health care provider that an eligible patient have access to an investigational drug, biological product, or device. The bill would prohibit an official, employee, or agent of the state from blocking an eligible patient’s access to the investigational drug, biological product, or device pursuant to the bill’s provisions.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Article 4.3 (commencing with Section 111547) is added to Chapter 6 of Part 5 of Division 104 of the Health and Safety Code, to read: Article 4.3. Right to Try Act 111547. This article shall be known and may be cited as the Right to Try Act. 111547.1. In this article, unless the context otherwise requires, the following definitions shall apply: (a) “Eligible patient” means a person who meets all of the following conditions: (1) Has a terminal illness, attested to by the eligible patient’s treating physician. (2) Has considered all other treatment options currently approved by the United States Food and Drug Administration. (3) Has received a recommendation from his or her physician for an investigational drug, biological product, or device. (4) 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. (5) Has documentation from his or her treating physician attesting that the eligible patient has met the requirements of this subdivision. (b) “Health benefit plan” means any plan or program that provides, arranges, pays for, or reimburses the cost of health benefits. “Health benefit plan” includes, but is not limited to, a health care service plan contract issued by a health care service plan, as defined in Section 1345 of this code, and a policy of health insurance, as defined in Section 106 of the Insurance Code, issued by a health insurer. (c) “Investigational drug, biological product, or device” 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. (d) “Physician” means a physician and surgeon licensed under the Medical Practice Act or an osteopathic physician and surgeon licensed under the Osteopathic Act. (e) “State regulatory board” means the California Medical Board or the Osteopathic Medical Board of California. (f) “Terminal illness” means progressive disease or medical or surgical condition that entails significant functional impairment, that is not considered by a treating physician to be reversible even with theadministration of current United States Food and Drug Administration approved and available treatments, and that, without life-sustaining procedures, will soon result in death. (g) “Written, informed consent” means a written document that is signed by an eligible patient, parent or legal guardian if the eligible patient is a minor, or his or her legally authorized representative if the eligible patient lacks the capacity to consent, and attested to by the eligible patient’s physician and a witness that, at a minimum, does all of the following: (1) Explains the currently approved products and treatments for the terminal illness from which the eligible patient suffers. (2) Attests to the fact that the eligible patient, or if the eligible patient lacks the capacity to consent, his or her legally authorized representative, concurs with the eligible patient’s physician in believing that all currently approved and conventionally recognized treatments are unlikely to prolong the eligible patient’s life. (3) Clearly identifies the specific proposed investigational drug, biological product, or device that the eligible patient is seeking to use. (4) Describes the potentially best and worst outcomes of using the investigational drug, biological product, or device and provides a realistic description of the most likely outcome. This description shall include the possibility that new, unanticipated, different, or worse symptoms may result and that death could be hastened by the proposed treatment. The description shall be based on the physician’s knowledge of the proposed treatment in conjunction with an awareness of the eligible patient’s condition. (5) States that the eligible patient’s health benefit plan or third-party administrator, 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, unless otherwise specifically required to do so by law or contract. (6) States that the eligible patient’s eligibility for hospice care may be withdrawn if the eligible patient begins curative treatment with the investigational drug, biological product, or device and that care may be reinstated if the curative treatment ends and the eligible patient meets hospice eligibility requirements. (7) States that the eligible 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 eligible patient’s estate, except as otherwise provided in the eligible patient’s health benefit plan or a contract between the eligible patient and the manufacturer of the drug, biological product, or device. 111547.2. (a) Notwithstanding Section 110280, 111520, or 111550, a manufacturer of an investigational drug, biological product, or device may make available the manufacturer’s 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. (b) A manufacturer may do both of the following: (1) Provide an investigational drug, biological product, or device to an eligible patient without receiving compensation. (2) Require an eligible patient to pay the costs of, or associated with, the manufacture of the investigational drug, biological product, or device. (c) (1) This article does not expand or otherwise affect the health care coverage required to be provided by a health benefit plan or governmental agency pursuant to the laws of this state. (2) This article does not expand or otherwise affect 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. (3) A health benefit plan, third-party administrator, if any, or governmental agency may, but is not required to, provide coverage for the cost of an investigational drug, biological product, or device, or the cost of services related to the use of an investigational drug, biological product, or device under this article. (4) This article does not require any governmental agency to pay costs associated with the use, care, or treatment of an eligible patient with an investigational drug, biological product, or device. (5) This article does not require a health facility, as described in Section 1250, to provide new or additional services, unless approved by the health facility. (d) If an eligible patient dies while being treated by an investigational drug, biological product, or device made available pursuant to this article, the eligible patient’s heirs are not liable for any outstanding debt related to the treatment or lack of insurance for the treatment. 111547.3. (a) Notwithstanding any other law, a state regulatory board shall not revoke, fail to renew, suspend, or take any other disciplinary action against a physician’s license based solely on the physician’s recommendation to an eligible patient regarding, prescription for, or treatment with, an investigational drug, biological product, or device, provided that the recommendation or prescription is consistent with medical standards of care. (b) A state agency shall not alter any recommendation made to the federal Centers for Medicare and Medicaid Services regarding a health care provider’s certification to participate in the Medicare or Medicaid program based solely on the recommendation from an individual health care provider that an eligible patient have access to an investigational drug, biological product, or device. (c) An official, employee, or agent of this state shall not block or attempt to block an eligible patient’s access to an investigational drug, biological product, or device pursuant to this article. Counseling, advice, or a recommendation consistent with medical standards of care from an individual licensed under Division 2 (commencing with Section 500) of the Business and Professions Code shall not be considered a violation of this section. (d) A violation of this article shall not be subject to Chapter 8 (commencing with Section 111825). 111547.4. This article does not create a private cause of action 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 using the investigational drug, biological product, or device, for any harm done to the eligible patient resulting from the investigational drug, biological product, or device, so long as the manufacturer or other person or entity is complying in good faith with the terms of this article, unless there was a failure to exercise reasonable care. ### Summary: This bill would enact the Right to Try Act, which would authorize a manufacturer of an investigational drug, biological product, or device to make available the manufacturer’

The people of the State of California do enact as follows: SECTION 1. Section 645.5 is added to the Penal Code, to read: 645.5. (a) A person who willfully removes or disables, or permits another person to remove or disable, an electronic, Global Positioning System, or other monitoring device affixed to his or her person, if the device was affixed as a condition of parole, postrelease community supervision, or probation as a result of a conviction of any offense specified in subdivision (c) of Section 667.61, if the person intended to evade supervision and either does not surrender, or is not apprehended, within one week of the issuance of a warrant for absconding, is guilty of a felony, punishable by imprisonment in the state prison for 16 months, or two or three years. (b) This section does not apply to the removal or disabling of a monitoring device by a physician, emergency medical services technician, or by any other emergency response or medical personnel when doing so is necessary during the course of medical treatment of the person subject to the device. This section does not apply if the removal or disabling of the device is authorized or required by a court, by law enforcement, or by any other entity that is responsible for placing the device upon the person or that has the authority and responsibility to monitor the device. SEC. 2. Section 1203.067 of the Penal Code is amended to read: 1203.067. (a) Notwithstanding any other law, before probation may be granted to any person convicted of a felony specified in Section 261, 262, 264.1, 286, 288, 288a, 288.5, or 289, who is eligible for probation, the court shall do all of the following: (1) Order the defendant evaluated pursuant to Section 1203.03, or similar evaluation by the county probation department. (2) Conduct a hearing at the time of sentencing to determine if probation of the defendant would pose a threat to the victim. The victim shall be notified of the hearing by the prosecuting attorney and given an opportunity to address the court. (3) Order any psychiatrist or psychologist appointed pursuant to Section 288.1 to include a consideration of the threat to the victim and the defendant’s potential for positive response to treatment in making his or her report to the court. Nothing in this section shall be construed to require the court to order an examination of the victim. (b) On or after July 1, 2012, the terms of probation for persons placed on formal probation for an offense that requires registration pursuant to Sections 290 to 290.023, inclusive, or for the offense specified in Section 645.5, shall include all of the following: (1) Persons placed on formal probation prior to July 1, 2012, shall participate in an approved sex offender management program, following the standards developed pursuant to Section 9003, for a period of not less than one year or the remaining term of probation if it is less than one year. The length of the period in the program is to be determined by the certified sex offender management professional in consultation with the probation officer and as approved by the court. Participation in this program applies to every person described without regard to when his or her crime or crimes were committed. (2) Persons placed on formal probation on or after July 1, 2012, shall successfully complete a sex offender management program, following the standards developed pursuant to Section 9003, as a condition of release from probation. The length of the period in the program shall be not less than one year, up to the entire period of probation, as determined by the certified sex offender management professional in consultation with the probation officer and as approved by the court. Participation in this program applies to each person without regard to when his or her crime or crimes were committed. (3) Waiver of any privilege against self-incrimination and participation in polygraph examinations, which shall be part of the sex offender management program. (4) Waiver of any psychotherapist-patient privilege to enable communication between the sex offender management professional and supervising probation officer, pursuant to Section 290.09. (c) Any defendant ordered to be placed in an approved sex offender management program pursuant to subdivision (b) shall be responsible for paying the expense of his or her participation in the 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. SEC. 3. Section 3008 of the Penal Code is amended to read: 3008. (a) The Department of Corrections and Rehabilitation shall ensure that all parolees under active supervision who are deemed to pose a high risk to the public of committing sex crimes, as determined by the State-Authorized Risk Assessment Tool for Sex Offenders (SARATSO), as set forth in Sections 290.04 to 290.06, inclusive, are placed on intensive and specialized parole supervision and are required to report frequently to designated parole officers. The department may place any other parolee convicted of an offense that requires him or her to register as a sex offender pursuant to Section 290 who is on active supervision on intensive and specialized supervision and require him or her to report frequently to designated parole officers. (b) The department shall develop and, at the discretion of the secretary, and subject to an appropriation of the necessary funds, may implement a plan for the implementation of relapse prevention treatment programs, and the provision of other services deemed necessary by the department, in conjunction with intensive and specialized parole supervision, to reduce the recidivism of sex offenders. (c) The department shall develop control and containment programming for sex offenders who have been deemed to pose a high risk to the public of committing a sex crime, as determined by the SARATSO, and shall require participation in appropriate programming as a condition of parole. (d) On or after July 1, 2012, the parole conditions of a person released on parole for an offense that requires registration pursuant to Sections 290 to 290.023, inclusive, or for the offense specified in Section 645.5, shall include all of the following: (1) Persons placed on parole prior to July 1, 2012, shall participate in an approved sex offender management program, following the standards developed pursuant to Section 9003, for a period of not less than one year or the remaining term of parole if it is less than one year. The length of the period in the program is to be determined by the certified sex offender management professional in consultation with the parole officer and as approved by the court. Participation in this program applies to each person without regard to when his or her crime or crimes were committed. (2) Persons placed on parole on or after July 1, 2012, shall successfully complete a sex offender management program, following the standards developed pursuant to Section 9003, as a condition of parole. The length of the period in the program shall be not less than one year, up to the entire period of parole, as determined by the certified sex offender management professional in consultation with the parole officer and as approved by the court. Participation in this program applies to every person described without regard to when his or her crime or crimes were committed. (3) Waiver of any privilege against self-incrimination and participation in polygraph examinations, which shall be part of the sex offender management program. (4) Waiver of any psychotherapist-patient privilege to enable communication between the sex offender management professional and supervising parole officer, pursuant to Section 290.09. (e) Any defendant ordered to be placed in an approved sex offender management treatment program pursuant to subdivision (d) shall be responsible for paying the expense of his or her participation in the program. The department shall take into consideration the ability of the defendant to pay, and no defendant shall be denied discharge onto parole because of his or her inability to pay. SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

Existing law, as amended by Proposition 83 of the November 7, 2006, statewide general election, requires every inmate who has been convicted of an offense that requires him or her to register as a sex offender or any attempt to commit any of those offenses and who is committed to prison and released on parole to be monitored by a global positioning system for life. Existing law requires the terms of probation or parole for all persons placed on formal probation or parole for an offense that requires registration as a sex offender to include, among other things, participation in, or completion of, a sex offender management program, as specified. This bill would make it a felony for a person to willfully remove or disable an electronic, global positioning system, or other monitoring device, if the device was affixed as a condition of parole, postrelease community supervision, or probation as a result of a conviction of certain specified sex offenses, if the person intended to evade supervision and either does not surrender, or is not apprehended, within one week of the issuance of a warrant for absconding, punishable by imprisonment in the state prison for 16 months, or 2 or 3 years. The bill would require the terms of probation or parole of a person who has committed a violation of these provisions to include participation and completion of a sex offender management program. By creating a new crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 645.5 is added to the Penal Code, to read: 645.5. (a) A person who willfully removes or disables, or permits another person to remove or disable, an electronic, Global Positioning System, or other monitoring device affixed to his or her person, if the device was affixed as a condition of parole, postrelease community supervision, or probation as a result of a conviction of any offense specified in subdivision (c) of Section 667.61, if the person intended to evade supervision and either does not surrender, or is not apprehended, within one week of the issuance of a warrant for absconding, is guilty of a felony, punishable by imprisonment in the state prison for 16 months, or two or three years. (b) This section does not apply to the removal or disabling of a monitoring device by a physician, emergency medical services technician, or by any other emergency response or medical personnel when doing so is necessary during the course of medical treatment of the person subject to the device. This section does not apply if the removal or disabling of the device is authorized or required by a court, by law enforcement, or by any other entity that is responsible for placing the device upon the person or that has the authority and responsibility to monitor the device. SEC. 2. Section 1203.067 of the Penal Code is amended to read: 1203.067. (a) Notwithstanding any other law, before probation may be granted to any person convicted of a felony specified in Section 261, 262, 264.1, 286, 288, 288a, 288.5, or 289, who is eligible for probation, the court shall do all of the following: (1) Order the defendant evaluated pursuant to Section 1203.03, or similar evaluation by the county probation department. (2) Conduct a hearing at the time of sentencing to determine if probation of the defendant would pose a threat to the victim. The victim shall be notified of the hearing by the prosecuting attorney and given an opportunity to address the court. (3) Order any psychiatrist or psychologist appointed pursuant to Section 288.1 to include a consideration of the threat to the victim and the defendant’s potential for positive response to treatment in making his or her report to the court. Nothing in this section shall be construed to require the court to order an examination of the victim. (b) On or after July 1, 2012, the terms of probation for persons placed on formal probation for an offense that requires registration pursuant to Sections 290 to 290.023, inclusive, or for the offense specified in Section 645.5, shall include all of the following: (1) Persons placed on formal probation prior to July 1, 2012, shall participate in an approved sex offender management program, following the standards developed pursuant to Section 9003, for a period of not less than one year or the remaining term of probation if it is less than one year. The length of the period in the program is to be determined by the certified sex offender management professional in consultation with the probation officer and as approved by the court. Participation in this program applies to every person described without regard to when his or her crime or crimes were committed. (2) Persons placed on formal probation on or after July 1, 2012, shall successfully complete a sex offender management program, following the standards developed pursuant to Section 9003, as a condition of release from probation. The length of the period in the program shall be not less than one year, up to the entire period of probation, as determined by the certified sex offender management professional in consultation with the probation officer and as approved by the court. Participation in this program applies to each person without regard to when his or her crime or crimes were committed. (3) Waiver of any privilege against self-incrimination and participation in polygraph examinations, which shall be part of the sex offender management program. (4) Waiver of any psychotherapist-patient privilege to enable communication between the sex offender management professional and supervising probation officer, pursuant to Section 290.09. (c) Any defendant ordered to be placed in an approved sex offender management program pursuant to subdivision (b) shall be responsible for paying the expense of his or her participation in the 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. SEC. 3. Section 3008 of the Penal Code is amended to read: 3008. (a) The Department of Corrections and Rehabilitation shall ensure that all parolees under active supervision who are deemed to pose a high risk to the public of committing sex crimes, as determined by the State-Authorized Risk Assessment Tool for Sex Offenders (SARATSO), as set forth in Sections 290.04 to 290.06, inclusive, are placed on intensive and specialized parole supervision and are required to report frequently to designated parole officers. The department may place any other parolee convicted of an offense that requires him or her to register as a sex offender pursuant to Section 290 who is on active supervision on intensive and specialized supervision and require him or her to report frequently to designated parole officers. (b) The department shall develop and, at the discretion of the secretary, and subject to an appropriation of the necessary funds, may implement a plan for the implementation of relapse prevention treatment programs, and the provision of other services deemed necessary by the department, in conjunction with intensive and specialized parole supervision, to reduce the recidivism of sex offenders. (c) The department shall develop control and containment programming for sex offenders who have been deemed to pose a high risk to the public of committing a sex crime, as determined by the SARATSO, and shall require participation in appropriate programming as a condition of parole. (d) On or after July 1, 2012, the parole conditions of a person released on parole for an offense that requires registration pursuant to Sections 290 to 290.023, inclusive, or for the offense specified in Section 645.5, shall include all of the following: (1) Persons placed on parole prior to July 1, 2012, shall participate in an approved sex offender management program, following the standards developed pursuant to Section 9003, for a period of not less than one year or the remaining term of parole if it is less than one year. The length of the period in the program is to be determined by the certified sex offender management professional in consultation with the parole officer and as approved by the court. Participation in this program applies to each person without regard to when his or her crime or crimes were committed. (2) Persons placed on parole on or after July 1, 2012, shall successfully complete a sex offender management program, following the standards developed pursuant to Section 9003, as a condition of parole. The length of the period in the program shall be not less than one year, up to the entire period of parole, as determined by the certified sex offender management professional in consultation with the parole officer and as approved by the court. Participation in this program applies to every person described without regard to when his or her crime or crimes were committed. (3) Waiver of any privilege against self-incrimination and participation in polygraph examinations, which shall be part of the sex offender management program. (4) Waiver of any psychotherapist-patient privilege to enable communication between the sex offender management professional and supervising parole officer, pursuant to Section 290.09. (e) Any defendant ordered to be placed in an approved sex offender management treatment program pursuant to subdivision (d) shall be responsible for paying the expense of his or her participation in the program. The department shall take into consideration the ability of the defendant to pay, and no defendant shall be denied discharge onto parole because of his or her inability to pay. SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 399.15 of the Public Utilities Code is amended to read: 399.15. (a) In order to fulfill unmet long-term resource needs, the commission shall establish a renewables portfolio standard requiring all retail sellers to procure a minimum quantity of electricity products from eligible renewable energy resources as a specified percentage of total kilowatthours sold to their retail end-use customers each compliance period to achieve the targets established under this article. For any retail seller procuring at least 14 percent of retail sales from eligible renewable energy resources in 2010, the deficits associated with any previous renewables portfolio standard shall not be added to any procurement requirement pursuant to this article. (b) The commission shall implement renewables portfolio standard procurement requirements only as follows: (1) Each retail seller shall procure a minimum quantity of eligible renewable energy resources for each of the following compliance periods: (A) January 1, 2011, to December 31, 2013, inclusive. (B) January 1, 2014, to December 31, 2016, inclusive. (C) January 1, 2017, to December 31, 2020, inclusive. (2) (A) No later than January 1, 2012, the commission shall establish the quantity of electricity products from eligible renewable energy resources to be procured by the retail seller for each compliance period. These quantities shall be established in the same manner for all retail sellers and result in the same percentages used to establish compliance period quantities for all retail sellers. (B) In establishing quantities for the compliance period from January 1, 2011, to December 31, 2013, inclusive, the commission shall require procurement for each retail seller equal to an average of 20 percent of retail sales. For the following compliance periods, the quantities shall reflect reasonable progress in each of the intervening years sufficient to ensure that the procurement of electricity products from eligible renewable energy resources achieves 25 percent of retail sales by December 31, 2016, and 33 percent of retail sales by December 31, 2020. The commission shall require retail sellers to procure not less than 33 percent of retail sales of electricity products from eligible renewable energy resources in all subsequent years. (C) Retail sellers shall be obligated to procure no less than the quantities associated with all intervening years by the end of each compliance period. Retail sellers shall not be required to demonstrate a specific quantity of procurement for any individual intervening year. (3) The commission may require the procurement of eligible renewable energy resources in excess of the quantities specified in paragraph (2). The commission shall evaluate the economic impacts benefits and costs to the California economy, including upon low- and middle-income individuals and families and disadvantaged communities, before exercise of its authority pursuant to this paragraph to increase the procurement of eligible renewable energy resources. In performing its evaluation, the commission shall conduct duly noticed public workshops throughout the state to allow for public comment and consideration of the economic findings. These workshops shall be completed not less than 60 days prior to consideration by the commission of a rule that would require procurement of eligible renewable energy resources in excess of the quantities specified in paragraph (2). (4) Only for purposes of establishing the renewables portfolio standard procurement requirements of paragraph (1) and determining the quantities pursuant to paragraph (2), the commission shall include all electricity sold to retail customers by the Department of Water Resources pursuant to Division 27 (commencing with Section 80000) of the Water Code in the calculation of retail sales by an electrical corporation. (5) The commission shall waive enforcement of this section if it finds that the retail seller has demonstrated any of the following conditions are beyond the control of the retail seller and will prevent compliance: (A) There is inadequate transmission capacity to allow for sufficient electricity to be delivered from proposed eligible renewable energy resource projects using the current operational protocols of the Independent System Operator. In making its findings relative to the existence of this condition with respect to a retail seller that owns transmission lines, the commission shall consider both of the following: (i) Whether the retail seller has undertaken, in a timely fashion, reasonable measures under its control and consistent with its obligations under local, state, and federal laws and regulations, to develop and construct new transmission lines or upgrades to existing lines intended to transmit electricity generated by eligible renewable energy resources. In determining the reasonableness of a retail seller’s actions, the commission shall consider the retail seller’s expectations for full-cost recovery for these transmission lines and upgrades. (ii) Whether the retail seller has taken all reasonable operational measures to maximize cost-effective deliveries of electricity from eligible renewable energy resources in advance of transmission availability. (B) Permitting, interconnection, or other circumstances that delay procured eligible renewable energy resource projects, or there is an insufficient supply of eligible renewable energy resources available to the retail seller. In making a finding that this condition prevents timely compliance, the commission shall consider whether the retail seller has done all of the following: (i) Prudently managed portfolio risks, including relying on a sufficient number of viable projects. (ii) Sought to develop one of the following: its own eligible renewable energy resources, transmission to interconnect to eligible renewable energy resources, or energy storage used to integrate eligible renewable energy resources. This clause shall not require an electrical corporation to pursue development of eligible renewable energy resources pursuant to Section 399.14. (iii) Procured an appropriate minimum margin of procurement above the minimum procurement level necessary to comply with the renewables portfolio standard to compensate for foreseeable delays or insufficient supply. (iv) Taken reasonable measures, under the control of the retail seller, to procure cost-effective distributed generation and allowable unbundled renewable energy credits. (C) Unanticipated curtailment of eligible renewable energy resources necessary to address the needs of a balancing authority. (6) If the commission waives the compliance requirements of this section, the commission shall establish additional reporting requirements on the retail seller to demonstrate that all reasonable actions under the control of the retail seller are taken in each of the intervening years sufficient to satisfy future procurement requirements. (7) The commission shall not waive enforcement pursuant to this section, unless the retail seller demonstrates that it has taken all reasonable actions under its control, as set forth in paragraph (5), to achieve full compliance. (8) If a retail seller fails to procure sufficient eligible renewable energy resources to comply with a procurement requirement pursuant to paragraphs (1) and (2) and fails to obtain an order from the commission waiving enforcement pursuant to paragraph (5), the commission shall exercise its authority pursuant to Section 2113. (9) Deficits associated with the compliance period shall not be added to a future compliance period. (c) The commission shall establish a limitation for each electrical corporation on the procurement expenditures for all eligible renewable energy resources used to comply with the renewables portfolio standard. In establishing this limitation, the commission shall rely on the following: (1) The most recent renewable energy procurement plan. (2) Procurement expenditures that approximate the expected cost of building, owning, and operating eligible renewable energy resources. (3) The potential that some planned resource additions may be delayed or canceled. (d) In developing the limitation pursuant to subdivision (c), the commission shall ensure all of the following: (1) The limitation is set at a level that prevents disproportionate rate impacts. (2) The costs of all procurement credited toward achieving the renewables portfolio standard are counted towards the limitation. (3) Procurement expenditures do not include any indirect expenses, including imbalance energy charges, sale of excess energy, decreased generation from existing resources, transmission upgrades, or the costs associated with relicensing any utility-owned hydroelectric facilities. (e) (1) No later than January 1, 2016, the commission shall prepare a report to the Legislature assessing whether each electrical corporation can achieve a 33-percent renewables portfolio standard by December 31, 2020, and maintain that level thereafter, within the adopted cost limitations. If the commission determines that it is necessary to change the limitation for procurement costs incurred by any electrical corporation after that date, it may propose a revised cap consistent with the criteria in subdivisions (c) and (d). The proposed modifications shall take effect no earlier than January 1, 2017. (2) Notwithstanding Section 10231.5 of the Government Code, the requirement for submitting a report imposed under paragraph (1) is inoperative on January 1, 2021. (3) A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. (f) If the cost limitation for an electrical corporation is insufficient to support the projected costs of meeting the renewables portfolio standard procurement requirements, the electrical corporation may refrain from entering into new contracts or constructing facilities beyond the quantity that can be procured within the limitation, unless eligible renewable energy resources can be procured without exceeding a de minimis increase in rates, consistent with the long-term procurement plan established for the electrical corporation pursuant to Section 454.5. (g) (1) The commission shall monitor the status of the cost limitation for each electrical corporation in order to ensure compliance with this article. (2) If the commission determines that an electrical corporation may exceed its cost limitation prior to achieving the renewables portfolio standard procurement requirements, the commission shall do both of the following within 60 days of making that determination: (A) Investigate and identify the reasons why the electrical corporation may exceed its annual cost limitation. (B) Notify the appropriate policy and fiscal committees of the Legislature that the electrical corporation may exceed its cost limitation, and include the reasons why the electrical corporation may exceed its cost limitation. (h) The establishment of a renewables portfolio standard shall not constitute implementation by the commission of the federal Public Utility Regulatory Policies Act of 1978 (Public Law 95-617).

Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations, as defined. The Public Utilities Act imposes various duties and responsibilities on the commission with respect to the purchase of electricity and requires the commission to review and adopt a procurement plan and a renewable energy procurement plan for each electrical corporation pursuant to the California Renewables Portfolio Standard Program (RPS program). The RPS program requires the commission to establish a renewables portfolio standard requiring all retail sellers, as defined, to procure a minimum quantity of electricity products from eligible renewable energy resources, as defined, at specified percentages of the total kilowatthours sold to their retail end-customers during specified compliance periods. Existing law authorizes the commission to require a retail seller to procure eligible renewable energy resources in excess of the specified quantities. This bill would require that the commission evaluate the economic impacts benefits and costs to the California economy, including upon low- and middle-income individuals and families and disadvantaged communities, before exercise of its authority to increase the procurement of eligible renewable energy resources in excess of the specified quantities. The bill would require the commission, in performing its evaluation, to conduct duly noticed public workshops throughout the state to allow for public comment and consideration of the economic findings.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 399.15 of the Public Utilities Code is amended to read: 399.15. (a) In order to fulfill unmet long-term resource needs, the commission shall establish a renewables portfolio standard requiring all retail sellers to procure a minimum quantity of electricity products from eligible renewable energy resources as a specified percentage of total kilowatthours sold to their retail end-use customers each compliance period to achieve the targets established under this article. For any retail seller procuring at least 14 percent of retail sales from eligible renewable energy resources in 2010, the deficits associated with any previous renewables portfolio standard shall not be added to any procurement requirement pursuant to this article. (b) The commission shall implement renewables portfolio standard procurement requirements only as follows: (1) Each retail seller shall procure a minimum quantity of eligible renewable energy resources for each of the following compliance periods: (A) January 1, 2011, to December 31, 2013, inclusive. (B) January 1, 2014, to December 31, 2016, inclusive. (C) January 1, 2017, to December 31, 2020, inclusive. (2) (A) No later than January 1, 2012, the commission shall establish the quantity of electricity products from eligible renewable energy resources to be procured by the retail seller for each compliance period. These quantities shall be established in the same manner for all retail sellers and result in the same percentages used to establish compliance period quantities for all retail sellers. (B) In establishing quantities for the compliance period from January 1, 2011, to December 31, 2013, inclusive, the commission shall require procurement for each retail seller equal to an average of 20 percent of retail sales. For the following compliance periods, the quantities shall reflect reasonable progress in each of the intervening years sufficient to ensure that the procurement of electricity products from eligible renewable energy resources achieves 25 percent of retail sales by December 31, 2016, and 33 percent of retail sales by December 31, 2020. The commission shall require retail sellers to procure not less than 33 percent of retail sales of electricity products from eligible renewable energy resources in all subsequent years. (C) Retail sellers shall be obligated to procure no less than the quantities associated with all intervening years by the end of each compliance period. Retail sellers shall not be required to demonstrate a specific quantity of procurement for any individual intervening year. (3) The commission may require the procurement of eligible renewable energy resources in excess of the quantities specified in paragraph (2). The commission shall evaluate the economic impacts benefits and costs to the California economy, including upon low- and middle-income individuals and families and disadvantaged communities, before exercise of its authority pursuant to this paragraph to increase the procurement of eligible renewable energy resources. In performing its evaluation, the commission shall conduct duly noticed public workshops throughout the state to allow for public comment and consideration of the economic findings. These workshops shall be completed not less than 60 days prior to consideration by the commission of a rule that would require procurement of eligible renewable energy resources in excess of the quantities specified in paragraph (2). (4) Only for purposes of establishing the renewables portfolio standard procurement requirements of paragraph (1) and determining the quantities pursuant to paragraph (2), the commission shall include all electricity sold to retail customers by the Department of Water Resources pursuant to Division 27 (commencing with Section 80000) of the Water Code in the calculation of retail sales by an electrical corporation. (5) The commission shall waive enforcement of this section if it finds that the retail seller has demonstrated any of the following conditions are beyond the control of the retail seller and will prevent compliance: (A) There is inadequate transmission capacity to allow for sufficient electricity to be delivered from proposed eligible renewable energy resource projects using the current operational protocols of the Independent System Operator. In making its findings relative to the existence of this condition with respect to a retail seller that owns transmission lines, the commission shall consider both of the following: (i) Whether the retail seller has undertaken, in a timely fashion, reasonable measures under its control and consistent with its obligations under local, state, and federal laws and regulations, to develop and construct new transmission lines or upgrades to existing lines intended to transmit electricity generated by eligible renewable energy resources. In determining the reasonableness of a retail seller’s actions, the commission shall consider the retail seller’s expectations for full-cost recovery for these transmission lines and upgrades. (ii) Whether the retail seller has taken all reasonable operational measures to maximize cost-effective deliveries of electricity from eligible renewable energy resources in advance of transmission availability. (B) Permitting, interconnection, or other circumstances that delay procured eligible renewable energy resource projects, or there is an insufficient supply of eligible renewable energy resources available to the retail seller. In making a finding that this condition prevents timely compliance, the commission shall consider whether the retail seller has done all of the following: (i) Prudently managed portfolio risks, including relying on a sufficient number of viable projects. (ii) Sought to develop one of the following: its own eligible renewable energy resources, transmission to interconnect to eligible renewable energy resources, or energy storage used to integrate eligible renewable energy resources. This clause shall not require an electrical corporation to pursue development of eligible renewable energy resources pursuant to Section 399.14. (iii) Procured an appropriate minimum margin of procurement above the minimum procurement level necessary to comply with the renewables portfolio standard to compensate for foreseeable delays or insufficient supply. (iv) Taken reasonable measures, under the control of the retail seller, to procure cost-effective distributed generation and allowable unbundled renewable energy credits. (C) Unanticipated curtailment of eligible renewable energy resources necessary to address the needs of a balancing authority. (6) If the commission waives the compliance requirements of this section, the commission shall establish additional reporting requirements on the retail seller to demonstrate that all reasonable actions under the control of the retail seller are taken in each of the intervening years sufficient to satisfy future procurement requirements. (7) The commission shall not waive enforcement pursuant to this section, unless the retail seller demonstrates that it has taken all reasonable actions under its control, as set forth in paragraph (5), to achieve full compliance. (8) If a retail seller fails to procure sufficient eligible renewable energy resources to comply with a procurement requirement pursuant to paragraphs (1) and (2) and fails to obtain an order from the commission waiving enforcement pursuant to paragraph (5), the commission shall exercise its authority pursuant to Section 2113. (9) Deficits associated with the compliance period shall not be added to a future compliance period. (c) The commission shall establish a limitation for each electrical corporation on the procurement expenditures for all eligible renewable energy resources used to comply with the renewables portfolio standard. In establishing this limitation, the commission shall rely on the following: (1) The most recent renewable energy procurement plan. (2) Procurement expenditures that approximate the expected cost of building, owning, and operating eligible renewable energy resources. (3) The potential that some planned resource additions may be delayed or canceled. (d) In developing the limitation pursuant to subdivision (c), the commission shall ensure all of the following: (1) The limitation is set at a level that prevents disproportionate rate impacts. (2) The costs of all procurement credited toward achieving the renewables portfolio standard are counted towards the limitation. (3) Procurement expenditures do not include any indirect expenses, including imbalance energy charges, sale of excess energy, decreased generation from existing resources, transmission upgrades, or the costs associated with relicensing any utility-owned hydroelectric facilities. (e) (1) No later than January 1, 2016, the commission shall prepare a report to the Legislature assessing whether each electrical corporation can achieve a 33-percent renewables portfolio standard by December 31, 2020, and maintain that level thereafter, within the adopted cost limitations. If the commission determines that it is necessary to change the limitation for procurement costs incurred by any electrical corporation after that date, it may propose a revised cap consistent with the criteria in subdivisions (c) and (d). The proposed modifications shall take effect no earlier than January 1, 2017. (2) Notwithstanding Section 10231.5 of the Government Code, the requirement for submitting a report imposed under paragraph (1) is inoperative on January 1, 2021. (3) A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. (f) If the cost limitation for an electrical corporation is insufficient to support the projected costs of meeting the renewables portfolio standard procurement requirements, the electrical corporation may refrain from entering into new contracts or constructing facilities beyond the quantity that can be procured within the limitation, unless eligible renewable energy resources can be procured without exceeding a de minimis increase in rates, consistent with the long-term procurement plan established for the electrical corporation pursuant to Section 454.5. (g) (1) The commission shall monitor the status of the cost limitation for each electrical corporation in order to ensure compliance with this article. (2) If the commission determines that an electrical corporation may exceed its cost limitation prior to achieving the renewables portfolio standard procurement requirements, the commission shall do both of the following within 60 days of making that determination: (A) Investigate and identify the reasons why the electrical corporation may exceed its annual cost limitation. (B) Notify the appropriate policy and fiscal committees of the Legislature that the electrical corporation may exceed its cost limitation, and include the reasons why the electrical corporation may exceed its cost limitation. (h) The establishment of a renewables portfolio standard shall not constitute implementation by the commission of the federal Public Utility Regulatory Policies Act of 1978 (Public Law 95-617). ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 1502.8 is added to the Health and Safety Code, to read: 1502.8. The department shall adopt regulations consistent with paragraph (24) of subdivision (a) of Section 16001.9 of the Welfare and Institutions Code. SEC. 2. Section 16001.9 of the Welfare and Institutions Code is amended to read: 16001.9. (a) It is the policy of the state that all minors and nonminors in foster care shall have the following rights: (1) To live in a safe, healthy, and comfortable home where he or she is treated with respect. (2) To be free from physical, sexual, emotional, or other abuse, or corporal punishment. (3) To receive adequate and healthy food, adequate clothing, and, for youth in group homes, an allowance. (4) To receive medical, dental, vision, and mental health services. (5) To be free of the administration of medication or chemical substances, unless authorized by a physician. (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. (7) To visit and contact brothers and sisters, unless prohibited by court order. (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. (9) To make and receive confidential telephone calls and send and receive unopened mail, unless prohibited by court order. (10) To attend religious services and activities of his or her choice. (11) To maintain an emancipation bank account and manage personal income, consistent with the child’s age and developmental level, unless prohibited by the case plan. (12) To not be locked in a room, building, or facility premises, unless placed in a community treatment facility. (13) To attend school and participate in extracurricular, cultural, and personal enrichment activities, consistent with the child’s age and developmental level, with minimal disruptions to school attendance and educational stability. (14) To work and develop job skills at an age-appropriate level, consistent with state law. (15) To have social contacts with people outside of the foster care system, including teachers, church members, mentors, and friends. (16) To attend Independent Living Program classes and activities if he or she meets age requirements. (17) To attend court hearings and speak to the judge. (18) To have storage space for private use. (19) To be involved in the development of his or her own case plan and plan for permanent placement. (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. (21) To be free from unreasonable searches of personal belongings. (22) To the confidentiality of all juvenile court records consistent with existing law. (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. (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. (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. (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. (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. (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. (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). SEC. 3. Section 16006 is added to the Welfare and Institutions Code, to read: 16006. Children 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. SEC. 4. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

Existing law provides that a minor may be adjudged a dependent child of the juvenile court under specified circumstances. Existing law authorizes the court to place a minor who has been removed from the custody of his or her parent or guardian in foster care, among other placements. Existing law extends certain foster care benefits to youth up to 21 years of age, known as nonminor dependents if specified conditions are met. Under existing law, a county social worker develops a case plan for a minor or nonminor dependent that, among other things, identifies specific goals and the appropriateness of the planned services in meeting those goals. Existing law requires, if out-of-home placement is used to attain case plan goals, the case plan to include a description of the type of home or institution in which the child is to be placed, and the reasons for that placement decision. Existing law also specifies certain factors that must be considered in making a placement decision. This bill would require children and nonminor dependents in an out-of-home placement to be placed according to their gender identity, regardless of the gender or sex listed in their court or child welfare records. By expanding the duties of counties relating to the placement of foster children and nonminor dependents, this bill would impose a state-mandated local program. Existing law provides that it is the policy of the state that all minors and nonminors in foster care have specified rights, including, among others, the right 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. This bill would additionally specify that all minors and nonminors in foster care have the right 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. The bill would require the State Department of Social Services to adopt regulations consistent with this provision. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 1502.8 is added to the Health and Safety Code, to read: 1502.8. The department shall adopt regulations consistent with paragraph (24) of subdivision (a) of Section 16001.9 of the Welfare and Institutions Code. SEC. 2. Section 16001.9 of the Welfare and Institutions Code is amended to read: 16001.9. (a) It is the policy of the state that all minors and nonminors in foster care shall have the following rights: (1) To live in a safe, healthy, and comfortable home where he or she is treated with respect. (2) To be free from physical, sexual, emotional, or other abuse, or corporal punishment. (3) To receive adequate and healthy food, adequate clothing, and, for youth in group homes, an allowance. (4) To receive medical, dental, vision, and mental health services. (5) To be free of the administration of medication or chemical substances, unless authorized by a physician. (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. (7) To visit and contact brothers and sisters, unless prohibited by court order. (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. (9) To make and receive confidential telephone calls and send and receive unopened mail, unless prohibited by court order. (10) To attend religious services and activities of his or her choice. (11) To maintain an emancipation bank account and manage personal income, consistent with the child’s age and developmental level, unless prohibited by the case plan. (12) To not be locked in a room, building, or facility premises, unless placed in a community treatment facility. (13) To attend school and participate in extracurricular, cultural, and personal enrichment activities, consistent with the child’s age and developmental level, with minimal disruptions to school attendance and educational stability. (14) To work and develop job skills at an age-appropriate level, consistent with state law. (15) To have social contacts with people outside of the foster care system, including teachers, church members, mentors, and friends. (16) To attend Independent Living Program classes and activities if he or she meets age requirements. (17) To attend court hearings and speak to the judge. (18) To have storage space for private use. (19) To be involved in the development of his or her own case plan and plan for permanent placement. (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. (21) To be free from unreasonable searches of personal belongings. (22) To the confidentiality of all juvenile court records consistent with existing law. (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. (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. (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. (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. (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. (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. (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). SEC. 3. Section 16006 is added to the Welfare and Institutions Code, to read: 16006. Children 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. SEC. 4. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 21178 of the Public Resources Code is amended to read: 21178. The Legislature finds and declares all of the following: (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. (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. (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’ needs while also establishing new, cutting-edge environmental benefits to those regions. (d) These projects are privately financed or financed from revenues generated from the projects themselves and do not require taxpayer financing. (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. (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. (g) These pollution reductions will be the best in the nation compared to other comparable projects in the United States. (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. SEC. 2. Section 21181 of the Public Resources Code is amended to read: 21181. This 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. SEC. 3. Section 21183 of the Public Resources Code is amended to read: 21183. The Governor may certify a leadership project for streamlining pursuant to this chapter if all the following conditions are met: (a) The project will result in a minimum investment of one hundred million dollars ($100,000,000) in California upon completion of construction. (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, “jobs that pay prevailing wages” 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. (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. (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. (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, “project labor agreement” has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code. (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. (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. (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. (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. SEC. 4. Section 21184.5 is added to the Public Resources Code, to read: 21184.5. (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. (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. SEC. 5. Section 21189.1 of the Public Resources Code is amended to read: 21189.1. If, 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. SEC. 6. Section 21189.3 of the Public Resources Code is amended to read: 21189.3. This 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. SEC. 7. No reimbursement is required by this act pursuant to Section 6 of Article XIII B 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. SEC. 8. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order 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.

(1) The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. The Jobs and Economic Improvement Through Environmental Leadership Act of 2011 authorizes the Governor, until January 1, 2016, to certify projects meeting certain requirements, including the requirement that the project creates high-wage, highly skilled jobs that pay prevailing wages and living wages, for streamlining benefits provided by that act. The act provides that if a lead agency fails to approve a project certified by the Governor before January 1, 2017, then the certification expires and is no longer valid. The act requires a lead agency to prepare the record of proceedings for the certified project concurrent with the preparation of the environmental documents. The act is repealed by its own terms on January 1, 2017. This bill would extend the authority of the Governor to certify a project to January 1, 2018. The bill would provide that the certification expires and is no longer valid if the lead agency fails to approve a certified project before January 1, 2019. If a project is certified by the Governor, the bill would require contractors and subcontractors to pay to all construction workers employed in the execution of the project at least the general prevailing rate of per diem wages and would provide for the enforcement of this requirement. The bill would repeal the act on January 1, 2019. Because the bill would extend the obligation of the lead agency to prepare concurrently the record of proceedings, this bill would impose a state-mandated local program. This bill would, notwithstanding any other law, require a multifamily residential project certified pursuant to the act to provide private vehicle parking spaces that are priced and rented or purchased separately from dwelling units, except as provided. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. (3) This bill would declare that it is to take effect immediately as an urgency statute.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 21178 of the Public Resources Code is amended to read: 21178. The Legislature finds and declares all of the following: (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. (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. (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’ needs while also establishing new, cutting-edge environmental benefits to those regions. (d) These projects are privately financed or financed from revenues generated from the projects themselves and do not require taxpayer financing. (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. (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. (g) These pollution reductions will be the best in the nation compared to other comparable projects in the United States. (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. SEC. 2. Section 21181 of the Public Resources Code is amended to read: 21181. This 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. SEC. 3. Section 21183 of the Public Resources Code is amended to read: 21183. The Governor may certify a leadership project for streamlining pursuant to this chapter if all the following conditions are met: (a) The project will result in a minimum investment of one hundred million dollars ($100,000,000) in California upon completion of construction. (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, “jobs that pay prevailing wages” 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. (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. (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. (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, “project labor agreement” has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code. (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. (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. (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. (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. SEC. 4. Section 21184.5 is added to the Public Resources Code, to read: 21184.5. (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. (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. SEC. 5. Section 21189.1 of the Public Resources Code is amended to read: 21189.1. If, 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. SEC. 6. Section 21189.3 of the Public Resources Code is amended to read: 21189.3. This 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. SEC. 7. No reimbursement is required by this act pursuant to Section 6 of Article XIII B 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. SEC. 8. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order 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. ### Summary: This bill would amend the California Environmental Quality Act (CEQA) to allow the Governor to certify certain projects as environmental leadership development projects. The bill would also require

The people of the State of California do enact as follows: SECTION 1. Section 49414 of the Education Code is amended to read: 49414. (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. (b) For purposes of this section, the following terms have the following meanings: (1) “Anaphylaxis” means a potentially life-threatening hypersensitivity to a substance. (A) Symptoms of anaphylaxis may include shortness of breath, wheezing, difficulty breathing, difficulty talking or swallowing, hives, itching, swelling, shock, or asthma. (B) Causes of anaphylaxis may include, but are not limited to, an insect sting, food allergy, drug reaction, and exercise. (2) “Authorizing physician and surgeon” 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. (3) “Epinephrine auto-injector” 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. (4) “Qualified supervisor of health” may include, but is not limited to, a school nurse. (5) “Volunteer” or “trained personnel” 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). (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. (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. (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. (2) Training established pursuant to this subdivision shall include all of the following: (A) Techniques for recognizing symptoms of anaphylaxis. (B) Standards and procedures for the storage, restocking, and emergency use of epinephrine auto-injectors. (C) Emergency followup procedures, including calling the emergency 911 telephone number and contacting, if possible, the pupil’s parent and physician. (D) Recommendations on the necessity of instruction and certification in cardiopulmonary resuscitation. (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’s grade level or age as a guideline of equivalency for the appropriate pupil weight determination. (F) Written materials covering the information required under this subdivision. (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. (4) A school shall retain for reference the written materials prepared under subparagraph (F) of paragraph (2). (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: (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). (2) A description of the training that the volunteer will receive pursuant to subdivision (d). (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. (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). (3) A prescription pursuant to this subdivision may be filled by local or mail order pharmacies or epinephrine auto-injector manufacturers. (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’s issuance of the prescription or order constitutes gross negligence or willful or malicious conduct. (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. (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). (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’s personnel file. (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.

Existing law requires school districts, county offices of education, and charter schools to provide emergency epinephrine auto-injectors to school nurses and trained personnel who have volunteered, as specified, and authorizes school nurses and trained personnel to use epinephrine auto-injectors to provide emergency medical aid to persons suffering, or reasonably believed to be suffering, from an anaphylactic reaction. Existing law requires a qualified supervisor of health or administrator at a school district, county office of education, or charter school to obtain the prescription for epinephrine auto-injectors from an authorizing physician and surgeon, as defined, and authorizes the prescription to be filled by local or mail order pharmacies or epinephrine auto-injector manufacturers. This bill would prohibit an authorizing physician and surgeon from being subject to professional review, being liable in a civil action, or being subject to criminal prosecution for the issuance of a prescription or order, pursuant to these provisions, unless the physician and surgeon’s issuance of the prescription or order constitutes gross negligence or willful or malicious conduct. The bill would also update an entity reference.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 49414 of the Education Code is amended to read: 49414. (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. (b) For purposes of this section, the following terms have the following meanings: (1) “Anaphylaxis” means a potentially life-threatening hypersensitivity to a substance. (A) Symptoms of anaphylaxis may include shortness of breath, wheezing, difficulty breathing, difficulty talking or swallowing, hives, itching, swelling, shock, or asthma. (B) Causes of anaphylaxis may include, but are not limited to, an insect sting, food allergy, drug reaction, and exercise. (2) “Authorizing physician and surgeon” 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. (3) “Epinephrine auto-injector” 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. (4) “Qualified supervisor of health” may include, but is not limited to, a school nurse. (5) “Volunteer” or “trained personnel” 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). (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. (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. (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. (2) Training established pursuant to this subdivision shall include all of the following: (A) Techniques for recognizing symptoms of anaphylaxis. (B) Standards and procedures for the storage, restocking, and emergency use of epinephrine auto-injectors. (C) Emergency followup procedures, including calling the emergency 911 telephone number and contacting, if possible, the pupil’s parent and physician. (D) Recommendations on the necessity of instruction and certification in cardiopulmonary resuscitation. (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’s grade level or age as a guideline of equivalency for the appropriate pupil weight determination. (F) Written materials covering the information required under this subdivision. (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. (4) A school shall retain for reference the written materials prepared under subparagraph (F) of paragraph (2). (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: (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). (2) A description of the training that the volunteer will receive pursuant to subdivision (d). (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. (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). (3) A prescription pursuant to this subdivision may be filled by local or mail order pharmacies or epinephrine auto-injector manufacturers. (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’s issuance of the prescription or order constitutes gross negligence or willful or malicious conduct. (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. (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). (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’s personnel file. (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. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 26840.13 is added to the Government Code, to read: 26840.13. (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). (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. (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. (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: (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. (2) Outcomes achieved as a result of the activities associated with the implementation of this section. (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. SEC. 2. Section 103628.2 is added to the Health and Safety Code, to read: 103628.2. (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). (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. (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). (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. SEC. 3. Section 18309.6 is added to the Welfare and Institutions Code, to read: 18309.6. (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. (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’s office, the public defender’s 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. (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. SEC. 4. The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances in the County of Sonoma with respect to domestic violence. SECTION 1. Section 59111 of the Food and Agricultural Code is amended to read: 59111. (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’s 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’s office or on the department’s 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. (b)This section shall not apply to the termination of any marketing order or marketing agreement under Section 59087.

Existing law requires the collection of fees for issuing marriage licenses and for providing certified copies of vital records, including marriage certificates, birth certificates, fetal death records, and death records. Existing law provides for the establishment of county domestic violence program special funds for the purpose of funding local domestic violence programs. Certain fees payable at the time a marriage license is issued may be collected by the county clerks for deposit into these funds. Existing law authorizes the Alameda County Board of Supervisors and the Solano County Board of Supervisors, upon making certain findings and declarations, to authorize an increase in the fees for marriage licenses and confidential marriage licenses, up to a maximum increase of $2. Existing law authorizes those boards of supervisors, upon making certain findings and declarations, to authorize an increase in the fees for certified copies of certain vital records, up to a maximum increase of $2. Existing law authorizes those boards of supervisors to make further increases in those fees each year, as specified. Existing law requires these fees to be allocated for purposes relating to domestic violence prevention, intervention, and prosecution. This bill would, until January 1, 2021, provide the same authorization to increase fees for marriage licenses and certain vital records to the Sonoma County Board of Supervisors, and would require those fees to be allocated for purposes relating to domestic violence prevention, intervention, and prosecution. The bill would require the Sonoma County Board of Supervisors to submit to the Assembly and Senate Committees on Judiciary preliminary reports by July 1, 2019, and final reports by July 1, 2020, regarding the fee increase for marriage licenses, as specified. This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Sonoma. Existing law provides for the California Marketing Act of 1937 governing the marketing of commodities in this state. Under the act, the Secretary of Food and Agriculture is authorized to issue marketing orders and enter into marketing agreements, as specified. Existing law requires, 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 to be posted on a public bulletin board maintained by the secretary in his or her office. Existing law also requires the secretary to mail a copy of the notice to specified persons, including a person that files a written request for the notice, as specified. This bill would require the secretary to also post the notice on the Department of Food and Agriculture’s Internet Web site and would additionally require the secretary to mail a copy of the notice to a person that files an electronic request for the notice. The bill would make various nonsubstantive changes.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 26840.13 is added to the Government Code, to read: 26840.13. (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). (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. (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. (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: (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. (2) Outcomes achieved as a result of the activities associated with the implementation of this section. (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. SEC. 2. Section 103628.2 is added to the Health and Safety Code, to read: 103628.2. (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). (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. (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). (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. SEC. 3. Section 18309.6 is added to the Welfare and Institutions Code, to read: 18309.6. (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. (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’s office, the public defender’s 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. (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. SEC. 4. The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances in the County of Sonoma with respect to domestic violence. SECTION 1. Section 59111 of the Food and Agricultural Code is amended to read: 59111. (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’s 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’s office or on the department’s 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. (b)This section shall not apply to the termination of any marketing order or marketing agreement under Section 59087. ### Summary: This bill would amend the Food and Agricultural Code to require the Department of Food and Agriculture to post on its Internet Web site a notice of the issuance of any order

The people of the State of California do enact as follows: SECTION 1. Section 49414 of the Education Code is amended to read: 49414. (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. (b) For purposes of this section, the following terms have the following meanings: (1) “Anaphylaxis” means a potentially life-threatening hypersensitivity to a substance. (A) Symptoms of anaphylaxis may include shortness of breath, wheezing, difficulty breathing, difficulty talking or swallowing, hives, itching, swelling, shock, or asthma. (B) Causes of anaphylaxis may include, but are not necessarily limited to, an insect sting, food allergy, drug reaction, and exercise. (2) “Authorizing physician and surgeon” may include, but is not necessarily 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. (3) “Epinephrine auto-injector” 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. (4) “Qualified supervisor of health” may include, but is not necessarily limited to, a school nurse. (5) “Volunteer” or “trained personnel” 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). (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. (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. (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 Stanford Allergy Center, and others. (2) Training established pursuant to this subdivision shall include all of the following: (A) Techniques for recognizing symptoms of anaphylaxis. (B) Standards and procedures for the storage, restocking, and emergency use of epinephrine auto-injectors. (C) Emergency followup procedures, including calling the emergency 911 telephone number and contacting, if possible, the pupil’s parent and physician. (D) Recommendations on the necessity of instruction and certification in cardiopulmonary resuscitation. (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’s grade level or age as a guideline of equivalency for the appropriate pupil weight determination. (F) Written materials covering the information required under this subdivision. (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. (4) A school shall retain for reference the written materials prepared under subparagraph (F) of paragraph (2). (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: (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). (2) A description of the training that the volunteer will receive pursuant to subdivision (d). (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. (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). (3) A prescription pursuant to this subdivision may be filled by local or mail order pharmacies or epinephrine auto-injector manufacturers. (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. (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). (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’s personnel file. (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.

Existing law requires school districts, county offices of education, and charter schools to provide emergency epinephrine auto-injectors to school nurses and trained personnel who have volunteered, as specified, and would authorize school nurses and trained personnel to use epinephrine auto-injectors to provide emergency medical aid to persons suffering, or reasonably believed to be suffering, from an anaphylactic reaction. Existing law defines terms to be used for purposes of these provisions. This bill would make nonsubstantive changes to these provisions.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 49414 of the Education Code is amended to read: 49414. (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. (b) For purposes of this section, the following terms have the following meanings: (1) “Anaphylaxis” means a potentially life-threatening hypersensitivity to a substance. (A) Symptoms of anaphylaxis may include shortness of breath, wheezing, difficulty breathing, difficulty talking or swallowing, hives, itching, swelling, shock, or asthma. (B) Causes of anaphylaxis may include, but are not necessarily limited to, an insect sting, food allergy, drug reaction, and exercise. (2) “Authorizing physician and surgeon” may include, but is not necessarily 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. (3) “Epinephrine auto-injector” 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. (4) “Qualified supervisor of health” may include, but is not necessarily limited to, a school nurse. (5) “Volunteer” or “trained personnel” 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). (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. (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. (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 Stanford Allergy Center, and others. (2) Training established pursuant to this subdivision shall include all of the following: (A) Techniques for recognizing symptoms of anaphylaxis. (B) Standards and procedures for the storage, restocking, and emergency use of epinephrine auto-injectors. (C) Emergency followup procedures, including calling the emergency 911 telephone number and contacting, if possible, the pupil’s parent and physician. (D) Recommendations on the necessity of instruction and certification in cardiopulmonary resuscitation. (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’s grade level or age as a guideline of equivalency for the appropriate pupil weight determination. (F) Written materials covering the information required under this subdivision. (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. (4) A school shall retain for reference the written materials prepared under subparagraph (F) of paragraph (2). (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: (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). (2) A description of the training that the volunteer will receive pursuant to subdivision (d). (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. (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). (3) A prescription pursuant to this subdivision may be filled by local or mail order pharmacies or epinephrine auto-injector manufacturers. (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. (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). (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’s personnel file. (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. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 281 of the Public Utilities Code is amended to read: 281. (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. (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. (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. (c) The commission shall establish the following accounts within the fund: (1) The Broadband Infrastructure Grant Account. (2) The Rural and Urban Regional Broadband Consortia Grant Account. (3) The Broadband Infrastructure Revolving Loan Account. (4) The Broadband Public Housing Account. (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: (A) One hundred ninety million dollars ($190,000,000) into the Broadband Infrastructure Grant Account. (B) Fifteen million dollars ($15,000,000) into the Rural and Urban Regional Broadband Consortia Grant Account. (C) Ten million dollars ($10,000,000) into the Broadband Infrastructure Revolving Loan Account. (2) All interest earned on moneys in the fund shall be deposited in the fund. (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. (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. (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. (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: (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. (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. (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. (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. (E) That the commission shall establish a service list of interested parties to be notified of California Advanced Services Fund applications. (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. (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. (h) (1) For purposes of this subdivision, the following terms have the following meanings: (A) “Publicly subsidized” 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. (B) “Publicly supported community” means a publicly subsidized multifamily housing development that is wholly owned by either of the following: (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. (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 “low” or “very low” income according to federal poverty guidelines. (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. (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. (B) (i) In its review of applications received pursuant to subparagraph (A), the commission shall award grants only to unserved housing developments. (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. (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. (B) A publicly supported community may contract with other nonprofit or public agencies to assist in implementation of a broadband adoption program. (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. (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. (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. (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). SEC. 2. Section 914.7 of the Public Utilities Code is amended to read: 914.7. (a) By April 1 of each year, the commission shall provide a report to the Legislature that includes all of the following information: (1) The amount of funds expended from the California Advanced Services Fund in the prior year. (2) The recipients of funds expended from the California Advanced Services Fund in the prior year. (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. (4) The expected benefits to be derived from the funds expended from the California Advanced Services Fund in the prior year. (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. (6) Actual broadband adoption levels from the funds expended from the California Advanced Services Fund in the prior year. (7) The amount of funds expended from the California Advanced Services Fund used to match federal funds. (8) Additional details on efforts to leverage non-California Advanced Services Fund funds. (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. (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. (b) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2022.

Existing law, the federal Telecommunications Act of 1996, establishes a program of cooperative federalism for the regulation of telecommunications to attain the goal of local competition, while implementing specific, predictable, and sufficient federal and state mechanisms to preserve and advance universal service, consistent with certain universal service principles. The universal service principles include the principle that consumers in all regions of the nation, including low-income consumers and those in rural, insular, and high-cost areas, should have access to telecommunications and information services, including interexchange services and advanced telecommunications and information services, that are reasonably comparable to those services provided in urban areas and that are available at rates that are reasonably comparable to rates charged for similar services in urban areas. The act authorizes each state to adopt regulations to provide for additional definitions and standards to preserve and advance universal service within the state, only to the extent that they adopt additional specific, predictable, and sufficient mechanisms that do not rely on or burden federal universal service support mechanisms. Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including telephone corporations, as defined. Existing law establishes the California Advanced Services Fund, referred to as the CASF, in the State Treasury. Existing law requires the commission to develop, implement, and administer the CASF 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, as provided in specified decisions of the commission and in the CASF statute. Existing law establishes the Rural and Urban Regional Broadband Consortia Grant Account within the CASF. Existing law provides that moneys in the Rural and Urban Regional Broadband Consortia Grant Account are 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, and provides that an eligible consortium may include representatives of organizations, including 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. This bill would specifically include representatives of workforce organizations and air pollution control or air quality management districts amongst the persons that can be included in an eligible consortium. Existing law establishes the Broadband Public Housing Account within the CASF. Existing law provides that moneys in that account are available for, among other things, grants and loans to publicly supported communities to finance projects to connect to broadband networks. This bill would require the commission, in its review of applications for grants and loans for this purpose, to prioritize unserved housing developments, as defined. Existing law transferred moneys from other accounts within the CASF to the Broadband Public Housing Account for various specified purposes and provided that those transferred moneys not awarded by December 31, 2016, would be returned to the accounts from which they were transferred. This bill would postpone the return of those moneys until December 31, 2020. By authorizing the granting of moneys remaining in the Broadband Public Housing Account until that date, this bill would make an appropriation. Existing law requires the commission to annually report to the Legislature on the expenditures of CASF funds, as specified, including the geographic regions of the state affected by those expenditures in the prior year. This bill would require the commission’s report to the Legislature to include that information by county, details on efforts to leverage non-CASF funds, the status of each project funded through the CASF, whether the project has been completed, and, if applicable, the expected completion date of the project.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 281 of the Public Utilities Code is amended to read: 281. (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. (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. (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. (c) The commission shall establish the following accounts within the fund: (1) The Broadband Infrastructure Grant Account. (2) The Rural and Urban Regional Broadband Consortia Grant Account. (3) The Broadband Infrastructure Revolving Loan Account. (4) The Broadband Public Housing Account. (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: (A) One hundred ninety million dollars ($190,000,000) into the Broadband Infrastructure Grant Account. (B) Fifteen million dollars ($15,000,000) into the Rural and Urban Regional Broadband Consortia Grant Account. (C) Ten million dollars ($10,000,000) into the Broadband Infrastructure Revolving Loan Account. (2) All interest earned on moneys in the fund shall be deposited in the fund. (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. (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. (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. (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: (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. (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. (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. (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. (E) That the commission shall establish a service list of interested parties to be notified of California Advanced Services Fund applications. (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. (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. (h) (1) For purposes of this subdivision, the following terms have the following meanings: (A) “Publicly subsidized” 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. (B) “Publicly supported community” means a publicly subsidized multifamily housing development that is wholly owned by either of the following: (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. (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 “low” or “very low” income according to federal poverty guidelines. (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. (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. (B) (i) In its review of applications received pursuant to subparagraph (A), the commission shall award grants only to unserved housing developments. (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. (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. (B) A publicly supported community may contract with other nonprofit or public agencies to assist in implementation of a broadband adoption program. (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. (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. (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. (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). SEC. 2. Section 914.7 of the Public Utilities Code is amended to read: 914.7. (a) By April 1 of each year, the commission shall provide a report to the Legislature that includes all of the following information: (1) The amount of funds expended from the California Advanced Services Fund in the prior year. (2) The recipients of funds expended from the California Advanced Services Fund in the prior year. (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. (4) The expected benefits to be derived from the funds expended from the California Advanced Services Fund in the prior year. (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. (6) Actual broadband adoption levels from the funds expended from the California Advanced Services Fund in the prior year. (7) The amount of funds expended from the California Advanced Services Fund used to match federal funds. (8) Additional details on efforts to leverage non-California Advanced Services Fund funds. (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. (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. (b) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2022. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 1726 of the Health and Safety Code is amended to read: 1726. (a) No A private or public organization, including, but not limited to, any partnership, corporation, political subdivision of the state, or other governmental agency within the state, shall not provide, or arrange for the provision of, skilled nursing services in the home in this state without first obtaining a home health agency license. (b) No A private or public organization, including, but not limited to, any partnership, corporation, or political subdivision of the state, or other governmental agency within the state, shall not do any of the following unless it is licensed under this chapter: (1) Represent itself to be a home health agency by its name or advertisement, soliciting, or any other presentments to the public, or in the context of services within the scope of this chapter imply that it is licensed to provide those services or to make any reference to employee bonding in relation to those services. (2) Use the words “home health agency,” “home health,” “home-health,” “homehealth,” or “in-home health,” or any combination of those terms, within its name. (3) Use the words “skilled” or “nursing,” or any combination of those terms within its name, to imply that it is licensed as a home health agency to provide those services. (c) In implementing the system of licensing for home health agencies, the department shall distinguish between the functions of a home health agency and the functions of an employment agency or a licensed nurses’ registry pursuant to Title 2.91 (commencing with Section 1812.500) of Part 4 of Division 3 of the Civil Code. An employment agency or a licensed nurses’ registry performing its functions as specified in Title 2.91 (commencing with Section 1812.500) of Part 4 of Division 3 of the Civil Code is not required to secure a home health agency license under subdivision (a), unless it is performing the functions of a home health agency, as defined in this chapter. However, subdivision (b) shall apply to an employment agency or a licensed nurses’ registry that is not licensed under this chapter. (d) A hospice home health agency is not required to secure a home health agency license under subdivision (a). However, subdivision (b) shall apply to a hospice that is not licensed under this chapter. hospice license pursuant to Section 1747 in order to become certified to provide hospice care. SEC. 2. Section 1747 of the Health and Safety Code is amended to read: 1747. (a) No A person, political subdivision of the state, or other governmental agency, that is not operating a hospice as of January 1, 1991, agency shall not establish or operate a hospice without first obtaining a license under this chapter. chapter, unless it is a licensed home health agency that is exempt pursuant to Section 1747.1. (b) Any person, political subdivision of the state, or other governmental agency, that is operating a hospice as of January 1, 1991, may continue to operate the hospice only under the following conditions: (1) The person, political subdivision of the state, or other governmental agency shall apply to the state department for a license under this chapter within 60 days after forms for the application of licensure under this chapter are available from the state department. (2) The person, political subdivision of the state, or other governmental agency shall cease calling or referring to itself as a hospice upon the final decision of the director upholding the state department’s denial of an application for licensure under this chapter. (c) Nothing in this chapter shall preclude the ongoing use of the title “volunteer hospice” by those organizations that satisfy all of the following: (1) They do not provide skilled nursing services. (2) They do not charge patients or families for hospice services, and they do not receive third-party insurance payments for services rendered. (3) They satisfy the disclosure requirements specified in subdivision (c) of Section 1748. (d) A small and rural hospice is exempt from the licensing provisions of this chapter and the disclosure requirements of subdivision (c) of Section 1748. A small and rural hospice may provide skilled nursing services and may use the title “volunteer hospice.” For (e) For purposes of this chapter, a “small and rural hospice” means a hospice that provides services to less than 50 patients per year, does not charge for services, does not receive third-party payment for services rendered, and is not located in a standard metropolitan statistical area. SEC. 3. Section 1747.1 of the Health and Safety Code is repealed. 1747.1. A hospice program certified in accordance with federal Medicare hospice conditions of participation shall be exempt from subdivision (a) of Section 1747, but shall be subject to Section 1726 unless it elects to apply for hospice licensure. A hospice program that elects to apply for hospice licensure shall thereafter be subject to all the hospice licensure requirements set forth in this chapter. SEC. 4. Section 1747.1 is added to the Health and Safety Code, to read: 1747.1. A home health agency licensed pursuant to Section 1726 is exempt from the requirement to obtain a license pursuant to Section 1747 if the hospice program is certified in accordance with federal Medicare hospice conditions of participation. A home health agency may provide hospice care if the agency is in the process of obtaining that certification. The hospice certification process shall commence no later than the commencement of the process for recertification as a home health agency, unless the home health agency is otherwise exempt from the hospice certification process. SEC. 5. Section 1748 of the Health and Safety Code is amended to read: 1748. (a) Except as otherwise provided in subdivision (b) (a), (b), or (d) of Section 1747, no a person, political subdivision of the state, or other governmental agency shall not establish, conduct, maintain, or represent itself as a hospice unless a license has been issued under this chapter. Multiple locations need not obtain a separate license. Multiple locations shall be listed on the license of the parent agency and each shall pay a licensing fee in the amount prescribed by subdivision (a) of Section 1750. (b) Any person, political subdivision of the state, or other governmental agency desiring a license to establish a hospice shall file with the state department a verified application on a form prescribed and furnished by the state department which contains any information as may be required by the state department for the proper administration and enforcement of this chapter. (c) Any hospice that is not required to obtain a license under this chapter shall disclose in all advertisements and information provided to the public all of the following information: (1) It is not required to be licensed and is not regulated by the state department. (2) Any complaint against the hospice should be directed to the local district attorney and the state department. (3) Any complaint against personnel licensed by a board or committee within the Department of Consumer Affairs and employed by the hospice should be directed to the respective board or committee. Any complaint against a certified home health aide or certified nurse assistant shall be directed to the state department. The address and phone number of any state agency, board, or committee which is responsible for addressing complaints shall be provided by the hospice, upon request, to any patient of the hospice. SECTION 1. Section 1596.65 of the Health and Safety Code is amended to read: 1596.65. (a) An employment agency, as defined in Section 1812.501 of the Civil Code, that refers a child care provider to parents or guardians who are not required to be a licensed child day care facility shall not make a placement of a child care provider who is not a trustline applicant or a registered child care provider. (b) A violation of this section is a misdemeanor and shall be punishable by a fine of one hundred dollars ($100).

Existing law provides for the licensure and regulation of home health agencies by the State Department of Public Health. Existing law requires all private or public organizations that provide or arrange for skilled nursing services to patients in the home to obtain a home health agency license. Existing law, the California Hospice Licensure Act of 1990 (the act), provides for the licensure and regulation by the State Department of Public Health of persons or agencies that provide hospice services to persons, and the families of persons, who are experiencing the last phases of life due to a terminal disease. The act prohibits a person, political subdivision of the state, or other governmental agency from establishing or operating a hospice without first obtaining a license. Existing federal law also provides for the certification of hospice care for purposes of Medicare reimbursement. Existing law exempts a hospice program certified in accordance with federal Medicare hospice conditions of participation from the requirement to obtain a license pursuant to the act, but provides that the program is subject to home health agency licensure unless it elects to apply for hospice licensure. This bill instead would exempt a licensed home health agency from the requirement to obtain a license to provide hospice services if the hospice program is certified in accordance with federal Medicare hospice conditions of participation or is in the process of obtaining that certification. The bill would also make conforming changes. Existing law requires the State Department of Social Services to establish a trustline registry for trustline providers who meet prescribed requirements. Existing law defines a trustline provider as a person 18 years of age or older who provides child care, supervision, or in-home educational or counseling services, and who is not required to be licensed as a child day care facility. Existing law prohibits an employment agency from making a referral of a child care provider unless the child care provider is a trustline applicant or registered child care provider. This bill would make a technical, nonsubstantive change to a provision related to the trustline registry.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 1726 of the Health and Safety Code is amended to read: 1726. (a) No A private or public organization, including, but not limited to, any partnership, corporation, political subdivision of the state, or other governmental agency within the state, shall not provide, or arrange for the provision of, skilled nursing services in the home in this state without first obtaining a home health agency license. (b) No A private or public organization, including, but not limited to, any partnership, corporation, or political subdivision of the state, or other governmental agency within the state, shall not do any of the following unless it is licensed under this chapter: (1) Represent itself to be a home health agency by its name or advertisement, soliciting, or any other presentments to the public, or in the context of services within the scope of this chapter imply that it is licensed to provide those services or to make any reference to employee bonding in relation to those services. (2) Use the words “home health agency,” “home health,” “home-health,” “homehealth,” or “in-home health,” or any combination of those terms, within its name. (3) Use the words “skilled” or “nursing,” or any combination of those terms within its name, to imply that it is licensed as a home health agency to provide those services. (c) In implementing the system of licensing for home health agencies, the department shall distinguish between the functions of a home health agency and the functions of an employment agency or a licensed nurses’ registry pursuant to Title 2.91 (commencing with Section 1812.500) of Part 4 of Division 3 of the Civil Code. An employment agency or a licensed nurses’ registry performing its functions as specified in Title 2.91 (commencing with Section 1812.500) of Part 4 of Division 3 of the Civil Code is not required to secure a home health agency license under subdivision (a), unless it is performing the functions of a home health agency, as defined in this chapter. However, subdivision (b) shall apply to an employment agency or a licensed nurses’ registry that is not licensed under this chapter. (d) A hospice home health agency is not required to secure a home health agency license under subdivision (a). However, subdivision (b) shall apply to a hospice that is not licensed under this chapter. hospice license pursuant to Section 1747 in order to become certified to provide hospice care. SEC. 2. Section 1747 of the Health and Safety Code is amended to read: 1747. (a) No A person, political subdivision of the state, or other governmental agency, that is not operating a hospice as of January 1, 1991, agency shall not establish or operate a hospice without first obtaining a license under this chapter. chapter, unless it is a licensed home health agency that is exempt pursuant to Section 1747.1. (b) Any person, political subdivision of the state, or other governmental agency, that is operating a hospice as of January 1, 1991, may continue to operate the hospice only under the following conditions: (1) The person, political subdivision of the state, or other governmental agency shall apply to the state department for a license under this chapter within 60 days after forms for the application of licensure under this chapter are available from the state department. (2) The person, political subdivision of the state, or other governmental agency shall cease calling or referring to itself as a hospice upon the final decision of the director upholding the state department’s denial of an application for licensure under this chapter. (c) Nothing in this chapter shall preclude the ongoing use of the title “volunteer hospice” by those organizations that satisfy all of the following: (1) They do not provide skilled nursing services. (2) They do not charge patients or families for hospice services, and they do not receive third-party insurance payments for services rendered. (3) They satisfy the disclosure requirements specified in subdivision (c) of Section 1748. (d) A small and rural hospice is exempt from the licensing provisions of this chapter and the disclosure requirements of subdivision (c) of Section 1748. A small and rural hospice may provide skilled nursing services and may use the title “volunteer hospice.” For (e) For purposes of this chapter, a “small and rural hospice” means a hospice that provides services to less than 50 patients per year, does not charge for services, does not receive third-party payment for services rendered, and is not located in a standard metropolitan statistical area. SEC. 3. Section 1747.1 of the Health and Safety Code is repealed. 1747.1. A hospice program certified in accordance with federal Medicare hospice conditions of participation shall be exempt from subdivision (a) of Section 1747, but shall be subject to Section 1726 unless it elects to apply for hospice licensure. A hospice program that elects to apply for hospice licensure shall thereafter be subject to all the hospice licensure requirements set forth in this chapter. SEC. 4. Section 1747.1 is added to the Health and Safety Code, to read: 1747.1. A home health agency licensed pursuant to Section 1726 is exempt from the requirement to obtain a license pursuant to Section 1747 if the hospice program is certified in accordance with federal Medicare hospice conditions of participation. A home health agency may provide hospice care if the agency is in the process of obtaining that certification. The hospice certification process shall commence no later than the commencement of the process for recertification as a home health agency, unless the home health agency is otherwise exempt from the hospice certification process. SEC. 5. Section 1748 of the Health and Safety Code is amended to read: 1748. (a) Except as otherwise provided in subdivision (b) (a), (b), or (d) of Section 1747, no a person, political subdivision of the state, or other governmental agency shall not establish, conduct, maintain, or represent itself as a hospice unless a license has been issued under this chapter. Multiple locations need not obtain a separate license. Multiple locations shall be listed on the license of the parent agency and each shall pay a licensing fee in the amount prescribed by subdivision (a) of Section 1750. (b) Any person, political subdivision of the state, or other governmental agency desiring a license to establish a hospice shall file with the state department a verified application on a form prescribed and furnished by the state department which contains any information as may be required by the state department for the proper administration and enforcement of this chapter. (c) Any hospice that is not required to obtain a license under this chapter shall disclose in all advertisements and information provided to the public all of the following information: (1) It is not required to be licensed and is not regulated by the state department. (2) Any complaint against the hospice should be directed to the local district attorney and the state department. (3) Any complaint against personnel licensed by a board or committee within the Department of Consumer Affairs and employed by the hospice should be directed to the respective board or committee. Any complaint against a certified home health aide or certified nurse assistant shall be directed to the state department. The address and phone number of any state agency, board, or committee which is responsible for addressing complaints shall be provided by the hospice, upon request, to any patient of the hospice. SECTION 1. Section 1596.65 of the Health and Safety Code is amended to read: 1596.65. (a) An employment agency, as defined in Section 1812.501 of the Civil Code, that refers a child care provider to parents or guardians who are not required to be a licensed child day care facility shall not make a placement of a child care provider who is not a trustline applicant or a registered child care provider. (b) A violation of this section is a misdemeanor and shall be punishable by a fine of one hundred dollars ($100). ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 146e of the Penal Code is amended to read: 146e. (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’s 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’s office, or public safety official, or relative of these persons as such, without the authorization of the employing agency, shall be punished by imprisonment in a county jail not to exceed one year or pursuant to subdivision (h) of Section 1170. (b) A violation of subdivision (a) with regard to any peace officer, employee of a city police department or county sheriff’s 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’s 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. (c) For purposes of this section, “public safety official” is defined in Section 6254.24 of the Government Code. SEC. 2. Section 148 of the Penal Code is amended to read: 148. (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. (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. (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. (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 shall be punished is guilty of a felony punishable by imprisonment in state prison. (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 in a county jail not to exceed one year or pursuant to subdivision (h) of Section 1170. In 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: (1) The officer’s holster strap was unfastened by the defendant. (2) The firearm was partially removed from the officer’s holster by the defendant. (3) The firearm safety was released by the defendant. (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. (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. (6) The defendant’s fingerprint was found on the firearm or holster. (7) Physical evidence authenticated by a scientifically verifiable procedure established that the defendant touched the firearm. (8) In the course of any struggle, the officer’s firearm fell and the defendant attempted to pick it up. (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. (f) This section shall not apply if the public officer, peace officer, or emergency medical technician is disarmed while engaged in a criminal act. SEC. 3. Section 243 of the Penal Code is amended to read: 243. (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. (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. (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. (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. (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. (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’s child, former spouse, fiancé, or fiancée, 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’s 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 B of the California Constitution. (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: (A)That the defendant make payments to a battered women’s shelter, up to a maximum of five thousand dollars ($5,000). (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’s offense. For any order to pay a fine, make payments to a battered women’s shelter, or pay restitution as a condition of probation under this subdivision, the court shall make a determination of the defendant’s ability to pay. In no event shall any order to make payments to a battered women’s shelter be made if it would impair the ability of the defendant to pay direct restitution to the victim or court-ordered child support. 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. (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. (4)The Legislature finds and declares that these specified crimes merit special consideration when imposing a sentence so as to display society’s condemnation for these crimes of violence upon victims with whom a close relationship has been formed. (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’s arrest pursuant to subdivision (b) of Section 836. (f)As used in this section: (1)“Peace officer” means any person defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2. (2)“Emergency medical technician” 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. (3)“Nurse” means a person who meets the standards of Division 2.5 (commencing with Section 1797) of the Health and Safety Code. (4)“Serious bodily injury” 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. (5)“Injury” means any physical injury which requires professional medical treatment. (6)“Custodial officer” 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. (7)“Lifeguard” means a person defined in paragraph (5) of subdivision (d) of Section 241. (8)“Traffic officer” 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. (9)“Animal control officer” means any person employed by a city, county, or city and county for purposes of enforcing animal control laws or regulations. (10)“Dating relationship” means frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement independent of financial considerations. (11)(A)“Code enforcement officer” 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. (B)“Code enforcement officer” 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). (12)“Custody assistant” 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. (13)“Search and rescue member” means any person who is part of an organized search and rescue team managed by a government agency. (14)“Security officer” 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. (g)It is the intent of the Legislature by amendments to this section at the 1981–82 and 1983–84 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. SEC. 4. Section 243.1 of the Penal Code is amended to read: 243.1. When 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. SEC. 3. Section 244.5 of the Penal Code is amended to read: 244.5. (a) As used in this section, “stun gun” 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. (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. (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 imprisonment in the county jail for a term not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years. (d) This section shall not be construed to preclude or in any way limit the applicability of Section 245 in any criminal prosecution. SEC. 5. SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

Existing law makes it a crime to violate various provisions prohibiting certain actions against a peace officer or his or her family, other first responders, or public officials, including, but not limited to, removing an officer’s firearm while resisting arrest and committing a battery against a peace officer or other medical personnel engaged in the performance of his or her duties. arrest, maliciously disclosing specified personal information about the officer with the intent to obstruct justice or the due administration of the laws, and using a stun gun against a peace officer or firefighter. Existing law generally makes the violation of these provisions misdemeanors or felonies punishable in a county jail, as specified, or both a misdemeanor or a felony, commonly referred to as a wobbler. This bill would revise these provisions to make all of the misdemeanors or instead punishable as wobblers, the wobblers instead punishable as felonies in county jail jail, as specified, and make all of the felonies punishable in county jail instead punishable in state prison, as specified. By increasing the punishment for a crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 146e of the Penal Code is amended to read: 146e. (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’s 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’s office, or public safety official, or relative of these persons as such, without the authorization of the employing agency, shall be punished by imprisonment in a county jail not to exceed one year or pursuant to subdivision (h) of Section 1170. (b) A violation of subdivision (a) with regard to any peace officer, employee of a city police department or county sheriff’s 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’s 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. (c) For purposes of this section, “public safety official” is defined in Section 6254.24 of the Government Code. SEC. 2. Section 148 of the Penal Code is amended to read: 148. (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. (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. (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. (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 shall be punished is guilty of a felony punishable by imprisonment in state prison. (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 in a county jail not to exceed one year or pursuant to subdivision (h) of Section 1170. In 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: (1) The officer’s holster strap was unfastened by the defendant. (2) The firearm was partially removed from the officer’s holster by the defendant. (3) The firearm safety was released by the defendant. (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. (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. (6) The defendant’s fingerprint was found on the firearm or holster. (7) Physical evidence authenticated by a scientifically verifiable procedure established that the defendant touched the firearm. (8) In the course of any struggle, the officer’s firearm fell and the defendant attempted to pick it up. (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. (f) This section shall not apply if the public officer, peace officer, or emergency medical technician is disarmed while engaged in a criminal act. SEC. 3. Section 243 of the Penal Code is amended to read: 243. (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. (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. (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. (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. (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. (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’s child, former spouse, fiancé, or fiancée, 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’s 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 B of the California Constitution. (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: (A)That the defendant make payments to a battered women’s shelter, up to a maximum of five thousand dollars ($5,000). (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’s offense. For any order to pay a fine, make payments to a battered women’s shelter, or pay restitution as a condition of probation under this subdivision, the court shall make a determination of the defendant’s ability to pay. In no event shall any order to make payments to a battered women’s shelter be made if it would impair the ability of the defendant to pay direct restitution to the victim or court-ordered child support. 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. (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. (4)The Legislature finds and declares that these specified crimes merit special consideration when imposing a sentence so as to display society’s condemnation for these crimes of violence upon victims with whom a close relationship has been formed. (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’s arrest pursuant to subdivision (b) of Section 836. (f)As used in this section: (1)“Peace officer” means any person defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2. (2)“Emergency medical technician” 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. (3)“Nurse” means a person who meets the standards of Division 2.5 (commencing with Section 1797) of the Health and Safety Code. (4)“Serious bodily injury” 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. (5)“Injury” means any physical injury which requires professional medical treatment. (6)“Custodial officer” 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. (7)“Lifeguard” means a person defined in paragraph (5) of subdivision (d) of Section 241. (8)“Traffic officer” 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. (9)“Animal control officer” means any person employed by a city, county, or city and county for purposes of enforcing animal control laws or regulations. (10)“Dating relationship” means frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement independent of financial considerations. (11)(A)“Code enforcement officer” 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. (B)“Code enforcement officer” 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). (12)“Custody assistant” 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. (13)“Search and rescue member” means any person who is part of an organized search and rescue team managed by a government agency. (14)“Security officer” 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. (g)It is the intent of the Legislature by amendments to this section at the 1981–82 and 1983–84 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. SEC. 4. Section 243.1 of the Penal Code is amended to read: 243.1. When 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. SEC. 3. Section 244.5 of the Penal Code is amended to read: 244.5. (a) As used in this section, “stun gun” 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. (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. (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 imprisonment in the county jail for a term not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years. (d) This section shall not be construed to preclude or in any way limit the applicability of Section 245 in any criminal prosecution. SEC. 5. SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. ### Summary: This bill amends the Penal Code to make it a felony to publish, disseminate, or otherwise disclose the residence address or telephone number of a peace officer, nonsworn

The people of the State of California do enact as follows: SECTION 1. Article 1.5 (commencing with Section 6033) is added to Chapter 5 of Title 7 of Part 3 of the Penal Code, to read: Article 1.5. Criminal Justice Reinvestment Assessment Grant Program of 2015 6033. This article shall be known, and may be cited, as the Criminal Justice Reinvestment Assessment Grant Program of 2015. 6033.2. The Legislature finds and declares all of the following: (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. (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. (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. (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. (e) The Bureau of State Audits’ September 2013 High Risk report identified the 2011 realignment of criminal justice responsibilities between the state and counties as a “high-risk” policy, citing a lack of “reliable and meaningful realignment data to ensure [the state’s] ability to effectively monitor progress toward achieving intended realignment goals.” 6033.4. (a) The Criminal Justice Reinvestment Assessment Grant Program of 2015, 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. (b) For purposes of this article, “board” means the Board of State and Community Corrections. 6033.6. (a) On or before June 1, 2015, each local community corrections partnership established pursuant to Section 1230 shall report to the board on the county’s 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. (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). (c) The board shall submit to the Legislature on or before June 15, 2015, 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. 6033.8. (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: (1) Size of the county. (2) Demonstrated efforts to report data prior to January 1, 2017. (3) Demonstrated ability to report data prior to January 1, 2017. (b) The board shall give preference to counties that have demonstrated efforts to independently collect data on a countywide basis. 6033.10. (a) On or before January 1, 2016, 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: (1) Individual identifiers. (2) County identifiers. (3) Date of birth. (4) Gender. (5) Race or ethnicity. (6) Age at first arrest. (7) Conviction offense. (8) Sanction or sentence received. (9) Total jail time served. (10) Release status. (11) Violations of probation. (12) Rearrests. (13) Reconvictions. (14) Any other return to custody. (15) Use of flash incarceration. (16) Assessed risk level. (17) Participation in pretrial programs. (18) Participation in specialty court. (19) Participation in day reporting release programs. (20) Participation in electronic monitoring programs. (21) Participation in community service release programs. (22) Participation in work release programs. (23) Participation in intensive probation supervision. (24) Needs assessment. (25) Any reentry programming provided. (26) Participation in cognitive behavioral therapy. (27) Participation in mental health treatment. (28) Participation in substance abuse treatment. (29) Participation in gender-specific programming. (30) Participation in family programming. (31) Any health care assistance provided. (32) Any housing assistance provided. (33) Any income support provided. (34) Any employment assistance provided. (35) Any vocational training assistance provided. (36) Any educational enrollment assistance provided. (37) Any mentoring programming provided. (38) Any peer support programming provided. (b) The board shall compile the local reports and, by May 15, 2016, 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. 6033.12. (a) On or before January 1, 2016, 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: (1) Violations of postrelease community supervision. (2) Rearrests. (3) Reconvictions. (4) Any other return to custody. (5) Use of flash incarceration. (6) Participation in intensive probation supervision. (7) Any reentry programming provided. (8) Participation in cognitive behavioral therapy and whether the individual has completed or failed to complete the therapy’s requirements. (9) Participation in mental health treatment and whether the individual has completed or failed to complete the treatment’s requirements. (10) Participation in substance abuse treatment and whether the individual has completed or failed to complete the treatment’s requirements. (11) Participation in gender-specific programming. (12) Participation in family programming. (13) Any health care assistance provided. (14) Any housing assistance provided. (15) Any income support provided. (16) Any employment assistance provided. (17) Any vocational training assistance provided. (18) Any educational enrollment assistance provided. (19) Any mentoring programming provided. (20) Any peer support programming provided. (b) The board shall compile the local reports and, by May 15, 2016, 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. 6033.14. (a) The amount of ____ dollars ($____) is hereby appropriated from the General Fund to the board for the 2015−16 fiscal year for the purpose of implementing this article. (b) The board may award up to the amount of the appropriation, less the board’s 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. SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order 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.

Existing law requires 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, as specified. Existing law requires the board, in consultation with certain individuals, including a county supervisor or county administrative officer, a county sheriff, and the Secretary of the Department of Corrections and Rehabilitation, to develop definitions of specified key terms in order to facilitate consistency in local data collection, evaluation, and implementation of evidence-based programs. This bill would enact the Criminal Justice Reinvestment Assessment Grant Program of 2015. The bill would require the grant program to 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 bill would authorize the board to award grants to assist counties with the creation or expansion of infrastructure that allows each county to consistently collect and report specified criminal justice information. The bill would require each local community corrections partnership, on or before June 1, 2015, to report to the board on the county’s capacity to collect and report the data required. The bill requires the board to review each assessment and to prioritize and award grants to the counties. The bill would require each county to report specified data to the board, on or before January 1, 2016, and annually thereafter, pertaining to offenders sentenced as felons to serve in local correctional facilities and felons released from prison to community supervision. The bill would require the board to summarize these data and report the summaries to the Governor and the Legislature, on or before May 15, 2016, and annually thereafter. By imposing data collection and reporting duties on local governments, this bill would impose a state-mandated local program. The bill would appropriate an undetermined sum to the board for purposes of funding the grants. The bill would state findings and declarations of the Legislature regarding criminal justice realignment. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. The bill would declare that it is to take effect immediately as an urgency statute.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Article 1.5 (commencing with Section 6033) is added to Chapter 5 of Title 7 of Part 3 of the Penal Code, to read: Article 1.5. Criminal Justice Reinvestment Assessment Grant Program of 2015 6033. This article shall be known, and may be cited, as the Criminal Justice Reinvestment Assessment Grant Program of 2015. 6033.2. The Legislature finds and declares all of the following: (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. (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. (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. (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. (e) The Bureau of State Audits’ September 2013 High Risk report identified the 2011 realignment of criminal justice responsibilities between the state and counties as a “high-risk” policy, citing a lack of “reliable and meaningful realignment data to ensure [the state’s] ability to effectively monitor progress toward achieving intended realignment goals.” 6033.4. (a) The Criminal Justice Reinvestment Assessment Grant Program of 2015, 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. (b) For purposes of this article, “board” means the Board of State and Community Corrections. 6033.6. (a) On or before June 1, 2015, each local community corrections partnership established pursuant to Section 1230 shall report to the board on the county’s 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. (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). (c) The board shall submit to the Legislature on or before June 15, 2015, 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. 6033.8. (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: (1) Size of the county. (2) Demonstrated efforts to report data prior to January 1, 2017. (3) Demonstrated ability to report data prior to January 1, 2017. (b) The board shall give preference to counties that have demonstrated efforts to independently collect data on a countywide basis. 6033.10. (a) On or before January 1, 2016, 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: (1) Individual identifiers. (2) County identifiers. (3) Date of birth. (4) Gender. (5) Race or ethnicity. (6) Age at first arrest. (7) Conviction offense. (8) Sanction or sentence received. (9) Total jail time served. (10) Release status. (11) Violations of probation. (12) Rearrests. (13) Reconvictions. (14) Any other return to custody. (15) Use of flash incarceration. (16) Assessed risk level. (17) Participation in pretrial programs. (18) Participation in specialty court. (19) Participation in day reporting release programs. (20) Participation in electronic monitoring programs. (21) Participation in community service release programs. (22) Participation in work release programs. (23) Participation in intensive probation supervision. (24) Needs assessment. (25) Any reentry programming provided. (26) Participation in cognitive behavioral therapy. (27) Participation in mental health treatment. (28) Participation in substance abuse treatment. (29) Participation in gender-specific programming. (30) Participation in family programming. (31) Any health care assistance provided. (32) Any housing assistance provided. (33) Any income support provided. (34) Any employment assistance provided. (35) Any vocational training assistance provided. (36) Any educational enrollment assistance provided. (37) Any mentoring programming provided. (38) Any peer support programming provided. (b) The board shall compile the local reports and, by May 15, 2016, 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. 6033.12. (a) On or before January 1, 2016, 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: (1) Violations of postrelease community supervision. (2) Rearrests. (3) Reconvictions. (4) Any other return to custody. (5) Use of flash incarceration. (6) Participation in intensive probation supervision. (7) Any reentry programming provided. (8) Participation in cognitive behavioral therapy and whether the individual has completed or failed to complete the therapy’s requirements. (9) Participation in mental health treatment and whether the individual has completed or failed to complete the treatment’s requirements. (10) Participation in substance abuse treatment and whether the individual has completed or failed to complete the treatment’s requirements. (11) Participation in gender-specific programming. (12) Participation in family programming. (13) Any health care assistance provided. (14) Any housing assistance provided. (15) Any income support provided. (16) Any employment assistance provided. (17) Any vocational training assistance provided. (18) Any educational enrollment assistance provided. (19) Any mentoring programming provided. (20) Any peer support programming provided. (b) The board shall compile the local reports and, by May 15, 2016, 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. 6033.14. (a) The amount of ____ dollars ($____) is hereby appropriated from the General Fund to the board for the 2015−16 fiscal year for the purpose of implementing this article. (b) The board may award up to the amount of the appropriation, less the board’s 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. SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order 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. ### Summary: This bill establishes the Criminal Justice Reinvestment Assessment Grant Program of 2015 to assist counties with the creation or expansion of infrastructure that allows each county

The people of the State of California do enact as follows: SECTION 1. Chapter 13 (commencing with Section 79799) is added to Division 26.7 of the Water Code, to read: CHAPTER 13. Miscellaneous 79799. (a) (1) It is the intent of the Legislature to provide additional funding opportunities, in a more consolidated manner, to address watershed-related infrastructure challenges in California’s most disadvantaged communities and promote projects that provide cobenefits that address physical blight and deficiencies. (2) It is further the intent of the Legislature to fund urban greening projects independent of other programs. (b) For purposes of this section, the following terms mean the following: (1) “Disadvantaged community” means a community identified as a disadvantaged community pursuant to Section 39711 of the Health and Safety Code with significant population densities, significant concentrations of industrial facilities, and trade corridor activity. (2) “Distressed watershed” means a watershed with blighted or contaminated properties located in incorporated or unincorporated areas. (c) A public agency receiving an appropriation from moneys made available pursuant to subdivision (a) of t>Disadvantaged Community Enhancement 1. General Provisions and Definitions 75500. This division shall be known, and may be cited as, the Disadvantaged Community Enhancement Act of 2015. 75501. It is the intent of the Legislature, in enacting this division, to provide additional funding opportunities to address infrastructure challenges in California’s most disadvantaged communities and promote projects that provide for cobenefits that address physical blight and deficiencies. 75502. For purposes of this division, the following terms mean the following: (a)“Active transportation program” means the program established pursuant to Section 2380 of the Streets and Highway Code. (b)“Council” means the Strategic Growth Council established pursuant to Section 75121. (c)“Disadvantaged community” means a community identified as a disadvantaged community pursuant to Section 39711 of the Health and Safety Code. (d)“Eligible applicant” means a city, county, city and county, special district, Native American tribe, state conservancy, or a qualified nonprofit organization. (e)“Program” means the Disadvantaged Community Enhancement Program established pursuant to Section 75510. 2. Disadvantaged Community Enhancement Program 75510. The council shall develop and implement the Disadvantaged Community Enhancement Program to award grants to disadvantaged communities to facilitate projects for community enhancement improvements that provide to disadvantaged communities multiple environmental benefits. 75511. Eligible community enhancement improvements include, but are not limited to, any of the following: (a)Land acquisitions in urban settings of blighted or contaminated properties serving little sequestration benefit for greenspace conversion. (b)Urban greening projects including urban forestry and landscaping. (c)Park development and land protection for passive or active recreation. (d)Hardscape conversions and repurposing of lands to serve greenspace benefits. (e)Nonmotorized trail and other active transportation projects. (f)Heat island mitigation. (g)Planning of a sustainable community. 75512. (a)The council shall award grants to eligible applicants through a competitive process. In prioritizing the award, the council shall consider both of the following: (1)Factors of the community benefiting from the award, including all of the following: (A)The poverty rate. (B)The unemployment rate. (C)The childhood obesity rate and incidents of asthma. (D)The availability of greenspace and venues for physical activity. (E)The lack of nonmotorized infrastructure supporting an active transportation program. (F)The levels of air pollution. (G)The drinking water quality. (H)The groundwater quality, if applicable. (2)The environmental benefits resulting from the project, including, but not limited to, the following: (A)Water quality improvement. (B)Groundwater, storage, recharge, or remediation. (C)Storm water capture. (b)The council shall give priority to eligible applicants and projects that are located wholly within distressed watershed areas with significant populations and heavy concentrations of industrial facilities and trade corridor activity. 75513. (a)To receive a grant for a project pursuant to the program, an eligible applicant shall submit an application, as prescribed by the council, that contains information regarding the factors and environmental benefits described in Section 75512. (b)In addition to subdivision (a), the applicant shall also include in the application the following information: (1)A clear articulation on how the grant would be used to address the factors and provide the environmental benefits described in Section 75512. (2)The leveraging of other sources of funds to facilitate and maximize the benefits from the proposed community enhancement improvements. 75514. Awards made pursuant to this division shall not supplant other sources of funding designed to benefit disadvantaged communities.

The Water Quality, Supply, and Infrastructure Improvement Act of 2014, approved by the voters as Proposition 1 at the November 4, 2014, statewide general election, authorizes the issuance of general obligation bonds in the amount of $7,545,000,000 to finance a water quality, supply, and infrastructure improvement program. Proposition 1 makes available $100,000,000 of the bond proceeds, upon appropriation by the Legislature, for projects to protect and enhance an urban creek and its tributaries that meets certain requirements. This bill would require a public agency receiving an appropriation from the $100,000,000 to give priority to projects that are located in, or directly adjacent to, a disadvantaged community within a distressed watershed and that may also provide greenspace or other venues for physical activities. Existing law establishes the Strategic Growth Council consisting of specified members and requires the council to, among other things, develop and administer the Affordable Housing and Sustainable Communities Program to reduce greenhouse gas emissions through projects that implement land use, housing, transportation, and agricultural land preservation practices to support infill and compact development and that support other related and coordinated public policy objectives. This bill would require the council to develop and implement the Disadvantaged Community Enhancement Program to award grants to disadvantaged communities, as defined, to facilitate projects for community enhancement improvements that provide to eligible applicants multiple environmental benefits.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Chapter 13 (commencing with Section 79799) is added to Division 26.7 of the Water Code, to read: CHAPTER 13. Miscellaneous 79799. (a) (1) It is the intent of the Legislature to provide additional funding opportunities, in a more consolidated manner, to address watershed-related infrastructure challenges in California’s most disadvantaged communities and promote projects that provide cobenefits that address physical blight and deficiencies. (2) It is further the intent of the Legislature to fund urban greening projects independent of other programs. (b) For purposes of this section, the following terms mean the following: (1) “Disadvantaged community” means a community identified as a disadvantaged community pursuant to Section 39711 of the Health and Safety Code with significant population densities, significant concentrations of industrial facilities, and trade corridor activity. (2) “Distressed watershed” means a watershed with blighted or contaminated properties located in incorporated or unincorporated areas. (c) A public agency receiving an appropriation from moneys made available pursuant to subdivision (a) of t>Disadvantaged Community Enhancement 1. General Provisions and Definitions 75500. This division shall be known, and may be cited as, the Disadvantaged Community Enhancement Act of 2015. 75501. It is the intent of the Legislature, in enacting this division, to provide additional funding opportunities to address infrastructure challenges in California’s most disadvantaged communities and promote projects that provide for cobenefits that address physical blight and deficiencies. 75502. For purposes of this division, the following terms mean the following: (a)“Active transportation program” means the program established pursuant to Section 2380 of the Streets and Highway Code. (b)“Council” means the Strategic Growth Council established pursuant to Section 75121. (c)“Disadvantaged community” means a community identified as a disadvantaged community pursuant to Section 39711 of the Health and Safety Code. (d)“Eligible applicant” means a city, county, city and county, special district, Native American tribe, state conservancy, or a qualified nonprofit organization. (e)“Program” means the Disadvantaged Community Enhancement Program established pursuant to Section 75510. 2. Disadvantaged Community Enhancement Program 75510. The council shall develop and implement the Disadvantaged Community Enhancement Program to award grants to disadvantaged communities to facilitate projects for community enhancement improvements that provide to disadvantaged communities multiple environmental benefits. 75511. Eligible community enhancement improvements include, but are not limited to, any of the following: (a)Land acquisitions in urban settings of blighted or contaminated properties serving little sequestration benefit for greenspace conversion. (b)Urban greening projects including urban forestry and landscaping. (c)Park development and land protection for passive or active recreation. (d)Hardscape conversions and repurposing of lands to serve greenspace benefits. (e)Nonmotorized trail and other active transportation projects. (f)Heat island mitigation. (g)Planning of a sustainable community. 75512. (a)The council shall award grants to eligible applicants through a competitive process. In prioritizing the award, the council shall consider both of the following: (1)Factors of the community benefiting from the award, including all of the following: (A)The poverty rate. (B)The unemployment rate. (C)The childhood obesity rate and incidents of asthma. (D)The availability of greenspace and venues for physical activity. (E)The lack of nonmotorized infrastructure supporting an active transportation program. (F)The levels of air pollution. (G)The drinking water quality. (H)The groundwater quality, if applicable. (2)The environmental benefits resulting from the project, including, but not limited to, the following: (A)Water quality improvement. (B)Groundwater, storage, recharge, or remediation. (C)Storm water capture. (b)The council shall give priority to eligible applicants and projects that are located wholly within distressed watershed areas with significant populations and heavy concentrations of industrial facilities and trade corridor activity. 75513. (a)To receive a grant for a project pursuant to the program, an eligible applicant shall submit an application, as prescribed by the council, that contains information regarding the factors and environmental benefits described in Section 75512. (b)In addition to subdivision (a), the applicant shall also include in the application the following information: (1)A clear articulation on how the grant would be used to address the factors and provide the environmental benefits described in Section 75512. (2)The leveraging of other sources of funds to facilitate and maximize the benefits from the proposed community enhancement improvements. 75514. Awards made pursuant to this division shall not supplant other sources of funding designed to benefit disadvantaged communities. ### Summary: This bill would enact the Disadvantaged Community Enhancement Act of 2015, which would establish the Disadvantaged Community Enhancement Program to award grants to

The people of the State of California do enact as follows: SECTION 1. Section 130350.5 of the Public Utilities Code is amended to read: 130350.5. (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. (b) For purposes of the taxing authority set forth in subdivision (a), all of the following apply: (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. (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. (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. (A) Capital Projects. (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). (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). (iii) San Fernando Valley North-South Rapidways. The sum of one hundred million five hundred thousand dollars ($100,500,000). (iv) Metro Gold Line (Pasadena to Claremont) Light Rail Transit Extension. The sum of seven hundred thirty-five million dollars ($735,000,000). (v) Metro Regional Connector. The sum of one hundred sixty million dollars ($160,000,000). (vi) Metro Westside Subway Extension. The sum of nine hundred million dollars ($900,000,000). (vii) State Highway Route 5 Carmenita Road Interchange Improvement. The sum of one hundred thirty-eight million dollars ($138,000,000). (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). (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). (x) State Highway Route 5/State Highway Route 14 Capacity Enhancement. The sum of ninety million eight hundred thousand dollars ($90,800,000). (xi) Capital Project Contingency Fund. The sum of one hundred seventy-three million dollars ($173,000,000). (B) Capital Programs. (i) Alameda Corridor East Grade Separations. The sum of two hundred million dollars ($200,000,000). (ii) MTA and Municipal Regional Clean Fuel Bus Capital (Facilities and Rolling Stock). The sum of one hundred fifty million dollars ($150,000,000). (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). (iv) Local return for major street resurfacing, rehabilitation, and reconstruction. The sum of two hundred fifty million dollars ($250,000,000). (v) Metrolink Capital Improvements. The sum of seventy million dollars ($70,000,000). (vi) Eastside Light Rail Access. The sum of thirty million dollars ($30,000,000). (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. (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. (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. (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. (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, “subregion” shall be defined in the LRTP. (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. (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. (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, “subregions” means the subregions as defined in the LRTP in effect as of January 1, 2008. (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. (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 “Attachment A” 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: (1) A description of the proposed amendments to the adopted expenditure plan that would do any of the following: (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. (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. (C) Delay the schedule for the estimated or expected completion date of a capital project or projects identified in the adopted expenditure plan. (2) The reason for the proposed amendment. (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. (l) The notification required pursuant to subdivision (k) shall be achieved by resolution adopted by the MTA board. (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. SEC. 2. Section 130350.6 of the Public Utilities Code is repealed. SEC. 3. Section 130350.7 is added to the Public Utilities Code, to read: 130350.7. (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. (b) The ordinance imposing the tax shall contain all of the following: (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: (A) The most recent cost estimates for each project and program identified in the expenditure plan. (B) The identification of the accelerated cost, if applicable, for each project and program in the expenditure plan. (C) The approximate schedule during which the MTA anticipates funds will be available for each project and program. (D) The expected completion dates for each project and program within a three-year range. (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). (3) A provision limiting the MTA’s costs of administering the ordinance and the net revenues from the tax to 1.5 percent of the total tax revenues. (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’s administration costs, shall be used by the MTA to fund transportation projects and programs identified in the expenditure plan. (5) The rate of the tax. (c) The MTA shall do all of the following: (1) Develop a transparent process to determine the most recent costs estimates for each project and program identified in the expenditure plan. (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. (d) The ordinance shall be adopted by the MTA board, which shall also adopt a resolution that submits the ordinance to the voters. (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. (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. (2) For purposes of this subdivision, “subregion” shall have the same meaning as defined in the Long Range Transportation Plan. (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. (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.

Existing law authorizes the Los Angeles County Metropolitan Transportation Authority (MTA) to impose, in addition to any other tax that it is authorized to impose, a transactions and use tax at a rate of 0.5% for the funding of specified transportation-related projects and programs, subject to various requirements, including the adoption of an expenditure plan and voter approval. Existing law authorizes the MTA to seek voter approval to extend the transactions and use tax pursuant to an amended ordinance, subject to various requirements, including adoption of an amended expenditure plan that, among other things, updates certain cost estimates and identifies expected completion dates for projects and programs under the previous expenditure plan, and also requires the amended expenditure plan to be included in an updated long range transportation plan, as specified. This bill would delete the above-referenced provisions relative to extension of the transactions and use tax and an amended ordinance and expenditure plan, The bill would instead authorize the MTA to impose an additional transportation transactions and use tax at a maximum rate of 0.5% as long as a specified existing 0.5% transactions and use tax is in effect, and at a maximum rate of 1% thereafter, as specified, for a period of time determined by the MTA, if certain conditions exist and subject to various requirements, including the adoption of an expenditure plan and voter approval, as specified. The Transactions and Use Tax Law limits to 2% the combined rate of all transactions and use taxes imposed in any county, with certain exceptions. This bill would exempt the transactions and use tax authorized by the bill from this limitation.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 130350.5 of the Public Utilities Code is amended to read: 130350.5. (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. (b) For purposes of the taxing authority set forth in subdivision (a), all of the following apply: (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. (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. (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. (A) Capital Projects. (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). (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). (iii) San Fernando Valley North-South Rapidways. The sum of one hundred million five hundred thousand dollars ($100,500,000). (iv) Metro Gold Line (Pasadena to Claremont) Light Rail Transit Extension. The sum of seven hundred thirty-five million dollars ($735,000,000). (v) Metro Regional Connector. The sum of one hundred sixty million dollars ($160,000,000). (vi) Metro Westside Subway Extension. The sum of nine hundred million dollars ($900,000,000). (vii) State Highway Route 5 Carmenita Road Interchange Improvement. The sum of one hundred thirty-eight million dollars ($138,000,000). (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). (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). (x) State Highway Route 5/State Highway Route 14 Capacity Enhancement. The sum of ninety million eight hundred thousand dollars ($90,800,000). (xi) Capital Project Contingency Fund. The sum of one hundred seventy-three million dollars ($173,000,000). (B) Capital Programs. (i) Alameda Corridor East Grade Separations. The sum of two hundred million dollars ($200,000,000). (ii) MTA and Municipal Regional Clean Fuel Bus Capital (Facilities and Rolling Stock). The sum of one hundred fifty million dollars ($150,000,000). (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). (iv) Local return for major street resurfacing, rehabilitation, and reconstruction. The sum of two hundred fifty million dollars ($250,000,000). (v) Metrolink Capital Improvements. The sum of seventy million dollars ($70,000,000). (vi) Eastside Light Rail Access. The sum of thirty million dollars ($30,000,000). (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. (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. (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. (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. (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, “subregion” shall be defined in the LRTP. (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. (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. (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, “subregions” means the subregions as defined in the LRTP in effect as of January 1, 2008. (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. (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 “Attachment A” 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: (1) A description of the proposed amendments to the adopted expenditure plan that would do any of the following: (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. (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. (C) Delay the schedule for the estimated or expected completion date of a capital project or projects identified in the adopted expenditure plan. (2) The reason for the proposed amendment. (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. (l) The notification required pursuant to subdivision (k) shall be achieved by resolution adopted by the MTA board. (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. SEC. 2. Section 130350.6 of the Public Utilities Code is repealed. SEC. 3. Section 130350.7 is added to the Public Utilities Code, to read: 130350.7. (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. (b) The ordinance imposing the tax shall contain all of the following: (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: (A) The most recent cost estimates for each project and program identified in the expenditure plan. (B) The identification of the accelerated cost, if applicable, for each project and program in the expenditure plan. (C) The approximate schedule during which the MTA anticipates funds will be available for each project and program. (D) The expected completion dates for each project and program within a three-year range. (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). (3) A provision limiting the MTA’s costs of administering the ordinance and the net revenues from the tax to 1.5 percent of the total tax revenues. (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’s administration costs, shall be used by the MTA to fund transportation projects and programs identified in the expenditure plan. (5) The rate of the tax. (c) The MTA shall do all of the following: (1) Develop a transparent process to determine the most recent costs estimates for each project and program identified in the expenditure plan. (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. (d) The ordinance shall be adopted by the MTA board, which shall also adopt a resolution that submits the ordinance to the voters. (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. (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. (2) For purposes of this subdivision, “subregion” shall have the same meaning as defined in the Long Range Transportation Plan. (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. (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. ### Summary: This bill repeals the 0.5% sales tax that was passed by the voters in 2008 and replaces it with a 0.

The people of the State of California do enact as follows: SECTION 1. Section 2699 of the Labor Code is amended to read: 2699. (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. (b) For purposes of this part, “person” has the same meaning as defined in Section 18. (c) For purposes of this part, “aggrieved employee” means any person who was employed by the alleged violator and against whom one or more of the alleged violations was committed. (d) For purposes of this part, “cure” 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. (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. (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. (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: (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). (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. (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. (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’s fees and costs. Nothing in this part shall operate to limit an employee’s right to pursue or recover other remedies available under state or federal law, either separately or concurrently with an action taken under this part. (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. (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. (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. (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. (k) Nothing contained in this part is intended to alter or otherwise affect the exclusive remedy provided by the workers’ 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. (l) The superior court shall review and approve any penalties sought as part of a proposed settlement agreement pursuant to this part. (m) This section shall not apply to the recovery of administrative and civil penalties in connection with the workers’ 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) The agency or any of its departments, divisions, commissions, boards, or agencies may promulgate regulations to implement the provisions of this part.

The Labor Code Private Attorneys General Act of 2004 provides that a civil penalty for a violation of the Labor Code may be recovered through a civil action brought by an aggrieved employee, as specified. This bill would make a technical, nonsubstantive change to that provision.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 2699 of the Labor Code is amended to read: 2699. (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. (b) For purposes of this part, “person” has the same meaning as defined in Section 18. (c) For purposes of this part, “aggrieved employee” means any person who was employed by the alleged violator and against whom one or more of the alleged violations was committed. (d) For purposes of this part, “cure” 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. (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. (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. (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: (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). (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. (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. (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’s fees and costs. Nothing in this part shall operate to limit an employee’s right to pursue or recover other remedies available under state or federal law, either separately or concurrently with an action taken under this part. (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. (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. (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. (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. (k) Nothing contained in this part is intended to alter or otherwise affect the exclusive remedy provided by the workers’ 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. (l) The superior court shall review and approve any penalties sought as part of a proposed settlement agreement pursuant to this part. (m) This section shall not apply to the recovery of administrative and civil penalties in connection with the workers’ 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) The agency or any of its departments, divisions, commissions, boards, or agencies may promulgate regulations to implement the provisions of this part. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 1947.8 of the Civil Code is amended to read: 1947.8. (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. (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. (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. (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. (e) The absence of a certification of permissible rent levels shall not impair, restrict, abridge, or otherwise interfere with either of the following: (1) A judicial or administrative hearing. (2) Any matter in connection with a conveyance of an interest in property. (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). (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. (h) “Local agency,” as used in this section, means the public entity responsible for the implementation of the ordinance, charter, or regulation. (i) Nothing in this section shall be construed: (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. (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’s initial rent in compliance with that agency’s 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. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

(1) Existing law regulates the terms and conditions of residential tenancies. Existing law, the Costa-Hawkins Rental Housing Act, prescribes statewide limits on the application of local rent control with regard to certain properties, including those that have a certificate of occupancy issued after February 1, 1995. Existing law requires a local ordinance or charter controlling residential rent prices that requires registration of rents to provide for the certification of permissible rent levels and prescribes a process in this regard, including a requirement that, upon the request, a local agency provide a landlord and a tenant with a certificate reflecting the permissible rent levels of the rental unit. Existing law provides that the permissible rent levels reflected in the certificate are, in the absence of intentional misrepresentation or fraud, binding and conclusive upon the local agency unless the determination of the permissible rent levels is appealed. This bill would specify that the certification provisions described above, on and after January 1, 2016, do not apply to tenancies for which the owner of residential property may establish the initial rent under the Costa-Hawkins Rental Housing Act, as specified. The bill would except from this exclusion a tenancy for which the property owner provides the local rent control agency with a writing, signed under penalty of perjury, of the tenancy’s initial rent that complies with the agency’s requirements, which would create a rebuttable presumption that the statement of the initial rent is correct. By expanding the crime of perjury, this bill would impose a state-mandated local program. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 1947.8 of the Civil Code is amended to read: 1947.8. (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. (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. (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. (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. (e) The absence of a certification of permissible rent levels shall not impair, restrict, abridge, or otherwise interfere with either of the following: (1) A judicial or administrative hearing. (2) Any matter in connection with a conveyance of an interest in property. (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). (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. (h) “Local agency,” as used in this section, means the public entity responsible for the implementation of the ordinance, charter, or regulation. (i) Nothing in this section shall be construed: (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. (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’s initial rent in compliance with that agency’s 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. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. ### Summary: This bill amends Section 1947.8 of the Civil Code to require that the local agency certify permissible rent levels for registered rental units. The bill

The people of the State of California do enact as follows: SECTION 1. It 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’s 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. SEC. 2. Section 19851.4 is added to the Government Code, to read: 19851.4. (a) As used in this section: (1) “Emergency situation” means any of the following: (A) An unforeseeable declared national, state, or municipal emergency. (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: (i) An act of terrorism. (ii) A natural disaster. (iii) A widespread disease outbreak. (iv) An emergency declared by a warden, superintendent, or executive director, or a severe emergency that necessitates the assistance of an outside agency. (2) “Facility” 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. (3) “Management or supervisor” 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. (4) “On call or on standby” means alternative staff who are not currently working on the premises of the facility and who satisfy either of the following criteria: (A) Are compensated for their availability. (B) Have agreed to be available to come to the facility on short notice, if the need arises. (5) “PT” or “PTA” means all classifications of psychiatric technician or psychiatric technician assistant. (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: (1) Grounds for discrimination, dismissal, discharge, or any other penalty or employment decision adverse to the PT or PTA. (2) Patient abandonment or neglect. (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: (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. (2) Second priority shall be given to individuals who are part-time or intermittent employees. (3) Third priority shall be given to employees who are on call or on standby. (d) This section shall not apply in any of the following situations: (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. (2) If a catastrophic event occurs in a facility and both of the following factors apply: (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. (B) The catastrophic event is an unanticipated and nonrecurring event. (3) If an emergency situation occurs. (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’s duty under the standards of competent performance. (f) This section shall not be construed to preclude a facility from hiring part-time or intermittent employees. (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.

The State Civil Service Act generally requires the workweek of state employees to be 40 hours, and the workday of state employees to be 8 hours. Under the act, it is the policy of the state to avoid the necessity for overtime work whenever possible. The Psychiatric Technicians Law provides for the licensure and regulation of psychiatric technicians (PTs) by the Board of Vocational Nursing and Psychiatric Technicians of the State of California. This bill would prohibit a PT or psychiatric technician assistant (PTA) employed by the State of California in a specified type of facility from being compelled to work in excess of the regularly scheduled workweek or work shift, except under certain circumstances. The bill would authorize a PT or PTA to volunteer or agree to work hours in addition to his or her regularly scheduled workweek or work shift, but the refusal to accept those additional hours would not constitute patient abandonment or neglect or be grounds for discrimination, dismissal, discharge, or any other penalty or employment decision adverse to the PT or PTA. The bill would require management and supervisors to consider employees in a specified order of priority in order to fulfill the additional staffing needs of a facility.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. It is the intent of the Legislature to 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’s 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. SEC. 2. Section 19851.4 is added to the Government Code, to read: 19851.4. (a) As used in this section: (1) “Emergency situation” means any of the following: (A) An unforeseeable declared national, state, or municipal emergency. (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: (i) An act of terrorism. (ii) A natural disaster. (iii) A widespread disease outbreak. (iv) An emergency declared by a warden, superintendent, or executive director, or a severe emergency that necessitates the assistance of an outside agency. (2) “Facility” 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. (3) “Management or supervisor” 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. (4) “On call or on standby” means alternative staff who are not currently working on the premises of the facility and who satisfy either of the following criteria: (A) Are compensated for their availability. (B) Have agreed to be available to come to the facility on short notice, if the need arises. (5) “PT” or “PTA” means all classifications of psychiatric technician or psychiatric technician assistant. (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: (1) Grounds for discrimination, dismissal, discharge, or any other penalty or employment decision adverse to the PT or PTA. (2) Patient abandonment or neglect. (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: (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. (2) Second priority shall be given to individuals who are part-time or intermittent employees. (3) Third priority shall be given to employees who are on call or on standby. (d) This section shall not apply in any of the following situations: (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. (2) If a catastrophic event occurs in a facility and both of the following factors apply: (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. (B) The catastrophic event is an unanticipated and nonrecurring event. (3) If an emergency situation occurs. (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’s duty under the standards of competent performance. (f) This section shall not be construed to preclude a facility from hiring part-time or intermittent employees. (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. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 10123.147 of the Insurance Code is amended to read: 10123.147. (a) Every (1) An insurer issuing that issues a group or individual policies policy of health insurance that covers hospital, medical, or surgical expenses, including those telehealth services covered by the insurer as defined in subdivision (a) of Section 2290.5 of the Business and Professions Code, shall reimburse each complete claim, or portion thereof, of a claim, whether in state or out of state, as soon as practical, but no later than 30 working days after receipt of the complete claim by the insurer. However, (2) However, an insurer may contest or deny a claim, or portion thereof, of the claim, by notifying the claimant, in writing, that the claim is contested or denied, within 30 working days after receipt of the complete claim by the insurer. The notice that a claim, or portion thereof, of a claim, is contested shall identify the portion of the claim that is contested, by revenue code, and the specific information needed from the provider to reconsider the claim. The notice that a claim, or portion thereof, of a claim, is denied shall identify the portion of the claim that is denied, by revenue code, and the specific reasons for the denial, including the factual and legal basis known at that time by the insurer for each reason. If the reason is based solely on facts or solely on law, the insurer is required to shall provide only the factual or legal basis for its reason to deny the claim. The (3) The insurer shall provide a copy of the notice required by this subdivision to each insured who received services pursuant to the claim that was contested or denied and to the insured’s health care provider that provided the services at issue. The notice required by this subdivision shall include a statement advising the provider who submitted the claim on behalf of the insured or pursuant to a contract for alternative rates of payment and the insured that either may seek review by the department of a claim that was contested or denied by the insurer and the address, Internet Web site address, and telephone number of the unit within the department that performs this review function. The notice to the provider may be included on either the explanation of benefits or remittance advice and shall also contain a statement advising the provider of its right to enter into the dispute resolution process described in Section 10123.137. An (4) An insurer may delay payment of an uncontested portion of a complete claim for reconsideration of a contested portion of that claim so long as the insurer pays those charges specified in subdivision (b). (b) If a complete claim, or portion thereof, of the claim, that is neither contested nor denied, is not reimbursed by delivery to the claimant’s address of record within the 30 working days after receipt, the insurer shall pay the greater of fifteen twenty-five dollars ($15) ($25) per year or interest at the rate of 10 percent per annum beginning with the first calendar day after the 30-working day period. An insurer shall automatically include the fifteen twenty-five dollars ($15) ($25) per year or interest due in the payment made to the claimant, without requiring a request therefor. request. (c) (1) For the purposes of this section, a claim, or portion thereof, of the claim, is reasonably contested if the insurer has not received the completed claim. A paper claim from an institutional provider shall be deemed complete upon submission of a legible emergency department report and a completed UB 92 or other format adopted by the National Uniform Billing Committee, and reasonable relevant information requested by the insurer within 30 working days of receipt of the claim. An electronic claim from an institutional provider shall be deemed complete upon submission of an electronic equivalent to the UB 92 or other format adopted by the National Uniform Billing Committee, and reasonable relevant information requested by the insurer within 30 working days of receipt of the claim. However, (2) However, if the insurer requests a copy of the emergency department report within the 30 working days after receipt of the electronic claim from the institutional provider, the insurer may also request additional reasonable relevant information within 30 working days of receipt of the emergency department report, at which time the claim shall be deemed complete. A claim from a professional provider shall be deemed complete upon submission of a completed HCFA 1500 or its electronic equivalent or other format adopted by the National Uniform Billing Committee, and reasonable relevant information requested by the insurer within 30 working days of receipt of the claim. The provider shall provide the insurer reasonable relevant information within 15 working days of receipt of a written request that is clear and specific regarding the information sought. If, (3) If, as a result of reviewing the reasonable relevant information, the insurer requires further information, the insurer shall have an additional 15 working days after receipt of the reasonable relevant information to request the further information, notwithstanding any time limit to the contrary in this section, at which time the claim shall be deemed complete. (d) This section shall does not apply to claims a claim about which there is evidence of fraud and misrepresentation, to eligibility determinations, or in instances where that the plan has not been granted reasonable access to information under the provider’s control. An insurer shall specify, in a written notice to the provider within 30 working days of receipt of the claim, which, the exceptions, if any, of these exceptions applies that apply to a claim. (e) If a claim or portion thereof of a claim is contested on the basis that the insurer has not received information reasonably necessary to determine payer liability for the claim or portion thereof, of the claim, then the insurer shall have 30 working days after receipt of this additional information to complete reconsideration of the claim. If a claim, or portion thereof, of a claim, undergoing reconsideration is not reimbursed by delivery to the claimant’s address of record within the 30 working days after receipt of the additional information, the insurer shall pay the greater of fifteen twenty-five dollars ($15) ($25) per year or interest at the rate of 10 percent per annum beginning with the first calendar day after the 30-working day period. An insurer shall automatically include the fifteen twenty-five dollars ($15) ($25) per year or interest due in the payment made to the claimant, without requiring a request therefor. request. (f) An insurer shall not delay payment on a claim from a physician and surgeon or other health care provider to await the submission of a claim from a hospital or other provider, without citing specific rationale as to why the delay was necessary and providing a monthly update regarding the status of the claim and the insurer’s actions to resolve the claim, to the provider that submitted the claim. (g) An insurer shall not request or require that a provider waive its rights pursuant to this section. (h) This section shall apply applies only to claims for services rendered to a patient who was provided emergency services and care as defined in Section 1317.1 of the Health and Safety Code in the United States on or after September 1, 1999. (i) This section shall not be construed to does not affect the rights or obligations of any a person pursuant to Section 10123.13. (j) This section shall not be construed to does not affect a written agreement, if any, of a provider to submit bills within a specified time period.

Exiting law requires insurers issuing group or individual policies of health insurance that covers hospital, medical, or surgical expenses to reimburse each complete claim, as specified, as soon as practical but no later than 30 working days after receipt of the complete claim. Within 30 working days after receipt of the claim, an insurer can contest or deny a claim, as specified. An insurer is required to pay the greater of $15 per year or interest, as specified, on a claim that is not contested or denied and that has not been delivered to the claimant within 30 working days after receipt. Existing law also authorizes the insurer to request reasonable additional information about the claim, and requires the service provider making the claim to submit the relevant information requested to the insurer within 15 working days. Existing law allows the insurer 30 working days after receipt of the additional information to reconsider the claim, and requires the insurer to pay the greater of $15 per year, or interest, as specified, on a claim that is undergoing reconsideration and that has not been delivered to the claimant within 30 working days after receipt of the additional information. Under existing law these requirements are not applicable to claims to which specified exceptions apply, and the insurer is required to give written notice to the provider if any of those exceptions apply within 30 working days of receipt of the claim. This bill would require an insurer, under those circumstances, to instead pay to the claimant the greater of $25 per year or the interest, as specified.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 10123.147 of the Insurance Code is amended to read: 10123.147. (a) Every (1) An insurer issuing that issues a group or individual policies policy of health insurance that covers hospital, medical, or surgical expenses, including those telehealth services covered by the insurer as defined in subdivision (a) of Section 2290.5 of the Business and Professions Code, shall reimburse each complete claim, or portion thereof, of a claim, whether in state or out of state, as soon as practical, but no later than 30 working days after receipt of the complete claim by the insurer. However, (2) However, an insurer may contest or deny a claim, or portion thereof, of the claim, by notifying the claimant, in writing, that the claim is contested or denied, within 30 working days after receipt of the complete claim by the insurer. The notice that a claim, or portion thereof, of a claim, is contested shall identify the portion of the claim that is contested, by revenue code, and the specific information needed from the provider to reconsider the claim. The notice that a claim, or portion thereof, of a claim, is denied shall identify the portion of the claim that is denied, by revenue code, and the specific reasons for the denial, including the factual and legal basis known at that time by the insurer for each reason. If the reason is based solely on facts or solely on law, the insurer is required to shall provide only the factual or legal basis for its reason to deny the claim. The (3) The insurer shall provide a copy of the notice required by this subdivision to each insured who received services pursuant to the claim that was contested or denied and to the insured’s health care provider that provided the services at issue. The notice required by this subdivision shall include a statement advising the provider who submitted the claim on behalf of the insured or pursuant to a contract for alternative rates of payment and the insured that either may seek review by the department of a claim that was contested or denied by the insurer and the address, Internet Web site address, and telephone number of the unit within the department that performs this review function. The notice to the provider may be included on either the explanation of benefits or remittance advice and shall also contain a statement advising the provider of its right to enter into the dispute resolution process described in Section 10123.137. An (4) An insurer may delay payment of an uncontested portion of a complete claim for reconsideration of a contested portion of that claim so long as the insurer pays those charges specified in subdivision (b). (b) If a complete claim, or portion thereof, of the claim, that is neither contested nor denied, is not reimbursed by delivery to the claimant’s address of record within the 30 working days after receipt, the insurer shall pay the greater of fifteen twenty-five dollars ($15) ($25) per year or interest at the rate of 10 percent per annum beginning with the first calendar day after the 30-working day period. An insurer shall automatically include the fifteen twenty-five dollars ($15) ($25) per year or interest due in the payment made to the claimant, without requiring a request therefor. request. (c) (1) For the purposes of this section, a claim, or portion thereof, of the claim, is reasonably contested if the insurer has not received the completed claim. A paper claim from an institutional provider shall be deemed complete upon submission of a legible emergency department report and a completed UB 92 or other format adopted by the National Uniform Billing Committee, and reasonable relevant information requested by the insurer within 30 working days of receipt of the claim. An electronic claim from an institutional provider shall be deemed complete upon submission of an electronic equivalent to the UB 92 or other format adopted by the National Uniform Billing Committee, and reasonable relevant information requested by the insurer within 30 working days of receipt of the claim. However, (2) However, if the insurer requests a copy of the emergency department report within the 30 working days after receipt of the electronic claim from the institutional provider, the insurer may also request additional reasonable relevant information within 30 working days of receipt of the emergency department report, at which time the claim shall be deemed complete. A claim from a professional provider shall be deemed complete upon submission of a completed HCFA 1500 or its electronic equivalent or other format adopted by the National Uniform Billing Committee, and reasonable relevant information requested by the insurer within 30 working days of receipt of the claim. The provider shall provide the insurer reasonable relevant information within 15 working days of receipt of a written request that is clear and specific regarding the information sought. If, (3) If, as a result of reviewing the reasonable relevant information, the insurer requires further information, the insurer shall have an additional 15 working days after receipt of the reasonable relevant information to request the further information, notwithstanding any time limit to the contrary in this section, at which time the claim shall be deemed complete. (d) This section shall does not apply to claims a claim about which there is evidence of fraud and misrepresentation, to eligibility determinations, or in instances where that the plan has not been granted reasonable access to information under the provider’s control. An insurer shall specify, in a written notice to the provider within 30 working days of receipt of the claim, which, the exceptions, if any, of these exceptions applies that apply to a claim. (e) If a claim or portion thereof of a claim is contested on the basis that the insurer has not received information reasonably necessary to determine payer liability for the claim or portion thereof, of the claim, then the insurer shall have 30 working days after receipt of this additional information to complete reconsideration of the claim. If a claim, or portion thereof, of a claim, undergoing reconsideration is not reimbursed by delivery to the claimant’s address of record within the 30 working days after receipt of the additional information, the insurer shall pay the greater of fifteen twenty-five dollars ($15) ($25) per year or interest at the rate of 10 percent per annum beginning with the first calendar day after the 30-working day period. An insurer shall automatically include the fifteen twenty-five dollars ($15) ($25) per year or interest due in the payment made to the claimant, without requiring a request therefor. request. (f) An insurer shall not delay payment on a claim from a physician and surgeon or other health care provider to await the submission of a claim from a hospital or other provider, without citing specific rationale as to why the delay was necessary and providing a monthly update regarding the status of the claim and the insurer’s actions to resolve the claim, to the provider that submitted the claim. (g) An insurer shall not request or require that a provider waive its rights pursuant to this section. (h) This section shall apply applies only to claims for services rendered to a patient who was provided emergency services and care as defined in Section 1317.1 of the Health and Safety Code in the United States on or after September 1, 1999. (i) This section shall not be construed to does not affect the rights or obligations of any a person pursuant to Section 10123.13. (j) This section shall not be construed to does not affect a written agreement, if any, of a provider to submit bills within a specified time period. ### Summary: This text amends Section 10123.147 of the Insurance Code to require that an insurer reimburse each complete claim, or portion there

The people of the State of California do enact as follows: SECTION 1. Section 1367.003 of the Health and Safety Code is amended to read: 1367.003. (a) Every health care service plan that issues, sells, renews, or offers health care service plan contracts for health care coverage in this state, including a grandfathered health plan, but not including specialized health care service plan contracts, shall provide an annual rebate to each enrollee under such that coverage, on a pro rata basis, if the ratio of the amount of premium revenue expended by the health care service plan on the costs for reimbursement for clinical services provided to enrollees under such that coverage and for activities that improve health care quality to the total amount of premium revenue, excluding federal and state taxes and licensing or regulatory fees and after accounting for payments or receipts for risk adjustment, risk corridors, and reinsurance, is less than the following: (1) With respect to a health care service plan offering coverage in the large group market, 85 percent. (2) With respect to a health care service plan offering coverage in the small group market or in the individual market, 80 percent. (b) Every health care service plan that issues, sells, renews, or offers health care service plan contracts for health care coverage in this state, including a grandfathered health plan, shall comply with the following minimum medical loss ratios: (1) With respect to a health care service plan offering coverage in the large group market, 85 percent. (2) With respect to a health care service plan offering coverage in the small group market or in the individual market, 80 percent. (c) (1) The total amount of an annual rebate required under this section shall be calculated in an amount equal to the product of the following: (A) The amount by which the percentage described in paragraph (1) or (2) of subdivision (a) exceeds the ratio described in paragraph (1) or (2) of subdivision (a). (B) The total amount of premium revenue, excluding federal and state taxes and licensing or regulatory fees and after accounting for payments or receipts for risk adjustment, risk corridors, and reinsurance. (2) A health care service plan shall provide any rebate owing to an enrollee no later than August 1 of the calendar year following the year for which the ratio described in subdivision (a) was calculated. (d) (1) The director may adopt 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) that are necessary to implement the medical loss ratio as described under Section 2718 of the federal Public Health Service Act (42 U.S.C. Sec. 300gg-18), and any federal rules or regulations issued under that section. (2) The director may also 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) when it is necessary to implement the applicable provisions of this section and to address specific conflicts between state and federal law that prevent implementation of federal law and guidance pursuant to Section 2718 of the federal Public Health Service Act (42 U.S.C. Sec. 300gg-18). The initial adoption of the emergency regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. (e) The department shall consult with the Department of Insurance in adopting necessary regulations, and in taking any other action for the purpose of implementing this section. (f) This section shall be implemented to the extent required by federal law and shall comply with, and not exceed, the scope of Section 2791 of the federal Public Health Service Act (42 U.S.C. Sec. 300gg-91) and the requirements of Section 2718 of the federal Public Health Service Act (42 U.S.C. Sec. 300gg-18) and any rules or regulations issued under those sections. (g) Nothing in this This section shall not be construed to apply to provisions of this chapter pertaining to financial statements, assets, liabilities, and other accounting items to which subdivision (s) of Section 1345 applies. (h) Nothing in this This section shall not be construed to apply to a health care service plan contract or insurance policy issued, sold, renewed, or offered for health care services or coverage provided in the Medi-Cal program (Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code), the Healthy Families Program (Part 6.2 (commencing with Section 12693) of Division 2 of the Insurance Code), the Access for Infants and Mothers Program (Part 6.3 (commencing with Section 12695) of Division 2 of the Insurance Code), the California Major Risk Medical Insurance Program (Part 6.5 (commencing with Section 12700) of Division 2 of the Insurance Code), or the Federal Temporary High Risk Insurance Pool (Part 6.6 (commencing with Section 12739.5) of Division 2 of the Insurance Code), to the extent consistent with the federal Patient Protection and Affordable Care Act (Public Law 111-148).

Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care and makes a willful violation of the act a crime. The federal Patient Protection and Affordable Care Act requires a health insurance issuer issuing health insurance coverage to comply with minimum medical loss ratios, and to provide an annual rebate to each insured if the medical loss ratio of the amount of the revenue expended by the issuer on costs to the total amount of premium revenue is less than a certain percentage, as specified. Existing law requires health care service plans to comply with those requirements. This bill would make technical, nonsubstantive changes to the latter provision.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 1367.003 of the Health and Safety Code is amended to read: 1367.003. (a) Every health care service plan that issues, sells, renews, or offers health care service plan contracts for health care coverage in this state, including a grandfathered health plan, but not including specialized health care service plan contracts, shall provide an annual rebate to each enrollee under such that coverage, on a pro rata basis, if the ratio of the amount of premium revenue expended by the health care service plan on the costs for reimbursement for clinical services provided to enrollees under such that coverage and for activities that improve health care quality to the total amount of premium revenue, excluding federal and state taxes and licensing or regulatory fees and after accounting for payments or receipts for risk adjustment, risk corridors, and reinsurance, is less than the following: (1) With respect to a health care service plan offering coverage in the large group market, 85 percent. (2) With respect to a health care service plan offering coverage in the small group market or in the individual market, 80 percent. (b) Every health care service plan that issues, sells, renews, or offers health care service plan contracts for health care coverage in this state, including a grandfathered health plan, shall comply with the following minimum medical loss ratios: (1) With respect to a health care service plan offering coverage in the large group market, 85 percent. (2) With respect to a health care service plan offering coverage in the small group market or in the individual market, 80 percent. (c) (1) The total amount of an annual rebate required under this section shall be calculated in an amount equal to the product of the following: (A) The amount by which the percentage described in paragraph (1) or (2) of subdivision (a) exceeds the ratio described in paragraph (1) or (2) of subdivision (a). (B) The total amount of premium revenue, excluding federal and state taxes and licensing or regulatory fees and after accounting for payments or receipts for risk adjustment, risk corridors, and reinsurance. (2) A health care service plan shall provide any rebate owing to an enrollee no later than August 1 of the calendar year following the year for which the ratio described in subdivision (a) was calculated. (d) (1) The director may adopt 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) that are necessary to implement the medical loss ratio as described under Section 2718 of the federal Public Health Service Act (42 U.S.C. Sec. 300gg-18), and any federal rules or regulations issued under that section. (2) The director may also 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) when it is necessary to implement the applicable provisions of this section and to address specific conflicts between state and federal law that prevent implementation of federal law and guidance pursuant to Section 2718 of the federal Public Health Service Act (42 U.S.C. Sec. 300gg-18). The initial adoption of the emergency regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. (e) The department shall consult with the Department of Insurance in adopting necessary regulations, and in taking any other action for the purpose of implementing this section. (f) This section shall be implemented to the extent required by federal law and shall comply with, and not exceed, the scope of Section 2791 of the federal Public Health Service Act (42 U.S.C. Sec. 300gg-91) and the requirements of Section 2718 of the federal Public Health Service Act (42 U.S.C. Sec. 300gg-18) and any rules or regulations issued under those sections. (g) Nothing in this This section shall not be construed to apply to provisions of this chapter pertaining to financial statements, assets, liabilities, and other accounting items to which subdivision (s) of Section 1345 applies. (h) Nothing in this This section shall not be construed to apply to a health care service plan contract or insurance policy issued, sold, renewed, or offered for health care services or coverage provided in the Medi-Cal program (Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code), the Healthy Families Program (Part 6.2 (commencing with Section 12693) of Division 2 of the Insurance Code), the Access for Infants and Mothers Program (Part 6.3 (commencing with Section 12695) of Division 2 of the Insurance Code), the California Major Risk Medical Insurance Program (Part 6.5 (commencing with Section 12700) of Division 2 of the Insurance Code), or the Federal Temporary High Risk Insurance Pool (Part 6.6 (commencing with Section 12739.5) of Division 2 of the Insurance Code), to the extent consistent with the federal Patient Protection and Affordable Care Act (Public Law 111-148). ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 19000 of the Probate Code is amended to read: 19000. As used in this part: (a) “Claim” 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: (1) Liability of the deceased settlor, whether arising in contract, tort, or otherwise. (2) Liability for taxes incurred before the deceased settlor’s death, whether assessed before or after the deceased settlor’s death, other than property taxes and assessments secured by real property liens. (3) Liability for the funeral expenses of the deceased settlor. (b) “Claim” does not include a dispute regarding title to specific property alleged to be included in the trust estate. (c) “Creditor” means a person who may have a claim against the trust property. (d) “Trust” 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’s death. (e) “Deceased settlor” 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. (f) “Debts” means all claims, as defined in subdivision (a), all expenses of administration, and all other proper charges against the trust estate, including taxes. (g) “Probate estate” means a decedent’s estate subject to administration pursuant to Division 7 (commencing with Section 7000). (h) “Trust estate” means a decedent’s property, real and personal, that is titled in the name of the trustee of the deceased settlor’s trust or confirmed by order of the court to the trustee of the deceased settlor’s trust. SEC. 2. Section 19001 of the Probate Code is amended to read: 19001. (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’s death is subject to the claims of creditors of the deceased settlor’s probate estate and to the expenses of administration of the probate estate to the extent that the deceased settlor’s probate estate is inadequate to satisfy those claims and expenses. (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’s 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. SEC. 3. Section 19003 of the Probate Code is amended to read: 19003. (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’s 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. (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’s 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’s death. (c) Nothing in subdivision (a) affects a notice or request to a public entity required by Chapter 7 (commencing with Section 19200). SEC. 4. Section 19006 of the Probate Code is amended to read: 19006. (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. (b) If the personal representative of the deceased settlor’s 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’s probate estate shall be afforded to the trustee and to the beneficiaries of the trust. (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’s will or trust) by the property subject to probate proceedings. SEC. 5. Section 19008 of the Probate Code is amended to read: 19008. 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 the liability of the trust to any creditor of the deceased settlor shall be as otherwise provided by law. SEC. 6. Section 19024 of the Probate Code is amended to read: 19024. 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, together with a copy of the petition, to be mailed to each of the following persons who is not a petitioner: (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. (b) All beneficiaries affected. (c) The personal representative of the deceased settlor’s probate estate, if any is known to the trustee. (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. SEC. 7. Section 19025 of the Probate Code is amended to read: 19025. (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. (b) The court’s 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. SEC. 8. Section 19320 of the Probate Code is amended to read: 19320. If 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’s trust, then the trustee, the surviving spouse, the personal representative, if any, of a deceased settlor’s probate estate, or a beneficiary may petition for an order to allocate the debt. SEC. 9. Section 19323 of the Probate Code is amended to read: 19323. (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. (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: (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. (2) All beneficiaries affected. (3) The personal representative of the deceased settlor’s probate estate, if any is known to the trustee. (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. SEC. 10. Section 19400 of the Probate Code is amended to read: 19400. Subject 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’s 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’s probate estate.

Existing law permits property to be titled in a trust, and provides that, upon the death of a settlor of a trust, the property of the deceased settlor that was subject to the power of revocation at the time of the settlor’s death is subject to the claims of creditors of the deceased settlor’s estate. Existing law defines specified terms for the purposes of these provisions. This bill would define the terms “probate estate” and “trust estate” for the purposes of these provisions and clarify that certain uses of the term “estate” in existing law refer to a probate estate.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 19000 of the Probate Code is amended to read: 19000. As used in this part: (a) “Claim” 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: (1) Liability of the deceased settlor, whether arising in contract, tort, or otherwise. (2) Liability for taxes incurred before the deceased settlor’s death, whether assessed before or after the deceased settlor’s death, other than property taxes and assessments secured by real property liens. (3) Liability for the funeral expenses of the deceased settlor. (b) “Claim” does not include a dispute regarding title to specific property alleged to be included in the trust estate. (c) “Creditor” means a person who may have a claim against the trust property. (d) “Trust” 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’s death. (e) “Deceased settlor” 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. (f) “Debts” means all claims, as defined in subdivision (a), all expenses of administration, and all other proper charges against the trust estate, including taxes. (g) “Probate estate” means a decedent’s estate subject to administration pursuant to Division 7 (commencing with Section 7000). (h) “Trust estate” means a decedent’s property, real and personal, that is titled in the name of the trustee of the deceased settlor’s trust or confirmed by order of the court to the trustee of the deceased settlor’s trust. SEC. 2. Section 19001 of the Probate Code is amended to read: 19001. (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’s death is subject to the claims of creditors of the deceased settlor’s probate estate and to the expenses of administration of the probate estate to the extent that the deceased settlor’s probate estate is inadequate to satisfy those claims and expenses. (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’s 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. SEC. 3. Section 19003 of the Probate Code is amended to read: 19003. (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’s 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. (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’s 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’s death. (c) Nothing in subdivision (a) affects a notice or request to a public entity required by Chapter 7 (commencing with Section 19200). SEC. 4. Section 19006 of the Probate Code is amended to read: 19006. (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. (b) If the personal representative of the deceased settlor’s 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’s probate estate shall be afforded to the trustee and to the beneficiaries of the trust. (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’s will or trust) by the property subject to probate proceedings. SEC. 5. Section 19008 of the Probate Code is amended to read: 19008. 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 the liability of the trust to any creditor of the deceased settlor shall be as otherwise provided by law. SEC. 6. Section 19024 of the Probate Code is amended to read: 19024. 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, together with a copy of the petition, to be mailed to each of the following persons who is not a petitioner: (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. (b) All beneficiaries affected. (c) The personal representative of the deceased settlor’s probate estate, if any is known to the trustee. (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. SEC. 7. Section 19025 of the Probate Code is amended to read: 19025. (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. (b) The court’s 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. SEC. 8. Section 19320 of the Probate Code is amended to read: 19320. If 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’s trust, then the trustee, the surviving spouse, the personal representative, if any, of a deceased settlor’s probate estate, or a beneficiary may petition for an order to allocate the debt. SEC. 9. Section 19323 of the Probate Code is amended to read: 19323. (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. (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: (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. (2) All beneficiaries affected. (3) The personal representative of the deceased settlor’s probate estate, if any is known to the trustee. (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. SEC. 10. Section 19400 of the Probate Code is amended to read: 19400. Subject 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’s 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’s probate estate. ### Summary: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 1900

The people of the State of California do enact as follows: SECTION 1. Section 84908.5 is added to the Education Code, to read: 84908.5. Notwithstanding Sections 84907 and 84908: (a) Upon request of a joint powers authority consisting of community college districts, school districts, or county offices of education, or a combination of these, the chancellor and Superintendent shall certify the amount of state funds expended by the joint powers authority for adult career technical education in the 2012–13 fiscal year pursuant to paragraph (7) of subdivision (a) of Section 42238.03. (b) If the amount certified pursuant to subdivision (a) equals or exceeds 40 percent of the joint powers authority’s total state funding received in the 2012–13 fiscal year, the joint powers authority shall be deemed to have expended state funds for adult education for the purposes of this article. (c) The chancellor and Superintendent shall apportion funds from Item 6870-201-0001 of the Budget Act of 2015 directly to the joint powers authority equal to the amount certified pursuant to subdivision (a). As a condition of receipt of an apportionment, the joint powers authority is required to be a member of a consortium. SECTION 1. Section 84907 of the Education Code is amended to read: 84907. No later than July 31, 2015, the chancellor and the Superintendent, with the advice of the executive director, shall certify, for each school district, county office of education, or joint powers authority consisting of one or more community college districts, school districts, or county offices of education, or a combination of these, the amount of state funds required to be expended for adult education pursuant to paragraph (7) of subdivision (a) of Section 42238.03, and paragraph (3) of subdivision (k) of Section 2575, respectively. SEC. 2. Section 84908 of the Education Code is amended to read: 84908. (a)If the total amount certified for all school districts, county offices of education, and joint powers authorities pursuant to Section 84907 is less than three hundred seventy-five million dollars ($375,000,000), the chancellor and the Superintendent shall do both of the following: (1)Apportion funds appropriated for the program in the Budget Act of 2015, no later than August 30, 2015, to each school district, county office of education, or joint powers authority in an amount equal to the amount certified for that school district, county office of education, or joint powers authority, pursuant to Section 84907. As a condition of receipt of an apportionment, a school district, county office of education, or joint powers authority is required to be a member of a consortium. (2)(A)(i)With the concurrence of the executive director, approve a schedule of allocations to each consortium, no later than October 30, 2015, of any funds appropriated for the program in the Budget Act of 2015 that remain after funds have been apportioned pursuant to paragraph (1). (ii)The chancellor and the Superintendent shall determine the amount to be allocated to each consortium pursuant to this paragraph based on that adult education region’s share of the statewide need for adult education. (B)Using the schedule approved pursuant to subparagraph (A), the chancellor and the Superintendent shall do one of the following for each consortium: (i)Apportion funds to a fund administrator designated by the members of a consortium beginning no more than 30 days after approval of the schedule pursuant to subparagraph (A). (ii)Apportion funds to members of a consortium beginning no more than 30 days after receipt of a final distribution schedule from that consortium. (b)If the total amount certified for all school districts, county offices of education, and joint powers authorities pursuant to Section 84907 equals or exceeds three hundred seventy-five million dollars ($375,000,000), the chancellor and the Superintendent shall do both of the following: (1)Apportion funds appropriated for the program in the Budget Act of 2015, no later than August 30, 2015, to each school district, county office of education, or joint powers authority in an amount equal to the amount certified for that school district, county office of education, or joint powers authority pursuant to Section 84907 multiplied by three hundred seventy-five million dollars ($375,000,000), divided by the total amount certified for all school districts, county offices of education, and joint powers authorities pursuant to Section 84907. (2)(A)(i)With the concurrence of the executive director, approve a schedule of allocations to each consortium, no later than October 30, 2015, of any funds appropriated for this program in the Budget Act of 2015 that remain after funds have been apportioned pursuant to paragraph (1). (ii)The chancellor and the Superintendent shall determine the amount to be allocated to each consortium pursuant to this paragraph based on that adult education region’s share of the statewide need for adult education. (B)Using the schedule approved pursuant to subparagraph (A), the chancellor and the Superintendent shall do one of the following for each consortium: (i)Apportion funds to a fund administrator designated by the members of a consortium beginning no more than 30 days after approval of the schedule pursuant to subparagraph (A). (ii)Apportion funds to members of a consortium beginning no more than 30 days after receipt of a final distribution schedule from that consortium. (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. SEC. 3. Section 84908.5 is added to the Education Code , to read: 84908.5. The chancellor and the Superintendent may certify, as required in Section 84907, and apportion, as required in Section 84908, funds after the dates enumerated in those sections for a joint powers authority consisting of one or more community college districts, school districts, county offices of education, or a combination of these. SEC. 4. SEC. 2. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to enable any joint powers authority participating in an adult education consortium to comply with the current year statutory deadlines that must be met for purposes of establishing the joint powers authority’s maintenance of effort level, it is necessary that this act take effect immediately.

Existing law establishes the Adult Education Block Grant Program under the administration of the Chancellor of the California Community Colleges and the Superintendent of Public Instruction. The program requires the chancellor and the Superintendent, with the advice of the Executive Director of the State Board of Education, to divide the state into adult education regions and approve one adult education consortium in each adult education region, as specified. The program also requires the chancellor and the Superintendent, with the advice of the executive director, to certify, no later than July 31, 2015, the amount of state funds required to be expended for adult education by a school district and county office of education, as specified. The program further requires the chancellor and the Superintendent to apportion funds appropriated for the program in the Budget Act of 2015 to each school district and county office of education by August 30, 2015, in accordance with a specified formula and, by October 30, 2015, to allocate the funds that remain after the apportionment to each consortium, as specified. This bill would also provide that require the chancellor and the Superintendent, with the advice of the executive director, (1) certify Superintendent to certify, upon the request of a joint powers authority consisting of community college districts, school districts, or county offices of education, or a combination of these, the amount of state funds required to be expended for adult career technical education by that joint powers authorities consisting of one or more community colleges, school districts, or county offices of education, or a combination of these, (2) apportion an amount to each of these joint powers authorities in accordance with the same formula, and (3) allocate to each consortium the funds that remain after this apportionment, as specified. In regard to these joint powers authorities, the deadlines in existing law would not apply. authority in the 2012–13 fiscal year and to apportion an amount equal to the amount certified directly to that joint powers authority. As a condition of receipt of this apportionment, the bill would require the joint powers authority to be a member of an adult education consortium. This bill would declare that it is to take effect immediately as an urgency statute.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 84908.5 is added to the Education Code, to read: 84908.5. Notwithstanding Sections 84907 and 84908: (a) Upon request of a joint powers authority consisting of community college districts, school districts, or county offices of education, or a combination of these, the chancellor and Superintendent shall certify the amount of state funds expended by the joint powers authority for adult career technical education in the 2012–13 fiscal year pursuant to paragraph (7) of subdivision (a) of Section 42238.03. (b) If the amount certified pursuant to subdivision (a) equals or exceeds 40 percent of the joint powers authority’s total state funding received in the 2012–13 fiscal year, the joint powers authority shall be deemed to have expended state funds for adult education for the purposes of this article. (c) The chancellor and Superintendent shall apportion funds from Item 6870-201-0001 of the Budget Act of 2015 directly to the joint powers authority equal to the amount certified pursuant to subdivision (a). As a condition of receipt of an apportionment, the joint powers authority is required to be a member of a consortium. SECTION 1. Section 84907 of the Education Code is amended to read: 84907. No later than July 31, 2015, the chancellor and the Superintendent, with the advice of the executive director, shall certify, for each school district, county office of education, or joint powers authority consisting of one or more community college districts, school districts, or county offices of education, or a combination of these, the amount of state funds required to be expended for adult education pursuant to paragraph (7) of subdivision (a) of Section 42238.03, and paragraph (3) of subdivision (k) of Section 2575, respectively. SEC. 2. Section 84908 of the Education Code is amended to read: 84908. (a)If the total amount certified for all school districts, county offices of education, and joint powers authorities pursuant to Section 84907 is less than three hundred seventy-five million dollars ($375,000,000), the chancellor and the Superintendent shall do both of the following: (1)Apportion funds appropriated for the program in the Budget Act of 2015, no later than August 30, 2015, to each school district, county office of education, or joint powers authority in an amount equal to the amount certified for that school district, county office of education, or joint powers authority, pursuant to Section 84907. As a condition of receipt of an apportionment, a school district, county office of education, or joint powers authority is required to be a member of a consortium. (2)(A)(i)With the concurrence of the executive director, approve a schedule of allocations to each consortium, no later than October 30, 2015, of any funds appropriated for the program in the Budget Act of 2015 that remain after funds have been apportioned pursuant to paragraph (1). (ii)The chancellor and the Superintendent shall determine the amount to be allocated to each consortium pursuant to this paragraph based on that adult education region’s share of the statewide need for adult education. (B)Using the schedule approved pursuant to subparagraph (A), the chancellor and the Superintendent shall do one of the following for each consortium: (i)Apportion funds to a fund administrator designated by the members of a consortium beginning no more than 30 days after approval of the schedule pursuant to subparagraph (A). (ii)Apportion funds to members of a consortium beginning no more than 30 days after receipt of a final distribution schedule from that consortium. (b)If the total amount certified for all school districts, county offices of education, and joint powers authorities pursuant to Section 84907 equals or exceeds three hundred seventy-five million dollars ($375,000,000), the chancellor and the Superintendent shall do both of the following: (1)Apportion funds appropriated for the program in the Budget Act of 2015, no later than August 30, 2015, to each school district, county office of education, or joint powers authority in an amount equal to the amount certified for that school district, county office of education, or joint powers authority pursuant to Section 84907 multiplied by three hundred seventy-five million dollars ($375,000,000), divided by the total amount certified for all school districts, county offices of education, and joint powers authorities pursuant to Section 84907. (2)(A)(i)With the concurrence of the executive director, approve a schedule of allocations to each consortium, no later than October 30, 2015, of any funds appropriated for this program in the Budget Act of 2015 that remain after funds have been apportioned pursuant to paragraph (1). (ii)The chancellor and the Superintendent shall determine the amount to be allocated to each consortium pursuant to this paragraph based on that adult education region’s share of the statewide need for adult education. (B)Using the schedule approved pursuant to subparagraph (A), the chancellor and the Superintendent shall do one of the following for each consortium: (i)Apportion funds to a fund administrator designated by the members of a consortium beginning no more than 30 days after approval of the schedule pursuant to subparagraph (A). (ii)Apportion funds to members of a consortium beginning no more than 30 days after receipt of a final distribution schedule from that consortium. (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. SEC. 3. Section 84908.5 is added to the Education Code , to read: 84908.5. The chancellor and the Superintendent may certify, as required in Section 84907, and apportion, as required in Section 84908, funds after the dates enumerated in those sections for a joint powers authority consisting of one or more community college districts, school districts, county offices of education, or a combination of these. SEC. 4. SEC. 2. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to enable any joint powers authority participating in an adult education consortium to comply with the current year statutory deadlines that must be met for purposes of establishing the joint powers authority’s maintenance of effort level, it is necessary that this act take effect immediately. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Chapter 3.1 (commencing with Section 7287.20) is added to Part 1.7 of Division 2 of the Revenue and Taxation Code, to read: CHAPTER 3.1. Excise Water Tax 7287.20. (a) A local public entity that supplies water at retail or wholesale for the benefit of persons within the service area or area of jurisdiction of that public entity may impose, by ordinance, an excise tax on an excessive user of water, at a rate not to exceed 300 percent of the purchase price of the water, if both of the following conditions are met: (1) The ordinance proposing that tax is approved by two-thirds of the electors voting on the measure pursuant to Article XIII C of the California Constitution. (2) The revenue from the tax is equally distributed between the public entity and the State Water Resources Control Board for local water conservation efforts within the jurisdiction of that public entity. The local water conservation efforts may have cobenefits with other regions in the state. (b) A tax imposed pursuant to this section may be in addition to any other tax authorized by this division. SECTION 1. Section 16072 of the Vehicle Code is amended to read: 16072. (a)The suspension of the driving privilege of a person as provided in Section 16070 shall not be terminated until one year has elapsed from the date of actual commencement of the suspension and until the person files proof of financial responsibility as provided in Chapter 3 (commencing with Section 16430), except that the suspension shall be reinstated if the person fails to maintain proof of financial responsibility for three years. However, in lieu of suspending a person’s driving privilege pursuant to this section, the department, upon application, if the person files and thereafter maintains proof of financial responsibility as provided in this section and pays a penalty fee to the department of two hundred fifty dollars ($250), may restrict the person’s driving privilege to any of the following situations: (1)Necessary travel to and from that person’s place of employment. (2)Driving that is required in the person’s course of employment, when driving a motor vehicle is necessary in order to perform the duties of the person’s primary employment. (3)Necessary travel to transport a minor dependent in that person’s immediate family to and from an institute of primary or secondary instruction, if the chief administrative officer or principal of the educational institution certifies in writing to the department that the minor dependent is enrolled in the educational institution and no form of public transportation or schoolbus is available between the applicant’s place of residence and the educational institution. The restriction shall remain in effect for the period of suspension required by this section, so long as proof of financial responsibility is maintained. (b)If a suspension has been imposed under Section 16070 and one year has elapsed from the date the suspension actually commenced, that suspension shall be terminated if the driving privilege is suspended under Section 16370 or 16381 as the result of a judgment arising out of the accident for which proof of financial responsibility was required to be established. The department may reimpose the suspension of the driving privilege of a person under Section 16070 if the suspension under Section 16370 or 16381 is later set aside for a reason other than that the person has satisfied the judgment in full or to the extent provided in Chapter 2 (commencing with Section 16250) and has given proof of ability to respond in damages as provided in Chapter 3 (commencing with Section 16430). (c)Notwithstanding Chapter 2 (commencing with Section 42200) of Division 18, all revenues derived from the penalty fees provided in subdivision (a) shall, after deduction by the department of the costs incurred by the department in administering this section, be deposited in the Financial Responsibility Penalty Account in the General Fund. The balance in this fund on each July 1, which is not subject to appropriation as provided in Section 12980 of the Insurance Code, shall revert to the General Fund. (d)(1)Subdivision (a) does not apply to a commercial driver’s license holder. (2)A commercial driver’s licenseholder whose driving privilege is otherwise suspended under this chapter is not entitled to a restricted license, unless that person surrenders his or her commercial driver’s license and is issued a noncommercial class C or M driver’s license. (e)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. SEC. 2. Section 16072 is added to the Vehicle Code , to read: 16072. (a)The suspension of the driving privilege of a person as provided in Section 16070 shall not be terminated until one year has elapsed from the date of actual commencement of the suspension and until the person files proof of financial responsibility as provided in Chapter 3 (commencing with Section 16430), except that the suspension shall be reinstated if the person fails to maintain proof of financial responsibility for three years. However, in lieu of suspending a person’s driving privilege pursuant to this section, the department, upon application, if the person files and thereafter maintains proof of financial responsibility as provided in this section and pays a penalty fee to the department of two hundred fifty dollars ($250), may restrict the person’s driving privilege to any of the following situations: (1)Necessary travel to and from that person’s place of employment. (2)Driving that is required in the person’s course of employment, when driving a motor vehicle is necessary in order to perform the duties of the person’s primary employment. (3)Driving himself or herself to or from school. For purposes of this paragraph, “school” means a California community college campus, a California State University campus, a University of California campus, or a private postsecondary educational institution. (4)Necessary travel to transport a minor dependent in that person’s immediate family to and from an institute of primary or secondary educational instruction, if the chief administrative officer or principal of the educational institution certifies in writing to the department that the minor dependent is enrolled in the educational institution and no form of public transportation or schoolbus is available between the applicant’s place of residence and the educational institution. (b)The restriction shall remain in effect for the period of suspension required by this section, so long as proof of financial responsibility is maintained. (c)If a suspension has been imposed under Section 16070 and one year has elapsed from the date the suspension actually commenced, that suspension shall be terminated if the driving privilege is suspended under Section 16370 or 16381 as the result of a judgment arising out of the accident for which proof of financial responsibility was required to be established. The department may reimpose the suspension of the driving privilege of a person under Section 16070 if the suspension under Section 16370 or 16381 is later set aside for a reason other than that the person has satisfied the judgment in full or to the extent provided in Chapter 2 (commencing with Section 16250) and has given proof of ability to respond in damages as provided in Chapter 3 (commencing with Section 16430). (d)Notwithstanding Chapter 2 (commencing with Section 42200) of Division 18, all revenues derived from the penalty fees provided in subdivision (a) shall, after deduction by the department of the costs incurred by the department in administering this section, be deposited in the Financial Responsibility Penalty Account in the General Fund. The balance in this fund on each July 1, which is not subject to appropriation as provided in Section 12980 of the Insurance Code, shall revert to the General Fund. (e)(1)Subdivision (a) does not apply to a commercial driver’s license holder. (2)A commercial driver’s licenseholder whose driving privilege is otherwise suspended under this chapter is not entitled to a restricted license, unless that person surrenders his or her commercial driver’s license and is issued a noncommercial class C or M driver’s license. (f)This section shall become operative on July 1, 2016.

The California Constitution prohibits the Legislature from imposing taxes for local purposes, but allows the Legislature to authorize local governments to impose them. This bill would authorize a local public entity that supplies water at retail or wholesale for the benefit of persons within the service area or area of jurisdiction of that public entity to impose, by ordinance, an excise tax on an excessive user of water, at a rate not to exceed 300% of the purchase price of the water, if the ordinance proposing the tax is approved by 2/3 of the electors voting on the measure and the revenue from the tax is equally distributed between the public entity and the State Water Resources Control Board for water conservation efforts within the jurisdiction of the public entity. Existing law requires the Department of Motor Vehicles to suspend the driving privilege of a person who is involved in an accident and fails to provide evidence of financial responsibility, as specified, at the time of the accident. Under existing law, the suspension period is one year, as specified, except that the suspension must be reinstated if the person fails to maintain proof of financial responsibility for 3 years. However, upon application and if certain criteria are met, the department may restrict the person’s driving privilege, in lieu of suspending it pursuant to this provision, in specified situations. This bill would, commencing July 1, 2016, also authorize the department to restrict a person’s driving privilege, in lieu of suspending it, in order to allow the person to drive to school. For purposes of this authorization, the bill would define “school” to mean a California community college campus, a California State University campus, a University of California campus, or a private postsecondary educational institution.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Chapter 3.1 (commencing with Section 7287.20) is added to Part 1.7 of Division 2 of the Revenue and Taxation Code, to read: CHAPTER 3.1. Excise Water Tax 7287.20. (a) A local public entity that supplies water at retail or wholesale for the benefit of persons within the service area or area of jurisdiction of that public entity may impose, by ordinance, an excise tax on an excessive user of water, at a rate not to exceed 300 percent of the purchase price of the water, if both of the following conditions are met: (1) The ordinance proposing that tax is approved by two-thirds of the electors voting on the measure pursuant to Article XIII C of the California Constitution. (2) The revenue from the tax is equally distributed between the public entity and the State Water Resources Control Board for local water conservation efforts within the jurisdiction of that public entity. The local water conservation efforts may have cobenefits with other regions in the state. (b) A tax imposed pursuant to this section may be in addition to any other tax authorized by this division. SECTION 1. Section 16072 of the Vehicle Code is amended to read: 16072. (a)The suspension of the driving privilege of a person as provided in Section 16070 shall not be terminated until one year has elapsed from the date of actual commencement of the suspension and until the person files proof of financial responsibility as provided in Chapter 3 (commencing with Section 16430), except that the suspension shall be reinstated if the person fails to maintain proof of financial responsibility for three years. However, in lieu of suspending a person’s driving privilege pursuant to this section, the department, upon application, if the person files and thereafter maintains proof of financial responsibility as provided in this section and pays a penalty fee to the department of two hundred fifty dollars ($250), may restrict the person’s driving privilege to any of the following situations: (1)Necessary travel to and from that person’s place of employment. (2)Driving that is required in the person’s course of employment, when driving a motor vehicle is necessary in order to perform the duties of the person’s primary employment. (3)Necessary travel to transport a minor dependent in that person’s immediate family to and from an institute of primary or secondary instruction, if the chief administrative officer or principal of the educational institution certifies in writing to the department that the minor dependent is enrolled in the educational institution and no form of public transportation or schoolbus is available between the applicant’s place of residence and the educational institution. The restriction shall remain in effect for the period of suspension required by this section, so long as proof of financial responsibility is maintained. (b)If a suspension has been imposed under Section 16070 and one year has elapsed from the date the suspension actually commenced, that suspension shall be terminated if the driving privilege is suspended under Section 16370 or 16381 as the result of a judgment arising out of the accident for which proof of financial responsibility was required to be established. The department may reimpose the suspension of the driving privilege of a person under Section 16070 if the suspension under Section 16370 or 16381 is later set aside for a reason other than that the person has satisfied the judgment in full or to the extent provided in Chapter 2 (commencing with Section 16250) and has given proof of ability to respond in damages as provided in Chapter 3 (commencing with Section 16430). (c)Notwithstanding Chapter 2 (commencing with Section 42200) of Division 18, all revenues derived from the penalty fees provided in subdivision (a) shall, after deduction by the department of the costs incurred by the department in administering this section, be deposited in the Financial Responsibility Penalty Account in the General Fund. The balance in this fund on each July 1, which is not subject to appropriation as provided in Section 12980 of the Insurance Code, shall revert to the General Fund. (d)(1)Subdivision (a) does not apply to a commercial driver’s license holder. (2)A commercial driver’s licenseholder whose driving privilege is otherwise suspended under this chapter is not entitled to a restricted license, unless that person surrenders his or her commercial driver’s license and is issued a noncommercial class C or M driver’s license. (e)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. SEC. 2. Section 16072 is added to the Vehicle Code , to read: 16072. (a)The suspension of the driving privilege of a person as provided in Section 16070 shall not be terminated until one year has elapsed from the date of actual commencement of the suspension and until the person files proof of financial responsibility as provided in Chapter 3 (commencing with Section 16430), except that the suspension shall be reinstated if the person fails to maintain proof of financial responsibility for three years. However, in lieu of suspending a person’s driving privilege pursuant to this section, the department, upon application, if the person files and thereafter maintains proof of financial responsibility as provided in this section and pays a penalty fee to the department of two hundred fifty dollars ($250), may restrict the person’s driving privilege to any of the following situations: (1)Necessary travel to and from that person’s place of employment. (2)Driving that is required in the person’s course of employment, when driving a motor vehicle is necessary in order to perform the duties of the person’s primary employment. (3)Driving himself or herself to or from school. For purposes of this paragraph, “school” means a California community college campus, a California State University campus, a University of California campus, or a private postsecondary educational institution. (4)Necessary travel to transport a minor dependent in that person’s immediate family to and from an institute of primary or secondary educational instruction, if the chief administrative officer or principal of the educational institution certifies in writing to the department that the minor dependent is enrolled in the educational institution and no form of public transportation or schoolbus is available between the applicant’s place of residence and the educational institution. (b)The restriction shall remain in effect for the period of suspension required by this section, so long as proof of financial responsibility is maintained. (c)If a suspension has been imposed under Section 16070 and one year has elapsed from the date the suspension actually commenced, that suspension shall be terminated if the driving privilege is suspended under Section 16370 or 16381 as the result of a judgment arising out of the accident for which proof of financial responsibility was required to be established. The department may reimpose the suspension of the driving privilege of a person under Section 16070 if the suspension under Section 16370 or 16381 is later set aside for a reason other than that the person has satisfied the judgment in full or to the extent provided in Chapter 2 (commencing with Section 16250) and has given proof of ability to respond in damages as provided in Chapter 3 (commencing with Section 16430). (d)Notwithstanding Chapter 2 (commencing with Section 42200) of Division 18, all revenues derived from the penalty fees provided in subdivision (a) shall, after deduction by the department of the costs incurred by the department in administering this section, be deposited in the Financial Responsibility Penalty Account in the General Fund. The balance in this fund on each July 1, which is not subject to appropriation as provided in Section 12980 of the Insurance Code, shall revert to the General Fund. (e)(1)Subdivision (a) does not apply to a commercial driver’s license holder. (2)A commercial driver’s licenseholder whose driving privilege is otherwise suspended under this chapter is not entitled to a restricted license, unless that person surrenders his or her commercial driver’s license and is issued a noncommercial class C or M driver’s license. (f)This section shall become operative on July 1, 2016. ### Summary: This bill would amend the Vehicle Code to allow the Department of Motor Vehicles to restrict the driving privilege of a person who has been convicted of driving under the influence of

The people of the State of California do enact as follows: SECTION 1. Section 2833 of the Public Utilities Code is amended to read: 2833. (a) The commission shall require a green tariff shared renewables program to be administered by a participating utility in accordance with this section. (b) Generating facilities participating in a participating utility’s 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. (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, “commission-approved tools and mechanisms” 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). (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’s 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’s 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: (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: (i) Areas disproportionately affected by environmental pollution and other hazards that can lead to negative public health effects, exposure, or environmental degradation. (ii) Areas with socioeconomic vulnerability. (B) (1) For purposes of this paragraph, “previously identified” means identified prior to commencing construction of the facility. (2) Not less than 100 megawatts shall be reserved for participation by residential class customers. (3) Twenty megawatts shall be reserved for the City of Davis. (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. (f) A participating utility’s green tariff shared renewables program shall support diverse procurement and the goals of commission General Order 156. (g) A participating utility’s green tariff shared renewables program shall not allow a customer to subscribe to more than 100 percent of the customer’s electricity demand. (h) Except as authorized by this subdivision, a participating utility’s 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. (i) A participating utility’s 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’s total cumulative rated generating capacity. (j) To the extent possible, a participating utility shall actively market the utility’s green tariff shared renewables program to low-income and minority communities and customers. (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’s 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’s 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, “time-of-delivery profile” 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. (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’s resources to serve a participating customer’s needs. (m) A participating customer’s 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’s green tariff shared renewables program’s 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) Participating customers shall pay all otherwise applicable charges without modification. (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. (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. (q) The commission shall ensure that charges and credits associated with a participating utility’s 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. (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’s green tariff shared renewables program and that all costs and revenues are fully transparent and auditable. (s) Any renewable energy credits associated with electricity procured by a participating utility for the utility’s 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’s renewables portfolio standard. (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’s green tariff shared renewables program to the utility’s 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. (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’s green tariff shared renewables program, commencing with the point in time at which the generating facility achieves commercial operation. (v) All renewable energy resources procured on behalf of participating customers in the participating utility’s green tariff shared renewables program shall comply with the State Air Resources Board’s 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’s Voluntary Renewable Electricity Program. (w) A participating utility shall provide a municipality with aggregated consumption data for participating customers within the municipality’s 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’s 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. (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. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations. Existing law authorizes the commission to fix the rates and charges for every public utility, and requires that those rates and charges be just and reasonable. The Green Tariff Shared Renewables Program requires a participating utility, defined as being an electrical corporation with 100,000 or more customers in California, to file with the commission an application requesting approval of a tariff to implement a program enabling ratepayers to participate in electrical generation facilities that use eligible renewable energy resources, consistent with certain legislative findings and statements of intent. Existing law requires the commission, by July 1, 2014, to issue a decision concerning the participating utility’s application, determining whether to approve or disapprove the application, with or without modifications. Existing law requires the commission, after notice and opportunity for public comment, to approve the application if the commission determines that the proposed program is reasonable and consistent with the legislative findings and statements of intent and requires the commission to require that a participating utility’s green tariff shared renewables program be administered in accordance with specified provisions. Existing law repeals the program on January 1, 2019. This bill would require the commission to additionally require that a participating utility’s green tariff shared renewables program 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. Under existing law, a violation of any order, decision, rule, direction, demand, or requirement of the commission is a crime. Because the bill would require action by the commission to implement its requirements and a violation of those requirements would be a crime, the bill would impose a state-mandated local program by expanding the definition of a crime. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 2833 of the Public Utilities Code is amended to read: 2833. (a) The commission shall require a green tariff shared renewables program to be administered by a participating utility in accordance with this section. (b) Generating facilities participating in a participating utility’s 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. (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, “commission-approved tools and mechanisms” 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). (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’s 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’s 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: (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: (i) Areas disproportionately affected by environmental pollution and other hazards that can lead to negative public health effects, exposure, or environmental degradation. (ii) Areas with socioeconomic vulnerability. (B) (1) For purposes of this paragraph, “previously identified” means identified prior to commencing construction of the facility. (2) Not less than 100 megawatts shall be reserved for participation by residential class customers. (3) Twenty megawatts shall be reserved for the City of Davis. (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. (f) A participating utility’s green tariff shared renewables program shall support diverse procurement and the goals of commission General Order 156. (g) A participating utility’s green tariff shared renewables program shall not allow a customer to subscribe to more than 100 percent of the customer’s electricity demand. (h) Except as authorized by this subdivision, a participating utility’s 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. (i) A participating utility’s 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’s total cumulative rated generating capacity. (j) To the extent possible, a participating utility shall actively market the utility’s green tariff shared renewables program to low-income and minority communities and customers. (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’s 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’s 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, “time-of-delivery profile” 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. (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’s resources to serve a participating customer’s needs. (m) A participating customer’s 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’s green tariff shared renewables program’s 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) Participating customers shall pay all otherwise applicable charges without modification. (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. (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. (q) The commission shall ensure that charges and credits associated with a participating utility’s 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. (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’s green tariff shared renewables program and that all costs and revenues are fully transparent and auditable. (s) Any renewable energy credits associated with electricity procured by a participating utility for the utility’s 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’s renewables portfolio standard. (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’s green tariff shared renewables program to the utility’s 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. (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’s green tariff shared renewables program, commencing with the point in time at which the generating facility achieves commercial operation. (v) All renewable energy resources procured on behalf of participating customers in the participating utility’s green tariff shared renewables program shall comply with the State Air Resources Board’s 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’s Voluntary Renewable Electricity Program. (w) A participating utility shall provide a municipality with aggregated consumption data for participating customers within the municipality’s 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’s 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. (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. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 1031 of the Government Code is amended to read: 1031. Each class of public officers or employees declared by law to be peace officers shall meet all of the following minimum standards: (a) Be a citizen of the United States or a permanent resident alien who is eligible for and has applied for citizenship, except as provided in Section 2267 of the Vehicle Code. (b) Be at least 18 years of age. (c) Be fingerprinted for purposes of search of local, state, and national fingerprint files to disclose a criminal record. (d) Be of good moral character, as determined by a thorough background investigation. (e) Be a high school graduate, pass the General Education Development Test or other high school equivalency test approved by the State Department of Education that indicates high school graduation level, pass the California High School Proficiency Examination, or have attained a two-year, four-year, or advanced degree from an accredited college or university. The high school shall be either a United States public school, an accredited United States Department of Defense high school, or an accredited or approved public or nonpublic high school. Any accreditation or approval required by this subdivision shall be from a state or local government educational agency using local or state government approved accreditation, licensing, registration, or other approval standards, a regional accrediting association, an accrediting association recognized by the Secretary of the United States Department of Education, an accrediting association holding full membership in the National Council for Private School Accreditation (NCPSA), an organization holding full membership in AdvancED, an organization holding full membership in the Council for American Private Education (CAPE), or an accrediting association recognized by the National Federation of Nonpublic School State Accrediting Associations (NFNSSAA). (f) Be found to be free from any physical, emotional, or mental condition that might adversely affect the exercise of the powers of a peace officer. (1) Physical condition shall be evaluated by a licensed physician and surgeon. (2) Emotional and mental condition shall be evaluated by either of the following: (A) A physician and surgeon who holds a valid California license to practice medicine, has successfully completed a postgraduate medical residency education program in psychiatry accredited by the Accreditation Council for Graduate Medical Education, and has at least the equivalent of five full-time years of experience in the diagnosis and treatment of emotional and mental disorders, including the equivalent of three full-time years accrued after completion of the psychiatric residency program. (B) A psychologist licensed by the California Board of Psychology who has at least the equivalent of five full-time years of experience in the diagnosis and treatment of emotional and mental disorders, including the equivalent of three full-time years accrued postdoctorate. The physician and surgeon or psychologist shall also have met any applicable education and training procedures set forth by the California Commission on Peace Officer Standards and Training designed for the conduct of preemployment psychological screening of peace officers. (g) This section shall not be construed to preclude the adoption of additional or higher standards, including age. SEC. 2. Section 384a of the Penal Code is amended to read: 384a. (a) (1) A person shall not willfully or negligently cut, destroy, mutilate, or remove plant material that is growing upon state or county highway rights-of-way. (2) A person shall not willfully or negligently cut, destroy, mutilate, or remove plant material that is growing upon public land or upon land that is not his or hers without a written permit from the owner of the land, signed by the owner of the land or the owner’s authorized agent, as provided in subdivision (c). (3) A person shall not knowingly sell, offer or expose for sale, or transport for sale plant material that is cut or removed in violation of this subdivision. (b) For purposes of this section, “plant material” means a tree, shrub, fern, herb, bulb, cactus, flower, huckleberry, or redwood green, or a portion of any of those, or the leaf mold on those plants. “Plant material” does not include a tree, shrub, fern, herb, bulb, cactus, flower, or greens declared by law to be a public nuisance. (c) (1) The written permit required by paragraph (2) of subdivision (a) shall be signed by the landowner, or the landowner’s authorized agent, and acknowledged before a notary public, or other person authorized by law to take acknowledgments. The permit shall contain the number and species of trees and amount of plant material, and shall contain the legal description of the real property as usually found in deeds and conveyances of the land on which cutting or removal shall take place. One copy of the permit shall be filed in the office of the sheriff of the county in which the land described in the permit is located. The permit shall be filed prior to the commencement of cutting or removal of plant material authorized by the permit. (2) The permit required by this section need not be notarized or filed with the sheriff when five or less pounds of shrubs or boughs are to be cut or removed. (d) A county or state fire warden; personnel of the Department of Forestry and Fire Protection, as designated by the Director of Forestry and Fire Protection; personnel of the United States Forest Service, as designated by the Regional Forester, Region 5, of the United States Forest Service; or a peace officer of the State of California, may enforce the provisions of this section and may confiscate any and all plant material unlawfully cut or removed or knowingly sold, offered, or exposed or transported for sale as provided in this section. (e) This section does not apply to any of the following: (1) An employee of the state or of a political subdivision of the state who is engaged in work upon a state, county, or public road or highway while performing work under the supervision of the state or a political subdivision of the state. (2) A person engaged in the necessary cutting or trimming of plant material for the purpose of protecting or maintaining an electric powerline, telephone line, or other property of a public utility. (3) A person engaged in logging operations or fire suppression. (f) A violation of this section shall be a misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000), by imprisonment in a county jail for not more than six months, or by both that fine and imprisonment. SEC. 3. Section 849 of the Penal Code is amended to read: 849. (a) When an arrest is made without a warrant by a peace officer or private person, the person arrested, if not otherwise released, shall, without unnecessary delay, be taken before the nearest or most accessible magistrate in the county in which the offense is triable, and a complaint stating the charge against the arrested person shall be laid before the magistrate. (b) A peace officer may release from custody, instead of taking the person before a magistrate, a person arrested without a warrant in the following circumstances: (1) The officer is satisfied that there are insufficient grounds for making a criminal complaint against the person arrested. (2) The person arrested was arrested for intoxication only, and no further proceedings are desirable. (3) The person was arrested only for being under the influence of a controlled substance or drug and the person is delivered to a facility or hospital for treatment and no further proceedings are desirable. (4) The person was arrested for driving under the influence of alcohol or drugs and the person is delivered to a hospital for medical treatment that prohibits immediate delivery before a magistrate. (c) The record of arrest of a person released pursuant to paragraphs (1) and (3) of subdivision (b) shall include a record of release. Thereafter, the arrest shall not be deemed an arrest, but a detention only. SEC. 4. Section 4131.5 of the Penal Code is amended and renumbered to read: 243.15. Every person confined in, sentenced to, or serving a sentence in, a city or county jail, industrial farm, or industrial road camp in this state, who commits a battery upon the person of any individual who is not himself or herself a person confined or sentenced therein, is guilty of a public offense and is subject to punishment by imprisonment pursuant to subdivision (h) of Section 1170, or in a county jail for not more than one year. SEC. 5. Section 4504 of the Penal Code is amended to read: 4504. For purposes of this chapter: (a) A person is deemed confined in a “state prison” if he or she is confined in any of the prisons and institutions specified in Section 5003 by order made pursuant to law, including, but not limited to, commitments to the Department of Corrections and Rehabilitation or the Department of Corrections and Rehabilitation, Division of Juvenile Justice, regardless of the purpose of the confinement and regardless of the validity of the order directing the confinement, until a judgment of a competent court setting aside the order becomes final. (b) A person is deemed “confined in” a prison although, at the time of the offense, he or she is temporarily outside its walls or bounds for the purpose of serving on a work detail, for the purpose of confinement in a local correctional institution pending trial, or for any other purpose for which a prisoner may be allowed temporarily outside the walls or bounds of the prison. A prisoner who has been released on parole is not deemed “confined in” a prison for purposes of this chapter. SEC. 6. Section 5008 of the Public Resources Code is amended to read: 5008. (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. (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. (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 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. (d) Any person who violates the rules and regulations established by the department is guilty of either a misdemeanor, punishable 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, or an infraction punishable by a fine of not more than one thousand dollars ($1,000). SEC. 7. Section 1403 of the Welfare and Institutions Code is repealed.

(1) Existing law, when a person is arrested without a warrant, requires the person, if not otherwise released and without unnecessary delay, to be taken before the nearest or most accessible magistrate in the county in which the offense is triable, unless certain exemptions apply, including that the person was arrested for intoxication only and no further proceedings are desirable. This bill would exempt a person from the requirement of, without unnecessary delay, being taken before the nearest or most accessible magistrate in the county in which the offense is triable if the person is arrested for driving under the influence of alcohol or drugs and the person is delivered to a hospital for medical treatment that prohibits immediate delivery before a magistrate. (2) Existing law requires the Department of Parks and Recreation to protect the state park system and the state vehicular recreation area and trail system from damage and to preserve the peace therein. Existing law provides that a person who violates the rules and regulations established by the department is guilty of a misdemeanor and, upon conviction, shall be punished by imprisonment, as specified, 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. Existing law also requires that a person who is convicted of the offense after that reduction be punished by a fine of not less than $10 nor more than $1,000. This bill would instead make a person who violates those rules and regulations guilty of either a misdemeanor, punishable as provided under existing law, or an infraction, punishable by a fine of not more than $1,000. The bill would delete the mandatory minimum fine. (3) Existing law, the Interstate Compact for Juveniles, adopted by this state and effective until January 1, 2016, establishes an interstate commission of the compacting states to, among other things, oversee, supervise, and coordinate the interstate movement of juveniles. This bill would delete the repeal date of these provisions, and would thereby extend the operation of the provisions indefinitely. (4) This bill would make other technical, nonsubstantive changes.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 1031 of the Government Code is amended to read: 1031. Each class of public officers or employees declared by law to be peace officers shall meet all of the following minimum standards: (a) Be a citizen of the United States or a permanent resident alien who is eligible for and has applied for citizenship, except as provided in Section 2267 of the Vehicle Code. (b) Be at least 18 years of age. (c) Be fingerprinted for purposes of search of local, state, and national fingerprint files to disclose a criminal record. (d) Be of good moral character, as determined by a thorough background investigation. (e) Be a high school graduate, pass the General Education Development Test or other high school equivalency test approved by the State Department of Education that indicates high school graduation level, pass the California High School Proficiency Examination, or have attained a two-year, four-year, or advanced degree from an accredited college or university. The high school shall be either a United States public school, an accredited United States Department of Defense high school, or an accredited or approved public or nonpublic high school. Any accreditation or approval required by this subdivision shall be from a state or local government educational agency using local or state government approved accreditation, licensing, registration, or other approval standards, a regional accrediting association, an accrediting association recognized by the Secretary of the United States Department of Education, an accrediting association holding full membership in the National Council for Private School Accreditation (NCPSA), an organization holding full membership in AdvancED, an organization holding full membership in the Council for American Private Education (CAPE), or an accrediting association recognized by the National Federation of Nonpublic School State Accrediting Associations (NFNSSAA). (f) Be found to be free from any physical, emotional, or mental condition that might adversely affect the exercise of the powers of a peace officer. (1) Physical condition shall be evaluated by a licensed physician and surgeon. (2) Emotional and mental condition shall be evaluated by either of the following: (A) A physician and surgeon who holds a valid California license to practice medicine, has successfully completed a postgraduate medical residency education program in psychiatry accredited by the Accreditation Council for Graduate Medical Education, and has at least the equivalent of five full-time years of experience in the diagnosis and treatment of emotional and mental disorders, including the equivalent of three full-time years accrued after completion of the psychiatric residency program. (B) A psychologist licensed by the California Board of Psychology who has at least the equivalent of five full-time years of experience in the diagnosis and treatment of emotional and mental disorders, including the equivalent of three full-time years accrued postdoctorate. The physician and surgeon or psychologist shall also have met any applicable education and training procedures set forth by the California Commission on Peace Officer Standards and Training designed for the conduct of preemployment psychological screening of peace officers. (g) This section shall not be construed to preclude the adoption of additional or higher standards, including age. SEC. 2. Section 384a of the Penal Code is amended to read: 384a. (a) (1) A person shall not willfully or negligently cut, destroy, mutilate, or remove plant material that is growing upon state or county highway rights-of-way. (2) A person shall not willfully or negligently cut, destroy, mutilate, or remove plant material that is growing upon public land or upon land that is not his or hers without a written permit from the owner of the land, signed by the owner of the land or the owner’s authorized agent, as provided in subdivision (c). (3) A person shall not knowingly sell, offer or expose for sale, or transport for sale plant material that is cut or removed in violation of this subdivision. (b) For purposes of this section, “plant material” means a tree, shrub, fern, herb, bulb, cactus, flower, huckleberry, or redwood green, or a portion of any of those, or the leaf mold on those plants. “Plant material” does not include a tree, shrub, fern, herb, bulb, cactus, flower, or greens declared by law to be a public nuisance. (c) (1) The written permit required by paragraph (2) of subdivision (a) shall be signed by the landowner, or the landowner’s authorized agent, and acknowledged before a notary public, or other person authorized by law to take acknowledgments. The permit shall contain the number and species of trees and amount of plant material, and shall contain the legal description of the real property as usually found in deeds and conveyances of the land on which cutting or removal shall take place. One copy of the permit shall be filed in the office of the sheriff of the county in which the land described in the permit is located. The permit shall be filed prior to the commencement of cutting or removal of plant material authorized by the permit. (2) The permit required by this section need not be notarized or filed with the sheriff when five or less pounds of shrubs or boughs are to be cut or removed. (d) A county or state fire warden; personnel of the Department of Forestry and Fire Protection, as designated by the Director of Forestry and Fire Protection; personnel of the United States Forest Service, as designated by the Regional Forester, Region 5, of the United States Forest Service; or a peace officer of the State of California, may enforce the provisions of this section and may confiscate any and all plant material unlawfully cut or removed or knowingly sold, offered, or exposed or transported for sale as provided in this section. (e) This section does not apply to any of the following: (1) An employee of the state or of a political subdivision of the state who is engaged in work upon a state, county, or public road or highway while performing work under the supervision of the state or a political subdivision of the state. (2) A person engaged in the necessary cutting or trimming of plant material for the purpose of protecting or maintaining an electric powerline, telephone line, or other property of a public utility. (3) A person engaged in logging operations or fire suppression. (f) A violation of this section shall be a misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000), by imprisonment in a county jail for not more than six months, or by both that fine and imprisonment. SEC. 3. Section 849 of the Penal Code is amended to read: 849. (a) When an arrest is made without a warrant by a peace officer or private person, the person arrested, if not otherwise released, shall, without unnecessary delay, be taken before the nearest or most accessible magistrate in the county in which the offense is triable, and a complaint stating the charge against the arrested person shall be laid before the magistrate. (b) A peace officer may release from custody, instead of taking the person before a magistrate, a person arrested without a warrant in the following circumstances: (1) The officer is satisfied that there are insufficient grounds for making a criminal complaint against the person arrested. (2) The person arrested was arrested for intoxication only, and no further proceedings are desirable. (3) The person was arrested only for being under the influence of a controlled substance or drug and the person is delivered to a facility or hospital for treatment and no further proceedings are desirable. (4) The person was arrested for driving under the influence of alcohol or drugs and the person is delivered to a hospital for medical treatment that prohibits immediate delivery before a magistrate. (c) The record of arrest of a person released pursuant to paragraphs (1) and (3) of subdivision (b) shall include a record of release. Thereafter, the arrest shall not be deemed an arrest, but a detention only. SEC. 4. Section 4131.5 of the Penal Code is amended and renumbered to read: 243.15. Every person confined in, sentenced to, or serving a sentence in, a city or county jail, industrial farm, or industrial road camp in this state, who commits a battery upon the person of any individual who is not himself or herself a person confined or sentenced therein, is guilty of a public offense and is subject to punishment by imprisonment pursuant to subdivision (h) of Section 1170, or in a county jail for not more than one year. SEC. 5. Section 4504 of the Penal Code is amended to read: 4504. For purposes of this chapter: (a) A person is deemed confined in a “state prison” if he or she is confined in any of the prisons and institutions specified in Section 5003 by order made pursuant to law, including, but not limited to, commitments to the Department of Corrections and Rehabilitation or the Department of Corrections and Rehabilitation, Division of Juvenile Justice, regardless of the purpose of the confinement and regardless of the validity of the order directing the confinement, until a judgment of a competent court setting aside the order becomes final. (b) A person is deemed “confined in” a prison although, at the time of the offense, he or she is temporarily outside its walls or bounds for the purpose of serving on a work detail, for the purpose of confinement in a local correctional institution pending trial, or for any other purpose for which a prisoner may be allowed temporarily outside the walls or bounds of the prison. A prisoner who has been released on parole is not deemed “confined in” a prison for purposes of this chapter. SEC. 6. Section 5008 of the Public Resources Code is amended to read: 5008. (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. (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. (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 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. (d) Any person who violates the rules and regulations established by the department is guilty of either a misdemeanor, punishable 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, or an infraction punishable by a fine of not more than one thousand dollars ($1,000). SEC. 7. Section 1403 of the Welfare and Institutions Code is repealed. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 16430 of the Government Code is amended to read: 16430. Eligible securities for the investment of surplus moneys shall be any of the following: (a) Bonds or interest-bearing notes or obligations of the United States, or those for which the faith and credit of the United States are pledged for the payment of principal and interest. (b) Bonds or interest-bearing notes on obligations that are guaranteed as to principal and interest by a federal agency of the United States. (c) Bonds, notes, and warrants of this state, or those for which the faith and credit of this state are pledged for the payment of principal and interest. (d) Bonds or warrants, including, but not limited to, revenue warrants, of any county, city, metropolitan water district, California water district, California water storage district, irrigation district in the state, municipal utility district, or school district of this state. (e) Any of the following: (1) Bonds, consolidated bonds, collateral trust debentures, consolidated debentures, or other obligations issued by federal land banks or federal intermediate credit banks established under the Federal Farm Loan Act, as amended (12 U.S.C. Sec. 2001 et seq.). (2) Debentures and consolidated debentures issued by the Central Bank for Cooperatives and banks for cooperatives established under the Farm Credit Act of 1933, as amended (12 U.S.C. Sec. 2001 et seq.). (3) Bonds or debentures of the Federal Home Loan Bank Board established under the Federal Home Loan Bank Act (12 U.S.C. Sec. 1421 et seq.). (4) Stocks, bonds, debentures, and other obligations of the Federal National Mortgage Association established under the National Housing Act, as amended (12 U.S.C. Sec. 1701 et seq.). (5) Bonds of any federal home loan bank established under that act. (6) Obligations of the Federal Home Loan Mortgage Corporation. (7) Bonds, notes, and other obligations issued by the Tennessee Valley Authority under the Tennessee Valley Authority Act, as amended (16 U.S.C. Sec. 831 et seq.). (8) Other obligations guaranteed by the Commodity Credit Corporation for the export of California agricultural products under the Commodity Credit Corporation Charter Act, as amended (15 U.S.C. Sec. 714 et seq.). (f) (1) Commercial paper of “prime” quality as defined by a nationally recognized organization that rates these securities, if the commercial paper is issued by a federally or state-chartered bank or a state-licensed branch of a foreign bank, corporation, trust, or limited liability company that is approved by the Pooled Money Investment Board as meeting the conditions specified in either subparagraph (A) or subparagraph (B): (A) Both of the following conditions: (i) Organized and operating within the United States. (ii) Having total assets in excess of five hundred million dollars ($500,000,000). (B) Both of the following conditions: (i) Organized within the United States as a federally or state-chartered bank or a state-licensed branch of a foreign bank, special purpose corporation, trust, or limited liability company. (ii) Having programwide credit enhancements including, but not limited to, overcollateralization, letters of credit, or surety bond. (2) A purchase of eligible commercial paper may not do any of the following: (A) Exceed 270 days maturity. (B) Represent more than 10 percent of the outstanding paper of an issuing federally or state-chartered bank or a state-licensed branch of a foreign bank, corporation, trust, or limited liability company. (C) Exceed 30 percent of the resources of an investment program. (3) At the request of the Pooled Money Investment Board, an investment made pursuant to this subdivision shall be secured by the issuer by depositing with the Treasurer securities authorized by Section 53651 of a market value at least 10 percent in excess of the amount of the state’s investment. (g) Bills of exchange or time drafts drawn on and accepted by a commercial bank, otherwise known as bankers acceptances, that are eligible for purchase by the Federal Reserve System. (h) Negotiable certificates of deposits issued by a federally or state-chartered bank or savings and loan association, a state-licensed branch of a foreign bank, or a federally or state-chartered credit union. For the purposes of this section, negotiable certificates of deposits are not subject to Chapter 4 (commencing with Section 16500) and Chapter 4.5 (commencing with Section 16600). (i) The portion of bank loans and obligations guaranteed by the United States Small Business Administration or the United States Farmers Home Administration. (j) Bank loans and obligations guaranteed by the Export-Import Bank of the United States. (k) Student loan notes insured under the Guaranteed Student Loan Program established pursuant to the Higher Education Act of 1965, as amended (20 U.S.C. Sec. 1001 et seq.) and eligible for resale to the Student Loan Marketing Association established pursuant to Section 133 of the Education Amendments of 1972, as amended (20 U.S.C. Sec. 1087-2). (l) Obligations issued, assumed, or guaranteed by the International Bank for Reconstruction and Development, the Inter-American Development Bank, the Asian Development Bank, the African Development Bank, the International Finance Corporation, or the Government Development Bank of Puerto Rico. (m) Bonds, debentures, and notes issued by corporations organized and operating within the United States. Securities eligible for investment under this subdivision shall be within the top three ratings of a nationally recognized rating service. (n) Negotiable Order of Withdrawal Accounts (NOW Accounts), invested in accordance with Chapter 4 (commencing with Section 16500). SEC. 2. Title 4.5 (commencing with Section 4400) of Part 3 of the Penal Code is repealed. SEC. 3. Title 4.6 (commencing with Section 4450) of Part 3 of the Penal Code is repealed. SEC. 4. Chapter 12 (commencing with Section 7100) of Title 7 of Part 3 of the Penal Code is repealed. SEC. 5. Chapter 13 (commencing with Section 7200) of Title 7 of Part 3 of the Penal Code is repealed. SEC. 6. Chapter 1.6 (commencing with Section 5096.1) of Division 5 of the Public Resources Code is repealed. SEC. 7. Chapter 1.67 (commencing with Section 5096.71) of Division 5 of the Public Resources Code is repealed. SEC. 8. Article 5.5 (commencing with Section 11922) of Chapter 10 of Part 3 of Division 6 of the Water Code is repealed. SEC. 9. Chapter 13 (commencing with Section 13970) of Division 7 of the Water Code is repealed. SEC. 10. Chapter 14 (commencing with Section 13985) of Division 7 of the Water Code is repealed.

Existing law specifies the types of securities that are eligible for the investment of surplus state funds, including commercial paper of “prime” quality as defined by a nationally recognized organization that rates these securities, if the commercial paper is issued by a corporation, trust, or limited liability company that is approved by the Pooled Money Investment Board as meeting specified conditions. Existing law prohibits a purchase of commercial paper from exceeding 180 days maturity. This bill would additionally include commercial paper issued by a federally or state-chartered bank or a state-licensed branch of a foreign bank that is approved by the Pooled Money Investment Board as meeting the specified conditions. This bill would prohibit a purchase of commercial paper from exceeding 270 days maturity. The County Jail Capital Expenditure Bond Act of 1981 authorized the issuance and sale of $280,000,000 in state general obligation bonds to finance the construction, reconstruction, remodeling, and replacement of county jails and for deferred maintenance. The act establishes the County Jail Capital Expenditure Finance Committee for the purpose of authorizing the issuance and sale of the bonds authorized by the act. The County Jail Capital Expenditure Bond Act of 1984 authorized the issuance and sale of $250,000,000 in state general obligation bonds to finance the construction, reconstruction, remodeling, and replacement of county jails and for deferred maintenance. The act establishes the County Jail Capital Expenditure Finance Committee for the purpose of authorizing the issuance and sale of the bonds authorized by the act. The New Prison Construction Bond Act of 1981 authorized the issuance and sale of $495,000,000 in state general obligation bonds to finance the construction, renovation, and remodeling of state correctional facilities and for deferred maintenance. The act establishes the New Prison Construction Committee for the purpose of authorizing the issuance and sale of the bonds authorized by the act. The New Prison Construction Bond Act of 1984 authorized the issuance and sale of $300,000,000 in state general obligation bonds to finance the construction, renovation, and remodeling of state correctional facilities and for deferred maintenance. The act establishes the 1984 Prison Construction Committee for the purpose of authorizing the issuance and sale of the bonds authorized by the act. The Cameron-Unruh Beach, Park, Recreational, and Historical Facilities Bond Act of 1964 authorized the issuance and sale of $150,000,000 in state general obligation bonds to finance the acquisition and development of lands for recreational purposes. The act establishes the State Park and Recreation Finance Committee for the purpose of authorizing the issuance and sale of the bonds authorized by the act. The State Beach, Park, Recreational, and Historical Facilities Bond Act of 1974, also known as the Z’berg-Collier Park Bond Act, authorized the issuance and sale of $250,000,000 in state general obligation bonds to finance the acquisition and development of lands for recreational purposes. The act establishes the State Park and Recreation Finance Committee for the purpose of authorizing the issuance and sale of the bonds authorized by the act. Existing law, known as the Recreation and Fish and Wildlife Enhancement Bond Act of 1970, authorized the issuance and sale of $60,000,000 in state general obligation bonds to finance the design and construction of recreation facilities, fish and wildlife enhancement features, and fishing access sites. Existing law establishes the Recreation and Fish and Wildlife Enhancement Finance Committee for the purpose of authorizing the issuance and sale of the bonds authorized by these provisions. The Clean Water Bond Law of 1970 authorized the issuance and sale of $250,000,000 in state general obligation bonds to finance grants to municipalities for water reclamation projects. The Clean Water Bond Law of 1970 establishes the Clean Water Finance Committee for the purpose of authorizing the issuance and sale of the bonds authorized by these provisions. The Clean Water Bond Law of 1974 authorized the issuance and sale of $250,000,000 in state general obligation bonds to finance grants to municipalities for water reclamation projects. The Clean Water Bond Law of 1974 establishes the Clean Water Finance Committee for the purpose of authorizing the issuance and sale of the bonds authorized by these provisions. This bill would repeal all of the above-described laws.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 16430 of the Government Code is amended to read: 16430. Eligible securities for the investment of surplus moneys shall be any of the following: (a) Bonds or interest-bearing notes or obligations of the United States, or those for which the faith and credit of the United States are pledged for the payment of principal and interest. (b) Bonds or interest-bearing notes on obligations that are guaranteed as to principal and interest by a federal agency of the United States. (c) Bonds, notes, and warrants of this state, or those for which the faith and credit of this state are pledged for the payment of principal and interest. (d) Bonds or warrants, including, but not limited to, revenue warrants, of any county, city, metropolitan water district, California water district, California water storage district, irrigation district in the state, municipal utility district, or school district of this state. (e) Any of the following: (1) Bonds, consolidated bonds, collateral trust debentures, consolidated debentures, or other obligations issued by federal land banks or federal intermediate credit banks established under the Federal Farm Loan Act, as amended (12 U.S.C. Sec. 2001 et seq.). (2) Debentures and consolidated debentures issued by the Central Bank for Cooperatives and banks for cooperatives established under the Farm Credit Act of 1933, as amended (12 U.S.C. Sec. 2001 et seq.). (3) Bonds or debentures of the Federal Home Loan Bank Board established under the Federal Home Loan Bank Act (12 U.S.C. Sec. 1421 et seq.). (4) Stocks, bonds, debentures, and other obligations of the Federal National Mortgage Association established under the National Housing Act, as amended (12 U.S.C. Sec. 1701 et seq.). (5) Bonds of any federal home loan bank established under that act. (6) Obligations of the Federal Home Loan Mortgage Corporation. (7) Bonds, notes, and other obligations issued by the Tennessee Valley Authority under the Tennessee Valley Authority Act, as amended (16 U.S.C. Sec. 831 et seq.). (8) Other obligations guaranteed by the Commodity Credit Corporation for the export of California agricultural products under the Commodity Credit Corporation Charter Act, as amended (15 U.S.C. Sec. 714 et seq.). (f) (1) Commercial paper of “prime” quality as defined by a nationally recognized organization that rates these securities, if the commercial paper is issued by a federally or state-chartered bank or a state-licensed branch of a foreign bank, corporation, trust, or limited liability company that is approved by the Pooled Money Investment Board as meeting the conditions specified in either subparagraph (A) or subparagraph (B): (A) Both of the following conditions: (i) Organized and operating within the United States. (ii) Having total assets in excess of five hundred million dollars ($500,000,000). (B) Both of the following conditions: (i) Organized within the United States as a federally or state-chartered bank or a state-licensed branch of a foreign bank, special purpose corporation, trust, or limited liability company. (ii) Having programwide credit enhancements including, but not limited to, overcollateralization, letters of credit, or surety bond. (2) A purchase of eligible commercial paper may not do any of the following: (A) Exceed 270 days maturity. (B) Represent more than 10 percent of the outstanding paper of an issuing federally or state-chartered bank or a state-licensed branch of a foreign bank, corporation, trust, or limited liability company. (C) Exceed 30 percent of the resources of an investment program. (3) At the request of the Pooled Money Investment Board, an investment made pursuant to this subdivision shall be secured by the issuer by depositing with the Treasurer securities authorized by Section 53651 of a market value at least 10 percent in excess of the amount of the state’s investment. (g) Bills of exchange or time drafts drawn on and accepted by a commercial bank, otherwise known as bankers acceptances, that are eligible for purchase by the Federal Reserve System. (h) Negotiable certificates of deposits issued by a federally or state-chartered bank or savings and loan association, a state-licensed branch of a foreign bank, or a federally or state-chartered credit union. For the purposes of this section, negotiable certificates of deposits are not subject to Chapter 4 (commencing with Section 16500) and Chapter 4.5 (commencing with Section 16600). (i) The portion of bank loans and obligations guaranteed by the United States Small Business Administration or the United States Farmers Home Administration. (j) Bank loans and obligations guaranteed by the Export-Import Bank of the United States. (k) Student loan notes insured under the Guaranteed Student Loan Program established pursuant to the Higher Education Act of 1965, as amended (20 U.S.C. Sec. 1001 et seq.) and eligible for resale to the Student Loan Marketing Association established pursuant to Section 133 of the Education Amendments of 1972, as amended (20 U.S.C. Sec. 1087-2). (l) Obligations issued, assumed, or guaranteed by the International Bank for Reconstruction and Development, the Inter-American Development Bank, the Asian Development Bank, the African Development Bank, the International Finance Corporation, or the Government Development Bank of Puerto Rico. (m) Bonds, debentures, and notes issued by corporations organized and operating within the United States. Securities eligible for investment under this subdivision shall be within the top three ratings of a nationally recognized rating service. (n) Negotiable Order of Withdrawal Accounts (NOW Accounts), invested in accordance with Chapter 4 (commencing with Section 16500). SEC. 2. Title 4.5 (commencing with Section 4400) of Part 3 of the Penal Code is repealed. SEC. 3. Title 4.6 (commencing with Section 4450) of Part 3 of the Penal Code is repealed. SEC. 4. Chapter 12 (commencing with Section 7100) of Title 7 of Part 3 of the Penal Code is repealed. SEC. 5. Chapter 13 (commencing with Section 7200) of Title 7 of Part 3 of the Penal Code is repealed. SEC. 6. Chapter 1.6 (commencing with Section 5096.1) of Division 5 of the Public Resources Code is repealed. SEC. 7. Chapter 1.67 (commencing with Section 5096.71) of Division 5 of the Public Resources Code is repealed. SEC. 8. Article 5.5 (commencing with Section 11922) of Chapter 10 of Part 3 of Division 6 of the Water Code is repealed. SEC. 9. Chapter 13 (commencing with Section 13970) of Division 7 of the Water Code is repealed. SEC. 10. Chapter 14 (commencing with Section 13985) of Division 7 of the Water Code is repealed. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 41030 of the Revenue and Taxation Code, as amended by Chapter 926 of the Statutes of 2014, is amended to read: 41030. (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’s 911 costs. (b) (1) The surcharge rate shall be determined by dividing the costs (including incremental costs) the Office of Emergency Services 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, less the available balance in the State Emergency Telephone Number Account in the General Fund, by its estimate of the charges for intrastate telephone communications services and VoIP service to which the surcharge will apply for the period of January 1, 2015, to December 31, inclusive, of the next succeeding calendar year, but in no event shall the surcharge rate in any year be greater than three-quarters of 1 percent nor less than one-half of 1 percent. (2) Commencing with the calculation made October 1, 2015, to be effective January 1, 2016, the surcharge shall be determined by dividing the costs (including incremental costs) the Office of Emergency Services 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, less the available balance in the State Emergency Telephone Number Account in the General Fund, by its estimate of the charges for intrastate telephone communications services, the intrastate portion of prepaid mobile telephony services, and VoIP service to which the surcharge will 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 greater than three-quarters of 1 percent or less than one-half of 1 percent. In making its computation of the charges that are applicable to the intrastate portion of prepaid mobile telephony services, the Office of Emergency Services shall use the computation method developed by the Public Utilities Commission and reported to the Office of Emergency Services pursuant to subdivisions (a) and (b) and (c) of Section 319 of the Public Utilities Code. (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. (d) The office shall notify the board of the surcharge rate imposed under this part and determined pursuant to this section on or before October 1 of each year and the surcharge rate applicable to prepaid mobile telephony services by determined pursuant to this section for purposes of the prepaid MTS surcharge calculated under Part 21 (commencing with Section 42001) on or before October 15 of each year. (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: (1) The prior year revenues to fund 911 costs, including, but not limited to, revenues from prepaid service. (2) Projected expenses and revenues from all sources, including, but not limited to, prepaid service to fund 911 costs. (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). (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. SEC. 2. Section 41032 of the Revenue and Taxation Code is amended to read: 41032. Immediately upon notification by the Office of Emergency Services and fixing the surcharge rate, the board shall each year no later than November 15 publish in its minutes the new rate, and it shall notify by mail every service supplier registered with it of the new rate by means then available to it, including, but not limited to, mail, electronic mail, or Internet Web site postings . SEC. 3. Section 42010 of the Revenue and Taxation Code is amended to read: 42010. (a) (1) On and after January 1, 2016, a prepaid MTS surcharge shall be imposed on each prepaid consumer and shall be collected by a seller from each prepaid consumer at the time of each retail transaction in this state. The prepaid MTS surcharge shall be imposed as a percentage of the sales price of each retail transaction that occurs in this state. (2) The prepaid MTS surcharge shall be in lieu of any charges imposed pursuant to the Emergency Telephone Users Surcharge Act (Part 20 (commencing with Section 41001)) and the Public Utilities Commission surcharges for prepaid mobile telephony services. (b) The prepaid MTS surcharge shall be annually calculated by the board by no later than November 1 of each year commencing November 1, 2015, by adding the following: (1) The surcharge rate reported pursuant to subdivision (d) of Section 41030. (2) The Public Utilities Commission’s reimbursement fee and telecommunications universal service surcharges, established by the Public Utilities Commission pursuant to subdivisions (a) and (b) and (c) of Section 319 of the Public Utilities Code. (c) (1) The board shall post, for each local jurisdiction, the combined total of the rates of prepaid MTS surcharge and the rate or rates of local charges, as calculated pursuant to Sections 42102 and 42102.5, that each local jurisdiction has adopted, not later than December 1 of each year, on its Internet Web site. The posted combined rate shall be the rate that applies to all retail transactions during the calendar year beginning April 1 following the posting. (2) Notwithstanding paragraph (1), if a local agency notifies the board pursuant to subdivision (d) of Section 42101.5 that the posted rate is inaccurate or it no longer imposes a local charge or local charges or that the rate of its local charge or local charges has decreased, the board shall promptly post a recalculated rate that is applicable to the jurisdiction of that local agency. The change shall become operative on the first day of the calendar quarter commencing more than 60 days from the date the local agency notifies the board of the inaccuracy or that it no longer imposes a local charge or that the rate of its local charge has decreased. Nothing in this section modifies the notice obligations of Section 799 of the Public Utilities Code. However, beginning January 1, 2016, the notification and implementation requirements of paragraphs (5) and (6) of subdivision (a) of Section 799 of the Public Utilities Code shall not apply to prepaid mobile telephony services. (3) The board shall also separately post on its Internet Web site the individual rates for each of the following: (A) Each of the Public Utilities Commission surcharges that make up the Public Utilities Commission surcharge portion of the prepaid MTS surcharge, as reported pursuant to Section 319 of the Public Utilities Code. (B) The percentage for the emergency telephone users surcharge reported pursuant to subdivision (c) (d) of Section 41030. (C) Each of the individual local charges reported pursuant to Section 42101.5. (4) A seller collecting the prepaid MTS surcharge and local charges pursuant to this part and Part 21.1 (commencing with Section 42100) may rely upon the accuracy of the information posted on the board’s Internet Web site in collecting and remitting all amounts of the prepaid MTS surcharge and local charges. (d) (1) Except for amounts retained pursuant to subdivision (e), and except as provided in subdivision (f) for a seller that is a direct seller, all amounts of the prepaid MTS surcharge and local charges collected by sellers shall be remitted to the board pursuant to Chapter 3 (commencing with Section 42020). (2) A seller that is authorized to provide lifeline service under the state lifeline program or federal lifeline program, that sells prepaid mobile telephony services directly to the prepaid customer, shall remit the prepaid MTS surcharge to the board, less any applicable exemption from the surcharge that is applicable to the retail transaction pursuant to Section 42012. (e) A seller that is not a direct seller shall be permitted to deduct and retain an amount equal to 2 percent of the amounts that are collected by the seller from prepaid consumers for the prepaid MTS surcharge and local charges, on a pro rata basis, according to that portion of the revenues collected by the seller for each of the following: (1) The emergency telephone users surcharge. (2) The Public Utilities Commission surcharges. (3) Local charges. (f) A direct seller shall remit the prepaid MTS surcharge and local charges as follows: (1) That portion of the prepaid MTS surcharge that consists of the Public Utilities Commission surcharges shall be remitted to the commission with those reports required by the commission. (2) That portion of the prepaid MTS surcharge that consists of the emergency telephone users surcharge shall be remitted to the board pursuant to the Emergency Telephone Users Surcharge Act (Part 20 (commencing with Section 41001)) for those retail transactions with a prepaid consumer in the state. (3) Local charges, if applicable, shall be remitted to the local jurisdiction or local agency imposing the local charge. Remittance of the local charges shall be separately identified from any other local taxes or other charges that are remitted to the local jurisdiction or local entity imposing the local tax or other charge. (g) A direct seller shall utilize the amounts posted by the board pursuant to subdivision (c) when determining what amounts to remit to the Public Utilities Commission, board, and each local jurisdiction or local agency. (h) A prepaid MTS provider shall offer prepaid consumers the option to make payment for additional prepaid usage directly to the prepaid MTS provider at the provider’s retail location or Internet Web site. (i) The amount of the combined prepaid MTS surcharge and local charges shall be separately stated on an invoice, receipt, or other similar document that is provided to the prepaid consumer of mobile telephony services by the seller, or otherwise disclosed electronically to the prepaid consumer, at the time of the retail transaction. (j) The prepaid MTS surcharge that is required to be collected by a seller and any amount unreturned to the prepaid consumer of mobile telephony services that is not owed as part of the surcharge, but was collected from the prepaid consumer under the representation by the seller that it was owed as part of the surcharge, constitute debts owed by the seller to this state. The local charge shall that is required to be collected by a seller, seller and any amount unreturned to the prepaid consumer of mobile telephony services that is not owed as part of the local charge charge, but that was collected from the prepaid consumer under the representation by the seller that it was owed as part of the local charge charge, constitutes a debt debts owed by the seller jointly to the state, for purposes of collection on behalf of, and payment to, the local jurisdiction and to the local jurisdiction imposing that local charge. (k) A seller that has collected any amount of prepaid MTS surcharge and local charges in excess of the amount of the surcharge imposed by this part and actually due from a prepaid consumer may refund that amount to the prepaid consumer, even though the surcharge amount has already been paid over to the board and no corresponding credit or refund has yet been secured. Any seller making a refund of any charge to a prepaid consumer may repay therewith the amount of the surcharge paid. (l) (1) Every prepaid consumer of mobile telephony services in this state is liable for the prepaid MTS surcharge and any local charges until they have been paid to this state, except that payment to a seller registered under this part relieves the prepaid consumer from further liability for the surcharge and local charges. Any surcharge collected from a prepaid consumer that has not been remitted to the board shall be a debt owed to the state by the person required to collect and remit the surcharge. Any local charge collected from a prepaid consumer that has not been remitted to the board shall be a debt owed jointly to the state, for purposes of collection on behalf of, and payment to, the local jurisdiction and to the local jurisdiction imposing the local charge by the person required to collect and remit the local charge. Nothing in this part shall impose any obligation upon a seller to take any legal action to enforce the collection of the surcharge or local charge imposed by this section. (2) A credit shall be allowed against, but shall not exceed, the prepaid MTS surcharge and local charges imposed on any prepaid consumer of mobile telephony services by this part to the extent that the prepaid consumer has paid emergency telephone users charges, state utility regulatory commission fees, state universal service charges, or local charges on the purchase to any other state, political subdivision thereof, or the District of Columbia. The credit shall be apportioned to the charges against which it is allowed in proportion to the amounts of those charges. (m) (1) A seller is relieved from liability to collect the prepaid MTS surcharge imposed by this part that became due and payable, insofar as the base upon which the surcharge is imposed is represented by accounts that have been found to be worthless and charged off for income tax purposes by the seller or, if the seller is not required to file income tax returns, charged off in accordance with generally accepted accounting principles. A seller that has previously paid the surcharge may, under rules and regulations prescribed by the board, take as a deduction on its return the amount found worthless and charged off by the seller. If any such accounts are thereafter in whole or in part collected by the seller, the amount so collected shall be included in the first return filed after such collection and the surcharge shall be paid with the return. (2) The board may by regulation promulgate such other rules with respect to uncollected or worthless accounts as it shall deem necessary to the fair and efficient administration of this part. SEC. 4. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to allow sufficient time to promulgate and adopt regulations necessary to implement the recently enacted Prepaid Mobile Telephony Services Surcharge Act (Part 21 (commencing with Section 42001) of Division 2 of the Revenue and Taxation Code) and Local Prepaid Mobile Telephony Services Collection Act (Part 21.1 (commencing with Section 42100) of Division 2 of the Revenue and Taxation Code), it is necessary that this act take effect immediately.

The Emergency Telephone Users Surcharge Act generally imposes a surcharge on amounts paid by every person in the state for intrastate telephone service to provide revenues sufficient to fund “911” emergency telephone system costs, and requires the Office of Emergency Services to annually determine the surcharge rate. Commencing with the calculation made October 1, 2015, existing law requires the office to compute the charges applicable to the intrastate portion of prepaid mobile telephony services, as provided. The Prepaid Mobile Telephony Service Surcharge Collection Act establishes a prepaid MTS surcharge, as defined, based upon a percentage of the sales price of each retail transaction that occurs in this state for prepaid mobile telephony services, as defined, that is imposed in lieu of any charges imposed pursuant to the Emergency Telephone Users Surcharge Act and specified Public Utility Commission surcharges. That act requires the prepaid MTS surcharge to be annually calculated by the State Board of Equalization by November 1 of each year, commencing November 1, 2015, by using the emergency telephone user surcharge rate reported by the office and specified Public Utility Commission surcharges. The Emergency Telephone Users Surcharge Act requires the office to notify the board of the emergency telephone user surcharge rate and the emergency telephone user surcharge rate applicable to prepaid mobile telephony services by October 15 of each year. This bill would instead require the office to notify the board of the emergency telephone user surcharge rate by October 1. The Emergency Telephone Users Surcharge Act requires, immediately upon notification by the office and fixing the surcharge rate, the board to notify by mail every registered service supplier of the new rate. This bill would instead require the board to notify every registered service supplier of the new rate by means then available to it, including, but not limited to, mail, electronic mail, or Internet Web site postings. This bill would make other technical, nonsubstantive changes. This bill would declare that it is to take effect immediately as an urgency statute.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 41030 of the Revenue and Taxation Code, as amended by Chapter 926 of the Statutes of 2014, is amended to read: 41030. (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’s 911 costs. (b) (1) The surcharge rate shall be determined by dividing the costs (including incremental costs) the Office of Emergency Services 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, less the available balance in the State Emergency Telephone Number Account in the General Fund, by its estimate of the charges for intrastate telephone communications services and VoIP service to which the surcharge will apply for the period of January 1, 2015, to December 31, inclusive, of the next succeeding calendar year, but in no event shall the surcharge rate in any year be greater than three-quarters of 1 percent nor less than one-half of 1 percent. (2) Commencing with the calculation made October 1, 2015, to be effective January 1, 2016, the surcharge shall be determined by dividing the costs (including incremental costs) the Office of Emergency Services 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, less the available balance in the State Emergency Telephone Number Account in the General Fund, by its estimate of the charges for intrastate telephone communications services, the intrastate portion of prepaid mobile telephony services, and VoIP service to which the surcharge will 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 greater than three-quarters of 1 percent or less than one-half of 1 percent. In making its computation of the charges that are applicable to the intrastate portion of prepaid mobile telephony services, the Office of Emergency Services shall use the computation method developed by the Public Utilities Commission and reported to the Office of Emergency Services pursuant to subdivisions (a) and (b) and (c) of Section 319 of the Public Utilities Code. (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. (d) The office shall notify the board of the surcharge rate imposed under this part and determined pursuant to this section on or before October 1 of each year and the surcharge rate applicable to prepaid mobile telephony services by determined pursuant to this section for purposes of the prepaid MTS surcharge calculated under Part 21 (commencing with Section 42001) on or before October 15 of each year. (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: (1) The prior year revenues to fund 911 costs, including, but not limited to, revenues from prepaid service. (2) Projected expenses and revenues from all sources, including, but not limited to, prepaid service to fund 911 costs. (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). (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. SEC. 2. Section 41032 of the Revenue and Taxation Code is amended to read: 41032. Immediately upon notification by the Office of Emergency Services and fixing the surcharge rate, the board shall each year no later than November 15 publish in its minutes the new rate, and it shall notify by mail every service supplier registered with it of the new rate by means then available to it, including, but not limited to, mail, electronic mail, or Internet Web site postings . SEC. 3. Section 42010 of the Revenue and Taxation Code is amended to read: 42010. (a) (1) On and after January 1, 2016, a prepaid MTS surcharge shall be imposed on each prepaid consumer and shall be collected by a seller from each prepaid consumer at the time of each retail transaction in this state. The prepaid MTS surcharge shall be imposed as a percentage of the sales price of each retail transaction that occurs in this state. (2) The prepaid MTS surcharge shall be in lieu of any charges imposed pursuant to the Emergency Telephone Users Surcharge Act (Part 20 (commencing with Section 41001)) and the Public Utilities Commission surcharges for prepaid mobile telephony services. (b) The prepaid MTS surcharge shall be annually calculated by the board by no later than November 1 of each year commencing November 1, 2015, by adding the following: (1) The surcharge rate reported pursuant to subdivision (d) of Section 41030. (2) The Public Utilities Commission’s reimbursement fee and telecommunications universal service surcharges, established by the Public Utilities Commission pursuant to subdivisions (a) and (b) and (c) of Section 319 of the Public Utilities Code. (c) (1) The board shall post, for each local jurisdiction, the combined total of the rates of prepaid MTS surcharge and the rate or rates of local charges, as calculated pursuant to Sections 42102 and 42102.5, that each local jurisdiction has adopted, not later than December 1 of each year, on its Internet Web site. The posted combined rate shall be the rate that applies to all retail transactions during the calendar year beginning April 1 following the posting. (2) Notwithstanding paragraph (1), if a local agency notifies the board pursuant to subdivision (d) of Section 42101.5 that the posted rate is inaccurate or it no longer imposes a local charge or local charges or that the rate of its local charge or local charges has decreased, the board shall promptly post a recalculated rate that is applicable to the jurisdiction of that local agency. The change shall become operative on the first day of the calendar quarter commencing more than 60 days from the date the local agency notifies the board of the inaccuracy or that it no longer imposes a local charge or that the rate of its local charge has decreased. Nothing in this section modifies the notice obligations of Section 799 of the Public Utilities Code. However, beginning January 1, 2016, the notification and implementation requirements of paragraphs (5) and (6) of subdivision (a) of Section 799 of the Public Utilities Code shall not apply to prepaid mobile telephony services. (3) The board shall also separately post on its Internet Web site the individual rates for each of the following: (A) Each of the Public Utilities Commission surcharges that make up the Public Utilities Commission surcharge portion of the prepaid MTS surcharge, as reported pursuant to Section 319 of the Public Utilities Code. (B) The percentage for the emergency telephone users surcharge reported pursuant to subdivision (c) (d) of Section 41030. (C) Each of the individual local charges reported pursuant to Section 42101.5. (4) A seller collecting the prepaid MTS surcharge and local charges pursuant to this part and Part 21.1 (commencing with Section 42100) may rely upon the accuracy of the information posted on the board’s Internet Web site in collecting and remitting all amounts of the prepaid MTS surcharge and local charges. (d) (1) Except for amounts retained pursuant to subdivision (e), and except as provided in subdivision (f) for a seller that is a direct seller, all amounts of the prepaid MTS surcharge and local charges collected by sellers shall be remitted to the board pursuant to Chapter 3 (commencing with Section 42020). (2) A seller that is authorized to provide lifeline service under the state lifeline program or federal lifeline program, that sells prepaid mobile telephony services directly to the prepaid customer, shall remit the prepaid MTS surcharge to the board, less any applicable exemption from the surcharge that is applicable to the retail transaction pursuant to Section 42012. (e) A seller that is not a direct seller shall be permitted to deduct and retain an amount equal to 2 percent of the amounts that are collected by the seller from prepaid consumers for the prepaid MTS surcharge and local charges, on a pro rata basis, according to that portion of the revenues collected by the seller for each of the following: (1) The emergency telephone users surcharge. (2) The Public Utilities Commission surcharges. (3) Local charges. (f) A direct seller shall remit the prepaid MTS surcharge and local charges as follows: (1) That portion of the prepaid MTS surcharge that consists of the Public Utilities Commission surcharges shall be remitted to the commission with those reports required by the commission. (2) That portion of the prepaid MTS surcharge that consists of the emergency telephone users surcharge shall be remitted to the board pursuant to the Emergency Telephone Users Surcharge Act (Part 20 (commencing with Section 41001)) for those retail transactions with a prepaid consumer in the state. (3) Local charges, if applicable, shall be remitted to the local jurisdiction or local agency imposing the local charge. Remittance of the local charges shall be separately identified from any other local taxes or other charges that are remitted to the local jurisdiction or local entity imposing the local tax or other charge. (g) A direct seller shall utilize the amounts posted by the board pursuant to subdivision (c) when determining what amounts to remit to the Public Utilities Commission, board, and each local jurisdiction or local agency. (h) A prepaid MTS provider shall offer prepaid consumers the option to make payment for additional prepaid usage directly to the prepaid MTS provider at the provider’s retail location or Internet Web site. (i) The amount of the combined prepaid MTS surcharge and local charges shall be separately stated on an invoice, receipt, or other similar document that is provided to the prepaid consumer of mobile telephony services by the seller, or otherwise disclosed electronically to the prepaid consumer, at the time of the retail transaction. (j) The prepaid MTS surcharge that is required to be collected by a seller and any amount unreturned to the prepaid consumer of mobile telephony services that is not owed as part of the surcharge, but was collected from the prepaid consumer under the representation by the seller that it was owed as part of the surcharge, constitute debts owed by the seller to this state. The local charge shall that is required to be collected by a seller, seller and any amount unreturned to the prepaid consumer of mobile telephony services that is not owed as part of the local charge charge, but that was collected from the prepaid consumer under the representation by the seller that it was owed as part of the local charge charge, constitutes a debt debts owed by the seller jointly to the state, for purposes of collection on behalf of, and payment to, the local jurisdiction and to the local jurisdiction imposing that local charge. (k) A seller that has collected any amount of prepaid MTS surcharge and local charges in excess of the amount of the surcharge imposed by this part and actually due from a prepaid consumer may refund that amount to the prepaid consumer, even though the surcharge amount has already been paid over to the board and no corresponding credit or refund has yet been secured. Any seller making a refund of any charge to a prepaid consumer may repay therewith the amount of the surcharge paid. (l) (1) Every prepaid consumer of mobile telephony services in this state is liable for the prepaid MTS surcharge and any local charges until they have been paid to this state, except that payment to a seller registered under this part relieves the prepaid consumer from further liability for the surcharge and local charges. Any surcharge collected from a prepaid consumer that has not been remitted to the board shall be a debt owed to the state by the person required to collect and remit the surcharge. Any local charge collected from a prepaid consumer that has not been remitted to the board shall be a debt owed jointly to the state, for purposes of collection on behalf of, and payment to, the local jurisdiction and to the local jurisdiction imposing the local charge by the person required to collect and remit the local charge. Nothing in this part shall impose any obligation upon a seller to take any legal action to enforce the collection of the surcharge or local charge imposed by this section. (2) A credit shall be allowed against, but shall not exceed, the prepaid MTS surcharge and local charges imposed on any prepaid consumer of mobile telephony services by this part to the extent that the prepaid consumer has paid emergency telephone users charges, state utility regulatory commission fees, state universal service charges, or local charges on the purchase to any other state, political subdivision thereof, or the District of Columbia. The credit shall be apportioned to the charges against which it is allowed in proportion to the amounts of those charges. (m) (1) A seller is relieved from liability to collect the prepaid MTS surcharge imposed by this part that became due and payable, insofar as the base upon which the surcharge is imposed is represented by accounts that have been found to be worthless and charged off for income tax purposes by the seller or, if the seller is not required to file income tax returns, charged off in accordance with generally accepted accounting principles. A seller that has previously paid the surcharge may, under rules and regulations prescribed by the board, take as a deduction on its return the amount found worthless and charged off by the seller. If any such accounts are thereafter in whole or in part collected by the seller, the amount so collected shall be included in the first return filed after such collection and the surcharge shall be paid with the return. (2) The board may by regulation promulgate such other rules with respect to uncollected or worthless accounts as it shall deem necessary to the fair and efficient administration of this part. SEC. 4. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to allow sufficient time to promulgate and adopt regulations necessary to implement the recently enacted Prepaid Mobile Telephony Services Surcharge Act (Part 21 (commencing with Section 42001) of Division 2 of the Revenue and Taxation Code) and Local Prepaid Mobile Telephony Services Collection Act (Part 21.1 (commencing with Section 42100) of Division 2 of the Revenue and Taxation Code), it is necessary that this act take effect immediately. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 27375 of the Vehicle Code is amended to read: 27375. (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: (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. (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. (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. (D) For modified limousines modified prior to July 1, 2015, the requirements of this paragraph shall apply on and after January 1, 2018. (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. (B) For modified limousines modified on or after July 1, 2015, at least one of these side doors shall be located near the driver’s compartment and another near the back of the vehicle. (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. (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. (c) An owner or operator of a limousine shall do all of the following: (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. (2) Disclose to the contracting party and the passengers whether the limousine meets the safety requirements described in this section. (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. (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. (2) Subdivision (a) shall apply to any limousine manufactured before 1970 if it was modified after August 15, 2013. SEC. 2. Section 34501 of the Vehicle Code is amended to read: 34501. (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. The 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. (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. (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. (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. (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. (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. (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. (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. (d) The commissioner shall adopt and enforce regulations which will make the public or private users of any bus aware of the operator’s last safety rating. (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. (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. SEC. 3. Section 34505.1 of the Vehicle Code is amended to read: 34505.1. (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’s 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’s operating authority be suspended, denied, or revoked, or to the United States Department of Transportation that appropriate administrative action be taken against the carrier’s 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’s 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’s failure presents an imminent danger to public safety or that it constitutes a consistent failure. The department need only conclude that the carrier’s 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. (b) Before transmitting a recommendation pursuant to subdivision (a), the department shall notify the carrier in writing of all of the following: (1) That the department has determined that the carrier’s safety record is unsatisfactory, furnishing a copy of any documentation or summary of any other evidence supporting the determination. (2) That the determination may result in a suspension, revocation, or denial of the carrier’s operating authority by the Public Utilities Commission or the United States Department of Transportation, as appropriate. (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). (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. SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

(1) Existing law, on and after January 1, 2017, requires any person operating a modified limousine that is modified prior to July 1, 2015, to ensure that the vehicle is equipped with one or 2 rear windows 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. This bill would extend the operative date of this requirement to January 1, 2018. (2) Existing law defines a tour bus to include any bus operated by or for a charter-party carrier of passengers or a passenger stage corporation, with a bus in this respect defined to mean any vehicle designed, used, or maintained for carrying more than 10 persons, including the driver. Existing law provides for the Department of the California Highway Patrol to regulate the safe operation of various classes of vehicles, including tour buses. A violation of various statutes and regulations governing tour buses and operators of tour buses is a crime. Existing law also requires the department, at least once every 13 months, to inspect every maintenance facility or terminal of any person who at any time operates any bus. Existing law requires that if the bus operation includes more than 100 buses, the inspection shall be without prior notice. This bill would require the department, if a tour bus has received an unsatisfactory compliance rating, to conduct a followup inspection between 30 and 90 days after the initial inspection during which the unsatisfactory rating was received. The bill would require the department to order a tour bus out of service 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 bill would prohibit the tour bus from being 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. By creating a new crime, the bill would impose a state-mandated local program. (3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 27375 of the Vehicle Code is amended to read: 27375. (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: (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. (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. (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. (D) For modified limousines modified prior to July 1, 2015, the requirements of this paragraph shall apply on and after January 1, 2018. (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. (B) For modified limousines modified on or after July 1, 2015, at least one of these side doors shall be located near the driver’s compartment and another near the back of the vehicle. (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. (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. (c) An owner or operator of a limousine shall do all of the following: (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. (2) Disclose to the contracting party and the passengers whether the limousine meets the safety requirements described in this section. (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. (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. (2) Subdivision (a) shall apply to any limousine manufactured before 1970 if it was modified after August 15, 2013. SEC. 2. Section 34501 of the Vehicle Code is amended to read: 34501. (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. The 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. (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. (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. (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. (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. (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. (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. (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. (d) The commissioner shall adopt and enforce regulations which will make the public or private users of any bus aware of the operator’s last safety rating. (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. (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. SEC. 3. Section 34505.1 of the Vehicle Code is amended to read: 34505.1. (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’s 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’s operating authority be suspended, denied, or revoked, or to the United States Department of Transportation that appropriate administrative action be taken against the carrier’s 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’s 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’s failure presents an imminent danger to public safety or that it constitutes a consistent failure. The department need only conclude that the carrier’s 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. (b) Before transmitting a recommendation pursuant to subdivision (a), the department shall notify the carrier in writing of all of the following: (1) That the department has determined that the carrier’s safety record is unsatisfactory, furnishing a copy of any documentation or summary of any other evidence supporting the determination. (2) That the determination may result in a suspension, revocation, or denial of the carrier’s operating authority by the Public Utilities Commission or the United States Department of Transportation, as appropriate. (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). (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. SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Chapter 3.3 (commencing with Section 365) is added to Division 1 of the Water Code, to read: CHAPTER 3.3. Excessive Residential Water Use During Drought 365. (a) The Legislature finds and declares that this chapter furthers important state policies of encouraging water conservation and protecting water resources in the interest of the people and for the public welfare. (b) For the purposes of this chapter, “urban retail water supplier” has the same meaning as provided in Section 10608.12. 366. (a) During periods described in subdivision (a) of Section 367, excessive water use is prohibited by a residential customer in a single-family residence or by a customer in a multiunit housing complex in which each unit is individually metered or submetered by the urban retail water supplier. (b) Each urban retail water supplier shall establish a method to identify and discourage excessive water use, through one of the following options: (1) Establishing a rate structure, subject to applicable constitutional and statutory limitations, that includes block tiers, water budgets, or rate surcharges over and above base rates for excessive water use by a residential water customer. (2) (A) Establishing an excessive water use ordinance, rule, or tariff condition, or amending an existing ordinance, rule, or tariff condition, that includes a definition of or a procedure to identify and address excessive water use by metered single-family residential customers and customers in multiunit housing complexes in which each unit is individually metered or submetered and may include a process to issue written warnings to a customer and perform a site audit of customer water usage prior to deeming the customer in violation. (B) For the purposes of subparagraph (A), excessive water use shall be measured in terms of either gallons or hundreds of cubic feet of water used during the urban retail water supplier’s regular billing cycle. In establishing the definition of excessive use, the urban retail water supplier may consider factors that include, but are not limited to, all of the following: (i) Average daily use. (ii) Full-time occupancy of households. (iii) Amount of landscaped land on a property. (iv) Rate of evapotranspiration. (v) Seasonal weather changes. (C) (i) A violation of an excessive use ordinance, rule, or tariff condition established pursuant to subparagraph (A) shall result in an infraction or administrative civil penalty. The penalty for a violation may be based on conditions identified by the urban retail water supplier and may include, but is not limited to, a fine of up to five hundred dollars ($500) for each hundred cubic feet of water, or 748 gallons, used above the excessive water use threshold established by the urban retail water supplier in a billing cycle. (ii) Any fine imposed pursuant to this subparagraph shall be added to the customer’s water bill and is due and payable with that water bill. (iii) Each urban retail water supplier shall have a process for nonpayment of the fine, which shall be consistent with due process and reasonably similar to the water supplier’s existing process for nonpayment of a water bill. (D) (i) Consistent with due process, an urban retail water supplier shall establish a process and conditions for the appeal of a fine imposed pursuant to subparagraph (C) whereby the customer may contest the imposition of the fine for excessive water use. (ii) As part of the appeal process, the customer shall be provided with an opportunity to provide evidence that there was no excessive water use or of a bona fide reason for the excessive water use, including evidence of a water leak, a medical reason, or any other reasonable justification for the water use, as determined by the urban retail water supplier. (iii) As part of the appeal process, the urban retail water supplier shall provide documentation demonstrating the excessive water usage. (c) (1) The provisions of subdivision (b) do not apply to an urban retail water supplier that is not fully metered in accordance with Section 527. An urban retail water supplier shall comply with the provisions of subdivision (b) when all of the water supplier’s residential water service connections are being billed based on metered water usage. (2) An urban retail water supplier that is not fully metered shall prohibit water use practices by an ordinance, resolution, rule, or tariff condition that imposes penalties for prohibited uses of water supplied by the water supplier. The urban retail water supplier may include a process to issue written warnings prior to imposing penalties as well as increased penalty amounts for successive violations. 367. (a) This chapter applies only as follows: (1) During a period for which the Governor has issued a proclamation of a state of emergency under the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code) based on statewide drought conditions to an urban retail water supplier that has moved to a stage of action in response to a local water supply shortage condition under the water supplier’s contingency plan pursuant to paragraph (1) of subdivision (a) of Section 10632 that requires mandatory water use reductions. (2) To an urban retail water supplier during a period in which the water supplier has moved to a stage of action in response to a local water supply shortage condition under the water supplier’s contingency plan pursuant to paragraph (1) of subdivision (a) of Section 10632 that requires mandatory water use reductions. (3) To an urban retail water supplier affected during a period for which the Governor has issued a proclamation of a state of emergency under the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code) based on local drought conditions. (b) The provisions of this chapter are in addition to, and do not supersede or limit, any other measures or remedies implemented by an urban retail water supplier. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

The California Constitution declares the policy that the water resources of the state be put to beneficial use to the fullest extent of which they are capable, that the waste or unreasonable use or unreasonable method of use of water be prevented, and that the conservation of such waters is to be exercised with a view to the reasonable and beneficial use of the waters in the interest of the people and for the public welfare. Existing law requires the Department of Water Resources and the State Water Resources Control Board to take all appropriate proceedings or actions to prevent waste, unreasonable use, unreasonable method of use, or unreasonable method of diversion of water in this state. Existing law authorizes any public entity, as defined, that supplies water at retail or wholesale for the benefit of persons within the service area or area of jurisdiction of the public entity to, by ordinance or resolution, adopt and enforce a water conservation program to reduce the quantity of water used for the purpose of conserving the water supplies of the public entity. Existing law provides that a violation of a requirement of a water conservation program is a misdemeanor punishable by imprisonment in a county jail for not more than 30 days, or by a fine not exceeding $1,000, or both. This bill would declare that during prescribed periods excessive water use by a residential customer in a single-family residence or by a customer in a multiunit housing complex, as specified, is prohibited. This bill, during prescribed periods, would require each urban retail water supplier to establish a method to identify and discourage excessive water use. This bill would authorize as a method to identify and discourage excessive water use the establishment of a rate structure that includes block tiers, water budgets, or rate surcharges over and above base rates for excessive water use by residential customers. This bill would authorize as a method to identify and discourage excessive water use the establishment of an excessive water use ordinance, rule, or tariff condition that includes a definition of or procedure to identify and address excessive water use, as prescribed, and would make a violation of this excessive water use ordinance, rule, or tariff condition an infraction or administrative civil penalty and would authorize the penalty for a violation to be based on conditions identified by the urban retail water supplier. By creating a new infraction, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Chapter 3.3 (commencing with Section 365) is added to Division 1 of the Water Code, to read: CHAPTER 3.3. Excessive Residential Water Use During Drought 365. (a) The Legislature finds and declares that this chapter furthers important state policies of encouraging water conservation and protecting water resources in the interest of the people and for the public welfare. (b) For the purposes of this chapter, “urban retail water supplier” has the same meaning as provided in Section 10608.12. 366. (a) During periods described in subdivision (a) of Section 367, excessive water use is prohibited by a residential customer in a single-family residence or by a customer in a multiunit housing complex in which each unit is individually metered or submetered by the urban retail water supplier. (b) Each urban retail water supplier shall establish a method to identify and discourage excessive water use, through one of the following options: (1) Establishing a rate structure, subject to applicable constitutional and statutory limitations, that includes block tiers, water budgets, or rate surcharges over and above base rates for excessive water use by a residential water customer. (2) (A) Establishing an excessive water use ordinance, rule, or tariff condition, or amending an existing ordinance, rule, or tariff condition, that includes a definition of or a procedure to identify and address excessive water use by metered single-family residential customers and customers in multiunit housing complexes in which each unit is individually metered or submetered and may include a process to issue written warnings to a customer and perform a site audit of customer water usage prior to deeming the customer in violation. (B) For the purposes of subparagraph (A), excessive water use shall be measured in terms of either gallons or hundreds of cubic feet of water used during the urban retail water supplier’s regular billing cycle. In establishing the definition of excessive use, the urban retail water supplier may consider factors that include, but are not limited to, all of the following: (i) Average daily use. (ii) Full-time occupancy of households. (iii) Amount of landscaped land on a property. (iv) Rate of evapotranspiration. (v) Seasonal weather changes. (C) (i) A violation of an excessive use ordinance, rule, or tariff condition established pursuant to subparagraph (A) shall result in an infraction or administrative civil penalty. The penalty for a violation may be based on conditions identified by the urban retail water supplier and may include, but is not limited to, a fine of up to five hundred dollars ($500) for each hundred cubic feet of water, or 748 gallons, used above the excessive water use threshold established by the urban retail water supplier in a billing cycle. (ii) Any fine imposed pursuant to this subparagraph shall be added to the customer’s water bill and is due and payable with that water bill. (iii) Each urban retail water supplier shall have a process for nonpayment of the fine, which shall be consistent with due process and reasonably similar to the water supplier’s existing process for nonpayment of a water bill. (D) (i) Consistent with due process, an urban retail water supplier shall establish a process and conditions for the appeal of a fine imposed pursuant to subparagraph (C) whereby the customer may contest the imposition of the fine for excessive water use. (ii) As part of the appeal process, the customer shall be provided with an opportunity to provide evidence that there was no excessive water use or of a bona fide reason for the excessive water use, including evidence of a water leak, a medical reason, or any other reasonable justification for the water use, as determined by the urban retail water supplier. (iii) As part of the appeal process, the urban retail water supplier shall provide documentation demonstrating the excessive water usage. (c) (1) The provisions of subdivision (b) do not apply to an urban retail water supplier that is not fully metered in accordance with Section 527. An urban retail water supplier shall comply with the provisions of subdivision (b) when all of the water supplier’s residential water service connections are being billed based on metered water usage. (2) An urban retail water supplier that is not fully metered shall prohibit water use practices by an ordinance, resolution, rule, or tariff condition that imposes penalties for prohibited uses of water supplied by the water supplier. The urban retail water supplier may include a process to issue written warnings prior to imposing penalties as well as increased penalty amounts for successive violations. 367. (a) This chapter applies only as follows: (1) During a period for which the Governor has issued a proclamation of a state of emergency under the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code) based on statewide drought conditions to an urban retail water supplier that has moved to a stage of action in response to a local water supply shortage condition under the water supplier’s contingency plan pursuant to paragraph (1) of subdivision (a) of Section 10632 that requires mandatory water use reductions. (2) To an urban retail water supplier during a period in which the water supplier has moved to a stage of action in response to a local water supply shortage condition under the water supplier’s contingency plan pursuant to paragraph (1) of subdivision (a) of Section 10632 that requires mandatory water use reductions. (3) To an urban retail water supplier affected during a period for which the Governor has issued a proclamation of a state of emergency under the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code) based on local drought conditions. (b) The provisions of this chapter are in addition to, and do not supersede or limit, any other measures or remedies implemented by an urban retail water supplier. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. On 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). SECTION 1. Section 15626 of the Government Code is amended to read: 15626. (a)This section shall be known, and may be cited, as the Quentin L. Kopp Conflict of Interest Act of 1990. (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. (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. (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. (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. (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. (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. (h)For purposes of this section: (1)“Contribution” has the same meaning prescribed in Section 82015 and the regulations adopted pursuant to that section. (2)“Party” means any person who is the subject of an adjudicatory proceeding pending before the board. (3)“Participant” 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. (4)“Agent” 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. (5)“Adjudicatory proceeding pending before the board” 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. (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’s 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. The 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. In addition, the staff shall inquire and report on the record as follows: (A)Whether any party or participant is a close corporation, and if so, the name of its majority shareholder. (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. (i)(1)Any person who knowingly or willfully violates any provision of this section is guilty of a misdemeanor. (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. (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. (4)Prosecution for violation of this section shall be commenced within four years after the date on which the violation occurred. (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’s participation is legally required for the action or decision to be made. However, the fact that a member’s vote is needed to break a tie does not make the member’s participation legally required. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

The Quentin L. Kopp Conflict of Interest Act of 1990 requires a member of the State Board of Equalization who has received a contribution or contributions within the preceding 12 months in an aggregate amount of $250 or more from a party or his or her agent, or from any participant or his or her agent, to, prior to rendering any decision in any adjudicatory proceeding pending before the board, disclose that fact on the record of the proceeding. A member is prohibited from making, participating in making, or in any way attempting to use his or her official position to influence, the decision in an adjudicatory proceeding pending before the board if the member 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 $250 or more from a party to the proceeding, or his or her agent, or from a participant in the proceeding or his or her agent, and the member knows or has reason to know that the participant has a financial interest in the decision. The act also requires a party to, or a participant in, an adjudicatory proceeding pending before the board to disclose on the record of the proceeding any contribution or contributions in an aggregate amount of $250 or more made within the preceding 12 months by the party or participant, or his or her agent, to any member of the board. A person who knowingly or willfully violates any provision of the act is guilty of a misdemeanor. This bill would reduce the $250 contribution limitation to $100, applying the above-described disclosure and disqualification provisions if a board member receives a contribution in the amount of $100, or more from a party, agent, or participant, as provided. By extending the application of the criminal sanctions of the Quentin L. Kopp Conflict of Interest Act of 1990, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. This bill would require the board, on or before January 1, 2018, to 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 from $250 to $100.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. On 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). SECTION 1. Section 15626 of the Government Code is amended to read: 15626. (a)This section shall be known, and may be cited, as the Quentin L. Kopp Conflict of Interest Act of 1990. (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. (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. (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. (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. (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. (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. (h)For purposes of this section: (1)“Contribution” has the same meaning prescribed in Section 82015 and the regulations adopted pursuant to that section. (2)“Party” means any person who is the subject of an adjudicatory proceeding pending before the board. (3)“Participant” 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. (4)“Agent” 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. (5)“Adjudicatory proceeding pending before the board” 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. (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’s 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. The 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. In addition, the staff shall inquire and report on the record as follows: (A)Whether any party or participant is a close corporation, and if so, the name of its majority shareholder. (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. (i)(1)Any person who knowingly or willfully violates any provision of this section is guilty of a misdemeanor. (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. (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. (4)Prosecution for violation of this section shall be commenced within four years after the date on which the violation occurred. (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’s participation is legally required for the action or decision to be made. However, the fact that a member’s vote is needed to break a tie does not make the member’s participation legally required. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 236.14 is added to the Penal Code, to read: 236.14. (a) If a person was arrested for or convicted of any nonviolent offense committed while he or she was a victim of human trafficking, including, but not limited to, prostitution as described in subdivision (b) of Section 647, the person may petition the court for vacatur relief of his or her convictions and arrests under th">(e) The court may, with the agreement of the petitioner and all of the involved state or local prosecutorial agencies, consolidate into one hearing a petition with multiple convictions from different jurisdictions. (f) If the petition is opposed or if the court otherwise deems it necessary, the court shall schedule a hearing on the petition. The hearing may consist of the following: (1) Testimony by the petitioner, which may be required in support of the petition. (2) Evidence and supporting documentation in support of the petition. (3) Opposition evidence presented by any of the involved state or local prosecutorial agencies that obtained the conviction. (g) After considering the totality of the evidence presented, the court may vacate the conviction and expunge the arrests and issue an order if it finds all of the following: (1) That the petitioner was a victim of human trafficking at the time the nonviolent crime was committed. (2) The commission of the crime was a direct result of being a victim of human trafficking. (3) The victim is engaged in a good faith effort to distance himself or herself from the human trafficking scheme. (4) It is in the best interest of the petitioner and in the interests of justice. (h) In issuing an order of vacatur for the convictions, an order shall do the following: (1) Set forth a finding that the petitioner was a victim of human trafficking when he or she committed the offense. (2) Set aside the verdict of guilty or the adjudication and dismiss the accusation or information against the petitioner. (3) Notify the Department of Justice that the petitioner was a victim of human trafficking when he or she committed the crime and of the relief that has been ordered. (i) Notwithstanding this section, a petitioner shall not be relieved of any financial restitution order that directly benefits the victim of a nonviolent crime, unless it has already been paid. (j) A person who was arrested as, or found to be, a person described in Section 602 of the Welfare and Institutions Code because he or she committed a nonviolent offense while he or she was a victim of human trafficking, including, but not limited to, prostitution, as described in subdivision (b) of Section 647, may petition the court for relief under this section. If the petitioner establishes that the arrest or adjudication was the direct result of being a victim of human trafficking the petitioner is entitled to a rebuttable presumption that the requirements for relief have been met. (k) If the court issues an order as described in subdivision (a) or (j), the court shall also order the law enforcement agency having jurisdiction over the offense, the Department of Justice, and any law enforcement agency that arrested the petitioner or participated in the arrest of the petitioner to seal their records of the arrest and the court order to seal and destroy the records for three years from the date of the arrest, or within one year after the court order is granted, whichever occurs later, and thereafter to destroy their records of the arrest and the court order to seal and destroy those records. The court shall provide the petitioner a copy of any court order concerning the destruction of the arrest records. (l) A petition pursuant to this section shall be made and heard within a reasonable time after the person has ceased to be a victim of human trafficking, or within a reasonable time after the petitioner has sought services for being a victim of human trafficking, whichever occurs later, subject to reasonable concerns for the safety of the petitioner, family members of the petitioner, or other victims of human trafficking who may be jeopardized by the bringing of the application or for other reasons consistent with the purposes of this section. (m) For the purposes of this section, official documentation of a petitioner’s status as a victim of human trafficking may be introduced as evidence that his or her participation in the offense was the result of his or her status as a victim of human trafficking. For the purposes of this subdivision, “official documentation” means any documentation issued by a federal, state, or local agency that tends to show the petitioner’s status as a victim of human trafficking. Official documentation shall not be required for the issuance of an order described in subdivision (a). (n) A petitioner, or his or her attorney, may be excused from appearing in person at a hearing for relief pursuant to this section only if the court finds a compelling reason why the petitioner cannot attend the hearing, in which case the petitioner may appear telephonically, via videoconference, or by other electronic means established by the court. (o) Notwithstanding any other law, a petitioner who has obtained an order pursuant to this section may lawfully deny or refuse to acknowledge an arrest, conviction, or adjudication that is set aside pursuant to the order. (p) Notwithstanding any other law, the records of the arrest, conviction, or adjudication shall not be distributed to any state licensing board. (q) The record of a proceeding related to a petition pursuant to this section that is accessible by the public shall not disclose the petitioner’s full name. (r) A court that grants relief pursuant to this section may take additional action as appropriate under the circumstances to carry out the purposes of this section. (s) If the court denies the application because the evidence is insufficient to establish grounds for vacatur, the denial may be without prejudice. The court may state the reasons for its denial in writing or on the record that is memorialized by transcription, audio tape, or video tape, and if those reasons are based on curable deficiencies in the application, allow the applicant a reasonable time period to cure the deficiencies upon which the court based the denial. (t) For the purposes of this section, the following terms apply: (1) “Nonviolent offense” means any offense not listed in subdivision (c) of Section 667.5. (2) “Vacate” means that the arrest and any adjudications or convictions suffered by the petitioner are deemed not to have occurred and that all records in the case are sealed and destroyed pursuant to this section. The court shall provide the petitioner with a copy of the orders described in subdivisions (a), (j), and (k), as applicable, and inform the petitioner that he or she may thereafter state that he or she was not arrested for the charge, or adjudicated or convicted of the charge, that was vacated. (3) “Victim of human trafficking” means the victim of a crime described in subdivisions (a), (b), and (c) of Section 236.1. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. SEC. 3. The Legislature finds and declares that Section 1 of this act, which adds Section 236.14 to the Penal Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest: In order to protect the privacy of victims of human trafficking and to improve their opportunities for recovery, it is necessary that this act limit the public’s right of access to the full name of a petitioner who seeks relief from an arrest or conviction for an offense in which the petitioner participated as a result of his or her status as a victim of human trafficking.

Existing law defines and proscribes the crimes of human trafficking, solicitation, and prostitution. Existing law provides that if a defendant has been convicted of solicitation or prostitution and has completed any term of probation for that conviction, the defendant may petition the court for relief if the defendant can establish by clear and convincing evidence that the conviction was the result of his or her status as a victim of human trafficking. Existing law authorizes a court to issue an order that (1) sets forth a finding that the defendant was a victim of human trafficking, as specified, (2) dismisses the accusation or information against the defendant, or orders other relief, and (3) notifies the Department of Justice that the defendant was a victim of human trafficking when he or she committed the crime and the relief that has been ordered. Existing law authorizes a person who was adjudicated a ward of the juvenile court for solicitation or prostitution to, upon reaching 18 years of age, petition the court to have his or her record sealed, as specified. This bill would establish a separate petition process for a person who has been arrested for, convicted of, or adjudicated a ward of the juvenile court for, committing a nonviolent offense, as defined, while he or she was a victim of human trafficking. The bill would require the petitioner to establish that the arrest, conviction, or adjudication was the direct result of being a victim of human trafficking in order to obtain relief. The bill would require the petition for relief to be submitted under penalty of perjury, thereby expanding the scope of a crime. The bill would authorize the court, upon making specified findings, to vacate the conviction or adjudication and issue an order that provides the relief described above and also provides for the sealing and destruction of the petitioner’s arrest and court records, as specified. The bill would require that the petition be made within a reasonable time after the person has ceased to be a victim of human trafficking, or within a reasonable time after the person has sought services for being a victim of human trafficking, whichever is later. The bill would provide that official documentation, as defined, of a petitioner’s status as a victim of human trafficking may be introduced as evidence that his or her participation in the offense was the result of the petitioner’s status as a victim of human trafficking. The bill would provide that a petitioner or his or her attorney is not required to appear in person at a hearing for the relief described above if the court finds a compelling reason why the petitioner cannot attend the hearing and may appear via alternate specified methods. The bill would prohibit the disclosure of the full name of a petitioner in the record of a proceeding related to his or her petition that is accessible by the public. The bill would authorize a petitioner who has obtained the relief described above to lawfully deny or refuse to acknowledge an arrest, conviction, or adjudication that is set aside pursuant to that relief. By expanding the scope of a crime and increasing the number of records local agencies would be required to seal and destroy, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 236.14 is added to the Penal Code, to read: 236.14. (a) If a person was arrested for or convicted of any nonviolent offense committed while he or she was a victim of human trafficking, including, but not limited to, prostitution as described in subdivision (b) of Section 647, the person may petition the court for vacatur relief of his or her convictions and arrests under th">(e) The court may, with the agreement of the petitioner and all of the involved state or local prosecutorial agencies, consolidate into one hearing a petition with multiple convictions from different jurisdictions. (f) If the petition is opposed or if the court otherwise deems it necessary, the court shall schedule a hearing on the petition. The hearing may consist of the following: (1) Testimony by the petitioner, which may be required in support of the petition. (2) Evidence and supporting documentation in support of the petition. (3) Opposition evidence presented by any of the involved state or local prosecutorial agencies that obtained the conviction. (g) After considering the totality of the evidence presented, the court may vacate the conviction and expunge the arrests and issue an order if it finds all of the following: (1) That the petitioner was a victim of human trafficking at the time the nonviolent crime was committed. (2) The commission of the crime was a direct result of being a victim of human trafficking. (3) The victim is engaged in a good faith effort to distance himself or herself from the human trafficking scheme. (4) It is in the best interest of the petitioner and in the interests of justice. (h) In issuing an order of vacatur for the convictions, an order shall do the following: (1) Set forth a finding that the petitioner was a victim of human trafficking when he or she committed the offense. (2) Set aside the verdict of guilty or the adjudication and dismiss the accusation or information against the petitioner. (3) Notify the Department of Justice that the petitioner was a victim of human trafficking when he or she committed the crime and of the relief that has been ordered. (i) Notwithstanding this section, a petitioner shall not be relieved of any financial restitution order that directly benefits the victim of a nonviolent crime, unless it has already been paid. (j) A person who was arrested as, or found to be, a person described in Section 602 of the Welfare and Institutions Code because he or she committed a nonviolent offense while he or she was a victim of human trafficking, including, but not limited to, prostitution, as described in subdivision (b) of Section 647, may petition the court for relief under this section. If the petitioner establishes that the arrest or adjudication was the direct result of being a victim of human trafficking the petitioner is entitled to a rebuttable presumption that the requirements for relief have been met. (k) If the court issues an order as described in subdivision (a) or (j), the court shall also order the law enforcement agency having jurisdiction over the offense, the Department of Justice, and any law enforcement agency that arrested the petitioner or participated in the arrest of the petitioner to seal their records of the arrest and the court order to seal and destroy the records for three years from the date of the arrest, or within one year after the court order is granted, whichever occurs later, and thereafter to destroy their records of the arrest and the court order to seal and destroy those records. The court shall provide the petitioner a copy of any court order concerning the destruction of the arrest records. (l) A petition pursuant to this section shall be made and heard within a reasonable time after the person has ceased to be a victim of human trafficking, or within a reasonable time after the petitioner has sought services for being a victim of human trafficking, whichever occurs later, subject to reasonable concerns for the safety of the petitioner, family members of the petitioner, or other victims of human trafficking who may be jeopardized by the bringing of the application or for other reasons consistent with the purposes of this section. (m) For the purposes of this section, official documentation of a petitioner’s status as a victim of human trafficking may be introduced as evidence that his or her participation in the offense was the result of his or her status as a victim of human trafficking. For the purposes of this subdivision, “official documentation” means any documentation issued by a federal, state, or local agency that tends to show the petitioner’s status as a victim of human trafficking. Official documentation shall not be required for the issuance of an order described in subdivision (a). (n) A petitioner, or his or her attorney, may be excused from appearing in person at a hearing for relief pursuant to this section only if the court finds a compelling reason why the petitioner cannot attend the hearing, in which case the petitioner may appear telephonically, via videoconference, or by other electronic means established by the court. (o) Notwithstanding any other law, a petitioner who has obtained an order pursuant to this section may lawfully deny or refuse to acknowledge an arrest, conviction, or adjudication that is set aside pursuant to the order. (p) Notwithstanding any other law, the records of the arrest, conviction, or adjudication shall not be distributed to any state licensing board. (q) The record of a proceeding related to a petition pursuant to this section that is accessible by the public shall not disclose the petitioner’s full name. (r) A court that grants relief pursuant to this section may take additional action as appropriate under the circumstances to carry out the purposes of this section. (s) If the court denies the application because the evidence is insufficient to establish grounds for vacatur, the denial may be without prejudice. The court may state the reasons for its denial in writing or on the record that is memorialized by transcription, audio tape, or video tape, and if those reasons are based on curable deficiencies in the application, allow the applicant a reasonable time period to cure the deficiencies upon which the court based the denial. (t) For the purposes of this section, the following terms apply: (1) “Nonviolent offense” means any offense not listed in subdivision (c) of Section 667.5. (2) “Vacate” means that the arrest and any adjudications or convictions suffered by the petitioner are deemed not to have occurred and that all records in the case are sealed and destroyed pursuant to this section. The court shall provide the petitioner with a copy of the orders described in subdivisions (a), (j), and (k), as applicable, and inform the petitioner that he or she may thereafter state that he or she was not arrested for the charge, or adjudicated or convicted of the charge, that was vacated. (3) “Victim of human trafficking” means the victim of a crime described in subdivisions (a), (b), and (c) of Section 236.1. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. SEC. 3. The Legislature finds and declares that Section 1 of this act, which adds Section 236.14 to the Penal Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest: In order to protect the privacy of victims of human trafficking and to improve their opportunities for recovery, it is necessary that this act limit the public’s right of access to the full name of a petitioner who seeks relief from an arrest or conviction for an offense in which the petitioner participated as a result of his or her status as a victim of human trafficking. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 75230 of the Public Resources Code is amended to read: 75230. (a) The Low Carbon Transit Operations Program is hereby created to provide operating and capital assistance for transit agencies to reduce greenhouse gas emissions and improve mobility, with a priority on serving disadvantaged communities. (b) Funding for the program is continuously appropriated pursuant to Section 39719 of the Health and Safety Code from the Greenhouse Gas Reduction Fund established pursuant to Section 16428.8 of the Government Code. (c) Funding shall be allocated by the Controller on a formula basis 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 recipient transit agency meet the requirements of this part and guidelines developed pursuant to this section, and that the amount of funding requested is currently available. (d) A recipient transit agency shall demonstrate that each expenditure of program moneys allocated to the agency reduces greenhouse gas emissions. (e) A recipient transit agency shall demonstrate that each expenditure of program moneys does not supplant another source of funds. (f) Moneys for the program shall be expended to provide transit operating or capital assistance that meets any of the following: (1) Expenditures that directly enhance or expand transit service by 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. (2) Operational expenditures that increase transit mode share. (3) Expenditures related to the purchase of zero-emission buses, including electric buses, and the installation of the necessary equipment and infrastructure to operate and support these zero-emission buses. (g) For recipient 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 the requirements of subdivisions (d), (e), and (f) and benefit the disadvantaged communities, as identified consistent with the guidance developed by the State Air Resources Board pursuant to Section 39715. (h) 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), (e), (f), and (g) and establish the reporting requirements for documenting ongoing compliance with those criteria. (i) 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. (j) A recipient transit agency shall submit the following information to the Department of Transportation before seeking a disbursement of funds pursuant to this part: (1) A list of proposed expense types for anticipated funding levels. (2) The documentation required by the guidelines developed pursuant to this section to demonstrate compliance with subdivisions (d), (e), (f), and (g). (k) For capital projects, the recipient transit agency shall also do all of the following: (1) Specify the phases of work for which the agency is seeking an allocation of moneys from the program. (2) Identify the sources and timing of all moneys required to undertake and complete any phase of a project for which the recipient agency is seeking an allocation of moneys from the program. (3) Describe intended sources and timing of funding to complete any subsequent phases of the project, through construction or procurement. (l) A recipient transit agency that has used program moneys for any type of operational assistance allowed by subdivision (f) in a previous fiscal year may use program moneys to continue the same service or program in any subsequent fiscal year if the agency can demonstrate that reductions in greenhouse gas emissions can be realized. (m) Before authorizing the disbursement of funds, the Department of Transportation, in coordination with the State Air Resources Board, shall determine the eligibility, in whole or in part, of the proposed list of expense types, based on the documentation provided by the recipient transit agency to ensure ongoing compliance with the guidelines developed pursuant to this section. (n) The Department of Transportation shall notify the Controller of approved expenditures for each recipient transit agency, and the amount of the allocation for each agency determined to be available at that time of approval. (o) A recipient transit agency that does not submit an expenditure for funding in a particular fiscal year may retain its funding share, and may accumulate and utilize that funding share in a subsequent fiscal year for a larger expenditure, including operating assistance. The recipient transit agency must first specify the number of fiscal years that it intends to retain its funding share and the expenditure for which the agency intends to use these moneys. A recipient transit agency may only retain its funding share for a maximum of four years. (p) A recipient transit agency may, in any particular fiscal year, loan or transfer its funding share to another recipient transit agency within the same region for any identified eligible expenditure under the program, including operating assistance, in accordance with procedures incorporated by the Department of Transportation in the guidelines developed pursuant to this section, which procedures shall be consistent with the requirement in subdivision (g). (q) A recipient transit agency may apply to the Department of Transportation to reassign any savings of surplus moneys allocated under this section to the agency for an expenditure that has been completed to another eligible expenditure under the program, including operating assistance. A recipient transit agency may also apply to the Department of Transportation to reassign to another eligible expenditure any moneys from the program previously allocated to the agency for an expenditure that the agency has determined is no longer a priority for the use of those moneys. (r) The recipient transit agency shall provide annual reports to the Department of Transportation, in the format and manner prescribed by the department, consistent with the internal administrative procedures for the use of the fund proceeds developed by the State Air Resources Board. (s) 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. (t) A recipient transit agency shall comply with all applicable legal requirements, including the requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000)), and civil rights and environmental justice obligations under state and federal law. Nothing in this section shall be construed to expand or extend the applicability of those laws to recipient transit agencies. (u) The audit of public transportation operator finances already required under the Transportation Development Act pursuant to Section 99245 of the Public Utilities Code shall be expanded to include verification of receipt and appropriate expenditure of moneys from the program. Each recipient transit agency receiving moneys from the program in a fiscal year for which an audit is conducted shall transmit a copy of the audit to the Department of Transportation, and the department shall make the audits available to the Legislature and the Controller for review on request. SEC. 2. Section 75231 is added to the Public Resources Code, to read: 75231. (a) A recipient transit agency under the program created pursuant to Section 75230 may apply to the Department of Transportation for a letter of no prejudice for any eligible expenditures under the program, including operating assistance, for which the department has authorized a disbursement of funds. If approved by the department, the letter of no prejudice shall allow the recipient transit agency to expend its own moneys for the expenditures and to be eligible for future reimbursement from moneys available for the program. (b) The amount expended under subdivision (a) shall be reimbursed by the state from moneys available for the program if all of the following conditions are met: (1) The expenditures for which the letter of no prejudice was requested have commenced, and any regional or local expenditures, if applicable, have been incurred. (2) The expenditures made by the recipient transit agency are eligible under the program. If expenditures made by the recipient transit agency are determined to be ineligible, the state has no obligation to reimburse those expenditures. (3) The recipient transit agency complies with all applicable legal requirements for the expenditures, including the requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000)), and civil rights and environmental justice obligations under state and federal law. Nothing in this section shall be construed to expand or extend the applicability of those laws to recipient transit agencies. (4) There are moneys in the Greenhouse Gas Reduction Fund designated for the program and from the recipient transit agency’s formula allocation share as determined pursuant to subparagraph (B) of paragraph (1) of subdivision (b) of Section 39719 of the Health and Safety Code that are sufficient to make the reimbursement payment. (c) The recipient transit agency and the Department of Transportation shall enter into an agreement governing reimbursement as described in this section. The timing and final amount of reimbursement shall be dependent on the terms of the agreement and the availability of moneys in the Greenhouse Gas Reduction Fund for the program. (d) The Department of Transportation, in consultation with recipient public transit agencies, may develop guidelines to implement this section.

Existing law requires all moneys, except for fines and penalties, collected by the State Air Resources Board from the auction or sale of allowances as part of a market-based compliance mechanism relative to reduction of greenhouse gas emissions to be deposited in the Greenhouse Gas Reduction Fund. Existing law continuously appropriates specified portions of the annual proceeds in the Greenhouse Gas Reduction Fund to various programs, including 5% for the Low Carbon Transit Operations Program, for expenditures to provide transit operating or capital assistance consistent with specified criteria. Existing law provides for distribution of available funds under the program by a specified formula to recipient transit agencies by the Controller, upon approval of the recipient transit agency’s proposed expenditures by the Department of Transportation. This bill would require a recipient transit agency to demonstrate that each expenditure of program moneys allocated to the agency does not supplant another source of funds. The bill would authorize a recipient transit agency that does not submit an expenditure for funding under the program in a particular fiscal year to retain its funding share for expenditure in a subsequent fiscal year for a maximum of 4 years. The bill would allow a recipient transit agency to loan or transfer its funding share in any particular fiscal year to another recipient transit agency within the same region, or to apply to the department to reassign, to other eligible expenditures under the program, any savings of surplus moneys from an approved and completed expenditure under the program or from an approved expenditure that is no longer a priority, as specified. The bill would also allow a recipient transit agency to apply to the department for a letter of no prejudice for any eligible expenditures under the program for which the department has authorized a disbursement of funds, and, if granted, would allow the recipient transit agency to expend its own moneys and to be eligible for future reimbursement from the program, under specified conditions. The bill would also require a recipient transit agency to provide additional information to the department to the extent funding is sought for capital projects.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 75230 of the Public Resources Code is amended to read: 75230. (a) The Low Carbon Transit Operations Program is hereby created to provide operating and capital assistance for transit agencies to reduce greenhouse gas emissions and improve mobility, with a priority on serving disadvantaged communities. (b) Funding for the program is continuously appropriated pursuant to Section 39719 of the Health and Safety Code from the Greenhouse Gas Reduction Fund established pursuant to Section 16428.8 of the Government Code. (c) Funding shall be allocated by the Controller on a formula basis 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 recipient transit agency meet the requirements of this part and guidelines developed pursuant to this section, and that the amount of funding requested is currently available. (d) A recipient transit agency shall demonstrate that each expenditure of program moneys allocated to the agency reduces greenhouse gas emissions. (e) A recipient transit agency shall demonstrate that each expenditure of program moneys does not supplant another source of funds. (f) Moneys for the program shall be expended to provide transit operating or capital assistance that meets any of the following: (1) Expenditures that directly enhance or expand transit service by 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. (2) Operational expenditures that increase transit mode share. (3) Expenditures related to the purchase of zero-emission buses, including electric buses, and the installation of the necessary equipment and infrastructure to operate and support these zero-emission buses. (g) For recipient 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 the requirements of subdivisions (d), (e), and (f) and benefit the disadvantaged communities, as identified consistent with the guidance developed by the State Air Resources Board pursuant to Section 39715. (h) 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), (e), (f), and (g) and establish the reporting requirements for documenting ongoing compliance with those criteria. (i) 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. (j) A recipient transit agency shall submit the following information to the Department of Transportation before seeking a disbursement of funds pursuant to this part: (1) A list of proposed expense types for anticipated funding levels. (2) The documentation required by the guidelines developed pursuant to this section to demonstrate compliance with subdivisions (d), (e), (f), and (g). (k) For capital projects, the recipient transit agency shall also do all of the following: (1) Specify the phases of work for which the agency is seeking an allocation of moneys from the program. (2) Identify the sources and timing of all moneys required to undertake and complete any phase of a project for which the recipient agency is seeking an allocation of moneys from the program. (3) Describe intended sources and timing of funding to complete any subsequent phases of the project, through construction or procurement. (l) A recipient transit agency that has used program moneys for any type of operational assistance allowed by subdivision (f) in a previous fiscal year may use program moneys to continue the same service or program in any subsequent fiscal year if the agency can demonstrate that reductions in greenhouse gas emissions can be realized. (m) Before authorizing the disbursement of funds, the Department of Transportation, in coordination with the State Air Resources Board, shall determine the eligibility, in whole or in part, of the proposed list of expense types, based on the documentation provided by the recipient transit agency to ensure ongoing compliance with the guidelines developed pursuant to this section. (n) The Department of Transportation shall notify the Controller of approved expenditures for each recipient transit agency, and the amount of the allocation for each agency determined to be available at that time of approval. (o) A recipient transit agency that does not submit an expenditure for funding in a particular fiscal year may retain its funding share, and may accumulate and utilize that funding share in a subsequent fiscal year for a larger expenditure, including operating assistance. The recipient transit agency must first specify the number of fiscal years that it intends to retain its funding share and the expenditure for which the agency intends to use these moneys. A recipient transit agency may only retain its funding share for a maximum of four years. (p) A recipient transit agency may, in any particular fiscal year, loan or transfer its funding share to another recipient transit agency within the same region for any identified eligible expenditure under the program, including operating assistance, in accordance with procedures incorporated by the Department of Transportation in the guidelines developed pursuant to this section, which procedures shall be consistent with the requirement in subdivision (g). (q) A recipient transit agency may apply to the Department of Transportation to reassign any savings of surplus moneys allocated under this section to the agency for an expenditure that has been completed to another eligible expenditure under the program, including operating assistance. A recipient transit agency may also apply to the Department of Transportation to reassign to another eligible expenditure any moneys from the program previously allocated to the agency for an expenditure that the agency has determined is no longer a priority for the use of those moneys. (r) The recipient transit agency shall provide annual reports to the Department of Transportation, in the format and manner prescribed by the department, consistent with the internal administrative procedures for the use of the fund proceeds developed by the State Air Resources Board. (s) 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. (t) A recipient transit agency shall comply with all applicable legal requirements, including the requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000)), and civil rights and environmental justice obligations under state and federal law. Nothing in this section shall be construed to expand or extend the applicability of those laws to recipient transit agencies. (u) The audit of public transportation operator finances already required under the Transportation Development Act pursuant to Section 99245 of the Public Utilities Code shall be expanded to include verification of receipt and appropriate expenditure of moneys from the program. Each recipient transit agency receiving moneys from the program in a fiscal year for which an audit is conducted shall transmit a copy of the audit to the Department of Transportation, and the department shall make the audits available to the Legislature and the Controller for review on request. SEC. 2. Section 75231 is added to the Public Resources Code, to read: 75231. (a) A recipient transit agency under the program created pursuant to Section 75230 may apply to the Department of Transportation for a letter of no prejudice for any eligible expenditures under the program, including operating assistance, for which the department has authorized a disbursement of funds. If approved by the department, the letter of no prejudice shall allow the recipient transit agency to expend its own moneys for the expenditures and to be eligible for future reimbursement from moneys available for the program. (b) The amount expended under subdivision (a) shall be reimbursed by the state from moneys available for the program if all of the following conditions are met: (1) The expenditures for which the letter of no prejudice was requested have commenced, and any regional or local expenditures, if applicable, have been incurred. (2) The expenditures made by the recipient transit agency are eligible under the program. If expenditures made by the recipient transit agency are determined to be ineligible, the state has no obligation to reimburse those expenditures. (3) The recipient transit agency complies with all applicable legal requirements for the expenditures, including the requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000)), and civil rights and environmental justice obligations under state and federal law. Nothing in this section shall be construed to expand or extend the applicability of those laws to recipient transit agencies. (4) There are moneys in the Greenhouse Gas Reduction Fund designated for the program and from the recipient transit agency’s formula allocation share as determined pursuant to subparagraph (B) of paragraph (1) of subdivision (b) of Section 39719 of the Health and Safety Code that are sufficient to make the reimbursement payment. (c) The recipient transit agency and the Department of Transportation shall enter into an agreement governing reimbursement as described in this section. The timing and final amount of reimbursement shall be dependent on the terms of the agreement and the availability of moneys in the Greenhouse Gas Reduction Fund for the program. (d) The Department of Transportation, in consultation with recipient public transit agencies, may develop guidelines to implement this section. ### Summary: This bill would amend Section 75230 of the Public Resources Code to require the Department of Transportation to develop guidelines for the Low Carbon Transit Operations Program

The people of the State of California do enact as follows: SECTION 1. Section 905.2 of the Government Code is amended to read: 905.2. (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). (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: (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. (2) (A) For which the appropriation made or fund designated is exhausted. (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’s current appropriation. (3) For money or damages on express contract, or for an injury for which the state is liable. (4) For which settlement is not otherwise provided for by statute or constitutional provision. (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. (1) The fee shall not apply to the following persons: (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. (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. (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’s or resident’s trust account. A certified copy of the statement of the account shall be submitted. (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. (3) Notwithstanding any other law, an applicant shall not be entitled to a hearing regarding the denial of a request for a fee waiver. (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: (1) The claim is submitted with the filing fee. (2) The fee waiver is granted. (3) The filing fee is paid to the department upon the department’s 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. (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. (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. (1) The surcharge shall not apply to approved claims to reissue expired warrants. (2) Upon the request of the department in a form prescribed by the Controller, the Controller shall transfer the fees from the state entity’s 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. (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. (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). SEC. 2. Section 8590.6 of the Government Code is amended to read: 8590.6. For the purposes of this article: (a) “Comprehensive services” means primary services that include all of the following: (1) Shelter or established referral services for shelter on a 24 hours a day, seven days a week, basis. (2) A 24 hours a day, seven days a week, telephone hotline for crisis calls. (3) Temporary housing and food facilities. (4) Psychological support and peer counseling provided in accordance with Section 1038.2 of the Evidence Code. (5) Referrals to existing services in the community. (6) Emergency transportation, as feasible. (b) “Director” means the Director of the Office of Emergency Services. (c) “Fund” means the Human Trafficking Victims Assistance Fund. (d) “Human trafficking caseworker” 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. (e) “Office” means the Office of Emergency Services. (f) “Qualified nonprofit organization” means a nongovernmental, nonprofit organization that does both of the following: (1) Employs a minimum of one individual who is a human trafficking caseworker. (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. (g) “Victim of human trafficking” 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: (1) Was trafficked in the state. (2) Fled his or her trafficker to the state. SEC. 3. Section 15820.946 of the Government Code is amended to read: 15820.946. (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. (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. 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’s 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: (1) Counties providing a board of supervisors’ resolution authorizing an adequate amount of available matching funds to satisfy the counties’ 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’s lease-revenue bond financing. (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. (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. (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. (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. (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. (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. SEC. 4. Section 15820.947 is added to the Government Code, to read: 15820.947. Notwithstanding 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. SEC. 5. Section 37001.5 of the Health and Safety Code is amended to read: 37001.5. The words “develop, construct, or acquire,” as used in Section 1 of Article XXXIV of the State Constitution, shall not be interpreted to apply to activities of a state public body when that body does any of the following: (a) Provides financing, secured by a deed of trust or other security instrument to a private owner of existing housing; or acquires a development, for which financing previously has been provided, as a temporary measure to protect its security and with an intention to change the ownership so that it will not continue to be the owner of a low-rent housing project. (b) Acquires or makes improvements to land which is anticipated to be sold, ground leased, or otherwise transferred to a private owner prior to its development as a low-rent housing project, provided (1) the land and improvements thereon are not subject to an exemption from property taxation by reason of public ownership for more than five years following acquisition or improvement by the state public body, or (2) such an exemption from property taxation persists beyond the five-year period and no alternative use is designated for the land or improvements, but any property tax revenues lost by affected taxing agencies on account of the exemption of land or improvements from property taxes by reason of public ownership of the property, or any interest in the property after the five-year period, are fully reimbursed by payments in lieu of taxes following the expiration of the five-year period. (c) Leases existing dwelling units from the private owner of such units, provided the lease or a subtenancy thereunder does not result in a decrease of property tax revenues with respect to the dwelling units leased. (d) Provides assistance to the private owner or occupant of existing housing which enables an occupant to live in decent, safe, and sanitary housing at a rent he or she can afford to pay. (e) Provides assistance to a low-rent housing project and monitors construction or rehabilitation of that project and compliance with conditions of that assistance to the extent of: (1) Carrying out routine governmental functions. (2) Performing conventional activities of a lender. (3) Imposing constitutionally mandated or statutorily authorized conditions accepted by a grantee of assistance. (f) Provides assistance to a development prior to its becoming a low-rent housing project without intending or expecting that the development will become a low-rent housing project, as defined. (g) Provides financing for a low-rent housing project pursuant to Chapter 6.7 (commencing with Section 51325) of Part 3 of Division 31. (h) Provides financing for a low-rent housing project pursuant to Article 3.2 (commencing with Section 987.001) and Article 5y (commencing with Section 998.540) of Chapter 6 of Division 4 of the Military and Veterans Code. This subdivision shall apply to all low-rent housing projects that convert the project’s financing to permanent financing after January 1, 2017. SEC. 6. Section 43011.3 of the Health and Safety Code, as added by Section 24 of Senate Bill 839 of the 2015–16 Regular Session, is repealed. SEC. 7. Section 6 of this act, which repeals Section 43011.3 of the Health and Safety Code as added by Section 24 of Senate Bill 839 of the 2015–16 Regular Session (SB 839), shall only become operative if Section 43011.3 of the Health and Safety Code is added by Section 24 of Senate Bill 839 and Senate Bill 839 becomes effective on or before January 1, 2017, and this bill is enacted after Senate Bill 839. SEC. 8. The 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. SEC. 9. This 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.

Existing law with respect to claims against public entities authorizes the “board,” as defined, to assess a surcharge to the state entity against which an approved claim was filed in an amount not to exceed 15% of the claim. Existing law requires the surcharge to be deposited into the General Fund and provides that it may be appropriated in support of the board in the annual Budget Act. This bill would specify that the Department of General Services may assess this surcharge, would require the surcharge to be deposited into the Service Revolving Fund, and would specify that the surcharge may be appropriated to the department in the annual Budget Act. Existing law defines a human trafficking caseworker to mean a human trafficking caseworker as defined by the Evidence Code. This bill would expand that definition to include a human trafficking caseworker who is employed by a homeless services provider that serves homeless children or youth and has completed a minimum of 8 hours of training focused on victims of human trafficking from the Runaway and Homeless Youth Training and Technical Assistance Center. Existing law authorizes the State Public Works Board to issue up to $270,000,000 in revenue bonds, notes, or bond anticipation notes to finance the acquisition, design, and construction of approved adult local criminal justice facilities, setting aside $20,000,000 to be awarded to the County of Napa. This bill would require that $20,000,000 of the amount issued by the board in revenue bonds, notes, or bond anticipation notes be set aside and awarded to the County of Napa without the submission of any further adult local criminal justice facility proposal. The bill would also authorize those funds to be utilized in conjunction with a partial award made to the County of Napa pursuant to other specified provisions. Article XXXIV of the California Constitution, among other things, prohibits any state public body from developing, constructing, or acquiring a low-rent housing project before a majority of the qualified electors vote upon and approve the project. Existing law provides that the words “develop, construct, or acquire” for the purposes of that constitutional provision shall not be interpreted to include specified activities of a state public body. This bill would include in those specified activities the financing for a specified low-rent housing project by a state public body, as provided. Senate Bill 839 of the 2015–16 Regular Session (SB 839) would authorize the State Air Resources Board to enter into agreements with private entities and receive, on behalf of the state, contributions from private sources in the form of equipment or money in order to expedite the processing of applications, resolutions, and executive orders pertaining to a specified exception to the requirement that vehicles be equipped with pollution control devices or systems and the authorization to sell and install aftermarket and performance parts with a valid executive order. SB 839 would require all moneys received to be separately accounted for, be deposited into the Air Pollution Control Fund, and available to the state board for these purposes upon appropriation of the Legislature. This bill would repeal that authorization for the state board to enter into those agreements and the requirement for the deposit of those moneys received, if Section 43011.3 of the Health and Safety Code is added by Section 24 of SB 839 and SB 839 becomes effective on or before January 1, 2017, and this bill is enacted after SB 839. This bill would appropriate $3,000,000 from the Gambling Control Fund to the Department of Justice for the purposes of addressing the backlog in investigations related to card room licensing. This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 905.2 of the Government Code is amended to read: 905.2. (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). (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: (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. (2) (A) For which the appropriation made or fund designated is exhausted. (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’s current appropriation. (3) For money or damages on express contract, or for an injury for which the state is liable. (4) For which settlement is not otherwise provided for by statute or constitutional provision. (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. (1) The fee shall not apply to the following persons: (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. (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. (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’s or resident’s trust account. A certified copy of the statement of the account shall be submitted. (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. (3) Notwithstanding any other law, an applicant shall not be entitled to a hearing regarding the denial of a request for a fee waiver. (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: (1) The claim is submitted with the filing fee. (2) The fee waiver is granted. (3) The filing fee is paid to the department upon the department’s 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. (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. (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. (1) The surcharge shall not apply to approved claims to reissue expired warrants. (2) Upon the request of the department in a form prescribed by the Controller, the Controller shall transfer the fees from the state entity’s 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. (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. (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). SEC. 2. Section 8590.6 of the Government Code is amended to read: 8590.6. For the purposes of this article: (a) “Comprehensive services” means primary services that include all of the following: (1) Shelter or established referral services for shelter on a 24 hours a day, seven days a week, basis. (2) A 24 hours a day, seven days a week, telephone hotline for crisis calls. (3) Temporary housing and food facilities. (4) Psychological support and peer counseling provided in accordance with Section 1038.2 of the Evidence Code. (5) Referrals to existing services in the community. (6) Emergency transportation, as feasible. (b) “Director” means the Director of the Office of Emergency Services. (c) “Fund” means the Human Trafficking Victims Assistance Fund. (d) “Human trafficking caseworker” 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. (e) “Office” means the Office of Emergency Services. (f) “Qualified nonprofit organization” means a nongovernmental, nonprofit organization that does both of the following: (1) Employs a minimum of one individual who is a human trafficking caseworker. (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. (g) “Victim of human trafficking” 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: (1) Was trafficked in the state. (2) Fled his or her trafficker to the state. SEC. 3. Section 15820.946 of the Government Code is amended to read: 15820.946. (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. (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. 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’s 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: (1) Counties providing a board of supervisors’ resolution authorizing an adequate amount of available matching funds to satisfy the counties’ 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’s lease-revenue bond financing. (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. (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. (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. (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. (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. (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. SEC. 4. Section 15820.947 is added to the Government Code, to read: 15820.947. Notwithstanding 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. SEC. 5. Section 37001.5 of the Health and Safety Code is amended to read: 37001.5. The words “develop, construct, or acquire,” as used in Section 1 of Article XXXIV of the State Constitution, shall not be interpreted to apply to activities of a state public body when that body does any of the following: (a) Provides financing, secured by a deed of trust or other security instrument to a private owner of existing housing; or acquires a development, for which financing previously has been provided, as a temporary measure to protect its security and with an intention to change the ownership so that it will not continue to be the owner of a low-rent housing project. (b) Acquires or makes improvements to land which is anticipated to be sold, ground leased, or otherwise transferred to a private owner prior to its development as a low-rent housing project, provided (1) the land and improvements thereon are not subject to an exemption from property taxation by reason of public ownership for more than five years following acquisition or improvement by the state public body, or (2) such an exemption from property taxation persists beyond the five-year period and no alternative use is designated for the land or improvements, but any property tax revenues lost by affected taxing agencies on account of the exemption of land or improvements from property taxes by reason of public ownership of the property, or any interest in the property after the five-year period, are fully reimbursed by payments in lieu of taxes following the expiration of the five-year period. (c) Leases existing dwelling units from the private owner of such units, provided the lease or a subtenancy thereunder does not result in a decrease of property tax revenues with respect to the dwelling units leased. (d) Provides assistance to the private owner or occupant of existing housing which enables an occupant to live in decent, safe, and sanitary housing at a rent he or she can afford to pay. (e) Provides assistance to a low-rent housing project and monitors construction or rehabilitation of that project and compliance with conditions of that assistance to the extent of: (1) Carrying out routine governmental functions. (2) Performing conventional activities of a lender. (3) Imposing constitutionally mandated or statutorily authorized conditions accepted by a grantee of assistance. (f) Provides assistance to a development prior to its becoming a low-rent housing project without intending or expecting that the development will become a low-rent housing project, as defined. (g) Provides financing for a low-rent housing project pursuant to Chapter 6.7 (commencing with Section 51325) of Part 3 of Division 31. (h) Provides financing for a low-rent housing project pursuant to Article 3.2 (commencing with Section 987.001) and Article 5y (commencing with Section 998.540) of Chapter 6 of Division 4 of the Military and Veterans Code. This subdivision shall apply to all low-rent housing projects that convert the project’s financing to permanent financing after January 1, 2017. SEC. 6. Section 43011.3 of the Health and Safety Code, as added by Section 24 of Senate Bill 839 of the 2015–16 Regular Session, is repealed. SEC. 7. Section 6 of this act, which repeals Section 43011.3 of the Health and Safety Code as added by Section 24 of Senate Bill 839 of the 2015–16 Regular Session (SB 839), shall only become operative if Section 43011.3 of the Health and Safety Code is added by Section 24 of Senate Bill 839 and Senate Bill 839 becomes effective on or before January 1, 2017, and this bill is enacted after Senate Bill 839. SEC. 8. The 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. SEC. 9. This 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. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Chapter 3.132 (commencing with Section 15820.94) is added to Part 10b of Division 3 of Title 2 of the Government Code, to read: CHAPTER 3.132. Financing of Adult Local Criminal Justice Facilities - 2016 15820.94. (a) For purposes of this chapter, “participating county” 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. (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. (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. 15820.940. (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. (b) Notwithstanding Section 14951, the participating county may assign an inspector during the construction of the adult local criminal justice facility. (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. (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. (e) The scope and cost of the adult local criminal justice facilities shall be subject to approval and administrative oversight by the board. (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. 15820.941. Upon a participating county’s receipt of responsive construction bids or design-build proposals, or a participating county’s 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. 15820.942. (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. (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. (c) Notwithstanding Section 13340, funds derived pursuant to this section and Section 15820.941 are continuously appropriated for purposes of this chapter. 15820.943. In support of this state financing, the Legislature finds and declares all of the following: (a) California’s 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. (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. (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. (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. (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. (f) This purpose represents valuable consideration in exchange for this state action. 15820.944. With 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’s use and occupancy of the adult local criminal justice facility. 15820.945. (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: (1) Final architectural plans and specifications have been approved by the BSCC, and subsequent construction bids have been received. (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. (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. (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. (c) The BSCC shall establish minimum standards, funding schedules, and procedures, which shall take into consideration, but not be limited to, the following: (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. (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). (3) A written adult local criminal justice facility proposal. (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. (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. (6) Documentation evidencing compliance with the California Environmental Quality Act (CEQA). (7) Provisions intended to maintain the tax-exempt status of the bonds, notes, or bond anticipation notes issued by the board. 15820.946. (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. (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’s 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: (1) Counties providing a board of supervisors’ resolution authorizing an adequate amount of available matching funds to satisfy the counties’ 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’s lease-revenue bond financing. (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. (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. (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. (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. (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. (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. SEC. 2. This 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.

Existing law authorizes the Board of State and Community Corrections or the Department of Corrections and Rehabilitation, the State Public Works Board, and a participating county, as defined, to acquire, design, and construct an adult local criminal justice facility approved by the Board of State and Community Corrections, or to acquire a site or sites owned by, or subject to a lease option to purchase held by, a participating county. Existing law authorizes the State Public Works Board to issue up to $500,000,000 in revenue bonds, notes, or bond anticipation notes to finance the acquisition, design, and construction of approved adult local criminal justice facilities. The funds derived from those revenue bonds, notes, or bond anticipation notes are continuously appropriated for those purposes. This bill would enact provisions similar to the provisions described above authorizing the Board of State and Community Corrections or the Department of Corrections and Rehabilitation, the State Public Works Board, and a participating county, as defined, to acquire, design, and construct an adult local criminal justice facility, as defined. The bill would authorize the State Public Works Board to issue up to $270,000,000 in revenue bonds, notes, or bond anticipation notes to finance the acquisition, design, and construction of approved adult local criminal justice facilities, setting aside $20,000,000 to be awarded to Napa County, and would continuously appropriate the funds for those purposes. Because the bill would continuously appropriate funds for these purposes, it would make an appropriation. The bill would establish procedures for approving and funding these projects. This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Chapter 3.132 (commencing with Section 15820.94) is added to Part 10b of Division 3 of Title 2 of the Government Code, to read: CHAPTER 3.132. Financing of Adult Local Criminal Justice Facilities - 2016 15820.94. (a) For purposes of this chapter, “participating county” 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. (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. (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. 15820.940. (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. (b) Notwithstanding Section 14951, the participating county may assign an inspector during the construction of the adult local criminal justice facility. (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. (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. (e) The scope and cost of the adult local criminal justice facilities shall be subject to approval and administrative oversight by the board. (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. 15820.941. Upon a participating county’s receipt of responsive construction bids or design-build proposals, or a participating county’s 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. 15820.942. (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. (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. (c) Notwithstanding Section 13340, funds derived pursuant to this section and Section 15820.941 are continuously appropriated for purposes of this chapter. 15820.943. In support of this state financing, the Legislature finds and declares all of the following: (a) California’s 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. (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. (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. (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. (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. (f) This purpose represents valuable consideration in exchange for this state action. 15820.944. With 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’s use and occupancy of the adult local criminal justice facility. 15820.945. (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: (1) Final architectural plans and specifications have been approved by the BSCC, and subsequent construction bids have been received. (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. (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. (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. (c) The BSCC shall establish minimum standards, funding schedules, and procedures, which shall take into consideration, but not be limited to, the following: (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. (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). (3) A written adult local criminal justice facility proposal. (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. (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. (6) Documentation evidencing compliance with the California Environmental Quality Act (CEQA). (7) Provisions intended to maintain the tax-exempt status of the bonds, notes, or bond anticipation notes issued by the board. 15820.946. (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. (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’s 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: (1) Counties providing a board of supervisors’ resolution authorizing an adequate amount of available matching funds to satisfy the counties’ 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’s lease-revenue bond financing. (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. (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. (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. (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. (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. (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. SEC. 2. This 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. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Item 2240-101-6082 of Section 2.00 of the Budget Act of 2016 is amended to read: 2240-101-6082—For local assistance, Department of Housing and Community Development, payable from the Housing for Veterans Fund ........................ 75,000,000 Schedule: (1) 1665-Financial Assistance Program ........................ 75,000,000 Provisions: 1. The 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. 2. Notwithstanding 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’s 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. 3. Of 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. SEC. 2. Item 2240-105-0001 of Section 2.00 of the Budget Act of 2016 is amended to read: 2240-105-0001—For transfer by the Controller to the Emergency Housing and Assistance Fund ........................ 45,000,000 Provisions: 1. The 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. 2. Of 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. SEC. 3. Item 4260-001-3085 of Section 2.00 of the Budget Act of 2016 is amended to read: 4260-001-3085—For support of Department of Health Care Services, payable from the Mental Health Services Fund ........................ 13,120,000 13,620,000 Schedule: (1) 3960-Health Care Services ........................ 13,120,000 13,620,000 Provisions: 1. Funds 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. 2. Of 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. SEC. 4. Section 39.00 of the Budget Act of 2016 is amended to read: SEC. 39.00. The 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 1622, 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. SEC. 5. This 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. SECTION 1. It is the intent of the Legislature to enact statutory changes, relating to the Budget Act of 2016.

The Budget Act of 2016 made appropriations for the support of state government for the 2016–17 fiscal year. This bill would amend the Budget Act of 2016 by revising items of appropriation and making other changes. This bill would declare that it is to take effect immediately as a Budget Bill. This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2016.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Item 2240-101-6082 of Section 2.00 of the Budget Act of 2016 is amended to read: 2240-101-6082—For local assistance, Department of Housing and Community Development, payable from the Housing for Veterans Fund ........................ 75,000,000 Schedule: (1) 1665-Financial Assistance Program ........................ 75,000,000 Provisions: 1. The 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. 2. Notwithstanding 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’s 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. 3. Of 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. SEC. 2. Item 2240-105-0001 of Section 2.00 of the Budget Act of 2016 is amended to read: 2240-105-0001—For transfer by the Controller to the Emergency Housing and Assistance Fund ........................ 45,000,000 Provisions: 1. The 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. 2. Of 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. SEC. 3. Item 4260-001-3085 of Section 2.00 of the Budget Act of 2016 is amended to read: 4260-001-3085—For support of Department of Health Care Services, payable from the Mental Health Services Fund ........................ 13,120,000 13,620,000 Schedule: (1) 3960-Health Care Services ........................ 13,120,000 13,620,000 Provisions: 1. Funds 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. 2. Of 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. SEC. 4. Section 39.00 of the Budget Act of 2016 is amended to read: SEC. 39.00. The 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 1622, 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. SEC. 5. This 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. SECTION 1. It is the intent of the Legislature to enact statutory changes, relating to the Budget Act of 2016. ### Summary: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Item 2240

The people of the State of California do enact as follows: SECTION 1. Section 905.2 of the Government Code is amended to read: 905.2. (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). (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: (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. (2) (A) For which the appropriation made or fund designated is exhausted. (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’s current appropriation. (3) For money or damages on express contract, or for an injury for which the state is liable. (4) For which settlement is not otherwise provided for by statute or constitutional provision. (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. (1) The fee shall not apply to the following persons: (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. (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. (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’s or resident’s trust account. A certified copy of the statement of the account shall be submitted. (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. (3) Notwithstanding any other law, an applicant shall not be entitled to a hearing regarding the denial of a request for a fee waiver. (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: (1) The claim is submitted with the filing fee. (2) The fee waiver is granted. (3) The filing fee is paid to the department upon the department’s 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. (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. (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. (1) The surcharge shall not apply to approved claims to reissue expired warrants. (2) Upon the request of the department in a form prescribed by the Controller, the Controller shall transfer the fees from the state entity’s 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. (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. (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). SEC. 2. Section 8590.6 of the Government Code is amended to read: 8590.6. For the purposes of this article: (a) “Comprehensive services” means primary services that include all of the following: (1) Shelter or established referral services for shelter on a 24 hours a day, seven days a week, basis. (2) A 24 hours a day, seven days a week, telephone hotline for crisis calls. (3) Temporary housing and food facilities. (4) Psychological support and peer counseling provided in accordance with Section 1038.2 of the Evidence Code. (5) Referrals to existing services in the community. (6) Emergency transportation, as feasible. (b) “Director” means the Director of the Office of Emergency Services. (c) “Fund” means the Human Trafficking Victims Assistance Fund. (d) “Human trafficking caseworker” 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. (e) “Office” means the Office of Emergency Services. (f) “Qualified nonprofit organization” means a nongovernmental, nonprofit organization that does both of the following: (1) Employs a minimum of one individual who is a human trafficking caseworker. (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. (g) “Victim of human trafficking” 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: (1) Was trafficked in the state. (2) Fled his or her trafficker to the state. SEC. 3. Section 15820.946 of the Government Code is amended to read: 15820.946. (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. (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’s 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: (1) Counties providing a board of supervisors’ resolution authorizing an adequate amount of available matching funds to satisfy the counties’ 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’s lease-revenue bond financing. (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. (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. (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. (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. (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. (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. SEC. 4. Section 15820.947 is added to the Government Code, to read: 15820.947. Notwithstanding 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. SEC. 3. SEC. 5. The 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 SEC. 4. SEC. 6. This 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.

Existing law with respect to claims against public entities authorizes the “board,” as defined, to assess a surcharge to the state entity against which an approved claim was filed in an amount not to exceed 15% of the claim. Existing law requires the surcharge to be deposited into the General Fund and provides that it may be appropriated in support of the board in the annual Budget Act. This bill would specify that the Department of General Services may assess this surcharge, would require the surcharge to be deposited into the Service Revolving Fund, and would specify that the surcharge may be appropriated to the department in the annual Budget Act. Existing law defines a human trafficking caseworker to mean a human trafficking caseworker as defined by the Evidence Code. This bill would expand that definition to include a human trafficking caseworker who is employed by a homeless services provider that serves homeless children or youth and has completed a minimum of 8 hours of training focused on victims of human trafficking from the Runaway and Homeless Youth Training and Technical Assistance Center. This bill would appropriate $3,000,000 from the Gambling Control Fund to the Department of Justice for the purposes of addressing the backlog in investigations related to card room licensing. Existing law authorizes the State Public Works Board to issue up to $270,000,000 in revenue bonds, notes, or bond anticipation notes to finance the acquisition, design, and construction of approved adult local criminal justice facilities, setting aside $20,000,000 to be awarded to the County of Napa. This bill would require that $20,000,000 of the amount issued by the board in revenue bonds, notes, or bond anticipation notes to be set aside and awarded to the County of Napa without the submission of any further adult local criminal justice facility proposal. The bill would also authorize those funds to be utilized in conjunction with a partial award made to the County of Napa pursuant to other specified provisions. This bill would appropriate $1,000 from the General Fund to the Board of State and Community Corrections for administrative costs related to the bill. This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 905.2 of the Government Code is amended to read: 905.2. (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). (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: (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. (2) (A) For which the appropriation made or fund designated is exhausted. (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’s current appropriation. (3) For money or damages on express contract, or for an injury for which the state is liable. (4) For which settlement is not otherwise provided for by statute or constitutional provision. (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. (1) The fee shall not apply to the following persons: (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. (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. (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’s or resident’s trust account. A certified copy of the statement of the account shall be submitted. (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. (3) Notwithstanding any other law, an applicant shall not be entitled to a hearing regarding the denial of a request for a fee waiver. (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: (1) The claim is submitted with the filing fee. (2) The fee waiver is granted. (3) The filing fee is paid to the department upon the department’s 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. (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. (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. (1) The surcharge shall not apply to approved claims to reissue expired warrants. (2) Upon the request of the department in a form prescribed by the Controller, the Controller shall transfer the fees from the state entity’s 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. (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. (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). SEC. 2. Section 8590.6 of the Government Code is amended to read: 8590.6. For the purposes of this article: (a) “Comprehensive services” means primary services that include all of the following: (1) Shelter or established referral services for shelter on a 24 hours a day, seven days a week, basis. (2) A 24 hours a day, seven days a week, telephone hotline for crisis calls. (3) Temporary housing and food facilities. (4) Psychological support and peer counseling provided in accordance with Section 1038.2 of the Evidence Code. (5) Referrals to existing services in the community. (6) Emergency transportation, as feasible. (b) “Director” means the Director of the Office of Emergency Services. (c) “Fund” means the Human Trafficking Victims Assistance Fund. (d) “Human trafficking caseworker” 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. (e) “Office” means the Office of Emergency Services. (f) “Qualified nonprofit organization” means a nongovernmental, nonprofit organization that does both of the following: (1) Employs a minimum of one individual who is a human trafficking caseworker. (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. (g) “Victim of human trafficking” 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: (1) Was trafficked in the state. (2) Fled his or her trafficker to the state. SEC. 3. Section 15820.946 of the Government Code is amended to read: 15820.946. (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. (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’s 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: (1) Counties providing a board of supervisors’ resolution authorizing an adequate amount of available matching funds to satisfy the counties’ 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’s lease-revenue bond financing. (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. (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. (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. (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. (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. (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. SEC. 4. Section 15820.947 is added to the Government Code, to read: 15820.947. Notwithstanding 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. SEC. 3. SEC. 5. The 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 SEC. 4. SEC. 6. This 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. ### Summary: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 905.

The people of the State of California do enact as follows: SECTION 1. Section 76000.5 of the Government Code is amended to read: 76000.5. (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. (2) This additional penalty does not apply to the following: (A) A restitution fine. (B) A penalty authorized by Section 1464 of the Penal Code or this chapter. (C) A parking offense subject to Article 3 (commencing with Section 40200) of Chapter 1 of Division 17 of the Vehicle Code. (D) The state surcharge authorized by Section 1465.7 of the Penal Code. (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. (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. (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. (e) This section shall remain in effect until January 1, 2027. SEC. 2. Section 1797.98a of the Health and Safety Code is amended to read: 1797.98a. (a) The fund provided for in this chapter shall be known as the Maddy Emergency Medical Services (EMS) Fund. (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. (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. (3) All interest earned on moneys in the fund shall be deposited in the fund for disbursement as specified in this section. (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). (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: (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. (B) Twenty-five percent of the fund shall be distributed only to hospitals providing disproportionate trauma and emergency medical care services. (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. (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. (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. (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’s Fund. This subdivision shall remain in effect until January 1, 2027. (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.

Existing law establishes the Maddy Emergency Medical Services (EMS) Fund, and authorizes each county to establish an emergency medical services fund for reimbursement of costs related to emergency medical services. Existing law, until January 1, 2017, authorizes county boards of supervisors to elect to levy an additional penalty, for deposit into the EMS Fund, in the amount of $2 for every $10 upon fines, penalties, and forfeitures collected for criminal offenses. Existing law, until January 1, 2017, requires 15% of the funds collected pursuant to that provision to be used to provide funding for pediatric trauma centers. This bill would extend the operative date of these provisions until January 1, 2027.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 76000.5 of the Government Code is amended to read: 76000.5. (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. (2) This additional penalty does not apply to the following: (A) A restitution fine. (B) A penalty authorized by Section 1464 of the Penal Code or this chapter. (C) A parking offense subject to Article 3 (commencing with Section 40200) of Chapter 1 of Division 17 of the Vehicle Code. (D) The state surcharge authorized by Section 1465.7 of the Penal Code. (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. (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. (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. (e) This section shall remain in effect until January 1, 2027. SEC. 2. Section 1797.98a of the Health and Safety Code is amended to read: 1797.98a. (a) The fund provided for in this chapter shall be known as the Maddy Emergency Medical Services (EMS) Fund. (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. (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. (3) All interest earned on moneys in the fund shall be deposited in the fund for disbursement as specified in this section. (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). (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: (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. (B) Twenty-five percent of the fund shall be distributed only to hospitals providing disproportionate trauma and emergency medical care services. (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. (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. (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. (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’s Fund. This subdivision shall remain in effect until January 1, 2027. (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. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 273.5 of the Penal Code is amended to read: 273.5. (a) (1) Any person who willfully inflicts corporal injury resulting in a traumatic condition upon a victim described in subdivision (b) is guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not more than one year, or by a fine of up to six thousand dollars ($6,000), or by both that fine and imprisonment. (2) Any person who willfully inflicts corporal injury resulting in a traumatic condition upon a victim described in subdivision (b), where the corporal injury resulting in a traumatic condition is caused in whole or in part by strangulation or suffocation, is guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not more than one year, or by a fine of up to six thousand dollars ($6,000), or by both that fine and imprisonment. For purposes of this paragraph, “strangulation” and “suffocation” include impeding the normal breathing or circulation of the blood of a person by applying pressure on the throat or neck. (b) Subdivision (a) shall apply if the victim is or was one or more of the following: (1) The offender’s spouse or former spouse. (2) The offender’s cohabitant or former cohabitant. (3) The offender’s fiancé or fiancée, or someone with whom the offender has, or previously had, an engagement or dating relationship, as defined in paragraph (10) of subdivision (f) of Section 243. (4) The mother or father of the offender’s child. (c) Holding oneself out to be the husband or wife of the person with whom one is cohabiting is not necessary to constitute cohabitation as the term is used in this section. (d) As used in this section, “traumatic condition” means a condition of the body, such as a wound, or external or internal injury, including, but not limited to, injury as a result of strangulation or suffocation, whether of a minor or serious nature, caused by a physical force. For purposes of this section, “strangulation” and “suffocation” include impeding the normal breathing or circulation of the blood of a person by applying pressure on the throat or neck. (e) For the purpose of this section, a person shall be considered the father or mother of another person’s child if the alleged male parent is presumed the natural father under Sections 7611 and 7612 of the Family Code. (f) (1) Any person convicted of violating this section for acts occurring within seven years of a previous conviction under subdivision (a), or subdivision (d) of Section 243, or Section 243.4, 244, 244.5, or 245, shall be punished by imprisonment in a county jail for not more than one year, or by imprisonment in the state prison for two, four, or five years, or by both imprisonment and a fine of up to ten thousand dollars ($10,000). (2) Any person convicted of a violation of this section for acts occurring within seven years of a previous conviction under subdivision (e) of Section 243 shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not more than one year, or by a fine of up to ten thousand dollars ($10,000), or by both that imprisonment and fine. (g) If probation is granted to any person convicted under subdivision (a), the court shall impose probation consistent with the provisions of Section 1203.097. (h) If probation is granted, or the execution or imposition of a sentence is suspended, for any defendant convicted under subdivision (a) who has been convicted of any prior offense specified in subdivision (f), the court shall impose one of the following conditions of probation: (1) If the defendant has suffered one prior conviction within the previous seven years for a violation of any offense specified in subdivision (f), it shall be a condition of probation, in addition to the provisions contained in Section 1203.097, that he or she be imprisoned in a county jail for not less than 15 days. (2) If the defendant has suffered two or more prior convictions within the previous seven years for a violation of any offense specified in subdivision (f), it shall be a condition of probation, in addition to the provisions contained in Section 1203.097, that he or she be imprisoned in a county jail for not less than 60 days. (3) The court, upon a showing of good cause, may find that the mandatory imprisonment required by this subdivision shall not be imposed and shall state on the record its reasons for finding good cause. (i) If probation is granted upon conviction of a violation of subdivision (a), the conditions of probation may include, consistent with the terms of probation imposed pursuant to Section 1203.097, in lieu of a fine, one or both of the following requirements: (1) That the defendant make payments to a battered women’s shelter, up to a maximum of five thousand dollars ($5,000), pursuant to Section 1203.097. (2) (A) 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’s offense. (B) For any order to pay a fine, make payments to a battered women’s shelter, or pay restitution as a condition of probation under this subdivision, the court shall make a determination of the defendant’s ability to pay. An order to make payments to a battered women’s shelter shall not 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 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. (j) Upon conviction under subdivision (a), 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. (k) If a peace officer makes an arrest for a violation of this section, the peace officer is not required to inform the victim of his or her right to make a citizen’s arrest pursuant to subdivision (b) of Section 836. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. SECTION 1. Section 273.5 of the Penal Code is amended to read: 273.5. (a)Every person who willfully inflicts corporal injury that results in a traumatic condition upon a victim described in subdivision (b) is guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not more than one year, or by a fine of up to six thousand dollars ($6,000), or by both that fine and imprisonment. (b)Subdivision (a) applies if the victim is or was one or more of the following: (1)The offender’s spouse or former spouse. (2)The offender’s cohabitant or former cohabitant. (3)The offender’s fiancé or fiancée, or someone with whom the offender has, or previously had, an engagement or dating relationship, as defined in paragraph (10) of subdivision (f) of Section 243. (4)The mother or father of the offender’s child. (c)Holding oneself out to be the husband or wife of the person with whom one is cohabiting is not necessary to constitute cohabitation as that term is used in this section. (d)As used in this section, “traumatic condition” means a condition of the body, such as a wound, or external or internal injury, including, but not limited to, injury as a result of strangulation or suffocation, whether of a minor or serious nature, caused by a physical force. For purposes of this section, “strangulation” and “suffocation” include impeding the normal breathing or circulation of the blood of a person by applying pressure on the throat or neck. (e)For the purpose of this section, a person shall be considered the father or mother of another person’s child if the alleged male parent is presumed the natural father under Sections 7611 and 7612 of the Family Code. (f)(1)Every person convicted of violating this section for acts occurring within seven years of a previous conviction under subdivision (a), or subdivision (d) of Section 243, or Section 243.4, 244, 244.5, or 245, shall be punished by imprisonment in a county jail for not more than one year, or by imprisonment in the state prison for two, four, or five years, or by both imprisonment and a fine of up to ten thousand dollars ($10,000). (2)Every person convicted of a violation of this section for acts occurring within seven years of a previous conviction under subdivision (e) of Section 243 shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not more than one year, or by a fine of up to ten thousand dollars ($10,000), or by both that imprisonment and fine. (g)If probation is granted to a person convicted under subdivision (a), the court shall impose probation consistent with the provisions of Section 1203.097. (h)If probation is granted, or the execution or imposition of a sentence is suspended, for a defendant convicted under subdivision (a) who has been convicted of a prior offense specified in subdivision (f), the court shall impose one of the following conditions of probation: (1)If the defendant has suffered one prior conviction within the previous seven years for a violation of an offense specified in subdivision (f), it shall be a condition of probation, in addition to the provisions contained in Section 1203.097, that he or she be imprisoned in a county jail for not less than 15 days. (2)If the defendant has suffered two or more prior convictions within the previous seven years for a violation of an offense specified in subdivision (f), it shall be a condition of probation, in addition to the provisions contained in Section 1203.097, that he or she be imprisoned in a county jail for not less than 60 days. (3)The court, upon a showing of good cause, may find that the mandatory imprisonment required by this subdivision shall not be imposed and shall state on the record its reasons for finding good cause. (i)If probation is granted upon conviction of a violation of subdivision (a), the conditions of probation may include, consistent with the terms of probation imposed pursuant to Section 1203.097, in lieu of a fine, one or both of the following requirements: (1)That the defendant make payments to a battered women’s shelter, up to a maximum of five thousand dollars ($5,000), pursuant to Section 1203.097. (2)(A)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’s offense. (B)For an order to pay a fine, make payments to a battered women’s shelter, or pay restitution as a condition of probation under this subdivision, the court shall make a determination of the defendant’s ability to pay. An order to make payments to a battered women’s shelter shall not 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 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. (j)Upon conviction under subdivision (a), 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. (k)If a peace officer makes an arrest for a violation of this section, the peace officer is not required to inform the victim of his or her right to make a citizen’s arrest pursuant to subdivision (b) of Section 836.

Existing law makes it a crime, punishable by a fine, by imprisonment, or by both a fine and imprisonment, for a person to willfully inflict corporal injury injury, including, but not limited to, by strangulation or suffocation, resulting in a traumatic condition upon a person with whom the defendant has been in a specified domestic relationship. This bill would make technical, nonsubstantive changes to these provisions. This bill would make it a crime, punishable by a fine, by imprisonment, or by both a fine and imprisonment, for a person to willfully inflict corporal injury resulting in a traumatic condition by strangulation or suffocation upon a person with whom the defendant has been in a specified domestic relationship. By increasing the duties of local prosecutors, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 273.5 of the Penal Code is amended to read: 273.5. (a) (1) Any person who willfully inflicts corporal injury resulting in a traumatic condition upon a victim described in subdivision (b) is guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not more than one year, or by a fine of up to six thousand dollars ($6,000), or by both that fine and imprisonment. (2) Any person who willfully inflicts corporal injury resulting in a traumatic condition upon a victim described in subdivision (b), where the corporal injury resulting in a traumatic condition is caused in whole or in part by strangulation or suffocation, is guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not more than one year, or by a fine of up to six thousand dollars ($6,000), or by both that fine and imprisonment. For purposes of this paragraph, “strangulation” and “suffocation” include impeding the normal breathing or circulation of the blood of a person by applying pressure on the throat or neck. (b) Subdivision (a) shall apply if the victim is or was one or more of the following: (1) The offender’s spouse or former spouse. (2) The offender’s cohabitant or former cohabitant. (3) The offender’s fiancé or fiancée, or someone with whom the offender has, or previously had, an engagement or dating relationship, as defined in paragraph (10) of subdivision (f) of Section 243. (4) The mother or father of the offender’s child. (c) Holding oneself out to be the husband or wife of the person with whom one is cohabiting is not necessary to constitute cohabitation as the term is used in this section. (d) As used in this section, “traumatic condition” means a condition of the body, such as a wound, or external or internal injury, including, but not limited to, injury as a result of strangulation or suffocation, whether of a minor or serious nature, caused by a physical force. For purposes of this section, “strangulation” and “suffocation” include impeding the normal breathing or circulation of the blood of a person by applying pressure on the throat or neck. (e) For the purpose of this section, a person shall be considered the father or mother of another person’s child if the alleged male parent is presumed the natural father under Sections 7611 and 7612 of the Family Code. (f) (1) Any person convicted of violating this section for acts occurring within seven years of a previous conviction under subdivision (a), or subdivision (d) of Section 243, or Section 243.4, 244, 244.5, or 245, shall be punished by imprisonment in a county jail for not more than one year, or by imprisonment in the state prison for two, four, or five years, or by both imprisonment and a fine of up to ten thousand dollars ($10,000). (2) Any person convicted of a violation of this section for acts occurring within seven years of a previous conviction under subdivision (e) of Section 243 shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not more than one year, or by a fine of up to ten thousand dollars ($10,000), or by both that imprisonment and fine. (g) If probation is granted to any person convicted under subdivision (a), the court shall impose probation consistent with the provisions of Section 1203.097. (h) If probation is granted, or the execution or imposition of a sentence is suspended, for any defendant convicted under subdivision (a) who has been convicted of any prior offense specified in subdivision (f), the court shall impose one of the following conditions of probation: (1) If the defendant has suffered one prior conviction within the previous seven years for a violation of any offense specified in subdivision (f), it shall be a condition of probation, in addition to the provisions contained in Section 1203.097, that he or she be imprisoned in a county jail for not less than 15 days. (2) If the defendant has suffered two or more prior convictions within the previous seven years for a violation of any offense specified in subdivision (f), it shall be a condition of probation, in addition to the provisions contained in Section 1203.097, that he or she be imprisoned in a county jail for not less than 60 days. (3) The court, upon a showing of good cause, may find that the mandatory imprisonment required by this subdivision shall not be imposed and shall state on the record its reasons for finding good cause. (i) If probation is granted upon conviction of a violation of subdivision (a), the conditions of probation may include, consistent with the terms of probation imposed pursuant to Section 1203.097, in lieu of a fine, one or both of the following requirements: (1) That the defendant make payments to a battered women’s shelter, up to a maximum of five thousand dollars ($5,000), pursuant to Section 1203.097. (2) (A) 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’s offense. (B) For any order to pay a fine, make payments to a battered women’s shelter, or pay restitution as a condition of probation under this subdivision, the court shall make a determination of the defendant’s ability to pay. An order to make payments to a battered women’s shelter shall not 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 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. (j) Upon conviction under subdivision (a), 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. (k) If a peace officer makes an arrest for a violation of this section, the peace officer is not required to inform the victim of his or her right to make a citizen’s arrest pursuant to subdivision (b) of Section 836. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. SECTION 1. Section 273.5 of the Penal Code is amended to read: 273.5. (a)Every person who willfully inflicts corporal injury that results in a traumatic condition upon a victim described in subdivision (b) is guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not more than one year, or by a fine of up to six thousand dollars ($6,000), or by both that fine and imprisonment. (b)Subdivision (a) applies if the victim is or was one or more of the following: (1)The offender’s spouse or former spouse. (2)The offender’s cohabitant or former cohabitant. (3)The offender’s fiancé or fiancée, or someone with whom the offender has, or previously had, an engagement or dating relationship, as defined in paragraph (10) of subdivision (f) of Section 243. (4)The mother or father of the offender’s child. (c)Holding oneself out to be the husband or wife of the person with whom one is cohabiting is not necessary to constitute cohabitation as that term is used in this section. (d)As used in this section, “traumatic condition” means a condition of the body, such as a wound, or external or internal injury, including, but not limited to, injury as a result of strangulation or suffocation, whether of a minor or serious nature, caused by a physical force. For purposes of this section, “strangulation” and “suffocation” include impeding the normal breathing or circulation of the blood of a person by applying pressure on the throat or neck. (e)For the purpose of this section, a person shall be considered the father or mother of another person’s child if the alleged male parent is presumed the natural father under Sections 7611 and 7612 of the Family Code. (f)(1)Every person convicted of violating this section for acts occurring within seven years of a previous conviction under subdivision (a), or subdivision (d) of Section 243, or Section 243.4, 244, 244.5, or 245, shall be punished by imprisonment in a county jail for not more than one year, or by imprisonment in the state prison for two, four, or five years, or by both imprisonment and a fine of up to ten thousand dollars ($10,000). (2)Every person convicted of a violation of this section for acts occurring within seven years of a previous conviction under subdivision (e) of Section 243 shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not more than one year, or by a fine of up to ten thousand dollars ($10,000), or by both that imprisonment and fine. (g)If probation is granted to a person convicted under subdivision (a), the court shall impose probation consistent with the provisions of Section 1203.097. (h)If probation is granted, or the execution or imposition of a sentence is suspended, for a defendant convicted under subdivision (a) who has been convicted of a prior offense specified in subdivision (f), the court shall impose one of the following conditions of probation: (1)If the defendant has suffered one prior conviction within the previous seven years for a violation of an offense specified in subdivision (f), it shall be a condition of probation, in addition to the provisions contained in Section 1203.097, that he or she be imprisoned in a county jail for not less than 15 days. (2)If the defendant has suffered two or more prior convictions within the previous seven years for a violation of an offense specified in subdivision (f), it shall be a condition of probation, in addition to the provisions contained in Section 1203.097, that he or she be imprisoned in a county jail for not less than 60 days. (3)The court, upon a showing of good cause, may find that the mandatory imprisonment required by this subdivision shall not be imposed and shall state on the record its reasons for finding good cause. (i)If probation is granted upon conviction of a violation of subdivision (a), the conditions of probation may include, consistent with the terms of probation imposed pursuant to Section 1203.097, in lieu of a fine, one or both of the following requirements: (1)That the defendant make payments to a battered women’s shelter, up to a maximum of five thousand dollars ($5,000), pursuant to Section 1203.097. (2)(A)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’s offense. (B)For an order to pay a fine, make payments to a battered women’s shelter, or pay restitution as a condition of probation under this subdivision, the court shall make a determination of the defendant’s ability to pay. An order to make payments to a battered women’s shelter shall not 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 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. (j)Upon conviction under subdivision (a), 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. (k)If a peace officer makes an arrest for a violation of this section, the peace officer is not required to inform the victim of his or her right to make a citizen’s arrest pursuant to subdivision (b) of Section 836. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 52074.5 is added to the Education Code, to read: 52074.5. (a) (1) Commencing with the 2016–17 fiscal year, the California Collaborative for Educational Excellence shall establish a statewide infrastructure process to 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. (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. (b) The professional development training shall include, but shall not be limited to, all of the following: (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. (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. (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. (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. (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. (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’s Office within 30 days of the state board’s 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. (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. (e) (1) During the 2017–18 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. (2) The California Collaborative for Educational Excellence may contract with one or more entities to develop, administer, monitor, and analyze the survey. (f) This section shall not be implemented unless funding is provided for its purposes in the annual Budget Act or another enacted statute. SEC. 2. Section 52074.6 is added to the Education Code, to read: 52074.6. (a) (1) During the 2016–17 and 2017–18 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. (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 2016–17 fiscal year or in future fiscal years. (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’s Office. At a minimum, the plan shall describe all of the following: (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. (2) The major implementation activities of the pilot program and the means for assessing whether the goals are met. (3) An implementation timeline and a program budget, with anticipated expenditures and funding sources. (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. (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. (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. (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’s Office about lessons learned from the pilot program and its implications for the ongoing work of the California Collaborative for Educational Excellence. (e) This section shall not be implemented unless funding is provided for its purposes in the annual Budget Act or another enacted statute.

Existing law, on or before July 1, 2014, requires the governing board of each school district and each county board of education to adopt a local control and accountability plan and requires the governing board of each school district and each county board of education to update its local control and accountability plan on or before July 1 of each year. Existing law requires the local control and accountability plan to include certain elements, and requires the charter for a charter school to include some of those same elements. Existing law requires the State Board of Education, on or before October 1, 2016, to adopt evaluation rubrics to, among other things, assist a school district, county office of education, or charter school in evaluating its strengths, weaknesses, and areas that require improvement. Existing law establishes the California Collaborative for Educational Excellence for purposes of advising and assisting school districts, county superintendents of schools, and charter schools in achieving the goals set forth in a local control and accountability plan. This bill would require the collaborative, commencing with the 2016–17 fiscal year, to establish a statewide infrastructure process to 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. board and would encourage school districts, county offices of education, and charter schools that participate in professional development training to include in the training all stakeholders that are involved in the development of a local control and accountability plan, as provided. The bill would require the professional development training to include, among other things, information on how the evaluation rubrics are used for the development and implementation of the local control and accountability plans and those similar elements in charter petitions, and information on how the evaluation rubrics will be used, in conjunction with local control and accountability plans, to establish a system of continuous improvement. The bill would require the collaborative to ensure that the professional development training is provided in each region of the state and is available to all school districts, county offices of education, and charter schools. The bill would require the collaborative to submit an implementation plan to the relevant policy and fiscal committees of the Legislature, the Director of Finance, and the Legislative Analyst’s Office within 30 days of the state board’s adoption of the evaluation rubrics, as specified. The bill also would require the collaborative, during the 2017–18 fiscal year, to conduct a survey of school districts, county offices of education, and charter schools on how they used the evaluation rubrics. The bill would authorize the collaborative to contract with one or more entities to develop, administer, monitor, and analyze the survey. The bill would require the collaborative, during the 2016–17 and 2017–18 fiscal years, to 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. The bill would require the Superintendent of Public Instruction to assign the collaborative to assist school districts, county offices of education, and charter schools in the pilot program, as provided, but participation in the pilot program by a local educational agency would be voluntary. The bill would require the governing board of the collaborative to submit to the relevant policy and fiscal committees of the Legislature, the Director of Finance, and the Legislative Analyst’s Office, an implementation plan for the pilot program on or before August 15, 2016, as specified, and a report about lessons learned from the pilot program and its implications for the ongoing work of the collaborative on or before November 1, 2018. The bill would make the implementation of its provisions contingent upon funds being appropriated for its purposes in the annual Budget Act or another enacted statute.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 52074.5 is added to the Education Code, to read: 52074.5. (a) (1) Commencing with the 2016–17 fiscal year, the California Collaborative for Educational Excellence shall establish a statewide infrastructure process to 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. (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. (b) The professional development training shall include, but shall not be limited to, all of the following: (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. (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. (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. (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. (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. (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’s Office within 30 days of the state board’s 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. (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. (e) (1) During the 2017–18 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. (2) The California Collaborative for Educational Excellence may contract with one or more entities to develop, administer, monitor, and analyze the survey. (f) This section shall not be implemented unless funding is provided for its purposes in the annual Budget Act or another enacted statute. SEC. 2. Section 52074.6 is added to the Education Code, to read: 52074.6. (a) (1) During the 2016–17 and 2017–18 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. (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 2016–17 fiscal year or in future fiscal years. (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’s Office. At a minimum, the plan shall describe all of the following: (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. (2) The major implementation activities of the pilot program and the means for assessing whether the goals are met. (3) An implementation timeline and a program budget, with anticipated expenditures and funding sources. (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. (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. (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. (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’s Office about lessons learned from the pilot program and its implications for the ongoing work of the California Collaborative for Educational Excellence. (e) This section shall not be implemented unless funding is provided for its purposes in the annual Budget Act or another enacted statute. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a) According to the United States Department of Housing and Urban Development’s 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. (b) According to the United States Department of Education, 284,086 schoolchildren were known to have experienced homelessness in the 2013–14 school year. (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. (d) Throughout California, local governments have enacted ordinances that make it illegal to rest or receive nourishment in public spaces. (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. (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. (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 funding competition, Competition provisions that would award additional points to any application that could include steps the community is taking to reduce criminalization of homelessness. (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. (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. (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. (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. (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. (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’s human rights and have called upon state and local governments to cease enactment and enforcement of those laws. (n) Homelessness and the increasing criminalization of homelessness and discrimination against those experiencing homelessness are widespread throughout California and are matters of statewide concern. (o) Section 1 of Article I of the California Constitution provides that “[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,” without qualification as to whether or not a person is, or appears to be, homeless. (p) Subdivision (a) of Section 7 of Article I of the California Constitution provides that “[a] person may not be deprived of life, liberty, or property without due process of law or denied equal protection of the laws ... .” (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. (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. SEC. 2. Part 2.2 (commencing with Section 53.8) is added to Division 1 of the Civil Code, to read: PART 2.2. Homeless Persons 53.8. For purposes of this part, the following definitions shall apply: (a) “Homeless persons,” “homeless people,” or “persons experiencing homelessness” 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. (b) “Public space” means any property that is owned by a government entity or any property upon 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. The 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. (c) “Rest” means the state of not moving, holding certain postures that include, but are not limited to, sitting, standing, leaning, kneeling, squatting, sleeping, or lying. 53.81. (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. (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: (1) Free movement without restraint. (2) Sleeping or resting, and protecting oneself from the elements while sleeping or resting in a nonobstructive manner. (3) Eating, sharing, accepting, or giving food in a space in which having food is not otherwise generally prohibited. (4) Praying, meditating, worshiping, or practicing religion. (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.). (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 rest. rest in public spaces as defined in subdivision (b) of Section 53.8. 53.82. (a) Any person whose rights have been violated pursuant to this part may enforce those rights in a civil action. (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’s fees and costs to a prevailing plaintiff. SEC. 3. Section 11139.2 is added to the Government Code, to read: 11139.2. To 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’s Continuum of Care Homeless Assistance Program shall annually provide to the Department of Housing and Community Development’s 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’s response to the application question regarding steps that its community is taking to reduce criminalization of homelessness. Notwithstanding 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. SEC. 4. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

Existing law provides that no person shall, on the basis of race, national origin, ethnic group identification, religion, age, sex, sexual orientation, color, genetic information, or disability, 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 by the state or by any state agency, is funded directly by the state, or receives any financial assistance from the state. This bill would afford persons experiencing homelessness the right to use public spaces without discrimination based on their housing status and describe basic human and civil rights that may be exercised without being subject to criminal or civil sanctions, including the right to use and to move freely in public spaces, the right to rest in public spaces and to protect oneself from the elements, the right to eat in any public space in which having food is not prohibited, and the right to perform religious observances in public spaces, as specified. The bill would state the intent of the Legislature that these provisions be interpreted broadly so as to prohibit policies or practices that are discriminatory in either their purpose or effect. The bill would authorize a person whose rights have been violated pursuant to these provisions to enforce those rights in a civil action in which the court may award the prevailing plaintiff injunctive and declaratory relief, restitution, damages, statutory damages of $1,000 per violation, and fees and costs. The bill would also require all applicants for the United States Department of Housing and Urban Development’s Continuum of Care Homeless Assistance Program to annually provide to the Department of Housing and Community Development’s 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’s response to the application question regarding steps that its community is taking to reduce criminalization of homelessness. Because the bill would require local agencies to perform additional duties, it would impose a state-mandated local program. The bill would require the Department of Housing and Community Development to compile the information regarding community actions to reduce criminalization of homelessness found in those applications and provide a report to the Assembly Housing and Community Development Committee and the Senate Transportation and Housing Committee The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a) According to the United States Department of Housing and Urban Development’s 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. (b) According to the United States Department of Education, 284,086 schoolchildren were known to have experienced homelessness in the 2013–14 school year. (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. (d) Throughout California, local governments have enacted ordinances that make it illegal to rest or receive nourishment in public spaces. (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. (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. (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 funding competition, Competition provisions that would award additional points to any application that could include steps the community is taking to reduce criminalization of homelessness. (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. (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. (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. (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. (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. (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’s human rights and have called upon state and local governments to cease enactment and enforcement of those laws. (n) Homelessness and the increasing criminalization of homelessness and discrimination against those experiencing homelessness are widespread throughout California and are matters of statewide concern. (o) Section 1 of Article I of the California Constitution provides that “[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,” without qualification as to whether or not a person is, or appears to be, homeless. (p) Subdivision (a) of Section 7 of Article I of the California Constitution provides that “[a] person may not be deprived of life, liberty, or property without due process of law or denied equal protection of the laws ... .” (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. (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. SEC. 2. Part 2.2 (commencing with Section 53.8) is added to Division 1 of the Civil Code, to read: PART 2.2. Homeless Persons 53.8. For purposes of this part, the following definitions shall apply: (a) “Homeless persons,” “homeless people,” or “persons experiencing homelessness” 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. (b) “Public space” means any property that is owned by a government entity or any property upon 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. The 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. (c) “Rest” means the state of not moving, holding certain postures that include, but are not limited to, sitting, standing, leaning, kneeling, squatting, sleeping, or lying. 53.81. (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. (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: (1) Free movement without restraint. (2) Sleeping or resting, and protecting oneself from the elements while sleeping or resting in a nonobstructive manner. (3) Eating, sharing, accepting, or giving food in a space in which having food is not otherwise generally prohibited. (4) Praying, meditating, worshiping, or practicing religion. (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.). (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 rest. rest in public spaces as defined in subdivision (b) of Section 53.8. 53.82. (a) Any person whose rights have been violated pursuant to this part may enforce those rights in a civil action. (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’s fees and costs to a prevailing plaintiff. SEC. 3. Section 11139.2 is added to the Government Code, to read: 11139.2. To 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’s Continuum of Care Homeless Assistance Program shall annually provide to the Department of Housing and Community Development’s 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’s response to the application question regarding steps that its community is taking to reduce criminalization of homelessness. Notwithstanding 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. SEC. 4. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (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. (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. (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. (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. (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. (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. SEC. 2. Article 3 (commencing with Section 131230) is added to Chapter 2 of Part 1 of Division 112 of the Health and Safety Code, to read: Article 3. Electronic Violent Death Reporting System 131230. (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. (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. (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’s jurisdiction. (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: (i) The local agency entering into the agreement agrees to collect the data from the other local agencies. (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. (B) The other local agencies described in subparagraph (A) may also enter into their own agreements with the department pursuant to paragraph (1). (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. (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. (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’s National Violent Death Reporting System. (e) The department may apply for grants provided under the National Violent Death Reporting System for purposes of implementing this section. (f) The department may accept private or foundation moneys to implement this section. (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. 131231. For purposes of this article, “violent death” 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.

Existing law establishes the State Department of Public Health, which is responsible for various programs relating to the health and safety of people in the state, including licensing health facilities, regulating food and drug safety, and monitoring and preventing communicable and chronic diseases. This bill would, to the extent that funding is appropriated by the Legislature or available through private funds in each fiscal year, require the department to establish and maintain the California Electronic Violent Death Reporting System. The bill would further require the department to collect data on violent deaths, as specified, and to post on the department’s Internet Web site a summary and analysis of the collected data. The bill would authorize the department to enter into a contract, grant, or other agreement with a local agency to collect certain data, within the agency’s own jurisdiction or through other local agencies, as specified, and would authorize the department to apply for grants to implement these provisions. The bill would, to the extent that funding is available for this purpose, authorize a law enforcement agency to report to the department data on the circumstances surrounding all violent deaths from investigative reports and laboratory toxicology reports to be used by the department for the limited purpose of conducting public health surveillance and epidemiology. The bill would also make related legislative findings and declarations.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a) 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. (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. (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. (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. (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. (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. SEC. 2. Article 3 (commencing with Section 131230) is added to Chapter 2 of Part 1 of Division 112 of the Health and Safety Code, to read: Article 3. Electronic Violent Death Reporting System 131230. (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. (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. (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’s jurisdiction. (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: (i) The local agency entering into the agreement agrees to collect the data from the other local agencies. (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. (B) The other local agencies described in subparagraph (A) may also enter into their own agreements with the department pursuant to paragraph (1). (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. (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. (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’s National Violent Death Reporting System. (e) The department may apply for grants provided under the National Violent Death Reporting System for purposes of implementing this section. (f) The department may accept private or foundation moneys to implement this section. (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. 131231. For purposes of this article, “violent death” 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. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 510.5 is added to the Labor Code, to read: 510.5. (a) This section shall be known, and may be cited as, the Reliable Scheduling Act of 2016. (b) The provisions of this section are in addition to and independent of any other rights, remedies, or procedures available under any other law and do not diminish, alter, or negate any other legal rights, remedies, or procedures available to an aggrieved person. (c) For the purposes of this section, the following terms have the following meanings: (1) “Employee” means any individual except those exempt from the payment of an overtime rate of compensation for executive, administrative, and professional employees pursuant to wage orders by the Industrial Welfare Commission, as described in Section 515. (2) “Employer” means a grocery store establishment, a restaurant, or a retail store establishment. (3) “Grocery store establishment” means a physical store within the state that sells primarily household foodstuffs for offsite consumption, including, but not limited to, the sale of fresh produce, meats, poultry, fish, deli products, dairy products, canned foods, dry foods, beverages, and baked or prepared foods. Other household supplies or products are secondary to the primary purpose of food sales. (4) “Merchandise” means material goods or consumables. (5) (A) “Modification pay” means compensation in addition to an employee’s regular pay awarded for changes to an employee’s work schedule with less than seven days’ notice, as required in this section. (B) Modification pay shall be calculated based on an employee’s hourly wage. If the employee, in the 90 days of employment prior to earning modification pay, had different hourly rates, was paid by commission or piece rate, or was a nonexempt salaried employee, the rate of pay to be used to calculate modification pay shall be calculated by dividing the employee’s total wages, not including overtime premium pay, by the employee’s total hours worked in the full pay periods of the prior 90 days of employment. (6) “Restaurant” means any retail establishment serving food or beverages for onsite consumption, including, but not limited to, a restaurant, coffee shop, cafeteria, or café. (7) “Retail store establishment” means a physical store within the state with more than 50 percent of its revenue generated from merchandise subject to the state’s sales and use tax, including, but not limited to, electronics, appliances, clothing, furniture, sporting goods, health and personal products, or a limited line of food products for onsite consumption. (8) “Shift” means designated hours of work by an employee, with a designated beginning time and ending time. (9) “Work schedule” means a written or electronic document that lists all scheduled shifts for all employees for at least 21 consecutive calendar days. (d) (1) An employer shall provide its employees with a work schedule at least seven calendar days prior to the first shift on that work schedule. (2) An employer may create separate work schedules for each department. (3) All hours of work for all employees of an employer shall meet the definition of shift in subdivision (c). (4) This section shall not be construed to prohibit an employer from providing greater advance notice of an employee’s work schedule or changes in an employee’s work schedule. (5) This section shall not prohibit an employee from requesting additional or fewer hours of work. (e) An employer shall provide an employee with modification pay, per shift, for each previously scheduled shift that the employer cancels or moves to another date or time or for any previously unscheduled shift that the employer requires an employee to work as follows: (1) If less than seven days’ notice but more than 24 hours’ notice is given to the employee, the employee shall receive modification pay equal to or greater than one hour at the employee’s regular rate of pay. (2) If less than 24 hours’ notice is given to the employee, the employee shall receive modification pay equal to or greater than half of that shift’s scheduled hours at the employee’s regular rate of pay, but in no event for less than two hours nor more than four hours. (3) Modification pay required by this subdivision shall be in addition to an employee’s regular pay for working that shift. (f) Subdivision (e) shall not apply to changes in the scheduling of rest periods, recovery periods, or meal periods. (g) For each on-call shift for which an employee is required to be available but is not called in to work that shift, an employee shall receive modification pay equal to or greater than half of that shift’s scheduled hours at the employee’s regular rate of pay. (h) Subdivisions (e) and (g) shall not apply to shifts for which an employee is compensated with reporting time pay as required by any wage order of the Industrial Welfare Commission. (i) The requirements in subdivisions (e) and (g) shall not apply, and an employer shall not be deemed to have violated subdivision (e) or (g), under any of the following circumstances: (1) Operations cannot begin or continue due to threats to employees or property, or when civil authorities recommend that work not begin or continue. (2) Operations cannot begin or continue because public utilities fail to supply electricity, water, or gas or there is a failure in the public utilities or sewer system. (3) Operations cannot begin or continue due to an act of God or other cause not within the employer’s control, including, but not limited to, an earthquake or a state of emergency declared by a local government or the Governor. (4) Another employee previously scheduled to work that shift is unable to work due to illness, vacation, or employer-provided paid or unpaid time off required by existing law or bona fide collective bargaining agreement when the employer did not receive at least seven days’ notice of the other employee’s absence. (5) Another employee previously scheduled to work that shift has not reported to work on time, is fired, sent home as a disciplinary action, or told to stay at home as a disciplinary action. (6) Two employees have mutually agreed to trade shifts. (7) The employer requires the employee to work overtime, such as mandatory overtime. (j) (1) In each workplace of the employer, the employer shall display a poster in a conspicuous place containing all the information in paragraph (2). The Labor Commissioner shall create a poster containing the information in paragraph (2) and shall make it available to all employers. (2) The poster shall state all of the following: (A) An employee of an employer is entitled to modification pay. (B) The amount of modification pay provided for by this section. (C) An employee has the right under this section to file a complaint with the Labor Commissioner against an employer that retaliates or discriminates against the employee. (3) An employer that willfully violates paragraph (1) shall be subject to a civil penalty of not more than one hundred dollars ($100) for each offense. (k) An employer shall keep for at least three years records documenting the hours worked and modification pay awarded and shall allow the Labor Commissioner to access these records pursuant to the requirements in Section 1174. An employer shall make these records available to an employee in the same manner as described in Section 226. (l) (1) An employer shall not discharge, threaten to discharge, demote, suspend, or in any manner discriminate against an employee for filing a complaint with the appropriate enforcement agency or alleging a violation of this section, cooperating in an investigation or prosecution of an alleged violation of this section, or opposing any policy, practice or act that is prohibited by this section. (2) There shall be a rebuttable presumption of unlawful retaliation if an employer discharges, threatens to discharge, demotes, suspends, or in any manner discriminates against an employee within 30 days of any of the following: (A) The filing of a complaint by the employee with the Labor Commissioner or alleging a violation of this section. (B) The cooperation of an employee with an investigation or prosecution of an alleged violation of this section. (C) Opposition by the employee to a policy, practice, or act that is prohibited by this section. (m) The Labor Commissioner shall enforce this section, including investigating an alleged violation and ordering appropriate temporary relief to mitigate the violation or to maintain the status quo, pending the completion of a full investigation or hearing. (n) (1) If the Labor Commissioner, after a hearing that contains adequate safeguards to ensure that the parties are afforded due process, determines that a violation of this section has occurred, he or she may order any appropriate relief, including, but not limited to, reinstatement, backpay, the payment of modification pay unlawfully withheld, and the payment of an additional sum in the form of an administrative penalty, to an employee or other person whose rights under this section were violated. (2) If modification pay was unlawfully withheld, the dollar amount of modification pay withheld from the employee multiplied by three or two hundred fifty dollars ($250), whichever amount is greater, but not to exceed an aggregate penalty of four thousand dollars ($4,000), shall be included in the administrative penalty. (3) If a violation of this section results in other harm to the employee or person, such as discharge from employment, or otherwise results in a violation of the rights of the employee or person, the administrative penalty shall include a sum of fifty dollars ($50) for each day or portion thereof that the violation occurred or continued, not to exceed an aggregate penalty of four thousand dollars ($4,000). (o) Where prompt compliance by an employer is not forthcoming, the Labor Commissioner may take any appropriate enforcement action to secure compliance, including the filing of a civil action. In compensation to the state for the costs of investigating and remedying the violation, the commissioner may order the violating employer to pay to the state a sum of not more than fifty dollars ($50) for each day or portion of a day a violation occurs or continues for each employee or other person whose rights under this section were violated. (p) An employee or other person may report to the Labor Commissioner a suspected violation of this section. The commissioner shall encourage reporting pursuant to this subdivision by keeping confidential, to the maximum extent permitted by applicable law, the name and other identifying information of the employee or person reporting the violation. However, the commissioner may disclose that employee’s or person’s name and identifying information as necessary to enforce this section or for other appropriate purposes, upon the authorization of that employee or person. (q) The Labor Commissioner, the Attorney General, an employee or person aggrieved by a violation of this section, or an entity a member of which is aggrieved by a violation of this section may bring a civil action in a court of competent jurisdiction against the employer or other person violating this section and, upon prevailing, shall be entitled to collect legal or equitable relief on behalf of the aggrieved as may be appropriate to remedy the violation, including, but not limited to, reinstatement, backpay, the payment of modification pay unlawfully withheld, the payment of an additional sum, not to exceed an aggregate penalty of four thousand dollars ($4,000), as liquidated damages in the amount of fifty dollars ($50) to each employee or person whose rights under this section were violated for each day or portion thereof that the violation occurred or continued, plus, if the employer has unlawfully withheld modification pay to an employee, the dollar amount of modification pay withheld from the employee multiplied by three or two hundred fifty dollars ($250), whichever amount is greater, and reinstatement in employment or injunctive relief, and further shall be awarded reasonable attorney’s fees and costs, provided, however, that any person or entity enforcing this section on behalf of the public as provided for under applicable state law shall, upon prevailing, be entitled only to equitable, injunctive, or restitutionary relief, and reasonable attorney’s fees and costs. (r) In an administrative or civil action brought under this section, the Labor Commissioner or court, as the case may be, shall award interest on all amounts due and unpaid at the rate of interest specified in subdivision (b) of Section 3289 of the Civil Code. (s) The remedies, penalties, and procedures provided under this section are cumulative. (t) The Labor Commissioner may promulgate all regulations and rules of practice and procedures necessary to carry out the provisions of this section. (u) A violation of this section shall not be a misdemeanor under Section 553. SECTION 1. Section 600 of the Labor Code is amended to read: 600. As used in this chapter, unless the context otherwise indicates, the following definitions shall apply: (a)“Railroad” means any steam railroad, electric railroad, or railway, operated in whole or in part in this state. (b)“Railroad corporation” means a corporation or receiver operating a railroad. (c)“Trainman” means a conductor, motorman, engineer, fireman, brakeman, train dispatcher, or telegraph operator, employed by or working in connection with a railroad.

Existing law governs the relationship between an employer and an employee with regard to hiring, promotion, discipline, wages and hours, working conditions, and administrative and judicial remedies. Existing law authorizes the Labor Commissioner to investigate employee complaints and to conduct a hearing in any action to recover wages, penalties, and other demands for compensation. This bill would require an employer, which includes a grocery store establishment, restaurant, or retail store establishment, to provide its employees with a work schedule at least 7 calendar days prior to the first shift on that work schedule, except as specified. The bill would require an employer, except as specified, to pay its employees modification pay for each previously scheduled shift that the employer cancels or moves to another date or time, for any previously unscheduled shift that the employer requires an employee to work, or for each on-call shift for which an employee is required to be available but is not called in to work that shift. The bill would require an employer to post a poster containing specified information regarding an employee’s right to receive modification pay and would require the Labor Commissioner to create the poster and make it available. The bill would define terms for those purposes, including, among others, a grocery store establishment, restaurant, or retail store establishment. The bill would require the Labor Commissioner to enforce these requirements, including the investigation, mitigation, and relief of violations of these requirements. The bill would authorize the Labor Commissioner to impose specified administrative fines for violations and would authorize the commissioner, the Attorney General, an employee or person aggrieved by a violation of these provisions, or an entity a member of which is aggrieved by a violation of these provisions to recover specified civil penalties against an offender who violated these provisions on behalf of the aggrieved, as well as attorney’s fees, costs, and interest. The bill would not apply to certain categories of employees who meet specified requirements. Existing law regulates railroad employee hours, and sets forth various penalties for violation of those provisions. This bill would make nonsubstantive changes to those provisions.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 510.5 is added to the Labor Code, to read: 510.5. (a) This section shall be known, and may be cited as, the Reliable Scheduling Act of 2016. (b) The provisions of this section are in addition to and independent of any other rights, remedies, or procedures available under any other law and do not diminish, alter, or negate any other legal rights, remedies, or procedures available to an aggrieved person. (c) For the purposes of this section, the following terms have the following meanings: (1) “Employee” means any individual except those exempt from the payment of an overtime rate of compensation for executive, administrative, and professional employees pursuant to wage orders by the Industrial Welfare Commission, as described in Section 515. (2) “Employer” means a grocery store establishment, a restaurant, or a retail store establishment. (3) “Grocery store establishment” means a physical store within the state that sells primarily household foodstuffs for offsite consumption, including, but not limited to, the sale of fresh produce, meats, poultry, fish, deli products, dairy products, canned foods, dry foods, beverages, and baked or prepared foods. Other household supplies or products are secondary to the primary purpose of food sales. (4) “Merchandise” means material goods or consumables. (5) (A) “Modification pay” means compensation in addition to an employee’s regular pay awarded for changes to an employee’s work schedule with less than seven days’ notice, as required in this section. (B) Modification pay shall be calculated based on an employee’s hourly wage. If the employee, in the 90 days of employment prior to earning modification pay, had different hourly rates, was paid by commission or piece rate, or was a nonexempt salaried employee, the rate of pay to be used to calculate modification pay shall be calculated by dividing the employee’s total wages, not including overtime premium pay, by the employee’s total hours worked in the full pay periods of the prior 90 days of employment. (6) “Restaurant” means any retail establishment serving food or beverages for onsite consumption, including, but not limited to, a restaurant, coffee shop, cafeteria, or café. (7) “Retail store establishment” means a physical store within the state with more than 50 percent of its revenue generated from merchandise subject to the state’s sales and use tax, including, but not limited to, electronics, appliances, clothing, furniture, sporting goods, health and personal products, or a limited line of food products for onsite consumption. (8) “Shift” means designated hours of work by an employee, with a designated beginning time and ending time. (9) “Work schedule” means a written or electronic document that lists all scheduled shifts for all employees for at least 21 consecutive calendar days. (d) (1) An employer shall provide its employees with a work schedule at least seven calendar days prior to the first shift on that work schedule. (2) An employer may create separate work schedules for each department. (3) All hours of work for all employees of an employer shall meet the definition of shift in subdivision (c). (4) This section shall not be construed to prohibit an employer from providing greater advance notice of an employee’s work schedule or changes in an employee’s work schedule. (5) This section shall not prohibit an employee from requesting additional or fewer hours of work. (e) An employer shall provide an employee with modification pay, per shift, for each previously scheduled shift that the employer cancels or moves to another date or time or for any previously unscheduled shift that the employer requires an employee to work as follows: (1) If less than seven days’ notice but more than 24 hours’ notice is given to the employee, the employee shall receive modification pay equal to or greater than one hour at the employee’s regular rate of pay. (2) If less than 24 hours’ notice is given to the employee, the employee shall receive modification pay equal to or greater than half of that shift’s scheduled hours at the employee’s regular rate of pay, but in no event for less than two hours nor more than four hours. (3) Modification pay required by this subdivision shall be in addition to an employee’s regular pay for working that shift. (f) Subdivision (e) shall not apply to changes in the scheduling of rest periods, recovery periods, or meal periods. (g) For each on-call shift for which an employee is required to be available but is not called in to work that shift, an employee shall receive modification pay equal to or greater than half of that shift’s scheduled hours at the employee’s regular rate of pay. (h) Subdivisions (e) and (g) shall not apply to shifts for which an employee is compensated with reporting time pay as required by any wage order of the Industrial Welfare Commission. (i) The requirements in subdivisions (e) and (g) shall not apply, and an employer shall not be deemed to have violated subdivision (e) or (g), under any of the following circumstances: (1) Operations cannot begin or continue due to threats to employees or property, or when civil authorities recommend that work not begin or continue. (2) Operations cannot begin or continue because public utilities fail to supply electricity, water, or gas or there is a failure in the public utilities or sewer system. (3) Operations cannot begin or continue due to an act of God or other cause not within the employer’s control, including, but not limited to, an earthquake or a state of emergency declared by a local government or the Governor. (4) Another employee previously scheduled to work that shift is unable to work due to illness, vacation, or employer-provided paid or unpaid time off required by existing law or bona fide collective bargaining agreement when the employer did not receive at least seven days’ notice of the other employee’s absence. (5) Another employee previously scheduled to work that shift has not reported to work on time, is fired, sent home as a disciplinary action, or told to stay at home as a disciplinary action. (6) Two employees have mutually agreed to trade shifts. (7) The employer requires the employee to work overtime, such as mandatory overtime. (j) (1) In each workplace of the employer, the employer shall display a poster in a conspicuous place containing all the information in paragraph (2). The Labor Commissioner shall create a poster containing the information in paragraph (2) and shall make it available to all employers. (2) The poster shall state all of the following: (A) An employee of an employer is entitled to modification pay. (B) The amount of modification pay provided for by this section. (C) An employee has the right under this section to file a complaint with the Labor Commissioner against an employer that retaliates or discriminates against the employee. (3) An employer that willfully violates paragraph (1) shall be subject to a civil penalty of not more than one hundred dollars ($100) for each offense. (k) An employer shall keep for at least three years records documenting the hours worked and modification pay awarded and shall allow the Labor Commissioner to access these records pursuant to the requirements in Section 1174. An employer shall make these records available to an employee in the same manner as described in Section 226. (l) (1) An employer shall not discharge, threaten to discharge, demote, suspend, or in any manner discriminate against an employee for filing a complaint with the appropriate enforcement agency or alleging a violation of this section, cooperating in an investigation or prosecution of an alleged violation of this section, or opposing any policy, practice or act that is prohibited by this section. (2) There shall be a rebuttable presumption of unlawful retaliation if an employer discharges, threatens to discharge, demotes, suspends, or in any manner discriminates against an employee within 30 days of any of the following: (A) The filing of a complaint by the employee with the Labor Commissioner or alleging a violation of this section. (B) The cooperation of an employee with an investigation or prosecution of an alleged violation of this section. (C) Opposition by the employee to a policy, practice, or act that is prohibited by this section. (m) The Labor Commissioner shall enforce this section, including investigating an alleged violation and ordering appropriate temporary relief to mitigate the violation or to maintain the status quo, pending the completion of a full investigation or hearing. (n) (1) If the Labor Commissioner, after a hearing that contains adequate safeguards to ensure that the parties are afforded due process, determines that a violation of this section has occurred, he or she may order any appropriate relief, including, but not limited to, reinstatement, backpay, the payment of modification pay unlawfully withheld, and the payment of an additional sum in the form of an administrative penalty, to an employee or other person whose rights under this section were violated. (2) If modification pay was unlawfully withheld, the dollar amount of modification pay withheld from the employee multiplied by three or two hundred fifty dollars ($250), whichever amount is greater, but not to exceed an aggregate penalty of four thousand dollars ($4,000), shall be included in the administrative penalty. (3) If a violation of this section results in other harm to the employee or person, such as discharge from employment, or otherwise results in a violation of the rights of the employee or person, the administrative penalty shall include a sum of fifty dollars ($50) for each day or portion thereof that the violation occurred or continued, not to exceed an aggregate penalty of four thousand dollars ($4,000). (o) Where prompt compliance by an employer is not forthcoming, the Labor Commissioner may take any appropriate enforcement action to secure compliance, including the filing of a civil action. In compensation to the state for the costs of investigating and remedying the violation, the commissioner may order the violating employer to pay to the state a sum of not more than fifty dollars ($50) for each day or portion of a day a violation occurs or continues for each employee or other person whose rights under this section were violated. (p) An employee or other person may report to the Labor Commissioner a suspected violation of this section. The commissioner shall encourage reporting pursuant to this subdivision by keeping confidential, to the maximum extent permitted by applicable law, the name and other identifying information of the employee or person reporting the violation. However, the commissioner may disclose that employee’s or person’s name and identifying information as necessary to enforce this section or for other appropriate purposes, upon the authorization of that employee or person. (q) The Labor Commissioner, the Attorney General, an employee or person aggrieved by a violation of this section, or an entity a member of which is aggrieved by a violation of this section may bring a civil action in a court of competent jurisdiction against the employer or other person violating this section and, upon prevailing, shall be entitled to collect legal or equitable relief on behalf of the aggrieved as may be appropriate to remedy the violation, including, but not limited to, reinstatement, backpay, the payment of modification pay unlawfully withheld, the payment of an additional sum, not to exceed an aggregate penalty of four thousand dollars ($4,000), as liquidated damages in the amount of fifty dollars ($50) to each employee or person whose rights under this section were violated for each day or portion thereof that the violation occurred or continued, plus, if the employer has unlawfully withheld modification pay to an employee, the dollar amount of modification pay withheld from the employee multiplied by three or two hundred fifty dollars ($250), whichever amount is greater, and reinstatement in employment or injunctive relief, and further shall be awarded reasonable attorney’s fees and costs, provided, however, that any person or entity enforcing this section on behalf of the public as provided for under applicable state law shall, upon prevailing, be entitled only to equitable, injunctive, or restitutionary relief, and reasonable attorney’s fees and costs. (r) In an administrative or civil action brought under this section, the Labor Commissioner or court, as the case may be, shall award interest on all amounts due and unpaid at the rate of interest specified in subdivision (b) of Section 3289 of the Civil Code. (s) The remedies, penalties, and procedures provided under this section are cumulative. (t) The Labor Commissioner may promulgate all regulations and rules of practice and procedures necessary to carry out the provisions of this section. (u) A violation of this section shall not be a misdemeanor under Section 553. SECTION 1. Section 600 of the Labor Code is amended to read: 600. As used in this chapter, unless the context otherwise indicates, the following definitions shall apply: (a)“Railroad” means any steam railroad, electric railroad, or railway, operated in whole or in part in this state. (b)“Railroad corporation” means a corporation or receiver operating a railroad. (c)“Trainman” means a conductor, motorman, engineer, fireman, brakeman, train dispatcher, or telegraph operator, employed by or working in connection with a railroad. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a) California is experiencing an extreme housing shortage with 2.2 million extremely low income and very low income renter households competing for only 664,000 affordable rental homes. This leaves more than 1.54 million of California’s lowest income households without access to affordable housing. (b) While homelessness across the United States is in an overall decline, homelessness in California is rising. In 2015, California had 115,738 homeless people, which accounted for 21 percent of the nation’s homeless population. This is an increase of 1.6 percent from the prior year. California also had the highest rate of unsheltered people, at 64 percent or 73,699 people; the largest numbers of unaccompanied homeless children and youth, at 10,416 people or 28 percent of the national total; the largest number of veterans experiencing homelessness, at 11,311 or 24 percent of the national homeless veteran population; and the second largest number of people in families with chronic patterns of homelessness, at 22,582 or 11 percent of the state’s homeless family population. (c) California is home to 21 of the 30 most expensive rental housing markets in the country, which has had a disproportionate impact on the middle class and the working poor. California requires the third highest wage in the country to afford housing, behind Hawaii and Washington, D.C. The fair market rent, which indicates the amount of money that a given property would require if it were open for leasing, for a two-bedroom apartment is $1,386. To afford this level of rent and utilities, without paying more than 30 percent of income on housing, a household must earn an hourly “housing wage” of $26.65 per hour. This means that a person earning minimum wage must work an average of three jobs to pay the rent for a two-bedroom unit. In some areas of the state, these numbers are even higher. (d) Low-income families are forced to spend more and more of their income on rent, which leaves little else for other basic necessities. Many renters must postpone or forgo home ownership, live in more crowded housing, commute further to work, or, in some cases, choose to live and work elsewhere. (e) California has seen a significant reduction of state funding in recent years. The funds from Proposition 46 of 2002 and Proposition 1C of 2006, totaling nearly $5 billion for a variety of affordable housing programs, have been expended. Combined with the loss of redevelopment funds, $1.5 billion of annual state investment dedicated to housing has been lost, leaving several critical housing programs unfunded. (f) High housing costs and the shortage of housing stock in California directly affect the future health of California’s economy and, given the staggering numbers indicated above, bold action is necessary. Investment in existing and successful housing programs to expand the state’s housing stock should benefit California’s homeless and low-income earners, as well as some of the state’s most vulnerable populations, including foster and at-risk youth, persons with developmental and physical disabilities, farmworkers, the elderly, single parents with children, and survivors of domestic violence. Investments should also be made in housing for Medi-Cal recipients served through a county’s Section 1115 Waiver Whole Person Care Pilot program and family day care providers. (g) Investment in housing creates jobs and provides local benefits. The estimated one-year impacts of building 100 rental apartments in a typical local area include $11.7 million in local income, $2.2 million in taxes and other revenue for local governments, and 161 local jobs or 1.62 jobs per apartment. The additional annually recurring impacts of building 100 rental apartments in a typical local area include $2.6 million in local income, $503,000 in taxes and other revenue for local governments, and 44 local jobs or .44 jobs per apartment. SEC. 2. Part 16 (commencing with Section 54000) is added to Division 31 of the Health and Safety Code, to read: PART 16. Affordable Housing Bond Act of 2018 CHAPTER 1. General Provisions 54000. This part shall be known, and may be cited, as the Affordable Housing Bond Act of 2018. 54002. As used in this part, the following terms have the following meanings: (a) “Board” means the Department of Housing and Community Development for programs administered by the department, and the California Housing Finance Agency for programs administered by the agency. (b) “Committee” means the Housing Finance Committee created pursuant to Section 53524 and continued in existence pursuant to Sections 53548 and 54014. (c) “Fund” means the Affordable Housing Bond Act Trust Fund of 2018 created pursuant to Section 54006. 54004. This part shall only become operative upon adoption by the voters at the November 6, 2018, statewide general election. CHAPTER 2. Affordable Housing Bond Act Trust Fund of 2018 and Program 54006. The Affordable Housing Bond Act Trust Fund of 2018 is hereby created within the State Treasury. It is the intent of the Legislature that the proceeds of bonds deposited in the fund shall be used to fund the housing-related programs described in this chapter. The proceeds of bonds issued and sold pursuant to this part for the purposes specified in this chapter shall be allocated in the following manner: (a) One billion five hundred million dollars ($1,500,000,000) to be deposited in the Multifamily Housing Account, which is hereby created in the fund. Upon appropriation by the Legislature, the moneys in the account may be appropriated for the Multifamily Housing Program authorized by Chapter 6.7 (commencing with Section 50675) of Part 2, to be expended to assist in the new construction, rehabilitation, and preservation of permanent and transitional rental housing for persons with incomes of up to 60 percent of the area median income (AMI). (b) Six hundred million dollars ($600,000,000) to be deposited in the Transit-Oriented Development and Infill Infrastructure Account, which is hereby created within the fund. The moneys in the account shall be used for the following purposes: (1) Three Two hundred million dollars ($300,000,000) ($200,000,000) to be deposited into the Transit-Oriented Development Implementation Fund, established pursuant to Section 53561, for expenditure, upon appropriation by the Legislature, pursuant to the Transit-Oriented Development Implementation Program authorized by Part 13 (commencing with Section 53560) to provide local assistance to cities, counties, cities and counties, transit agencies, and developers for the purpose of developing or facilitating the development of higher density uses within close proximity to transit stations that will increase public transit ridership. These funds may also be expended for any authorized purpose of this program. (2) Three hundred million dollars ($300,000,000) to be deposited in the Infill Infrastructure Financing Account, which is hereby created within the fund. Moneys in the account shall be available, upon appropriation by the Legislature, for infill incentive grants to assist in the new construction and rehabilitation of infrastructure that supports high-density affordable and mixed-income housing in locations designated as infill, including, but not limited to, any of the following: (A) Park creation, development, or rehabilitation to encourage infill development. (B) Water, sewer, or other public infrastructure costs associated with infill development. (C) Transportation improvements related to infill development projects. (D) Traffic mitigation. These funds may also be expended for any authorized purpose of this program. (3) One hundred million dollars ($100,000,000) to be deposited into the Building Equity and Growth in Neighborhoods (BEGIN) Program Fund, established pursuant to Section 50860, for expenditure, upon appropriation by the Legislature, pursuant to the BEGIN Program authorized by Chapter 14.5 (commencing with Section 50860) of Part 2 to make grants to qualifying cities, counties, or cities and counties that shall be used for downpayment assistance to qualifying first-time home buyers or low- and moderate-income buyers purchasing newly constructed homes in a BEGIN project. These funds may also be expended for any authorized purpose of this program. (c) Six hundred million dollars ($600,000,000) to be deposited in the Special Populations Housing Account, which is hereby created within the fund. The moneys in the account shall be used for the following purposes: (1) Three hundred million dollars ($300,000,000) to be deposited in the Joe Serna, Jr. Farmworker Housing Grant Fund, established pursuant to Section 50517.5, for expenditure, upon appropriation by the Legislature, to fund grants or loans, or both, for local public entities, nonprofit corporations, limited liability companies, and limited partnerships, for the construction or rehabilitation of housing for agricultural employees and their families or for the acquisition of manufactured housing as part of a program to address and remedy the impacts of current and potential displacement of farmworker families from existing labor camps, mobilehome parks, or other housing. These funds may also be expended for any authorized purpose of this program. (2) Three hundred million dollars ($300,000,000) to be deposited in the Local Housing Trust Matching Grant Program Account, which is hereby created within the fund. Moneys in the account shall be available, upon appropriation by the Legislature, to fund competitive grants or loans to local housing trust funds that develop, own, lend, or invest in affordable housing and used to create pilot programs to demonstrate innovative, cost-saving approaches to creating or preserving affordable housing. Local housing trust funds shall be derived on an ongoing basis from private contribution or governmental sources that are not otherwise restricted in use for housing programs. These funds may also be expended for any authorized purpose of this program. (d) Three hundred million dollars ($300,000,000) to be deposited in the Home Ownership Development Account, which is hereby created within the fund. The moneys in the account shall be, upon appropriation by the Legislature, available for the CalHome Program authorized by Chapter 6 (commencing with Section 50650) of Part 2, to provide direct, forgivable loans to assist development projects involving multiple home ownership units, including single-family subdivisions, for self-help mortgage assistance programs, and for manufactured homes. These funds may also be expended for any authorized purpose of this program. 54008. (a) The Legislature may, from time to time, amend any law related to programs to which funds are, or have been, allocated pursuant to this chapter for the purposes of improving the efficiency and effectiveness of those programs or to further the goals of those programs. (b) The Legislature may amend this chapter to reallocate the proceeds of bonds issued and sold pursuant to this part among the programs to which funds are to be allocated pursuant to this chapter as necessary to effectively promote the development of affordable housing in this state. CHAPTER 3. Fiscal Provisions 54010. Bonds in the total amount of three billion dollars ($3,000,000,000), exclusive of refunding bonds issued pursuant to Section 54026, or so much thereof as is necessary as determined by the committee, are hereby authorized to be issued and sold for carrying out the purposes expressed in this part and to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. All bonds herein authorized which have been duly issued, sold, and delivered as provided herein shall constitute valid and binding general obligations of the state, and the full faith and credit of the state is hereby pledged for the punctual payment of both principal of and interest on those bonds when due. 54012. The bonds authorized by this part 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 of the Government Code), except subdivisions (a) and (b) of Section 16727 of the Government Code to the extent that those provisions are inconsistent with this part, and all of the provisions of that law as amended from time to time apply to the bonds and to this part, except as provided in Section 54028, and are hereby incorporated in this part as though set forth in full in this part. 54014. (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 part, the committee is continued in existence. For the purposes of this part, the Housing Finance Committee is “the committee” as that term is used in the State General Obligation Bond Law. (b) The committee may adopt guidelines establishing requirements for administration of its financing programs to the extent necessary to protect the validity of, and tax exemption for, interest on the bonds. The guidelines shall not constitute rules, regulations, orders, or standards of general application and are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (c) For the purposes of the State General Obligation Bond Law, the Department of Housing and Community Development is designated the “board” for programs administered by the department, and the California Housing Finance Agency is the “board” for programs administered by the agency. 54016. Upon request of the board stating that funds are needed for purposes of this part, the committee shall determine whether or not it is necessary or desirable to issue bonds authorized pursuant to this part in order to carry out the actions specified in Section 54006, 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 are not required to be sold at any one time. Bonds may bear interest subject to federal income tax. 54018. There shall be collected annually, in the same manner and at the same time as other state revenue is collected, a sum of money in addition to the ordinary revenues of the state, sufficient 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 collections of state revenues to do or perform each and every act which is necessary to collect that additional sum. 54020. Notwithstanding Section 13340 of the Government Code, there is hereby appropriated from the General Fund in the State Treasury, for the purposes of this part, an amount that will equal the total of both of the following: (a) The sum annually necessary to pay the principal of, and interest on, bonds issued and sold pursuant to this part, as the principal and interest become due and payable. (b) The sum which is necessary to carry out Section 54024, appropriated without regard to fiscal years. 54022. The board may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account, in accordance with Section 16312 of the Government Code, for purposes of this part. The amount of the request shall not exceed the amount of the unsold bonds that the committee has, by resolution, authorized to be sold, excluding any refunding bonds authorized pursuant to Section 54026, for purposes of this part, less any amount withdrawn pursuant to Section 54024. The board shall execute any documents as required by the Pooled Money Investment Board to obtain and repay the loan. Any amount loaned shall be deposited in the fund to be allocated in accordance with this part. 54024. For purposes of carrying out this part, the Director of Finance may, by executive order, authorize the withdrawal from the General Fund of any amount or amounts not to exceed the amount of the unsold bonds that the committee has, by resolution, authorized to be sold, excluding any refunding bonds authorized pursuant to Section 54026, for purposes of this part, less any amount withdrawn pursuant to Section 54022. Any amounts withdrawn shall be deposited in the fund to be allocated in accordance with this part. Any moneys made available under this section shall be returned to the General Fund, plus the interest that the amounts would have earned in the Pooled Money Investment Account, from moneys received from the sale of bonds which would otherwise be deposited in that fund. 54026. The 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 of the Government Code. Approval by the electors of this act shall constitute approval of any refunding bonds issued to refund bonds issued pursuant to this part, including any prior issued refunding bonds. Any bond refunded with the proceeds of a refunding bond as authorized by this section may be legally defeased to the extent permitted by law in the manner and to the extent set forth in the resolution, as amended from time to time, authorizing that refunded bond. 54028. Notwithstanding any provisions in the State General Obligation Bond Law, the maturity date of any bonds authorized by this part shall not be later than 35 years from the date of each such bond. The maturity of each series shall be calculated from the date of each series. 54030. The Legislature hereby finds and declares that, inasmuch as the proceeds from the sale of bonds authorized by this part are not “proceeds of taxes” 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. 54032. Notwithstanding any provision of the State General Obligation Bond Law with regard to the proceeds from the sale of bonds authorized by this part that are subject to investment under Article 4 (commencing with Section 16470) of Chapter 3 of Part 2 of Division 4 of Title 2 of the Government Code, the Treasurer may maintain a separate account for investment earnings, may order the payment of those earnings to comply with any rebate requirement applicable under federal law, and may otherwise direct the use and investment of those proceeds so as to maintain the tax-exempt status of tax-exempt bonds and to obtain any other advantage under federal law on behalf of the funds of this state. 54034. All moneys derived from premiums and accrued interest on bonds sold pursuant to this part shall be transferred to the General Fund as a credit to expenditures for bond interest; provided, however, that amounts derived from premiums may be reserved and used to pay the costs of issuance of the related bonds prior to transfer to the General Fund. SEC. 3. Section 2 of this act shall become operative upon the adoption by the voters of the Affordable Housing Bond Act of 2018. SEC. 4. Section 2 of this act shall be submitted by the Secretary of State to the voters at the November 6, 2018, statewide general election. SEC. 5. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to maximize the time available for the analysis and preparation of the bond act proposed by Section 2 of this act, it is necessary that this act take effect immediately.

Under existing law, there are programs providing assistance for, among other things, emergency housing, multifamily housing, farmworker housing, home ownership for very low and low-income households, and downpayment assistance for first-time home buyers. Existing law also authorizes the issuance of bonds in specified amounts pursuant to the State General Obligation Bond Law and requires that proceeds from the sale of these bonds be used to finance various existing housing programs, capital outlay related to infill development, brownfield cleanup that promotes infill development, and housing-related parks. This bill would enact the Affordable Housing Bond Act of 2018, which, if adopted, would authorize the issuance of bonds in the amount of $3,000,000,000 pursuant to the State General Obligation Bond Law. Proceeds from the sale of these bonds would be used to finance various existing housing programs, as well as infill infrastructure financing and affordable housing matching grant programs, as provided. The bill would provide for submission of the bond act to the voters at the November 6, 2018, statewide general election in accordance with specified law. This bill would declare that it is to take effect immediately as an urgency statute.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a) California is experiencing an extreme housing shortage with 2.2 million extremely low income and very low income renter households competing for only 664,000 affordable rental homes. This leaves more than 1.54 million of California’s lowest income households without access to affordable housing. (b) While homelessness across the United States is in an overall decline, homelessness in California is rising. In 2015, California had 115,738 homeless people, which accounted for 21 percent of the nation’s homeless population. This is an increase of 1.6 percent from the prior year. California also had the highest rate of unsheltered people, at 64 percent or 73,699 people; the largest numbers of unaccompanied homeless children and youth, at 10,416 people or 28 percent of the national total; the largest number of veterans experiencing homelessness, at 11,311 or 24 percent of the national homeless veteran population; and the second largest number of people in families with chronic patterns of homelessness, at 22,582 or 11 percent of the state’s homeless family population. (c) California is home to 21 of the 30 most expensive rental housing markets in the country, which has had a disproportionate impact on the middle class and the working poor. California requires the third highest wage in the country to afford housing, behind Hawaii and Washington, D.C. The fair market rent, which indicates the amount of money that a given property would require if it were open for leasing, for a two-bedroom apartment is $1,386. To afford this level of rent and utilities, without paying more than 30 percent of income on housing, a household must earn an hourly “housing wage” of $26.65 per hour. This means that a person earning minimum wage must work an average of three jobs to pay the rent for a two-bedroom unit. In some areas of the state, these numbers are even higher. (d) Low-income families are forced to spend more and more of their income on rent, which leaves little else for other basic necessities. Many renters must postpone or forgo home ownership, live in more crowded housing, commute further to work, or, in some cases, choose to live and work elsewhere. (e) California has seen a significant reduction of state funding in recent years. The funds from Proposition 46 of 2002 and Proposition 1C of 2006, totaling nearly $5 billion for a variety of affordable housing programs, have been expended. Combined with the loss of redevelopment funds, $1.5 billion of annual state investment dedicated to housing has been lost, leaving several critical housing programs unfunded. (f) High housing costs and the shortage of housing stock in California directly affect the future health of California’s economy and, given the staggering numbers indicated above, bold action is necessary. Investment in existing and successful housing programs to expand the state’s housing stock should benefit California’s homeless and low-income earners, as well as some of the state’s most vulnerable populations, including foster and at-risk youth, persons with developmental and physical disabilities, farmworkers, the elderly, single parents with children, and survivors of domestic violence. Investments should also be made in housing for Medi-Cal recipients served through a county’s Section 1115 Waiver Whole Person Care Pilot program and family day care providers. (g) Investment in housing creates jobs and provides local benefits. The estimated one-year impacts of building 100 rental apartments in a typical local area include $11.7 million in local income, $2.2 million in taxes and other revenue for local governments, and 161 local jobs or 1.62 jobs per apartment. The additional annually recurring impacts of building 100 rental apartments in a typical local area include $2.6 million in local income, $503,000 in taxes and other revenue for local governments, and 44 local jobs or .44 jobs per apartment. SEC. 2. Part 16 (commencing with Section 54000) is added to Division 31 of the Health and Safety Code, to read: PART 16. Affordable Housing Bond Act of 2018 CHAPTER 1. General Provisions 54000. This part shall be known, and may be cited, as the Affordable Housing Bond Act of 2018. 54002. As used in this part, the following terms have the following meanings: (a) “Board” means the Department of Housing and Community Development for programs administered by the department, and the California Housing Finance Agency for programs administered by the agency. (b) “Committee” means the Housing Finance Committee created pursuant to Section 53524 and continued in existence pursuant to Sections 53548 and 54014. (c) “Fund” means the Affordable Housing Bond Act Trust Fund of 2018 created pursuant to Section 54006. 54004. This part shall only become operative upon adoption by the voters at the November 6, 2018, statewide general election. CHAPTER 2. Affordable Housing Bond Act Trust Fund of 2018 and Program 54006. The Affordable Housing Bond Act Trust Fund of 2018 is hereby created within the State Treasury. It is the intent of the Legislature that the proceeds of bonds deposited in the fund shall be used to fund the housing-related programs described in this chapter. The proceeds of bonds issued and sold pursuant to this part for the purposes specified in this chapter shall be allocated in the following manner: (a) One billion five hundred million dollars ($1,500,000,000) to be deposited in the Multifamily Housing Account, which is hereby created in the fund. Upon appropriation by the Legislature, the moneys in the account may be appropriated for the Multifamily Housing Program authorized by Chapter 6.7 (commencing with Section 50675) of Part 2, to be expended to assist in the new construction, rehabilitation, and preservation of permanent and transitional rental housing for persons with incomes of up to 60 percent of the area median income (AMI). (b) Six hundred million dollars ($600,000,000) to be deposited in the Transit-Oriented Development and Infill Infrastructure Account, which is hereby created within the fund. The moneys in the account shall be used for the following purposes: (1) Three Two hundred million dollars ($300,000,000) ($200,000,000) to be deposited into the Transit-Oriented Development Implementation Fund, established pursuant to Section 53561, for expenditure, upon appropriation by the Legislature, pursuant to the Transit-Oriented Development Implementation Program authorized by Part 13 (commencing with Section 53560) to provide local assistance to cities, counties, cities and counties, transit agencies, and developers for the purpose of developing or facilitating the development of higher density uses within close proximity to transit stations that will increase public transit ridership. These funds may also be expended for any authorized purpose of this program. (2) Three hundred million dollars ($300,000,000) to be deposited in the Infill Infrastructure Financing Account, which is hereby created within the fund. Moneys in the account shall be available, upon appropriation by the Legislature, for infill incentive grants to assist in the new construction and rehabilitation of infrastructure that supports high-density affordable and mixed-income housing in locations designated as infill, including, but not limited to, any of the following: (A) Park creation, development, or rehabilitation to encourage infill development. (B) Water, sewer, or other public infrastructure costs associated with infill development. (C) Transportation improvements related to infill development projects. (D) Traffic mitigation. These funds may also be expended for any authorized purpose of this program. (3) One hundred million dollars ($100,000,000) to be deposited into the Building Equity and Growth in Neighborhoods (BEGIN) Program Fund, established pursuant to Section 50860, for expenditure, upon appropriation by the Legislature, pursuant to the BEGIN Program authorized by Chapter 14.5 (commencing with Section 50860) of Part 2 to make grants to qualifying cities, counties, or cities and counties that shall be used for downpayment assistance to qualifying first-time home buyers or low- and moderate-income buyers purchasing newly constructed homes in a BEGIN project. These funds may also be expended for any authorized purpose of this program. (c) Six hundred million dollars ($600,000,000) to be deposited in the Special Populations Housing Account, which is hereby created within the fund. The moneys in the account shall be used for the following purposes: (1) Three hundred million dollars ($300,000,000) to be deposited in the Joe Serna, Jr. Farmworker Housing Grant Fund, established pursuant to Section 50517.5, for expenditure, upon appropriation by the Legislature, to fund grants or loans, or both, for local public entities, nonprofit corporations, limited liability companies, and limited partnerships, for the construction or rehabilitation of housing for agricultural employees and their families or for the acquisition of manufactured housing as part of a program to address and remedy the impacts of current and potential displacement of farmworker families from existing labor camps, mobilehome parks, or other housing. These funds may also be expended for any authorized purpose of this program. (2) Three hundred million dollars ($300,000,000) to be deposited in the Local Housing Trust Matching Grant Program Account, which is hereby created within the fund. Moneys in the account shall be available, upon appropriation by the Legislature, to fund competitive grants or loans to local housing trust funds that develop, own, lend, or invest in affordable housing and used to create pilot programs to demonstrate innovative, cost-saving approaches to creating or preserving affordable housing. Local housing trust funds shall be derived on an ongoing basis from private contribution or governmental sources that are not otherwise restricted in use for housing programs. These funds may also be expended for any authorized purpose of this program. (d) Three hundred million dollars ($300,000,000) to be deposited in the Home Ownership Development Account, which is hereby created within the fund. The moneys in the account shall be, upon appropriation by the Legislature, available for the CalHome Program authorized by Chapter 6 (commencing with Section 50650) of Part 2, to provide direct, forgivable loans to assist development projects involving multiple home ownership units, including single-family subdivisions, for self-help mortgage assistance programs, and for manufactured homes. These funds may also be expended for any authorized purpose of this program. 54008. (a) The Legislature may, from time to time, amend any law related to programs to which funds are, or have been, allocated pursuant to this chapter for the purposes of improving the efficiency and effectiveness of those programs or to further the goals of those programs. (b) The Legislature may amend this chapter to reallocate the proceeds of bonds issued and sold pursuant to this part among the programs to which funds are to be allocated pursuant to this chapter as necessary to effectively promote the development of affordable housing in this state. CHAPTER 3. Fiscal Provisions 54010. Bonds in the total amount of three billion dollars ($3,000,000,000), exclusive of refunding bonds issued pursuant to Section 54026, or so much thereof as is necessary as determined by the committee, are hereby authorized to be issued and sold for carrying out the purposes expressed in this part and to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. All bonds herein authorized which have been duly issued, sold, and delivered as provided herein shall constitute valid and binding general obligations of the state, and the full faith and credit of the state is hereby pledged for the punctual payment of both principal of and interest on those bonds when due. 54012. The bonds authorized by this part 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 of the Government Code), except subdivisions (a) and (b) of Section 16727 of the Government Code to the extent that those provisions are inconsistent with this part, and all of the provisions of that law as amended from time to time apply to the bonds and to this part, except as provided in Section 54028, and are hereby incorporated in this part as though set forth in full in this part. 54014. (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 part, the committee is continued in existence. For the purposes of this part, the Housing Finance Committee is “the committee” as that term is used in the State General Obligation Bond Law. (b) The committee may adopt guidelines establishing requirements for administration of its financing programs to the extent necessary to protect the validity of, and tax exemption for, interest on the bonds. The guidelines shall not constitute rules, regulations, orders, or standards of general application and are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (c) For the purposes of the State General Obligation Bond Law, the Department of Housing and Community Development is designated the “board” for programs administered by the department, and the California Housing Finance Agency is the “board” for programs administered by the agency. 54016. Upon request of the board stating that funds are needed for purposes of this part, the committee shall determine whether or not it is necessary or desirable to issue bonds authorized pursuant to this part in order to carry out the actions specified in Section 54006, 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 are not required to be sold at any one time. Bonds may bear interest subject to federal income tax. 54018. There shall be collected annually, in the same manner and at the same time as other state revenue is collected, a sum of money in addition to the ordinary revenues of the state, sufficient 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 collections of state revenues to do or perform each and every act which is necessary to collect that additional sum. 54020. Notwithstanding Section 13340 of the Government Code, there is hereby appropriated from the General Fund in the State Treasury, for the purposes of this part, an amount that will equal the total of both of the following: (a) The sum annually necessary to pay the principal of, and interest on, bonds issued and sold pursuant to this part, as the principal and interest become due and payable. (b) The sum which is necessary to carry out Section 54024, appropriated without regard to fiscal years. 54022. The board may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account, in accordance with Section 16312 of the Government Code, for purposes of this part. The amount of the request shall not exceed the amount of the unsold bonds that the committee has, by resolution, authorized to be sold, excluding any refunding bonds authorized pursuant to Section 54026, for purposes of this part, less any amount withdrawn pursuant to Section 54024. The board shall execute any documents as required by the Pooled Money Investment Board to obtain and repay the loan. Any amount loaned shall be deposited in the fund to be allocated in accordance with this part. 54024. For purposes of carrying out this part, the Director of Finance may, by executive order, authorize the withdrawal from the General Fund of any amount or amounts not to exceed the amount of the unsold bonds that the committee has, by resolution, authorized to be sold, excluding any refunding bonds authorized pursuant to Section 54026, for purposes of this part, less any amount withdrawn pursuant to Section 54022. Any amounts withdrawn shall be deposited in the fund to be allocated in accordance with this part. Any moneys made available under this section shall be returned to the General Fund, plus the interest that the amounts would have earned in the Pooled Money Investment Account, from moneys received from the sale of bonds which would otherwise be deposited in that fund. 54026. The 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 of the Government Code. Approval by the electors of this act shall constitute approval of any refunding bonds issued to refund bonds issued pursuant to this part, including any prior issued refunding bonds. Any bond refunded with the proceeds of a refunding bond as authorized by this section may be legally defeased to the extent permitted by law in the manner and to the extent set forth in the resolution, as amended from time to time, authorizing that refunded bond. 54028. Notwithstanding any provisions in the State General Obligation Bond Law, the maturity date of any bonds authorized by this part shall not be later than 35 years from the date of each such bond. The maturity of each series shall be calculated from the date of each series. 54030. The Legislature hereby finds and declares that, inasmuch as the proceeds from the sale of bonds authorized by this part are not “proceeds of taxes” 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. 54032. Notwithstanding any provision of the State General Obligation Bond Law with regard to the proceeds from the sale of bonds authorized by this part that are subject to investment under Article 4 (commencing with Section 16470) of Chapter 3 of Part 2 of Division 4 of Title 2 of the Government Code, the Treasurer may maintain a separate account for investment earnings, may order the payment of those earnings to comply with any rebate requirement applicable under federal law, and may otherwise direct the use and investment of those proceeds so as to maintain the tax-exempt status of tax-exempt bonds and to obtain any other advantage under federal law on behalf of the funds of this state. 54034. All moneys derived from premiums and accrued interest on bonds sold pursuant to this part shall be transferred to the General Fund as a credit to expenditures for bond interest; provided, however, that amounts derived from premiums may be reserved and used to pay the costs of issuance of the related bonds prior to transfer to the General Fund. SEC. 3. Section 2 of this act shall become operative upon the adoption by the voters of the Affordable Housing Bond Act of 2018. SEC. 4. Section 2 of this act shall be submitted by the Secretary of State to the voters at the November 6, 2018, statewide general election. SEC. 5. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to maximize the time available for the analysis and preparation of the bond act proposed by Section 2 of this act, it is necessary that this act take effect immediately. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 30515 of the Penal Code is amended to read: 30515. (a) Notwithstanding Section 30510, “assault weapon” also means any of the following: (1) A semiautomatic, centerfire rifle that does not have a fixed magazine but has any one of the following: (A) A pistol grip that protrudes conspicuously beneath the action of the weapon. (B) A thumbhole stock. (C) A folding or telescoping stock. (D) A grenade launcher or flare launcher. (E) A flash suppressor. (F) A forward pistol grip. (2) A semiautomatic, centerfire rifle that has a fixed magazine with the capacity to accept more than 10 rounds. (3) A semiautomatic, centerfire rifle that has an overall length of less than 30 inches. (4) A semiautomatic pistol that does not have a fixed magazine but has any one of the following: (A) A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer. (B) A second handgrip. (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’s hand, except a slide that encloses the barrel. (D) The capacity to accept a detachable magazine at some location outside of the pistol grip. (5) A semiautomatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds. (6) A semiautomatic shotgun that has both of the following: (A) A folding or telescoping stock. (B) A pistol grip that protrudes conspicuously beneath the action of the weapon, thumbhole stock, or vertical handgrip. (7) A semiautomatic shotgun that has the ability to accept a detachable magazine. (8) Any shotgun with a revolving cylinder. (b) For purposes of this section, “fixed magazine” 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. (c) The Legislature finds a significant public purpose in exempting from the definition of “assault weapon” 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 “assault weapon” pursuant to this section are exempt, as provided in subdivision (d). (d) “Assault weapon” does not include either of the following: (1) Any antique firearm. (2) Any of the following pistols, because they are consistent with the significant public purpose expressed in subdivision (c): MANUFACTURER MODEL CALIBER BENELLI MP90 .22LR BENELLI MP90 .32 S&W LONG BENELLI MP95 .22LR BENELLI MP95 .32 S&W LONG HAMMERLI 280 .22LR HAMMERLI 280 .32 S&W LONG HAMMERLI SP20 .22LR HAMMERLI SP20 .32 S&W LONG PARDINI GPO .22 SHORT PARDINI GP-SCHUMANN .22 SHORT PARDINI HP .32 S&W LONG PARDINI MP .32 S&W LONG PARDINI SP .22LR PARDINI SPE .22LR WALTHER GSP .22LR WALTHER GSP .32 S&W LONG WALTHER OSP .22 SHORT WALTHER OSP-2000 .22 SHORT (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 “assault weapon” 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. SEC. 2. Section 30680 is added to the Penal Code, to read: 30680. Section 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: (a) Prior to January 1, 2017, the person was eligible to register that assault weapon pursuant to subdivision (b) of Section 30900. (b) The person lawfully possessed that assault weapon prior to January 1, 2017. (c) The person registers the assault weapon by January 1, 2018, in accordance with subdivision (b) of Section 30900. SEC. 3. Section 30900 of the Penal Code is amended to read: 30900. (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. (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. (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. (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’s 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’ Record of Sale Special Account. (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). (2) Registrations shall be submitted electronically via the Internet utilizing a public-facing application made available by the department. (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’s full name, address, telephone number, date of birth, sex, height, weight, eye color, hair color, and California driver’s license number or California identification card number. (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’ Record of Sale Special Account to be used for purposes of this section. (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). SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

(1) Existing law generally prohibits the possession or transfer of assault weapons, except for the sale, purchase, importation, or possession of assault weapons by specified individuals, including law enforcement officers. Under existing law, “assault weapon” means, among other things, a semiautomatic centerfire rifle or a semiautomatic pistol that has the capacity to accept a detachable magazine and has any one of specified attributes, including, for rifles, a thumbhole stock, and for pistols, a second handgrip. This bill would revise this definition of “assault weapon” to mean a semiautomatic centerfire rifle, or a semiautomatic pistol that does not have a fixed magazine but has any one of those specified attributes. The bill would also define “fixed magazine” to mean 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. By expanding the definition of an existing crime, the bill would impose a state-mandated local program. (2) Existing law requires that any person who, within this state, possesses an assault weapon, except as otherwise provided, be punished as a felony or for a period not to exceed one year in a county jail. This bill would exempt from punishment under that provision a person who possessed an assault weapon prior to January 1, 2017, if specified requirements are met. (3) Existing law requires that, with specified exceptions, any person who, prior to January 1, 2001, lawfully possessed an assault weapon prior to the date it was defined as an assault weapon, and which was not specified as an assault weapon at the time of lawful possession, register the firearm with the Department of Justice. Existing law permits the Department of Justice to charge a fee for registration of up to $20 per person but not to exceed the actual processing costs of the department. Existing law, after the department establishes fees sufficient to reimburse the department for processing costs, requires fees charged to increase at a rate not to exceed the legislatively approved annual cost-of-living adjustment for the department’s budget or as otherwise increased through the Budget Act. Existing law requires those fees to be deposited into the Dealers’ Record of Sale Special Account. Existing law, the Administrative Procedure Act, establishes the requirements for the adoption, publication, review, and implementation of regulations by state agencies. This bill would require that 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, and including those weapons with an ammunition feeding device that can be removed readily from the firearm with the use of a tool, register the firearm with the Department of Justice before January 1, 2018, but not before the effective date of specified regulations. The bill would permit the department to increase the $20 registration fee as long as it does not exceed the reasonable processing costs of the department. The bill would also require registrations to be submitted electronically via the Internet utilizing a public-facing application made available by the department. The bill would require the registration to contain specified information, including, but not limited to, a description of the firearm that identifies it uniquely and specified information about the registrant. The bill would permit the department to charge a fee of up to $15 per person for registration through the Internet, not to exceed the reasonable processing costs of the department to be paid and deposited, as specified, for purposes of the registration program. The bill would require the department to adopt regulations for the purpose of implementing those provisions and would exempt those regulations from the Administrative Procedure Act. The bill would also make technical and conforming changes. (4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 30515 of the Penal Code is amended to read: 30515. (a) Notwithstanding Section 30510, “assault weapon” also means any of the following: (1) A semiautomatic, centerfire rifle that does not have a fixed magazine but has any one of the following: (A) A pistol grip that protrudes conspicuously beneath the action of the weapon. (B) A thumbhole stock. (C) A folding or telescoping stock. (D) A grenade launcher or flare launcher. (E) A flash suppressor. (F) A forward pistol grip. (2) A semiautomatic, centerfire rifle that has a fixed magazine with the capacity to accept more than 10 rounds. (3) A semiautomatic, centerfire rifle that has an overall length of less than 30 inches. (4) A semiautomatic pistol that does not have a fixed magazine but has any one of the following: (A) A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer. (B) A second handgrip. (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’s hand, except a slide that encloses the barrel. (D) The capacity to accept a detachable magazine at some location outside of the pistol grip. (5) A semiautomatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds. (6) A semiautomatic shotgun that has both of the following: (A) A folding or telescoping stock. (B) A pistol grip that protrudes conspicuously beneath the action of the weapon, thumbhole stock, or vertical handgrip. (7) A semiautomatic shotgun that has the ability to accept a detachable magazine. (8) Any shotgun with a revolving cylinder. (b) For purposes of this section, “fixed magazine” 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. (c) The Legislature finds a significant public purpose in exempting from the definition of “assault weapon” 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 “assault weapon” pursuant to this section are exempt, as provided in subdivision (d). (d) “Assault weapon” does not include either of the following: (1) Any antique firearm. (2) Any of the following pistols, because they are consistent with the significant public purpose expressed in subdivision (c): MANUFACTURER MODEL CALIBER BENELLI MP90 .22LR BENELLI MP90 .32 S&W LONG BENELLI MP95 .22LR BENELLI MP95 .32 S&W LONG HAMMERLI 280 .22LR HAMMERLI 280 .32 S&W LONG HAMMERLI SP20 .22LR HAMMERLI SP20 .32 S&W LONG PARDINI GPO .22 SHORT PARDINI GP-SCHUMANN .22 SHORT PARDINI HP .32 S&W LONG PARDINI MP .32 S&W LONG PARDINI SP .22LR PARDINI SPE .22LR WALTHER GSP .22LR WALTHER GSP .32 S&W LONG WALTHER OSP .22 SHORT WALTHER OSP-2000 .22 SHORT (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 “assault weapon” 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. SEC. 2. Section 30680 is added to the Penal Code, to read: 30680. Section 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: (a) Prior to January 1, 2017, the person was eligible to register that assault weapon pursuant to subdivision (b) of Section 30900. (b) The person lawfully possessed that assault weapon prior to January 1, 2017. (c) The person registers the assault weapon by January 1, 2018, in accordance with subdivision (b) of Section 30900. SEC. 3. Section 30900 of the Penal Code is amended to read: 30900. (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. (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. (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. (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’s 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’ Record of Sale Special Account. (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). (2) Registrations shall be submitted electronically via the Internet utilizing a public-facing application made available by the department. (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’s full name, address, telephone number, date of birth, sex, height, weight, eye color, hair color, and California driver’s license number or California identification card number. (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’ Record of Sale Special Account to be used for purposes of this section. (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). SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 42008.8 of the Vehicle Code is amended to read: 42008.8. (a) The Legislature finds and declares that a one-time infraction amnesty program would do all of the following: (1) Provide relief to individuals who have found themselves in violation of a court-ordered obligation because they have unpaid traffic bail or fines. (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. (3) Provide increased revenue at a time when revenue is scarce by encouraging payment of old fines that have remained unpaid. (4) Allow courts and counties to resolve older delinquent cases and focus limited resources on collections for more recent cases. (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. (c) As used in this section, the term “fine” or “bail” refers to the total amounts due in connection with a specific violation, including, but not limited to, all of the following: (1) Base fine or bail, as established by court order, by statute, or by the court’s bail schedule. (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. (3) State surcharges imposed pursuant to Section 1465.7 of the Penal Code. (4) Court operations assessments imposed pursuant to Section 1465.8 of the Penal Code. (5) Criminal conviction assessments pursuant to Section 70373 of the Government Code. (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. (e) Concurrent with the amnesty program established pursuant to subdivision (b), between October 1, 2015, to March 31, 2017, inclusive, the following shall apply: (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’s payment plans shall remain in effect after March 31, 2017. (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’s payment plans shall remain in effect after March 31, 2017. (3) Any person who is eligible for a driver’s 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’s 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’s license but for the fines or bail to be collected through the program. (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. (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. (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: (1) The violation is an infraction violation filed with the court. (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). (3) The violation is a misdemeanor violation filed with the court to which subdivision (f) applies. (4) The initial due date for payment of the fine or bail was on or before January 1, 2013. (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. (6) The person does not owe victim restitution on any case within the county. (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. (8) The person filed a request with the court on or before March 31, 2017. (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). (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). (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’s guidelines. As part of its guidelines, the Judicial Council shall include all of the following: (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. (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. (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. (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. (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: (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. (B) Posting on the department’s Internet Web site information regarding the amnesty program. (C) Personnel costs associated with the amnesty program. (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. (k) A criminal action shall not be brought against a person for a delinquent fine or bail paid under the amnesty program. (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. (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: (A) The first two hundred fifty thousand dollars ($250,000) received shall be transferred to the Judicial Council. (B) Following the transfer of the funds described in subparagraph (A), once a month, both of the following transfers shall occur: (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’ Training Fund. (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. (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.

Existing law requires a county to establish an amnesty program for unpaid fines and bail initially due on or before January 1, 2013, for Vehicle Code infractions to be conducted in accordance with guidelines adopted by the Judicial Council. Existing law requires the program to accept payments from October 1, 2015, to March 31, 2017, inclusive. Existing law requires the program to accept a reduced payment in full satisfaction of the fine or bail if the program participant certifies under penalty of perjury that he or she receives specified public benefits or his or her income is 125% or less of the current poverty guidelines. If the driving privilege of an amnesty program participant or a person who is in good standing in a comprehensive collection program has been suspended due to a Vehicle Code violation that is subject to the amnesty program, existing law requires the court to issue and file a certificate with the Department of Motor Vehicles demonstrating that the participant has appeared in court, paid the fine, or has otherwise satisfied the court. This bill would require the court to issue and file the certificate with the department within 90 days. For applications submitted prior to January 1, 2017, the bill would require the court to issue and file the certificate no later than March 31, 2017. The bill would require, for applications submitted on or before March 31, 2017, that all terms and procedures related to a participant’s payment plans remain in effect after that date.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 42008.8 of the Vehicle Code is amended to read: 42008.8. (a) The Legislature finds and declares that a one-time infraction amnesty program would do all of the following: (1) Provide relief to individuals who have found themselves in violation of a court-ordered obligation because they have unpaid traffic bail or fines. (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. (3) Provide increased revenue at a time when revenue is scarce by encouraging payment of old fines that have remained unpaid. (4) Allow courts and counties to resolve older delinquent cases and focus limited resources on collections for more recent cases. (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. (c) As used in this section, the term “fine” or “bail” refers to the total amounts due in connection with a specific violation, including, but not limited to, all of the following: (1) Base fine or bail, as established by court order, by statute, or by the court’s bail schedule. (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. (3) State surcharges imposed pursuant to Section 1465.7 of the Penal Code. (4) Court operations assessments imposed pursuant to Section 1465.8 of the Penal Code. (5) Criminal conviction assessments pursuant to Section 70373 of the Government Code. (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. (e) Concurrent with the amnesty program established pursuant to subdivision (b), between October 1, 2015, to March 31, 2017, inclusive, the following shall apply: (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’s payment plans shall remain in effect after March 31, 2017. (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’s payment plans shall remain in effect after March 31, 2017. (3) Any person who is eligible for a driver’s 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’s 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’s license but for the fines or bail to be collected through the program. (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. (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. (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: (1) The violation is an infraction violation filed with the court. (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). (3) The violation is a misdemeanor violation filed with the court to which subdivision (f) applies. (4) The initial due date for payment of the fine or bail was on or before January 1, 2013. (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. (6) The person does not owe victim restitution on any case within the county. (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. (8) The person filed a request with the court on or before March 31, 2017. (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). (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). (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’s guidelines. As part of its guidelines, the Judicial Council shall include all of the following: (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. (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. (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. (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. (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: (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. (B) Posting on the department’s Internet Web site information regarding the amnesty program. (C) Personnel costs associated with the amnesty program. (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. (k) A criminal action shall not be brought against a person for a delinquent fine or bail paid under the amnesty program. (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. (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: (A) The first two hundred fifty thousand dollars ($250,000) received shall be transferred to the Judicial Council. (B) Following the transfer of the funds described in subparagraph (A), once a month, both of the following transfers shall occur: (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’ Training Fund. (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. (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. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 640 of the Penal Code is amended to read: 640. (a) (1) Any of the acts described in paragraphs (1) to (6), inclusive, of subdivision (b) is an infraction punishable by a fine not to exceed two hundred fifty dollars ($250) and by community service for a total time not to exceed 48 hours over a period not to exceed 30 days, during a time other than during the violator’s hours of school attendance or employment. Except as provided in subdivision (g), any of the acts described in paragraphs (1) to (3), inclusive, of subdivision (c), upon a first or second violation, is an infraction punishable by a fine not to exceed two hundred fifty dollars ($250) and by community service for a total time not to exceed 48 hours over a period not to exceed 30 days, during a time other than during the violator’s hours of school attendance or employment. Except as provided in subdivision (g), a third or subsequent violation of any of the acts described in paragraphs (1) to (3), inclusive, of subdivision (c) is a misdemeanor punishable by a fine of not more than four hundred dollars ($400) or by imprisonment in a county jail for a period of not more than 90 days, or by both that fine and imprisonment. Any of the acts described in subdivision (d) shall be punishable by a fine of not more than four hundred dollars ($400), by imprisonment in a county jail for a period of not more than 90 days, or by both that fine and imprisonment. (2) This section shall apply only to acts committed on or in a facility or vehicle of a public transportation system. (b) (1) Eating or drinking in or on a system facility or vehicle in areas where those activities are prohibited by that system. (2) Playing unreasonably loud sound equipment on or in a system facility or vehicle, or failing to comply with the warning of a transit official related to disturbing another person by loud or unreasonable noise. (3) Smoking in or on a system facility or vehicle in areas where those activities are prohibited by that system. (4) Expectorating upon a system facility or vehicle. (5) Skateboarding, roller skating, bicycle riding, roller blading, or operating a motorized scooter or similar device, as defined in Section 407.5 of the Vehicle Code, in a system facility, vehicle, or parking structure. This paragraph does not apply to an activity that is necessary for utilization of the transit facility by a bicyclist, including, but not limited to, an activity that is necessary for parking a bicycle or transporting a bicycle aboard a transit vehicle, if that activity is conducted with the permission of the transit agency in a manner that does not interfere with the safety of the bicyclist or other patrons of the transit facility. (6) Selling or peddling any goods, merchandise, property, or services of any kind whatsoever on the facilities, vehicles, or property of the public transportation system if the public transportation system has prohibited those acts and neither the public transportation system nor its duly authorized representatives have granted written consent to engage in those acts. (c) (1) Evasion of the payment of a fare of the system. For purposes of this section, fare evasion includes entering an enclosed area of a public transit facility beyond posted signs prohibiting entrance without obtaining valid fare, in addition to entering a transit vehicle without valid fare. (2) Misuse of a transfer, pass, ticket, or token with the intent to evade the payment of a fare. (3) (A) Unauthorized use of a discount ticket or failure to present, upon request from a transit system representative, acceptable proof of eligibility to use a discount ticket, in accordance with Section 99155 of the Public Utilities Code and posted system identification policies when entering or exiting a transit station or vehicle. Acceptable proof of eligibility must be clearly defined in the posting. (B) If an eligible discount ticket user is not in possession of acceptable proof at the time of request, a citation issued shall be held for a period of 72 hours to allow the user to produce acceptable proof. If the proof is provided, the citation shall be voided. If the proof is not produced within that time period, the citation shall be processed. (d) (1) Willfully disturbing others on or in a system facility or vehicle by engaging in boisterous or unruly behavior. (2) Carrying an explosive, acid, or flammable liquid in a public transit facility or vehicle. (3) Urinating or defecating in a system facility or vehicle, except in a lavatory. However, this paragraph shall not apply to a person who cannot comply with this paragraph as a result of a disability, age, or a medical condition. (4) Willfully blocking the free movement of another person in a system facility or vehicle. This paragraph shall not be interpreted to affect any lawful activities permitted or First Amendment rights protected under the laws of this state or applicable federal law, including, but not limited to, laws related to collective bargaining, labor relations, or labor disputes. (5) Willfully tampering with, removing, displacing, injuring, or destroying any part of a facility or vehicle of a public transportation system. (e) Notwithstanding subdivision (a) or (g), a public transportation agency, as defined in paragraph (4) of subdivision (c) of Section 99580 of the Public Utilities Code, may do either of the following: (1) Enact and enforce an ordinance providing that a person who is the subject of a citation for any of the acts described in subdivision (b) of Section 99580 of the Public Utilities Code on or in a facility or vehicle described in subdivision (a) for which the public transportation agency has jurisdiction shall, under the circumstances set forth by the ordinance, be afforded an opportunity to complete an administrative process that imposes only an administrative penalty enforced in a civil proceeding. The ordinance for imposing and enforcing the administrative penalty shall be governed by Chapter 8 (commencing with Section 99580) of Part 11 of Division 10 of the Public Utilities Code. (2) Enforce as an infraction pursuant to subdivision (b) the act of failing to yield seating reserved for an elderly or disabled person in a facility or vehicle for which the public transportation agency has jurisdiction, provided that the governing board of the public transportation agency enacts an ordinance to that effect after a public hearing on the issue. (f) For purposes of this section, “facility or vehicle of a public transportation system” means any of the following: (1) A facility or vehicle of a public transportation system as defined by Section 99211 of the Public Utilities Code. (2) A facility of, or vehicle operated by, an entity subsidized by, the Department of Transportation. (3) A facility or vehicle of a rail authority, whether owned or leased, including, but not limited to, any part of a railroad, or track of a railroad, or any branch or branchway, switch, turnout, bridge, viaduct, culvert, embankment, station house, or other structure or fixture, or any part thereof, attached or connected to a railroad. (4) A leased or rented facility or vehicle for which any of the entities described in paragraph (1), (2), or (3) incurs costs of cleanup, repair, or replacement as a result of any of those acts. (g) A minor shall not be charged with an infraction or a misdemeanor for violation of paragraphs (1) to (3), inclusive, of subdivision (c). Nothing in this subdivision shall limit the ability of a public transportation agency to assess an administrative penalty as established in paragraph (1) of subdivision (e) and in Section 99580 of the Public Utilities Code, not to exceed two hundred fifty dollars ($250) upon a first or second violation and not to exceed four hundred dollars ($400) upon a third or subsequent violation.

Existing law makes it an infraction or a misdemeanor to evade the payment of a fare on a public transit system, to misuse a transfer, pass, ticket, or token with the intent to evade the payment of a fare, or to use a discount ticket without authorization or fail to present, upon request from a transit system representative, acceptable proof of eligibility to use a discount ticket. This bill would prohibit a minor from being charged with an infraction or a misdemeanor for those acts.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 640 of the Penal Code is amended to read: 640. (a) (1) Any of the acts described in paragraphs (1) to (6), inclusive, of subdivision (b) is an infraction punishable by a fine not to exceed two hundred fifty dollars ($250) and by community service for a total time not to exceed 48 hours over a period not to exceed 30 days, during a time other than during the violator’s hours of school attendance or employment. Except as provided in subdivision (g), any of the acts described in paragraphs (1) to (3), inclusive, of subdivision (c), upon a first or second violation, is an infraction punishable by a fine not to exceed two hundred fifty dollars ($250) and by community service for a total time not to exceed 48 hours over a period not to exceed 30 days, during a time other than during the violator’s hours of school attendance or employment. Except as provided in subdivision (g), a third or subsequent violation of any of the acts described in paragraphs (1) to (3), inclusive, of subdivision (c) is a misdemeanor punishable by a fine of not more than four hundred dollars ($400) or by imprisonment in a county jail for a period of not more than 90 days, or by both that fine and imprisonment. Any of the acts described in subdivision (d) shall be punishable by a fine of not more than four hundred dollars ($400), by imprisonment in a county jail for a period of not more than 90 days, or by both that fine and imprisonment. (2) This section shall apply only to acts committed on or in a facility or vehicle of a public transportation system. (b) (1) Eating or drinking in or on a system facility or vehicle in areas where those activities are prohibited by that system. (2) Playing unreasonably loud sound equipment on or in a system facility or vehicle, or failing to comply with the warning of a transit official related to disturbing another person by loud or unreasonable noise. (3) Smoking in or on a system facility or vehicle in areas where those activities are prohibited by that system. (4) Expectorating upon a system facility or vehicle. (5) Skateboarding, roller skating, bicycle riding, roller blading, or operating a motorized scooter or similar device, as defined in Section 407.5 of the Vehicle Code, in a system facility, vehicle, or parking structure. This paragraph does not apply to an activity that is necessary for utilization of the transit facility by a bicyclist, including, but not limited to, an activity that is necessary for parking a bicycle or transporting a bicycle aboard a transit vehicle, if that activity is conducted with the permission of the transit agency in a manner that does not interfere with the safety of the bicyclist or other patrons of the transit facility. (6) Selling or peddling any goods, merchandise, property, or services of any kind whatsoever on the facilities, vehicles, or property of the public transportation system if the public transportation system has prohibited those acts and neither the public transportation system nor its duly authorized representatives have granted written consent to engage in those acts. (c) (1) Evasion of the payment of a fare of the system. For purposes of this section, fare evasion includes entering an enclosed area of a public transit facility beyond posted signs prohibiting entrance without obtaining valid fare, in addition to entering a transit vehicle without valid fare. (2) Misuse of a transfer, pass, ticket, or token with the intent to evade the payment of a fare. (3) (A) Unauthorized use of a discount ticket or failure to present, upon request from a transit system representative, acceptable proof of eligibility to use a discount ticket, in accordance with Section 99155 of the Public Utilities Code and posted system identification policies when entering or exiting a transit station or vehicle. Acceptable proof of eligibility must be clearly defined in the posting. (B) If an eligible discount ticket user is not in possession of acceptable proof at the time of request, a citation issued shall be held for a period of 72 hours to allow the user to produce acceptable proof. If the proof is provided, the citation shall be voided. If the proof is not produced within that time period, the citation shall be processed. (d) (1) Willfully disturbing others on or in a system facility or vehicle by engaging in boisterous or unruly behavior. (2) Carrying an explosive, acid, or flammable liquid in a public transit facility or vehicle. (3) Urinating or defecating in a system facility or vehicle, except in a lavatory. However, this paragraph shall not apply to a person who cannot comply with this paragraph as a result of a disability, age, or a medical condition. (4) Willfully blocking the free movement of another person in a system facility or vehicle. This paragraph shall not be interpreted to affect any lawful activities permitted or First Amendment rights protected under the laws of this state or applicable federal law, including, but not limited to, laws related to collective bargaining, labor relations, or labor disputes. (5) Willfully tampering with, removing, displacing, injuring, or destroying any part of a facility or vehicle of a public transportation system. (e) Notwithstanding subdivision (a) or (g), a public transportation agency, as defined in paragraph (4) of subdivision (c) of Section 99580 of the Public Utilities Code, may do either of the following: (1) Enact and enforce an ordinance providing that a person who is the subject of a citation for any of the acts described in subdivision (b) of Section 99580 of the Public Utilities Code on or in a facility or vehicle described in subdivision (a) for which the public transportation agency has jurisdiction shall, under the circumstances set forth by the ordinance, be afforded an opportunity to complete an administrative process that imposes only an administrative penalty enforced in a civil proceeding. The ordinance for imposing and enforcing the administrative penalty shall be governed by Chapter 8 (commencing with Section 99580) of Part 11 of Division 10 of the Public Utilities Code. (2) Enforce as an infraction pursuant to subdivision (b) the act of failing to yield seating reserved for an elderly or disabled person in a facility or vehicle for which the public transportation agency has jurisdiction, provided that the governing board of the public transportation agency enacts an ordinance to that effect after a public hearing on the issue. (f) For purposes of this section, “facility or vehicle of a public transportation system” means any of the following: (1) A facility or vehicle of a public transportation system as defined by Section 99211 of the Public Utilities Code. (2) A facility of, or vehicle operated by, an entity subsidized by, the Department of Transportation. (3) A facility or vehicle of a rail authority, whether owned or leased, including, but not limited to, any part of a railroad, or track of a railroad, or any branch or branchway, switch, turnout, bridge, viaduct, culvert, embankment, station house, or other structure or fixture, or any part thereof, attached or connected to a railroad. (4) A leased or rented facility or vehicle for which any of the entities described in paragraph (1), (2), or (3) incurs costs of cleanup, repair, or replacement as a result of any of those acts. (g) A minor shall not be charged with an infraction or a misdemeanor for violation of paragraphs (1) to (3), inclusive, of subdivision (c). Nothing in this subdivision shall limit the ability of a public transportation agency to assess an administrative penalty as established in paragraph (1) of subdivision (e) and in Section 99580 of the Public Utilities Code, not to exceed two hundred fifty dollars ($250) upon a first or second violation and not to exceed four hundred dollars ($400) upon a third or subsequent violation. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 166 of the Penal Code is amended to read: 166. (a) Except as provided in subdivisions (b), (c), and (d), a person guilty of any of the following contempts of court is guilty of a misdemeanor: (1) Disorderly, contemptuous, or insolent behavior committed during the sitting of a court of justice, in the immediate view and presence of the court, and directly tending to interrupt its proceedings or to impair the respect due to its authority. (2) Behavior specified in paragraph (1) that is committed in the presence of a referee, while actually engaged in a trial or hearing, pursuant to the order of a court, or in the presence of any jury while actually sitting for the trial of a cause, or upon an inquest or other proceeding authorized by law. (3) A breach of the peace, noise, or other disturbance directly tending to interrupt the proceedings of the court. (4) Willful disobedience of the terms as written of any process or court order or out-of-state court order, lawfully issued by a court, including orders pending trial. (5) Resistance willfully offered by any person to the lawful order or process of a court. (6) The contumacious and unlawful refusal of a person to be sworn as a witness or, when so sworn, the like refusal to answer a material question. (7) The publication of a false or grossly inaccurate report of the proceedings of a court. (8) Presenting to a court having power to pass sentence upon a prisoner under conviction, or to a member of the court, an affidavit, testimony, or representation of any kind, verbal or written, in aggravation or mitigation of the punishment to be imposed upon the prisoner, except as provided in this code. (9) Willful disobedience of the terms of an injunction that restrains the activities of a criminal street gang or any of its members, lawfully issued by a court, including an order pending trial. (b) (1) A person who is guilty of contempt of court under paragraph (4) of subdivision (a) by willfully contacting a victim by telephone or mail, or directly, and who has been previously convicted of a violation of Section 646.9 shall be punished by imprisonment in a county jail for not more than one year, by a fine of five thousand dollars ($5,000), or by both that fine and imprisonment. (2) For the purposes of sentencing under this subdivision, each contact shall constitute a separate violation of this subdivision. (3) The present incarceration of a person who makes contact with a victim in violation of paragraph (1) is not a defense to a violation of this subdivision. (c) (1) Notwithstanding paragraph (4) of subdivision (a), a willful and knowing violation of a protective order or stay-away court order described as follows shall constitute contempt of court, a misdemeanor, punishable by imprisonment in a county jail for not more than one year, by a fine of not more than one thousand dollars ($1,000), or by both that imprisonment and fine: (A) An order issued pursuant to Section 136.2. (B) An order issued pursuant to paragraph (2) of subdivision (a) of Section 1203.097. (C) An order issued after a conviction in a criminal proceeding involving elder or dependent adult abuse, as defined in Section 368. (D) An order issued pursuant to Section 1201.3. (E) An order described in paragraph (3). (F) An order issued pursuant to subdivision (j) of Section 273.5. (2) If a violation of paragraph (1) results in a physical injury, the person shall be imprisoned in a county jail for at least 48 hours, whether a fine or imprisonment is imposed, or the sentence is suspended. (3) Paragraphs (1) and (2) apply to the following court orders: (A) An order issued pursuant to Section 6320 or 6389 of the Family Code. (B) An order excluding one party from the family dwelling or from the dwelling of the other. (C) An order enjoining a party from specified behavior that the court determined was necessary to effectuate the orders described in paragraph (1). (4) A second or subsequent conviction for a violation of an order described in paragraph (1) occurring within seven years of a prior conviction for a violation of any of those orders and involving an act of violence or “a credible threat” of violence, as provided in subdivision (c) of Section 139, is punishable by imprisonment in a county jail not to exceed one year, or in the state prison for 16 months or two or three years. (5) The prosecuting agency of each county shall have the primary responsibility for the enforcement of the orders described in paragraph (1). (d) (1) A person who owns, possesses, purchases, or receives a firearm knowing he or she is prohibited from doing so by the provisions of a protective order as defined in Section 136.2 of this code, Section 6218 of the Family Code, or Section 527.6 or 527.8 of the Code of Civil Procedure, shall be punished under Section 29825. (2) A person subject to a protective order described in paragraph (1) shall not be prosecuted under this section for owning, possessing, purchasing, or receiving a firearm to the extent that firearm is granted an exemption pursuant to subdivision (h) of Section 6389 of the Family Code. (e) (1) If probation is granted upon conviction of a violation of subdivision (c), the court shall impose probation consistent with Section 1203.097. (2) If probation is granted upon conviction of a violation of subdivision (c), the conditions of probation may include, in lieu of a fine, one or both of the following requirements: (A) That the defendant make payments to a battered women’s shelter, up to a maximum of one thousand dollars ($1,000). (B) That the defendant provide restitution to reimburse the victim for reasonable costs of counseling and other reasonable expenses that the court finds are the direct result of the defendant’s offense. (3) For an order to pay a fine, make payments to a battered women’s shelter, or pay restitution as a condition of probation under this subdivision or subdivision (c), the court shall make a determination of the defendant’s ability to pay. In no event shall an order to make payments to a battered women’s shelter be made if it would impair the ability of the defendant to pay direct restitution to the victim or court-ordered child support. (4) If the injury to a married person is caused in whole, or in part, by the criminal acts of his or her spouse in violation of subdivision (c), the community property shall not be used to discharge the liability of the offending spouse for restitution to the injured spouse required by Section 1203.04, as operative on or before August 2, 1995, or Section 1202.4, or to a shelter for costs with regard to the injured spouse and dependents required by this subdivision, until all separate property of the offending spouse is exhausted. (5) A person violating an order described in subdivision (c) may be punished for any substantive offenses described under Section 136.1 or 646.9. A finding of contempt shall not be a bar to prosecution for a violation of Section 136.1 or 646.9. However, a person held in contempt for a violation of subdivision (c) shall be entitled to credit for any punishment imposed as a result of that violation against any sentence imposed upon conviction of an offense described in Section 136.1 or 646.9. A conviction or acquittal for a substantive offense under Section 136.1 or 646.9 shall be a bar to a subsequent punishment for contempt arising out of the same act. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

Existing law generally punishes the willful disobedience of a court order as contempt of court by imprisonment in a county jail for a term not exceeding 6 months, a fine not exceeding $1,000, or both that imprisonment and fine. Existing law makes the willful and knowing violation of specified protective orders or stay-away court orders punishable by imprisonment in a county jail for not more than one year, or by a fine of not more than $1,000, or by both that imprisonment and fine for a first offense, and makes a 2nd or subsequent conviction for a violation of these specified protective orders or stay-away court orders occurring within 7 years of a prior conviction and involving an act of violence or credible threat of violence punishable as either a misdemeanor or a felony. If probation is granted upon conviction of a willful and knowing violation of these specified protective orders or stay-away court orders, existing law requires the court to impose a minimum period of probation of 36 months, a criminal protective order protecting the victim from further acts of violence, threats, stalking, sexual abuse, and harassment, a minimum fine of $500, successful completion of a batterer’s program, and a specified amount of appropriate community service, among other requirements. Under existing law, any person who willfully inflicts corporal injury resulting in a traumatic condition upon a spouse or former spouse, cohabitant or former cohabitant, fiancé or fiancée, or someone with whom the offender has, or previously had, an engagement or dating relationship, or the mother or father of the offender’s child, is guilty of a felony or a misdemeanor. Upon a conviction under that provision, existing law authorizes the sentencing court to issue an order restraining the defendant from any contact with the victim for up to 10 years. This bill would make a willful and knowing violation of the above protective order issued for the conviction of inflicting a corporal injury resulting in a traumatic condition punishable by imprisonment in a county jail not exceeding one year, or by a fine not exceeding $1,000, or by both that imprisonment and fine. The bill would make a 2nd or subsequent violation occurring within 7 years involving an act of violence or a credible threat of violence punishable as a felony or a misdemeanor. If probation is granted for a violation of this protective order, the bill would require the court to impose a minimum period of probation of 36 months, a criminal protective order protecting the victim from further acts of violence, threats, stalking, sexual abuse, and harassment, a minimum fine of $500, successful completion of a batterer’s program, and a specified amount of appropriate community service, among other requirements. By increasing the punishment for a crime, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 166 of the Penal Code is amended to read: 166. (a) Except as provided in subdivisions (b), (c), and (d), a person guilty of any of the following contempts of court is guilty of a misdemeanor: (1) Disorderly, contemptuous, or insolent behavior committed during the sitting of a court of justice, in the immediate view and presence of the court, and directly tending to interrupt its proceedings or to impair the respect due to its authority. (2) Behavior specified in paragraph (1) that is committed in the presence of a referee, while actually engaged in a trial or hearing, pursuant to the order of a court, or in the presence of any jury while actually sitting for the trial of a cause, or upon an inquest or other proceeding authorized by law. (3) A breach of the peace, noise, or other disturbance directly tending to interrupt the proceedings of the court. (4) Willful disobedience of the terms as written of any process or court order or out-of-state court order, lawfully issued by a court, including orders pending trial. (5) Resistance willfully offered by any person to the lawful order or process of a court. (6) The contumacious and unlawful refusal of a person to be sworn as a witness or, when so sworn, the like refusal to answer a material question. (7) The publication of a false or grossly inaccurate report of the proceedings of a court. (8) Presenting to a court having power to pass sentence upon a prisoner under conviction, or to a member of the court, an affidavit, testimony, or representation of any kind, verbal or written, in aggravation or mitigation of the punishment to be imposed upon the prisoner, except as provided in this code. (9) Willful disobedience of the terms of an injunction that restrains the activities of a criminal street gang or any of its members, lawfully issued by a court, including an order pending trial. (b) (1) A person who is guilty of contempt of court under paragraph (4) of subdivision (a) by willfully contacting a victim by telephone or mail, or directly, and who has been previously convicted of a violation of Section 646.9 shall be punished by imprisonment in a county jail for not more than one year, by a fine of five thousand dollars ($5,000), or by both that fine and imprisonment. (2) For the purposes of sentencing under this subdivision, each contact shall constitute a separate violation of this subdivision. (3) The present incarceration of a person who makes contact with a victim in violation of paragraph (1) is not a defense to a violation of this subdivision. (c) (1) Notwithstanding paragraph (4) of subdivision (a), a willful and knowing violation of a protective order or stay-away court order described as follows shall constitute contempt of court, a misdemeanor, punishable by imprisonment in a county jail for not more than one year, by a fine of not more than one thousand dollars ($1,000), or by both that imprisonment and fine: (A) An order issued pursuant to Section 136.2. (B) An order issued pursuant to paragraph (2) of subdivision (a) of Section 1203.097. (C) An order issued after a conviction in a criminal proceeding involving elder or dependent adult abuse, as defined in Section 368. (D) An order issued pursuant to Section 1201.3. (E) An order described in paragraph (3). (F) An order issued pursuant to subdivision (j) of Section 273.5. (2) If a violation of paragraph (1) results in a physical injury, the person shall be imprisoned in a county jail for at least 48 hours, whether a fine or imprisonment is imposed, or the sentence is suspended. (3) Paragraphs (1) and (2) apply to the following court orders: (A) An order issued pursuant to Section 6320 or 6389 of the Family Code. (B) An order excluding one party from the family dwelling or from the dwelling of the other. (C) An order enjoining a party from specified behavior that the court determined was necessary to effectuate the orders described in paragraph (1). (4) A second or subsequent conviction for a violation of an order described in paragraph (1) occurring within seven years of a prior conviction for a violation of any of those orders and involving an act of violence or “a credible threat” of violence, as provided in subdivision (c) of Section 139, is punishable by imprisonment in a county jail not to exceed one year, or in the state prison for 16 months or two or three years. (5) The prosecuting agency of each county shall have the primary responsibility for the enforcement of the orders described in paragraph (1). (d) (1) A person who owns, possesses, purchases, or receives a firearm knowing he or she is prohibited from doing so by the provisions of a protective order as defined in Section 136.2 of this code, Section 6218 of the Family Code, or Section 527.6 or 527.8 of the Code of Civil Procedure, shall be punished under Section 29825. (2) A person subject to a protective order described in paragraph (1) shall not be prosecuted under this section for owning, possessing, purchasing, or receiving a firearm to the extent that firearm is granted an exemption pursuant to subdivision (h) of Section 6389 of the Family Code. (e) (1) If probation is granted upon conviction of a violation of subdivision (c), the court shall impose probation consistent with Section 1203.097. (2) If probation is granted upon conviction of a violation of subdivision (c), the conditions of probation may include, in lieu of a fine, one or both of the following requirements: (A) That the defendant make payments to a battered women’s shelter, up to a maximum of one thousand dollars ($1,000). (B) That the defendant provide restitution to reimburse the victim for reasonable costs of counseling and other reasonable expenses that the court finds are the direct result of the defendant’s offense. (3) For an order to pay a fine, make payments to a battered women’s shelter, or pay restitution as a condition of probation under this subdivision or subdivision (c), the court shall make a determination of the defendant’s ability to pay. In no event shall an order to make payments to a battered women’s shelter be made if it would impair the ability of the defendant to pay direct restitution to the victim or court-ordered child support. (4) If the injury to a married person is caused in whole, or in part, by the criminal acts of his or her spouse in violation of subdivision (c), the community property shall not be used to discharge the liability of the offending spouse for restitution to the injured spouse required by Section 1203.04, as operative on or before August 2, 1995, or Section 1202.4, or to a shelter for costs with regard to the injured spouse and dependents required by this subdivision, until all separate property of the offending spouse is exhausted. (5) A person violating an order described in subdivision (c) may be punished for any substantive offenses described under Section 136.1 or 646.9. A finding of contempt shall not be a bar to prosecution for a violation of Section 136.1 or 646.9. However, a person held in contempt for a violation of subdivision (c) shall be entitled to credit for any punishment imposed as a result of that violation against any sentence imposed upon conviction of an offense described in Section 136.1 or 646.9. A conviction or acquittal for a substantive offense under Section 136.1 or 646.9 shall be a bar to a subsequent punishment for contempt arising out of the same act. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 6356.11 is added to the Revenue and Taxation Code, to read: 6356.11. (a) There are exempted from the taxes imposed by this part the gross receipts from the sale of, and the storage and use of, or other consumption in this state of, firearms, ammunition, and hunting supplies purchased by an individual in the two-day period beginning at 12:01 a.m. on the first Saturday in September and ending at midnight the next day and the two-day period beginning at 12:01 a.m. on the first Saturday in October and ending at midnight the next day who, at the time of the purchase, provides the retailer with a copy of his or her valid annual hunting license or lifetime license issued pursuant to Article 2 (commencing with Section 3031) of Chapter 1 of Part 1 of Division 4, or a lifetime sportman’s license issued pursuant to Section 714 of, the Fish and Game Code. (b) For the purposes of this section, the following shall apply: (1) “Firearms” mean shotguns, rifles, pistols, revolvers, or other handguns that may be legally sold or purchased in California. (2) “Ammunition” means that ammunition designed and intended to be fired from a firearm. (3) “Hunting supplies” means only those supplies used for and designed and intended for hunting, which include all of the following: (A) Archery items such as bows, crossbows, arrows, quivers, and shafts. (B) Off-road vehicles including all-terrain vehicles designed and intended primarily for hunting. Off-road vehicles do not include golf carts, go-carts, dirt bikes, mini-bikes, motorcycles, tractors, or motor vehicles that may be legally driven on the streets and highways of California, or heavy equipment such as cranes, forklifts, backhoes, and bulldozers. (C) Vessels designed and intended for hunting such as airboats and pirogues. (D) Accessories designed and intended for hunting. (E) Animal feed manufactured and marketed for consumption primarily by game that can be legally hunted. Animal feed does not include food for animals that are pets. (F) Apparel including safety gear, camouflage clothing, jackets, hats, gloves, mittens, face masks, and thermal underwear manufactured and marketed as being primarily for wear or use while hunting. (G) Hunting shoes or boots designed and intended for hunting. (H) Bags designed and intended to carry game or hunting gear. (I) Float tubes if purchased to be used for hunting. (J) Binoculars if purchased to be used for hunting. (K) Tools manufactured and marketed as primarily for use in hunting. (L) Firearm and archery cases. (M) Firearm and archery accessories. (N) Range finders. (O) Knives manufactured and marketed as primarily for use in hunting, which does not include knives purchased for household, business, or other recreational uses. (P) Decoys. (Q) Tree stands. (R) Blinds. (S) Chairs to be used for hunting, which does not include chairs or other furniture purchased for household, business, or other recreational uses. (T) Optics such as rifle scopes and impact resistant glasses for shooting. (U) Hearing protection gear and enhancements. (V) Holsters. (W) Belts that are manufactured and marketed as primarily for use in hunting. (X) Slings. (Y) Other miscellaneous gear manufactured and marketed as primarily for use in hunting, which does not include toy guns and vessels and off-road vehicles utilized as children’s toys. (c) (1) Notwithstanding any provision of the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200)) or the Transactions and Use Tax Law (Part 1.6 (commencing with Section 7251)), the exemption established by this section does not apply with respect to any tax levied by a county, city, or district pursuant to, or in accordance with, either of those laws. (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, Section 35 and subdivision (f) of Section 36 of Article XIII of the California Constitution, or any tax levied pursuant to Section 6051 or 6201 that is deposited in the State Treasury to the credit of the Local Revenue Fund 2011 pursuant to Section 6051.15 or 6201.15. SEC. 2. This act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect. SECTION 1. Section 2070 of the Insurance Code is amended to read: 2070. (a)All fire policies on subject matter in California shall be on the standard form and, except as provided by this article, shall not contain additions to the form. (b)No part of the standard form shall be omitted from the policy. However, a policy providing coverage against the peril of fire only, or in combination with coverage against other perils, need not comply with the provisions of the standard form of fire insurance policy or Section 2080, if the coverage with respect to the peril of fire, when viewed in its entirety, is substantially equivalent to, or more favorable to the insured than, that contained in the standard form fire insurance policy.

Existing sales and use tax laws impose taxes on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state, and provides various exemptions from the taxes imposed by those laws. The Bradley-Burns Uniform Local Sales and Use Tax Law authorizes cities and counties to impose local sales and use taxes in conformity with the Sales and Use Tax Law, and existing law authorizes districts, as specified, to impose transactions and use taxes in accordance with the Transactions and Use Tax Law, which conforms generally to the Sales and Use Tax Law. Exemptions from state sales and use taxes are incorporated into these laws. This bill would exempt from those taxes the gross receipts from the sale of, and the storage, use, or other consumption in this state of, firearms, ammunition, and hunting supplies purchased by an individual in the 2-day period beginning at 12:01 a.m. on the first Saturday in September and ending at midnight the next day and the 2-day period beginning at 12:01 a.m. on the first Saturday in October and ending at midnight the next day, as provided. The bill would specify that this exemption does not apply to local sales and use taxes and transactions and use taxes, and specified state sales and use taxes the proceeds of which are deposited into the Local Revenue Fund, the Local Revenue Fund 2011, the Local Public Safety Fund, and the Education Protection Account. This bill would take effect immediately as a tax levy. Existing law establishes a standard form for fire insurance policies in this state. Existing law requires that all fire insurance policies in California be on the standard form, with no additions to that form, except as provided. Existing law prohibits any part of the standard form from being omitted from the policy, except as specified. This bill would make technical, nonsubstantive changes to that provision.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 6356.11 is added to the Revenue and Taxation Code, to read: 6356.11. (a) There are exempted from the taxes imposed by this part the gross receipts from the sale of, and the storage and use of, or other consumption in this state of, firearms, ammunition, and hunting supplies purchased by an individual in the two-day period beginning at 12:01 a.m. on the first Saturday in September and ending at midnight the next day and the two-day period beginning at 12:01 a.m. on the first Saturday in October and ending at midnight the next day who, at the time of the purchase, provides the retailer with a copy of his or her valid annual hunting license or lifetime license issued pursuant to Article 2 (commencing with Section 3031) of Chapter 1 of Part 1 of Division 4, or a lifetime sportman’s license issued pursuant to Section 714 of, the Fish and Game Code. (b) For the purposes of this section, the following shall apply: (1) “Firearms” mean shotguns, rifles, pistols, revolvers, or other handguns that may be legally sold or purchased in California. (2) “Ammunition” means that ammunition designed and intended to be fired from a firearm. (3) “Hunting supplies” means only those supplies used for and designed and intended for hunting, which include all of the following: (A) Archery items such as bows, crossbows, arrows, quivers, and shafts. (B) Off-road vehicles including all-terrain vehicles designed and intended primarily for hunting. Off-road vehicles do not include golf carts, go-carts, dirt bikes, mini-bikes, motorcycles, tractors, or motor vehicles that may be legally driven on the streets and highways of California, or heavy equipment such as cranes, forklifts, backhoes, and bulldozers. (C) Vessels designed and intended for hunting such as airboats and pirogues. (D) Accessories designed and intended for hunting. (E) Animal feed manufactured and marketed for consumption primarily by game that can be legally hunted. Animal feed does not include food for animals that are pets. (F) Apparel including safety gear, camouflage clothing, jackets, hats, gloves, mittens, face masks, and thermal underwear manufactured and marketed as being primarily for wear or use while hunting. (G) Hunting shoes or boots designed and intended for hunting. (H) Bags designed and intended to carry game or hunting gear. (I) Float tubes if purchased to be used for hunting. (J) Binoculars if purchased to be used for hunting. (K) Tools manufactured and marketed as primarily for use in hunting. (L) Firearm and archery cases. (M) Firearm and archery accessories. (N) Range finders. (O) Knives manufactured and marketed as primarily for use in hunting, which does not include knives purchased for household, business, or other recreational uses. (P) Decoys. (Q) Tree stands. (R) Blinds. (S) Chairs to be used for hunting, which does not include chairs or other furniture purchased for household, business, or other recreational uses. (T) Optics such as rifle scopes and impact resistant glasses for shooting. (U) Hearing protection gear and enhancements. (V) Holsters. (W) Belts that are manufactured and marketed as primarily for use in hunting. (X) Slings. (Y) Other miscellaneous gear manufactured and marketed as primarily for use in hunting, which does not include toy guns and vessels and off-road vehicles utilized as children’s toys. (c) (1) Notwithstanding any provision of the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200)) or the Transactions and Use Tax Law (Part 1.6 (commencing with Section 7251)), the exemption established by this section does not apply with respect to any tax levied by a county, city, or district pursuant to, or in accordance with, either of those laws. (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, Section 35 and subdivision (f) of Section 36 of Article XIII of the California Constitution, or any tax levied pursuant to Section 6051 or 6201 that is deposited in the State Treasury to the credit of the Local Revenue Fund 2011 pursuant to Section 6051.15 or 6201.15. SEC. 2. This act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect. SECTION 1. Section 2070 of the Insurance Code is amended to read: 2070. (a)All fire policies on subject matter in California shall be on the standard form and, except as provided by this article, shall not contain additions to the form. (b)No part of the standard form shall be omitted from the policy. However, a policy providing coverage against the peril of fire only, or in combination with coverage against other perils, need not comply with the provisions of the standard form of fire insurance policy or Section 2080, if the coverage with respect to the peril of fire, when viewed in its entirety, is substantially equivalent to, or more favorable to the insured than, that contained in the standard form fire insurance policy. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a) Scattered along the California coastline are the remnants of many old, human-made structures including abandoned oil and gas wells, groins, jetties, piers, pilings, and seawalls. (b) These remnants, often covered and uncovered by tides, are the legacy of the rapid commercial development along the coastline that began just before the turn of the 20th century. (c) Most legacy oil and gas wells were abandoned in the early 1900s when there was little or no oversight of the abandonment and removal, if any, varied from well to well. Some legacy oil and gas wells, therefore, may seep oil into the surf zone impacting swimmers, surfers, and other recreational users, and causing environmental degradation. (d) The State Lands Commission has primary jurisdiction over sovereign lands along the California coastline that are held in trust for statewide public purposes, including, commerce, navigation, fishing, recreation, and open space and habitat preservation. (e) The State Lands Commission has long recognized the serious and perennial health concerns and safety hazards that coastal hazards and legacy oil and gas wells pose. (f) There is a critical need for adequate funding to inventory coastal hazards, including legacy oil and gas wells and related infrastructure, along the California coastline in order to begin determining how to remove coastal hazards and to identify and remediate leaking legacy oil and gas wells. (g) With adequate funding, the State Lands Commission can inventory coastal hazards, legacy oil and gas wells and other oil and gas related hazards along the California coastline, including determining GPS locations, assessing entitlement requirements, preparing preliminary engineering requirements and removal cost estimates for each hazard, and removing and remediating hazards that are a significant risk to public health and safety and the environment. Adequate funding will also enable the State Lands Commission to survey and monitor oil seepage in state waters under its jurisdiction and on tidelands, and to request studies to determine oil seepage locations, rates, environmental impacts, and mitigation measures. SEC. 2. Section 6212 is added to the Public Resources Code, to read: 6212. (a) Upon appropriation of moneys by the Legislature for the purposes of this section, the commission shall, within two years, administer a coastal hazard removal and remediation program to do all of the following: (1) Complete an in-depth inventory of legacy oil and gas wells and other coastal hazards along the California coastline, including conducting field surveys and determining high-priority hazards and legacy oil and gas wells to remediate. (2) Survey, study, and monitor oil seepage in state waters and tidelands under its jurisdiction to determine oil seepage locations, rates, and environmental impacts. The study information can facilitate possible mitigation measures. (3) Begin the process of remediating improperly abandoned legacy oil and gas wells that have a high risk of leaking oil and, with any remaining funds, remove other identified coastal hazards. (b) Notwithstanding Section 11005 of the Government Code and any other law requiring approval by a state officer of gifts, bequests, devises, or donations, the commission 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 actions undertaken pursuant to subdivision (a). (c) In cooperation with the Division of Oil, Gas, and Geothermal Resources, the commission may seek to abandon legacy oil and gas wells that present a hazard to the public health and safety and the environment. (d) The commission shall annually report to the Legislature the activities and accomplishments of the program. The commission may include this information in the annual report it submits pursuant to Section 8618. (e) The commission shall prioritize its activities under this section based on available resources. (f) For purposes of this section the following definitions apply: (1) “Coastal hazards” are legacy oil and gas wells and human-made structures that have been orphaned, including piers, jetties, groins, seawalls, and facilities associated with past oil extraction and other operations, that pose a hazard to the public health and safety. Coastal hazards may include, but are not limited to, wood or steel piles or piling, sheet metal pilings, H piles and H beams, well casings, well caissons, railroad irons, cables, angle bars, pipes, pipelines, rip rap, and wood beams and structures. (2) “Legacy oil and gas wells” are wells drilled near shore, before current abandonment standards, where there is little or no information on the well’s abandonment procedure and there is no viable company with the responsibility to reabandon the well should it start leaking or pose a threat to the environment or the public health and safety. SEC. 3. Section 6217 of the Public Resources Code is amended to read: 6217. With the exception of revenue derived from state school lands and from sources described in Sections 6217.6, 6301.5, 6301.6, 6855, and Sections 8551 to 8558, inclusive, and Section 6404 (insofar as the proceeds are from property that has been distributed or escheated to the state in connection with unclaimed estates of deceased persons), the commission shall deposit all revenue, money, and remittances received by the commission under this division, and under Chapter 138 of the Statutes of 1964, First Extraordinary Session, in the General Fund. Out of those funds deposited in the General Fund, sufficient moneys shall be made available each fiscal year for the following purposes: (a) Payment of refunds, authorized by the commission, out of appropriations made for that purpose. (b) Payment of expenditures of the commission as provided in the annual Budget Act. (c) Payments to cities and counties of the amounts specified in Section 6817 for the purposes specified in that section, out of appropriations made for that purpose. (d) Payments to cities and counties of the amounts agreed to pursuant to Section 6875, out of appropriations made for that purpose. (e) (1) For the 2017–18 fiscal year, the sum of five hundred thousand dollars ($500,000) shall be transferred to the Land Bank Fund and, notwithstanding Section 8610, shall be available, upon appropriation in the annual Budget Act, for the purpose of implementing the commission’s coastal hazard removal and remediation program provided in Section 6212. (2) Commencing with the 2018–19 fiscal year, and each fiscal year thereafter, an amount sufficient to bring the unencumbered balance of the Land Bank Fund available for the purpose of implementing the commission’s coastal hazard removal and remediation program provided in Section 6212 to five hundred thousand dollars ($500,000) shall be transferred to the Land Bank Fund and, notwithstanding Section 8610, shall be available, upon appropriation in the annual Budget Act, for the purpose of implementing the commission’s coastal hazard removal and remediation program provided in Section 6212.

(1) Existing law establishes the State Lands Commission in the Natural Resources Agency and prescribes the functions and duties of the commission. Under existing law, the commission has jurisdiction over various state lands, including coastal lands. This bill would, upon appropriation of moneys by the Legislature, require the commission to, within 2 years, administer a coastal hazard removal and remediation program, as specified. The bill would authorize the commission to 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 actions undertaken to administer that program. The bill would authorize the commission to seek to abandon, in cooperation with the Division of Oil, Gas, and Geothermal Resources, legacy oil and gas wells, as defined, that present a hazard to the public health and safety and the environment. The bill would require the commission to annually report to the Legislature the activities and accomplishments of the program. (2) Existing law, with specified exceptions, generally requires the State Lands Commission, on and after July 1, 2006, to deposit all revenue, money, and remittances, derived from mineral extraction leases on state tide and submerged lands, including tideland oil revenue, into the General Fund, to be available upon appropriation by the Legislature for specified purposes. Existing law establishes the Land Bank Fund, a continuously appropriated fund, from which the commission may expend moneys for management and improvement of real property held by the commission, as trustee, to provide open space, habitat for plants and animals, and public access. This bill would require that, for the 2017–18 fiscal year, out of those funds deposited into the General Fund by the commission, the sum of $500,000 be transferred to the Land Bank Fund and be available, upon appropriation in the annual Budget Act, for the purpose of implementing the coastal hazard removal and remediation program. The bill would require that, commencing with the 2018–19 fiscal year and each fiscal year thereafter, an amount sufficient to bring the unencumbered balance of the Land Bank Fund available for the purpose of implementing the program to $500,000 be transferred to that fund and be available, upon an appropriation in the annual Budget Act, for the purpose of implementing the program.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a) Scattered along the California coastline are the remnants of many old, human-made structures including abandoned oil and gas wells, groins, jetties, piers, pilings, and seawalls. (b) These remnants, often covered and uncovered by tides, are the legacy of the rapid commercial development along the coastline that began just before the turn of the 20th century. (c) Most legacy oil and gas wells were abandoned in the early 1900s when there was little or no oversight of the abandonment and removal, if any, varied from well to well. Some legacy oil and gas wells, therefore, may seep oil into the surf zone impacting swimmers, surfers, and other recreational users, and causing environmental degradation. (d) The State Lands Commission has primary jurisdiction over sovereign lands along the California coastline that are held in trust for statewide public purposes, including, commerce, navigation, fishing, recreation, and open space and habitat preservation. (e) The State Lands Commission has long recognized the serious and perennial health concerns and safety hazards that coastal hazards and legacy oil and gas wells pose. (f) There is a critical need for adequate funding to inventory coastal hazards, including legacy oil and gas wells and related infrastructure, along the California coastline in order to begin determining how to remove coastal hazards and to identify and remediate leaking legacy oil and gas wells. (g) With adequate funding, the State Lands Commission can inventory coastal hazards, legacy oil and gas wells and other oil and gas related hazards along the California coastline, including determining GPS locations, assessing entitlement requirements, preparing preliminary engineering requirements and removal cost estimates for each hazard, and removing and remediating hazards that are a significant risk to public health and safety and the environment. Adequate funding will also enable the State Lands Commission to survey and monitor oil seepage in state waters under its jurisdiction and on tidelands, and to request studies to determine oil seepage locations, rates, environmental impacts, and mitigation measures. SEC. 2. Section 6212 is added to the Public Resources Code, to read: 6212. (a) Upon appropriation of moneys by the Legislature for the purposes of this section, the commission shall, within two years, administer a coastal hazard removal and remediation program to do all of the following: (1) Complete an in-depth inventory of legacy oil and gas wells and other coastal hazards along the California coastline, including conducting field surveys and determining high-priority hazards and legacy oil and gas wells to remediate. (2) Survey, study, and monitor oil seepage in state waters and tidelands under its jurisdiction to determine oil seepage locations, rates, and environmental impacts. The study information can facilitate possible mitigation measures. (3) Begin the process of remediating improperly abandoned legacy oil and gas wells that have a high risk of leaking oil and, with any remaining funds, remove other identified coastal hazards. (b) Notwithstanding Section 11005 of the Government Code and any other law requiring approval by a state officer of gifts, bequests, devises, or donations, the commission 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 actions undertaken pursuant to subdivision (a). (c) In cooperation with the Division of Oil, Gas, and Geothermal Resources, the commission may seek to abandon legacy oil and gas wells that present a hazard to the public health and safety and the environment. (d) The commission shall annually report to the Legislature the activities and accomplishments of the program. The commission may include this information in the annual report it submits pursuant to Section 8618. (e) The commission shall prioritize its activities under this section based on available resources. (f) For purposes of this section the following definitions apply: (1) “Coastal hazards” are legacy oil and gas wells and human-made structures that have been orphaned, including piers, jetties, groins, seawalls, and facilities associated with past oil extraction and other operations, that pose a hazard to the public health and safety. Coastal hazards may include, but are not limited to, wood or steel piles or piling, sheet metal pilings, H piles and H beams, well casings, well caissons, railroad irons, cables, angle bars, pipes, pipelines, rip rap, and wood beams and structures. (2) “Legacy oil and gas wells” are wells drilled near shore, before current abandonment standards, where there is little or no information on the well’s abandonment procedure and there is no viable company with the responsibility to reabandon the well should it start leaking or pose a threat to the environment or the public health and safety. SEC. 3. Section 6217 of the Public Resources Code is amended to read: 6217. With the exception of revenue derived from state school lands and from sources described in Sections 6217.6, 6301.5, 6301.6, 6855, and Sections 8551 to 8558, inclusive, and Section 6404 (insofar as the proceeds are from property that has been distributed or escheated to the state in connection with unclaimed estates of deceased persons), the commission shall deposit all revenue, money, and remittances received by the commission under this division, and under Chapter 138 of the Statutes of 1964, First Extraordinary Session, in the General Fund. Out of those funds deposited in the General Fund, sufficient moneys shall be made available each fiscal year for the following purposes: (a) Payment of refunds, authorized by the commission, out of appropriations made for that purpose. (b) Payment of expenditures of the commission as provided in the annual Budget Act. (c) Payments to cities and counties of the amounts specified in Section 6817 for the purposes specified in that section, out of appropriations made for that purpose. (d) Payments to cities and counties of the amounts agreed to pursuant to Section 6875, out of appropriations made for that purpose. (e) (1) For the 2017–18 fiscal year, the sum of five hundred thousand dollars ($500,000) shall be transferred to the Land Bank Fund and, notwithstanding Section 8610, shall be available, upon appropriation in the annual Budget Act, for the purpose of implementing the commission’s coastal hazard removal and remediation program provided in Section 6212. (2) Commencing with the 2018–19 fiscal year, and each fiscal year thereafter, an amount sufficient to bring the unencumbered balance of the Land Bank Fund available for the purpose of implementing the commission’s coastal hazard removal and remediation program provided in Section 6212 to five hundred thousand dollars ($500,000) shall be transferred to the Land Bank Fund and, notwithstanding Section 8610, shall be available, upon appropriation in the annual Budget Act, for the purpose of implementing the commission’s coastal hazard removal and remediation program provided in Section 6212. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 17144.5 of the Revenue and Taxation Code is amended to read: 17144.5. (a) Section 108(a)(1)(E) of the Internal Revenue Code, is modified to provide that the amount excluded from gross income shall not exceed $500,000 ($250,000 in the case of a married individual filing a separate return). (b) Section 108(h)(2) of the Internal Revenue Code, relating to qualified principal residence indebtedness, is modified by substituting the phrase “(within the meaning of section 163(h)(3)(B), applied by substituting ‘$800,000 ($400,000’ for ‘$1,000,000 ($500,000’ in clause (ii) thereof)” for the phrase “(within the meaning of section 163(h)(3)(B), applied by substituting ‘$2,000,000 ($1,000,000’ for ‘$1,000,000 ($500,000’ in clause (ii) thereof)” contained therein. (c) This section shall apply to discharges of indebtedness occurring on or after January 1, 2007, and, notwithstanding any other law to the contrary, no penalties or interest shall be due with respect to the discharge of qualified principal residence indebtedness during the 2007, 2009, or 2013 taxable year regardless of whether or not the taxpayer reports the discharge on his or her return for the 2007, 2009, or 2013 taxable year. (d) (1) The amendments made by Section 102 of the federal Tax Increase Prevention Act of 2014 (Public Law 113-295) to Section 108 of the Internal Revenue Code, relating to income from discharge of indebtedness, shall apply. (2) The changes made to this section by the act adding this paragraph shall apply to discharges of indebtedness that occur on or after January 1, 2014, and before January 1, 2015, and, notwithstanding any other law, no penalties or interest shall be due with respect to the discharge of qualified principal residence indebtedness during the 2014 taxable year, regardless of whether the taxpayer reports the discharge on his or her income tax return for the 2014 taxable year. (e) (1) The amendments made by Section 151 of the federal Protecting Americans from Tax Hikes Act of 2015 (Division Q of Public Law 114-113) to Section 108 of the Internal Revenue Code, relating to income from discharge of indebtedness, shall apply. (2) Notwithstanding any other law, no penalties or interest shall be due with respect to the discharge of qualified principal residence indebtedness during the 2015 taxable year, regardless of whether the taxpayer reports the discharge on his or her income tax return for the 2015 taxable year. SEC. 2. (a) The amendments made by this act that conform to the amendments made by Section 102 of the federal Tax Increase Prevention Act of 2014 (Public Law 113-295) to Section 108 of the Internal Revenue Code, relating to income from discharge of indebtedness, apply to qualified principal residence indebtedness that is discharged on and after January 1, 2014, and before January 1, 2015. (b) The Legislature finds and declares that the amendments made by this act and the retroactive application contained in the preceding sentence are necessary for the public purpose of conforming state law to the amendments to the Internal Revenue Code as made by the federal Tax Increase Prevention Act of 2014 (Public Law 113-295), thereby preventing undue hardship to taxpayers whose qualified principal residence indebtedness was discharged on and after January 1, 2014, and before January 1, 2015, and do not constitute a gift of public funds within the meaning of Section 6 of Article XVI of the California Constitution. SEC. 3. (a) The amendments made by this act that conform to the amendments made by Section 151 of the federal Protecting Americans from Tax Hikes Act of 2015 (Division Q of Public Law 114-113) to Section 108 of the Internal Revenue Code, relating to income from discharge of indebtedness, apply to qualified principal residence indebtedness that is discharged on and after January 1, 2015, and before January 1, 2017, except for any discharge of qualified principal residence indebtedness that is subject to an arrangement that is entered into and evidenced in writing before January 1, 2017, in which case the amendments made by this act that conform to the amendments made by Section 151 of the Protecting Americans from Tax Hikes Act of 2015 (Division Q of Public Law 114-113) apply to qualified principal residence indebtedness that is discharged after January 1, 2017. (b) The Legislature finds and declares that the amendments made by this act and the retroactive application contained in the preceding sentence regarding debt discharged before January 1, 2016, are necessary for the public purpose of conforming state law to the amendments to the Internal Revenue Code as made by the federal Protecting Americans from Tax Hikes Act of 2015 (Division Q of Public Law 114-113), thereby preventing undue hardship to taxpayers whose qualified principal residence indebtedness was discharged on and after January 1, 2015, and before January 1, 2016, and do not constitute a gift of public funds within the meaning of Section 6 of Article XVI of the California Constitution. SEC. 4. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to provide tax relief to distressed homeowners at the earliest possible time, it is necessary that this act take effect immediately.

The Personal Income Tax Law provides for modified conformity to specified provisions of federal income tax law relating to the exclusion of the discharge of qualified principal residence indebtedness, as defined, from an individual’s income if that debt is discharged after January 1, 2007, and before January 1, 2014, as provided. The federal Tax Increase Prevention Act of 2014 extended the operation of those provisions to debt that is discharged before January 1, 2015. The federal Protecting Americans from Tax Hikes Act of 2015 extended the operation of those provisions to debt that is discharged before January 1, 2017, and provides that its discharge provisions apply to specified written agreements entered into before January 1, 2017. This bill would conform to that additional discharge provision relating to specified written agreements and the federal extensions, some of which would be applied retroactively. The bill would discharge indebtedness for related penalties and interest and would make legislative findings and declarations regarding the public purpose served by the bill. This bill would declare that it is to take effect immediately as an urgency statute.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 17144.5 of the Revenue and Taxation Code is amended to read: 17144.5. (a) Section 108(a)(1)(E) of the Internal Revenue Code, is modified to provide that the amount excluded from gross income shall not exceed $500,000 ($250,000 in the case of a married individual filing a separate return). (b) Section 108(h)(2) of the Internal Revenue Code, relating to qualified principal residence indebtedness, is modified by substituting the phrase “(within the meaning of section 163(h)(3)(B), applied by substituting ‘$800,000 ($400,000’ for ‘$1,000,000 ($500,000’ in clause (ii) thereof)” for the phrase “(within the meaning of section 163(h)(3)(B), applied by substituting ‘$2,000,000 ($1,000,000’ for ‘$1,000,000 ($500,000’ in clause (ii) thereof)” contained therein. (c) This section shall apply to discharges of indebtedness occurring on or after January 1, 2007, and, notwithstanding any other law to the contrary, no penalties or interest shall be due with respect to the discharge of qualified principal residence indebtedness during the 2007, 2009, or 2013 taxable year regardless of whether or not the taxpayer reports the discharge on his or her return for the 2007, 2009, or 2013 taxable year. (d) (1) The amendments made by Section 102 of the federal Tax Increase Prevention Act of 2014 (Public Law 113-295) to Section 108 of the Internal Revenue Code, relating to income from discharge of indebtedness, shall apply. (2) The changes made to this section by the act adding this paragraph shall apply to discharges of indebtedness that occur on or after January 1, 2014, and before January 1, 2015, and, notwithstanding any other law, no penalties or interest shall be due with respect to the discharge of qualified principal residence indebtedness during the 2014 taxable year, regardless of whether the taxpayer reports the discharge on his or her income tax return for the 2014 taxable year. (e) (1) The amendments made by Section 151 of the federal Protecting Americans from Tax Hikes Act of 2015 (Division Q of Public Law 114-113) to Section 108 of the Internal Revenue Code, relating to income from discharge of indebtedness, shall apply. (2) Notwithstanding any other law, no penalties or interest shall be due with respect to the discharge of qualified principal residence indebtedness during the 2015 taxable year, regardless of whether the taxpayer reports the discharge on his or her income tax return for the 2015 taxable year. SEC. 2. (a) The amendments made by this act that conform to the amendments made by Section 102 of the federal Tax Increase Prevention Act of 2014 (Public Law 113-295) to Section 108 of the Internal Revenue Code, relating to income from discharge of indebtedness, apply to qualified principal residence indebtedness that is discharged on and after January 1, 2014, and before January 1, 2015. (b) The Legislature finds and declares that the amendments made by this act and the retroactive application contained in the preceding sentence are necessary for the public purpose of conforming state law to the amendments to the Internal Revenue Code as made by the federal Tax Increase Prevention Act of 2014 (Public Law 113-295), thereby preventing undue hardship to taxpayers whose qualified principal residence indebtedness was discharged on and after January 1, 2014, and before January 1, 2015, and do not constitute a gift of public funds within the meaning of Section 6 of Article XVI of the California Constitution. SEC. 3. (a) The amendments made by this act that conform to the amendments made by Section 151 of the federal Protecting Americans from Tax Hikes Act of 2015 (Division Q of Public Law 114-113) to Section 108 of the Internal Revenue Code, relating to income from discharge of indebtedness, apply to qualified principal residence indebtedness that is discharged on and after January 1, 2015, and before January 1, 2017, except for any discharge of qualified principal residence indebtedness that is subject to an arrangement that is entered into and evidenced in writing before January 1, 2017, in which case the amendments made by this act that conform to the amendments made by Section 151 of the Protecting Americans from Tax Hikes Act of 2015 (Division Q of Public Law 114-113) apply to qualified principal residence indebtedness that is discharged after January 1, 2017. (b) The Legislature finds and declares that the amendments made by this act and the retroactive application contained in the preceding sentence regarding debt discharged before January 1, 2016, are necessary for the public purpose of conforming state law to the amendments to the Internal Revenue Code as made by the federal Protecting Americans from Tax Hikes Act of 2015 (Division Q of Public Law 114-113), thereby preventing undue hardship to taxpayers whose qualified principal residence indebtedness was discharged on and after January 1, 2015, and before January 1, 2016, and do not constitute a gift of public funds within the meaning of Section 6 of Article XVI of the California Constitution. SEC. 4. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to provide tax relief to distressed homeowners at the earliest possible time, it is necessary that this act take effect immediately. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 20583 of the Revenue and Taxation Code is amended to read: 20583. (a) “Residential dwelling” 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. (b) As used in this chapter in reference to ownership interests in residential dwellings, “owned” 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 “owned” 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’s interest is adequately protected. (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. (d) “Residential dwelling” does not include any of the following: (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’s interest is adequately protected. The 40-percent equity requirement shall be met each time the claimant or authorized agent files a postponement claim. (2) Any residential dwelling in which the claimant’s 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. (3) Any residential dwelling on which the claimant does not receive a secured tax bill. (4) Any residential dwelling in which the claimant’s interest is held as a possessory interest, except as provided in Chapter 3.5 (commencing with Section 20640). SEC. 1.5. Section 20583 of the Revenue and Taxation Code is amended to read: 20583. (a) “Residential dwelling” 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. (b) As used in this chapter in reference to ownership interests in residential dwellings, “owned” 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 “owned” 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’s interest is adequately protected. (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. (d) “Residential dwelling” does not include any of the following: (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’s interest is adequately protected. The 40-percent equity requirement shall be met each time the claimant or authorized agent files a postponement claim. (2) Any residential dwelling in which the claimant’s 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. (3) Any residential dwelling on which the claimant does not receive a secured tax bill. (4) Any residential dwelling in which the claimant’s interest is held as a possessory interest, except as provided in Chapter 3.5 (commencing with Section 20640). (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. SEC. 2. Section 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. SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

Existing law authorizes the Controller, upon approval of a claim for the postponement of ad valorem property taxes, to directly pay a county tax collector for the property taxes owed by the claimant, as provided. Existing law requires all sums paid for the postponement of property taxes pursuant to these provisions to be secured by a lien in favor of the state. Amounts owed by a claimant are due if the claimant, or his or her surviving spouse, ceases to occupy the premises as his or her residential dwelling, dies, disposes of the property, or allows specified taxes and special assessments to become delinquent, as provided. Existing law requires that the residential dwelling be owned by the claimant, the claimant and spouse, or the claimant and another specified individual. Existing law requires a claimant to file a claim containing specified information, including a description of the residential dwelling, under penalty of perjury. This bill would provide that “owned” for these purposes includes the interest of a beneficiary of a special needs trust. This bill would incorporate additional changes to Section 20583 of the Revenue and Taxation Code proposed by AB 1952 that would become operative if both bills are enacted and this bill is enacted last. By requiring a special needs trust claimant for property tax postponement to file certain information under penalty of perjury, thereby expanding the crime of perjury, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 20583 of the Revenue and Taxation Code is amended to read: 20583. (a) “Residential dwelling” 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. (b) As used in this chapter in reference to ownership interests in residential dwellings, “owned” 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 “owned” 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’s interest is adequately protected. (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. (d) “Residential dwelling” does not include any of the following: (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’s interest is adequately protected. The 40-percent equity requirement shall be met each time the claimant or authorized agent files a postponement claim. (2) Any residential dwelling in which the claimant’s 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. (3) Any residential dwelling on which the claimant does not receive a secured tax bill. (4) Any residential dwelling in which the claimant’s interest is held as a possessory interest, except as provided in Chapter 3.5 (commencing with Section 20640). SEC. 1.5. Section 20583 of the Revenue and Taxation Code is amended to read: 20583. (a) “Residential dwelling” 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. (b) As used in this chapter in reference to ownership interests in residential dwellings, “owned” 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 “owned” 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’s interest is adequately protected. (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. (d) “Residential dwelling” does not include any of the following: (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’s interest is adequately protected. The 40-percent equity requirement shall be met each time the claimant or authorized agent files a postponement claim. (2) Any residential dwelling in which the claimant’s 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. (3) Any residential dwelling on which the claimant does not receive a secured tax bill. (4) Any residential dwelling in which the claimant’s interest is held as a possessory interest, except as provided in Chapter 3.5 (commencing with Section 20640). (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. SEC. 2. Section 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. SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 4616.4 of the Labor Code is amended to read: 4616.4. (a) (1) The administrative director shall contract with individual physicians, as described in paragraph (2), or an independent medical review organization to perform medical provider network (MPN) independent medical reviews pursuant to this section. (2) Only a physician licensed pursuant to Chapter 5 (commencing with Section 2000) of the Business and Professions Code may be an MPN independent medical reviewer. (3) The administrative director shall ensure that an MPN independent medical reviewer or those within the review organization shall do all of the following: (A) Be appropriately credentialed and privileged. (B) Ensure that the reviews provided by the medical professionals are timely, clear, and credible, and that reviews are monitored for quality on an ongoing basis. (C) Ensure that the method of selecting medical professionals for individual cases achieves a fair and impartial panel of medical professionals who are qualified to render recommendations regarding the clinical conditions consistent with the medical utilization schedule established pursuant to Section 5307.27. (D) Ensure that confidentiality of medical records and the review materials, consistent with the requirements of this section and applicable state and federal law. (E) Ensure the independence of the medical professionals retained to perform the reviews through conflict-of-interest policies and prohibitions, and ensure adequate screening for conflicts of interest. (4) A medical professional selected by the administrative director or the independent medical review organization to review medical treatment decisions shall be a physician, as specified in paragraph (2) of subdivision (a), who meets the following minimum requirements: (A) The medical professional shall be a clinician knowledgeable in the treatment of the employee’s medical condition, knowledgeable about the proposed treatment, and familiar with guidelines and protocols in the area of treatment under review. (B) Notwithstanding any other law, the medical professional shall hold a nonrestricted license in any state of the United States, and for a physician, a current certification by a recognized American medical specialty board in the area or areas appropriate to the condition or treatment under review. (C) The medical professional shall have no history of disciplinary action or sanctions, including, but not limited to, loss of staff privileges or participation restrictions taken or pending by any hospital, government, or regulatory body. (b) If, after the third physician’s opinion, the treatment or diagnostic service remains disputed, the injured employee may request an MPN independent medical review regarding the disputed treatment or diagnostic service still in dispute after the third physician’s opinion in accordance with Section 4616.3. The standard to be utilized for an MPN independent medical review is identical to that contained in the medical treatment utilization schedule established in Section 5307.27. (c) An application for an MPN independent medical review shall be submitted to the administrative director on a one-page form provided by the administrative director entitled “MPN Independent Medical Review Application.” The form shall contain a signed release from the injured employee, or a person authorized pursuant to law to act on behalf of the injured employee, authorizing the release of medical and treatment information. The injured employee may provide any relevant material or documentation with the application. The administrative director or the independent medical review organization shall assign the MPN independent medical reviewer. (d) Following receipt of the application for an MPN independent medical review, the employer or insurer shall provide the MPN independent medical reviewer, assigned pursuant to subdivision (c), with all information that was considered in relation to the disputed treatment or diagnostic service, including both of the following: (1) A copy of all correspondence from, and received by, any treating physician who provided a treatment or diagnostic service to the injured employee in connection with the injury. (2) A complete and legible copy of all medical records and other information used by the physicians in making a decision regarding the disputed treatment or diagnostic service. (e) Upon receipt of information and documents related to the application for an MPN independent medical review, the MPN independent medical reviewer shall conduct a physical examination of the injured employee at the employee’s discretion. The MPN independent medical reviewer may order any diagnostic tests necessary to make his or her determination regarding medical treatment. Utilizing the medical treatment utilization schedule established pursuant to Section 5307.27, and taking into account any reports and information provided, the MPN independent medical reviewer shall determine whether the disputed health care service was consistent with Section 5307.27 based on the specific medical needs of the injured employee. (f) The MPN independent medical reviewer shall issue a report to the administrative director, in writing, and in layperson’s terms to the maximum extent practicable, containing his or her analysis and determination whether the disputed health care service was consistent with the medical treatment utilization schedule established pursuant to Section 5307.27, within 30 days of the examination of the injured employee, or within less time as prescribed by the administrative director. If the disputed health care service has not been provided and the MPN independent medical reviewer certifies in writing that an imminent and serious threat to the health of the injured employee may exist, including, but not limited to, serious pain, the potential loss of life, limb, or major bodily function, or the immediate and serious deterioration of the injured employee, the report shall be expedited and rendered within three days of the examination by the MPN independent medical reviewer. Subject to the approval of the administrative director, the deadlines for analyses and determinations involving both regular and expedited reviews may be extended by the administrative director for up to three days in extraordinary circumstances or for good cause. (g) The MPN independent medical reviewer’s analysis shall cite the injured employee’s medical condition, the relevant documents in the record, and the relevant findings associated with the documents or any other information submitted to the MPN independent medical reviewer in order to support the determination. (h) The administrative director shall immediately adopt the determination of the MPN independent medical reviewer, and shall promptly issue a written decision to the parties. (i) If the determination of the MPN independent medical reviewer finds that the disputed treatment or diagnostic service is consistent with Section 5307.27, the injured employee may seek the disputed treatment or diagnostic service from a physician of his or her choice from within or outside the medical provider network. Treatment outside the medical provider network shall be provided consistent with Section 5307.27. The employer shall be liable for the cost of any approved medical treatment in accordance with Section 5307.1 or 5307.11.

Existing law establishes a workers’ compensation system, administered by the Administrative Director of the Division of Workers’ Compensation, to compensate an employee for injuries sustained in the course of his or her employment. Existing law authorizes an insurer, employer, or entity that provides physician network services to establish or modify a medical provider network for the provision of medical treatment to injured employees, and requires the administrative director to contract with individual physicians or an independent medical review organization to perform medical provider network independent medical reviews. Existing law provides that if a treatment or diagnostic service remains disputed after a 3rd physician’s opinion, the injured employee may request a medical provider network independent medical review. Existing law requires the review to use standards established in statute or use the American College of Occupational and Environmental Medicine’s Occupational Medicine Practice Guidelines. This bill would delete the authorization to use the American College of Occupational and Environmental Medicine’s Occupational Medicine Practice Guidelines as standards for those independent medical reviews. The bill would make additional technical, nonsubstantive changes.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 4616.4 of the Labor Code is amended to read: 4616.4. (a) (1) The administrative director shall contract with individual physicians, as described in paragraph (2), or an independent medical review organization to perform medical provider network (MPN) independent medical reviews pursuant to this section. (2) Only a physician licensed pursuant to Chapter 5 (commencing with Section 2000) of the Business and Professions Code may be an MPN independent medical reviewer. (3) The administrative director shall ensure that an MPN independent medical reviewer or those within the review organization shall do all of the following: (A) Be appropriately credentialed and privileged. (B) Ensure that the reviews provided by the medical professionals are timely, clear, and credible, and that reviews are monitored for quality on an ongoing basis. (C) Ensure that the method of selecting medical professionals for individual cases achieves a fair and impartial panel of medical professionals who are qualified to render recommendations regarding the clinical conditions consistent with the medical utilization schedule established pursuant to Section 5307.27. (D) Ensure that confidentiality of medical records and the review materials, consistent with the requirements of this section and applicable state and federal law. (E) Ensure the independence of the medical professionals retained to perform the reviews through conflict-of-interest policies and prohibitions, and ensure adequate screening for conflicts of interest. (4) A medical professional selected by the administrative director or the independent medical review organization to review medical treatment decisions shall be a physician, as specified in paragraph (2) of subdivision (a), who meets the following minimum requirements: (A) The medical professional shall be a clinician knowledgeable in the treatment of the employee’s medical condition, knowledgeable about the proposed treatment, and familiar with guidelines and protocols in the area of treatment under review. (B) Notwithstanding any other law, the medical professional shall hold a nonrestricted license in any state of the United States, and for a physician, a current certification by a recognized American medical specialty board in the area or areas appropriate to the condition or treatment under review. (C) The medical professional shall have no history of disciplinary action or sanctions, including, but not limited to, loss of staff privileges or participation restrictions taken or pending by any hospital, government, or regulatory body. (b) If, after the third physician’s opinion, the treatment or diagnostic service remains disputed, the injured employee may request an MPN independent medical review regarding the disputed treatment or diagnostic service still in dispute after the third physician’s opinion in accordance with Section 4616.3. The standard to be utilized for an MPN independent medical review is identical to that contained in the medical treatment utilization schedule established in Section 5307.27. (c) An application for an MPN independent medical review shall be submitted to the administrative director on a one-page form provided by the administrative director entitled “MPN Independent Medical Review Application.” The form shall contain a signed release from the injured employee, or a person authorized pursuant to law to act on behalf of the injured employee, authorizing the release of medical and treatment information. The injured employee may provide any relevant material or documentation with the application. The administrative director or the independent medical review organization shall assign the MPN independent medical reviewer. (d) Following receipt of the application for an MPN independent medical review, the employer or insurer shall provide the MPN independent medical reviewer, assigned pursuant to subdivision (c), with all information that was considered in relation to the disputed treatment or diagnostic service, including both of the following: (1) A copy of all correspondence from, and received by, any treating physician who provided a treatment or diagnostic service to the injured employee in connection with the injury. (2) A complete and legible copy of all medical records and other information used by the physicians in making a decision regarding the disputed treatment or diagnostic service. (e) Upon receipt of information and documents related to the application for an MPN independent medical review, the MPN independent medical reviewer shall conduct a physical examination of the injured employee at the employee’s discretion. The MPN independent medical reviewer may order any diagnostic tests necessary to make his or her determination regarding medical treatment. Utilizing the medical treatment utilization schedule established pursuant to Section 5307.27, and taking into account any reports and information provided, the MPN independent medical reviewer shall determine whether the disputed health care service was consistent with Section 5307.27 based on the specific medical needs of the injured employee. (f) The MPN independent medical reviewer shall issue a report to the administrative director, in writing, and in layperson’s terms to the maximum extent practicable, containing his or her analysis and determination whether the disputed health care service was consistent with the medical treatment utilization schedule established pursuant to Section 5307.27, within 30 days of the examination of the injured employee, or within less time as prescribed by the administrative director. If the disputed health care service has not been provided and the MPN independent medical reviewer certifies in writing that an imminent and serious threat to the health of the injured employee may exist, including, but not limited to, serious pain, the potential loss of life, limb, or major bodily function, or the immediate and serious deterioration of the injured employee, the report shall be expedited and rendered within three days of the examination by the MPN independent medical reviewer. Subject to the approval of the administrative director, the deadlines for analyses and determinations involving both regular and expedited reviews may be extended by the administrative director for up to three days in extraordinary circumstances or for good cause. (g) The MPN independent medical reviewer’s analysis shall cite the injured employee’s medical condition, the relevant documents in the record, and the relevant findings associated with the documents or any other information submitted to the MPN independent medical reviewer in order to support the determination. (h) The administrative director shall immediately adopt the determination of the MPN independent medical reviewer, and shall promptly issue a written decision to the parties. (i) If the determination of the MPN independent medical reviewer finds that the disputed treatment or diagnostic service is consistent with Section 5307.27, the injured employee may seek the disputed treatment or diagnostic service from a physician of his or her choice from within or outside the medical provider network. Treatment outside the medical provider network shall be provided consistent with Section 5307.27. The employer shall be liable for the cost of any approved medical treatment in accordance with Section 5307.1 or 5307.11. ### Summary: This text is about the people of the State of California.<eos>

The people of the State of California do enact as follows: SECTION 1. Section 84211 of the Government Code is amended to read: 84211. Each campaign statement required by this article shall contain all of the following information: (a) The total amount of contributions received during the period covered by the campaign statement and the total cumulative amount of contributions received. (b) The total amount of expenditures made during the period covered by the campaign statement and the total cumulative amount of expenditures made. (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. (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). (e) The balance of cash and cash equivalents on hand at the beginning and the end of the period covered by the campaign statement. (f) If the cumulative amount of contributions (including loans) contributions, including loans, received 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: (1) His or her full name. (2) His or her street address. (3) His or her occupation. (4) The name of his or her employer, or if self-employed, the name of the business. (5) The date and amount received for of each contribution received during the period covered by the campaign statement and and, if the contribution is a loan, the interest rate for the loan. (6) The cumulative amount of contributions. (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: (1) His or her full name. (2) His or her street address. (3) His or her occupation. (4) The name of his or her employer, or if self-employed, the name of the business. (5) The original date and amount of each loan. (6) The due date and interest rate of the loan. (7) The cumulative payment made or received to date at the end of the reporting period. (8) The balance outstanding at the end of the reporting period. (9) The cumulative amount of contributions. (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: (1) His or her full name. (2) His or her street address. (3) His or her occupation. (4) The name of his or her employer, or if self-employed, the name of the business. (5) The amount of his or her maximum liability outstanding. (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. (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). (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: (1) His or her full name. (2) His or her street address. (3) The amount of each expenditure. (4) A brief description of the consideration for which each expenditure was made. (5) In the case of an expenditure which that is 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 (4) above, (4), inclusive, the date of the contribution or independent expenditure, expenditure; the 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. (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. For purposes of subdivisions (i), (j), and (k) only, the terms “expenditure” or “expenditures” 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. (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. (m) If a committee is listed pursuant to subdivision (f), (g), (h), (k), (l), or (q), (p), the 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) 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 through to June 30 , inclusive, and the total amount of contributions received and expenditures made for the period July 1 through to December 31 , inclusive . (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. (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. (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. (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’s campaign statement shall also contain, in addition to the information required by subdivision (k), that person’s name, the relationship of that person to the committee, and a description of that person’s ownership interest or position with the business entity. (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’s campaign statement shall also contain, in addition to the information required by subdivision (k), that person’s name, the relationship of that person to the committee, and a description of that person’s ownership interest or position with the business entity. (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: (1) If the filer is an individual, the name and address of the filer’s 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. (2) If the filer is a business entity, a description of the business activity in which it is engaged. (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. (4) If the filer is not an individual, business entity, or industry, trade, or professional association, a statement of the person’s 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.

The Political Reform Act of 1974 generally requires elected officials, candidates for elective office, and committees formed primarily to support or oppose a candidate for public office or a ballot measure, along with other entities, to file periodic campaign statements. The act requires that these campaign statements contain prescribed information related to campaign contributions and expenditures of the filing entities. This bill would correct an erroneous cross-reference in these provisions and would make other technical, nonsubstantive changes.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 84211 of the Government Code is amended to read: 84211. Each campaign statement required by this article shall contain all of the following information: (a) The total amount of contributions received during the period covered by the campaign statement and the total cumulative amount of contributions received. (b) The total amount of expenditures made during the period covered by the campaign statement and the total cumulative amount of expenditures made. (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. (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). (e) The balance of cash and cash equivalents on hand at the beginning and the end of the period covered by the campaign statement. (f) If the cumulative amount of contributions (including loans) contributions, including loans, received 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: (1) His or her full name. (2) His or her street address. (3) His or her occupation. (4) The name of his or her employer, or if self-employed, the name of the business. (5) The date and amount received for of each contribution received during the period covered by the campaign statement and and, if the contribution is a loan, the interest rate for the loan. (6) The cumulative amount of contributions. (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: (1) His or her full name. (2) His or her street address. (3) His or her occupation. (4) The name of his or her employer, or if self-employed, the name of the business. (5) The original date and amount of each loan. (6) The due date and interest rate of the loan. (7) The cumulative payment made or received to date at the end of the reporting period. (8) The balance outstanding at the end of the reporting period. (9) The cumulative amount of contributions. (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: (1) His or her full name. (2) His or her street address. (3) His or her occupation. (4) The name of his or her employer, or if self-employed, the name of the business. (5) The amount of his or her maximum liability outstanding. (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. (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). (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: (1) His or her full name. (2) His or her street address. (3) The amount of each expenditure. (4) A brief description of the consideration for which each expenditure was made. (5) In the case of an expenditure which that is 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 (4) above, (4), inclusive, the date of the contribution or independent expenditure, expenditure; the 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. (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. For purposes of subdivisions (i), (j), and (k) only, the terms “expenditure” or “expenditures” 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. (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. (m) If a committee is listed pursuant to subdivision (f), (g), (h), (k), (l), or (q), (p), the 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) 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 through to June 30 , inclusive, and the total amount of contributions received and expenditures made for the period July 1 through to December 31 , inclusive . (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. (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. (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. (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’s campaign statement shall also contain, in addition to the information required by subdivision (k), that person’s name, the relationship of that person to the committee, and a description of that person’s ownership interest or position with the business entity. (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’s campaign statement shall also contain, in addition to the information required by subdivision (k), that person’s name, the relationship of that person to the committee, and a description of that person’s ownership interest or position with the business entity. (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: (1) If the filer is an individual, the name and address of the filer’s 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. (2) If the filer is a business entity, a description of the business activity in which it is engaged. (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. (4) If the filer is not an individual, business entity, or industry, trade, or professional association, a statement of the person’s 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. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 115843.6 of the Health and Safety Code is amended to read: 115843.6. (a) In the Bear Lake Reservoir, recreational uses shall not include recreation in which any participant has bodily contact with the water, unless all of the following conditions are satisfied: (1) The water subsequently receives complete water treatment, in compliance with all applicable board regulations, including oxidation, filtration, and disinfection, before being used for domestic purposes. The disinfection shall include, but is not limited to, the use of an advanced technology capable of inactivating organisms, including, but not limited to, viruses, cryptosporidium, and giardia, to levels that comply with board regulations. The treatment shall include, but need not be limited to, filtration with a micro or ultrafiltration system rated to 0.1 micron or less. The treatment shall, at a minimum, comply with all state laws and board regulations and all federal laws and regulations, including, but not limited to, the federal Environmental Protection Agency Long Term 2 Enhanced Surface Water Treatment Rule. Nothing in this division shall limit the state or the board in imposing more stringent treatment standards than those required by federal law. (2) The Lake Alpine Water Company conducts a monitoring program for cryptosporidium, giardia, and total coliform bacteria, including E. coli and fecal coliform, at the reservoir intake and at posttreatment at a frequency determined by the board, but no less than three times during the period when bodily contact is allowed pursuant to paragraph (4). (3) The reservoir is operated in compliance with regulations of the board. (4) Bodily contact is allowed for no more than four months each year. (b) The recreational use of Bear Lake Reservoir shall be subject to additional conditions and restrictions adopted by the entity operating the water supply reservoir, or required by the board, that are required to further protect or enhance the public health and safety and do not conflict with regulations of the board. (c) The Lake Alpine Water Company shall file, on or before December 31, 2017, and biennially thereafter, with the Legislature in accordance with Section 9795 of the Government Code and the board, a report on the recreational uses at Bear Lake Reservoir and the water treatment program for that reservoir. That report shall include, but is not limited to, all of the following information: (1) The estimated levels and types of recreational uses at the reservoir on a monthly basis. (2) A summary of monitoring in the Bear Lake Reservoir watershed for cryptosporidium, giardia, and total coliform bacteria, including E. coli and fecal coliform. (3) The most current sanitary survey of the watershed and water quality monitoring. (4) As deemed necessary by the board, an evaluation of recommendations relating to inactivation and removal of cryptosporidium and giardia. (5) Annual reports provided to the board as required by the water permit issued by the board. (6) An evaluation of the impact on source water quality due to recreational activities on Bear Lake Reservoir, including any microbiological monitoring. (7) A summary of activities for operation of recreational uses and facilities in a manner that optimizes the water quality. (8) The reservoir management plan and the operations plan. (9) The annual water reports submitted to the consumers each year. (d) If there is a change in operation of the treatment facility or a change in the quantity of water to be treated at the treatment facility, the board may require the entity operating the water supply reservoir to file a report that includes, but is not limited to, the information required in subdivision (c), and the entity shall demonstrate to the satisfaction of the board that water quality will not be adversely affected. (e) (1) The board shall, at the end of each recreational season, annually review monitoring and reporting data from the Bear Lake Reservoir to ensure full compliance with this section. (2) If at any time the board finds a failure to comply with this section, the exemption granted pursuant to this section shall cease immediately, and a permit issued to the Lake Alpine Water Company pursuant to Chapter 4 (commencing with Section 116270) of Part 12 may be subject to suspension, amendment, or revocation pursuant to that chapter. A failure to comply with this section shall be deemed a violation of Chapter 4 (commencing with Section 116270) of Part 12 and shall be subject to any applicable fines, penalties, or other enforcement action provided under that chapter. (f) As used in this section, “board” means the State Water Resources Control Board. (g) This section shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date. SEC. 2. The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances in the Bear Lake Reservoir. The facts constituting the special circumstances are: Recreational activities occur at Bear Lake Reservoir pursuant to Section 115843.6 of the Health and Safety Code, provided certain conditions are met. The Lake Alpine Water Company will continue effective water treatment through microfiltration and disinfection in order for bodily contact to continue, and the company will provide information to the Legislature regarding certain issues to ensure that any recreational uses at the reservoir do not affect the provision of domestic water to district customers. SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

Existing law prohibits recreational use involving bodily contact with the water in Bear Lake Reservoir unless certain conditions are satisfied, including that the water subsequently receives complete water treatment. Existing law requires the Lake Alpine Water Company, on or before January 1, 2016, to file with the Legislature a report on the recreational uses at Bear Lake Reservoir and the water treatment program for that reservoir. Existing law provides that, upon a finding of noncompliance, the Lake Alpine Water Company could be subject to suspension, amendment, or revocation of any permit issued pursuant to specified provisions, and that failure to comply with these provisions would be deemed a violation subject to specified fines, penalties, or other enforcement actions. Existing law repeals these provisions on January 1, 2017. This bill would extend the operation of all these provisions until January 1, 2022, and would require the Lake Alpine Water Company to file the report on or before December 31, 2017, and biennially thereafter until January 1, 2022. By expanding the scope of a crime, the bill would create a state-mandated local program. This bill would make legislative findings and declarations as to the necessity of a special statute for the Bear Lake Reservoir. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 115843.6 of the Health and Safety Code is amended to read: 115843.6. (a) In the Bear Lake Reservoir, recreational uses shall not include recreation in which any participant has bodily contact with the water, unless all of the following conditions are satisfied: (1) The water subsequently receives complete water treatment, in compliance with all applicable board regulations, including oxidation, filtration, and disinfection, before being used for domestic purposes. The disinfection shall include, but is not limited to, the use of an advanced technology capable of inactivating organisms, including, but not limited to, viruses, cryptosporidium, and giardia, to levels that comply with board regulations. The treatment shall include, but need not be limited to, filtration with a micro or ultrafiltration system rated to 0.1 micron or less. The treatment shall, at a minimum, comply with all state laws and board regulations and all federal laws and regulations, including, but not limited to, the federal Environmental Protection Agency Long Term 2 Enhanced Surface Water Treatment Rule. Nothing in this division shall limit the state or the board in imposing more stringent treatment standards than those required by federal law. (2) The Lake Alpine Water Company conducts a monitoring program for cryptosporidium, giardia, and total coliform bacteria, including E. coli and fecal coliform, at the reservoir intake and at posttreatment at a frequency determined by the board, but no less than three times during the period when bodily contact is allowed pursuant to paragraph (4). (3) The reservoir is operated in compliance with regulations of the board. (4) Bodily contact is allowed for no more than four months each year. (b) The recreational use of Bear Lake Reservoir shall be subject to additional conditions and restrictions adopted by the entity operating the water supply reservoir, or required by the board, that are required to further protect or enhance the public health and safety and do not conflict with regulations of the board. (c) The Lake Alpine Water Company shall file, on or before December 31, 2017, and biennially thereafter, with the Legislature in accordance with Section 9795 of the Government Code and the board, a report on the recreational uses at Bear Lake Reservoir and the water treatment program for that reservoir. That report shall include, but is not limited to, all of the following information: (1) The estimated levels and types of recreational uses at the reservoir on a monthly basis. (2) A summary of monitoring in the Bear Lake Reservoir watershed for cryptosporidium, giardia, and total coliform bacteria, including E. coli and fecal coliform. (3) The most current sanitary survey of the watershed and water quality monitoring. (4) As deemed necessary by the board, an evaluation of recommendations relating to inactivation and removal of cryptosporidium and giardia. (5) Annual reports provided to the board as required by the water permit issued by the board. (6) An evaluation of the impact on source water quality due to recreational activities on Bear Lake Reservoir, including any microbiological monitoring. (7) A summary of activities for operation of recreational uses and facilities in a manner that optimizes the water quality. (8) The reservoir management plan and the operations plan. (9) The annual water reports submitted to the consumers each year. (d) If there is a change in operation of the treatment facility or a change in the quantity of water to be treated at the treatment facility, the board may require the entity operating the water supply reservoir to file a report that includes, but is not limited to, the information required in subdivision (c), and the entity shall demonstrate to the satisfaction of the board that water quality will not be adversely affected. (e) (1) The board shall, at the end of each recreational season, annually review monitoring and reporting data from the Bear Lake Reservoir to ensure full compliance with this section. (2) If at any time the board finds a failure to comply with this section, the exemption granted pursuant to this section shall cease immediately, and a permit issued to the Lake Alpine Water Company pursuant to Chapter 4 (commencing with Section 116270) of Part 12 may be subject to suspension, amendment, or revocation pursuant to that chapter. A failure to comply with this section shall be deemed a violation of Chapter 4 (commencing with Section 116270) of Part 12 and shall be subject to any applicable fines, penalties, or other enforcement action provided under that chapter. (f) As used in this section, “board” means the State Water Resources Control Board. (g) This section shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date. SEC. 2. The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances in the Bear Lake Reservoir. The facts constituting the special circumstances are: Recreational activities occur at Bear Lake Reservoir pursuant to Section 115843.6 of the Health and Safety Code, provided certain conditions are met. The Lake Alpine Water Company will continue effective water treatment through microfiltration and disinfection in order for bodily contact to continue, and the company will provide information to the Legislature regarding certain issues to ensure that any recreational uses at the reservoir do not affect the provision of domestic water to district customers. SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 63089.1 of the Government Code is amended to read: 63089.1. (a) The program manager acting under the guidance of the executive director shall do all of the following: (1) Administer this chapter. (2) Enter into a contract between the bank and each corporation for services to be provided by the corporations for one or more programs or financial products under this chapter and Chapter 1 (commencing with Section 14000) of Part 5 of Division 3 of Title 1 of the Corporations Code. (3) In accordance with available resources, allow the use of branch offices for the purposes of making these programs under this chapter accessible to all areas of the state. (4) Require each corporation to submit an annual written plan of operation. (5) Authorize the distribution, transfer, leverage, and withholding of moneys in the expansion fund and trust funds. (6) Authorize the investment of expansion and trust fund moneys. (7) Oversee the operations of one or more programs authorized pursuant to this chapter and by Section 8684.2. (8) Act as liaison between corporations, other state and federal agencies, lenders, and the Legislature. (9) Act as secretary to the California Small Business Board, and attend meetings of the California Small Business Board and the bank board. (b) The program manager may attend and participate at corporation meetings. The program manager or his or her designee shall be an ex officio, nonvoting representative on the board of directors and loan committees of each corporation. The program manager shall confer with the board of directors of each corporation as appropriate and necessary to carry out his or her duties, but in no case shall the program manager confer less than once each fiscal year. (c) In accordance with available resources, assist corporations in applying for public and private funding opportunities, and in obtaining program support from the business community. SEC. 2. Section 63089.5 of the Government Code, as added by Section 4 of Chapter 537 of the Statutes of 2013, is amended to read: 63089.5. (a) There is hereby continued in existence in the State Treasury the California Small Business Expansion Fund. All or a portion of the funds in the expansion fund may be paid out, with the approval of the Department of Finance, to a financial institution or financial company that will establish a trust fund and act as trustee of the funds. (b) The expansion fund and the trust fund shall be used for the following purposes: (1) To pay defaulted loan guarantee or surety bond losses, or other financial product defaults or losses. (2) To fund direct loans and other debt instruments. (3) To pay administrative costs of corporations. (4) To pay state support and administrative costs. (5) To pay those costs necessary to protect a real property interest in a financial product default. (c) The expansion fund and trust fund are created solely for the purpose of receiving state, federal, or local government moneys, and other public or private moneys to make loans, guarantees, and other financial products that the California Small Business Finance Center or a financial development corporation is authorized to provide. The program manager shall provide written notice to the Joint Legislative Budget Committee and to the Chief Clerk of the Assembly and the Secretary of the Senate who shall provide a copy of the notice to the relevant policy committees within 10 days of any nonstate funds being deposited in the expansion fund. The notice shall include the source, purpose, timeliness, and other relevant information as determined by the bank board. (d) (1) One or more accounts in the expansion fund and the trust fund may be created by the program manager for corporations participating in one or more programs authorized under this chapter and Section 8684.2. Each account is a legally separate account, and shall not be used to satisfy loan guarantees or other financial product obligations of another corporation except when the expansion fund or trust fund is shared by multiple corporations. (2) The program manager may create one or more holding accounts in the expansion fund or the trust fund, or in both, to accommodate the temporary or permanent transfers of funds pursuant to Section 63089.3. (e) The amount of guarantee liability outstanding at any one time shall not exceed 10 times the amount of funds on deposit in the expansion fund plus any receivables due from funds loaned from the expansion fund to another fund in state government as directed by the Department of Finance pursuant to a statute enacted by the Legislature, including each of the trust fund accounts within the trust fund. SEC. 3. Section 63089.5 of the Government Code, as amended by Section 8 of Chapter 132 of the Statutes of 2014, is repealed. SEC. 4. Section 63089.60 of the Government Code, as added by Section 4 of Chapter 537 of the Statutes of 2013, is amended to read: 63089.60. (a) The program manager shall recommend whether the expansion fund and trust fund accounts are to be leveraged, and if so, by how much. Upon the request of the corporation, the program manager’s decision may be repealed or modified by the executive director or the bank board. (b) The amount of guarantee liability outstanding at any one tid by a reserve of at least 10 percent to be determined by the program manager unless a higher leverage ratio for an individual corporation has been approved pursuant to subdivision (b) of Section 63089.56. (c) The expansion fund and trust fund accounts shall be used to guarantee obligations and other financial product obligations, to pay the administrative costs of the corporations, and for other uses pursuant to this chapter and Section 8684.2. SEC. 7. Section 63089.61 of the Government Code, as added by Section 4 of Chapter 537 of the Statutes of 2013, is repealed. SEC. 8. Section 63089.62 of the Government Code, as added by Section 4 of Chapter 537 of the Statutes of 2013, is amended to read: 63089.62. (a) It is the intent of the Legislature that the corporations make maximum use of their statutory authority to guarantee loans and surety bonds, and administer other financial products, including the authority to secure loans with a minimum loan loss reserve of only 10 percent, unless the program manager authorizes a higher leverage ratio for an individual corporation pursuant to subdivision (b) of Section 63089.56, so that the financing needs of small business may be met as fully as possible within the limits of corporations’ trust fund account balance. (b) Any corporation that serves an area declared to be in a state of emergency by the Governor or a disaster area by the President of the United States, the Administrator of the United States Small Business Administration, or the United States Secretary of Agriculture shall increase the portfolio of loan guarantees where the dollar amount of the loan is less than one hundred thousand dollars ($100,000), so that at least 15 percent of the dollar value of loans guaranteed by the corporation is for those loans. The corporation shall comply with this requirement within one year of the date the emergency or disaster is declared. Upon application of a corporation, the executive director may waive or modify the rule for the corporation if the corporation demonstrates that it made a good faith effort to comply and failed to locate lending institutions in the region that the corporation serves that are willing to make guaranteed loans in that amount. SEC. 9. Section 63089.62 of the Government Code, as added by Section 4 of Chapter 537 of the Statutes of 2013, is repealed.

Existing law, the Small Business Financial Assistance Act of 2013, establishes the California Small Business Expansion Fund, a continuously appropriated fund that includes General Fund moneys. The act requires guarantees made by small business financial development corporations to be backed by funds on deposit in the corporation’s trust fund account or by receivables due from funds loaned from the corporation’s trust fund account to another fund in state government, as specified, and requires these loan guarantees to be secured by a reserve of at least 20%, until January 1, 2018, and 25% thereafter, as specified. This bill would reduce the required reserve to 10% indefinitely and would make conforming changes with respect to related statements of legislative intent. Existing law prohibits the amount of guarantee liability outstanding at any one time from exceeding 5 times the amount of funds on deposit in the expansion fund plus any receivables due from funds loaned from the expansion fund to another fund in state government, as specified, until January 1, 2018, and 4 times thereafter. This bill would increase that maximum amount to 10 times the amount of funds on deposit in the expansion fund plus any receivables due from funds loaned from the expansion fund to another fund in state government, as specified, would apply that increased amount indefinitely, and would make conforming changes. Existing law requires the program manager under the guidance of the executive director of the California Infrastructure and Economic Development Bank, to, among other things, authorize the distribution, transfer, and withholding of moneys in the expansion fund and trust funds. This bill would also require the program manager to leverage moneys in the expansion fund and trust funds.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 63089.1 of the Government Code is amended to read: 63089.1. (a) The program manager acting under the guidance of the executive director shall do all of the following: (1) Administer this chapter. (2) Enter into a contract between the bank and each corporation for services to be provided by the corporations for one or more programs or financial products under this chapter and Chapter 1 (commencing with Section 14000) of Part 5 of Division 3 of Title 1 of the Corporations Code. (3) In accordance with available resources, allow the use of branch offices for the purposes of making these programs under this chapter accessible to all areas of the state. (4) Require each corporation to submit an annual written plan of operation. (5) Authorize the distribution, transfer, leverage, and withholding of moneys in the expansion fund and trust funds. (6) Authorize the investment of expansion and trust fund moneys. (7) Oversee the operations of one or more programs authorized pursuant to this chapter and by Section 8684.2. (8) Act as liaison between corporations, other state and federal agencies, lenders, and the Legislature. (9) Act as secretary to the California Small Business Board, and attend meetings of the California Small Business Board and the bank board. (b) The program manager may attend and participate at corporation meetings. The program manager or his or her designee shall be an ex officio, nonvoting representative on the board of directors and loan committees of each corporation. The program manager shall confer with the board of directors of each corporation as appropriate and necessary to carry out his or her duties, but in no case shall the program manager confer less than once each fiscal year. (c) In accordance with available resources, assist corporations in applying for public and private funding opportunities, and in obtaining program support from the business community. SEC. 2. Section 63089.5 of the Government Code, as added by Section 4 of Chapter 537 of the Statutes of 2013, is amended to read: 63089.5. (a) There is hereby continued in existence in the State Treasury the California Small Business Expansion Fund. All or a portion of the funds in the expansion fund may be paid out, with the approval of the Department of Finance, to a financial institution or financial company that will establish a trust fund and act as trustee of the funds. (b) The expansion fund and the trust fund shall be used for the following purposes: (1) To pay defaulted loan guarantee or surety bond losses, or other financial product defaults or losses. (2) To fund direct loans and other debt instruments. (3) To pay administrative costs of corporations. (4) To pay state support and administrative costs. (5) To pay those costs necessary to protect a real property interest in a financial product default. (c) The expansion fund and trust fund are created solely for the purpose of receiving state, federal, or local government moneys, and other public or private moneys to make loans, guarantees, and other financial products that the California Small Business Finance Center or a financial development corporation is authorized to provide. The program manager shall provide written notice to the Joint Legislative Budget Committee and to the Chief Clerk of the Assembly and the Secretary of the Senate who shall provide a copy of the notice to the relevant policy committees within 10 days of any nonstate funds being deposited in the expansion fund. The notice shall include the source, purpose, timeliness, and other relevant information as determined by the bank board. (d) (1) One or more accounts in the expansion fund and the trust fund may be created by the program manager for corporations participating in one or more programs authorized under this chapter and Section 8684.2. Each account is a legally separate account, and shall not be used to satisfy loan guarantees or other financial product obligations of another corporation except when the expansion fund or trust fund is shared by multiple corporations. (2) The program manager may create one or more holding accounts in the expansion fund or the trust fund, or in both, to accommodate the temporary or permanent transfers of funds pursuant to Section 63089.3. (e) The amount of guarantee liability outstanding at any one time shall not exceed 10 times the amount of funds on deposit in the expansion fund plus any receivables due from funds loaned from the expansion fund to another fund in state government as directed by the Department of Finance pursuant to a statute enacted by the Legislature, including each of the trust fund accounts within the trust fund. SEC. 3. Section 63089.5 of the Government Code, as amended by Section 8 of Chapter 132 of the Statutes of 2014, is repealed. SEC. 4. Section 63089.60 of the Government Code, as added by Section 4 of Chapter 537 of the Statutes of 2013, is amended to read: 63089.60. (a) The program manager shall recommend whether the expansion fund and trust fund accounts are to be leveraged, and if so, by how much. Upon the request of the corporation, the program manager’s decision may be repealed or modified by the executive director or the bank board. (b) The amount of guarantee liability outstanding at any one tid by a reserve of at least 10 percent to be determined by the program manager unless a higher leverage ratio for an individual corporation has been approved pursuant to subdivision (b) of Section 63089.56. (c) The expansion fund and trust fund accounts shall be used to guarantee obligations and other financial product obligations, to pay the administrative costs of the corporations, and for other uses pursuant to this chapter and Section 8684.2. SEC. 7. Section 63089.61 of the Government Code, as added by Section 4 of Chapter 537 of the Statutes of 2013, is repealed. SEC. 8. Section 63089.62 of the Government Code, as added by Section 4 of Chapter 537 of the Statutes of 2013, is amended to read: 63089.62. (a) It is the intent of the Legislature that the corporations make maximum use of their statutory authority to guarantee loans and surety bonds, and administer other financial products, including the authority to secure loans with a minimum loan loss reserve of only 10 percent, unless the program manager authorizes a higher leverage ratio for an individual corporation pursuant to subdivision (b) of Section 63089.56, so that the financing needs of small business may be met as fully as possible within the limits of corporations’ trust fund account balance. (b) Any corporation that serves an area declared to be in a state of emergency by the Governor or a disaster area by the President of the United States, the Administrator of the United States Small Business Administration, or the United States Secretary of Agriculture shall increase the portfolio of loan guarantees where the dollar amount of the loan is less than one hundred thousand dollars ($100,000), so that at least 15 percent of the dollar value of loans guaranteed by the corporation is for those loans. The corporation shall comply with this requirement within one year of the date the emergency or disaster is declared. Upon application of a corporation, the executive director may waive or modify the rule for the corporation if the corporation demonstrates that it made a good faith effort to comply and failed to locate lending institutions in the region that the corporation serves that are willing to make guaranteed loans in that amount. SEC. 9. Section 63089.62 of the Government Code, as added by Section 4 of Chapter 537 of the Statutes of 2013, is repealed. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 2356.5 of the Probate Code is amended to read: 2356.5. (a) The Legislature hereby finds and declares: (1) That conservatees with major neurocognitive disorders (MNCDs), as defined in the last published edition of the “Diagnostic and Statistical Manual of Mental Disorders,” should have a conservatorship to serve their unique and special needs. (2) Common forms of MNCDs are known as Alzheimer’s disease, vascular dementia, dementia with Lewy bodies, Parkinson dementia, frontotemporal dementia, and mixed dementia. (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. (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. (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. (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. (b) For the purposes of this section, “MNCD” means a major neurocognitive disorder, as defined in the latest published edition of the “Diagnostic and Statistical Manual of Mental Disorders.” (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’s finding, by clear and convincing evidence, of all of the following: (1) The conservatee has an MNCD. (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’s ability to understand and appreciate the consequences of his or her actions pursuant to subdivision (b) of Section 811. (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). (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. (5) The secured setting is the choice of the conservator from various setting options, as documented in the person-centered care plan. (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’s finding, by clear and convincing evidence, of all of the following: (1) The conservatee has an MNCD. (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’s ability to understand and appreciate the consequences of his or her actions pursuant to subdivision (b) of Section 811. (3) The conservatee needs or would benefit from appropriate medication as demonstrated by evidence presented by the physician as provided in subdivision (f). (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. (f) A petition for authority to act under this section is governed by Section 2357, except: (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. (2) The conservatee shall be produced at the hearing, unless excused pursuant to Section 1893. (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. (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: (A) A description of the conservatee’s diagnosis and a description of the conservatee’s behavior. (B) The recommended course of medication. (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’s symptoms. (D) The expected effects of the recommended medication on the conservatee’s overall mental health and treatment plan, including how the medication is expected to improve the conservatee’s symptoms. (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. (F) Whether the conservatee and his or her attorney have had an opportunity to provide input on the recommended medications. (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. (6) The petition may be filed by any of the persons designated in Section 1891. (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’s 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’s 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: (1) File a petition with the court regarding the status of the conservatee. (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. (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” includes, but is not limited to, anxiolytic agents, antidepressants, mood stabilizers, antipsychotic medications, hypnotics, and psychostimulants. “Psychotropic medications” does not include medications approved by the federal Food and Drug Administration for the treatment of an MNCD or anti-Parkinson agents. (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.

Existing law authorizes a conservator to place a conservatee in a secured perimeter residential care facility for the elderly, as specified, or to authorize the administration of certain prescribed medications upon a court’s finding that among other things, the conservatee has dementia and a functional impairment. Existing law requires certain findings to be made by the court for each type of authority sought by the conservator and requires a petition for authority to be supported by a declaration of a licensed physician or psychologist, as specified, regarding these findings. This bill would replace references to the term dementia in these provisions with major neurocognitive disorders (MNCDs), as defined. The bill would require a petition requesting the authority to administer psychotropic medications, as defined, to be supported by a declaration of a physician that includes specified information, including, among other things, the recommended course of medication, the expected effects of the recommended medication on the conservatee’s overall mental health and treatment plan, including how the medication is expected to improve the conservatee’s symptoms, and a description of the potential side effects of the recommended medication. The bill would revise the court findings required for placement in a secured perimeter facility. The bill would require the Judicial Council, on or before July 1, 2017, to adopt rules of court and develop appropriate forms for the implementation of these provisions, as specified. The bill would make related changes and additional findings and declarations of the Legislature.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 2356.5 of the Probate Code is amended to read: 2356.5. (a) The Legislature hereby finds and declares: (1) That conservatees with major neurocognitive disorders (MNCDs), as defined in the last published edition of the “Diagnostic and Statistical Manual of Mental Disorders,” should have a conservatorship to serve their unique and special needs. (2) Common forms of MNCDs are known as Alzheimer’s disease, vascular dementia, dementia with Lewy bodies, Parkinson dementia, frontotemporal dementia, and mixed dementia. (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. (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. (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. (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. (b) For the purposes of this section, “MNCD” means a major neurocognitive disorder, as defined in the latest published edition of the “Diagnostic and Statistical Manual of Mental Disorders.” (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’s finding, by clear and convincing evidence, of all of the following: (1) The conservatee has an MNCD. (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’s ability to understand and appreciate the consequences of his or her actions pursuant to subdivision (b) of Section 811. (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). (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. (5) The secured setting is the choice of the conservator from various setting options, as documented in the person-centered care plan. (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’s finding, by clear and convincing evidence, of all of the following: (1) The conservatee has an MNCD. (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’s ability to understand and appreciate the consequences of his or her actions pursuant to subdivision (b) of Section 811. (3) The conservatee needs or would benefit from appropriate medication as demonstrated by evidence presented by the physician as provided in subdivision (f). (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. (f) A petition for authority to act under this section is governed by Section 2357, except: (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. (2) The conservatee shall be produced at the hearing, unless excused pursuant to Section 1893. (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. (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: (A) A description of the conservatee’s diagnosis and a description of the conservatee’s behavior. (B) The recommended course of medication. (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’s symptoms. (D) The expected effects of the recommended medication on the conservatee’s overall mental health and treatment plan, including how the medication is expected to improve the conservatee’s symptoms. (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. (F) Whether the conservatee and his or her attorney have had an opportunity to provide input on the recommended medications. (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. (6) The petition may be filed by any of the persons designated in Section 1891. (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’s 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’s 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: (1) File a petition with the court regarding the status of the conservatee. (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. (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” includes, but is not limited to, anxiolytic agents, antidepressants, mood stabilizers, antipsychotic medications, hypnotics, and psychostimulants. “Psychotropic medications” does not include medications approved by the federal Food and Drug Administration for the treatment of an MNCD or anti-Parkinson agents. (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. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Chapter 11 (commencing with Section 122380) is added to Part 6 of Division 105 of the Health and Safety Code, to read: CHAPTER 11. Pet Boarding Facilities 122380. As used in this chapter, the following definitions apply: (a) “Enrichment” 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’s well-being. (b) “Permanent or fixed enclosure” 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’s waste products. (c) “Person” means an individual, partnership, firm, limited liability company, joint-stock company, corporation, association, trust, estate, or other legal entity. (d) “Pet” means any nonhuman animal housed in the pet boarding facility, including, but not limited to, mammals, birds, reptiles, and amphibians. However, “pet” does not include a horse. (e) “Pet boarding facility” 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, “pet boarding facility” 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. (f) “Pet boarding facility operator” or “operator” means a person who owns or operates, or both, a pet boarding facility. (g) “Temporary enclosure” 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’s waste products. 122381. Each pet boarding facility operator shall be responsible for all of the following: (a) Ensuring that the entire pet boarding facility, including all equipment therein, is structurally sound and maintained in good repair. (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. (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. (d) If an escaped pet has not been captured despite reasonable efforts, ensuring that all material facts regarding the pet’s escape are reported to the local agency for animal control and to the owner. (e) Ensuring that the pet boarding facility’s interior building surfaces, including walls and floors, are constructed in a manner that permits them to be readily cleaned and sanitized. (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. (g) If pet grooming services are offered by a pet boarding facility, separating the grooming work area from the pet boarding facility’s permanent or fixed and temporary enclosures and ensuring that the grooming areas are cleaned and sanitized at least once daily. (h) Storing food in an area separate from permanent or fixed enclosures or temporary enclosures. (i) Maintaining an area for isolating sick pets from healthy pets. 122382. (a) Each permanent or fixed and temporary enclosure shall comply with all of the following standards: (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. (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. (3) Be constructed of material suitable for regular cleaning and sanitizing. (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. (5) Allow a pet to turn around freely, stand easily, and sit or lie down in a comfortable position. (b) Each enclosure is either a permanent or fixed enclosure or a temporary enclosure. (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. (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. 122383. A pet boarding facility operator shall comply with all of the following animal care requirements: (a) House only one pet at a time in an enclosure unless otherwise consented to by the owner. (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. (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’s health and well-being. However, water may be restricted as directed by the owner or a licensed veterinarian. (d) Provide each pet with nutritious food in quantities and at intervals suitable for that pet. (e) Provide each pet daily with enrichment sufficient to maintain the behavioral health of the pet. (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. (g) Isolate those pets that have or are suspected of having a contagious condition. (h) Ensure that each sick or injured pet is immediately provided with appropriate care and, if prudent, veterinary treatment. (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. (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. 122384. (a) A pet boarding facility operator shall provide each owner with written information describing all of the following: (1) Days and times during which the pet boarding facility permits pets to be dropped off and picked up. (2) Days and times during which personnel are onsite. (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. (4) General observation practices during each 24-hour period for the species of pet that the owner is boarding is customarily observed by personnel. (5) The pet boarding facility’s customary daily activity schedule for the species of pet that the owner is boarding. (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’s pet, the pet boarding facility operator shall disclose those deviations to the owner or patron, as appropriate. 122385. A pet boarding facility shall maintain either of the following: (a) A fire alarm system that is connected to a central reporting station that alerts the local fire department in case of fire. (b) A fire suppression sprinkler system. 122386. (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: (1) Specify each violation of this chapter found in the inspection. (2) Identify the corrective action for each violation. (3) Include a specific period of time during which the listed violation or violations are to be corrected. (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. (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. (d) A pet boarding facility operator who is verified to have complied with a notice to correct shall not be subject to subdivision (g). (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. (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. (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. 122387. (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. (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. 122388. Pursuant 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. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

Existing law regulates the care and maintenance of animals in the care of a pet store. This bill would establish procedures for the care and maintenance of pets boarded at a pet boarding facility, including, but not limited to, sanitation, provision of enrichment for the pet, health of the pet, and safety. The bill would specifically authorize a city, county, or city and county to adopt ordinances that establish additional standards and requirements for a pet boarding facility. The bill would require an animal control officer, a humane officer, or a peace officer who detects a violation of specified provisions by a pet boarding facility operator to issue a notice to correct and would provide that if the operator complies with the notice to correct he or she would not be subject to an infraction, except as provided. The bill would provide that an 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. The bill, except as provided, would make a violation of these provisions an infraction punishable by a fine not to exceed $250 for the first violation and not to exceed $1,000 for each subsequent violation. Because it would create a new crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Chapter 11 (commencing with Section 122380) is added to Part 6 of Division 105 of the Health and Safety Code, to read: CHAPTER 11. Pet Boarding Facilities 122380. As used in this chapter, the following definitions apply: (a) “Enrichment” 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’s well-being. (b) “Permanent or fixed enclosure” 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’s waste products. (c) “Person” means an individual, partnership, firm, limited liability company, joint-stock company, corporation, association, trust, estate, or other legal entity. (d) “Pet” means any nonhuman animal housed in the pet boarding facility, including, but not limited to, mammals, birds, reptiles, and amphibians. However, “pet” does not include a horse. (e) “Pet boarding facility” 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, “pet boarding facility” 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. (f) “Pet boarding facility operator” or “operator” means a person who owns or operates, or both, a pet boarding facility. (g) “Temporary enclosure” 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’s waste products. 122381. Each pet boarding facility operator shall be responsible for all of the following: (a) Ensuring that the entire pet boarding facility, including all equipment therein, is structurally sound and maintained in good repair. (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. (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. (d) If an escaped pet has not been captured despite reasonable efforts, ensuring that all material facts regarding the pet’s escape are reported to the local agency for animal control and to the owner. (e) Ensuring that the pet boarding facility’s interior building surfaces, including walls and floors, are constructed in a manner that permits them to be readily cleaned and sanitized. (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. (g) If pet grooming services are offered by a pet boarding facility, separating the grooming work area from the pet boarding facility’s permanent or fixed and temporary enclosures and ensuring that the grooming areas are cleaned and sanitized at least once daily. (h) Storing food in an area separate from permanent or fixed enclosures or temporary enclosures. (i) Maintaining an area for isolating sick pets from healthy pets. 122382. (a) Each permanent or fixed and temporary enclosure shall comply with all of the following standards: (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. (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. (3) Be constructed of material suitable for regular cleaning and sanitizing. (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. (5) Allow a pet to turn around freely, stand easily, and sit or lie down in a comfortable position. (b) Each enclosure is either a permanent or fixed enclosure or a temporary enclosure. (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. (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. 122383. A pet boarding facility operator shall comply with all of the following animal care requirements: (a) House only one pet at a time in an enclosure unless otherwise consented to by the owner. (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. (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’s health and well-being. However, water may be restricted as directed by the owner or a licensed veterinarian. (d) Provide each pet with nutritious food in quantities and at intervals suitable for that pet. (e) Provide each pet daily with enrichment sufficient to maintain the behavioral health of the pet. (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. (g) Isolate those pets that have or are suspected of having a contagious condition. (h) Ensure that each sick or injured pet is immediately provided with appropriate care and, if prudent, veterinary treatment. (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. (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. 122384. (a) A pet boarding facility operator shall provide each owner with written information describing all of the following: (1) Days and times during which the pet boarding facility permits pets to be dropped off and picked up. (2) Days and times during which personnel are onsite. (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. (4) General observation practices during each 24-hour period for the species of pet that the owner is boarding is customarily observed by personnel. (5) The pet boarding facility’s customary daily activity schedule for the species of pet that the owner is boarding. (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’s pet, the pet boarding facility operator shall disclose those deviations to the owner or patron, as appropriate. 122385. A pet boarding facility shall maintain either of the following: (a) A fire alarm system that is connected to a central reporting station that alerts the local fire department in case of fire. (b) A fire suppression sprinkler system. 122386. (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: (1) Specify each violation of this chapter found in the inspection. (2) Identify the corrective action for each violation. (3) Include a specific period of time during which the listed violation or violations are to be corrected. (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. (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. (d) A pet boarding facility operator who is verified to have complied with a notice to correct shall not be subject to subdivision (g). (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. (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. (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. 122387. (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. (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. 122388. Pursuant 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. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. ### Summary: This bill would enact the Pet Boarding Facilities Act, which would require a pet boarding facility to comply with certain standards and requirements. The bill would also authorize a city

The people of the State of California do enact as follows: SECTION 1. Section 46300 of the Education Code is amended to read: 46300. (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 school district or county office of education who possessed a valid certification document, registered as required by law. (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, “immediate supervision,” 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. (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. (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. (c) (1) For purposes of the rehabilitative schools, classes, or programs described in Section 48917 that require immediate supervision, “immediate supervision” 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. (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. (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 board; however, none of that attendance shall be counted for purposes of computing attendance pursuant to Section 52324. board. (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. (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. (4) Notwithstanding any other provision of law, 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. (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. (2) A pupil participating in independent study shall not be credited with more than one day of attendance per calendar day. (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: (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. (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. (f) For purposes of cooperative career technical education programs and community classrooms described in Section 52372.1, “immediate supervision” 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. (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: (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’s parent or guardian, that the pupil may continue in kindergarten for not more than one additional school year. (B) The pupils participated in a transitional kindergarten program pursuant to subdivision (c) of Section 48000. (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. SEC. 2. Section 48205 of the Education Code is amended to read: 48205. (a) Notwithstanding Section 48200, a pupil shall be excused from school when the absence is: (1) Due to his or her illness. (2) Due to quarantine under the direction of a county or city health officer. (3) For the purpose of having medical, dental, optometrical, or chiropractic services rendered. (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. (5) For the purpose of jury duty in the manner provided for by law. (6) Due to the illness or medical appointment during school hours of a child of whom the pupil is the custodial parent. (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’s 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. (8) For the purpose of serving as a member of a precinct board for an election pursuant to Section 12302 of the Elections Code. (9) For the purpose of spending time with a member of the pupil’s 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. (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. (c) For purposes of this section, attendance at religious retreats shall not exceed four hours per semester. (d) Absences pursuant to this section are deemed to be absences in computing average daily attendance and shall not generate state apportionment payments. payments, 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. (e) “Immediate family,” as used in this section, has the same meaning as set forth in Section 45194, except that references therein in that section to “employee” shall be deemed to be references to “pupil.”

Existing law authorizes a pupil to be excused from school for specified reasons, including for the purpose of serving as a member of a precinct board for an election. Existing law provides that an excused absence for those specified reasons are, nevertheless, absences for the purpose of computing average daily attendance and do not generate state apportionment payments. Existing law also requires that the attendance of pupils participating in independent study for 5 or more consecutive days, as specified, be included in computing the average daily attendance of the school district. This bill would specify that, for the purpose of computing average daily attendance for pupils in independent study, a pupil serving as a member of a precinct board for an election shall not be required to participate in that activity for 5 or more consecutive days if specified requirements are met, and would specify that an absence for those reasons shall not be considered an absence for purposes of generating state apportionment payments. The bill also would delete an obsolete reference and make other nonsubstantive changes.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 46300 of the Education Code is amended to read: 46300. (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 school district or county office of education who possessed a valid certification document, registered as required by law. (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, “immediate supervision,” 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. (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. (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. (c) (1) For purposes of the rehabilitative schools, classes, or programs described in Section 48917 that require immediate supervision, “immediate supervision” 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. (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. (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 board; however, none of that attendance shall be counted for purposes of computing attendance pursuant to Section 52324. board. (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. (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. (4) Notwithstanding any other provision of law, 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. (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. (2) A pupil participating in independent study shall not be credited with more than one day of attendance per calendar day. (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: (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. (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. (f) For purposes of cooperative career technical education programs and community classrooms described in Section 52372.1, “immediate supervision” 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. (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: (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’s parent or guardian, that the pupil may continue in kindergarten for not more than one additional school year. (B) The pupils participated in a transitional kindergarten program pursuant to subdivision (c) of Section 48000. (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. SEC. 2. Section 48205 of the Education Code is amended to read: 48205. (a) Notwithstanding Section 48200, a pupil shall be excused from school when the absence is: (1) Due to his or her illness. (2) Due to quarantine under the direction of a county or city health officer. (3) For the purpose of having medical, dental, optometrical, or chiropractic services rendered. (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. (5) For the purpose of jury duty in the manner provided for by law. (6) Due to the illness or medical appointment during school hours of a child of whom the pupil is the custodial parent. (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’s 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. (8) For the purpose of serving as a member of a precinct board for an election pursuant to Section 12302 of the Elections Code. (9) For the purpose of spending time with a member of the pupil’s 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. (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. (c) For purposes of this section, attendance at religious retreats shall not exceed four hours per semester. (d) Absences pursuant to this section are deemed to be absences in computing average daily attendance and shall not generate state apportionment payments. payments, 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. (e) “Immediate family,” as used in this section, has the same meaning as set forth in Section 45194, except that references therein in that section to “employee” shall be deemed to be references to “pupil.” ### Summary: This bill would amend Section 46300 of the Education Code to include the attendance of pupils while engaged in educational activities required of those pupils and under

The people of the State of California do enact as follows: SECTION 1. Section 1773.1 of the Labor Code is amended to read: 1773.1. (a) Per diem wages, as the term is used in this chapter or in any other statute applicable to public works, includes employer payments for the following: (1) Health and welfare. (2) Pension. (3) Vacation. (4) Travel. (5) Subsistence. (6) Apprenticeship or other training programs authorized by Section 3093, to the extent that the cost of training is reasonably related to the amount of the contributions. (7) Worker protection and assistance programs or committees established under the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a), to the extent that the activities of the programs or committees are directed to the monitoring and enforcement of laws related to public works. (8) Industry advancement and collective bargaining agreements administrative fees, provided that these payments are made pursuant to a collective bargaining agreement to which the employer is obligated. (9) Other purposes similar to those specified in paragraphs (1) to (5), inclusive; or other purposes similar to those specified in paragraphs (6) to (8), inclusive, if the payments are made pursuant to a collective bargaining agreement to which the employer is obligated. (b) Employer payments include all of the following: (1) The rate of contribution irrevocably made by the employer to a trustee or third person pursuant to a plan, fund, or program. (2) The rate of actual costs to the employer reasonably anticipated in providing benefits to workers pursuant to an enforceable commitment to carry out a financially responsible plan or program communicated in writing to the workers affected. (3) Payments to the California Apprenticeship Council pursuant to Section 1777.5. (c) Employer payments are a credit against the obligation to pay the general prevailing rate of per diem wages. However, credit shall not be granted for benefits required to be provided by other state or federal law, for payments made to monitor and enforce laws related to public works if those payments are not made to a program or committee established under the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a), or for payments for industry advancement and collective bargaining agreement administrative fees if those payments are not made pursuant to a collective bargaining agreement to which the employer is obligated. Credits for employer payments also shall not reduce the obligation to pay the hourly straight time or overtime wages found to be prevailing. However, an increased employer payment contribution that results in a lower hourly straight time or overtime wage shall not be considered a violation of the applicable prevailing wage determination if all of the following conditions are met: (1) The increased employer payment is made pursuant to criteria set forth in a collective bargaining agreement. (2) The basic hourly rate and increased employer payment are no less than the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the director’s general prevailing wage determination. (3) The employer payment contribution is irrevocable unless made in error. (d) An employer may take credit for an employer payment specified in subdivision (b), even if contributions are not made, or costs are not paid, during the same pay period for which credit is taken, if the employer regularly makes the contributions, or regularly pays the costs, for the plan, fund, or program on no less than a quarterly basis. (e) The credit for employer payments shall be computed on an annualized basis when the employer seeks credit for employer payments that are higher for public works projects than for private construction performed by the same employer, unless one or more of the following occur: (1) The employer has an enforceable obligation to make the higher rate of payments on future private construction performed by the employer. (2) The higher rate of payments is required by a project labor agreement. (3) The payments are made to the California Apprenticeship Council pursuant to Section 1777.5. (4) The director determines that annualization would not serve the purposes of this chapter. (f) (1) For the purpose of determining those per diem wages for contracts, the representative of any craft, classification, or type of worker needed to execute contracts shall file with the Department of Industrial Relations fully executed copies of the collective bargaining agreements for the particular craft, classification, or type of work involved. The collective bargaining agreements shall be filed after their execution and thereafter may be taken into consideration pursuant to Section 1773 whenever they are filed 30 days prior to the call for bids. If the collective bargaining agreement has not been formalized, a typescript of the final draft may be filed temporarily, accompanied by a statement under penalty of perjury as to its effective date. (2) When a copy of the collective bargaining agreement has previously been filed, fully executed copies of all modifications and extensions of the agreement that affect per diem wages or holidays shall be filed. (3) The failure to comply with filing requirements of this subdivision shall not be grounds for setting aside a prevailing wage determination if the information taken into consideration is correct.

Existing law requires, except for public works projects of $1,000 or less, that workers employed on public works be paid not less than the general prevailing rate of per diem wages for work of a similar character in the locality that the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed, as prescribed. Existing law requires the Director of Industrial Relations to determine the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is to be performed, and the general prevailing rate of per diem wages for holiday and overtime work. Existing law includes, as per diem wages, employer payment for industry advancement and collective bargaining agreements administrative fees, provided that these payments are required under a collective bargaining agreement pertaining to the particular craft, classification, or type of work within the locality or the nearest labor market area at issue. Per diem wages also include employer payments for other purposes similar to those specified, including, but not limited to, certain apprenticeship or other training programs, to the extent that the cost of training is reasonably related to the amount of the contributions, and worker protection and assistance programs or committees established under the federal Labor Management Cooperation Act of 1978, to the extent that the activities of the programs or committees are directed to the monitoring and enforcement of laws related to public works. This bill would instead require per diem wages to include industry advancement and collective bargaining agreements administrative fees if the payments are made pursuant to a collective bargaining agreement to which the employer is obligated. The bill would also exclude from per diem wages, if the payments are not made pursuant to a collective bargaining agreement to which the employer is obligated, employer payments for other purposes similar to certain apprenticeship or other training programs, worker protection and assistance programs or committees established under the federal Labor Management Cooperation Act of 1978, and industry advancement and collective bargaining agreements administrative fees, as specified. Existing law provides that employer payments are credits against the obligation to pay the general prevailing rate of per diem wages. Credit is prohibited for benefits required to be provided by other state or federal law or for payments made to monitor and enforce laws related to public works if those payments are not made to a program or committee established under the federal Labor Management Cooperation Act of 1978. This bill would also prohibit credit for payments for industry advancement and collective bargaining agreement administrative fees if those payments are not made pursuant to a collective bargaining agreement to which the employer is obligated.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 1773.1 of the Labor Code is amended to read: 1773.1. (a) Per diem wages, as the term is used in this chapter or in any other statute applicable to public works, includes employer payments for the following: (1) Health and welfare. (2) Pension. (3) Vacation. (4) Travel. (5) Subsistence. (6) Apprenticeship or other training programs authorized by Section 3093, to the extent that the cost of training is reasonably related to the amount of the contributions. (7) Worker protection and assistance programs or committees established under the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a), to the extent that the activities of the programs or committees are directed to the monitoring and enforcement of laws related to public works. (8) Industry advancement and collective bargaining agreements administrative fees, provided that these payments are made pursuant to a collective bargaining agreement to which the employer is obligated. (9) Other purposes similar to those specified in paragraphs (1) to (5), inclusive; or other purposes similar to those specified in paragraphs (6) to (8), inclusive, if the payments are made pursuant to a collective bargaining agreement to which the employer is obligated. (b) Employer payments include all of the following: (1) The rate of contribution irrevocably made by the employer to a trustee or third person pursuant to a plan, fund, or program. (2) The rate of actual costs to the employer reasonably anticipated in providing benefits to workers pursuant to an enforceable commitment to carry out a financially responsible plan or program communicated in writing to the workers affected. (3) Payments to the California Apprenticeship Council pursuant to Section 1777.5. (c) Employer payments are a credit against the obligation to pay the general prevailing rate of per diem wages. However, credit shall not be granted for benefits required to be provided by other state or federal law, for payments made to monitor and enforce laws related to public works if those payments are not made to a program or committee established under the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a), or for payments for industry advancement and collective bargaining agreement administrative fees if those payments are not made pursuant to a collective bargaining agreement to which the employer is obligated. Credits for employer payments also shall not reduce the obligation to pay the hourly straight time or overtime wages found to be prevailing. However, an increased employer payment contribution that results in a lower hourly straight time or overtime wage shall not be considered a violation of the applicable prevailing wage determination if all of the following conditions are met: (1) The increased employer payment is made pursuant to criteria set forth in a collective bargaining agreement. (2) The basic hourly rate and increased employer payment are no less than the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the director’s general prevailing wage determination. (3) The employer payment contribution is irrevocable unless made in error. (d) An employer may take credit for an employer payment specified in subdivision (b), even if contributions are not made, or costs are not paid, during the same pay period for which credit is taken, if the employer regularly makes the contributions, or regularly pays the costs, for the plan, fund, or program on no less than a quarterly basis. (e) The credit for employer payments shall be computed on an annualized basis when the employer seeks credit for employer payments that are higher for public works projects than for private construction performed by the same employer, unless one or more of the following occur: (1) The employer has an enforceable obligation to make the higher rate of payments on future private construction performed by the employer. (2) The higher rate of payments is required by a project labor agreement. (3) The payments are made to the California Apprenticeship Council pursuant to Section 1777.5. (4) The director determines that annualization would not serve the purposes of this chapter. (f) (1) For the purpose of determining those per diem wages for contracts, the representative of any craft, classification, or type of worker needed to execute contracts shall file with the Department of Industrial Relations fully executed copies of the collective bargaining agreements for the particular craft, classification, or type of work involved. The collective bargaining agreements shall be filed after their execution and thereafter may be taken into consideration pursuant to Section 1773 whenever they are filed 30 days prior to the call for bids. If the collective bargaining agreement has not been formalized, a typescript of the final draft may be filed temporarily, accompanied by a statement under penalty of perjury as to its effective date. (2) When a copy of the collective bargaining agreement has previously been filed, fully executed copies of all modifications and extensions of the agreement that affect per diem wages or holidays shall be filed. (3) The failure to comply with filing requirements of this subdivision shall not be grounds for setting aside a prevailing wage determination if the information taken into consideration is correct. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 1026 of the Penal Code is amended to read: 1026. (a) If a defendant pleads not guilty by reason of insanity, and also joins with it another plea or pleas, the defendant shall first be tried as if only the other plea or pleas had been entered, and in that trial the defendant shall be conclusively presumed to have been sane at the time the offense is alleged to have been committed. If the jury finds the defendant guilty, or if the defendant pleads only not guilty by reason of insanity, the question whether the defendant was sane or insane at the time the offense was committed shall be promptly tried, either before the same jury or before a new jury in the discretion of the court. In that trial, the jury shall return a verdict either that the defendant was sane at the time the offense was committed or was insane at the time the offense was committed. If the verdict or finding is that the defendant was sane at the time the offense was committed, the court shall sentence the defendant as provided by law. If the verdict or finding is that the defendant was insane at the time the offense was committed, the court, unless it appears to the court that the sanity of the defendant has been recovered fully, shall direct that the defendant be committed to the State Department of State Hospitals for the care and treatment of the mentally disordered or any other appropriate public or private treatment facility approved by the community program director, or the court may order the defendant placed on outpatient status pursuant to Title 15 (commencing with Section 1600) of Part 2. (b) Prior to making the order directing that the defendant be committed to the State Department of State Hospitals or other treatment facility or placed on outpatient status, the court shall order the community program director or a designee to evaluate the defendant and to submit to the court within 15 judicial days of the order a written recommendation as to whether the defendant should be placed on outpatient status or committed to the State Department of State Hospitals or other treatment facility. A person shall not be admitted to a state hospital or other treatment facility or placed on outpatient status under this section without having been evaluated by the community program director or a designee. If, however, it appears to the court that the sanity of the defendant has been recovered fully, the defendant shall be remanded to the custody of the sheriff until the issue of sanity has been finally determined in the manner prescribed by law. A defendant committed to a state hospital or other treatment facility or placed on outpatient status pursuant to Title 15 (commencing with Section 1600) of Part 2 shall not be released from confinement, parole, or outpatient status unless and until the court that committed the person, after notice and hearing, finds and determines that the person’s sanity has been restored, or meets the criteria for release pursuant to Section 4146 of the Welfare and Institutions Code. This section does not prohibit the transfer of the patient from one state hospital to any other state hospital by proper authority. This section does not prohibit the transfer of the patient to a hospital in another state in the manner provided in Section 4119 of the Welfare and Institutions Code. (c) If the defendant is committed or transferred to the State Department of State Hospitals pursuant to this section, the court may, upon receiving the written recommendation of the medical director of the state hospital and the community program director that the defendant be transferred to a public or private treatment facility approved by the community program director, order the defendant transferred to that facility. If the defendant is committed or transferred to a public or private treatment facility approved by the community program director, the court may, upon receiving the written recommendation of the community program director, order the defendant transferred to the State Department of State Hospitals or to another public or private treatment facility approved by the community program director. If either the defendant or the prosecuting attorney chooses to contest either kind of order of transfer, a petition may be filed in the court requesting a hearing, which shall be held if the court determines that sufficient grounds exist. At that hearing, the prosecuting attorney or the defendant may present evidence bearing on the order of transfer. The court shall use the same procedures and standards of proof as used in conducting probation revocation hearings pursuant to Section 1203.2. (d) Prior to making an order for transfer under this section, the court shall notify the defendant, the attorney of record for the defendant, the prosecuting attorney, and the community program director or a designee. (e) When the court, after considering the placement recommendation of the community program director required in subdivision (b), orders that the defendant be committed to the State Department of State Hospitals or other public or private treatment facility, the court shall provide copies of the following documents prior to the admission of the defendant to the State Department of State Hospitals or other treatment facility where the defendant is to be committed: (1) The commitment order, including a specification of the charges. (2) A computation or statement setting forth the maximum term of commitment in accordance with Section 1026.5. (3) A computation or statement setting forth the amount of credit for time served, if any, to be deducted from the maximum term of commitment. (4) State summary criminal history information. (5) Any arrest reports prepared by the police department or other law enforcement agency. (6) Any court-ordered psychiatric examination or evaluation reports. (7) The community program director’s placement recommendation report. (8) Any medical records. (f) If the defendant is confined in a state hospital or other treatment facility as an inpatient, the medical director of the facility shall, at six-month intervals, submit a report in writing to the court and the community program director of the county of commitment, or a designee, setting forth the status and progress of the defendant. The court shall transmit copies of these reports to the prosecutor and defense counsel. (g) For purposes of this section and Sections 1026.1 to 1026.6, inclusive, “community program director” means the person, agency, or entity designated by the State Department of State Hospitals pursuant to Section 1605 of this code and Section 4360 of the Welfare and Institutions Code. SEC. 2. Section 1370.015 is added to the Penal Code, to read: 1370.015. A person committed to the care of the State Department of State Hospitals because he or she is incompetent to stand trial or to be adjudged to punishment is eligible for compassionate release pursuant to Section 4146 of the Welfare and Institutions Code. In any case in which the criteria for compassionate release apply, the State Department of State Hospitals shall follow the procedures and standards in Section 4146 of the Welfare and Institutions Code to determine if the department should recommend to the court that the person’s commitment for treatment and the underlying criminal charges be suspended for compassionate release. SEC. 3. Section 2977 is added to the Penal Code, to read: 2977. A person committed to the care of the State Department of State Hospitals because he or she is a mentally disordered offender, including a person who is found not guilty by reason of insanity, is eligible for compassionate release pursuant to Section 4146 of the Welfare and Institutions Code. In any case in which the criteria for compassionate release apply, the State Department of State Hospitals shall follow the procedures and standards in Section 4146 of the Welfare and Institutions Code to determine if the department should recommend to the court that the person’s commitment be suspended for compassionate release. This section applies to persons committed for treatment during parole and persons committed pursuant to Section 2970. If the person for whom compassionate release is recommended is on parole, notice shall be given to the Board of Parole Hearings. SEC. 4. Section 4146 is added to the Welfare and Institutions Code, to read: 4146. (a) This section applies in cases in which a patient has been committed to the department as a mentally disordered offender, including a person found not guilty by reason of insanity, or a person found incompetent to stand trial or be adjudged to punishment. (b) (1) A physician employed by the department who determines that a patient meets the criteria set forth in subparagraph (A) or (C) of paragraph (5) shall notify the medical director and the patient advocate of the prognosis. If the medical director concurs with the diagnosis, he or she shall immediately notify the Director of State Hospitals. Within 72 hours of receiving notification, the medical director or the medical director’s designee shall notify the patient of the discharge procedures under this section and obtain the patient’s consent for discharge. The medical director or the medical director’s designee shall arrange for the patient to designate a family member or other outside agent to be notified as to the patient’s medical condition, prognosis, and release procedures under this section. If the patient is unable to designate a family member or other outside agent, the medical director or the medical director’s designee shall contact any emergency contact listed, or the patient advocate if no contact is listed. (2) The medical director or the medical director’s designee shall provide the patient and his or her family member, agent, emergency contact, or patient advocate with updated information throughout the release process with regard to the patient’s medical condition and the status of the patient’s release proceedings, including the discharge plan. A patient shall not be released unless the discharge plan verifies placement for the patient upon release. (3) The patient or his or her family member or designee may contact the medical director or the executive director at the state hospital where the patient is located or the Director of State Hospitals to request consideration for a recommendation from the medical director or the medical director’s designee to the court that the patient’s commitment be suspended for compassionate release and the patient released from the department facility. (4) Upon receipt of a notification or request pursuant to paragraph (1) or (3), respectively, the Director of State Hospitals may recommend to the court that the patient’s commitment be suspended for compassionate release and the patient released from the department facility. (5) The court has the discretion to suspend the commitment for compassionate release and release the patient if the court finds that the facts described in subparagraphs (A) and (B) or subparagraphs (B) and (C) exist: (A) The patient is terminally ill with an incurable condition caused by an illness or disease that would likely produce death within six months, as determined by a physician employed by the department. (B) The conditions under which the patient would be released or receive treatment do not pose a threat to public safety. (C) The patient is permanently medically incapacitated with a medical condition that renders him or her permanently unable to perform activities of basic daily living and results in the patient requiring 24-hour total care, including, but not limited to, coma, persistent vegetative state, brain death, ventilator-dependency, or loss of control of muscular or neurological function, the incapacitation did not exist at the time of the original commitment, and the medical director responsible for the patient’s care and the Director of State Hospitals both certify that the patient is incapable of receiving mental health treatment. (c) Within 10 days of receipt of a recommendation for release by the director, the court shall hold a noticed hearing to consider whether the patient’s commitment should be suspended and the patient released. (d) A recommendation for compassionate release submitted to the court shall include at least one medical evaluation, a discharge plan, a postrelease plan for the relocation and treatment of the patient, and the physician’s and medical director’s determination that the patient meets the criteria set forth in subparagraph (A) or (C) of paragraph (5) of subdivision (b). The court shall order the medical director to send copies of all medical records reviewed in developing the recommendation to all of the following parties: (1) The district attorney of the county from which the patient was committed. (2) If the patient is a mentally disordered offender on parole, the district attorney of the county from which the patient was committed to the state prison. (3) The public defender of the county from which the patient was committed, or the patient’s private attorney, if one is available. (4) If the patient is a mentally disordered offender on parole, the public defender of the county from which the patient was committed to the state prison, if one is available, or the patient’s private attorney, if applicable. (5) If the patient is a mentally disordered offender on parole, the Board of Parole Hearings. (6) If the patient is on mandatory supervision or postrelease community supervision and has been found incompetent to be adjudged to punishment, the county entity designated to supervise him or her. (e) (1) The matter shall be heard before the same judge that originally committed the patient, if possible. (2) If the patient is a mentally disordered offender on parole and was committed for treatment by the Board of Parole Hearings, the matter shall be heard by the court that committed the patient to the state prison for the underlying conviction, if possible. (f) If the court approves the recommendation for compassionate release, the patient’s commitment shall be suspended and the patient shall be released by the department within 72 hours of receipt of the court’s order, unless a longer time period is requested by the director and approved by the court. (g) The executive director of the state hospital or his or her designee shall ensure that upon release, the patient has each of the following in his or her possession, or the possession of the patient’s representative: (1) A discharge plan. (2) A discharge medical summary. (3) Medical records. (4) Identification. (5) All necessary medications. (6) Any property belonging to the patient. (h) After discharge, any additional records shall be sent to the patient’s forwarding address. (i) The Director of State Hospitals may adopt regulations to implement this section. The adoption of regulations for the implementation of this section by the department is 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). (j) For the purposes of this section, a patient whose commitment has been suspended for compassionate release shall not be considered to be under the custody of, or the responsibility of, the State Department of State Hospitals. (k) If a patient’s commitment order is suspended pursuant to this section, it may be reinstated by the court pursuant to a finding by the State Department of State Hospitals that the patient’s condition has changed such that he or she poses a threat to public safety, or no longer meets the criteria for compassionate release described in subparagraph (A) or (C) of paragraph (5) of subdivision (b). (l) The State Department of State Hospitals, in consultation with relevant stakeholders, including, but not limited to, local law enforcement and correctional officials, shall promulgate regulations in accordance with subdivision (i) to establish a process for petitioning the court for reinstatement of a suspended commitment order, pursuant to subdivision (k).

Existing law requires, when a defendant pleads not guilty by reason of insanity, that a jury determine whether the defendant was sane or insane at the time the offense was committed. Under existing law, if a defendant is found to be not guilty by reason of insanity, the court is required to commit the person to a state hospital, or a public or private treatment facility, or place him or her on outpatient status, as specified. Existing law, subject to exceptions, authorizes the release of a prisoner from state prison if the court finds that the prisoner is terminally ill with an incurable condition caused by an illness or disease that would produce death within 6 months, as determined by a physician employed by the department, and that conditions under which the prisoner would be released or receive treatment do not pose a threat to public safety. This bill would establish similar compassionate release provisions for a defendant who has been committed to a state hospital because, among other reasons, the defendant is incompetent to stand trial or to be adjudged to punishment, or the defendant is a mentally disordered offender, including a person who has been found not guilty by reason of insanity. The bill would make additional conforming changes and would authorize the director to adopt emergency regulations to implement these provisions.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 1026 of the Penal Code is amended to read: 1026. (a) If a defendant pleads not guilty by reason of insanity, and also joins with it another plea or pleas, the defendant shall first be tried as if only the other plea or pleas had been entered, and in that trial the defendant shall be conclusively presumed to have been sane at the time the offense is alleged to have been committed. If the jury finds the defendant guilty, or if the defendant pleads only not guilty by reason of insanity, the question whether the defendant was sane or insane at the time the offense was committed shall be promptly tried, either before the same jury or before a new jury in the discretion of the court. In that trial, the jury shall return a verdict either that the defendant was sane at the time the offense was committed or was insane at the time the offense was committed. If the verdict or finding is that the defendant was sane at the time the offense was committed, the court shall sentence the defendant as provided by law. If the verdict or finding is that the defendant was insane at the time the offense was committed, the court, unless it appears to the court that the sanity of the defendant has been recovered fully, shall direct that the defendant be committed to the State Department of State Hospitals for the care and treatment of the mentally disordered or any other appropriate public or private treatment facility approved by the community program director, or the court may order the defendant placed on outpatient status pursuant to Title 15 (commencing with Section 1600) of Part 2. (b) Prior to making the order directing that the defendant be committed to the State Department of State Hospitals or other treatment facility or placed on outpatient status, the court shall order the community program director or a designee to evaluate the defendant and to submit to the court within 15 judicial days of the order a written recommendation as to whether the defendant should be placed on outpatient status or committed to the State Department of State Hospitals or other treatment facility. A person shall not be admitted to a state hospital or other treatment facility or placed on outpatient status under this section without having been evaluated by the community program director or a designee. If, however, it appears to the court that the sanity of the defendant has been recovered fully, the defendant shall be remanded to the custody of the sheriff until the issue of sanity has been finally determined in the manner prescribed by law. A defendant committed to a state hospital or other treatment facility or placed on outpatient status pursuant to Title 15 (commencing with Section 1600) of Part 2 shall not be released from confinement, parole, or outpatient status unless and until the court that committed the person, after notice and hearing, finds and determines that the person’s sanity has been restored, or meets the criteria for release pursuant to Section 4146 of the Welfare and Institutions Code. This section does not prohibit the transfer of the patient from one state hospital to any other state hospital by proper authority. This section does not prohibit the transfer of the patient to a hospital in another state in the manner provided in Section 4119 of the Welfare and Institutions Code. (c) If the defendant is committed or transferred to the State Department of State Hospitals pursuant to this section, the court may, upon receiving the written recommendation of the medical director of the state hospital and the community program director that the defendant be transferred to a public or private treatment facility approved by the community program director, order the defendant transferred to that facility. If the defendant is committed or transferred to a public or private treatment facility approved by the community program director, the court may, upon receiving the written recommendation of the community program director, order the defendant transferred to the State Department of State Hospitals or to another public or private treatment facility approved by the community program director. If either the defendant or the prosecuting attorney chooses to contest either kind of order of transfer, a petition may be filed in the court requesting a hearing, which shall be held if the court determines that sufficient grounds exist. At that hearing, the prosecuting attorney or the defendant may present evidence bearing on the order of transfer. The court shall use the same procedures and standards of proof as used in conducting probation revocation hearings pursuant to Section 1203.2. (d) Prior to making an order for transfer under this section, the court shall notify the defendant, the attorney of record for the defendant, the prosecuting attorney, and the community program director or a designee. (e) When the court, after considering the placement recommendation of the community program director required in subdivision (b), orders that the defendant be committed to the State Department of State Hospitals or other public or private treatment facility, the court shall provide copies of the following documents prior to the admission of the defendant to the State Department of State Hospitals or other treatment facility where the defendant is to be committed: (1) The commitment order, including a specification of the charges. (2) A computation or statement setting forth the maximum term of commitment in accordance with Section 1026.5. (3) A computation or statement setting forth the amount of credit for time served, if any, to be deducted from the maximum term of commitment. (4) State summary criminal history information. (5) Any arrest reports prepared by the police department or other law enforcement agency. (6) Any court-ordered psychiatric examination or evaluation reports. (7) The community program director’s placement recommendation report. (8) Any medical records. (f) If the defendant is confined in a state hospital or other treatment facility as an inpatient, the medical director of the facility shall, at six-month intervals, submit a report in writing to the court and the community program director of the county of commitment, or a designee, setting forth the status and progress of the defendant. The court shall transmit copies of these reports to the prosecutor and defense counsel. (g) For purposes of this section and Sections 1026.1 to 1026.6, inclusive, “community program director” means the person, agency, or entity designated by the State Department of State Hospitals pursuant to Section 1605 of this code and Section 4360 of the Welfare and Institutions Code. SEC. 2. Section 1370.015 is added to the Penal Code, to read: 1370.015. A person committed to the care of the State Department of State Hospitals because he or she is incompetent to stand trial or to be adjudged to punishment is eligible for compassionate release pursuant to Section 4146 of the Welfare and Institutions Code. In any case in which the criteria for compassionate release apply, the State Department of State Hospitals shall follow the procedures and standards in Section 4146 of the Welfare and Institutions Code to determine if the department should recommend to the court that the person’s commitment for treatment and the underlying criminal charges be suspended for compassionate release. SEC. 3. Section 2977 is added to the Penal Code, to read: 2977. A person committed to the care of the State Department of State Hospitals because he or she is a mentally disordered offender, including a person who is found not guilty by reason of insanity, is eligible for compassionate release pursuant to Section 4146 of the Welfare and Institutions Code. In any case in which the criteria for compassionate release apply, the State Department of State Hospitals shall follow the procedures and standards in Section 4146 of the Welfare and Institutions Code to determine if the department should recommend to the court that the person’s commitment be suspended for compassionate release. This section applies to persons committed for treatment during parole and persons committed pursuant to Section 2970. If the person for whom compassionate release is recommended is on parole, notice shall be given to the Board of Parole Hearings. SEC. 4. Section 4146 is added to the Welfare and Institutions Code, to read: 4146. (a) This section applies in cases in which a patient has been committed to the department as a mentally disordered offender, including a person found not guilty by reason of insanity, or a person found incompetent to stand trial or be adjudged to punishment. (b) (1) A physician employed by the department who determines that a patient meets the criteria set forth in subparagraph (A) or (C) of paragraph (5) shall notify the medical director and the patient advocate of the prognosis. If the medical director concurs with the diagnosis, he or she shall immediately notify the Director of State Hospitals. Within 72 hours of receiving notification, the medical director or the medical director’s designee shall notify the patient of the discharge procedures under this section and obtain the patient’s consent for discharge. The medical director or the medical director’s designee shall arrange for the patient to designate a family member or other outside agent to be notified as to the patient’s medical condition, prognosis, and release procedures under this section. If the patient is unable to designate a family member or other outside agent, the medical director or the medical director’s designee shall contact any emergency contact listed, or the patient advocate if no contact is listed. (2) The medical director or the medical director’s designee shall provide the patient and his or her family member, agent, emergency contact, or patient advocate with updated information throughout the release process with regard to the patient’s medical condition and the status of the patient’s release proceedings, including the discharge plan. A patient shall not be released unless the discharge plan verifies placement for the patient upon release. (3) The patient or his or her family member or designee may contact the medical director or the executive director at the state hospital where the patient is located or the Director of State Hospitals to request consideration for a recommendation from the medical director or the medical director’s designee to the court that the patient’s commitment be suspended for compassionate release and the patient released from the department facility. (4) Upon receipt of a notification or request pursuant to paragraph (1) or (3), respectively, the Director of State Hospitals may recommend to the court that the patient’s commitment be suspended for compassionate release and the patient released from the department facility. (5) The court has the discretion to suspend the commitment for compassionate release and release the patient if the court finds that the facts described in subparagraphs (A) and (B) or subparagraphs (B) and (C) exist: (A) The patient is terminally ill with an incurable condition caused by an illness or disease that would likely produce death within six months, as determined by a physician employed by the department. (B) The conditions under which the patient would be released or receive treatment do not pose a threat to public safety. (C) The patient is permanently medically incapacitated with a medical condition that renders him or her permanently unable to perform activities of basic daily living and results in the patient requiring 24-hour total care, including, but not limited to, coma, persistent vegetative state, brain death, ventilator-dependency, or loss of control of muscular or neurological function, the incapacitation did not exist at the time of the original commitment, and the medical director responsible for the patient’s care and the Director of State Hospitals both certify that the patient is incapable of receiving mental health treatment. (c) Within 10 days of receipt of a recommendation for release by the director, the court shall hold a noticed hearing to consider whether the patient’s commitment should be suspended and the patient released. (d) A recommendation for compassionate release submitted to the court shall include at least one medical evaluation, a discharge plan, a postrelease plan for the relocation and treatment of the patient, and the physician’s and medical director’s determination that the patient meets the criteria set forth in subparagraph (A) or (C) of paragraph (5) of subdivision (b). The court shall order the medical director to send copies of all medical records reviewed in developing the recommendation to all of the following parties: (1) The district attorney of the county from which the patient was committed. (2) If the patient is a mentally disordered offender on parole, the district attorney of the county from which the patient was committed to the state prison. (3) The public defender of the county from which the patient was committed, or the patient’s private attorney, if one is available. (4) If the patient is a mentally disordered offender on parole, the public defender of the county from which the patient was committed to the state prison, if one is available, or the patient’s private attorney, if applicable. (5) If the patient is a mentally disordered offender on parole, the Board of Parole Hearings. (6) If the patient is on mandatory supervision or postrelease community supervision and has been found incompetent to be adjudged to punishment, the county entity designated to supervise him or her. (e) (1) The matter shall be heard before the same judge that originally committed the patient, if possible. (2) If the patient is a mentally disordered offender on parole and was committed for treatment by the Board of Parole Hearings, the matter shall be heard by the court that committed the patient to the state prison for the underlying conviction, if possible. (f) If the court approves the recommendation for compassionate release, the patient’s commitment shall be suspended and the patient shall be released by the department within 72 hours of receipt of the court’s order, unless a longer time period is requested by the director and approved by the court. (g) The executive director of the state hospital or his or her designee shall ensure that upon release, the patient has each of the following in his or her possession, or the possession of the patient’s representative: (1) A discharge plan. (2) A discharge medical summary. (3) Medical records. (4) Identification. (5) All necessary medications. (6) Any property belonging to the patient. (h) After discharge, any additional records shall be sent to the patient’s forwarding address. (i) The Director of State Hospitals may adopt regulations to implement this section. The adoption of regulations for the implementation of this section by the department is 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). (j) For the purposes of this section, a patient whose commitment has been suspended for compassionate release shall not be considered to be under the custody of, or the responsibility of, the State Department of State Hospitals. (k) If a patient’s commitment order is suspended pursuant to this section, it may be reinstated by the court pursuant to a finding by the State Department of State Hospitals that the patient’s condition has changed such that he or she poses a threat to public safety, or no longer meets the criteria for compassionate release described in subparagraph (A) or (C) of paragraph (5) of subdivision (b). (l) The State Department of State Hospitals, in consultation with relevant stakeholders, including, but not limited to, local law enforcement and correctional officials, shall promulgate regulations in accordance with subdivision (i) to establish a process for petitioning the court for reinstatement of a suspended commitment order, pursuant to subdivision (k). ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Chapter 6.3 (commencing with Section 21530) is added to Division 21 of the Elections Code, to read: CHAPTER 6.3. County of Los Angeles Citizens Redistricting Commission 21530. As used in this chapter, the following terms have the following meanings: (a) “Board” means the Board of Supervisors of the County of Los Angeles. (b) “Commission” means the Citizens Redistricting Commission in the County of Los Angeles established pursuant to Section 21532. (c) “Immediate family member” means a spouse, child, in-law, parent, or sibling. 21531. There is, in the County of Los Angeles, a Citizens Redistricting Commission. In the year following the year in which the decennial federal census is taken, the commission shall adjust the boundary lines of the supervisorial districts of the board in accordance with this chapter. 21532. (a) The commission shall be created no later than December 31, 2020, and in each year ending in the number zero thereafter. (b) The selection process is designed to produce a commission that is independent from the influence of the board and reasonably representative of the county’s diversity. (c) The commission shall consist of 14 members. The political party preferences of the commission members, as shown on the members’ most recent affidavits of registration, shall be as proportional as possible to the total number of voters who are registered with each political party in the County of Los Angeles, as determined by registration at the most recent statewide election. However, the political party preferences of the commission members are not required to be exactly the same as the proportion of political party preferences among the registered voters of the county. At least one commission member shall reside in each of the five existing supervisorial districts of the board. (d) Each commission member shall meet all of the following qualifications: (1) Be a resident of the County of Los Angeles. (2) Be a voter who has been continuously registered in the County of Los Angeles with the same political party or unaffiliated with a political party and who has not changed political party affiliation for five or more years immediately preceding the date of his or her appointment to the commission. (3) Have voted in at least one of the last three statewide elections immediately preceding his or her application to be a member of the commission. (4) Within the 10 years immediately preceding the date of application to the commission, neither the applicant, nor an immediate family member of the applicant, has done any of the following: (A) Been appointed to, elected to, or have been a candidate for office at the local, state, or federal level representing the County of Los Angeles, including as a member of the board. (B) Served as an employee of, or paid consultant for, an elected representative at the local, state, or federal level representing the County of Los Angeles. (C) Served as an employee of, or paid consultant for, a candidate for office at the local, state, or federal level representing the County of Los Angeles. (D) Served as an officer, employee, or paid consultant of a political party or as an appointed member of a political party central committee. (E) Been a registered state or local lobbyist. (5) Possess experience that demonstrates analytical skills relevant to the redistricting process and voting rights, and possess an ability to comprehend and apply the applicable state and federal legal requirements. (6) Possess experience that demonstrates an ability to be impartial. (7) Possess experience that demonstrates an appreciation for the diverse demographics and geography of the County of Los Angeles. (e) An interested person meeting the qualifications specified in subdivision (d) may submit an application to the county elections official to be considered for membership on the commission. The county elections official shall review the applications and eliminate applicants who do not meet the specified qualifications. (f) (1) From the pool of qualified applicants, the county elections official shall select 60 of the most qualified applicants, taking into account the requirements described in subdivision (c). The county elections official shall make public the names of the 60 most qualified applicants for at least 30 days. The county elections official shall not communicate with a member of the board, or an agent for a member of the board, about any matter related to the nomination process or applicants before the publication of the list of the 60 most qualified applicants. (2) During the period described in paragraph (1), the county elections official may eliminate any of the previously selected applicants if the official becomes aware that the applicant does not meet the qualifications specified in subdivision (d). (g) (1) After complying with the requirements of subdivision (f), the county elections official shall create a subpool for each of the five existing supervisorial districts of the board. (2) (A) At a regularly scheduled meeting of the board, the Auditor-Controller of the County of Los Angeles shall conduct a random drawing to select one commissioner from each of the five subpools established by the county elections official. (B) After completing the random drawing pursuant to subparagraph (A), at the same meeting of the board, the Auditor-Controller shall conduct a random drawing from all of the remaining applicants, without respect to subpools, to select three additional commissioners. (h) (1) The eight selected commissioners shall review the remaining names in the subpools of applicants and shall appoint six additional applicants to the commission. (2) The six appointees shall be chosen based on relevant experience, analytical skills, and ability to be impartial, and to ensure that the commission reflects the county’s diversity, including racial, ethnic, geographic, and gender diversity. However, formulas or specific ratios shall not be applied for this purpose. The eight commissioners shall also consider political party preference, selecting applicants so that the political party preference of the members of the commission complies with subdivision (c). 21533. (a) A commission member shall apply this chapter in a manner that is impartial and that reinforces public confidence in the integrity of the redistricting process. (b) The term of office of each member of the commission expires upon the appointment of the first member of the succeeding commission. (c) Nine members of the commission shall constitute a quorum. Nine or more affirmative votes shall be required for any official action. (d) (1) The commission shall not retain a consultant who would not be qualified as an applicant pursuant to paragraph (4) of subdivision (d) of Section 21532. (2) For purposes of this subdivision, “consultant” means a person, whether or not compensated, retained to advise the commission or a commission member regarding any aspect of the redistricting process. (e) Each commission member shall be a designated employee for purposes of the conflict of interest code adopted by the County of Los Angeles pursuant to Article 3 (commencing with Section 87300) of Chapter 7 of Title 9 of the Government Code. 21534. (a) The commission shall establish single-member supervisorial districts for the board pursuant to a mapping process using the following criteria as set forth in the following order of priority: (1) Districts shall comply with the United States Constitution and each district shall have a reasonably equal population with other districts for the board, except where deviation is required to comply with the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.) or allowable by law. (2) Districts shall comply with the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.). (3) Districts shall be geographically contiguous. (4) The geographic integrity of any city, local neighborhood, or local community of interest shall be respected in a manner that minimizes its division to the extent possible without violating the requirements of paragraphs (1) to (3), inclusive. A community of interest is a contiguous population that shares common social and economic interests that should be included within a single district for purposes of its effective and fair representation. Communities of interest shall not include relationships with political parties, incumbents, or political candidates. (5) To the extent practicable, and where this does not conflict with paragraphs (1) to (4), inclusive, districts shall be drawn to encourage geographical compactness such that nearby areas of population are not bypassed for more distant areas of population. (b) The place of residence of any incumbent or political candidate shall not be considered in the creation of a map. Districts shall not be drawn for purposes of favoring or discriminating against an incumbent, political candidate, or political party. (c) (1) The commission 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). (2) Before the commission draws a map, the commission shall conduct at least seven public hearings, to take place over a period of no fewer than 30 days, with at least one public hearing held in each supervisorial district. (3) After the commission draws a draft map, the commission shall do both of the following: (A) Post the map for public comment on the Internet Web site of the County of Los Angeles. (B) Conduct at least two public hearings to take place over a period of no fewer than 30 days. (4) (A) The commission shall establish and make available to the public a calendar of all public hearings described in paragraphs (2) and (3). Hearings shall be scheduled at various times and days of the week to accommodate a variety of work schedules and to reach as large an audience as possible. (B) Notwithstanding Section 54954.2 of the Government Code, the commission shall post the agenda for the public hearings described in paragraphs (2) and (3) at least seven days before the hearings. The agenda for a meeting required by paragraph (3) shall include a copy of the draft map. (5) (A) The commission shall arrange for the live translation of a hearing held pursuant to this chapter in an applicable language if a request for translation is made at least 24 hours before the hearing. (B) For purposes of this paragraph, an “applicable language” means a language for which the number of residents of the County of Los Angeles who are members of a language minority is greater than or equal to 3 percent of the total voting age residents of the county. (6) The commission shall take steps to encourage county residents to participate in the redistricting public review process. These steps may include: (A) Providing information through media, social media, and public service announcements. (B) Coordinating with community organizations. (C) Posting information on the Internet Web site of the County of Los Angeles that explains the redistricting process and includes a notice of each public hearing and the procedures for testifying during a hearing or submitting written testimony directly to the commission. (7) The board shall take all steps necessary to ensure that a complete and accurate computerized database is available for redistricting, and that procedures are in place to provide to the public ready access to redistricting data and computer software equivalent to what is available to the commission members. (8) The board shall provide for reasonable funding and staffing for the commission. (9) All records of the commission relating to redistricting, and all data considered by the commission in drawing a draft map or the final map, are public records. (d) (1) The commission shall adopt a redistricting plan adjusting the boundaries of the supervisorial districts and shall file the plan with the county elections official before August 15 of the year following the year in which each decennial federal census is taken. (2) The plan shall be effective 30 days after it is filed with the county elections official. (3) The plan shall be subject to referendum in the same manner as ordinances. (4) The commission shall issue, with the final map, a report that explains the basis on which the commission made its decisions in achieving compliance with the criteria described in subdivisions (a) and (b). 21535. A commission member shall be ineligible for a period of five years beginning from the date of appointment to hold elective public office at the federal, state, county, or city level in this state. A commission member shall be ineligible for a period of three years beginning from the date of appointment to hold appointive federal, state, or local public office, to serve as paid staff for, or as a paid consultant to, the Board of Equalization, the Congress, the Legislature, or any individual legislator, or to register as a federal, state or local lobbyist in this state. SEC. 2. The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances facing the County of Los Angeles. SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

Existing law requires the board of supervisors of each county, following each decennial federal census, and using that census as a basis, to adjust the boundaries of any or all of the supervisorial districts of the county so that the districts are as nearly equal in population as possible and comply with applicable federal law, and specifies the procedures the board of supervisors must follow in adjusting those boundaries. Existing law establishes the Independent Redistricting Commission in the County of San Diego, which is charged with adjusting the supervisorial district boundaries for the county. This bill would establish the Citizens Redistricting Commission in the County of Los Angeles, which would be charged with adjusting the boundary lines of the districts of the Board of Supervisors of the County of Los Angeles. The commission would consist of 14 members who meet specified qualifications. This bill would require the commission to adjust the boundaries of the supervisorial districts in accordance with specified criteria and adopt a redistricting plan, which would become effective 30 days following its submission to the county elections official. By increasing the duties on local officials, the bill would impose a state-mandated local program. This bill would make legislative findings and declarations as to the necessity of a special statute for the unique circumstances facing the County of Los Angeles. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Chapter 6.3 (commencing with Section 21530) is added to Division 21 of the Elections Code, to read: CHAPTER 6.3. County of Los Angeles Citizens Redistricting Commission 21530. As used in this chapter, the following terms have the following meanings: (a) “Board” means the Board of Supervisors of the County of Los Angeles. (b) “Commission” means the Citizens Redistricting Commission in the County of Los Angeles established pursuant to Section 21532. (c) “Immediate family member” means a spouse, child, in-law, parent, or sibling. 21531. There is, in the County of Los Angeles, a Citizens Redistricting Commission. In the year following the year in which the decennial federal census is taken, the commission shall adjust the boundary lines of the supervisorial districts of the board in accordance with this chapter. 21532. (a) The commission shall be created no later than December 31, 2020, and in each year ending in the number zero thereafter. (b) The selection process is designed to produce a commission that is independent from the influence of the board and reasonably representative of the county’s diversity. (c) The commission shall consist of 14 members. The political party preferences of the commission members, as shown on the members’ most recent affidavits of registration, shall be as proportional as possible to the total number of voters who are registered with each political party in the County of Los Angeles, as determined by registration at the most recent statewide election. However, the political party preferences of the commission members are not required to be exactly the same as the proportion of political party preferences among the registered voters of the county. At least one commission member shall reside in each of the five existing supervisorial districts of the board. (d) Each commission member shall meet all of the following qualifications: (1) Be a resident of the County of Los Angeles. (2) Be a voter who has been continuously registered in the County of Los Angeles with the same political party or unaffiliated with a political party and who has not changed political party affiliation for five or more years immediately preceding the date of his or her appointment to the commission. (3) Have voted in at least one of the last three statewide elections immediately preceding his or her application to be a member of the commission. (4) Within the 10 years immediately preceding the date of application to the commission, neither the applicant, nor an immediate family member of the applicant, has done any of the following: (A) Been appointed to, elected to, or have been a candidate for office at the local, state, or federal level representing the County of Los Angeles, including as a member of the board. (B) Served as an employee of, or paid consultant for, an elected representative at the local, state, or federal level representing the County of Los Angeles. (C) Served as an employee of, or paid consultant for, a candidate for office at the local, state, or federal level representing the County of Los Angeles. (D) Served as an officer, employee, or paid consultant of a political party or as an appointed member of a political party central committee. (E) Been a registered state or local lobbyist. (5) Possess experience that demonstrates analytical skills relevant to the redistricting process and voting rights, and possess an ability to comprehend and apply the applicable state and federal legal requirements. (6) Possess experience that demonstrates an ability to be impartial. (7) Possess experience that demonstrates an appreciation for the diverse demographics and geography of the County of Los Angeles. (e) An interested person meeting the qualifications specified in subdivision (d) may submit an application to the county elections official to be considered for membership on the commission. The county elections official shall review the applications and eliminate applicants who do not meet the specified qualifications. (f) (1) From the pool of qualified applicants, the county elections official shall select 60 of the most qualified applicants, taking into account the requirements described in subdivision (c). The county elections official shall make public the names of the 60 most qualified applicants for at least 30 days. The county elections official shall not communicate with a member of the board, or an agent for a member of the board, about any matter related to the nomination process or applicants before the publication of the list of the 60 most qualified applicants. (2) During the period described in paragraph (1), the county elections official may eliminate any of the previously selected applicants if the official becomes aware that the applicant does not meet the qualifications specified in subdivision (d). (g) (1) After complying with the requirements of subdivision (f), the county elections official shall create a subpool for each of the five existing supervisorial districts of the board. (2) (A) At a regularly scheduled meeting of the board, the Auditor-Controller of the County of Los Angeles shall conduct a random drawing to select one commissioner from each of the five subpools established by the county elections official. (B) After completing the random drawing pursuant to subparagraph (A), at the same meeting of the board, the Auditor-Controller shall conduct a random drawing from all of the remaining applicants, without respect to subpools, to select three additional commissioners. (h) (1) The eight selected commissioners shall review the remaining names in the subpools of applicants and shall appoint six additional applicants to the commission. (2) The six appointees shall be chosen based on relevant experience, analytical skills, and ability to be impartial, and to ensure that the commission reflects the county’s diversity, including racial, ethnic, geographic, and gender diversity. However, formulas or specific ratios shall not be applied for this purpose. The eight commissioners shall also consider political party preference, selecting applicants so that the political party preference of the members of the commission complies with subdivision (c). 21533. (a) A commission member shall apply this chapter in a manner that is impartial and that reinforces public confidence in the integrity of the redistricting process. (b) The term of office of each member of the commission expires upon the appointment of the first member of the succeeding commission. (c) Nine members of the commission shall constitute a quorum. Nine or more affirmative votes shall be required for any official action. (d) (1) The commission shall not retain a consultant who would not be qualified as an applicant pursuant to paragraph (4) of subdivision (d) of Section 21532. (2) For purposes of this subdivision, “consultant” means a person, whether or not compensated, retained to advise the commission or a commission member regarding any aspect of the redistricting process. (e) Each commission member shall be a designated employee for purposes of the conflict of interest code adopted by the County of Los Angeles pursuant to Article 3 (commencing with Section 87300) of Chapter 7 of Title 9 of the Government Code. 21534. (a) The commission shall establish single-member supervisorial districts for the board pursuant to a mapping process using the following criteria as set forth in the following order of priority: (1) Districts shall comply with the United States Constitution and each district shall have a reasonably equal population with other districts for the board, except where deviation is required to comply with the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.) or allowable by law. (2) Districts shall comply with the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.). (3) Districts shall be geographically contiguous. (4) The geographic integrity of any city, local neighborhood, or local community of interest shall be respected in a manner that minimizes its division to the extent possible without violating the requirements of paragraphs (1) to (3), inclusive. A community of interest is a contiguous population that shares common social and economic interests that should be included within a single district for purposes of its effective and fair representation. Communities of interest shall not include relationships with political parties, incumbents, or political candidates. (5) To the extent practicable, and where this does not conflict with paragraphs (1) to (4), inclusive, districts shall be drawn to encourage geographical compactness such that nearby areas of population are not bypassed for more distant areas of population. (b) The place of residence of any incumbent or political candidate shall not be considered in the creation of a map. Districts shall not be drawn for purposes of favoring or discriminating against an incumbent, political candidate, or political party. (c) (1) The commission 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). (2) Before the commission draws a map, the commission shall conduct at least seven public hearings, to take place over a period of no fewer than 30 days, with at least one public hearing held in each supervisorial district. (3) After the commission draws a draft map, the commission shall do both of the following: (A) Post the map for public comment on the Internet Web site of the County of Los Angeles. (B) Conduct at least two public hearings to take place over a period of no fewer than 30 days. (4) (A) The commission shall establish and make available to the public a calendar of all public hearings described in paragraphs (2) and (3). Hearings shall be scheduled at various times and days of the week to accommodate a variety of work schedules and to reach as large an audience as possible. (B) Notwithstanding Section 54954.2 of the Government Code, the commission shall post the agenda for the public hearings described in paragraphs (2) and (3) at least seven days before the hearings. The agenda for a meeting required by paragraph (3) shall include a copy of the draft map. (5) (A) The commission shall arrange for the live translation of a hearing held pursuant to this chapter in an applicable language if a request for translation is made at least 24 hours before the hearing. (B) For purposes of this paragraph, an “applicable language” means a language for which the number of residents of the County of Los Angeles who are members of a language minority is greater than or equal to 3 percent of the total voting age residents of the county. (6) The commission shall take steps to encourage county residents to participate in the redistricting public review process. These steps may include: (A) Providing information through media, social media, and public service announcements. (B) Coordinating with community organizations. (C) Posting information on the Internet Web site of the County of Los Angeles that explains the redistricting process and includes a notice of each public hearing and the procedures for testifying during a hearing or submitting written testimony directly to the commission. (7) The board shall take all steps necessary to ensure that a complete and accurate computerized database is available for redistricting, and that procedures are in place to provide to the public ready access to redistricting data and computer software equivalent to what is available to the commission members. (8) The board shall provide for reasonable funding and staffing for the commission. (9) All records of the commission relating to redistricting, and all data considered by the commission in drawing a draft map or the final map, are public records. (d) (1) The commission shall adopt a redistricting plan adjusting the boundaries of the supervisorial districts and shall file the plan with the county elections official before August 15 of the year following the year in which each decennial federal census is taken. (2) The plan shall be effective 30 days after it is filed with the county elections official. (3) The plan shall be subject to referendum in the same manner as ordinances. (4) The commission shall issue, with the final map, a report that explains the basis on which the commission made its decisions in achieving compliance with the criteria described in subdivisions (a) and (b). 21535. A commission member shall be ineligible for a period of five years beginning from the date of appointment to hold elective public office at the federal, state, county, or city level in this state. A commission member shall be ineligible for a period of three years beginning from the date of appointment to hold appointive federal, state, or local public office, to serve as paid staff for, or as a paid consultant to, the Board of Equalization, the Congress, the Legislature, or any individual legislator, or to register as a federal, state or local lobbyist in this state. SEC. 2. The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances facing the County of Los Angeles. SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares the following: (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’ violations. (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. (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. (d) In amending the Public Contract Code to promote responsible contracting at the University of California, it is important to delay the amendments’ 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’ requirements by delaying their effect until after the university’s $15 per hour minimum wage for contracted employees is fully in effect. SEC. 2. Section 10507.6 is added to the Public Contract Code, to read: 10507.6. (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. (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. (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. (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’s most recent annual gross revenue, whichever is less. (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. (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. (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. (g) This section shall become operative January 1, 2018. SEC. 3. Section 10507.7 of the Public Contract Code is amended to read: 10507.7. (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. (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. SEC. 4. Section 10507.7 is added to the Public Contract Code, to read: 10507.7. (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. (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. (c) This section shall become operative on January 1, 2018.

Existing provisions of the California Constitution provide that the University of California constitutes a public trust and require the university to be administered by the Regents of the University of California (regents), a corporation in the form of a board, with full powers of organization and government, subject to legislative control only for specified purposes, including any competitive bidding procedures as may be applicable to the university by statute for the letting of construction contracts, sales of real property, and purchasing of materials, goods, and services. Existing law requires the regents, except as provided, to let all contracts involving an expenditure of $100,000 or more annually for goods and materials or services, excepting personal or professional services, to the lowest responsible bidder meeting certain specifications, or to reject all bids. Existing law, until January 1, 2018, also authorizes the bid evaluation and selection for these contracts to be determined by the best value, as defined. This bill, beginning January 1, 2018, would require a bidder, to qualify as a lowest responsible bidder or best value awardee on contracts for specified services, among other requirements, to certify in writing to the University of California (UC) that the bid includes a total employee compensation package that is valued on a per-employee basis at a level sufficient that it does not materially undercut the average per-employee value of total compensation for UC employees who perform comparable work at the relevant campus, medical center, or laboratory at which the bidder proposes to perform the work. The bill would require the UC to include in its request for proposals a calculation of the average per-employee value of total compensation for UC employees who perform comparable work at the relevant location, as prescribed. The bill would, for these purposes, require contracts for services involving an expenditure of $100,000 or more annually to include any renewals or extensions of the contract that would result in an expenditure of $100,000 or more annually. This bill would exclude specified employees and public works from these provisions.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares the following: (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’ violations. (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. (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. (d) In amending the Public Contract Code to promote responsible contracting at the University of California, it is important to delay the amendments’ 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’ requirements by delaying their effect until after the university’s $15 per hour minimum wage for contracted employees is fully in effect. SEC. 2. Section 10507.6 is added to the Public Contract Code, to read: 10507.6. (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. (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. (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. (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’s most recent annual gross revenue, whichever is less. (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. (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. (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. (g) This section shall become operative January 1, 2018. SEC. 3. Section 10507.7 of the Public Contract Code is amended to read: 10507.7. (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. (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. SEC. 4. Section 10507.7 is added to the Public Contract Code, to read: 10507.7. (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. (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. (c) This section shall become operative on January 1, 2018. ### Summary: This bill would amend the Public Contract Code to require that the University of California let all contracts for building maintenance, cleaning or custodial services, call center services, dining

The people of the State of California do enact as follows: SECTION 1. Section 14132.725 of the Welfare and Institutions Code is amended to read: 14132.725. (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 the services described in this section. reproductive health care provided by store and forward. (b) For purposes of this section, “teleophthalmology, teledermatology, and teledentistry, and reproductive health care provided by store and forward” 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’s 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. (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. (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. (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 than that is not otherwise authorized by law. (4) All laws regarding the confidentiality of health information and a patient’s right of access to his or her medical information shall apply to telephonic and electronic patient management services. (5) This subdivision shall not apply to a patient in the custody of the Department of Corrections and Rehabilitation or any other correctional facility. (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: (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. (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. (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. (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. (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. (f) For purposes of this section, the following definitions apply: (1) “Established patient” 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. (2) “Nonphysician health care provider” means a provider, other than a physician, who is licensed pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code. (3) “Reproductive health care” means the general reproductive health care services described in paragraph (8) of subdivision (aa) of Section 14132. (4) “Telephonic and electronic patient management service” 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: (A) The service does not require an in-person visit with the physician or nonphysician health care provider. (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. “Initiated by an established patient” does not include a visit for which a provider or a person employed by a provider contacts a patient to initiate a service. (C) The service is recognized by the Current Procedural Terminology codes published by the American Medical Association. (g) The department may seek approval of any state plan amendments necessary to implement this section. (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.

Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services, as specified. The Medi-Cal program is, in part, governed and funded by federal Medicaid Program program provisions. Existing law provides that, 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 teledermatology, and teledentistry by store and forward,” as defined to mean the asynchronous transmission of medical information to be reviewed at a later time by a licensed physician or optometrist, as specified, at a distant site. This bill would enact similar provisions relating to the use of reproductive health care under the Medi-Cal program. The bill would provide that, to the extent that federal financial participation is available, face-to-face contact between a health care provider and a patient shall not be required under the Medi-Cal program for “reproductive health care provided by store and forward.” The bill would define that term to mean an asynchronous transmission of medical information to be reviewed at a later time by a physician, nurse practitioner, certified nurse midwife, licensed midwife, physician assistant, or registered nurse at a distant site, where the provider at the distant site reviews the dental information without the patient being present in real time, as defined and as specified. The bill would require Medi-Cal managed care plans that contract with the department to cover reproductive health care provided by store and forward. This bill would also provide that, to the extent federal financial participation is available and any necessary federal approvals are obtained, telephonic and electronic patient management services, as defined, provided by a physician or nonphysician health care provider acting within his or her scope of licensure shall be a benefit under the Medi-Cal program in fee-for-service and managed care delivery systems, as specified. The bill would authorize the department to seek approval of any state plan amendments necessary to implement these provisions.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 14132.725 of the Welfare and Institutions Code is amended to read: 14132.725. (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 the services described in this section. reproductive health care provided by store and forward. (b) For purposes of this section, “teleophthalmology, teledermatology, and teledentistry, and reproductive health care provided by store and forward” 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’s 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. (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. (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. (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 than that is not otherwise authorized by law. (4) All laws regarding the confidentiality of health information and a patient’s right of access to his or her medical information shall apply to telephonic and electronic patient management services. (5) This subdivision shall not apply to a patient in the custody of the Department of Corrections and Rehabilitation or any other correctional facility. (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: (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. (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. (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. (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. (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. (f) For purposes of this section, the following definitions apply: (1) “Established patient” 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. (2) “Nonphysician health care provider” means a provider, other than a physician, who is licensed pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code. (3) “Reproductive health care” means the general reproductive health care services described in paragraph (8) of subdivision (aa) of Section 14132. (4) “Telephonic and electronic patient management service” 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: (A) The service does not require an in-person visit with the physician or nonphysician health care provider. (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. “Initiated by an established patient” does not include a visit for which a provider or a person employed by a provider contacts a patient to initiate a service. (C) The service is recognized by the Current Procedural Terminology codes published by the American Medical Association. (g) The department may seek approval of any state plan amendments necessary to implement this section. (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. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 712.5 is added to the Public Utilities Code, to read: 712.5. (a) (1) The commission shall cause an assessment to be completed by no later than July 1, 2018, of the adverse and beneficial economic impacts, and the net economic effects, for the County of San Luis Obispo and the surrounding regions, that could occur if the Diablo Canyon Units 1 and 2 powerplant were to temporarily or permanently shut down before the powerplant’s current operating licenses from the Nuclear Regulatory Commission expire or when the Pacific Gas and Electric Company closes the powerplant upon the expiration of its current licenses. The assessment shall include a review, as described in paragraph (4) of subdivision (b), of potential actions for the state and local jurisdictions to consider in order to mitigate the adverse economic impact of a shutdown. (2) The assessment shall be conducted by an independent third party, selected in accordance with paragraph (1) of subdivision (c). (b) The assessment shall consist of, but not be limited to, all of the following: (1) Estimates of any changes in local tax revenues, changes in workforce populations, changes in indirect or induced economies, and potential impacts to ratepayers from a shutdown. (2) A review of the economic impacts that affected the region surrounding the San Onofre Nuclear Generating Station after it was decommissioned by the Southern California Edison Company and of the relevant decommissioning plans of the San Onofre Nuclear Generating Station. (3) A review of regions in the United States similar to the County of San Luis Obispo and the surrounding regions that have experienced the decommissioning of a nuclear powerplant and of the resulting economic impacts of the decommissioning on those regions. (4) Identification of any contingency plans that could mitigate the adverse economic impact of a shutdown to state and local jurisdictions, the local workforce, and entities receiving enhanced tax revenue. (c) (1) The commission shall issue a request for proposal for the independent third party that will ensure that the selected party is able to make an independent review and analysis of the data described in subdivision (b). (2) The independent third party shall consult with the Board of Supervisors of the County of San Luis Obispo, the governing board of the San Luis Coastal Unified School District, the Center for Labor Research and Education at the University of California at Berkeley, the regional economic development group of the County of San Luis Obispo, and other relevant governmental entities or community-based organizations to assist in an accurate assessment of the economic and workforce impacts of a shutdown. (d) The commission shall make the assessment publicly available on its Internet Web site, distribute copies to relevant state and local jurisdictions, and convene a public forum in the County of San Luis Obispo on the findings and recommendations of the assessment. SEC. 2. The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because, currently, the Diablo Canyon Units 1 and 2 powerplant, owned and operated by the Pacific Gas and Electric Company, is the last operating nuclear powerplant in California, and, on June 21, 2016, the Pacific Gas and Electric Company announced that it would not renew its licenses for Diablo Canyon Units 1 and 2, which are set to expire in 2024 and 2025, respectively. In addition, a joint proposal governing the closure of the Diablo Canyon Units 1 and 2, which included an orderly replacement of electricity from generating resources that do not emit greenhouse gases and an employee retention severance program, was signed by interested parties. Local communities were ill-prepared and given no notice after the sudden closure of the San Onofre Nuclear Generating Station was announced on June 7, 2013, and the state is still responding, at significant cost, to the sudden, permanent, and unexpected loss of baseline electricity. Therefore, an assessment is needed on the economic impact specific to a shutdown of the Diablo Canyon Units 1 and 2 powerplant to provide the state, and local communities, with valuable and necessary information to plan and prepare for that circumstance. The findings and recommendations made are not intended to interfere with or invalidate the joint proposal and can be used by local communities and parties to the joint proposal to provide further information and recommendations to minimize the local economic and other impacts that the planned closure may cause. SEC. 3. The Public Utilities Commission shall approve the withdrawal of four hundred thousand dollars ($400,000) from the nuclear decommissioning trust funds established by Pacific Gas and Electric Company pursuant to the Nuclear Facility Decommissioning Act of 1985 (Chapter 2 (commencing with Section 8321) of Division 4.1 of the Public Utilities Code) for the Diablo Canyon Units 1 and 2 powerplant. The commission shall use the moneys for additional staffing to urgently effectuate the third-party assessment pursuant to Section 712.5 of the Public Utilities Code. SEC. 4. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: The Pacific Gas and Electric Company announced on June 21, 2016, that it would not renew its licenses for Diablo Canyon Units 1 and 2 and it is necessary for the Public Utilities Commission to immediately start the process of selecting an independent third party to conduct an economic assessment and to provide the independent third party with as much time as possible to conduct a thorough assessment.

Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations. The Diablo Canyon nuclear powerplant, composed of reactor Units 1 and 2, is operated by the Pacific Gas and Electric Company in the County of San Luis Obispo. Existing law requires the commission to convene, or continue, until August 26, 2025, an independent peer review panel to conduct an independent review of enhanced seismic studies and surveys of the Diablo Canyon Units 1 and 2 powerplant, including the surrounding areas of the facility and areas of nuclear waste storage. The Nuclear Facility Decommissioning Act of 1985 requires each electrical corporation owning or operating nuclear facilities to establish an externally managed, segregated fund for payment of decommissioning costs of those facilities, establishes requirements for collection of moneys for decommisioning costs in the utility’s rates and charges, and requires that the expenses associated with decommissioning of nuclear facilities be paid from those funds. Pursuant to the act, the commission ordered 2 nuclear decommissioning funds be established for the Diablo Canyon Units 1 and 2 powerplant. This bill would require the commission to cause an assessment to be completed by no later than July 1, 2018, conducted by an independent 3rd party, selected as specified, of the adverse and beneficial economic impacts, and net economic effects, that could occur, and of potential ways for the state and local jurisdictions to mitigate the adverse economic impact, if the Diablo Canyon Units 1 and 2 powerplant were to temporarily or permanently shut down before the powerplant’s current operating licenses expire or when the Pacific Gas and Electric Company closes the powerplant upon the expiration of its current licenses. The bill would require the commission to approve the withdrawal of $400,000 from the nuclear decommissioning funds established for the Diablo Canyon Units 1 and 2 powerplant for use by the commission for additional staffing to urgently effectuate the 3rd-party assessment. This bill would make legislative findings and declarations as to the necessity of a special statute for the Pacific Gas and Electric Company. This bill would declare that it is to take effect immediately as an urgency statute.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 712.5 is added to the Public Utilities Code, to read: 712.5. (a) (1) The commission shall cause an assessment to be completed by no later than July 1, 2018, of the adverse and beneficial economic impacts, and the net economic effects, for the County of San Luis Obispo and the surrounding regions, that could occur if the Diablo Canyon Units 1 and 2 powerplant were to temporarily or permanently shut down before the powerplant’s current operating licenses from the Nuclear Regulatory Commission expire or when the Pacific Gas and Electric Company closes the powerplant upon the expiration of its current licenses. The assessment shall include a review, as described in paragraph (4) of subdivision (b), of potential actions for the state and local jurisdictions to consider in order to mitigate the adverse economic impact of a shutdown. (2) The assessment shall be conducted by an independent third party, selected in accordance with paragraph (1) of subdivision (c). (b) The assessment shall consist of, but not be limited to, all of the following: (1) Estimates of any changes in local tax revenues, changes in workforce populations, changes in indirect or induced economies, and potential impacts to ratepayers from a shutdown. (2) A review of the economic impacts that affected the region surrounding the San Onofre Nuclear Generating Station after it was decommissioned by the Southern California Edison Company and of the relevant decommissioning plans of the San Onofre Nuclear Generating Station. (3) A review of regions in the United States similar to the County of San Luis Obispo and the surrounding regions that have experienced the decommissioning of a nuclear powerplant and of the resulting economic impacts of the decommissioning on those regions. (4) Identification of any contingency plans that could mitigate the adverse economic impact of a shutdown to state and local jurisdictions, the local workforce, and entities receiving enhanced tax revenue. (c) (1) The commission shall issue a request for proposal for the independent third party that will ensure that the selected party is able to make an independent review and analysis of the data described in subdivision (b). (2) The independent third party shall consult with the Board of Supervisors of the County of San Luis Obispo, the governing board of the San Luis Coastal Unified School District, the Center for Labor Research and Education at the University of California at Berkeley, the regional economic development group of the County of San Luis Obispo, and other relevant governmental entities or community-based organizations to assist in an accurate assessment of the economic and workforce impacts of a shutdown. (d) The commission shall make the assessment publicly available on its Internet Web site, distribute copies to relevant state and local jurisdictions, and convene a public forum in the County of San Luis Obispo on the findings and recommendations of the assessment. SEC. 2. The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because, currently, the Diablo Canyon Units 1 and 2 powerplant, owned and operated by the Pacific Gas and Electric Company, is the last operating nuclear powerplant in California, and, on June 21, 2016, the Pacific Gas and Electric Company announced that it would not renew its licenses for Diablo Canyon Units 1 and 2, which are set to expire in 2024 and 2025, respectively. In addition, a joint proposal governing the closure of the Diablo Canyon Units 1 and 2, which included an orderly replacement of electricity from generating resources that do not emit greenhouse gases and an employee retention severance program, was signed by interested parties. Local communities were ill-prepared and given no notice after the sudden closure of the San Onofre Nuclear Generating Station was announced on June 7, 2013, and the state is still responding, at significant cost, to the sudden, permanent, and unexpected loss of baseline electricity. Therefore, an assessment is needed on the economic impact specific to a shutdown of the Diablo Canyon Units 1 and 2 powerplant to provide the state, and local communities, with valuable and necessary information to plan and prepare for that circumstance. The findings and recommendations made are not intended to interfere with or invalidate the joint proposal and can be used by local communities and parties to the joint proposal to provide further information and recommendations to minimize the local economic and other impacts that the planned closure may cause. SEC. 3. The Public Utilities Commission shall approve the withdrawal of four hundred thousand dollars ($400,000) from the nuclear decommissioning trust funds established by Pacific Gas and Electric Company pursuant to the Nuclear Facility Decommissioning Act of 1985 (Chapter 2 (commencing with Section 8321) of Division 4.1 of the Public Utilities Code) for the Diablo Canyon Units 1 and 2 powerplant. The commission shall use the moneys for additional staffing to urgently effectuate the third-party assessment pursuant to Section 712.5 of the Public Utilities Code. SEC. 4. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: The Pacific Gas and Electric Company announced on June 21, 2016, that it would not renew its licenses for Diablo Canyon Units 1 and 2 and it is necessary for the Public Utilities Commission to immediately start the process of selecting an independent third party to conduct an economic assessment and to provide the independent third party with as much time as possible to conduct a thorough assessment. ### Summary: This bill would require the Public Utilities Commission to conduct a study on the economic impacts of the closure of the Diablo Canyon Nuclear Power Plant. ### Related Bills:

The people of the State of California do enact as follows: SECTION 1. The heading of Article 14 (commencing with Section 111222) of Chapter 5 of Part 5 of Division 104 of the Health and Safety Code is amended to read: Article 14. Asian Rice Noodles, Korean Rice Cakes, and Vietnamese Rice Cakes SEC. 2. Section 111222 of the Health and Safety Code is amended to read: 111222. For purposes of this article the following definitions shall apply: (a) “Asian rice-based noodle” is defined as a rice-based pasta that contains rice powder, water, wheat starch, vegetable cooking oil, and optional ingredients to modify the pH or water activity, or to provide a preservative effect. The ingredients shall not include any animal fats or any other products derived from animals. An Asian rice-based noodle is prepared by using a traditional method that includes cooking by steaming at not less than 130 degrees Fahrenheit, for not less than four minutes. (b) “Korean rice cake” is defined as a confection that contains rice powder, salt, sugar, various edible seeds, oil, dried beans, nuts, dried fruits, and dried pumpkin. The ingredients may not include any animal fats or any other products derived from animals. A Korean rice cake is prepared by using a traditional Korean method that includes cooking by steaming at not less than 275 degrees Fahrenheit, for not less than five minutes, nor more than 15 minutes. (c) “Vietnamese rice cake,” also known as Bánh Tét or Bánh Chưng, is defined as a confection that contains a combination of rice, beans, and meat or fruit wrapped tightly in banana leaves for cooking. Bánh Tét is a rice cake in a cylindrical shape, and Bánh Chưng is a rice cake in a square shape. A Vietnamese rice cake is prepared using a traditional Vietnamese method that includes cooking by boiling in water for not less than 10 hours. Vietnamese rice cakes are required to be handled, prepared, and stored under sanitary conditions both when they are kept at no more than 70 degrees Fahrenheit upon completion of cooking and after the rice cakes have been cooled to below 70 degrees Fahrenheit. Any Vietnamese rice cakes that are unwrapped from the banana leaves after cooking shall be refrigerated. SEC. 3. Section 111223 of the Health and Safety Code is amended to read: 111223. (a) (1) All manufacturers of Asian rice-based noodles shall place a label on the packaging of Asian rice-based noodles that indicates the date and time that the product first came out of hot holding at temperatures above 135 degrees Fahrenheit and includes a statement that the Asian rice-based noodles are perishable. (2) The product packaging shall only be labeled once. (3) Notwithstanding paragraphs (1) and (2), this section shall not apply to Asian rice-based noodles that have a pH of 4.6 or below, have a water activity of 0.85 or below, or have been determined by the department to be nonpotentially hazardous foods based on formulation and supporting laboratory documentation submitted to the department by the manufacturer. (b) All manufacturers of Korean rice cakes shall place a label issued by the Korean Rice Cake Association Corporation on the Korean rice cake that indicates the date of manufacture. The Korean rice cakes label shall include a statement that the rice cake must be consumed within one day of manufacture. (c) (1) All manufacturers of Vietnamese rice cakes shall place a label, designed by the Vietnamese Rice Cake Association, Inc., on the Vietnamese rice cake that indicates the date and time the cooking process was completed. The Vietnamese rice cakes label shall include a statement that the rice cake must be consumed within 24 hours of the date and time printed on the label. (2) Notwithstanding paragraph (1), this section does not apply to Vietnamese rice cakes that have been determined by the department to be nonpotentially hazardous foods based on formulation and supporting laboratory documentation submitted to the department by the manufacturer. SEC. 4. Section 114429.3 is added to the Health and Safety Code, to read: 114429.3. (a) Notwithstanding Sections 113996 and 114343 and if permitted by federal law, a food facility may sell Vietnamese rice cakes that have been at no more than 70 degrees Fahrenheit for no more than 24 hours. (b) Vietnamese rice cakes that have been at no more than 70 degrees Fahrenheit but have been stored for more than 24 hours shall be destroyed in a manner approved by the enforcement agency. (c) All Vietnamese rice cakes shall bear a label meeting the requirements of Section 111223. SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

Existing law, the Sherman Food, Drug, and Cosmetic Law, requires all manufacturers of Korean rice cakes, as defined, to place a label issued by the Korean Rice Cake Association Corporation on the Korean rice cake that indicates the date of manufacture, and requires the label to include a statement that the rice cake must be consumed within one day of manufacture. A violation of these provisions is a crime. This bill would require, except as provided, a manufacturer of Vietnamese rice cakes, as defined, to place a label, designed by the Vietnamese Rice Cake Association, Inc., on the Vietnamese rice cake that indicates the date and time the cooking process was completed, and would require the label to include a statement that the rice cake must be consumed within 24 hours of the date and time printed on the label. By creating a new crime, this bill would impose a state-mandated local program. Existing law, the California Retail Food Code, provides for the regulation of health and sanitation standards for food facilities, as defined, by the State Department of Public Health. Under existing law, local health agencies are primarily responsible for enforcing the California Retail Food Code. A violation of these provisions is a crime. Existing law authorizes a food facility to sell Korean rice cakes, as defined, that have been at room temperature for no more than 24 hours, and requires, at the end of the operating day, Korean rice cakes that have been at room temperature for no more than 24 hours to be destroyed in a manner approved by the enforcement agency. This bill would also authorize a food facility to sell Vietnamese rice cakes that have been at no more than 70 degrees Fahrenheit for no more than 24 hours and would require Vietnamese rice cakes that have been at no more than 70 degrees Fahrenheit but have been stored for more than 24 hours to be destroyed in a manner approved by the enforcement agency. By imposing new enforcement requirements on local health agencies, and by creating a new crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. The heading of Article 14 (commencing with Section 111222) of Chapter 5 of Part 5 of Division 104 of the Health and Safety Code is amended to read: Article 14. Asian Rice Noodles, Korean Rice Cakes, and Vietnamese Rice Cakes SEC. 2. Section 111222 of the Health and Safety Code is amended to read: 111222. For purposes of this article the following definitions shall apply: (a) “Asian rice-based noodle” is defined as a rice-based pasta that contains rice powder, water, wheat starch, vegetable cooking oil, and optional ingredients to modify the pH or water activity, or to provide a preservative effect. The ingredients shall not include any animal fats or any other products derived from animals. An Asian rice-based noodle is prepared by using a traditional method that includes cooking by steaming at not less than 130 degrees Fahrenheit, for not less than four minutes. (b) “Korean rice cake” is defined as a confection that contains rice powder, salt, sugar, various edible seeds, oil, dried beans, nuts, dried fruits, and dried pumpkin. The ingredients may not include any animal fats or any other products derived from animals. A Korean rice cake is prepared by using a traditional Korean method that includes cooking by steaming at not less than 275 degrees Fahrenheit, for not less than five minutes, nor more than 15 minutes. (c) “Vietnamese rice cake,” also known as Bánh Tét or Bánh Chưng, is defined as a confection that contains a combination of rice, beans, and meat or fruit wrapped tightly in banana leaves for cooking. Bánh Tét is a rice cake in a cylindrical shape, and Bánh Chưng is a rice cake in a square shape. A Vietnamese rice cake is prepared using a traditional Vietnamese method that includes cooking by boiling in water for not less than 10 hours. Vietnamese rice cakes are required to be handled, prepared, and stored under sanitary conditions both when they are kept at no more than 70 degrees Fahrenheit upon completion of cooking and after the rice cakes have been cooled to below 70 degrees Fahrenheit. Any Vietnamese rice cakes that are unwrapped from the banana leaves after cooking shall be refrigerated. SEC. 3. Section 111223 of the Health and Safety Code is amended to read: 111223. (a) (1) All manufacturers of Asian rice-based noodles shall place a label on the packaging of Asian rice-based noodles that indicates the date and time that the product first came out of hot holding at temperatures above 135 degrees Fahrenheit and includes a statement that the Asian rice-based noodles are perishable. (2) The product packaging shall only be labeled once. (3) Notwithstanding paragraphs (1) and (2), this section shall not apply to Asian rice-based noodles that have a pH of 4.6 or below, have a water activity of 0.85 or below, or have been determined by the department to be nonpotentially hazardous foods based on formulation and supporting laboratory documentation submitted to the department by the manufacturer. (b) All manufacturers of Korean rice cakes shall place a label issued by the Korean Rice Cake Association Corporation on the Korean rice cake that indicates the date of manufacture. The Korean rice cakes label shall include a statement that the rice cake must be consumed within one day of manufacture. (c) (1) All manufacturers of Vietnamese rice cakes shall place a label, designed by the Vietnamese Rice Cake Association, Inc., on the Vietnamese rice cake that indicates the date and time the cooking process was completed. The Vietnamese rice cakes label shall include a statement that the rice cake must be consumed within 24 hours of the date and time printed on the label. (2) Notwithstanding paragraph (1), this section does not apply to Vietnamese rice cakes that have been determined by the department to be nonpotentially hazardous foods based on formulation and supporting laboratory documentation submitted to the department by the manufacturer. SEC. 4. Section 114429.3 is added to the Health and Safety Code, to read: 114429.3. (a) Notwithstanding Sections 113996 and 114343 and if permitted by federal law, a food facility may sell Vietnamese rice cakes that have been at no more than 70 degrees Fahrenheit for no more than 24 hours. (b) Vietnamese rice cakes that have been at no more than 70 degrees Fahrenheit but have been stored for more than 24 hours shall be destroyed in a manner approved by the enforcement agency. (c) All Vietnamese rice cakes shall bear a label meeting the requirements of Section 111223. SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. This act shall be known, and may be cited, as the First Validating Act of 2016. SEC. 2. As used in this act: (a) “Public body” means all of the following: (1) The state and all departments, agencies, boards, commissions, and authorities of the state. Except as provided in paragraph (2), “public body” 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: Agencies, 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). Air pollution control districts of any kind. Air quality management districts. Airport districts. Assessment districts, benefit assessment districts, and special assessment districts of any public body. Bridge and highway districts. California water districts. Citrus pest control districts. City maintenance districts. Community college districts. Community 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’s authority to act as a community redevelopment agency. Community facilities districts. Community rehabilitation districts. Community revitalization and investment authorities. Community services districts. Conservancy districts. Cotton pest abatement districts. County boards of education. County drainage districts. County flood control and water districts. County free library systems. County maintenance districts. County sanitation districts. County service areas. County transportation commissions. County water agencies. County water authorities. County water districts. County waterworks districts. Department of Water Resources and other agencies acting pursuant to Part 3 (commencing with Section 11100) of Division 6 of the Water Code. Distribution districts of any public body. Drainage districts. Enhanced infrastructure financing districts. Fire protection districts. Flood control and water conservation districts. Flood control districts. Garbage and refuse disposal districts. Garbage disposal districts. Geologic hazard abatement districts. Harbor districts. Harbor improvement districts. Harbor, recreation, and conservation districts. Health care authorities. Highway districts. Highway interchange districts. Highway lighting districts. Housing authorities. Improvement districts or improvement areas of any public body. Industrial development authorities. Infrastructure financing districts. Integrated financing districts. Irrigation districts. Joint highway districts. Levee districts. Library districts. Library districts in unincorporated towns and villages. Local agency formation commissions. Local health care districts. Local health districts. Local hospital districts. Local transportation authorities or commissions. Maintenance districts. Memorial districts. Metropolitan transportation commissions. Metropolitan water districts. Mosquito abatement and vector control districts. Multifamily improvement districts. Municipal improvement districts. Municipal utility districts. Municipal water districts. Nonprofit corporations. Nonprofit public benefit corporations. Open-space maintenance districts. Parking and business improvement areas. Parking authorities. Parking districts. Permanent road divisions. Pest abatement districts. Police protection districts. Port districts. Property and business improvement areas. Protection districts. Public cemetery districts. Public utility districts. Rapid transit districts. Reclamation districts. Recreation and park districts. Regional justice facility financing agencies. Regional park and open-space districts. Regional planning districts. Regional transportation commissions. Resort improvement districts. Resource conservation districts. River port districts. Road maintenance districts. Sanitary districts. School districts of any kind or class. School facilities improvement districts. Separation of grade districts. Service authorities for freeway emergencies. Sewer districts. Sewer maintenance districts. Small craft harbor districts. Special municipal tax districts. Stone and pome fruit pest control districts. Storm drain maintenance districts. Storm drainage districts. Storm drainage maintenance districts. Storm water districts. Toll tunnel authorities. Traffic authorities. Transit development boards. Transit districts. Unified and union school districts’ public libraries. Vehicle parking districts. Water agencies. Water authorities. Water conservation districts. Water districts. Water replenishment districts. Water storage districts. Watermaster districts. Wine grape pest and disease control districts. Zones, improvement zones, or service zones of any public body. (2) Notwithstanding paragraph (1), a “public body” does not include any of the following: (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). (B) A community development commission, with respect to its exercise of the powers of a community redevelopment agency. (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. (3) “Public body” includes both of the following: (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. (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. (b) “Bonds” 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. (c) “Hereafter” means any time subsequent to the effective date of this act. (d) “Heretofore” means any time prior to the effective date of this act. (e) “Now” means the effective date of this act. SEC. 3. All 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. SEC. 4. The 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. SEC. 5. All 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. SEC. 6. (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. (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. SEC. 7. (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. (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. (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. (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. (e) This act shall not operate to authorize, confirm, validate, or legalize a contract between any public body and the United States. SEC. 8. Any 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. SEC. 9. Nothing 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. SEC. 10. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order 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.

This bill would enact the First Validating Act of 2016, which would validate the organization, boundaries, acts, proceedings, and bonds of the state and counties, cities, and specified districts, agencies, and entities. This bill would declare that it is to take effect immediately as an urgency statute.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. This act shall be known, and may be cited, as the First Validating Act of 2016. SEC. 2. As used in this act: (a) “Public body” means all of the following: (1) The state and all departments, agencies, boards, commissions, and authorities of the state. Except as provided in paragraph (2), “public body” 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: Agencies, 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). Air pollution control districts of any kind. Air quality management districts. Airport districts. Assessment districts, benefit assessment districts, and special assessment districts of any public body. Bridge and highway districts. California water districts. Citrus pest control districts. City maintenance districts. Community college districts. Community 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’s authority to act as a community redevelopment agency. Community facilities districts. Community rehabilitation districts. Community revitalization and investment authorities. Community services districts. Conservancy districts. Cotton pest abatement districts. County boards of education. County drainage districts. County flood control and water districts. County free library systems. County maintenance districts. County sanitation districts. County service areas. County transportation commissions. County water agencies. County water authorities. County water districts. County waterworks districts. Department of Water Resources and other agencies acting pursuant to Part 3 (commencing with Section 11100) of Division 6 of the Water Code. Distribution districts of any public body. Drainage districts. Enhanced infrastructure financing districts. Fire protection districts. Flood control and water conservation districts. Flood control districts. Garbage and refuse disposal districts. Garbage disposal districts. Geologic hazard abatement districts. Harbor districts. Harbor improvement districts. Harbor, recreation, and conservation districts. Health care authorities. Highway districts. Highway interchange districts. Highway lighting districts. Housing authorities. Improvement districts or improvement areas of any public body. Industrial development authorities. Infrastructure financing districts. Integrated financing districts. Irrigation districts. Joint highway districts. Levee districts. Library districts. Library districts in unincorporated towns and villages. Local agency formation commissions. Local health care districts. Local health districts. Local hospital districts. Local transportation authorities or commissions. Maintenance districts. Memorial districts. Metropolitan transportation commissions. Metropolitan water districts. Mosquito abatement and vector control districts. Multifamily improvement districts. Municipal improvement districts. Municipal utility districts. Municipal water districts. Nonprofit corporations. Nonprofit public benefit corporations. Open-space maintenance districts. Parking and business improvement areas. Parking authorities. Parking districts. Permanent road divisions. Pest abatement districts. Police protection districts. Port districts. Property and business improvement areas. Protection districts. Public cemetery districts. Public utility districts. Rapid transit districts. Reclamation districts. Recreation and park districts. Regional justice facility financing agencies. Regional park and open-space districts. Regional planning districts. Regional transportation commissions. Resort improvement districts. Resource conservation districts. River port districts. Road maintenance districts. Sanitary districts. School districts of any kind or class. School facilities improvement districts. Separation of grade districts. Service authorities for freeway emergencies. Sewer districts. Sewer maintenance districts. Small craft harbor districts. Special municipal tax districts. Stone and pome fruit pest control districts. Storm drain maintenance districts. Storm drainage districts. Storm drainage maintenance districts. Storm water districts. Toll tunnel authorities. Traffic authorities. Transit development boards. Transit districts. Unified and union school districts’ public libraries. Vehicle parking districts. Water agencies. Water authorities. Water conservation districts. Water districts. Water replenishment districts. Water storage districts. Watermaster districts. Wine grape pest and disease control districts. Zones, improvement zones, or service zones of any public body. (2) Notwithstanding paragraph (1), a “public body” does not include any of the following: (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). (B) A community development commission, with respect to its exercise of the powers of a community redevelopment agency. (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. (3) “Public body” includes both of the following: (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. (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. (b) “Bonds” 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. (c) “Hereafter” means any time subsequent to the effective date of this act. (d) “Heretofore” means any time prior to the effective date of this act. (e) “Now” means the effective date of this act. SEC. 3. All 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. SEC. 4. The 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. SEC. 5. All 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. SEC. 6. (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. (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. SEC. 7. (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. (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. (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. (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. (e) This act shall not operate to authorize, confirm, validate, or legalize a contract between any public body and the United States. SEC. 8. Any 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. SEC. 9. Nothing 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. SEC. 10. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order 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. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. This act shall be known, and may be cited, as the Second Validating Act of 2016. SEC. 2. As used in this act: (a) “Public body” means all of the following: (1) The state and all departments, agencies, boards, commissions, and authorities of the state. Except as provided in paragraph (2), “public body” 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: Agencies, 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). Air pollution control districts of any kind. Air quality management districts. Airport districts. Assessment districts, benefit assessment districts, and special assessment districts of any public body. Bridge and highway districts. California water districts. Citrus pest control districts. City maintenance districts. Community college districts. Community 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’s authority to act as a community redevelopment agency. Community facilities districts. Community rehabilitation districts. Community revitalization and investment authorities. Community services districts. Conservancy districts. Cotton pest abatement districts. County boards of education. County drainage districts. County flood control and water districts. County free library systems. County maintenance districts. County sanitation districts. County service areas. County transportation commissions. County water agencies. County water authorities. County water districts. County waterworks districts. Department of Water Resources and other agencies acting pursuant to Part 3 (commencing with Section 11100) of Division 6 of the Water Code. Distribution districts of any public body. Drainage districts. Enhanced infrastructure financing districts. Fire protection districts. Flood control and water conservation districts. Flood control districts. Garbage and refuse disposal districts. Garbage disposal districts. Geologic hazard abatement districts. Harbor districts. Harbor improvement districts. Harbor, recreation, and conservation districts. Health care authorities. Highway districts. Highway interchange districts. Highway lighting districts. Housing authorities. Improvement districts or improvement areas of any public body. Industrial development authorities. Infrastructure financing districts. Integrated financing districts. Irrigation districts. Joint highway districts. Levee districts. Library districts. Library districts in unincorporated towns and villages. Local agency formation commissions. Local health care districts. Local health districts. Local hospital districts. Local transportation authorities or commissions. Maintenance districts. Memorial districts. Metropolitan transportation commissions. Metropolitan water districts. Mosquito abatement and vector control districts. Multifamily improvement districts. Municipal improvement districts. Municipal utility districts. Municipal water districts. Nonprofit corporations. Nonprofit public benefit corporations. Open-space maintenance districts. Parking and business improvement areas. Parking authorities. Parking districts. Permanent road divisions. Pest abatement districts. Police protection districts. Port districts. Property and business improvement areas. Protection districts. Public cemetery districts. Public utility districts. Rapid transit districts. Reclamation districts. Recreation and park districts. Regional justice facility financing agencies. Regional park and open-space districts. Regional planning districts. Regional transportation commissions. Resort improvement districts. Resource conservation districts. River port districts. Road maintenance districts. Sanitary districts. School districts of any kind or class. School facilities improvement districts. Separation of grade districts. Service authorities for freeway emergencies. Sewer districts. Sewer maintenance districts. Small craft harbor districts. Special municipal tax districts. Stone and pome fruit pest control districts. Storm drain maintenance districts. Storm drainage districts. Storm drainage maintenance districts. Storm water districts. Toll tunnel authorities. Traffic authorities. Transit development boards. Transit districts. Unified and union school districts’ public libraries. Vehicle parking districts. Water agencies. Water authorities. Water conservation districts. Water districts. Water replenishment districts. Water storage districts. Watermaster districts. Wine grape pest and disease control districts. Zones, improvement zones, or service zones of any public body. (2) Notwithstanding paragraph (1), a “public body” does not include any of the following: (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). (B) A community development commission, with respect to its exercise of the powers of a community redevelopment agency. (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. (3) “Public body” includes both of the following: (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. (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. (b) “Bonds” 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. (c) “Hereafter” means any time subsequent to the effective date of this act. (d) “Heretofore” means any time prior to the effective date of this act. (e) “Now” means the effective date of this act. SEC. 3. All 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. SEC. 4. The 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. SEC. 5. All 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. SEC. 6. (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. (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. SEC. 7. (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. (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. (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. (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. (e) This act shall not operate to authorize, confirm, validate, or legalize a contract between any public body and the United States. SEC. 8. Any 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. SEC. 9. Nothing 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. SEC. 10. This act shall become operative on September 1, 2016. SEC. 11. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order 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.

This bill would enact the Second Validating Act of 2016, which would validate the organization, boundaries, acts, proceedings, and bonds of the state and counties, cities, and specified districts, agencies, and entities. This bill would declare that it is to take effect immediately as an urgency statute, but would become operative on a specified date.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. This act shall be known, and may be cited, as the Second Validating Act of 2016. SEC. 2. As used in this act: (a) “Public body” means all of the following: (1) The state and all departments, agencies, boards, commissions, and authorities of the state. Except as provided in paragraph (2), “public body” 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: Agencies, 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). Air pollution control districts of any kind. Air quality management districts. Airport districts. Assessment districts, benefit assessment districts, and special assessment districts of any public body. Bridge and highway districts. California water districts. Citrus pest control districts. City maintenance districts. Community college districts. Community 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’s authority to act as a community redevelopment agency. Community facilities districts. Community rehabilitation districts. Community revitalization and investment authorities. Community services districts. Conservancy districts. Cotton pest abatement districts. County boards of education. County drainage districts. County flood control and water districts. County free library systems. County maintenance districts. County sanitation districts. County service areas. County transportation commissions. County water agencies. County water authorities. County water districts. County waterworks districts. Department of Water Resources and other agencies acting pursuant to Part 3 (commencing with Section 11100) of Division 6 of the Water Code. Distribution districts of any public body. Drainage districts. Enhanced infrastructure financing districts. Fire protection districts. Flood control and water conservation districts. Flood control districts. Garbage and refuse disposal districts. Garbage disposal districts. Geologic hazard abatement districts. Harbor districts. Harbor improvement districts. Harbor, recreation, and conservation districts. Health care authorities. Highway districts. Highway interchange districts. Highway lighting districts. Housing authorities. Improvement districts or improvement areas of any public body. Industrial development authorities. Infrastructure financing districts. Integrated financing districts. Irrigation districts. Joint highway districts. Levee districts. Library districts. Library districts in unincorporated towns and villages. Local agency formation commissions. Local health care districts. Local health districts. Local hospital districts. Local transportation authorities or commissions. Maintenance districts. Memorial districts. Metropolitan transportation commissions. Metropolitan water districts. Mosquito abatement and vector control districts. Multifamily improvement districts. Municipal improvement districts. Municipal utility districts. Municipal water districts. Nonprofit corporations. Nonprofit public benefit corporations. Open-space maintenance districts. Parking and business improvement areas. Parking authorities. Parking districts. Permanent road divisions. Pest abatement districts. Police protection districts. Port districts. Property and business improvement areas. Protection districts. Public cemetery districts. Public utility districts. Rapid transit districts. Reclamation districts. Recreation and park districts. Regional justice facility financing agencies. Regional park and open-space districts. Regional planning districts. Regional transportation commissions. Resort improvement districts. Resource conservation districts. River port districts. Road maintenance districts. Sanitary districts. School districts of any kind or class. School facilities improvement districts. Separation of grade districts. Service authorities for freeway emergencies. Sewer districts. Sewer maintenance districts. Small craft harbor districts. Special municipal tax districts. Stone and pome fruit pest control districts. Storm drain maintenance districts. Storm drainage districts. Storm drainage maintenance districts. Storm water districts. Toll tunnel authorities. Traffic authorities. Transit development boards. Transit districts. Unified and union school districts’ public libraries. Vehicle parking districts. Water agencies. Water authorities. Water conservation districts. Water districts. Water replenishment districts. Water storage districts. Watermaster districts. Wine grape pest and disease control districts. Zones, improvement zones, or service zones of any public body. (2) Notwithstanding paragraph (1), a “public body” does not include any of the following: (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). (B) A community development commission, with respect to its exercise of the powers of a community redevelopment agency. (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. (3) “Public body” includes both of the following: (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. (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. (b) “Bonds” 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. (c) “Hereafter” means any time subsequent to the effective date of this act. (d) “Heretofore” means any time prior to the effective date of this act. (e) “Now” means the effective date of this act. SEC. 3. All 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. SEC. 4. The 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. SEC. 5. All 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. SEC. 6. (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. (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. SEC. 7. (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. (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. (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. (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. (e) This act shall not operate to authorize, confirm, validate, or legalize a contract between any public body and the United States. SEC. 8. Any 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. SEC. 9. Nothing 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. SEC. 10. This act shall become operative on September 1, 2016. SEC. 11. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order 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. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. This act shall be known, and may be cited, as the Third Validating Act of 2016. SEC. 2. As used in this act: (a) “Public body” means all of the following: (1) The state and all departments, agencies, boards, commissions, and authorities of the state. Except as provided in paragraph (2), “public body” 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: Agencies, 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). Air pollution control districts of any kind. Air quality management districts. Airport districts. Assessment districts, benefit assessment districts, and special assessment districts of any public body. Bridge and highway districts. California water districts. Citrus pest control districts. City maintenance districts. Community college districts. Community 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’s authority to act as a community redevelopment agency. Community facilities districts. Community rehabilitation districts. Community revitalization and investment authorities. Community services districts. Conservancy districts. Cotton pest abatement districts. County boards of education. County drainage districts. County flood control and water districts. County free library systems. County maintenance districts. County sanitation districts. County service areas. County transportation commissions. County water agencies. County water authorities. County water districts. County waterworks districts. Department of Water Resources and other agencies acting pursuant to Part 3 (commencing with Section 11100) of Division 6 of the Water Code. Distribution districts of any public body. Drainage districts. Enhanced infrastructure financing districts. Fire protection districts. Flood control and water conservation districts. Flood control districts. Garbage and refuse disposal districts. Garbage disposal districts. Geologic hazard abatement districts. Harbor districts. Harbor improvement districts. Harbor, recreation, and conservation districts. Health care authorities. Highway districts. Highway interchange districts. Highway lighting districts. Housing authorities. Improvement districts or improvement areas of any public body. Industrial development authorities. Infrastructure financing districts. Integrated financing districts. Irrigation districts. Joint highway districts. Levee districts. Library districts. Library districts in unincorporated towns and villages. Local agency formation commissions. Local health care districts. Local health districts. Local hospital districts. Local transportation authorities or commissions. Maintenance districts. Memorial districts. Metropolitan transportation commissions. Metropolitan water districts. Mosquito abatement and vector control districts. Multifamily improvement districts. Municipal improvement districts. Municipal utility districts. Municipal water districts. Nonprofit corporations. Nonprofit public benefit corporations. Open-space maintenance districts. Parking and business improvement areas. Parking authorities. Parking districts. Permanent road divisions. Pest abatement districts. Police protection districts. Port districts. Property and business improvement areas. Protection districts. Public cemetery districts. Public utility districts. Rapid transit districts. Reclamation districts. Recreation and park districts. Regional justice facility financing agencies. Regional park and open-space districts. Regional planning districts. Regional transportation commissions. Resort improvement districts. Resource conservation districts. River port districts. Road maintenance districts. Sanitary districts. School districts of any kind or class. School facilities improvement districts. Separation of grade districts. Service authorities for freeway emergencies. Sewer districts. Sewer maintenance districts. Small craft harbor districts. Special municipal tax districts. Stone and pome fruit pest control districts. Storm drain maintenance districts. Storm drainage districts. Storm drainage maintenance districts. Storm water districts. Toll tunnel authorities. Traffic authorities. Transit development boards. Transit districts. Unified and union school districts’ public libraries. Vehicle parking districts. Water agencies. Water authorities. Water conservation districts. Water districts. Water replenishment districts. Water storage districts. Watermaster districts. Wine grape pest and disease control districts. Zones, improvement zones, or service zones of any public body. (2) Notwithstanding paragraph (1), a “public body” does not include any of the following: (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). (B) A community development commission, with respect to its exercise of the powers of a community redevelopment agency. (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. (3) “Public body” includes both of the following: (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. (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. (b) “Bonds” 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. (c) “Hereafter” means any time subsequent to the effective date of this act. (d) “Heretofore” means any time prior to the effective date of this act. (e) “Now” means the effective date of this act. SEC. 3. All 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. SEC. 4. The 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. SEC. 5. All 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. SEC. 6. (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. (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. SEC. 7. (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. (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. (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. (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. (e) This act shall not operate to authorize, confirm, validate, or legalize a contract between any public body and the United States. SEC. 8. Any 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. SEC. 9. Nothing 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.

This bill would enact the Third Validating Act of 2016, which would validate the organization, boundaries, acts, proceedings, and bonds of the state and counties, cities, and specified districts, agencies, and entities.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. This act shall be known, and may be cited, as the Third Validating Act of 2016. SEC. 2. As used in this act: (a) “Public body” means all of the following: (1) The state and all departments, agencies, boards, commissions, and authorities of the state. Except as provided in paragraph (2), “public body” 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: Agencies, 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). Air pollution control districts of any kind. Air quality management districts. Airport districts. Assessment districts, benefit assessment districts, and special assessment districts of any public body. Bridge and highway districts. California water districts. Citrus pest control districts. City maintenance districts. Community college districts. Community 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’s authority to act as a community redevelopment agency. Community facilities districts. Community rehabilitation districts. Community revitalization and investment authorities. Community services districts. Conservancy districts. Cotton pest abatement districts. County boards of education. County drainage districts. County flood control and water districts. County free library systems. County maintenance districts. County sanitation districts. County service areas. County transportation commissions. County water agencies. County water authorities. County water districts. County waterworks districts. Department of Water Resources and other agencies acting pursuant to Part 3 (commencing with Section 11100) of Division 6 of the Water Code. Distribution districts of any public body. Drainage districts. Enhanced infrastructure financing districts. Fire protection districts. Flood control and water conservation districts. Flood control districts. Garbage and refuse disposal districts. Garbage disposal districts. Geologic hazard abatement districts. Harbor districts. Harbor improvement districts. Harbor, recreation, and conservation districts. Health care authorities. Highway districts. Highway interchange districts. Highway lighting districts. Housing authorities. Improvement districts or improvement areas of any public body. Industrial development authorities. Infrastructure financing districts. Integrated financing districts. Irrigation districts. Joint highway districts. Levee districts. Library districts. Library districts in unincorporated towns and villages. Local agency formation commissions. Local health care districts. Local health districts. Local hospital districts. Local transportation authorities or commissions. Maintenance districts. Memorial districts. Metropolitan transportation commissions. Metropolitan water districts. Mosquito abatement and vector control districts. Multifamily improvement districts. Municipal improvement districts. Municipal utility districts. Municipal water districts. Nonprofit corporations. Nonprofit public benefit corporations. Open-space maintenance districts. Parking and business improvement areas. Parking authorities. Parking districts. Permanent road divisions. Pest abatement districts. Police protection districts. Port districts. Property and business improvement areas. Protection districts. Public cemetery districts. Public utility districts. Rapid transit districts. Reclamation districts. Recreation and park districts. Regional justice facility financing agencies. Regional park and open-space districts. Regional planning districts. Regional transportation commissions. Resort improvement districts. Resource conservation districts. River port districts. Road maintenance districts. Sanitary districts. School districts of any kind or class. School facilities improvement districts. Separation of grade districts. Service authorities for freeway emergencies. Sewer districts. Sewer maintenance districts. Small craft harbor districts. Special municipal tax districts. Stone and pome fruit pest control districts. Storm drain maintenance districts. Storm drainage districts. Storm drainage maintenance districts. Storm water districts. Toll tunnel authorities. Traffic authorities. Transit development boards. Transit districts. Unified and union school districts’ public libraries. Vehicle parking districts. Water agencies. Water authorities. Water conservation districts. Water districts. Water replenishment districts. Water storage districts. Watermaster districts. Wine grape pest and disease control districts. Zones, improvement zones, or service zones of any public body. (2) Notwithstanding paragraph (1), a “public body” does not include any of the following: (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). (B) A community development commission, with respect to its exercise of the powers of a community redevelopment agency. (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. (3) “Public body” includes both of the following: (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. (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. (b) “Bonds” 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. (c) “Hereafter” means any time subsequent to the effective date of this act. (d) “Heretofore” means any time prior to the effective date of this act. (e) “Now” means the effective date of this act. SEC. 3. All 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. SEC. 4. The 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. SEC. 5. All 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. SEC. 6. (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. (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. SEC. 7. (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. (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. (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. (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. (e) This act shall not operate to authorize, confirm, validate, or legalize a contract between any public body and the United States. SEC. 8. Any 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. SEC. 9. Nothing 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. ### Summary: This act shall be known, and may be cited, as the Third Validating Act of 2016. SEC. 2. As

The people of the State of California do enact as follows: SECTION 1. Section 32132.9 is added to the Health and Safety Code, to read: 32132.9. (a) Notwithstanding Section 32132 or any other law, upon approval by the board of directors of the Beach Cities Health District, the design-build process described in Chapter 4 (commencing with Section 22160) of Part 3 of Division 2 of the Public Contract Code may be used to assign contracts for the construction of facilities or other buildings in that district. (b) For purposes of this section, all references in Chapter 4 (commencing with Section 22160) of Part 3 of Division 2 of the Public Contract Code to “local agency” shall mean the Beach Cities Health District and its board of directors. (c) To the extent that any project utilizing the design-build process authorized by subdivision (a) is otherwise required to comply with the standards and requirements of the Alfred E. Alquist Hospital Facilities Seismic Safety Act of 1983 (Chapter 1 (commencing with Section 129675) of Part 7 of Division 107), this section shall not be construed as an exemption from that act. (d) This section shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date. SEC. 2. Section 32132.95 is added to the Health and Safety Code, to read: 32132.95. (a) Notwithstanding Section 32132 or any other law, upon approval by the board of directors of the Peninsula Health Care District, the design-build process described in Chapter 4 (commencing with Section 22160) of Part 3 of Division 2 of the Public Contract Code may be used to assign contracts for the construction of facilities or other buildings in that district. (b) For purposes of this section, all references in Chapter 4 (commencing with Section 22160) of Part 3 of Division 2 of the Public Contract Code to “local agency” shall mean the Peninsula Health Care District and its board of directors. (c) To the extent that any project utilizing the design-build process authorized by subdivision (a) is otherwise required to comply with the standards and requirements of the Alfred E. Alquist Hospital Facilities Seismic Safety Act of 1983 (Chapter 1 (commencing with Section 129675) of Part 7 of Division 107), this section shall not be construed as an exemption from that act. (d) This section shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date. SEC. 3. The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances relating to the Beach Cities Health District and the Peninsula Health Care District. SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. SEC. 5. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order for the Beach Cities Health District and the Peninsula Health Care District to facilitate construction of facilities or other buildings in those districts at the earliest possible time pursuant to design-build authority, and to ensure the expedient provision of health care services in those districts at the earliest possible time, it is necessary that this act take immediate effect. SECTION 1. The Legislature finds and declares all of the following: (a)The overuse and misuse of antibiotics can lead to the development of antibiotic-resistant infections, a major public health threat. (b)The federal Centers for Disease Control and Prevention (CDC) estimates that at least 2,000,000 Americans are infected with, and at least 23,000 Americans die as a result of, antibiotic-resistant infections every year, resulting in at least $20 billion in direct health care costs and at least $35 billion in lost productivity in the United States. (c)Antibiotic resistance is a growing threat. A recent study commissioned by the United Kingdom determined that by 2050, worldwide, more people will die from antibiotic-resistant infections than from cancer. (d)The overuse and misuse of antibiotics in human medicine is a significant factor driving the development of antibiotic resistance, and a majority of antibiotics are prescribed in outpatient settings, including primary care physician offices, outpatient settings where physician assistants and nurse practitioners work, dentist offices, and other specialty health care providers. (e)According to the CDC, in one year, 262.5 million courses of antibiotics are written in outpatient settings. This equates to more than five prescriptions written each year for every six people in the United States. The CDC estimates that over one-half of the antibiotics prescribed in outpatient settings are unnecessary. (f)More than 10 million courses of antibiotics are prescribed each year for viral conditions that do not benefit from antibiotics. (g)Antibiotic stewardship programs, which are already required in general acute care hospitals and skilled nursing facilities in the state, but not in outpatient settings, are an effective way to reduce inappropriate antibiotic use and the prevalence of antibiotic-resistant infections. (h)The President’s National Action Plan for Combating Antibiotic-Resistant Bacteria calls for the establishment of antibiotic stewardship activities in all health care delivery settings, including outpatient settings, by 2020. SEC. 2. The heading of Article 2.6 (commencing with Section 1645) of Chapter 4 of Division 2 of the Business and Professions Code is amended to read: 2.6. Continuing Education and Antimicrobial Stewardship SEC. 3. Section 1645.5 is added to the Business and Professions Code , to read: 1645.5. (a)For purposes of this section the following definitions apply: (1)“Antimicrobial stewardship policy” means efforts to promote the appropriate prescribing of antimicrobials for patients, with the goal of reducing antimicrobial overuse and misuse and minimizing the development of antimicrobial resistant infections, that is consistent with one of the following parameters: (A)Antimicrobial stewardship guidelines published by the federal Centers for Disease Control and Prevention, the federal Centers for Medicare and Medicaid Services, the Society for Healthcare Epidemiology of America, the Infectious Diseases Society of America, or similar recognized professional organizations. (B)Evidence-based methods. To the extent practicable, antimicrobial stewardship policies based on proven, evidence-based methods should include more than one intervention or component. (2)A “covered licensee” means a dentist who practices dentistry in a setting other than a clinic licensed pursuant to Section 1204 of the Health and Safety Code, a general acute care hospital as defined in subdivision (a) of Section 1250 of the Health and Safety Code, or a skilled nursing facility as defined in subdivision (c) of Section 1250 of the Health and Safety Code. (3)“Evidence-based methods” means antimicrobial prescribing intervention methods that have been proven effective through outcome evaluations or studies, including, but not limited to, audit and feedback, academic detailing, clinical decision support, delayed prescribing practices, poster-based interventions, accountable justification, and peer comparison. (b)A covered licensee shall adopt and implement an antimicrobial stewardship policy before applying for a renewal license. (c)Upon filing an application with the board for a renewal license, a covered licensee shall certify in writing, on a form prescribed by the board, that he or she has both adopted an antimicrobial stewardship policy pursuant to subdivision (b) and is in compliance with that policy. (d)(1)The board shall audit during each year a random sample of covered licensees who have certified compliance pursuant to subdivision (c). The board shall not audit an individual covered licensee more than once every four years. (2)A covered licensee who is selected for audit shall submit to the board, on a form prescribed by the board, a copy of his or her antimicrobial stewardship policy. (e)If the board determines that an audited covered licensee has failed to comply with subdivision (b), the board shall require that covered licensee to comply with subdivision (b) during the following renewal period. If the covered licensee fails to comply within that renewal period,that failure constitutes unprofessional conduct subject to discipline pursuant to Section 1670. SEC. 4. The heading of Article 10 (commencing with Section 2190) of Chapter 5 of Division 2 of the Business and Professions Code is amended to read: 10. Continuing Medical Education and Antimicrobial Stewardship SEC. 5. Section 2197 is added to the Business and Professions Code , to read: 2197. (a)For purposes of this section the following definitions apply: (1)“Antimicrobial stewardship policy” means efforts to promote the appropriate prescribing of antimicrobials for patients, with the goal of reducing antimicrobial overuse and misuse and minimizing the development of antimicrobial resistant infections, that is consistent with one of the following parameters: (A)Antimicrobial stewardship guidelines published by the federal Centers for Disease Control and Prevention, the federal Centers for Medicare and Medicaid Services, the Society for Healthcare Epidemiology of America, the Infectious Diseases Society of America, or similar recognized professional organizations. (B)Evidence-based methods. To the extent practicable, antimicrobial stewardship policies based on proven, evidence-based methods should include more than one intervention or component. (2)A “covered licensee” means a physician and surgeon who practices medicine in a setting other than a clinic licensed pursuant to Section 1204 of the Health and Safety Code, a general acute care hospital as defined in subdivision (a) of Section 1250 of the Health and Safety Code, or a skilled nursing facility as defined in subdivision (c) of Section 1250 of the Health and Safety Code. (3)“Evidence-based methods” means antimicrobial prescribing intervention methods that have been proven effective through outcome evaluations or studies, including, but not limited to, audit and feedback, academic detailing, clinical decision support, delayed prescribing practices, poster-based interventions, accountable justification, and peer comparison. (b)A covered licensee shall adopt and implement an antimicrobial stewardship policy before applying for a renewal license. (c)Upon filing an application with the board for a renewal license, a covered licensee shall certify in writing, on a form prescribed by the board, that he or she has both adopted an antimicrobial stewardship policy pursuant to subdivision (b) and is in compliance with that policy. (d)(1)The board shall audit during each year a random sample of covered licensees who have certified compliance pursuant to subdivision (c). The board shall not audit an individual covered licensee more than once every four years. (2)A covered licensee who is selected for audit shall submit to the board, on a form prescribed by the board, a copy of his or her antimicrobial stewardship policy. (e)If the board determines that an audited covered licensee has failed to comply with subdivision (b), the board shall require that covered licensee to comply with subdivision (b) during the following renewal period. If the covered licensee fails to comply within that renewal period, that failure constitutes unprofessional conduct subject to discipline pursuant to Section 2234. SEC. 6. Section 2454.6 is added to the Business and Professions Code , to read: 2454.6. (a)For purposes of this section the following definitions apply: (1)“Antimicrobial stewardship policy” means efforts to promote the appropriate prescribing of antimicrobials for patients, with the goal of reducing antimicrobial overuse and misuse and minimizing the development of antimicrobial resistant infections, that is consistent with one of the following parameters: (A)Antimicrobial stewardship guidelines published by the federal Centers for Disease Control and Prevention, the federal Centers for Medicare and Medicaid Services, the Society for Healthcare Epidemiology of America, the Infectious Diseases Society of America, or similar recognized professional organizations. (B)Evidence-based methods. To the extent practicable, antimicrobial stewardship policies based on proven, evidence-based methods should include more than one intervention or component. (2)A “covered licensee” means an osteopathic physician and surgeon who practices osteopathic medicine in a setting other than a clinic licensed pursuant to Section 1204 of the Health and Safety Code, a general acute care hospital as defined in subdivision (a) of Section 1250 of the Health and Safety Code, or a skilled nursing facility as defined in subdivision (c) of Section 1250 of the Health and Safety Code. (3)“Evidence-based methods” has the same meaning as in paragraph (3) of subdivision (a) of Section 2197. (b)A covered licensee shall adopt and implement an antimicrobial stewardship policy before applying for a renewal license. (c)Upon filing an application with the board for a renewal license, a covered licensee shall certify in writing, on a form prescribed by the board, that he or she has both adopted an antimicrobial stewardship policy pursuant to subdivision (b) and is in compliance with that policy. (d)(1)The board shall audit during each year a random sample of covered licensees who have certified compliance pursuant to subdivision (c). The board shall not audit an individual covered licensee more than once every four years. (2)A covered licensee who is selected for audit shall submit to the board, on a form prescribed by the board, a copy of his or her antimicrobial stewardship policy. (e)If the board determines that an audited covered licensee has failed to comply with subdivision (b), the board shall require that licensee to comply with subdivision (b) during the following renewal period. If the covered licensee fails to comply within that renewal period, that failure constitutes unprofessional conduct subject to discipline pursuant to Section 2234. SEC. 7. Section 2496.5 is added to the Business and Professions Code , to read: 2496.5. (a)For purposes of this section the following definitions apply: (1)“Antimicrobial stewardship policy” means efforts to promote the appropriate prescribing of antimicrobials for patients, with the goal of reducing antimicrobial overuse and misuse and minimizing the development of antimicrobial resistant infections, that is consistent with one of the following parameters: (A)Antimicrobial stewardship guidelines published by the federal Centers for Disease Control and Prevention, the federal Centers for Medicare and Medicaid Services, the Society for Healthcare Epidemiology of America, the Infectious Diseases Society of America, or similar recognized professional organizations. (B)Evidence-based methods. To the extent practicable, antimicrobial stewardship policies based on proven, evidence-based methods should include more than one intervention or component. (2)A “covered licensee” means a podiatrist who practices podiatric medicine in a setting other than a clinic licensed pursuant to Section 1204 of the Health and Safety Code, a general acute care hospital as defined in subdivision (a) of Section 1250 of the Health and Safety Code, or a skilled nursing facility as defined in subdivision (c) of Section 1250 of the Health and Safety Code. (3)“Evidence-based methods” has the same meaning as in paragraph (3) of subdivision (a) of Section 2197. (b)A covered licensee shall adopt and implement an antimicrobial stewardship policy before applying for a renewal license. (c)Upon filing an application with the board for a renewal license, a covered licensee shall certify in writing, on a form prescribed by the board, that he or she has both adopted an antimicrobial stewardship policy pursuant to subdivision (b) and is in compliance with that policy. (d)(1)The board shall audit during each year a random sample of covered licensees who have certified compliance pursuant to subdivision (c). The board shall not audit an individual covered licensee more than once every four years. (2)A covered licensee who is selected for audit shall submit to the board, on a form prescribed by the board, a copy of his or her antimicrobial stewardship policy. (e)If the board determines that an audited covered licensee has failed to comply with subdivision (b), the board shall require that licensee to comply with subdivision (b) during the following renewal period. If the covered licensee fails to comply within that renewal period, that failure constitutes unprofessional conduct subject to discipline pursuant to Section 2234. SEC. 8. Article 2.7 (commencing with Section 1223) is added to Chapter 1 of Division 2 of the Health and Safety Code , to read: 2.7. Antimicrobial Stewardship Guidelines 1223. (a)For purposes of this article the following definitions apply. (1)“Antimicrobial stewardship policy” means efforts to promote the appropriate prescribing of antimicrobials for patients, with the goal of reducing antimicrobial overuse and misuse and minimizing the development of antimicrobial resistant infections. (2)“Evidence-based methods” means antimicrobial prescribing intervention methods that have been proven effective through outcome evaluations or studies, including, but not limited to, audit and feedback, academic detailing, clinical decision support, delayed prescribing practices, poster-based interventions, accountable justification, and peer comparison. (b)On or before January 1, 2018, a primary care clinic or specialty clinic, licensed pursuant to Section 1204, shall adopt and implement an antimicrobial stewardship policy that is consistent with one of the following parameters: (1)Antimicrobial stewardship guidelines published by the federal Centers for Disease Control and Prevention, the federal Centers for Medicare and Medicaid Services, the Society for Healthcare Epidemiology of America, the Infectious Diseases Society of America, or similar recognized professional organizations. (2)Evidence-based methods. To the extent practicable, antimicrobial stewardship policies based on proven, evidence-based methods should include more than one intervention or component. SEC. 9. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

Existing law authorizes certain health care districts to use the design-build process when contracting for the construction of a building or improvements directly related to construction of a hospital or health facility building in those districts, as specified. Existing law sets forth the procurement process for design-build projects, as specified, and requires specified information submitted by design-build entities to be certified under penalty of perjury. This bill would authorize, until January 1, 2022, the Beach Cities Health District and the Peninsula Health Care District to use the design-build process for the construction of facilities or other buildings in those districts, as specified. Because the bill would expand the application of the procurement process to additional design-build entities, the bill would expand the crime of perjury, thereby imposing a state-mandated local program. This bill would make legislative findings and declarations as to the necessity of a special statute for the Beach Cities Health District and the Peninsula Health Care District. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. This bill would declare that it is to take effect immediately as an urgency statute. (1)Under the existing Dental Practice Act, the Dental Board of California licenses and regulates the practice of dentistry. The act provides that an applicant may obtain an initial 2-year license to practice dentistry and a 2-year renewal license. The act also makes certain conduct unprofessional conduct and authorizes the board to revoke or suspend a license or reprimand or place on probation a dentist for that unprofessional conduct. Under the existing Medical Practice Act, the Medical Board of California, the Osteopathic Medical Board of California, and the California Board of Podiatric Medicine establish requirements pursuant to which an applicant may obtain an initial 2-year license or subsequent 2-year renewal license to practice medicine as a podiatrist, as a physician and surgeon, osteopathic medicine as an osteopathic physician and surgeon, or podiatric medicine as a podiatrist, respectively. Under existing law, the Medical Board of California is required to adopt and administer standards for the continuing education of physicians and surgeons and each year audits a random sample of physicians and surgeons who have reported compliance with those requirements and requires a noncompliant licensee to make up the deficiency during the next renewal period. Under existing law, a licensee who fails to so comply is ineligible for a subsequent renewal license until he or she documents compliance to the board. Existing law provides for similar continuing education requirements as a condition of obtaining a renewal license to practice osteopathic medicine and podiatric medicine. The act authorizes these boards to discipline a licensee for specified unprofessional conduct. This bill would require a “covered licensee,” defined as a dentist, physician and surgeon, osteopathic physician and surgeon, or person licensed to practice podiatric medicine, who practices in a setting other than a clinic, general acute care hospital, or skilled nursing facility, to adopt and implement an antimicrobial stewardship policy consistent with specified guidelines or methods of intervention, as defined, before applying for a renewal license and, upon applying for a renewal license, to certify in writing, on a form prescribed by the respective licensing board, that he or she has both adopted an antimicrobial stewardship policy and is in compliance with that policy. The bill would require those licensing boards to audit, during each year, a random sample of covered licensees who have certified compliance with these requirements and would limit the audit of an individual covered licensee to once every 4 years. The bill would require a covered licensee who is selected for audit to submit to the board, on a form prescribed by the board, a copy of his or her antimicrobial stewardship policy. The bill would require the respective licensing board, that determines that its audited covered licensee has failed to comply with these requirements, to require that covered licensee to comply with these requirements during the following renewal period. The bill would provide that the failure of a covered licensee to comply with those requirements during the renewal period constitutes unprofessional conduct. (2)Under existing law, health facilities, including, among others, general acute care hospitals, skilled nursing facilities, primary care clinics, and specialty clinics, are licensed and regulated by the State Department of Public Health, and a violation of those provisions is a crime. Existing law requires that each general acute care hospital, on or before July 1, 2015, adopt and implement an antimicrobial stewardship policy in accordance with guidelines established by the federal government and professional organizations that includes a process to evaluate the judicious use of antibiotics, as specified. Existing law requires each skilled nursing facility, on or before January 1, 2017, to adopt and implement an antimicrobial stewardship policy consistent with guidelines developed by the federal Centers for Disease Control and Prevention and other specified entities. This bill would, beginning January 1, 2018, require a clinic to adopt and implement an antimicrobial stewardship policy consistent with specified guidelines or methods of intervention, as defined. Because this bill would create new crimes, the bill would impose a state-mandated local program. (3)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 32132.9 is added to the Health and Safety Code, to read: 32132.9. (a) Notwithstanding Section 32132 or any other law, upon approval by the board of directors of the Beach Cities Health District, the design-build process described in Chapter 4 (commencing with Section 22160) of Part 3 of Division 2 of the Public Contract Code may be used to assign contracts for the construction of facilities or other buildings in that district. (b) For purposes of this section, all references in Chapter 4 (commencing with Section 22160) of Part 3 of Division 2 of the Public Contract Code to “local agency” shall mean the Beach Cities Health District and its board of directors. (c) To the extent that any project utilizing the design-build process authorized by subdivision (a) is otherwise required to comply with the standards and requirements of the Alfred E. Alquist Hospital Facilities Seismic Safety Act of 1983 (Chapter 1 (commencing with Section 129675) of Part 7 of Division 107), this section shall not be construed as an exemption from that act. (d) This section shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date. SEC. 2. Section 32132.95 is added to the Health and Safety Code, to read: 32132.95. (a) Notwithstanding Section 32132 or any other law, upon approval by the board of directors of the Peninsula Health Care District, the design-build process described in Chapter 4 (commencing with Section 22160) of Part 3 of Division 2 of the Public Contract Code may be used to assign contracts for the construction of facilities or other buildings in that district. (b) For purposes of this section, all references in Chapter 4 (commencing with Section 22160) of Part 3 of Division 2 of the Public Contract Code to “local agency” shall mean the Peninsula Health Care District and its board of directors. (c) To the extent that any project utilizing the design-build process authorized by subdivision (a) is otherwise required to comply with the standards and requirements of the Alfred E. Alquist Hospital Facilities Seismic Safety Act of 1983 (Chapter 1 (commencing with Section 129675) of Part 7 of Division 107), this section shall not be construed as an exemption from that act. (d) This section shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date. SEC. 3. The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances relating to the Beach Cities Health District and the Peninsula Health Care District. SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. SEC. 5. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order for the Beach Cities Health District and the Peninsula Health Care District to facilitate construction of facilities or other buildings in those districts at the earliest possible time pursuant to design-build authority, and to ensure the expedient provision of health care services in those districts at the earliest possible time, it is necessary that this act take immediate effect. SECTION 1. The Legislature finds and declares all of the following: (a)The overuse and misuse of antibiotics can lead to the development of antibiotic-resistant infections, a major public health threat. (b)The federal Centers for Disease Control and Prevention (CDC) estimates that at least 2,000,000 Americans are infected with, and at least 23,000 Americans die as a result of, antibiotic-resistant infections every year, resulting in at least $20 billion in direct health care costs and at least $35 billion in lost productivity in the United States. (c)Antibiotic resistance is a growing threat. A recent study commissioned by the United Kingdom determined that by 2050, worldwide, more people will die from antibiotic-resistant infections than from cancer. (d)The overuse and misuse of antibiotics in human medicine is a significant factor driving the development of antibiotic resistance, and a majority of antibiotics are prescribed in outpatient settings, including primary care physician offices, outpatient settings where physician assistants and nurse practitioners work, dentist offices, and other specialty health care providers. (e)According to the CDC, in one year, 262.5 million courses of antibiotics are written in outpatient settings. This equates to more than five prescriptions written each year for every six people in the United States. The CDC estimates that over one-half of the antibiotics prescribed in outpatient settings are unnecessary. (f)More than 10 million courses of antibiotics are prescribed each year for viral conditions that do not benefit from antibiotics. (g)Antibiotic stewardship programs, which are already required in general acute care hospitals and skilled nursing facilities in the state, but not in outpatient settings, are an effective way to reduce inappropriate antibiotic use and the prevalence of antibiotic-resistant infections. (h)The President’s National Action Plan for Combating Antibiotic-Resistant Bacteria calls for the establishment of antibiotic stewardship activities in all health care delivery settings, including outpatient settings, by 2020. SEC. 2. The heading of Article 2.6 (commencing with Section 1645) of Chapter 4 of Division 2 of the Business and Professions Code is amended to read: 2.6. Continuing Education and Antimicrobial Stewardship SEC. 3. Section 1645.5 is added to the Business and Professions Code , to read: 1645.5. (a)For purposes of this section the following definitions apply: (1)“Antimicrobial stewardship policy” means efforts to promote the appropriate prescribing of antimicrobials for patients, with the goal of reducing antimicrobial overuse and misuse and minimizing the development of antimicrobial resistant infections, that is consistent with one of the following parameters: (A)Antimicrobial stewardship guidelines published by the federal Centers for Disease Control and Prevention, the federal Centers for Medicare and Medicaid Services, the Society for Healthcare Epidemiology of America, the Infectious Diseases Society of America, or similar recognized professional organizations. (B)Evidence-based methods. To the extent practicable, antimicrobial stewardship policies based on proven, evidence-based methods should include more than one intervention or component. (2)A “covered licensee” means a dentist who practices dentistry in a setting other than a clinic licensed pursuant to Section 1204 of the Health and Safety Code, a general acute care hospital as defined in subdivision (a) of Section 1250 of the Health and Safety Code, or a skilled nursing facility as defined in subdivision (c) of Section 1250 of the Health and Safety Code. (3)“Evidence-based methods” means antimicrobial prescribing intervention methods that have been proven effective through outcome evaluations or studies, including, but not limited to, audit and feedback, academic detailing, clinical decision support, delayed prescribing practices, poster-based interventions, accountable justification, and peer comparison. (b)A covered licensee shall adopt and implement an antimicrobial stewardship policy before applying for a renewal license. (c)Upon filing an application with the board for a renewal license, a covered licensee shall certify in writing, on a form prescribed by the board, that he or she has both adopted an antimicrobial stewardship policy pursuant to subdivision (b) and is in compliance with that policy. (d)(1)The board shall audit during each year a random sample of covered licensees who have certified compliance pursuant to subdivision (c). The board shall not audit an individual covered licensee more than once every four years. (2)A covered licensee who is selected for audit shall submit to the board, on a form prescribed by the board, a copy of his or her antimicrobial stewardship policy. (e)If the board determines that an audited covered licensee has failed to comply with subdivision (b), the board shall require that covered licensee to comply with subdivision (b) during the following renewal period. If the covered licensee fails to comply within that renewal period,that failure constitutes unprofessional conduct subject to discipline pursuant to Section 1670. SEC. 4. The heading of Article 10 (commencing with Section 2190) of Chapter 5 of Division 2 of the Business and Professions Code is amended to read: 10. Continuing Medical Education and Antimicrobial Stewardship SEC. 5. Section 2197 is added to the Business and Professions Code , to read: 2197. (a)For purposes of this section the following definitions apply: (1)“Antimicrobial stewardship policy” means efforts to promote the appropriate prescribing of antimicrobials for patients, with the goal of reducing antimicrobial overuse and misuse and minimizing the development of antimicrobial resistant infections, that is consistent with one of the following parameters: (A)Antimicrobial stewardship guidelines published by the federal Centers for Disease Control and Prevention, the federal Centers for Medicare and Medicaid Services, the Society for Healthcare Epidemiology of America, the Infectious Diseases Society of America, or similar recognized professional organizations. (B)Evidence-based methods. To the extent practicable, antimicrobial stewardship policies based on proven, evidence-based methods should include more than one intervention or component. (2)A “covered licensee” means a physician and surgeon who practices medicine in a setting other than a clinic licensed pursuant to Section 1204 of the Health and Safety Code, a general acute care hospital as defined in subdivision (a) of Section 1250 of the Health and Safety Code, or a skilled nursing facility as defined in subdivision (c) of Section 1250 of the Health and Safety Code. (3)“Evidence-based methods” means antimicrobial prescribing intervention methods that have been proven effective through outcome evaluations or studies, including, but not limited to, audit and feedback, academic detailing, clinical decision support, delayed prescribing practices, poster-based interventions, accountable justification, and peer comparison. (b)A covered licensee shall adopt and implement an antimicrobial stewardship policy before applying for a renewal license. (c)Upon filing an application with the board for a renewal license, a covered licensee shall certify in writing, on a form prescribed by the board, that he or she has both adopted an antimicrobial stewardship policy pursuant to subdivision (b) and is in compliance with that policy. (d)(1)The board shall audit during each year a random sample of covered licensees who have certified compliance pursuant to subdivision (c). The board shall not audit an individual covered licensee more than once every four years. (2)A covered licensee who is selected for audit shall submit to the board, on a form prescribed by the board, a copy of his or her antimicrobial stewardship policy. (e)If the board determines that an audited covered licensee has failed to comply with subdivision (b), the board shall require that covered licensee to comply with subdivision (b) during the following renewal period. If the covered licensee fails to comply within that renewal period, that failure constitutes unprofessional conduct subject to discipline pursuant to Section 2234. SEC. 6. Section 2454.6 is added to the Business and Professions Code , to read: 2454.6. (a)For purposes of this section the following definitions apply: (1)“Antimicrobial stewardship policy” means efforts to promote the appropriate prescribing of antimicrobials for patients, with the goal of reducing antimicrobial overuse and misuse and minimizing the development of antimicrobial resistant infections, that is consistent with one of the following parameters: (A)Antimicrobial stewardship guidelines published by the federal Centers for Disease Control and Prevention, the federal Centers for Medicare and Medicaid Services, the Society for Healthcare Epidemiology of America, the Infectious Diseases Society of America, or similar recognized professional organizations. (B)Evidence-based methods. To the extent practicable, antimicrobial stewardship policies based on proven, evidence-based methods should include more than one intervention or component. (2)A “covered licensee” means an osteopathic physician and surgeon who practices osteopathic medicine in a setting other than a clinic licensed pursuant to Section 1204 of the Health and Safety Code, a general acute care hospital as defined in subdivision (a) of Section 1250 of the Health and Safety Code, or a skilled nursing facility as defined in subdivision (c) of Section 1250 of the Health and Safety Code. (3)“Evidence-based methods” has the same meaning as in paragraph (3) of subdivision (a) of Section 2197. (b)A covered licensee shall adopt and implement an antimicrobial stewardship policy before applying for a renewal license. (c)Upon filing an application with the board for a renewal license, a covered licensee shall certify in writing, on a form prescribed by the board, that he or she has both adopted an antimicrobial stewardship policy pursuant to subdivision (b) and is in compliance with that policy. (d)(1)The board shall audit during each year a random sample of covered licensees who have certified compliance pursuant to subdivision (c). The board shall not audit an individual covered licensee more than once every four years. (2)A covered licensee who is selected for audit shall submit to the board, on a form prescribed by the board, a copy of his or her antimicrobial stewardship policy. (e)If the board determines that an audited covered licensee has failed to comply with subdivision (b), the board shall require that licensee to comply with subdivision (b) during the following renewal period. If the covered licensee fails to comply within that renewal period, that failure constitutes unprofessional conduct subject to discipline pursuant to Section 2234. SEC. 7. Section 2496.5 is added to the Business and Professions Code , to read: 2496.5. (a)For purposes of this section the following definitions apply: (1)“Antimicrobial stewardship policy” means efforts to promote the appropriate prescribing of antimicrobials for patients, with the goal of reducing antimicrobial overuse and misuse and minimizing the development of antimicrobial resistant infections, that is consistent with one of the following parameters: (A)Antimicrobial stewardship guidelines published by the federal Centers for Disease Control and Prevention, the federal Centers for Medicare and Medicaid Services, the Society for Healthcare Epidemiology of America, the Infectious Diseases Society of America, or similar recognized professional organizations. (B)Evidence-based methods. To the extent practicable, antimicrobial stewardship policies based on proven, evidence-based methods should include more than one intervention or component. (2)A “covered licensee” means a podiatrist who practices podiatric medicine in a setting other than a clinic licensed pursuant to Section 1204 of the Health and Safety Code, a general acute care hospital as defined in subdivision (a) of Section 1250 of the Health and Safety Code, or a skilled nursing facility as defined in subdivision (c) of Section 1250 of the Health and Safety Code. (3)“Evidence-based methods” has the same meaning as in paragraph (3) of subdivision (a) of Section 2197. (b)A covered licensee shall adopt and implement an antimicrobial stewardship policy before applying for a renewal license. (c)Upon filing an application with the board for a renewal license, a covered licensee shall certify in writing, on a form prescribed by the board, that he or she has both adopted an antimicrobial stewardship policy pursuant to subdivision (b) and is in compliance with that policy. (d)(1)The board shall audit during each year a random sample of covered licensees who have certified compliance pursuant to subdivision (c). The board shall not audit an individual covered licensee more than once every four years. (2)A covered licensee who is selected for audit shall submit to the board, on a form prescribed by the board, a copy of his or her antimicrobial stewardship policy. (e)If the board determines that an audited covered licensee has failed to comply with subdivision (b), the board shall require that licensee to comply with subdivision (b) during the following renewal period. If the covered licensee fails to comply within that renewal period, that failure constitutes unprofessional conduct subject to discipline pursuant to Section 2234. SEC. 8. Article 2.7 (commencing with Section 1223) is added to Chapter 1 of Division 2 of the Health and Safety Code , to read: 2.7. Antimicrobial Stewardship Guidelines 1223. (a)For purposes of this article the following definitions apply. (1)“Antimicrobial stewardship policy” means efforts to promote the appropriate prescribing of antimicrobials for patients, with the goal of reducing antimicrobial overuse and misuse and minimizing the development of antimicrobial resistant infections. (2)“Evidence-based methods” means antimicrobial prescribing intervention methods that have been proven effective through outcome evaluations or studies, including, but not limited to, audit and feedback, academic detailing, clinical decision support, delayed prescribing practices, poster-based interventions, accountable justification, and peer comparison. (b)On or before January 1, 2018, a primary care clinic or specialty clinic, licensed pursuant to Section 1204, shall adopt and implement an antimicrobial stewardship policy that is consistent with one of the following parameters: (1)Antimicrobial stewardship guidelines published by the federal Centers for Disease Control and Prevention, the federal Centers for Medicare and Medicaid Services, the Society for Healthcare Epidemiology of America, the Infectious Diseases Society of America, or similar recognized professional organizations. (2)Evidence-based methods. To the extent practicable, antimicrobial stewardship policies based on proven, evidence-based methods should include more than one intervention or component. SEC. 9. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. ### Summary: This bill would amend the Health and Safety Code to require the board of directors of the Beach Cities Health District and the Peninsula Health Care District to authorize the use of

The people of the State of California do enact as follows: SECTION 1. Section 1185 of the Civil Code is amended to read: 1185. (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. (b) For purposes of this section, “satisfactory evidence” 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: (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: (i) The person making the acknowledgment is the person named in the document. (ii) The person making the acknowledgment is personally known to the witness. (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. (iv) The person making the acknowledgment does not possess any of the identification documents named in paragraphs (3) and (4). (v) The witness does not have a financial interest in the document being acknowledged and is not named in the document. (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. (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. (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: (A) An identification card or driver’s license issued by the Department of Motor Vehicles. (B) A passport issued by the Department of State of the United States. (C) An inmate identification card issued by the Department of Corrections and Rehabilitation, if the inmate is in custody in prison. (D) Any form of inmate identification issued by a sheriff’s department, if the inmate is in custody in a local detention facility. (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: (A) A passport issued by a foreign government. (B) A driver’s license issued by a state other than California or by a Canadian or Mexican public agency authorized to issue driver’s licenses. (C) An identification card issued by a state other than California. (D) An identification card issued by any branch of the Armed Forces of the United States. (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. (F) An identification card issued by a federally recognized tribal government. (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. (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. (e) A person convicted of perjury under this section shall forfeit any financial interest in the document. SEC. 1.5. Section 1185 of the Civil Code is amended to read: 1185. (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. (b) For purposes of this section, “satisfactory evidence” 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: (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: (i) The person making the acknowledgment is the person named in the document. (ii) The person making the acknowledgment is personally known to the witness. (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. (iv) The person making the acknowledgment does not possess any of the identification documents named in paragraphs (3) and (4). (v) The witness does not have a financial interest in the document being acknowledged and is not named in the document. (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. (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. (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: (A) An identification card or driver’s license issued by the Department of Motor Vehicles. (B) A passport issued by the Department of State of the United States. (C) An inmate identification card issued by the Department of Corrections and Rehabilitation, if the inmate is in custody in prison. (D) Any form of inmate identification issued by a sheriff’s department, if the inmate is in custody in a local detention facility. (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: (A) A valid consular identification document issued by a consulate from the applicant’s country of citizenship, or a valid passport from the applicant’s country of citizenship. (B) A driver’s license issued by a state other than California or by a Canadian or Mexican public agency authorized to issue driver’s licenses. (C) An identification card issued by a state other than California. (D) An identification card issued by any branch of the Armed Forces of the United States. (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. (F) An identification card issued by a federally recognized tribal government. (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. (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. (e) A person convicted of perjury under this section shall forfeit any financial interest in the document. SEC. 2. Section 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.

Existing law prohibits the acknowledgment of an instrument from being 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. Under existing law, “satisfactory evidence” 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, among other things, he or she presents a specified document that is either current or issued within 5 years that contains a photograph and description of the person named on it, the signature of the person, and a serial or other identifying number, as provided. This bill would add an identification card issued by a federally recognized tribal government to the list of documents acceptable for identification purposes. This bill would also incorporate changes to Section 1185 of the Civil Code proposed by both this bill and AB 2566, which would become operative only if both bills are enacted and this bill is enacted last.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 1185 of the Civil Code is amended to read: 1185. (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. (b) For purposes of this section, “satisfactory evidence” 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: (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: (i) The person making the acknowledgment is the person named in the document. (ii) The person making the acknowledgment is personally known to the witness. (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. (iv) The person making the acknowledgment does not possess any of the identification documents named in paragraphs (3) and (4). (v) The witness does not have a financial interest in the document being acknowledged and is not named in the document. (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. (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. (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: (A) An identification card or driver’s license issued by the Department of Motor Vehicles. (B) A passport issued by the Department of State of the United States. (C) An inmate identification card issued by the Department of Corrections and Rehabilitation, if the inmate is in custody in prison. (D) Any form of inmate identification issued by a sheriff’s department, if the inmate is in custody in a local detention facility. (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: (A) A passport issued by a foreign government. (B) A driver’s license issued by a state other than California or by a Canadian or Mexican public agency authorized to issue driver’s licenses. (C) An identification card issued by a state other than California. (D) An identification card issued by any branch of the Armed Forces of the United States. (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. (F) An identification card issued by a federally recognized tribal government. (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. (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. (e) A person convicted of perjury under this section shall forfeit any financial interest in the document. SEC. 1.5. Section 1185 of the Civil Code is amended to read: 1185. (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. (b) For purposes of this section, “satisfactory evidence” 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: (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: (i) The person making the acknowledgment is the person named in the document. (ii) The person making the acknowledgment is personally known to the witness. (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. (iv) The person making the acknowledgment does not possess any of the identification documents named in paragraphs (3) and (4). (v) The witness does not have a financial interest in the document being acknowledged and is not named in the document. (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. (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. (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: (A) An identification card or driver’s license issued by the Department of Motor Vehicles. (B) A passport issued by the Department of State of the United States. (C) An inmate identification card issued by the Department of Corrections and Rehabilitation, if the inmate is in custody in prison. (D) Any form of inmate identification issued by a sheriff’s department, if the inmate is in custody in a local detention facility. (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: (A) A valid consular identification document issued by a consulate from the applicant’s country of citizenship, or a valid passport from the applicant’s country of citizenship. (B) A driver’s license issued by a state other than California or by a Canadian or Mexican public agency authorized to issue driver’s licenses. (C) An identification card issued by a state other than California. (D) An identification card issued by any branch of the Armed Forces of the United States. (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. (F) An identification card issued by a federally recognized tribal government. (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. (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. (e) A person convicted of perjury under this section shall forfeit any financial interest in the document. SEC. 2. Section 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. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 21655.1 is added to the Vehicle Code, to read: 21655.1. (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. (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. (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. SEC. 2. Section 22500 of the Vehicle Code is amended to read: 22500. A 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: (a) Within an intersection, except adjacent to curbs as may be permitted by local ordinance. (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. (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. (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. (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. (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. (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. (g) Alongside or opposite a street or highway excavation or obstruction when stopping, standing, or parking would obstruct traffic. (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. (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. (j) In a tube or tunnel, except vehicles of the authorities in charge, being used in the repair, maintenance, or inspection of the facility. (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. (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. (m) In a portion of a highway that has been designated for the exclusive use of public transit buses. SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

Existing law makes it unlawful for a person to stop or park a motor vehicle in specified places, including an area designated as a fire lane by the fire department or fire district, as specified. A violation of these provisions is an infraction. This bill would prohibit a person from operating a motor vehicle, or stopping, parking, or leaving a vehicle standing, on a portion of the highway designated for the exclusive use of public transit buses, subject to specified exceptions. Because a violation of these provisions would be a crime, this bill would impose a state-mandated local program. The bill would also require a public transit agency to place and maintain signs and traffic control devices indicating that a portion of a highway is designated for the exclusive use of public transit buses, as specified. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 21655.1 is added to the Vehicle Code, to read: 21655.1. (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. (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. (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. SEC. 2. Section 22500 of the Vehicle Code is amended to read: 22500. A 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: (a) Within an intersection, except adjacent to curbs as may be permitted by local ordinance. (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. (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. (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. (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. (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. (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. (g) Alongside or opposite a street or highway excavation or obstruction when stopping, standing, or parking would obstruct traffic. (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. (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. (j) In a tube or tunnel, except vehicles of the authorities in charge, being used in the repair, maintenance, or inspection of the facility. (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. (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. (m) In a portion of a highway that has been designated for the exclusive use of public transit buses. SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Chapter 2.55 (commencing with Section 1000.7) is added to Title 6 of Part 2 of the Penal Code, to read: CHAPTER 2.55. Deferred Entry of Judgment Pilot Program 1000.7. (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): (1) County of Alameda. (2) County of Butte. (3) County of Napa. (4) County of Nevada. (5) County of Santa Clara. (b) A defendant may participate in a deferred entry of judgment pilot program within the county’s 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: (1) Is 18 years of age or older, but under 21 years of age on the date the offense was committed. (2) Is suitable for the program after evaluation using a risk assessment tool, as described in subdivision (c). (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. (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. (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. (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. (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. (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: (1) An offense listed under subdivision (c) of Section 1192.7. (2) An offense listed under subdivision (c) of Section 667.5. (3) An offense listed under subdivision (b) of Section 707 of the Welfare and Institutions Code. (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. (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. (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). (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. (g) A defendant shall serve no longer than one year in custody within a county’s juvenile hall pursuant to the program. (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. (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. (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. (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. (l) The Board of State and Community Corrections shall review a county’s 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 “sight and sound” separation between juveniles and adult inmates. (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. (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: (A) Probation department. (B) The district attorney’s office. (C) The public defender’s office. (D) The sheriff’s department. (E) Courts located in the county. (F) The county board of supervisors. (G) The county health and human services department. (H) A youth advocacy group. (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). (2) The board shall conduct an evaluation of the pilot program’s impact and effectiveness. The evaluation shall include, but not be limited to, evaluating each pilot program’s impact on sentencing and impact on opportunities for community supervision, monitoring the program’s 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. (3) Each evaluation shall be combined into a comprehensive report and submitted to the Assembly and Senate Committees on Public Safety. (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. (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. SEC. 2. The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances in the 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.

Existing law provides that entry of judgment may be deferred with respect to a defendant who is charged with certain crimes involving possession of controlled substances, who pleads guilty to the charge or charges, and who meets certain criteria, including that he or she has no prior convictions for any offense involving controlled substances and has had no felony convictions within the 5 years prior, as specified. Existing law requires the criminal charge or charges to be dismissed if the defendant has performed satisfactorily in a specified program during the period in which deferred entry of judgment was granted. This bill would authorize specified counties to establish a pilot program to operate a deferred entry of judgment pilot program for eligible defendants. The bill would authorize a defendant to participate in the program within the county’s juvenile hall if that person is charged with committing a felony offense, except as specified, he or she pleads guilty to the charge or charges, and the probation department determines that the person meets specified requirements, including that the defendant is 18 years of age or older, but under 21 years of age on the date the offense was committed, is suitable for the program, and shows the ability to benefit from services generally reserved for delinquents. The bill would require the probation department to develop a plan for reentry services. The bill would require the court to grant deferred entry of judgment if the 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. The bill would also require the court to render a finding of guilt to the charge or charges pleaded, enter judgment, and schedule a sentencing hearing, and would require the return of the defendant to custody in a county jail 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. If the defendant has performed satisfactorily during the period in which deferred entry of judgment was granted, at the end of that period, the bill would require the court to dismiss the criminal charge or charges. The bill would require a county, prior to establishing a pilot program, to 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 bill would require the board to review and approve or deny the application of the county within 30 days of receiving notice of this proposed use. The bill would also require each county to establish a multidisciplinary team consisting of representatives of specified local entities. The team would be required to meet periodically to review and discuss the implementation, practices, and impact of the program. The bill would require the probation department to submit data relating to the effectiveness of the program to the Division of Recidivism Reduction and Re-Entry, within the Department of Justice. The bill would prohibit a defendant participating in the program from coming into contact with minors within the juvenile hall, would prohibit a defendant from serving longer than one year in custody within a county’s juvenile hall pursuant to the program, and would require the board to review a county’s pilot program to ensure compliance with the federal Juvenile Justice and Delinquency Prevention Act of 1974, as specified. The bill would require a county that establishes a pilot program pursuant to these provisions to submit data regarding the pilot program to the board, and would require the board to conduct an evaluation of the pilot program’s impact and effectiveness, as specified. The bill would require the evaluation to be combined into a comprehensive report and submitted to the Assembly and Senate Committees on Public Safety. The bill would also authorize the board to contract with an independent entity, including, but not limited to, the Regents of the University of California, to carry out these duties. The authority conferred by this bill would be repealed on January 1, 2020. This bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Alameda, Butte, Napa, Nevada, and Santa Clara.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Chapter 2.55 (commencing with Section 1000.7) is added to Title 6 of Part 2 of the Penal Code, to read: CHAPTER 2.55. Deferred Entry of Judgment Pilot Program 1000.7. (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): (1) County of Alameda. (2) County of Butte. (3) County of Napa. (4) County of Nevada. (5) County of Santa Clara. (b) A defendant may participate in a deferred entry of judgment pilot program within the county’s 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: (1) Is 18 years of age or older, but under 21 years of age on the date the offense was committed. (2) Is suitable for the program after evaluation using a risk assessment tool, as described in subdivision (c). (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. (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. (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. (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. (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. (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: (1) An offense listed under subdivision (c) of Section 1192.7. (2) An offense listed under subdivision (c) of Section 667.5. (3) An offense listed under subdivision (b) of Section 707 of the Welfare and Institutions Code. (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. (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. (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). (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. (g) A defendant shall serve no longer than one year in custody within a county’s juvenile hall pursuant to the program. (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. (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. (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. (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. (l) The Board of State and Community Corrections shall review a county’s 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 “sight and sound” separation between juveniles and adult inmates. (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. (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: (A) Probation department. (B) The district attorney’s office. (C) The public defender’s office. (D) The sheriff’s department. (E) Courts located in the county. (F) The county board of supervisors. (G) The county health and human services department. (H) A youth advocacy group. (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). (2) The board shall conduct an evaluation of the pilot program’s impact and effectiveness. The evaluation shall include, but not be limited to, evaluating each pilot program’s impact on sentencing and impact on opportunities for community supervision, monitoring the program’s 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. (3) Each evaluation shall be combined into a comprehensive report and submitted to the Assembly and Senate Committees on Public Safety. (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. (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. SEC. 2. The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances in the 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. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Title 12.2 (commencing with Section 14230) is added to Part 4 of the Penal Code, to read: TITLE 12.2. California Firearm Violence Research Act 14230. The Legislature finds and declares the following: (a) Firearm violence is a significant public health and public safety problem in California and nationwide. Nationally, rates of fatal firearm violence have remained essentially unchanged for more than a decade, as declines in homicide have been offset by increases in suicide. (b) California has been the site of some of the nation’s most infamous mass shootings, such as those at a McDonald’s in San Ysidro, at Cleveland Elementary School in Stockton, near UC Santa Barbara in Isla Vista, and most recently at the Inland Regional Center in San Bernardino. Yet public mass shootings account for less than 1 percent of firearm violence. In 2014, there were 2,939 firearm-related deaths in California, including 1,582 suicides, 1,230 homicides, 89 deaths by legal intervention, and 38 unintentional or undetermined deaths. In communities where firearm violence is a frequent occurrence, the very structure of daily life is affected. (c) Nationwide, the annual societal cost of firearm violence was estimated at two hundred twenty-nine billion dollars ($229,000,000,000) in 2012. A significant share of this burden falls on California. In 2013, the Office of Statewide Health Planning and Development noted that government-sponsored insurance programs covered nearly two-thirds of the costs of hospitalizations for firearm assaults in California, and about half one-half of the costs of hospitalizations for unintentional injuries or those resulting from deliberate self-harm. (d) California has been a leader in responding to this continuing crisis. However, although rates of fatal firearm violence in California are well below average for the 50 states, they are not low enough. (e) Too little is known about firearm violence and its prevention. This is in substantial part because too little research has been done. The need for more research and more sophisticated research has repeatedly been emphasized. Because there has been so little support for research, only a small number of trained investigators are available. (f) When confronted by other major health and social problems, California and the nation have mounted effective responses, coupling an expanded research effort with policy reform in the public’s interest. Motor vehicle accidents, cancer, heart disease, and tobacco use are all examples of the benefits of this approach. (g) Federal funding for firearm violence research through the Centers for Disease Control and Prevention has been virtually eliminated by Congress since 1996, leaving a major gap that must be filled by other sources. 14231. (a) It is the intent of the Legislature to establish a center for research into firearm-related violence. It is the intent of the Legislature that the center be administered by the University of California pursuant to the following principles: (1) Interdisciplinary work of the center shall address the following: (A) The nature of firearm violence, including individual and societal determinants of risk for involvement in firearm violence, whether as a victim or a perpetrator. (B) The individual, community, and societal consequences of firearm violence. (C) Prevention and treatment of firearm violence at the individual, community, and societal levels. (2) The center shall conduct basic, translational, and transformative research with a mission to provide the scientific evidence on which sound firearm violence prevention policies and programs can be based. Its research shall extend to firearm violence as a form of terrorism. include, but not be limited to, the effectiveness of existing laws and policies intended to reduce firearm violence, including the criminal misuse of firearms, and efforts to promote the responsible ownership and use of firearms. (3) The center shall work on a continuing basis with policymakers in the Legislature and state agencies to identify, implement, and evaluate innovative firearm violence prevention policies and programs. (4) To help ensure a long-term and successful effort to understand and prevent firearm violence, the center shall recruit and provide specialized training opportunities for new researchers, including experienced investigators in related fields who are beginning work on firearm violence, young investigators who have completed their education, postdoctoral scholars, doctoral students, and undergraduates. (5) It is the intent of the Legislature to support the center’s activities by funding the center with an appropriation to a Firearm Violence Research Center Account. The center may also seek additional federal, state, and private funds. (6) As a supplement to its own research, the center shall administer a small grants program for research on firearm violence, funded through a research account in the Firearm Violence Research Center Account. All research funds shall be awarded on the basis of scientific merit as determined by an open, competitive peer review process that assures objectivity, consistency, and high quality. All qualified investigators, regardless of institutional affiliation, shall have equal access and opportunity to compete for the funds in the research account. (7) The peer review process for the selection of grants awarded under this program shall be modeled on the process used by the National Institutes of Health in its grantmaking process. (b) It is further the intent of the Legislature that on or before December 31, 2017, and every five years thereafter, the University of California transmit programmatic, as well as financial, reports to the state, including a report on the grants made, pending grants, program accomplishments, and the future direction of the program. The report shall be submitted in compliance with Section 9795 of the Government Code. (c) Subject to the conditions and requirements established elsewhere in statute, state agencies, including including, but not limited to to, the Department of Justice, the State Department of Public Health, the State Department of Health Care Services, the Office of Statewide Health Planning and Development, and the Department of Motor Vehicles, shall provide to the center, upon proper request, the data necessary for the center to conduct its research. (d) The center and all recipients of grants supported by the research account shall provide copies of their research publications to the Legislature and to agencies supplying data used in the conduct of that research as soon as is practicable following publication. These submissions shall be submitted in compliance with Section 9795 of the Government Code. (e) Toward these ends, the Legislature requests that the Regents of the University of California establish a Firearm Violence Research Center and administer the center and grant program pursuant to to, and consistent with with, the principles and goals stated herein. 14232. This article shall apply to the University of California only to the extent that the Regents of the University of California, by resolution, make any of these provisions applicable to the university.

Existing law establishes and funds various research centers and programs in conjunction with the University of California. This bill would enact the California Firearm Violence Research Act. The bill would declare the intent of the Legislature that the Regents of the University of California establish the California Firearm Violence Research Center to research firearm-related violence. The bill would declare legislative intent regarding the principles by which the university would administer the center and award research funds, as prescribed. The bill would require the university to report, on or before December 31, 2017, and every 5 years thereafter, specified information regarding the activities of the center and information pertaining to research grants. The bill would require the center and the grant recipients to provide copies of its their research publications to the Legislature. Legislature and specified agencies. The bill would specify that its provisions would apply to the university only to the extent that the Regents, regents, by resolution, make any of the provisions of the bill applicable to the university.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Title 12.2 (commencing with Section 14230) is added to Part 4 of the Penal Code, to read: TITLE 12.2. California Firearm Violence Research Act 14230. The Legislature finds and declares the following: (a) Firearm violence is a significant public health and public safety problem in California and nationwide. Nationally, rates of fatal firearm violence have remained essentially unchanged for more than a decade, as declines in homicide have been offset by increases in suicide. (b) California has been the site of some of the nation’s most infamous mass shootings, such as those at a McDonald’s in San Ysidro, at Cleveland Elementary School in Stockton, near UC Santa Barbara in Isla Vista, and most recently at the Inland Regional Center in San Bernardino. Yet public mass shootings account for less than 1 percent of firearm violence. In 2014, there were 2,939 firearm-related deaths in California, including 1,582 suicides, 1,230 homicides, 89 deaths by legal intervention, and 38 unintentional or undetermined deaths. In communities where firearm violence is a frequent occurrence, the very structure of daily life is affected. (c) Nationwide, the annual societal cost of firearm violence was estimated at two hundred twenty-nine billion dollars ($229,000,000,000) in 2012. A significant share of this burden falls on California. In 2013, the Office of Statewide Health Planning and Development noted that government-sponsored insurance programs covered nearly two-thirds of the costs of hospitalizations for firearm assaults in California, and about half one-half of the costs of hospitalizations for unintentional injuries or those resulting from deliberate self-harm. (d) California has been a leader in responding to this continuing crisis. However, although rates of fatal firearm violence in California are well below average for the 50 states, they are not low enough. (e) Too little is known about firearm violence and its prevention. This is in substantial part because too little research has been done. The need for more research and more sophisticated research has repeatedly been emphasized. Because there has been so little support for research, only a small number of trained investigators are available. (f) When confronted by other major health and social problems, California and the nation have mounted effective responses, coupling an expanded research effort with policy reform in the public’s interest. Motor vehicle accidents, cancer, heart disease, and tobacco use are all examples of the benefits of this approach. (g) Federal funding for firearm violence research through the Centers for Disease Control and Prevention has been virtually eliminated by Congress since 1996, leaving a major gap that must be filled by other sources. 14231. (a) It is the intent of the Legislature to establish a center for research into firearm-related violence. It is the intent of the Legislature that the center be administered by the University of California pursuant to the following principles: (1) Interdisciplinary work of the center shall address the following: (A) The nature of firearm violence, including individual and societal determinants of risk for involvement in firearm violence, whether as a victim or a perpetrator. (B) The individual, community, and societal consequences of firearm violence. (C) Prevention and treatment of firearm violence at the individual, community, and societal levels. (2) The center shall conduct basic, translational, and transformative research with a mission to provide the scientific evidence on which sound firearm violence prevention policies and programs can be based. Its research shall extend to firearm violence as a form of terrorism. include, but not be limited to, the effectiveness of existing laws and policies intended to reduce firearm violence, including the criminal misuse of firearms, and efforts to promote the responsible ownership and use of firearms. (3) The center shall work on a continuing basis with policymakers in the Legislature and state agencies to identify, implement, and evaluate innovative firearm violence prevention policies and programs. (4) To help ensure a long-term and successful effort to understand and prevent firearm violence, the center shall recruit and provide specialized training opportunities for new researchers, including experienced investigators in related fields who are beginning work on firearm violence, young investigators who have completed their education, postdoctoral scholars, doctoral students, and undergraduates. (5) It is the intent of the Legislature to support the center’s activities by funding the center with an appropriation to a Firearm Violence Research Center Account. The center may also seek additional federal, state, and private funds. (6) As a supplement to its own research, the center shall administer a small grants program for research on firearm violence, funded through a research account in the Firearm Violence Research Center Account. All research funds shall be awarded on the basis of scientific merit as determined by an open, competitive peer review process that assures objectivity, consistency, and high quality. All qualified investigators, regardless of institutional affiliation, shall have equal access and opportunity to compete for the funds in the research account. (7) The peer review process for the selection of grants awarded under this program shall be modeled on the process used by the National Institutes of Health in its grantmaking process. (b) It is further the intent of the Legislature that on or before December 31, 2017, and every five years thereafter, the University of California transmit programmatic, as well as financial, reports to the state, including a report on the grants made, pending grants, program accomplishments, and the future direction of the program. The report shall be submitted in compliance with Section 9795 of the Government Code. (c) Subject to the conditions and requirements established elsewhere in statute, state agencies, including including, but not limited to to, the Department of Justice, the State Department of Public Health, the State Department of Health Care Services, the Office of Statewide Health Planning and Development, and the Department of Motor Vehicles, shall provide to the center, upon proper request, the data necessary for the center to conduct its research. (d) The center and all recipients of grants supported by the research account shall provide copies of their research publications to the Legislature and to agencies supplying data used in the conduct of that research as soon as is practicable following publication. These submissions shall be submitted in compliance with Section 9795 of the Government Code. (e) Toward these ends, the Legislature requests that the Regents of the University of California establish a Firearm Violence Research Center and administer the center and grant program pursuant to to, and consistent with with, the principles and goals stated herein. 14232. This article shall apply to the University of California only to the extent that the Regents of the University of California, by resolution, make any of these provisions applicable to the university. ### Summary: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Title 12.2

The people of the State of California do enact as follows: SECTION 1. Section 21080.25 of the Public Resources Code is amended to read: 21080.25. (a) For purposes of this section, the following definitions shall apply: (1) “Antenna support structures” means lattice towers, monopoles, and roof-mounts. (2) “Authority” means the Los Angeles Regional Interoperable Communication System Joint Powers Authority. (3) “Habitat of significant value” includes all of the following: (A) Wildlife habitat of national, statewide, or regional importance. (B) Habitat identified as candidate, fully protected, sensitive, or species of special status by a state or federal agency. (C) Habitat essential to the movement of resident or migratory wildlife. (4) “LA-RICS” 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. (5) “LMR” means a land mobile radio system. (6) “LTE” means a long-term evolution broadband mobile data system. (7) “Riparian area” 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: (A) Is an area through which surface and subsurface hydrology connect bodies of water with their adjacent uplands. (B) Is adjacent to perennial, intermittent, and ephemeral streams, lakes, or estuarine or marine shorelines. (C) Includes those portions of terrestrial ecosystems that significantly influence exchanges of energy and matter with aquatic ecosystems. (8) “Wetlands” has the same meaning as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993). (9) “Wildlife habitat” means the ecological communities upon which wild animals, birds, plants, fish, amphibians, and invertebrates depend for their conservation and protection. (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: (1) Antennas, including microwave dishes and arrays. (2) Antenna support structures. (3) Equipment enclosures. (4) Central system switch facilities. (5) Associated foundations and equipment. (c) As a condition of the exemption specified in subdivision (b), all of the following criteria shall be met at the individual project site: (1) The project site is publicly owned and already contains either of the following: (A) An antenna support structure and either of the following components: (i) Antennas. (ii) Equipment enclosures. (B) A police or sheriff station or other public facility that transmits or receives public safety radio signals, except a fire station. (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. (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. (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. (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. (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. (d) Subdivision (b) does not apply if the individual project site is located on either of the following: (1) A school site. (2) A cultural or sacred site, as described in Section 5097.9 or 5097.993. (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. (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. (f) The authority shall post on its Internet Web site all of the following, as applicable: (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.). (2) The date of filing of notices required pursuant to this division or the federal National Environmental Policy Act of 1969. (3) All notice and hearing information regarding review and approval of environmental documentation by federal agencies. (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. (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. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B 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.

The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. Existing law, until January 1, 2017, exempts from CEQA the design, site acquisition, construction, operation, or maintenance of certain structures and equipment of the Los Angeles Regional Interoperable Communications System (LA-RICS) consisting of a long-term evolution broadband mobile data system and a land mobile radio system, if certain criteria are met at the individual project site, including that the site contains either an antenna support structure, as provided, or a public facility that transmits or receives public safety radio signals. This bill would extend that exemption until January 1, 2020, and would specify that a fire station is not a public facility for purposes of determining if that exemption applies to an individual project site. The bill would provide that the exemption does not apply if the project site is located in certain areas. The bill would require the LA-RICS Joint Powers Authority to hold a public meeting before making a determination that a project is exempted, to file the notice of exemption with the Office of Planning and Research and the county clerk in the county in which the project is located, and to post certain information on its Internet Web site. Because a lead agency, which may include a local agency, would be required to determine whether a project qualifies for this exemption and to perform additional duties, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 21080.25 of the Public Resources Code is amended to read: 21080.25. (a) For purposes of this section, the following definitions shall apply: (1) “Antenna support structures” means lattice towers, monopoles, and roof-mounts. (2) “Authority” means the Los Angeles Regional Interoperable Communication System Joint Powers Authority. (3) “Habitat of significant value” includes all of the following: (A) Wildlife habitat of national, statewide, or regional importance. (B) Habitat identified as candidate, fully protected, sensitive, or species of special status by a state or federal agency. (C) Habitat essential to the movement of resident or migratory wildlife. (4) “LA-RICS” 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. (5) “LMR” means a land mobile radio system. (6) “LTE” means a long-term evolution broadband mobile data system. (7) “Riparian area” 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: (A) Is an area through which surface and subsurface hydrology connect bodies of water with their adjacent uplands. (B) Is adjacent to perennial, intermittent, and ephemeral streams, lakes, or estuarine or marine shorelines. (C) Includes those portions of terrestrial ecosystems that significantly influence exchanges of energy and matter with aquatic ecosystems. (8) “Wetlands” has the same meaning as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993). (9) “Wildlife habitat” means the ecological communities upon which wild animals, birds, plants, fish, amphibians, and invertebrates depend for their conservation and protection. (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: (1) Antennas, including microwave dishes and arrays. (2) Antenna support structures. (3) Equipment enclosures. (4) Central system switch facilities. (5) Associated foundations and equipment. (c) As a condition of the exemption specified in subdivision (b), all of the following criteria shall be met at the individual project site: (1) The project site is publicly owned and already contains either of the following: (A) An antenna support structure and either of the following components: (i) Antennas. (ii) Equipment enclosures. (B) A police or sheriff station or other public facility that transmits or receives public safety radio signals, except a fire station. (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. (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. (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. (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. (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. (d) Subdivision (b) does not apply if the individual project site is located on either of the following: (1) A school site. (2) A cultural or sacred site, as described in Section 5097.9 or 5097.993. (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. (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. (f) The authority shall post on its Internet Web site all of the following, as applicable: (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.). (2) The date of filing of notices required pursuant to this division or the federal National Environmental Policy Act of 1969. (3) All notice and hearing information regarding review and approval of environmental documentation by federal agencies. (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. (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. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B 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. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a) The Legislature passed, and the Governor signed, Senate Bill 1021 in 2012, which included direction to the Department of Corrections and Rehabilitation to create the Supportive Housing Program for Mentally Ill Parolees, pursuant to Section 3073 of the Penal Code. The program was intended to use funds budgeted for the Integrated Services for Mentally Ill Parolees (ISMIP) program to serve the purposes outlined in Senate Bill 1021. (b) Since 2012, the budget has not referred to the program by name and funds have not been used for their legislatively intended purposes. (c) It is the intent of the Legislature to strengthen the ISMIP program to ensure that the department promotes the evidence-based evidence-based, wraparound services, including rental subsidies in an amount adequate to allow mentally ill parolees experiencing homelessness or at risk of experiencing homelessness upon release from prison to obtain and maintain housing stability during and after the term of parole, thereby reducing recidivism among parolees with a history of homelessness. (d) It is the intent of the Legislature that contracts the department enters into under the ISMIP program require contractors to target resources to parolees experiencing homelessness or offenders at risk of homelessness upon release. The contracts shall emphasize housing permanency and stability over food, clothing, and drop-in or day center services and shall require contractors to use a substantial portion of the contracted payment to provide rental assistance to obtain housing that is independent and integrated into the community. (e) It is the intent of the Legislature that the Department of Corrections and Rehabilitation include the changes made in this act into contracts renewed or entered into for the ISMIP program on and after January 1, 2017. SEC. 2. Section 2985 of the Penal Code is amended to read: 2985. It is the intent of the Legislature in enacting this article to provide evidence-based, comprehensive mental health and supportive services, including housing subsidies, to parolees who suffer from mental illness and are either homeless or at risk of homelessness, in order to successfully reintegrate the parolees into the community, increase public safety, and reduce state costs of recidivism. It is further the intent of the Legislature to supplement existing parole outpatient clinic services by providing services to individuals who suffer from a severe mental illness, as defined in Section 5600.3 of the Welfare and Institutions Code, and who require services that cannot be provided by parole outpatient clinics, including services provided pursuant to Section 5806 of the Welfare and Institutions Code. SEC. 3. Section 2985.1 of the Penal Code is amended to read: 2985.1. For purposes of this article, the following definitions shall apply: (a) “Bridge rental assistance” means rental assistance paid to participating landlords while the service provider and program participant seek permanent rental assistance that allows the program participant to remain in the same housing or, when feasible, allows the program participant to incur the full responsibility of paying rent through employment or benefits entitlement once parole ends. (b) “Department” means the Department of Corrections and Rehabilitation. (c) “Fair market rent” means the rent, including the cost of utilities other than telephone, as established by the United States Department of Housing and Urban Development, for units of varying sizes, as determined by the number of bedrooms, that must be paid in the market area to rent privately owned, existing, decent, safe, and sanitary rental housing of a modest nature with suitable amenities. (d) “Homelessness” has the same meaning as in Part 91 of Title 24 of the Code of Federal Regulations. (e) “Integrated Services for Mentally Ill Parolees program” or “ISMIP program” means the program of supportive services and housing support provided by this article. (f) “Interim housing” means a temporary residence in which a program participant resides, for a period not to exceed nine months, while waiting to move into permanent housing. “Interim housing” may include housing that is paid for using motel vouchers or housing in which a program participant resides for the purpose of receiving recuperative care. (g) “Likely to become homeless upon release” or “at risk of homelessness” means the individual has a history of homelessness and he or she satisfies both of the following criteria: (1) The individual has not identified a fixed, regular, and adequate nighttime residence for release. (2) The individual’s only identified nighttime residence for release includes a supervised, publicly or privately operated shelter designed to provide temporary living accommodations, or a public or private place not designed for, or not ordinarily used as, regular sleeping accommodations for human beings. (h) “Supportive housing” has the same meaning set forth in subdivision (b) of Section 50675.14 of the Health and Safety Code, and that, in addition, is decent, safe, and affordable. SEC. 4. Section 2985.2 of the Penal Code is amended to read: 2985.2. (a) Pursuant to Section 3073, the department shall provide a supportive housing program that provides wraparound services to mentally ill parolees who are either homeless or at risk of homelessness using funding appropriated by the Legislature for the ISMIP program. (b) A service provider participating in this program shall comply with all of the following: (1) Provide services and treatment based on evidence-based practices. (2) Demonstrate that the program reduces recidivism and homelessness among program participants. (3) Have prior experience working with county or regional mental health programs. (4) Demonstrate existing relationships with a supportive housing provider. (c) (1) An inmate or parolee is eligible to participate in this program if all of the following apply: (A) He or she has a serious mental disorder as defined in Section 5600.3 of the Welfare and Institutions Code and as identified by the department, and he or she has a history of mental health treatment in the prison’s mental health services delivery system or in a parole outpatient clinic. (B) The inmate or parolee voluntarily chooses to participate. (C) Either of the following applies: (i) He or she has been assigned a date of release within 60 to 180 days and is likely to become homeless upon release. (ii) He or she is currently a homeless parolee. (2) First priority for the program shall be given to the lowest functioning offenders in prison, as identified by the department, who are likely to become homeless upon release. (d) A service provider shall exercise due diligence in providing any mental health or other contracted services pursuant to Section 2985.3 and shall notify the department of an individual’s participation in such services. A parolee is not required to receive other ISMIP services as a condition of eligibility to receive rental assistance pursuant to this article. SEC. 5. Section 2985.3 of the Penal Code is amended to read: 2985.3. (a) A service provider shall offer services, in accordance with Section 5806 of the Welfare and Institutions Code, to obtain and maintain health and housing stability while the program participant is on parole, to enable the program participant to comply with the terms of parole, and to augment mental health services provided to the program participant. The services shall be offered to a program participant in his or her home, or shall be made as easily accessible to the program participant as possible and shall include, but are not limited to, all of the following: (1) Case management services. (2) Parole discharge planning. (3) Housing location services, and, if needed, move-in cost assistance. (4) Rental subsidies that are equal to or greater than fair market rent. (5) Linkage to other services, such as vocational, educational, and employment services, as needed. (6) Benefit entitlement application and appeal assistance. (7) Transportation assistance to obtain services and health care needed. (8) Assistance obtaining appropriate identification. (b) For a program participant identified prior to release from state prison, upon the service provider’s receipt of referral and in collaboration with the parole agent and, if appropriate, staff, the intake coordinator or case manager of the service provider shall, when possible: (1) Receive all prerelease assessments and discharge plans. (2) Draft a plan for the program participant’s transition into housing that serves the program participant’s needs and that demonstrates a clear transition pathway to permanent, independent, and affordable housing. Housing options shall include permanent supportive housing and interim housing, as necessary, while the program participant awaits placement into supportive housing. (3) Engage the program participant to actively participate in services upon release. (4) Assist in obtaining identification for the program participant, if necessary. (5) Assist in applying for any benefits for which the program participant is eligible. (c) (1) To facilitate the transition of a program participant identified prior to release into the community and a program participant identified during parole into supportive housing, a service provider shall, on an ongoing basis, but not less than quarterly, assess each program participant’s needs and include in each program participant’s assessment a plan to foster independence and continued residence in the same permanent housing when his or her parole is complete. (2) Upon referral to the service provider, the service provider shall work to transition a program participant from the department’s rental assistance to other mainstream rental assistance benefits if those benefits are necessary to enable the program participant to remain in stable housing, and shall prioritize transitioning the program participant to these benefits in a manner that allows the program participant to remain housed, when possible, without moving. Mainstream rental assistance benefits may include, but are not limited to, federal Housing Choice Voucher assistance, Department of Housing and Urban Development-Veterans Affairs Supportive Housing vouchers, or other rental assistance programs. (3) The program participant’s parole discharge plan and the assessments shall consider the need for, and prioritize linkage to, county mental health services and housing opportunities that are supported by the Mental Health Services Act, the Mental Health Services Act Housing Program, or other funding sources that finance permanent supportive housing for persons with mental illness, so that the program participant may continue to achieve all recovery goals of the program and remain permanently housed when his or her parole is complete. (4) The department and service providers shall not limit the bridge rental assistance made available to the program participant, except to the term of the program participant’s parole. The program participant shall be allowed to remain in the same housing after the bridge rental assistance ends, so long as he or she complies with the terms of the lease. SEC. 6. Section 2985.4 of the Penal Code is amended to read: 2985.4. (a) A service provider shall identify and locate supportive housing opportunities for a program participant prior to his or her release from state prison or as quickly upon his or her release from state prison as possible, or as quickly as possible after the program participant is identified during parole, but in no case later than nine months after the program participant agrees to participate in the ISMIP program. (b) Housing identified pursuant to subdivision (a) shall satisfy all of the following: (1) The housing is located in an apartment building, single-room occupancy buildings, townhouses, or single-family homes, including rent-subsidized apartments leased in the open market or set aside within privately owned buildings. (2) The housing is not subject to community care licensing requirements or is exempt from licensing under Section 1504.5 of the Health and Safety Code. (3) A program participant living in supportive housing shall have a lease and be subject to the rights and responsibilities of tenancy. (c) A service provider shall use a portion of the ISMIP payments received from the department to identify and offer the program participant interim housing while the program participant is waiting to obtain appropriate permanent rental housing and to complete documentation and paperwork needed to move the program participant into the rental housing. (d) If a service provider operates in a county that utilizes homeless coordinated assessment and entry systems, the service provider shall offer ISMIP program payments and housing assistance to parolees who qualify for the ISMIP program through those systems. (e) A service provider may use ISMIP program payments to support a housing specialist position to work with lessors, affordable and for-profit housing developers, public housing authorities, and other housing providers to identify and secure affordable rental housing for program participants. SEC. 7. Section 2985.5 of the Penal Code is amended to read: 2985.5. (a) A service provider shall report to the department regarding the intended outcomes of the program, including all of the following: (1) The number of program participants served. (2) The types of services that were provided to program participants. (3) The outcomes for program participants, including the number who are living independently, the number who remain in or moved to permanent housing, the number who ceased to participate in the program, the number who returned to state prison, and the number who were arrested and are residing in county jail. (4) The number of program participants who successfully completed parole and transitioned to county mental health programs. (5) The percentage of program participants currently living in permanent housing. (b) The department shall prepare an analysis of the costs of the supportive housing program in comparison to the cost savings to the state as a result of reduced recidivism rates by program participants using the information provided pursuant to subdivision (a). This analysis shall exclude from consideration any federal funds provided for services while the program participant is on parole in order to ensure that the analysis accurately reflects only the costs to the state for the services provided to program participants. (c) The department shall annually submit, on or before February 1, the information collected pursuant to subdivision (a) and the analysis prepared pursuant to subdivision (b) to the chairs of the Joint Legislative Budget Committee, the Senate Committee on Budget and Fiscal Review, the Assembly Committee on Budget, the Senate and Assembly Committees on Public Safety, the Senate Committee on Transportation and Housing, and the Assembly Committee on Housing and Community Development.

(1) Existing law authorizes the Department of Corrections and Rehabilitation to obtain day treatment, and to contract for crisis care services, for parolees with mental health problems, and requires the department to provide a supportive housing program that provides wraparound services to mentally ill parolees at risk of homelessness using funding appropriated for that purpose. Existing law provides that an inmate or parolee is eligible for participation if he or she has a serious mental disorder, as defined, has been assigned a release date from state prison, and is likely to become homeless upon release or is currently a homeless parolee. Existing law requires providers to offer various services, including housing location services and rental subsidies. Existing law requires a service provider to comply with specified requirements, including, among others, that the service provider has prior experience working with county or regional mental health programs. This bill would require a service provider to also demonstrate an existing relationship with a supportive housing provider. The bill would specify that a program participant is not required to receive other services for mentally ill parolees as a condition of eligibility to receive rental assistance through the program. The bill would require a service provider to exercise due diligence in providing any mental health or other contracted services and to notify the department of a participant’s participation in those services. The bill would require a service provider to offer rental subsidies that are equal to or greater than fair market rent, as defined. The bill would also prohibit the department or a service provider from limiting the duration that a program participant may receive rental assistance through the program, except by the length of the person’s parole. (2) Existing law requires a service provider to identify and locate supportive housing opportunities prior to a program participant’s release from state prison or as quickly upon release from state prison as possible, or as quickly as possible when a program participant is identified during parole. Existing law requires a service provider to report specified information to the department, including the number of program participants served and the outcomes for program participants, including the number of participants who returned to state prison. This bill would require a service provider to identify and locate supportive housing opportunities no later than 9 months after the program participant has agreed to participate in the program. The bill would require that the housing located provide the program participant with a lease where he or she has all of the rights and responsibilities of tenancy. The bill would require a service provider to use a portion of the program payments received to provide interim housing, as defined. The bill would also require a service provider to report to the department the percentage of program participants currently living in permanent housing and the number who are arrested and residing in county jail. The bill would also make technical, nonsubstantive, and clarifying changes.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a) The Legislature passed, and the Governor signed, Senate Bill 1021 in 2012, which included direction to the Department of Corrections and Rehabilitation to create the Supportive Housing Program for Mentally Ill Parolees, pursuant to Section 3073 of the Penal Code. The program was intended to use funds budgeted for the Integrated Services for Mentally Ill Parolees (ISMIP) program to serve the purposes outlined in Senate Bill 1021. (b) Since 2012, the budget has not referred to the program by name and funds have not been used for their legislatively intended purposes. (c) It is the intent of the Legislature to strengthen the ISMIP program to ensure that the department promotes the evidence-based evidence-based, wraparound services, including rental subsidies in an amount adequate to allow mentally ill parolees experiencing homelessness or at risk of experiencing homelessness upon release from prison to obtain and maintain housing stability during and after the term of parole, thereby reducing recidivism among parolees with a history of homelessness. (d) It is the intent of the Legislature that contracts the department enters into under the ISMIP program require contractors to target resources to parolees experiencing homelessness or offenders at risk of homelessness upon release. The contracts shall emphasize housing permanency and stability over food, clothing, and drop-in or day center services and shall require contractors to use a substantial portion of the contracted payment to provide rental assistance to obtain housing that is independent and integrated into the community. (e) It is the intent of the Legislature that the Department of Corrections and Rehabilitation include the changes made in this act into contracts renewed or entered into for the ISMIP program on and after January 1, 2017. SEC. 2. Section 2985 of the Penal Code is amended to read: 2985. It is the intent of the Legislature in enacting this article to provide evidence-based, comprehensive mental health and supportive services, including housing subsidies, to parolees who suffer from mental illness and are either homeless or at risk of homelessness, in order to successfully reintegrate the parolees into the community, increase public safety, and reduce state costs of recidivism. It is further the intent of the Legislature to supplement existing parole outpatient clinic services by providing services to individuals who suffer from a severe mental illness, as defined in Section 5600.3 of the Welfare and Institutions Code, and who require services that cannot be provided by parole outpatient clinics, including services provided pursuant to Section 5806 of the Welfare and Institutions Code. SEC. 3. Section 2985.1 of the Penal Code is amended to read: 2985.1. For purposes of this article, the following definitions shall apply: (a) “Bridge rental assistance” means rental assistance paid to participating landlords while the service provider and program participant seek permanent rental assistance that allows the program participant to remain in the same housing or, when feasible, allows the program participant to incur the full responsibility of paying rent through employment or benefits entitlement once parole ends. (b) “Department” means the Department of Corrections and Rehabilitation. (c) “Fair market rent” means the rent, including the cost of utilities other than telephone, as established by the United States Department of Housing and Urban Development, for units of varying sizes, as determined by the number of bedrooms, that must be paid in the market area to rent privately owned, existing, decent, safe, and sanitary rental housing of a modest nature with suitable amenities. (d) “Homelessness” has the same meaning as in Part 91 of Title 24 of the Code of Federal Regulations. (e) “Integrated Services for Mentally Ill Parolees program” or “ISMIP program” means the program of supportive services and housing support provided by this article. (f) “Interim housing” means a temporary residence in which a program participant resides, for a period not to exceed nine months, while waiting to move into permanent housing. “Interim housing” may include housing that is paid for using motel vouchers or housing in which a program participant resides for the purpose of receiving recuperative care. (g) “Likely to become homeless upon release” or “at risk of homelessness” means the individual has a history of homelessness and he or she satisfies both of the following criteria: (1) The individual has not identified a fixed, regular, and adequate nighttime residence for release. (2) The individual’s only identified nighttime residence for release includes a supervised, publicly or privately operated shelter designed to provide temporary living accommodations, or a public or private place not designed for, or not ordinarily used as, regular sleeping accommodations for human beings. (h) “Supportive housing” has the same meaning set forth in subdivision (b) of Section 50675.14 of the Health and Safety Code, and that, in addition, is decent, safe, and affordable. SEC. 4. Section 2985.2 of the Penal Code is amended to read: 2985.2. (a) Pursuant to Section 3073, the department shall provide a supportive housing program that provides wraparound services to mentally ill parolees who are either homeless or at risk of homelessness using funding appropriated by the Legislature for the ISMIP program. (b) A service provider participating in this program shall comply with all of the following: (1) Provide services and treatment based on evidence-based practices. (2) Demonstrate that the program reduces recidivism and homelessness among program participants. (3) Have prior experience working with county or regional mental health programs. (4) Demonstrate existing relationships with a supportive housing provider. (c) (1) An inmate or parolee is eligible to participate in this program if all of the following apply: (A) He or she has a serious mental disorder as defined in Section 5600.3 of the Welfare and Institutions Code and as identified by the department, and he or she has a history of mental health treatment in the prison’s mental health services delivery system or in a parole outpatient clinic. (B) The inmate or parolee voluntarily chooses to participate. (C) Either of the following applies: (i) He or she has been assigned a date of release within 60 to 180 days and is likely to become homeless upon release. (ii) He or she is currently a homeless parolee. (2) First priority for the program shall be given to the lowest functioning offenders in prison, as identified by the department, who are likely to become homeless upon release. (d) A service provider shall exercise due diligence in providing any mental health or other contracted services pursuant to Section 2985.3 and shall notify the department of an individual’s participation in such services. A parolee is not required to receive other ISMIP services as a condition of eligibility to receive rental assistance pursuant to this article. SEC. 5. Section 2985.3 of the Penal Code is amended to read: 2985.3. (a) A service provider shall offer services, in accordance with Section 5806 of the Welfare and Institutions Code, to obtain and maintain health and housing stability while the program participant is on parole, to enable the program participant to comply with the terms of parole, and to augment mental health services provided to the program participant. The services shall be offered to a program participant in his or her home, or shall be made as easily accessible to the program participant as possible and shall include, but are not limited to, all of the following: (1) Case management services. (2) Parole discharge planning. (3) Housing location services, and, if needed, move-in cost assistance. (4) Rental subsidies that are equal to or greater than fair market rent. (5) Linkage to other services, such as vocational, educational, and employment services, as needed. (6) Benefit entitlement application and appeal assistance. (7) Transportation assistance to obtain services and health care needed. (8) Assistance obtaining appropriate identification. (b) For a program participant identified prior to release from state prison, upon the service provider’s receipt of referral and in collaboration with the parole agent and, if appropriate, staff, the intake coordinator or case manager of the service provider shall, when possible: (1) Receive all prerelease assessments and discharge plans. (2) Draft a plan for the program participant’s transition into housing that serves the program participant’s needs and that demonstrates a clear transition pathway to permanent, independent, and affordable housing. Housing options shall include permanent supportive housing and interim housing, as necessary, while the program participant awaits placement into supportive housing. (3) Engage the program participant to actively participate in services upon release. (4) Assist in obtaining identification for the program participant, if necessary. (5) Assist in applying for any benefits for which the program participant is eligible. (c) (1) To facilitate the transition of a program participant identified prior to release into the community and a program participant identified during parole into supportive housing, a service provider shall, on an ongoing basis, but not less than quarterly, assess each program participant’s needs and include in each program participant’s assessment a plan to foster independence and continued residence in the same permanent housing when his or her parole is complete. (2) Upon referral to the service provider, the service provider shall work to transition a program participant from the department’s rental assistance to other mainstream rental assistance benefits if those benefits are necessary to enable the program participant to remain in stable housing, and shall prioritize transitioning the program participant to these benefits in a manner that allows the program participant to remain housed, when possible, without moving. Mainstream rental assistance benefits may include, but are not limited to, federal Housing Choice Voucher assistance, Department of Housing and Urban Development-Veterans Affairs Supportive Housing vouchers, or other rental assistance programs. (3) The program participant’s parole discharge plan and the assessments shall consider the need for, and prioritize linkage to, county mental health services and housing opportunities that are supported by the Mental Health Services Act, the Mental Health Services Act Housing Program, or other funding sources that finance permanent supportive housing for persons with mental illness, so that the program participant may continue to achieve all recovery goals of the program and remain permanently housed when his or her parole is complete. (4) The department and service providers shall not limit the bridge rental assistance made available to the program participant, except to the term of the program participant’s parole. The program participant shall be allowed to remain in the same housing after the bridge rental assistance ends, so long as he or she complies with the terms of the lease. SEC. 6. Section 2985.4 of the Penal Code is amended to read: 2985.4. (a) A service provider shall identify and locate supportive housing opportunities for a program participant prior to his or her release from state prison or as quickly upon his or her release from state prison as possible, or as quickly as possible after the program participant is identified during parole, but in no case later than nine months after the program participant agrees to participate in the ISMIP program. (b) Housing identified pursuant to subdivision (a) shall satisfy all of the following: (1) The housing is located in an apartment building, single-room occupancy buildings, townhouses, or single-family homes, including rent-subsidized apartments leased in the open market or set aside within privately owned buildings. (2) The housing is not subject to community care licensing requirements or is exempt from licensing under Section 1504.5 of the Health and Safety Code. (3) A program participant living in supportive housing shall have a lease and be subject to the rights and responsibilities of tenancy. (c) A service provider shall use a portion of the ISMIP payments received from the department to identify and offer the program participant interim housing while the program participant is waiting to obtain appropriate permanent rental housing and to complete documentation and paperwork needed to move the program participant into the rental housing. (d) If a service provider operates in a county that utilizes homeless coordinated assessment and entry systems, the service provider shall offer ISMIP program payments and housing assistance to parolees who qualify for the ISMIP program through those systems. (e) A service provider may use ISMIP program payments to support a housing specialist position to work with lessors, affordable and for-profit housing developers, public housing authorities, and other housing providers to identify and secure affordable rental housing for program participants. SEC. 7. Section 2985.5 of the Penal Code is amended to read: 2985.5. (a) A service provider shall report to the department regarding the intended outcomes of the program, including all of the following: (1) The number of program participants served. (2) The types of services that were provided to program participants. (3) The outcomes for program participants, including the number who are living independently, the number who remain in or moved to permanent housing, the number who ceased to participate in the program, the number who returned to state prison, and the number who were arrested and are residing in county jail. (4) The number of program participants who successfully completed parole and transitioned to county mental health programs. (5) The percentage of program participants currently living in permanent housing. (b) The department shall prepare an analysis of the costs of the supportive housing program in comparison to the cost savings to the state as a result of reduced recidivism rates by program participants using the information provided pursuant to subdivision (a). This analysis shall exclude from consideration any federal funds provided for services while the program participant is on parole in order to ensure that the analysis accurately reflects only the costs to the state for the services provided to program participants. (c) The department shall annually submit, on or before February 1, the information collected pursuant to subdivision (a) and the analysis prepared pursuant to subdivision (b) to the chairs of the Joint Legislative Budget Committee, the Senate Committee on Budget and Fiscal Review, the Assembly Committee on Budget, the Senate and Assembly Committees on Public Safety, the Senate Committee on Transportation and Housing, and the Assembly Committee on Housing and Community Development. ### Summary: This bill would amend the Penal Code to require the Department of Corrections and Rehabilitation to create a program for parolees with a history of homelessness or at risk of homelessness

The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a) In 2012, about 35,000 children were born to 15- to 19-year-olds in California. Nationwide, 70 percent of young parents are pushed out of school, and fewer than 4 in 10 young mothers graduate from high school by 18 years of age. (b) Title IX of the federal Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.) and California law protect all pupils’ rights to equal educational opportunities regardless of sex. Yet, only some of California’s school districts provide pregnant and parenting pupil programs. (c) Pregnant and parenting pupils face overwhelming, system-enforced obstacles to graduating and receiving an education of equal quality to that of their peers that vary across school districts and include all of the following: (1) Inconsistent access to excused “family leave” absences to care for new infants during the critical period of early child development, with male parents often having no access. (2) Involuntary pushout due to high absence rates related to pregnancy and parenting responsibilities. (3) Rigid requirements to verify excused absences to care for a sick child. (4) Allowed “reasonable” amount of time to make up work is defined by the school districts and not to the individual circumstances or to support a pupil’s goal to graduate. (5) Varying levels of support and engagement from schools while pupils are absent. (6) Encouragement to pursue independent study that may not fulfill the “A-G” admission requirements for the California State University and the University of California or have inconsistent and rigorous attendance policies. (7) Parenting pupils’ lack of awareness of their rights under Title IX of the federal Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.) and California law, as well as pupils’ different educational options during pregnancy, postpartum, and as a parent. (d) While California has an 80 percent high school graduation rate, only 38 percent of young moms who have a child before they are 18 years of age graduate from high school, 19 percent get a General Education Development (GED) credential, and only 2 percent go to college before 30 years of age. (e) Educational challenges set the stage for economic hardship: The median income for women over 25 years of age without a high school degree is $15,021, less than 53 percent of that of their peers’ median income of $31,904. (f) Nearly 60 percent of mothers under 19 years of age live in poverty. (g) Children of teen mothers tend to struggle more in school, are less likely to complete high school, have lower performance on standardized tests, and are more likely to enter the foster care system and become teen parents themselves. (h) Studies show that pregnancy can motivate pupils to complete school and pursue postsecondary education. (i) Further, bonding time is critical for an infant’s long-term development and the well-being of parents. California has acknowledged the importance of bonding time and paved the way in supporting bonding within working families. (j) Since 2004, workers have been entitled to up to six weeks of family leave to bond with their children. Working families benefit significantly from bonding time. Parenting pupils and their infants, some of our most vulnerable citizens, should not have to choose between their family and education. SEC. 2. Section 222.5 is added to the Education Code, to read: 222.5. A school district shall notify pregnant and parenting pupils of their rights and options available pursuant to Title IX of the federal Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.) and Sections 222, 46015, and 48206.3 through annual school year welcome packets pursuant to Section 48980, through independent study packets, on the school district’s Internet Web site, in lactation rooms, and in locker rooms. SEC. 3. Section 46015 is added to the Education Code, to read: 46015. (a) The governing board of a school district may allow adopt a policy that allows a parenting pupil who gives or expects to give birth up to six weeks of parental leave and may allow a parenting pupil not giving birth up to three weeks of parental leave after the birth. The length of leave shall be determined by the pupil and shall not exceed the length of time allowed by this subdivision. (b) (1) Absences allowed pursuant to this section shall not be deemed absences in computing average daily attendance pursuant to Section 42238.5 if the governing board of the school district of attendance files an expectant and parenting pupil policy, including procedures for ensuring pupils are provided with schoolwork while on parental leave, with the department. (2) For purposes of calculating average daily attendance for a pupil on parental leave, one day of attendance shall be credited for each hour spent on activities related to the instruction of that pupil, with a maximum equivalent of the limits specified in subdivision (a). For purposes of this paragraph, “activities related to the instruction of that pupil” means activities that require contact with the pupil. (3) An expectant and parenting pupil policy shall require a pupil to submit a parental leave request form, similar or the same as request forms used to request temporary disability time off, to the pupil’s school before the end of the pregnant pupil’s second trimester. A school shall process a request within five business days and provide makeup work plan development process guidelines to a pupil in conjunction with the positive determination of parental leave. SEC. 4. Section 48205 of the Education Code is amended to read: 48205. (a) Notwithstanding Section 48200, a pupil shall be excused from school when the absence is: (1) Due to his or her illness. (2) Due to quarantine under the direction of a county or city health officer. (3) For the purpose of having medical, dental, optometrical, or chiropractic services rendered. (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. (5) For the purpose of jury duty in the manner provided for by law. (6) Due to the illness or medical appointment during school hours of a child of whom the pupil is the custodial parent, including up to four absences per school year to care for a sick child, for which the school shall not require a note from a doctor. (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’s 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. (8) For the purpose of serving as a member of a precinct board for an election pursuant to Section 12302 of the Elections Code. (9) For the purpose of spending time with a member of the pupil’s 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. (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. (c) For purposes of this section, attendance at religious retreats shall not exceed four hours per semester. (d) Absences pursuant to this section are deemed to be absences in computing average daily attendance and shall not generate state apportionment payments. (e) “Immediate family,” as used in this section, has the same meaning as set forth in Section 45194, except that references therein to “employee” shall be deemed to be references to “pupil.” SEC. 5. Section 48206.3 of the Education Code is amended to read: 48206.3. (a) Except for those pupils receiving individual instruction provided pursuant to Section 48206.5, a pupil with a temporary disability that makes attendance in the regular day classes or alternative education program in which the pupil is enrolled impossible or inadvisable shall receive individual instruction provided by the district in which the pupil is deemed to reside. (b) For purposes of this section and Sections 48206.5, 48207, and 48208, the following terms have the following meanings: (1) “Individual instruction” means instruction provided to an individual pupil in the pupil’s home, in a hospital or other residential health facility, excluding state hospitals, or under other circumstances prescribed by regulations adopted for that purpose by the state board. (2) “Temporary disability” means a physical, mental, or emotional disability incurred while a pupil is enrolled in regular day classes or an alternative education program, and after which the pupil can reasonably be expected to return to regular day classes or the alternative education program without special intervention. Temporary disability also includes pregnancy, childbirth, false pregnancy, termination of pregnancy, and recovery therefrom. A temporary disability shall not include a disability for which a pupil is identified as an individual with exceptional needs pursuant to Section 56026. (c) (1) For purposes of computing average daily attendance pursuant to Section 42238.5, each clock hour of teaching time devoted to individual instruction shall count as one day of attendance. (2) A pupil shall not be credited with more than five days of attendance per calendar week, or more than the total number of calendar days that regular classes are maintained by the district in any fiscal year. (d) Notice of the availability of individualized instruction shall be given pursuant to Section 48980. SEC. 6. Section 48208 of the Education Code is amended to read: 48208. (a) It shall be the primary responsibility of the parent or guardian of a pupil with a temporary disability to notify the school district in which the pupil is deemed to reside pursuant to Section 48207 of the pupil’s presence in a qualifying hospital. (b) Upon receipt of notification pursuant to subdivision (a), a school district shall do all of the following: (1) (A) Within five working days of receipt of the notification, determine whether the pupil will be able to receive individualized instruction, and, if the determination is positive, when the individualized instruction may commence. Individualized instruction shall commence no later than five working days after the positive determination has been rendered. (B) A school district shall provide a pupil with a temporary disability as a result of pregnancy with guidelines for makeup work plan development if the option for individualized instruction is not available at the pupil’s school or school district. (2) Provide the pupil with individualized instruction pursuant to Section 48206.3. The school district may enter into an agreement with the school district in which the pupil previously attended regular day classes or an alternative education program, to have the school district the pupil previously attended provide the pupil with individualized instruction pursuant to Section 48206.3. (3) Within five working days of the commencement of individualized instruction, provide the school district in which the pupil previously attended regular day classes or an alternative education program with written notice that the pupil shall not be counted by that school district for purposes of computing average daily attendance pursuant to Section 42238.5, effective the date on which individualized instruction commenced. SEC. 7. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

(1) Existing law requires a pupil to be excused from school for specified types of absences and prohibits those excused absences from generating state apportionment payments by deeming them as absences in computing average daily attendance. This bill would include as another type of excused absence, 4 absences per school year to care for a sick child, for which the school is prohibited from requiring a note from a doctor. The bill would authorize the governing board of a school district to allow adopt a policy that allows a parenting pupil who gives or expects to give birth up to 6 weeks of parental leave and to allow a parenting pupil not giving birth up to 3 weeks of parental leave. The bill would specify that parental leave absences shall not be deemed absences in computing average daily attendance if the governing board of the school district of attendance files with the State Department of Education an expectant and parenting pupil policy that includes procedures for ensuring pupils are provided with schoolwork while on parental leave, and would specify the method for crediting average daily attendance for these pupils. (2) Existing state regulations require an educational institution to treat pregnancy, childbirth, false pregnancy, termination of pregnancy, and recovery from those conditions in the same manner and under the same policies as any other temporary disability. Existing law requires a school district that receives notification of a pupil’s temporary disability to determine whether the pupil will be able to receive individualized instruction, and, if the determination is positive, to provide the individualized instruction, as specified. This bill would require a school district to provide a pupil with a temporary disability as a result of pregnancy with guidelines for makeup work plan development if the option for individualized instruction is not available at the pupil’s school or school district. (3) Existing law prohibits discrimination on the basis of disability, gender, or other specified characteristics in any program or activity conducted by an educational institution that receives, or benefits from, state financial assistance or enrolls pupils who receive state financial aid. This bill would require a school district to notify pregnant and parenting pupils of specified rights and options available to those pupils, as specified. (4) To the extent that this bill would impose additional duties on school districts, the bill would impose a state-mandated local program. (5) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a) In 2012, about 35,000 children were born to 15- to 19-year-olds in California. Nationwide, 70 percent of young parents are pushed out of school, and fewer than 4 in 10 young mothers graduate from high school by 18 years of age. (b) Title IX of the federal Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.) and California law protect all pupils’ rights to equal educational opportunities regardless of sex. Yet, only some of California’s school districts provide pregnant and parenting pupil programs. (c) Pregnant and parenting pupils face overwhelming, system-enforced obstacles to graduating and receiving an education of equal quality to that of their peers that vary across school districts and include all of the following: (1) Inconsistent access to excused “family leave” absences to care for new infants during the critical period of early child development, with male parents often having no access. (2) Involuntary pushout due to high absence rates related to pregnancy and parenting responsibilities. (3) Rigid requirements to verify excused absences to care for a sick child. (4) Allowed “reasonable” amount of time to make up work is defined by the school districts and not to the individual circumstances or to support a pupil’s goal to graduate. (5) Varying levels of support and engagement from schools while pupils are absent. (6) Encouragement to pursue independent study that may not fulfill the “A-G” admission requirements for the California State University and the University of California or have inconsistent and rigorous attendance policies. (7) Parenting pupils’ lack of awareness of their rights under Title IX of the federal Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.) and California law, as well as pupils’ different educational options during pregnancy, postpartum, and as a parent. (d) While California has an 80 percent high school graduation rate, only 38 percent of young moms who have a child before they are 18 years of age graduate from high school, 19 percent get a General Education Development (GED) credential, and only 2 percent go to college before 30 years of age. (e) Educational challenges set the stage for economic hardship: The median income for women over 25 years of age without a high school degree is $15,021, less than 53 percent of that of their peers’ median income of $31,904. (f) Nearly 60 percent of mothers under 19 years of age live in poverty. (g) Children of teen mothers tend to struggle more in school, are less likely to complete high school, have lower performance on standardized tests, and are more likely to enter the foster care system and become teen parents themselves. (h) Studies show that pregnancy can motivate pupils to complete school and pursue postsecondary education. (i) Further, bonding time is critical for an infant’s long-term development and the well-being of parents. California has acknowledged the importance of bonding time and paved the way in supporting bonding within working families. (j) Since 2004, workers have been entitled to up to six weeks of family leave to bond with their children. Working families benefit significantly from bonding time. Parenting pupils and their infants, some of our most vulnerable citizens, should not have to choose between their family and education. SEC. 2. Section 222.5 is added to the Education Code, to read: 222.5. A school district shall notify pregnant and parenting pupils of their rights and options available pursuant to Title IX of the federal Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.) and Sections 222, 46015, and 48206.3 through annual school year welcome packets pursuant to Section 48980, through independent study packets, on the school district’s Internet Web site, in lactation rooms, and in locker rooms. SEC. 3. Section 46015 is added to the Education Code, to read: 46015. (a) The governing board of a school district may allow adopt a policy that allows a parenting pupil who gives or expects to give birth up to six weeks of parental leave and may allow a parenting pupil not giving birth up to three weeks of parental leave after the birth. The length of leave shall be determined by the pupil and shall not exceed the length of time allowed by this subdivision. (b) (1) Absences allowed pursuant to this section shall not be deemed absences in computing average daily attendance pursuant to Section 42238.5 if the governing board of the school district of attendance files an expectant and parenting pupil policy, including procedures for ensuring pupils are provided with schoolwork while on parental leave, with the department. (2) For purposes of calculating average daily attendance for a pupil on parental leave, one day of attendance shall be credited for each hour spent on activities related to the instruction of that pupil, with a maximum equivalent of the limits specified in subdivision (a). For purposes of this paragraph, “activities related to the instruction of that pupil” means activities that require contact with the pupil. (3) An expectant and parenting pupil policy shall require a pupil to submit a parental leave request form, similar or the same as request forms used to request temporary disability time off, to the pupil’s school before the end of the pregnant pupil’s second trimester. A school shall process a request within five business days and provide makeup work plan development process guidelines to a pupil in conjunction with the positive determination of parental leave. SEC. 4. Section 48205 of the Education Code is amended to read: 48205. (a) Notwithstanding Section 48200, a pupil shall be excused from school when the absence is: (1) Due to his or her illness. (2) Due to quarantine under the direction of a county or city health officer. (3) For the purpose of having medical, dental, optometrical, or chiropractic services rendered. (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. (5) For the purpose of jury duty in the manner provided for by law. (6) Due to the illness or medical appointment during school hours of a child of whom the pupil is the custodial parent, including up to four absences per school year to care for a sick child, for which the school shall not require a note from a doctor. (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’s 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. (8) For the purpose of serving as a member of a precinct board for an election pursuant to Section 12302 of the Elections Code. (9) For the purpose of spending time with a member of the pupil’s 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. (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. (c) For purposes of this section, attendance at religious retreats shall not exceed four hours per semester. (d) Absences pursuant to this section are deemed to be absences in computing average daily attendance and shall not generate state apportionment payments. (e) “Immediate family,” as used in this section, has the same meaning as set forth in Section 45194, except that references therein to “employee” shall be deemed to be references to “pupil.” SEC. 5. Section 48206.3 of the Education Code is amended to read: 48206.3. (a) Except for those pupils receiving individual instruction provided pursuant to Section 48206.5, a pupil with a temporary disability that makes attendance in the regular day classes or alternative education program in which the pupil is enrolled impossible or inadvisable shall receive individual instruction provided by the district in which the pupil is deemed to reside. (b) For purposes of this section and Sections 48206.5, 48207, and 48208, the following terms have the following meanings: (1) “Individual instruction” means instruction provided to an individual pupil in the pupil’s home, in a hospital or other residential health facility, excluding state hospitals, or under other circumstances prescribed by regulations adopted for that purpose by the state board. (2) “Temporary disability” means a physical, mental, or emotional disability incurred while a pupil is enrolled in regular day classes or an alternative education program, and after which the pupil can reasonably be expected to return to regular day classes or the alternative education program without special intervention. Temporary disability also includes pregnancy, childbirth, false pregnancy, termination of pregnancy, and recovery therefrom. A temporary disability shall not include a disability for which a pupil is identified as an individual with exceptional needs pursuant to Section 56026. (c) (1) For purposes of computing average daily attendance pursuant to Section 42238.5, each clock hour of teaching time devoted to individual instruction shall count as one day of attendance. (2) A pupil shall not be credited with more than five days of attendance per calendar week, or more than the total number of calendar days that regular classes are maintained by the district in any fiscal year. (d) Notice of the availability of individualized instruction shall be given pursuant to Section 48980. SEC. 6. Section 48208 of the Education Code is amended to read: 48208. (a) It shall be the primary responsibility of the parent or guardian of a pupil with a temporary disability to notify the school district in which the pupil is deemed to reside pursuant to Section 48207 of the pupil’s presence in a qualifying hospital. (b) Upon receipt of notification pursuant to subdivision (a), a school district shall do all of the following: (1) (A) Within five working days of receipt of the notification, determine whether the pupil will be able to receive individualized instruction, and, if the determination is positive, when the individualized instruction may commence. Individualized instruction shall commence no later than five working days after the positive determination has been rendered. (B) A school district shall provide a pupil with a temporary disability as a result of pregnancy with guidelines for makeup work plan development if the option for individualized instruction is not available at the pupil’s school or school district. (2) Provide the pupil with individualized instruction pursuant to Section 48206.3. The school district may enter into an agreement with the school district in which the pupil previously attended regular day classes or an alternative education program, to have the school district the pupil previously attended provide the pupil with individualized instruction pursuant to Section 48206.3. (3) Within five working days of the commencement of individualized instruction, provide the school district in which the pupil previously attended regular day classes or an alternative education program with written notice that the pupil shall not be counted by that school district for purposes of computing average daily attendance pursuant to Section 42238.5, effective the date on which individualized instruction commenced. SEC. 7. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 3003.5 of the Penal Code is amended to read: 3003.5. (a) Notwithstanding any other provision of law, 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 single family single-family dwelling 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, “single family “single-family dwelling” shall not include a residential facility which that serves six or fewer persons. (b) (1) Notwithstanding any other provision of law, it is unlawful for any person convicted of any of the offenses enumerated in Section 667.61 and for whom registration is required pursuant to Section 290 to reside within 2000 2,000 feet of any public or private school, or park where children regularly gather. The 2,000-foot residency restriction shall be measured by the shortest practical pedestrian or vehicle path. (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: (A) The offender is subject to a greater preexisting residency restriction. (B) The residency restriction is modified within the county in which the offender resides as provided by Section 3003.51. (C) The residency restriction is found unconstitutional as applied within the county and no modified restriction can be constitutionally enforced. (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. (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. SEC. 2. Section 3003.51 is added to the Penal Code, to read: 3003.51. (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. (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. (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. (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: (1) There is a pervasive lack of compliant housing within the petitioner’s county of domicile. (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. (3) The 2,000 foot restriction is the principal reason that those without a residence have been unable to find compliant housing. (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. (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. (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: (1) There has been a change of circumstances based upon a substantial decline in the availability of compliant housing. (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. SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to protect the public at the earliest possible time, it is necessary that this act take effect immediately.

Existing law, as amended by Proposition 83 at the November 7, 2006, statewide general election, prohibits any person who is required to register pursuant to the Sex Offender Registration Act from residing within 2,000 feet of any public or private school, or park where children regularly gather. This bill would require that the 2,000-foot residency restriction be measured by the shortest practical pedestrian or vehicle path. The bill would limit the residency restriction to persons convicted of specified offenses. The bill would clarify that the state parole authority shall enforce the residency restriction except under specified conditions. The bill would permit a person who is subject to the residency restriction to petition the superior court of the county within which he or she resides for relief from the requirement. The bill would provide that original jurisdiction for the petition would lie with the appellate division of the superior court in which the petition is filed. The bill would require the petitioner to establish by a preponderance of the evidence that there is a pervasive lack of compliant housing in the county, that the petitioner is among a substantial proportion of sex offenders subject to the residency restriction who are unable to find compliant housing, and that the housing restriction is the principal reason that those without a residence have been unable to find housing. The bill would allow relief to modify the residential distance restrictions if that relief is narrowly crafted, and would allow the court to 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. The bill would prohibit a subsequent petition from being heard if relief is granted or denied, unless the petitioner establishes in the petition, to the satisfaction of the court, that circumstances regarding compliant housing have changed, as provided. Proposition 83 permits the Legislature, by a vote of 2/3 of the membership of each house and in accordance with specified procedures, to amend the provisions of the act. By amending Proposition 83, this bill would require a 2/3 vote. This bill would declare that it is to take effect immediately as an urgency statute.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 3003.5 of the Penal Code is amended to read: 3003.5. (a) Notwithstanding any other provision of law, 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 single family single-family dwelling 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, “single family “single-family dwelling” shall not include a residential facility which that serves six or fewer persons. (b) (1) Notwithstanding any other provision of law, it is unlawful for any person convicted of any of the offenses enumerated in Section 667.61 and for whom registration is required pursuant to Section 290 to reside within 2000 2,000 feet of any public or private school, or park where children regularly gather. The 2,000-foot residency restriction shall be measured by the shortest practical pedestrian or vehicle path. (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: (A) The offender is subject to a greater preexisting residency restriction. (B) The residency restriction is modified within the county in which the offender resides as provided by Section 3003.51. (C) The residency restriction is found unconstitutional as applied within the county and no modified restriction can be constitutionally enforced. (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. (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. SEC. 2. Section 3003.51 is added to the Penal Code, to read: 3003.51. (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. (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. (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. (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: (1) There is a pervasive lack of compliant housing within the petitioner’s county of domicile. (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. (3) The 2,000 foot restriction is the principal reason that those without a residence have been unable to find compliant housing. (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. (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. (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: (1) There has been a change of circumstances based upon a substantial decline in the availability of compliant housing. (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. SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to protect the public at the earliest possible time, it is necessary that this act take effect immediately. ### Summary: This bill would amend Section 3003.5 of the Penal Code to prohibit a person released on parole after having served a term of imprisonment in state

The people of the State of California do enact as follows: SECTION 1. Chapter 6 (commencing with Section 8385) is added to Division 4.1 of the Public Utilities Code, to read: CHAPTER 6. Wildfire Mitigation 8385. (a) For purposes of this chapter, the following shall apply: (1) “Compliance period” means a period of approximately one year. (2) “Electrical cooperative” has the same meaning as defined in Section 2776. (b) The commission shall supervise an electrical corporation’s compliance with the requirements of this chapter pursuant to the Public Utilities Act (Part 1 (commencing with Section 201) of Division 1). Nothing in this chapter affects the commission’s authority or jurisdiction over an electrical cooperative or local publicly owned electrical corporation. 8386. (a) Each electrical corporation shall construct, maintain, and operate its electrical lines and equipment in a manner that will minimize the risk of catastrophic wildfire posed by those electrical lines and equipment. (b) Each electrical corporation shall annually prepare and submit a wildfire mitigation plan for the next compliance period to the commission for review. The wildfire mitigation plan shall include: (1) An accounting of the responsibilities of persons responsible for executing the plan. (2) The objectives of the plan. (3) A description of the preventive strategies and programs to be adopted by the electrical corporation to minimize the risk of its electrical lines and equipment causing catastrophic wildfires. (4) A description of the metrics the electrical corporation plans to use to evaluate the plan’s performance and the assumptions that underlie the use of those metrics. (5) A discussion of how the application of previously identified metrics to previous plan performances has informed the plan. (6) A description of the processes and procedures the electrical corporation will use to do the following: (A) Monitor and audit the implementation of the plan. (B) Identify any deficiencies in the plan or the plan’s implementation and correct those deficiencies. (C) Monitor and audit the effectiveness of electrical line and equipment inspections, including inspections performed by contractors, carried out under the plan and other applicable statutes and commission rules. (7) Any other information that the commission may require. (c) The commission shall act expeditiously, but no later than 30 days before the beginning of the compliance period, to review and comment on the electrical corporation’s wildfire mitigation plan. (d) The commission shall provide the electrical corporation with an opportunity to amend a wildfire mitigation plan in response to commission comments within 30 days. (e) The commission shall conduct or contract for audits to determine if an electrical corporation is satisfactorily complying with its wildfire mitigation plan. (f) The commission may contract with an independent third party to evaluate wildfire mitigation plans or to conduct audits and inspections authorized by this section, and may require electrical corporations to reimburse any related expenses. 8387. (a) Each local publicly owned electric utility and electrical cooperative shall construct, maintain, and operate its electrical lines and equipment in a manner that will minimize the risk of catastrophic wildfire posed by those electrical lines and equipment. (b) The governing board of the local publicly owned electric utility or electrical cooperative shall determine, based on historical fire data and local conditions, and in consultation with the fire departments or other entities responsible for control of wildfires within the geographical area where the utility’s overhead electrical lines and equipment are located, whether any portion of that geographical area has a significant risk of catastrophic wildfire resulting from those electrical lines and equipment. (c) If, pursuant to subdivision (b), the governing board determines that there is a significant risk of catastrophic wildfire resulting from the utility’s electrical lines and equipment, the local publicly owned electric utility or electrical cooperative shall, at an interval determined by the board, present to the board for its approval those wildfire mitigation measures the utility intends to undertake to minimize the risk of its overhead electrical lines and equipment causing a catastrophic wildfire. (d) A fire prevention plan prepared by the local publicly owned electric utility or electrical cooperative, submitted to and approved by a federal agency as a license condition pursuant to subsection (e) of Section 4 of the Federal Power Act (16 U.S.C. Sec. 797 (e)) may, at the discretion of the governing board, be deemed to meet the requirements of this chapter for those areas covered by the fire prevention plan. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B 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 or because costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

The California Constitution establishes the Public Utilities Commission, authorizes the commission to establish rules for all public utilities, subject to control by the Legislature, and authorizes the Legislature, unlimited by the other provisions of the California Constitution, to confer additional authority and jurisdiction upon the commission that is cognate and germane to the regulation of public utilities. The Public Utilities Act provides the commission with broad authority over public utilities, including electrical corporations, while local publicly owned electric utilities and electrical cooperatives are under the direction of their governing boards. Existing law establishes requirements for equipment, practices, and facilities for public utilities, including standards, enforceable by the commission, for installation and maintenance of wires or cables used to conduct electricity. Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime. This bill would require each electrical corporation, local publicly owned electric utility, and electrical cooperative to construct, maintain, and operate its electrical lines and equipment in a manner that will minimize the risk of catastrophic wildfire posed by those electrical lines and equipment. The bill would require each electrical corporation to annually prepare a wildfire mitigation plan. The bill would require each electrical corporation to submit its plan to the commission for review, as specified. The bill would require the commission to review and comment on the submitted plan, as specified. The bill would require the governing board of a local publicly owned electric utility or electrical cooperative to determine whether any portion of the geographical area where the utility’s overhead electrical lines and equipment are located has a significant risk of catastrophic wildfire resulting from those electrical lines and equipment and, if so, would require the local publicly owned electric utility or electrical cooperative, at an interval determined by the board, to present to the board for its approval those wildfire mitigation measures the utility intends to undertake to minimize the risk of its overhead electrical lines and equipment causing a catastrophic wildfire. By placing additional duties upon local publicly owned electric utilities, the bill would impose a state-mandated local program. Because a violation of these provisions by an electrical corporation would be a crime, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for specified reasons.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Chapter 6 (commencing with Section 8385) is added to Division 4.1 of the Public Utilities Code, to read: CHAPTER 6. Wildfire Mitigation 8385. (a) For purposes of this chapter, the following shall apply: (1) “Compliance period” means a period of approximately one year. (2) “Electrical cooperative” has the same meaning as defined in Section 2776. (b) The commission shall supervise an electrical corporation’s compliance with the requirements of this chapter pursuant to the Public Utilities Act (Part 1 (commencing with Section 201) of Division 1). Nothing in this chapter affects the commission’s authority or jurisdiction over an electrical cooperative or local publicly owned electrical corporation. 8386. (a) Each electrical corporation shall construct, maintain, and operate its electrical lines and equipment in a manner that will minimize the risk of catastrophic wildfire posed by those electrical lines and equipment. (b) Each electrical corporation shall annually prepare and submit a wildfire mitigation plan for the next compliance period to the commission for review. The wildfire mitigation plan shall include: (1) An accounting of the responsibilities of persons responsible for executing the plan. (2) The objectives of the plan. (3) A description of the preventive strategies and programs to be adopted by the electrical corporation to minimize the risk of its electrical lines and equipment causing catastrophic wildfires. (4) A description of the metrics the electrical corporation plans to use to evaluate the plan’s performance and the assumptions that underlie the use of those metrics. (5) A discussion of how the application of previously identified metrics to previous plan performances has informed the plan. (6) A description of the processes and procedures the electrical corporation will use to do the following: (A) Monitor and audit the implementation of the plan. (B) Identify any deficiencies in the plan or the plan’s implementation and correct those deficiencies. (C) Monitor and audit the effectiveness of electrical line and equipment inspections, including inspections performed by contractors, carried out under the plan and other applicable statutes and commission rules. (7) Any other information that the commission may require. (c) The commission shall act expeditiously, but no later than 30 days before the beginning of the compliance period, to review and comment on the electrical corporation’s wildfire mitigation plan. (d) The commission shall provide the electrical corporation with an opportunity to amend a wildfire mitigation plan in response to commission comments within 30 days. (e) The commission shall conduct or contract for audits to determine if an electrical corporation is satisfactorily complying with its wildfire mitigation plan. (f) The commission may contract with an independent third party to evaluate wildfire mitigation plans or to conduct audits and inspections authorized by this section, and may require electrical corporations to reimburse any related expenses. 8387. (a) Each local publicly owned electric utility and electrical cooperative shall construct, maintain, and operate its electrical lines and equipment in a manner that will minimize the risk of catastrophic wildfire posed by those electrical lines and equipment. (b) The governing board of the local publicly owned electric utility or electrical cooperative shall determine, based on historical fire data and local conditions, and in consultation with the fire departments or other entities responsible for control of wildfires within the geographical area where the utility’s overhead electrical lines and equipment are located, whether any portion of that geographical area has a significant risk of catastrophic wildfire resulting from those electrical lines and equipment. (c) If, pursuant to subdivision (b), the governing board determines that there is a significant risk of catastrophic wildfire resulting from the utility’s electrical lines and equipment, the local publicly owned electric utility or electrical cooperative shall, at an interval determined by the board, present to the board for its approval those wildfire mitigation measures the utility intends to undertake to minimize the risk of its overhead electrical lines and equipment causing a catastrophic wildfire. (d) A fire prevention plan prepared by the local publicly owned electric utility or electrical cooperative, submitted to and approved by a federal agency as a license condition pursuant to subsection (e) of Section 4 of the Federal Power Act (16 U.S.C. Sec. 797 (e)) may, at the discretion of the governing board, be deemed to meet the requirements of this chapter for those areas covered by the fire prevention plan. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B 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 or because costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. ### Summary: This bill would require the California Public Utilities Commission to supervise an electrical corporation’s compliance with the requirements of this chapter. This bill would also require an electrical corporation

The people of the State of California do enact as follows: SECTION 1. The Legislature hereby finds and declares all of the following: (a) California’s 4,200 units of local government have issued $1.5 trillion in debt since 1984. The California Debt and Investment Advisory Commission (CDIAC) was created in 1982 to provide information, education, and technical assistance on debt issuance and investments to local public agencies and other public finance professionals. Over the past three decades, CDIAC has emerged as a national thought leader in public finance. (b) Nationally, there is approximately $3.7 trillion of state and local government debt outstanding. Of all outstanding state and local government debt, approximately 75 percent is held by households and mutual funds owned predominantly by households. State governments, local governments, and their stakeholders benefit from better data about public debt. Transparency on public debt promotes better government and market integrity. It is in the interest of the people that state and local agencies utilize technological opportunities to provide transparency to the public. (c) State and local agencies should adopt comprehensive written debt management policies pursuant to the recommendation of the Government Finance Officers Association, a professional organization of over 18,000 public officials united to enhance and promote the professional management of governmental financial resources. These policies should reflect local, state, and federal laws and regulations. (d) It is the intent of the Legislature that all debt issuance of state and of local governments be published in a single, transparent online database that allows the citizens of California to analyze, interpret, and understand how debt authorized by the public is utilized to finance facilities and services at the state and local level. SEC. 2. Section 8855 of the Government Code is amended to read: 8855. (a) There is created the California Debt and Investment Advisory Commission, consisting of nine members, selected as follows: (1) The Treasurer, or his or her designee. (2) The Governor or the Director of Finance. (3) The Controller, or his or her designee. (4) Two local government finance officers appointed by the Treasurer, one each from among persons employed by a county and by a city or a city and county of this state, experienced in the issuance and sale of municipal bonds and nominated by associations affiliated with these agencies. (5) Two Members of the Assembly appointed by the Speaker of the Assembly. (6) Two Members of the Senate appointed by the Senate Committee on Rules. (b) (1) The term of office of an appointed member is four years, but appointed members serve at the pleasure of the appointing power. In case of a vacancy for any cause, the appointing power shall make an appointment to become effective immediately for the unexpired term. (2) Any legislators appointed to the commission shall meet with and participate in the activities of the commission to the extent that the participation is not incompatible with their respective positions as Members of the Legislature. For purposes of this chapter, the Members of the Legislature shall constitute a joint interim legislative committee on the subject of this chapter. (c) The Treasurer shall serve as chairperson of the commission and shall preside at meetings of the commission. (d) Appointed members of the commission shall not receive a salary, but shall be entitled to a per diem allowance of fifty dollars ($50) for each day’s attendance at a meeting of the commission not to exceed three hundred dollars ($300) in any month, and reimbursement for expenses incurred in the performance of their duties under this chapter, including travel and other necessary expenses. (e) The commission may adopt bylaws for the regulation of its affairs and the conduct of its business. (f) The commission shall meet on the call of the chairperson, at the request of a majority of the members, or at the request of the Governor. A majority of all nonlegislative members of the commission constitutes a quorum for the transaction of business. (g) The office of the Treasurer shall furnish all administrative assistance required by the commission. (h) The commission shall do all of the following: (1) Assist all state financing authorities and commissions in carrying out their responsibilities as prescribed by law, including assistance with respect to federal legislation pending in Congress. (2) Upon request of any state or local government units, to assist them in the planning, preparation, marketing, and sale of debt issues to reduce cost and to assist in protecting the issuer’s credit. (3) Collect, maintain, and provide comprehensive information on all state and all local debt authorization and issuance, track and report on all state and local outstanding debt until fully repaid or redeemed, and serve as a statistical clearinghouse for all state and local debt. This information shall be available to the public. (4) Maintain contact with state and municipal bond issuers, underwriters, credit rating agencies, investors, and others to improve the market for state and local government debt issues. (5) Undertake or commission studies on methods to reduce the costs and improve credit ratings of state and local issues. (6) Recommend changes in state laws and local practices to improve the sale and servicing of state and local debts. (7) Establish a continuing education program for local officials having direct or supervisory responsibility over municipal investments and debt issuance. The commission shall undertake these and any other activities necessary to disclose investment and debt issuance practices and strategies that may be conducive for oversight purposes. (8) Collect, maintain, and provide information on local agency investments of public funds for local agency investment. (9) Publish a monthly newsletter describing and evaluating the operations of the commission during the preceding month. (i) (1) The issuer of any proposed debt issue of state or local government shall, no later than 30 days prior to the sale of any debt issue, submit a report of the proposed issuance to the commission by any method approved by the commission. This subdivision shall also apply to any nonprofit public benefit corporation incorporated for the purpose of acquiring student loans. The commission may require information to be submitted in the report of proposed debt issuance that it considers appropriate. Failure to submit the report shall not affect the validity of the sale. The report of proposed debt issuance shall include a certification by the issuer that it has adopted local debt policies concerning the use of debt and that the contemplated debt issuance is consistent with those local debt policies. A local debt policy shall include all of the following: (A) The purposes for which the debt proceeds may be used. (B) The types of debt that may be issued. (C) The relationship of the debt to, and integration with, the issuer’s capital improvement program or budget, if applicable. (D) Policy goals related to the issuer’s planning goals and objectives. (E) The internal control procedures that the issuer has implemented, or will implement, to ensure that the proceeds of the proposed debt issuance will be directed to the intended use. (2) In the case of an issue of bonds the proceeds of which will be used by a governmental entity other than the issuer, the issuer may rely upon a certification by that other governmental entity that it has adopted the policies described in subparagraphs (C), (D), and (E) of paragraph (1), and references to the “issuer” in those subparagraphs shall be deemed to refer instead to the other governmental entity. (j) The issuer of any debt issue of state or local government, not later than 21 days after the sale of the debt, shall submit a report of final sale to the commission by any method approved by the commission. A copy of the final official statement for the issue shall accompany the report of final sale. If there is no official statement, the issuer shall provide each of the following documents, if they exist, along with the report of final sale: (1) Other disclosure document. (2) Indenture. (3) Installment sales agreement. (4) Loan agreement. (5) Promissory note. (6) Bond purchase contract. (7) Resolution authorizing the issue. (8) Bond specimen. The commission may require information to be submitted in the report of final sale that it considers appropriate. The issuer may redact confidential information contained in the documents if the redacted information is not information that is otherwise required to be reported to the commission. (k) (1) A public agency, whether state or local, shall submit an annual report for any issue of debt for which it has submitted a report of final sale pursuant to subdivision (j) on or after January 21, 2017. The annual report shall cover a reporting period from July 1 to June 30, inclusive, and shall be submitted no later than seven months after the end of the reporting period by any method approved by the commission. Before approving any annual method of reporting pursuant to this subdivision, the commission shall consult with appropriate state and local debt issuers and organizations representing debt issuers for purposes that shall include, but not be limited to, making a proposed reporting method more efficient and less burdensome for issuers. The annual report shall consist of the following information: (A) Debt authorized during the reporting period, which shall include the following: (i) Debt authorized at the beginning of the reporting period. (ii) Debt authorized and issued during the reporting period. (iii) Debt authorized but not issued at the end of the reporting period. (iv) Debt authority that has lapsed during the reporting period. (B) Debt outstanding during the reporting period, which shall include the following: (i) Principal balance at the beginning of the reporting period. (ii) Principal paid during the reporting period. (iii) Principal outstanding at the end of the reporting period. (C) The use of proceeds of issued debt during the reporting period, which shall include the following: (i) Debt proceeds available at the beginning of the reporting period. (ii) Proceeds spent during the reporting period and the purposes for which it was spent. (iii) Debt proceeds remaining at the end of the reporting period. (2) Compliance with this subdivision shall be required for each issue of debt with outstanding debt, debt that has been authorized but not issued, or both, during the reporting period. (3) The commission may, if technology permits, develop an alternate reporting method, provided that any alternate reporting method is in furtherance of the purpose of collecting the data required by this subdivision. Before approving any alternate annual method of reporting pursuant to this subdivision, the commission shall consult with appropriate state and local debt issuers and organizations representing debt issuers for purposes that shall include, but not be limited to, making a proposed reporting method more efficient and less burdensome for issuers.

Existing law establishes the California Debt and Investment Advisory Commission to, among other things, maintain contact with state and municipal bond issuers, underwriters, investors, and credit rating agencies to improve the market for state and local government debt issues and to assist state and local governments to prepare, market, and sell their debt issues. Existing law requires the commission to collect, maintain, and provide comprehensive information on all state and all local debt authorization and issuance and to serve as a statistical clearinghouse for all state and local debt issuance. This bill would additionally require the commission to track and report on all state and local outstanding debt until fully repaid or redeemed. Existing law requires the issuer of debt of state or local government to submit reports to the commission, within specified timeframes, of the proposed issuance of debt and of final sale, as provided. This bill would require that the report of proposed debt include a certification by the issuer that it has adopted local debt policies, which include specified provisions concerning the use of debt and that the contemplated debt issuance is consistent with those local debt policies. This bill would also require a state or local public agency to submit an annual report for any issue of debt for which it has submitted a report of final sale on or after January 21, 2017. The bill would require the annual report to cover a reporting period of July 1 to June 30, inclusive, and to include specified information about debt issued and outstanding and the use of proceeds from debt during the reporting period. The bill would require that the report be submitted within 7 months after the end of the reporting period by any method approved by the commission. The bill would require the commission to consult with appropriate state and local debt issuers and organizations representing debt issuers prior to approving any annual method of reporting pursuant to these provisions, as provided. This bill would make various findings and declarations regarding its provisions.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. The Legislature hereby finds and declares all of the following: (a) California’s 4,200 units of local government have issued $1.5 trillion in debt since 1984. The California Debt and Investment Advisory Commission (CDIAC) was created in 1982 to provide information, education, and technical assistance on debt issuance and investments to local public agencies and other public finance professionals. Over the past three decades, CDIAC has emerged as a national thought leader in public finance. (b) Nationally, there is approximately $3.7 trillion of state and local government debt outstanding. Of all outstanding state and local government debt, approximately 75 percent is held by households and mutual funds owned predominantly by households. State governments, local governments, and their stakeholders benefit from better data about public debt. Transparency on public debt promotes better government and market integrity. It is in the interest of the people that state and local agencies utilize technological opportunities to provide transparency to the public. (c) State and local agencies should adopt comprehensive written debt management policies pursuant to the recommendation of the Government Finance Officers Association, a professional organization of over 18,000 public officials united to enhance and promote the professional management of governmental financial resources. These policies should reflect local, state, and federal laws and regulations. (d) It is the intent of the Legislature that all debt issuance of state and of local governments be published in a single, transparent online database that allows the citizens of California to analyze, interpret, and understand how debt authorized by the public is utilized to finance facilities and services at the state and local level. SEC. 2. Section 8855 of the Government Code is amended to read: 8855. (a) There is created the California Debt and Investment Advisory Commission, consisting of nine members, selected as follows: (1) The Treasurer, or his or her designee. (2) The Governor or the Director of Finance. (3) The Controller, or his or her designee. (4) Two local government finance officers appointed by the Treasurer, one each from among persons employed by a county and by a city or a city and county of this state, experienced in the issuance and sale of municipal bonds and nominated by associations affiliated with these agencies. (5) Two Members of the Assembly appointed by the Speaker of the Assembly. (6) Two Members of the Senate appointed by the Senate Committee on Rules. (b) (1) The term of office of an appointed member is four years, but appointed members serve at the pleasure of the appointing power. In case of a vacancy for any cause, the appointing power shall make an appointment to become effective immediately for the unexpired term. (2) Any legislators appointed to the commission shall meet with and participate in the activities of the commission to the extent that the participation is not incompatible with their respective positions as Members of the Legislature. For purposes of this chapter, the Members of the Legislature shall constitute a joint interim legislative committee on the subject of this chapter. (c) The Treasurer shall serve as chairperson of the commission and shall preside at meetings of the commission. (d) Appointed members of the commission shall not receive a salary, but shall be entitled to a per diem allowance of fifty dollars ($50) for each day’s attendance at a meeting of the commission not to exceed three hundred dollars ($300) in any month, and reimbursement for expenses incurred in the performance of their duties under this chapter, including travel and other necessary expenses. (e) The commission may adopt bylaws for the regulation of its affairs and the conduct of its business. (f) The commission shall meet on the call of the chairperson, at the request of a majority of the members, or at the request of the Governor. A majority of all nonlegislative members of the commission constitutes a quorum for the transaction of business. (g) The office of the Treasurer shall furnish all administrative assistance required by the commission. (h) The commission shall do all of the following: (1) Assist all state financing authorities and commissions in carrying out their responsibilities as prescribed by law, including assistance with respect to federal legislation pending in Congress. (2) Upon request of any state or local government units, to assist them in the planning, preparation, marketing, and sale of debt issues to reduce cost and to assist in protecting the issuer’s credit. (3) Collect, maintain, and provide comprehensive information on all state and all local debt authorization and issuance, track and report on all state and local outstanding debt until fully repaid or redeemed, and serve as a statistical clearinghouse for all state and local debt. This information shall be available to the public. (4) Maintain contact with state and municipal bond issuers, underwriters, credit rating agencies, investors, and others to improve the market for state and local government debt issues. (5) Undertake or commission studies on methods to reduce the costs and improve credit ratings of state and local issues. (6) Recommend changes in state laws and local practices to improve the sale and servicing of state and local debts. (7) Establish a continuing education program for local officials having direct or supervisory responsibility over municipal investments and debt issuance. The commission shall undertake these and any other activities necessary to disclose investment and debt issuance practices and strategies that may be conducive for oversight purposes. (8) Collect, maintain, and provide information on local agency investments of public funds for local agency investment. (9) Publish a monthly newsletter describing and evaluating the operations of the commission during the preceding month. (i) (1) The issuer of any proposed debt issue of state or local government shall, no later than 30 days prior to the sale of any debt issue, submit a report of the proposed issuance to the commission by any method approved by the commission. This subdivision shall also apply to any nonprofit public benefit corporation incorporated for the purpose of acquiring student loans. The commission may require information to be submitted in the report of proposed debt issuance that it considers appropriate. Failure to submit the report shall not affect the validity of the sale. The report of proposed debt issuance shall include a certification by the issuer that it has adopted local debt policies concerning the use of debt and that the contemplated debt issuance is consistent with those local debt policies. A local debt policy shall include all of the following: (A) The purposes for which the debt proceeds may be used. (B) The types of debt that may be issued. (C) The relationship of the debt to, and integration with, the issuer’s capital improvement program or budget, if applicable. (D) Policy goals related to the issuer’s planning goals and objectives. (E) The internal control procedures that the issuer has implemented, or will implement, to ensure that the proceeds of the proposed debt issuance will be directed to the intended use. (2) In the case of an issue of bonds the proceeds of which will be used by a governmental entity other than the issuer, the issuer may rely upon a certification by that other governmental entity that it has adopted the policies described in subparagraphs (C), (D), and (E) of paragraph (1), and references to the “issuer” in those subparagraphs shall be deemed to refer instead to the other governmental entity. (j) The issuer of any debt issue of state or local government, not later than 21 days after the sale of the debt, shall submit a report of final sale to the commission by any method approved by the commission. A copy of the final official statement for the issue shall accompany the report of final sale. If there is no official statement, the issuer shall provide each of the following documents, if they exist, along with the report of final sale: (1) Other disclosure document. (2) Indenture. (3) Installment sales agreement. (4) Loan agreement. (5) Promissory note. (6) Bond purchase contract. (7) Resolution authorizing the issue. (8) Bond specimen. The commission may require information to be submitted in the report of final sale that it considers appropriate. The issuer may redact confidential information contained in the documents if the redacted information is not information that is otherwise required to be reported to the commission. (k) (1) A public agency, whether state or local, shall submit an annual report for any issue of debt for which it has submitted a report of final sale pursuant to subdivision (j) on or after January 21, 2017. The annual report shall cover a reporting period from July 1 to June 30, inclusive, and shall be submitted no later than seven months after the end of the reporting period by any method approved by the commission. Before approving any annual method of reporting pursuant to this subdivision, the commission shall consult with appropriate state and local debt issuers and organizations representing debt issuers for purposes that shall include, but not be limited to, making a proposed reporting method more efficient and less burdensome for issuers. The annual report shall consist of the following information: (A) Debt authorized during the reporting period, which shall include the following: (i) Debt authorized at the beginning of the reporting period. (ii) Debt authorized and issued during the reporting period. (iii) Debt authorized but not issued at the end of the reporting period. (iv) Debt authority that has lapsed during the reporting period. (B) Debt outstanding during the reporting period, which shall include the following: (i) Principal balance at the beginning of the reporting period. (ii) Principal paid during the reporting period. (iii) Principal outstanding at the end of the reporting period. (C) The use of proceeds of issued debt during the reporting period, which shall include the following: (i) Debt proceeds available at the beginning of the reporting period. (ii) Proceeds spent during the reporting period and the purposes for which it was spent. (iii) Debt proceeds remaining at the end of the reporting period. (2) Compliance with this subdivision shall be required for each issue of debt with outstanding debt, debt that has been authorized but not issued, or both, during the reporting period. (3) The commission may, if technology permits, develop an alternate reporting method, provided that any alternate reporting method is in furtherance of the purpose of collecting the data required by this subdivision. Before approving any alternate annual method of reporting pursuant to this subdivision, the commission shall consult with appropriate state and local debt issuers and organizations representing debt issuers for purposes that shall include, but not be limited to, making a proposed reporting method more efficient and less burdensome for issuers. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 5343.5 of the Food and Agricultural Code is amended to read: 5343.5. At any inspection station maintained at or near the California border by the director pursuant to Section 5341, the following sign shall be conspicuously posted in block letters not less than four inches in height: “NOTICE: IF YOU ARE A CALIFORNIA RESIDENT, CALIFORNIA LAW AND THE FEDERAL GUN CONTROL ACT MAY PROHIBIT YOU FROM BRINGING WITH YOU INTO THIS STATE FIREARMS THAT YOU ACQUIRED OUTSIDE OF THIS STATE. IN ADDITION, IF YOU ARE A NEW CALIFORNIA RESIDENT, STATE LAW REGULATES YOUR BRINGING INTO CALIFORNIA HANDGUNS AND OTHER DESIGNATED FIREARMS AND MANDATES THAT SPECIFIC PROCEDURES BE FOLLOWED. IF YOU HAVE ANY QUESTIONS ABOUT THE PROCEDURES TO BE FOLLOWED IN BRINGING FIREARMS INTO CALIFORNIA OR TRANSFERRING FIREARMS WITHIN CALIFORNIA, YOU SHOULD CONTACT THE CALIFORNIA DEPARTMENT OF JUSTICE OR A LOCAL CALIFORNIA LAW ENFORCEMENT AGENCY.” SEC. 2. SECTION 1. Section 803 of the Penal Code is amended to read: 803. (a) Except as provided in this section, a limitation of time prescribed in this chapter is not tolled or extended for any reason. (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. (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: (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. (2) A violation of Section 72, 118, 118a, 132, 134, or 186.10. (3) A violation of Section 25540, of any type, or Section 25541 of the Corporations Code. (4) A violation of Section 1090 or 27443 of the Government Code. (5) Felony welfare fraud or Medi-Cal fraud in violation of Section 11483 or 14107 of the Welfare and Institutions Code. (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. (7) A violation of Section 580, 581, 582, 583, or 584 of the Business and Professions Code. (8) A violation of Section 22430 of the Business and Professions Code. (9) A violation of Section 103800 of the Health and Safety Code. (10) A violation of Section 529a. (11) A violation of subdivision (d) or (e) of Section 368. (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. (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. (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. (2) This subdivision applies only if all of the following occur: (A) The limitation period specified in Section 800, 801, or 801.1, whichever is later, has expired. (B) The crime involved substantial sexual conduct, as described in subdivision (b) of Section 1203.066, excluding masturbation that is not mutual. (C) There is independent evidence that corroborates the victim’s 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’s allegation. (3) No evidence may be used to corroborate the victim’s allegation that otherwise would be inadmissible during trial. Independent evidence does not include the opinions of mental health professionals. (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. (B) Nothing in this subdivision affects the definition or applicability of any evidentiary privilege. (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. (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: (A) The crime is one that is described in subdivision (c) of Section 290. (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. (2) For purposes of this section, “DNA” means deoxyribonucleic acid. (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. (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. (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. (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. (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. (m) A limitation of time prescribed in this chapter does not commence to run until one year from the discovery of of, but in no event later than five years after the commission of, a violation of Section 27500, 27505, 27510, 27515, 27520, 27545, 27560, 27565, 27585, subdivision (a), (c), (d), (e), or (f) of Section 27540, or the discovery of the supplying, selling, giving, or allowing possession or control of a firearm in violation of Section 8101 of the Welfare and Institutions Code. or 27515.

Existing law requires the Secretary of Food and Agriculture to maintain quarantine inspection stations. Existing law requires that a sign be conspicuously posted at any inspection station maintained at or near the California border stating that the federal Gun Control Act of 1968 may prohibit persons from bringing firearms into the state that were acquired outside of the state. The bill would require that these inspection station signs also state that California law may prohibit a person from bringing a firearm into the state that was acquired outside of the state. Existing law prescribes the statute of limitations for filing various criminal complaints. This bill would provide that, notwithstanding any other statute of limitation for filing a criminal complaint, the limitation of time would not commence until one year after discovery of of, but in no event later than 5 years after the commission of, the violation for specified offense involving the transfer of firearms, including, among others, violating prohibitions against transferring a firearm to a person who is prohibited from possessing a firearm, and transferring a firearm to a minor or a handgun to a person under 21 years of age, and failing to complete a firearm transfer through a firearms dealer as required. age. Existing law generally regulates the sale and transfer of firearms. Existing law requires a firearms transaction conducted by a firearms dealer to include, among other things, a background check of the purchaser, and certain personal information about the purchaser to be submitted to the department. Existing law requires a firearm transfer between 2 persons, neither of whom are a firearms dealer, to be conducted through a dealer. Similarly, existing law requires a person who imports or transports a firearm into this state that was obtained outside of the state to have the firearm delivered to a dealer for delivery to that person. This bill would provide a return process for firearms obtained under the circumstances described above and in violation of the requirement that a firearms dealer conduct the transfer. The bill would require the owner of the firearm to deliver the firearm to a firearms dealer, who would report taking possession of the firearm to the department, and would require the firearm to be returned to the prior owner after a background check and other requirements that apply to a firearms transaction conducted by a dealer have been met. A violation of these provisions by a dealer would be a misdemeanor. By creating a new crime, this bill would impose a state-mandated local program. The bill would make conforming changes to other provisions of law relating to records of firearms transactions kept by the department and a firearms dealer. The bill would, for firearms complying with those return provisions, make conforming changes to other provisions of law that provide exceptions from various prohibitions, including, among others, exceptions to the prohibition against carrying a concealed firearm, to the prohibition against openly carrying a firearm, and to carrying a firearm that is not a handgun in public. The bill would, for firearms returned pursuant to the return provisions, also make exceptions to other provisions of law requiring firearm safety devices, firearm safety certificates, and regulating unsafe handguns. Existing law makes it a crime for a person, corporation, or firm to sell, loan, or transfer a firearm to a minor or sell a handgun to an individual under 21 years of age. Existing law makes it a crime for a firearms dealer to supply, deliver, or give possession or control of a handgun to any person under 21 years of age, or any other firearm to a person under 18 years of age. Existing law makes these crimes punishable as a misdemeanor, except that in the case of a handgun the crimes are punishable as a misdemeanor or a felony, as specified. This bill would make these crimes punishable as a misdemeanor or felony, as specified, in the case of a centerfire semiautomatic rifle. Existing law, subject to exceptions, requires a firearms dealer to comply with certain requirements when delivering a firearm to a person, including, among others, that the firearm is not delivered within 10 days of the application to purchase and is not delivered to a person that the Department of Justice has notified the dealer is prohibited from receiving a firearm. Existing law makes a violation of these provisions a misdemeanor, except that in the case of a handgun the violation is a misdemeanor or a felony, as specified. This bill would make a violation of those provisions, in the case of a centerfire semiautomatic rifle, punishable as a misdemeanor or a felony, as specified. By creating new crimes, this bill would impose a state-mandated local program. Existing law requires reports of ownership be filed within certain grace periods for firearms brought or imported into the state by a personal firearms importer or licensed collector. Existing law makes a violation of these provisions a misdemeanor. This bill would make a violation of those provisions, in the case of a handgun, punishable as a misdemeanor or a felony. By increasing the penalty for an existing offense, this bill would impose a state-mandated local program. The bill would provide that the violations of failing to process a firearms transaction through a dealer when neither party to the transaction is a dealer, and of importing a firearm without it going to a dealer for delivery to the importer would not apply if the only evidence of the violation arises because of information supplied to the Department of Justice in connection with the return process described above. Existing law prohibits a person, corporation, or dealer from acquiring a firearm for the purpose of selling, loaning, or transferring the firearm if the dealer has the intent to transfer the firearm to a minor or to evade specified requirements on the transfer of firearms, or in the case of a person, if the person intends to violate the requirement that the transaction be conducted through a licensed firearms dealer. A violation of these provisions is punishable as a misdemeanor or a felony. This bill would similarly prohibit a person, corporation, or dealer from transporting a firearm or bringing a firearm into this state for the purpose of selling, loaning, or transferring the firearm with the intent specified above. By expanding the definition of a crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 5343.5 of the Food and Agricultural Code is amended to read: 5343.5. At any inspection station maintained at or near the California border by the director pursuant to Section 5341, the following sign shall be conspicuously posted in block letters not less than four inches in height: “NOTICE: IF YOU ARE A CALIFORNIA RESIDENT, CALIFORNIA LAW AND THE FEDERAL GUN CONTROL ACT MAY PROHIBIT YOU FROM BRINGING WITH YOU INTO THIS STATE FIREARMS THAT YOU ACQUIRED OUTSIDE OF THIS STATE. IN ADDITION, IF YOU ARE A NEW CALIFORNIA RESIDENT, STATE LAW REGULATES YOUR BRINGING INTO CALIFORNIA HANDGUNS AND OTHER DESIGNATED FIREARMS AND MANDATES THAT SPECIFIC PROCEDURES BE FOLLOWED. IF YOU HAVE ANY QUESTIONS ABOUT THE PROCEDURES TO BE FOLLOWED IN BRINGING FIREARMS INTO CALIFORNIA OR TRANSFERRING FIREARMS WITHIN CALIFORNIA, YOU SHOULD CONTACT THE CALIFORNIA DEPARTMENT OF JUSTICE OR A LOCAL CALIFORNIA LAW ENFORCEMENT AGENCY.” SEC. 2. SECTION 1. Section 803 of the Penal Code is amended to read: 803. (a) Except as provided in this section, a limitation of time prescribed in this chapter is not tolled or extended for any reason. (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. (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: (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. (2) A violation of Section 72, 118, 118a, 132, 134, or 186.10. (3) A violation of Section 25540, of any type, or Section 25541 of the Corporations Code. (4) A violation of Section 1090 or 27443 of the Government Code. (5) Felony welfare fraud or Medi-Cal fraud in violation of Section 11483 or 14107 of the Welfare and Institutions Code. (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. (7) A violation of Section 580, 581, 582, 583, or 584 of the Business and Professions Code. (8) A violation of Section 22430 of the Business and Professions Code. (9) A violation of Section 103800 of the Health and Safety Code. (10) A violation of Section 529a. (11) A violation of subdivision (d) or (e) of Section 368. (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. (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. (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. (2) This subdivision applies only if all of the following occur: (A) The limitation period specified in Section 800, 801, or 801.1, whichever is later, has expired. (B) The crime involved substantial sexual conduct, as described in subdivision (b) of Section 1203.066, excluding masturbation that is not mutual. (C) There is independent evidence that corroborates the victim’s 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’s allegation. (3) No evidence may be used to corroborate the victim’s allegation that otherwise would be inadmissible during trial. Independent evidence does not include the opinions of mental health professionals. (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. (B) Nothing in this subdivision affects the definition or applicability of any evidentiary privilege. (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. (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: (A) The crime is one that is described in subdivision (c) of Section 290. (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. (2) For purposes of this section, “DNA” means deoxyribonucleic acid. (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. (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. (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. (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. (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. (m) A limitation of time prescribed in this chapter does not commence to run until one year from the discovery of of, but in no event later than five years after the commission of, a violation of Section 27500, 27505, 27510, 27515, 27520, 27545, 27560, 27565, 27585, subdivision (a), (c), (d), (e), or (f) of Section 27540, or the discovery of the supplying, selling, giving, or allowing possession or control of a firearm in violation of Section 8101 of the Welfare and Institutions Code. or 27515. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 87408.6 of the Education Code is amended to read: 87408.6. (a) (1) Except as provided in subdivision (h), a person shall not be initially employed by a community college district in an academic or classified position unless the person has within the last 60 days submitted to a tuberculosis risk assessment developed by the State Department of Public Health and the California Tuberculosis Controllers Association and, if risk factors are present, an examination to determine that he or she is free of active tuberculosis, by a physician and surgeon licensed under Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code or a physician assistant practicing in compliance with Chapter 7.7 (commencing with Section 3500) of Division 2 of the Business and Professions Code. This examination shall consist of an approved intradermal tuberculin test or any other test for tuberculosis infection recommended by the federal Centers for Disease Control and Prevention (CDC) and licensed by the federal Food and Drug Administration (FDA), that, if positive, shall be followed by an X-ray of the lungs. (2) The X-ray film may be taken by a competent and qualified X-ray technician if the X-ray film is subsequently interpreted by a physician and surgeon licensed under Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code. (3) The district superintendent, or his or her designee, may exempt, for a period not to exceed 60 days following termination of the pregnancy, a pregnant employee from the requirement that a positive intradermal tuberculin test be followed by an X-ray of the lungs. (b) Thereafter, employees who are skin test negative, or negative by any other test recommended by the CDC and licensed by the FDA, or were not tested because of a lack of risk factors, shall be required to undergo the foregoing tuberculosis risk assessment and, if risk factors exist, examination at least once each four years or more often if directed by the governing board upon recommendation of the local health officer for so long as the employee remains test negative by either the tuberculin skin test or any other test recommended by the CDC and licensed by the FDA. Once an employee has a documented positive skin test or any other test that has been recommended by the CDC and licensed by the FDA that has been followed by an X-ray, the foregoing tuberculosis risk assessments and examinations shall no longer be required, and referral shall be made within 30 days of completion of the examination to the local health officer to determine the need for followup care. (c) If risk factors were present at the tuberculosis risk assessment and an examination occurs, after the examination an employee shall cause to be on file with the district superintendent a certificate from the examining physician and surgeon or physician assistant showing the employee was examined and found free from active tuberculosis. “Certificate,” as used in this subdivision, means a certificate signed by the examining physician and surgeon or physician assistant, or a notice from a public health agency or unit of the American Lung Association that indicates freedom from active tuberculosis. The latter, regardless of form, shall constitute evidence of compliance with this section. (d) This tuberculosis risk assessment and, if risk factors are present, examination is a condition of initial employment and the expense incident thereto shall be borne by the applicant unless otherwise provided by rules of the governing board. However, the board may, if an applicant is accepted for employment, reimburse the person in a like manner prescribed for employees in subdivision (e). (e) The governing board of each district shall reimburse the employee for the cost, if any, of the examination. The board may provide for the examination required by this section or may establish a reasonable fee for the examination that is reimbursable to employees of the district complying with this section. (f) (1) At the discretion of the governing board, this section does not apply to those employees not requiring certification qualifications who are employed for any period of time less than a college year whose functions do not require frequent or prolonged contact with students. (2) The governing board may, however, require the tuberculosis risk assessment and, if risk factors are present, examination and may, as a contract condition, require the assessment and examination of persons employed under contract, other than those persons specified in subdivision (a), if the board believes the presence of these persons in and around college premises would constitute a health hazard to students. (g) If the governing board of a community college district determines by resolution, after hearing, that the health of students in the district would not be jeopardized thereby, this section does not apply to any employee of the district who files an affidavit stating that he or she adheres to the faith or teachings of any well-recognized religious sect, denomination, or organization and in accordance with its creed, tenets, or principles depends for healing upon prayer in the practice of religion and that to the best of his or her knowledge and belief he or she is free from active tuberculosis. If at any time there should be probable cause to believe that the affiant is afflicted with active tuberculosis, he or she may be excluded from service until the governing board of the employing district is satisfied that he or she is not so afflicted. (h) (1) A person who transfers his or her employment from one campus or community college district to another shall be deemed to meet the requirements of subdivision (a) if the person can produce a certificate that shows that he or she within the past four years had a tuberculosis risk assessment that showed no risk factors were present or was examined and was found to be free of communicable tuberculosis, or if it is verified by the college previously employing him or her that it has a certificate on file that contains that showing. (2) A person who transfers his or her employment from a private or parochial elementary school, secondary school, or nursery school to the community college district subject to this section shall be deemed to meet the requirements of subdivision (a) if the person can produce a certificate as provided for in Section 121525 of the Health and Safety Code that shows that he or she within the last four years had a tuberculosis risk assessment that showed no risk factors were present or was examined and was found to be free of communicable tuberculosis, or if it is verified by the school previously employing him or her that it has the certificate on file. (i) (1) Any governing board of a community college district providing for the transportation of students under contract shall require as a condition of the contract the tuberculosis risk assessment and, if risk factors are present, examination for active tuberculosis, as provided in subdivision (a), of all drivers transporting the students. Privately contracted drivers who transport the students on an infrequent basis, not to exceed once a month, shall be excluded from this requirement. (2) Examinations required pursuant to this subdivision shall be made available without charge by the local health officer.

Existing law prohibits a person from being employed by a community college in an academic or classified position unless the person has submitted to a tuberculosis examination within the past 60 days to determine that he or she is free of active tuberculosis. This bill would instead prohibit employment unless the person, within 60 days, has submitted to a tuberculosis risk assessment and, if tuberculosis risk factors are identified, has undergone a tuberculosis examination.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 87408.6 of the Education Code is amended to read: 87408.6. (a) (1) Except as provided in subdivision (h), a person shall not be initially employed by a community college district in an academic or classified position unless the person has within the last 60 days submitted to a tuberculosis risk assessment developed by the State Department of Public Health and the California Tuberculosis Controllers Association and, if risk factors are present, an examination to determine that he or she is free of active tuberculosis, by a physician and surgeon licensed under Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code or a physician assistant practicing in compliance with Chapter 7.7 (commencing with Section 3500) of Division 2 of the Business and Professions Code. This examination shall consist of an approved intradermal tuberculin test or any other test for tuberculosis infection recommended by the federal Centers for Disease Control and Prevention (CDC) and licensed by the federal Food and Drug Administration (FDA), that, if positive, shall be followed by an X-ray of the lungs. (2) The X-ray film may be taken by a competent and qualified X-ray technician if the X-ray film is subsequently interpreted by a physician and surgeon licensed under Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code. (3) The district superintendent, or his or her designee, may exempt, for a period not to exceed 60 days following termination of the pregnancy, a pregnant employee from the requirement that a positive intradermal tuberculin test be followed by an X-ray of the lungs. (b) Thereafter, employees who are skin test negative, or negative by any other test recommended by the CDC and licensed by the FDA, or were not tested because of a lack of risk factors, shall be required to undergo the foregoing tuberculosis risk assessment and, if risk factors exist, examination at least once each four years or more often if directed by the governing board upon recommendation of the local health officer for so long as the employee remains test negative by either the tuberculin skin test or any other test recommended by the CDC and licensed by the FDA. Once an employee has a documented positive skin test or any other test that has been recommended by the CDC and licensed by the FDA that has been followed by an X-ray, the foregoing tuberculosis risk assessments and examinations shall no longer be required, and referral shall be made within 30 days of completion of the examination to the local health officer to determine the need for followup care. (c) If risk factors were present at the tuberculosis risk assessment and an examination occurs, after the examination an employee shall cause to be on file with the district superintendent a certificate from the examining physician and surgeon or physician assistant showing the employee was examined and found free from active tuberculosis. “Certificate,” as used in this subdivision, means a certificate signed by the examining physician and surgeon or physician assistant, or a notice from a public health agency or unit of the American Lung Association that indicates freedom from active tuberculosis. The latter, regardless of form, shall constitute evidence of compliance with this section. (d) This tuberculosis risk assessment and, if risk factors are present, examination is a condition of initial employment and the expense incident thereto shall be borne by the applicant unless otherwise provided by rules of the governing board. However, the board may, if an applicant is accepted for employment, reimburse the person in a like manner prescribed for employees in subdivision (e). (e) The governing board of each district shall reimburse the employee for the cost, if any, of the examination. The board may provide for the examination required by this section or may establish a reasonable fee for the examination that is reimbursable to employees of the district complying with this section. (f) (1) At the discretion of the governing board, this section does not apply to those employees not requiring certification qualifications who are employed for any period of time less than a college year whose functions do not require frequent or prolonged contact with students. (2) The governing board may, however, require the tuberculosis risk assessment and, if risk factors are present, examination and may, as a contract condition, require the assessment and examination of persons employed under contract, other than those persons specified in subdivision (a), if the board believes the presence of these persons in and around college premises would constitute a health hazard to students. (g) If the governing board of a community college district determines by resolution, after hearing, that the health of students in the district would not be jeopardized thereby, this section does not apply to any employee of the district who files an affidavit stating that he or she adheres to the faith or teachings of any well-recognized religious sect, denomination, or organization and in accordance with its creed, tenets, or principles depends for healing upon prayer in the practice of religion and that to the best of his or her knowledge and belief he or she is free from active tuberculosis. If at any time there should be probable cause to believe that the affiant is afflicted with active tuberculosis, he or she may be excluded from service until the governing board of the employing district is satisfied that he or she is not so afflicted. (h) (1) A person who transfers his or her employment from one campus or community college district to another shall be deemed to meet the requirements of subdivision (a) if the person can produce a certificate that shows that he or she within the past four years had a tuberculosis risk assessment that showed no risk factors were present or was examined and was found to be free of communicable tuberculosis, or if it is verified by the college previously employing him or her that it has a certificate on file that contains that showing. (2) A person who transfers his or her employment from a private or parochial elementary school, secondary school, or nursery school to the community college district subject to this section shall be deemed to meet the requirements of subdivision (a) if the person can produce a certificate as provided for in Section 121525 of the Health and Safety Code that shows that he or she within the last four years had a tuberculosis risk assessment that showed no risk factors were present or was examined and was found to be free of communicable tuberculosis, or if it is verified by the school previously employing him or her that it has the certificate on file. (i) (1) Any governing board of a community college district providing for the transportation of students under contract shall require as a condition of the contract the tuberculosis risk assessment and, if risk factors are present, examination for active tuberculosis, as provided in subdivision (a), of all drivers transporting the students. Privately contracted drivers who transport the students on an infrequent basis, not to exceed once a month, shall be excluded from this requirement. (2) Examinations required pursuant to this subdivision shall be made available without charge by the local health officer. ### Summary: This text is a bill that was passed by the California State Assembly and Senate and signed into law by the Governor. It amends the Education Code to require community college

The people of the State of California do enact as follows: SECTION 1. Section 40240 of the Vehicle Code is amended to read: 40240. (a) Subject to subdivision (g), the City and County of San Francisco and the Alameda-Contra Costa Transit District may install automated forward facing parking control devices on city-owned or district-owned public transit vehicles, as defined by Section 99211 of the Public Utilities Code, for the purpose of video imaging of parking violations occurring in transit-only traffic lanes. Citations shall be issued only for violations captured during the posted hours of operation for a transit-only traffic lane. The devices shall be angled and focused so as to capture video images of parking violations and not unnecessarily capture identifying images of other drivers, vehicles, and pedestrians. The devices shall record the date and time of the violation at the same time as the video images are captured. (b) Prior to issuing notices of parking violations pursuant to subdivision (a) of Section 40241, the City and County of San Francisco and the Alameda-Contra Costa Transit District shall commence a program to issue only warning notices for 30 days. The City and County of San Francisco and the Alameda-Contra Costa Transit District shall also make a public announcement of the program at least 30 days prior to commencement of issuing notices of parking violations. (c) A designated employee of the City and County of San Francisco, or a contracted law enforcement agency for the Alameda-Contra Costa Transit District, who is qualified by the city and county or the district to issue parking citations, shall review video image recordings for the purpose of determining whether a parking violation occurred in a transit-only traffic lane. A violation of a statute, regulation, or ordinance governing vehicle parking under this code, under a federal or state statute or regulation, or under an ordinance enacted by the City and County of San Francisco or the Alameda-Contra Costa Transit District occurring in a transit-only traffic lane observed by the designated employee in the recordings is subject to a civil penalty. (d) The registered owner shall be permitted to review the video image evidence of the alleged violation during normal business hours at no cost. (e) (1) Except as it may be included in court records described in Section 68152 of the Government Code, or as provided in paragraph (2), the video image evidence may be retained for up to six months from the date the information was first obtained, or 60 days after final disposition of the citation, whichever date is later, after which time the information shall be destroyed. (2) Notwithstanding Section 26202.6 of the Government Code, video image evidence from forward facing automated enforcement devices that does not contain evidence of a parking violation occurring in a transit-only traffic lane shall be destroyed within 15 days after the information was first obtained. (f) Notwithstanding Section 6253 of the Government Code, or any other law, the video image records are confidential. Public agencies shall use and allow access to these records only for the purposes authorized by this article. (g) The authority for the Alameda-Contra Costa Transit District to implement an automated enforcement system to enforce parking violations occurring in transit-only traffic lanes exists only until January 1, 2022. (h) The following definitions shall apply for purposes of this article: (1) “Local agency” means the City and County of San Francisco and the Alameda-Contra Costa Transit District. (2) “Transit-only traffic lane” means any designated transit-only lane on which use is restricted to mass transit vehicles, or other designated vehicles including taxis and vanpools, during posted times. SEC. 2. Section 40240.5 is added to the Vehicle Code, to read: 40240.5. (a) If the Alameda-Contra Costa Transit District implements an automated enforcement system to enforce parking violations occurring in transit-only traffic lanes pursuant to this article, the district shall provide to the transportation, privacy, and judiciary committees of the Legislature an evaluation report of the enforcement system’s effectiveness, impact on privacy, cost to implement, and generation of revenue, no later than January 1, 2021. (b) (1) A report submitted pursuant to this section shall be submitted notwithstanding Section 10231.5 of the Government Code. (2) A report submitted pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code. SEC. 3. Section 40241 of the Vehicle Code is amended to read: 40241. (a) A designated employee of the local agency, including a contracted law enforcement agency for the Alameda-Contra Costa Transit District, shall issue a notice of parking violation to the registered owner of a vehicle within 15 calendar days of the date of the violation. The notice of parking violation shall set forth the violation of a statute, regulation, or ordinance governing vehicle parking under this code, under a federal or state statute or regulation, or under an ordinance enacted by the City and County of San Francisco or the Alameda-Contra Costa Transit District occurring in a transit-only traffic lane, a statement indicating that payment is required within 21 calendar days from the date of citation issuance, and the procedure for the registered owner, lessee, or rentee to deposit the parking penalty or contest the citation pursuant to Section 40215. The notice of parking violation shall also set forth the date, time, and location of the violation, the vehicle license number, registration expiration date, if visible, the color of the vehicle, and, if possible, the make of the vehicle. The notice of parking violation, or copy of the notice, shall be considered a record kept in the ordinary course of business of the City and County of San Francisco or the Alameda-Contra Costa Transit District and shall be prima facie evidence of the facts contained in the notice. The City and County of San Francisco or the Alameda-Contra Costa Transit District shall send information regarding the process for requesting review of the video image evidence along with the notice of parking violation. (b) The notice of parking violation shall be served by depositing the notice in the United States mail to the registered owner’s last known address listed with the Department of Motor Vehicles. Proof of mailing demonstrating that the notice of parking violation was mailed to that address shall be maintained by the local agency. If the registered owner, by appearance or by mail, makes payment to the processing agency or contests the violation within either 21 calendar days from the date of mailing of the citation, or 14 calendar days after the mailing of the notice of delinquent parking violation, the parking penalty shall consist solely of the amount of the original penalty. (c) If, within 21 days after the notice of parking violation is issued, the local agency determines that, in the interest of justice, the notice of parking violation should be canceled, the local agency shall cancel the notice of parking violation pursuant to subdivision (a) of Section 40215. The reason for the cancellation shall be set forth in writing. (d) Following an initial review by the local agency, and an administrative hearing, pursuant to Section 40215, a contestant may seek court review by filing an appeal pursuant to Section 40230. (e) The City and County of San Francisco or the contracted law enforcement agency for the Alameda-Contra Costa Transit District may contract with a private vendor for the processing of notices of parking violations and notices of delinquent violations. The City and County of San Francisco and the Alameda-Contra Costa Transit District shall maintain overall control and supervision of the program. SEC. 4. The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances relating to enforcing parking violations in the Alameda-Contra Costa Transit District. SEC. 5. The Legislature finds and declares that Section 1 of this act, which amends Section 40240 of the Vehicle Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest: In order to protect the individual privacy rights of those individuals depicted in video camera footage relating to parking violations, it is necessary that this act limit the public’s right of access to the images captured by an automated parking control device installed on Alameda-Contra Costa Transit District-owned public transit vehicles.

Existing law authorizes the City and County of San Francisco (San Francisco) to enforce parking violations in specified transit-only traffic lanes through the use of video imaging, and authorizes San Francisco to install automated forward facing parking control devices on city-owned public transit vehicles for the purpose of video imaging parking violations occurring in transit-only traffic lanes. Existing law requires a designated employee, who is qualified by San Francisco, to review video image recordings for the purpose of determining whether a parking violation occurred in a transit-only traffic lane, and to issue a notice of parking violation to a registered owner of a vehicle within 15 calendar days of the date of the violation. Existing laws makes these video image records confidential, and provides that these records are available only to public agencies to enforce parking violations. Existing law establishes the Alameda-Contra Costa Transit District. This bill would extend the provisions to the Alameda-Contra Costa Transit District, thereby authorizing the district to enforce parking violations in specified transit-only traffic lanes through the use of video imaging evidence and to install automated forward facing parking control devices on district-owned public transit vehicles. The bill would repeal the authority for the Alameda-Contra Costa Transit District to implement an automated enforcement system to enforce parking violations occurring in transit-only traffic lanes on January 1, 2022. This bill would require, under designated circumstances, the district and the City and County of San Francisco to submit to the transportation, privacy, and judiciary committees of the Legislature evaluations of the automated enforcement system’s effectiveness, impact on privacy, cost to implement, and generation of revenue, no later than January 1, 2021. This bill would make legislative findings and declarations as to the necessity of a special statute for the City and County of San Francisco and the Alameda-Contra Costa Transit District. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 40240 of the Vehicle Code is amended to read: 40240. (a) Subject to subdivision (g), the City and County of San Francisco and the Alameda-Contra Costa Transit District may install automated forward facing parking control devices on city-owned or district-owned public transit vehicles, as defined by Section 99211 of the Public Utilities Code, for the purpose of video imaging of parking violations occurring in transit-only traffic lanes. Citations shall be issued only for violations captured during the posted hours of operation for a transit-only traffic lane. The devices shall be angled and focused so as to capture video images of parking violations and not unnecessarily capture identifying images of other drivers, vehicles, and pedestrians. The devices shall record the date and time of the violation at the same time as the video images are captured. (b) Prior to issuing notices of parking violations pursuant to subdivision (a) of Section 40241, the City and County of San Francisco and the Alameda-Contra Costa Transit District shall commence a program to issue only warning notices for 30 days. The City and County of San Francisco and the Alameda-Contra Costa Transit District shall also make a public announcement of the program at least 30 days prior to commencement of issuing notices of parking violations. (c) A designated employee of the City and County of San Francisco, or a contracted law enforcement agency for the Alameda-Contra Costa Transit District, who is qualified by the city and county or the district to issue parking citations, shall review video image recordings for the purpose of determining whether a parking violation occurred in a transit-only traffic lane. A violation of a statute, regulation, or ordinance governing vehicle parking under this code, under a federal or state statute or regulation, or under an ordinance enacted by the City and County of San Francisco or the Alameda-Contra Costa Transit District occurring in a transit-only traffic lane observed by the designated employee in the recordings is subject to a civil penalty. (d) The registered owner shall be permitted to review the video image evidence of the alleged violation during normal business hours at no cost. (e) (1) Except as it may be included in court records described in Section 68152 of the Government Code, or as provided in paragraph (2), the video image evidence may be retained for up to six months from the date the information was first obtained, or 60 days after final disposition of the citation, whichever date is later, after which time the information shall be destroyed. (2) Notwithstanding Section 26202.6 of the Government Code, video image evidence from forward facing automated enforcement devices that does not contain evidence of a parking violation occurring in a transit-only traffic lane shall be destroyed within 15 days after the information was first obtained. (f) Notwithstanding Section 6253 of the Government Code, or any other law, the video image records are confidential. Public agencies shall use and allow access to these records only for the purposes authorized by this article. (g) The authority for the Alameda-Contra Costa Transit District to implement an automated enforcement system to enforce parking violations occurring in transit-only traffic lanes exists only until January 1, 2022. (h) The following definitions shall apply for purposes of this article: (1) “Local agency” means the City and County of San Francisco and the Alameda-Contra Costa Transit District. (2) “Transit-only traffic lane” means any designated transit-only lane on which use is restricted to mass transit vehicles, or other designated vehicles including taxis and vanpools, during posted times. SEC. 2. Section 40240.5 is added to the Vehicle Code, to read: 40240.5. (a) If the Alameda-Contra Costa Transit District implements an automated enforcement system to enforce parking violations occurring in transit-only traffic lanes pursuant to this article, the district shall provide to the transportation, privacy, and judiciary committees of the Legislature an evaluation report of the enforcement system’s effectiveness, impact on privacy, cost to implement, and generation of revenue, no later than January 1, 2021. (b) (1) A report submitted pursuant to this section shall be submitted notwithstanding Section 10231.5 of the Government Code. (2) A report submitted pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code. SEC. 3. Section 40241 of the Vehicle Code is amended to read: 40241. (a) A designated employee of the local agency, including a contracted law enforcement agency for the Alameda-Contra Costa Transit District, shall issue a notice of parking violation to the registered owner of a vehicle within 15 calendar days of the date of the violation. The notice of parking violation shall set forth the violation of a statute, regulation, or ordinance governing vehicle parking under this code, under a federal or state statute or regulation, or under an ordinance enacted by the City and County of San Francisco or the Alameda-Contra Costa Transit District occurring in a transit-only traffic lane, a statement indicating that payment is required within 21 calendar days from the date of citation issuance, and the procedure for the registered owner, lessee, or rentee to deposit the parking penalty or contest the citation pursuant to Section 40215. The notice of parking violation shall also set forth the date, time, and location of the violation, the vehicle license number, registration expiration date, if visible, the color of the vehicle, and, if possible, the make of the vehicle. The notice of parking violation, or copy of the notice, shall be considered a record kept in the ordinary course of business of the City and County of San Francisco or the Alameda-Contra Costa Transit District and shall be prima facie evidence of the facts contained in the notice. The City and County of San Francisco or the Alameda-Contra Costa Transit District shall send information regarding the process for requesting review of the video image evidence along with the notice of parking violation. (b) The notice of parking violation shall be served by depositing the notice in the United States mail to the registered owner’s last known address listed with the Department of Motor Vehicles. Proof of mailing demonstrating that the notice of parking violation was mailed to that address shall be maintained by the local agency. If the registered owner, by appearance or by mail, makes payment to the processing agency or contests the violation within either 21 calendar days from the date of mailing of the citation, or 14 calendar days after the mailing of the notice of delinquent parking violation, the parking penalty shall consist solely of the amount of the original penalty. (c) If, within 21 days after the notice of parking violation is issued, the local agency determines that, in the interest of justice, the notice of parking violation should be canceled, the local agency shall cancel the notice of parking violation pursuant to subdivision (a) of Section 40215. The reason for the cancellation shall be set forth in writing. (d) Following an initial review by the local agency, and an administrative hearing, pursuant to Section 40215, a contestant may seek court review by filing an appeal pursuant to Section 40230. (e) The City and County of San Francisco or the contracted law enforcement agency for the Alameda-Contra Costa Transit District may contract with a private vendor for the processing of notices of parking violations and notices of delinquent violations. The City and County of San Francisco and the Alameda-Contra Costa Transit District shall maintain overall control and supervision of the program. SEC. 4. The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances relating to enforcing parking violations in the Alameda-Contra Costa Transit District. SEC. 5. The Legislature finds and declares that Section 1 of this act, which amends Section 40240 of the Vehicle Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest: In order to protect the individual privacy rights of those individuals depicted in video camera footage relating to parking violations, it is necessary that this act limit the public’s right of access to the images captured by an automated parking control device installed on Alameda-Contra Costa Transit District-owned public transit vehicles. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 12927 of the Government Code is amended to read: 12927. As used in this part in connection with housing accommodations, unless a different meaning clearly appears from the context: (a) “Affirmative actions” 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. (b) “Conciliation council” 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. (c) (1) “Discrimination” 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’s 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. (2) “Discrimination” does not include either of the following: (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. (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. (d) “Housing accommodation” 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. (e) “Owner” 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. (f) “Person” 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 “owner” in subdivision (e) of this section, and all institutional third parties, including the Federal Home Loan Mortgage Corporation. (g) “Aggrieved person” 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. (h) “Real estate-related transactions” include any of the following: (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. (2) The selling, brokering, or appraising of residential real property. (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. (i) “Source of income” means lawful, verifiable income paid directly to a tenant or paid to a representative of a tenant. For the purposes of this definition, a landlord is not considered a representative of a tenant. 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). SECTION 1. SEC. 2. Section 12955 of the Government Code is amended to read: 12955. It shall be unlawful: (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. (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. (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. (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. (e) For any person, bank, mortgage company , or 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. (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’s 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. (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. (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. (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. (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. (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. (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. Discrimination 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. (m) As used in this section, “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,” 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) 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. (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. (p) (1) For the purposes of this section, “source of income” 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). (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. SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

Existing law generally prohibits housing discrimination with respect to various personal characteristics including source of income. Existing law defines “source of income” for these purposes as lawful, verifiable income paid directly to a tenant or paid to a representative of a tenant, which does not include a landlord. This bill would amend the definition of “source of income” to also include specified federal, state, or local housing assistance or subsidies paid either to the tenant or directly to the landlord on behalf of the tenant. Existing law permits a person who holds an ownership interest of record in property that he or she believes is the subject of an unlawfully restrictive covenant based on, among other things, source of income, to record a Restrictive Covenant Modification, which is to include a copy of the original document with the illegal language stricken. Before recording the modification document, existing law requires the county recorder to submit the modification document and the original document to the county counsel who is required to determine whether the original document contains an unlawful restriction. This bill, by revising the definition of source of income, would increase the requirements on a county counsel to determine if there exists an unlawfully restrictive covenant based on source of income, as described above. By creating new duties for county counsels, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 12927 of the Government Code is amended to read: 12927. As used in this part in connection with housing accommodations, unless a different meaning clearly appears from the context: (a) “Affirmative actions” 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. (b) “Conciliation council” 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. (c) (1) “Discrimination” 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’s 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. (2) “Discrimination” does not include either of the following: (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. (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. (d) “Housing accommodation” 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. (e) “Owner” 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. (f) “Person” 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 “owner” in subdivision (e) of this section, and all institutional third parties, including the Federal Home Loan Mortgage Corporation. (g) “Aggrieved person” 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. (h) “Real estate-related transactions” include any of the following: (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. (2) The selling, brokering, or appraising of residential real property. (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. (i) “Source of income” means lawful, verifiable income paid directly to a tenant or paid to a representative of a tenant. For the purposes of this definition, a landlord is not considered a representative of a tenant. 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). SECTION 1. SEC. 2. Section 12955 of the Government Code is amended to read: 12955. It shall be unlawful: (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. (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. (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. (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. (e) For any person, bank, mortgage company , or 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. (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’s 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. (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. (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. (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. (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. (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. (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. Discrimination 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. (m) As used in this section, “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,” 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) 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. (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. (p) (1) For the purposes of this section, “source of income” 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). (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. SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. ### Summary: This bill amends the Fair Employment and Housing Act to include gender identity and gender expression as protected classes in the definition of “discrimination” in housing accommodations. The bill

The people of the State of California do enact as follows: SECTION 1. Section 52.8 is added to the Civil Code, to read: 52.8. (a) (1) A person who is injured by an act of terrorism may bring an action to recover damages against the following persons and entities: (A) A person or entity who committed the act of terrorism. (B) A person or entity who aided the person or entity to commit the act of terrorism. (C) A person or entity who coerced, induced, or solicited the person or entity to commit the act of terrorism. (2) The amount awarded may be up to three times the damages actually incurred, but in no event less than ten thousand dollars ($10,000). If the plaintiff prevails, the plaintiff shall be awarded reasonable attorney’s fees and costs of investigation and litigation. (3) All persons or entities who commit an act of terrorism, aid the person or entity to commit the act of terrorism, or coerce, induce, or solicit the person or entity to committed the act of terrorism, shall be jointly and severally liable for all damages, attorney’s fees, and costs of investigation and litigation. (4) Notwithstanding any law, a civil action or proceeding under this section may be commenced at any time within five years after the injury caused by the act of terrorism. If a criminal prosecution proceeds against a person or entity who committed an act of terrorism, aided the person or entity to commit the act of terrorism, or coerced, induced, or solicited the person or entity to commit the act of terrorism, the time for commencing suit shall be tolled during the pendency of that criminal prosecution. (b) As used in this section, “terrorism” means the commission of any of the acts listed in this subdivision if the offender has the intent to intimidate or coerce the civilian population, influence the policy of a unit of government by intimidation or coercion, or affect the conduct of a unit of government by intimidation or coercion. (1) Killing of a human being, including unlawful homicide or manslaughter, as defined in Chapter 1 (commencing with Section 187) of Title 8 of Part 1 of the Penal Code. (2) Intentional infliction of great bodily injury upon a human being. (3) Kidnapping, as defined in Section 207 of the Penal Code. (4) Arson, as defined in Chapter 1 (commencing with Section 450) of Title 13 of Part 1 of the Penal Code. (5) Felony vandalism, as defined in paragraph (1) of subdivision (b) of Section 594 of the Penal Code. (6) Assault with a deadly weapon or by means of force likely to produce great bodily injury, as defined in Section 245 of the Penal Code. (7) Robbery, as defined in Chapter 4 (commencing with Section 211) of Title 8 of Part 1 of the Penal Code. (8) Shooting at an inhabited dwelling or occupied motor vehicle, as defined in Section 246 of the Penal Code. (9) Discharging or permitting the discharge of a firearm from a motor vehicle, as defined in subdivisions (a) and (b) of Section 26100 of the Penal Code. (10) Rape, as defined in Section 261 of the Penal Code. (11) Looting, as defined in Section 463 of the Penal Code. (12) Aggravated mayhem, as defined in Section 205 of the Penal Code. (13) Torture, as defined in Section 206 of the Penal Code. (14) Carjacking, as defined in Section 215 of the Penal Code. (15) Threats to commit crimes which would result in death or great bodily injury, as defined in Section 422 of the Penal Code. (16) Using or directly employing against another person a weapon of mass destruction in a form that may cause widespread great bodily injury or death. (17) Using a weapon of mass destruction in a form that may cause widespread damage to or disruption of the food supply or “source of drinking water” as defined in subdivision (d) of Section 25249.11 of the Health and Safety Code. (18) Using a weapon of mass destruction in a form that may cause widespread and significant damage to public natural resources, including coastal waterways and beaches, public parkland, surface waters, groundwater, and wildlife. (19) Using recombinant technology or any other biological advance to create new pathogens or more virulent forms of existing pathogens for use in any crime. (20) Giving, mailing, sending, or causing to be sent any false or facsimile weapon of mass destruction to another person, or placing, causing to be placed, or possessing any false or facsimile weapon of mass destruction, with the intent to cause another person to fear for his or her own safety, or for the personal safety of others. (21) Knowingly threatening to use a weapon of mass destruction. (c) As used in this section, “aiding a person or entity to commit an act of terrorism” means raising, soliciting, collecting, or providing material support or resources with the intent that it will be used, in whole or in part, to plan, prepare, carry out, or aid in any act of terrorism, hindering the prosecution of terrorism, or the concealment of, or escape from, an act of terrorism. (d) As used in this section, “hindering prosecution of terrorism” includes, but is not limited to, all of the following: (1) Harboring or concealing a person who is known, or believed, by the offender to have committed an act of terrorism. (2) Warning a person who is known, or believed, by the offender to have committed an act of terrorism of impending discovery or apprehension. (3) Suppressing any physical evidence that might aid in the discovery or apprehension of a person who is known, or believed, by the offender to have committed an act of terrorism. (e) As used in this section, “material support or resources” means currency or other financial assistance, financial services, instruments of value, lodging, training, safehouses, false documentation or identification, communication equipment, computer equipment, software, facilities, weapons, lethal substances, explosives, personnel, transportation, and other physical assets, except the provision of medical attention by a licensed health care provider or religious materials. (f) As used in this section, “weapon of mass destruction” includes, but is not limited to, chemical warfare agents, weaponized biological or biologic warfare agents, restricted biological agents, nuclear agents, radiological agents, or the intentional release of industrial agents, as a weapon, or an aircraft, vessel, or vehicle as described in Section 34500 of the Vehicle Code, that is used as a destructive weapon.

Existing law provides that every person has, subject to the qualifications and restrictions provided by law, the right of protection from bodily harm, and from injury to his or her personal relations. Existing law authorizes the California Victim Compensation and Government Claims Board to compensate a victim of a crime from the Restitution Fund, a continuously appropriated fund, for pecuniary loss incurred as a direct result of the crime, when the board determines it will best aid the person seeking compensation. This bill would authorize a person who is injured by an act of terrorism, as defined, to bring an action to recover damages against a person or entity who committed the act of terrorism, aided the person or entity to commit the act or terrorism, or coerced, induced, or solicited the person or entity to commit the act of terrorism. The bill would provide that the amount awarded may be up to 3 times the damages actually incurred, but in no event less than $10,000. The bill would permit a civil action or proceeding under this section to be commenced at any time within 5 years after the injury caused by the act of terrorism is suffered, as specified.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 52.8 is added to the Civil Code, to read: 52.8. (a) (1) A person who is injured by an act of terrorism may bring an action to recover damages against the following persons and entities: (A) A person or entity who committed the act of terrorism. (B) A person or entity who aided the person or entity to commit the act of terrorism. (C) A person or entity who coerced, induced, or solicited the person or entity to commit the act of terrorism. (2) The amount awarded may be up to three times the damages actually incurred, but in no event less than ten thousand dollars ($10,000). If the plaintiff prevails, the plaintiff shall be awarded reasonable attorney’s fees and costs of investigation and litigation. (3) All persons or entities who commit an act of terrorism, aid the person or entity to commit the act of terrorism, or coerce, induce, or solicit the person or entity to committed the act of terrorism, shall be jointly and severally liable for all damages, attorney’s fees, and costs of investigation and litigation. (4) Notwithstanding any law, a civil action or proceeding under this section may be commenced at any time within five years after the injury caused by the act of terrorism. If a criminal prosecution proceeds against a person or entity who committed an act of terrorism, aided the person or entity to commit the act of terrorism, or coerced, induced, or solicited the person or entity to commit the act of terrorism, the time for commencing suit shall be tolled during the pendency of that criminal prosecution. (b) As used in this section, “terrorism” means the commission of any of the acts listed in this subdivision if the offender has the intent to intimidate or coerce the civilian population, influence the policy of a unit of government by intimidation or coercion, or affect the conduct of a unit of government by intimidation or coercion. (1) Killing of a human being, including unlawful homicide or manslaughter, as defined in Chapter 1 (commencing with Section 187) of Title 8 of Part 1 of the Penal Code. (2) Intentional infliction of great bodily injury upon a human being. (3) Kidnapping, as defined in Section 207 of the Penal Code. (4) Arson, as defined in Chapter 1 (commencing with Section 450) of Title 13 of Part 1 of the Penal Code. (5) Felony vandalism, as defined in paragraph (1) of subdivision (b) of Section 594 of the Penal Code. (6) Assault with a deadly weapon or by means of force likely to produce great bodily injury, as defined in Section 245 of the Penal Code. (7) Robbery, as defined in Chapter 4 (commencing with Section 211) of Title 8 of Part 1 of the Penal Code. (8) Shooting at an inhabited dwelling or occupied motor vehicle, as defined in Section 246 of the Penal Code. (9) Discharging or permitting the discharge of a firearm from a motor vehicle, as defined in subdivisions (a) and (b) of Section 26100 of the Penal Code. (10) Rape, as defined in Section 261 of the Penal Code. (11) Looting, as defined in Section 463 of the Penal Code. (12) Aggravated mayhem, as defined in Section 205 of the Penal Code. (13) Torture, as defined in Section 206 of the Penal Code. (14) Carjacking, as defined in Section 215 of the Penal Code. (15) Threats to commit crimes which would result in death or great bodily injury, as defined in Section 422 of the Penal Code. (16) Using or directly employing against another person a weapon of mass destruction in a form that may cause widespread great bodily injury or death. (17) Using a weapon of mass destruction in a form that may cause widespread damage to or disruption of the food supply or “source of drinking water” as defined in subdivision (d) of Section 25249.11 of the Health and Safety Code. (18) Using a weapon of mass destruction in a form that may cause widespread and significant damage to public natural resources, including coastal waterways and beaches, public parkland, surface waters, groundwater, and wildlife. (19) Using recombinant technology or any other biological advance to create new pathogens or more virulent forms of existing pathogens for use in any crime. (20) Giving, mailing, sending, or causing to be sent any false or facsimile weapon of mass destruction to another person, or placing, causing to be placed, or possessing any false or facsimile weapon of mass destruction, with the intent to cause another person to fear for his or her own safety, or for the personal safety of others. (21) Knowingly threatening to use a weapon of mass destruction. (c) As used in this section, “aiding a person or entity to commit an act of terrorism” means raising, soliciting, collecting, or providing material support or resources with the intent that it will be used, in whole or in part, to plan, prepare, carry out, or aid in any act of terrorism, hindering the prosecution of terrorism, or the concealment of, or escape from, an act of terrorism. (d) As used in this section, “hindering prosecution of terrorism” includes, but is not limited to, all of the following: (1) Harboring or concealing a person who is known, or believed, by the offender to have committed an act of terrorism. (2) Warning a person who is known, or believed, by the offender to have committed an act of terrorism of impending discovery or apprehension. (3) Suppressing any physical evidence that might aid in the discovery or apprehension of a person who is known, or believed, by the offender to have committed an act of terrorism. (e) As used in this section, “material support or resources” means currency or other financial assistance, financial services, instruments of value, lodging, training, safehouses, false documentation or identification, communication equipment, computer equipment, software, facilities, weapons, lethal substances, explosives, personnel, transportation, and other physical assets, except the provision of medical attention by a licensed health care provider or religious materials. (f) As used in this section, “weapon of mass destruction” includes, but is not limited to, chemical warfare agents, weaponized biological or biologic warfare agents, restricted biological agents, nuclear agents, radiological agents, or the intentional release of industrial agents, as a weapon, or an aircraft, vessel, or vehicle as described in Section 34500 of the Vehicle Code, that is used as a destructive weapon. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 67100 of the Education Code is amended to read: 67100. The Legislature finds and declares the following: (a) Sections 21.4253 and 21.4254 of Title 38 of the Code of Federal Regulations require a postsecondary educational institution headquartered or operating in California desiring to enroll veterans or persons eligible for Title 38 awards in accredited and nonaccredited institutions and programs to make application for approval of these courses to the California State Approving Agency for Veterans Education, commonly known as CSAAVE, as the state approving agency legally designated pursuant to Section 3671 of Subchapter I of Chapter 36 of Title 38 of the United States Code. (b) Sections 21.4253 and 21.4254 authorize CSAAVE to approve the application of the accredited and nonaccredited institutions when the school and its accredited and nonaccredited courses satisfy the criteria provided in Sections 21.4253 and 21.4254 and additional reasonable criteria established by CSAAVE. (c) It is reasonable pursuant to Sections 21.4253 and 21.4254 for CSAAVE to require a postsecondary educational institution, public or private, to obtain accreditation for its degree programs, to comply with all federal and state laws and regulations, and to comply with any additional reasonable criteria established by CSAAVE. It is reasonable pursuant to Sections 21.4253 and 21.4254 for CSAAVE to require a private postsecondary institution to be issued an approval to operate from the Bureau for Private Postsecondary Education. SEC. 2. Section 67102 of the Education Code is amended to read: 67102. As used in this chapter, the following terms have the following meanings: (a) An “academic year” is July 1 to June 30, inclusive. The starting date of a session shall determine the academic year in which it is included. (b) “CSAAVE” is the California State Approving Agency for Veterans Education. (c) (1) “Qualifying institution” means a degree-granting institution that complies with paragraphs (2), (3), and (4), or a nondegree-granting institution that complies with paragraphs (2) and (4). (2) (A) The institution shall provide information on where to access California license examination passage rates for the most recent available year from graduates of its undergraduate programs leading to employment for which passage of a California licensing examination is required, if that data is electronically available through the Internet Web site of a California licensing or regulatory agency. For purposes of this paragraph, “provide” may exclusively include placement of an Internet Web site address labeled as an access point for the data on the passage rates of recent program graduates on the Internet Web site where enrollment information is also located, on an Internet Web site that provides centralized admissions information for postsecondary educational systems with multiple campuses, or on applications for enrollment or other program information distributed to prospective students. (B) The institution shall be responsible for certifying to CSAAVE compliance with the requirements of subparagraph (A). (3) (A) A degree-granting institution shall provide evidence of accreditation of the institution and of all degree programs to CSAAVE. The accrediting agency shall be recognized by the United States Department of Education. An unaccredited degree-granting institution participating in the Title 38 award program on January 1, 2015, shall satisfy both of the following to remain eligible to receive Title 38 awards: (i) The institution shall obtain and provide evidence to CSAAVE of its candidacy or preaccreditation status, with an accrediting agency recognized by the United States Department of Education, by January 1, 2016, for the institution to be eligible for Title 38 awards for the academic year of 2015–16 or 2016–17, or both. (ii) The institution shall obtain and provide evidence to CSAAVE of accreditation from the accrediting agency with which it had candidacy or preaccreditation status by January 1, 2017, for the institution to be eligible for Title 38 awards for the academic year of 2017–18, and each academic year thereafter. (B) If an unaccredited degree-granting institution participating in the Title 38 award program fails to satisfy the accreditation requirements provided in clause (i) of subparagraph (A), a veteran enrolled in a degree program offered by the institution prior to January 1, 2016, shall remain eligible for Title 38 awards through his or her completion of that degree program. If an unaccredited degree-granting institution participating in the Title 38 award program fails to satisfy the accreditation requirements provided in clause (ii) of subparagraph (A), a veteran enrolled in a degree program offered by the institution prior to January 1, 2017, shall remain eligible for Title 38 awards through his or her completion of that degree program. (C) An unaccredited degree-granting institution that does not satisfy the accreditation requirements provided in clause (i) of subparagraph (A), shall not enroll any new Title 38 eligible students to any of its degree programs after January 1, 2016. An unaccredited degree granting institution that does not satisfy the accreditation requirements provided in clause (ii) of subparagraph (A), shall not enroll any new Title 38 students to any of its degree programs after January 1, 2017, without first providing these prospective students with the following written disclosure: “If you choose to attend this institution, you will not be eligible to receive a Title 38 award because this institution did not satisfy one or more of the accreditation requirements to receive Title 38 awards.” (D) An institution that obtains and provides evidence to CSAAVE of accreditation from the Committee of Bar Examiners pursuant to Sections 6046.7 and 6060.6 of the Business and Professions Code does not have to comply with subparagraphs (A), (B), and (C), if the institution complies with both of the following: (i) (I) The institution provides disclosures to applicants of the school of the institution’s admissions data, tuition, fees, financial aid, conditional scholarships, refund policies, average class size of each required course, number of clinical offerings, number of full-time and part-time faculty, technically trained librarians, administrators, enrollment data, bar passage data, and employment outcomes for graduates. (II) For purposes of this clause, CSAAVE may develop a standardized information report template or use a standardized information report template developed by the State Bar. (III) For purposes of this clause, the following terms have the following meanings: (ia) “Admissions data” means information from the most recently enrolled fall semester class including the total number of applications, the total number of accepted students, and the 75th, 50th, and 25th percentile scores for the undergraduate grade point averages and law school admission test scores of admitted students. (ib) “Bar passage data” means the most current cumulative bar pass rates defined and reported by the examining committee of the State Bar. (ic) “Conditional scholarship” means any financial aid award, the retention of which is dependent upon the student maintaining a minimum grade point average or class standing other than that ordinarily required to remain in good academic standing. (id) “Employment outcomes for graduates” means the results of a survey by the law school, taken three years after graduation, that breaks down the employment rate of graduates in each of the first three years after graduation, including the rate of employment of graduates in jobs where a juris doctor degree is required by the employer and the rate of employment of graduates in jobs where a juris doctor degree is an advantage in employment. (ie) “Enrollment data” means information about the number of students who are admitted to the school per class per year for the past three years, the number of students who transfer to and from the school per class per year for the past three years, and the number of students who do not continue to attend the school each year for the past three years on either a voluntary or involuntary basis. (ii) The institution is in compliance with all applicable CSAAVE rules and regulations and is in good standing with the Committee of Bar Examiners. (4) The institution shall be one of the following to be eligible for Title 38 awards: (A) A campus of the California Community Colleges, the California State University, or the University of California. (B) An independent institution of higher education, as defined in subdivision (b) of Section 66010. (C) (i) For purposes of the 2015–16 award year, a private postsecondary educational institution, as defined in Section 94858. (ii) For purposes of the 2016–17 award year, and every award year thereafter, a private postsecondary educational institution, as defined in Section 94858, that has an approval to operate from the Bureau for Private Postsecondary Education, is subject to the regulatory oversight and enforcement of student protections provided by the bureau, and has its approval to operate certified by CSAAVE. (D) An institution described in subdivision (i) of Section 94874 that satisfies all of the requirements provided in Section 94947. (E) An institution that is accredited by the Committee of Bar Examiners pursuant to Sections 6046.7 and 6060.7 of the Business and Professions Code.

Title 38 of the United States Code provides educational awards for eligible active duty members and veterans of the Armed Forces of the United States. Existing law requires an institution headquartered or operating in California desiring to enroll students eligible for federal Title 38 awards in accredited courses to make application for approval of these courses to the California State Approving Agency for Veterans Education, commonly known as CSAAVE, and authorizes CSAAVE to approve the application of the school when the school and its accredited courses satisfy the specified criteria and any additional reasonable criteria established by CSAAVE. This bill would include as a qualifying institution for federal Title 38 awards, an institution that has been accredited by the Committee of Bar Examiners, if the institution complies with specified disclosure and compliance requirements.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 67100 of the Education Code is amended to read: 67100. The Legislature finds and declares the following: (a) Sections 21.4253 and 21.4254 of Title 38 of the Code of Federal Regulations require a postsecondary educational institution headquartered or operating in California desiring to enroll veterans or persons eligible for Title 38 awards in accredited and nonaccredited institutions and programs to make application for approval of these courses to the California State Approving Agency for Veterans Education, commonly known as CSAAVE, as the state approving agency legally designated pursuant to Section 3671 of Subchapter I of Chapter 36 of Title 38 of the United States Code. (b) Sections 21.4253 and 21.4254 authorize CSAAVE to approve the application of the accredited and nonaccredited institutions when the school and its accredited and nonaccredited courses satisfy the criteria provided in Sections 21.4253 and 21.4254 and additional reasonable criteria established by CSAAVE. (c) It is reasonable pursuant to Sections 21.4253 and 21.4254 for CSAAVE to require a postsecondary educational institution, public or private, to obtain accreditation for its degree programs, to comply with all federal and state laws and regulations, and to comply with any additional reasonable criteria established by CSAAVE. It is reasonable pursuant to Sections 21.4253 and 21.4254 for CSAAVE to require a private postsecondary institution to be issued an approval to operate from the Bureau for Private Postsecondary Education. SEC. 2. Section 67102 of the Education Code is amended to read: 67102. As used in this chapter, the following terms have the following meanings: (a) An “academic year” is July 1 to June 30, inclusive. The starting date of a session shall determine the academic year in which it is included. (b) “CSAAVE” is the California State Approving Agency for Veterans Education. (c) (1) “Qualifying institution” means a degree-granting institution that complies with paragraphs (2), (3), and (4), or a nondegree-granting institution that complies with paragraphs (2) and (4). (2) (A) The institution shall provide information on where to access California license examination passage rates for the most recent available year from graduates of its undergraduate programs leading to employment for which passage of a California licensing examination is required, if that data is electronically available through the Internet Web site of a California licensing or regulatory agency. For purposes of this paragraph, “provide” may exclusively include placement of an Internet Web site address labeled as an access point for the data on the passage rates of recent program graduates on the Internet Web site where enrollment information is also located, on an Internet Web site that provides centralized admissions information for postsecondary educational systems with multiple campuses, or on applications for enrollment or other program information distributed to prospective students. (B) The institution shall be responsible for certifying to CSAAVE compliance with the requirements of subparagraph (A). (3) (A) A degree-granting institution shall provide evidence of accreditation of the institution and of all degree programs to CSAAVE. The accrediting agency shall be recognized by the United States Department of Education. An unaccredited degree-granting institution participating in the Title 38 award program on January 1, 2015, shall satisfy both of the following to remain eligible to receive Title 38 awards: (i) The institution shall obtain and provide evidence to CSAAVE of its candidacy or preaccreditation status, with an accrediting agency recognized by the United States Department of Education, by January 1, 2016, for the institution to be eligible for Title 38 awards for the academic year of 2015–16 or 2016–17, or both. (ii) The institution shall obtain and provide evidence to CSAAVE of accreditation from the accrediting agency with which it had candidacy or preaccreditation status by January 1, 2017, for the institution to be eligible for Title 38 awards for the academic year of 2017–18, and each academic year thereafter. (B) If an unaccredited degree-granting institution participating in the Title 38 award program fails to satisfy the accreditation requirements provided in clause (i) of subparagraph (A), a veteran enrolled in a degree program offered by the institution prior to January 1, 2016, shall remain eligible for Title 38 awards through his or her completion of that degree program. If an unaccredited degree-granting institution participating in the Title 38 award program fails to satisfy the accreditation requirements provided in clause (ii) of subparagraph (A), a veteran enrolled in a degree program offered by the institution prior to January 1, 2017, shall remain eligible for Title 38 awards through his or her completion of that degree program. (C) An unaccredited degree-granting institution that does not satisfy the accreditation requirements provided in clause (i) of subparagraph (A), shall not enroll any new Title 38 eligible students to any of its degree programs after January 1, 2016. An unaccredited degree granting institution that does not satisfy the accreditation requirements provided in clause (ii) of subparagraph (A), shall not enroll any new Title 38 students to any of its degree programs after January 1, 2017, without first providing these prospective students with the following written disclosure: “If you choose to attend this institution, you will not be eligible to receive a Title 38 award because this institution did not satisfy one or more of the accreditation requirements to receive Title 38 awards.” (D) An institution that obtains and provides evidence to CSAAVE of accreditation from the Committee of Bar Examiners pursuant to Sections 6046.7 and 6060.6 of the Business and Professions Code does not have to comply with subparagraphs (A), (B), and (C), if the institution complies with both of the following: (i) (I) The institution provides disclosures to applicants of the school of the institution’s admissions data, tuition, fees, financial aid, conditional scholarships, refund policies, average class size of each required course, number of clinical offerings, number of full-time and part-time faculty, technically trained librarians, administrators, enrollment data, bar passage data, and employment outcomes for graduates. (II) For purposes of this clause, CSAAVE may develop a standardized information report template or use a standardized information report template developed by the State Bar. (III) For purposes of this clause, the following terms have the following meanings: (ia) “Admissions data” means information from the most recently enrolled fall semester class including the total number of applications, the total number of accepted students, and the 75th, 50th, and 25th percentile scores for the undergraduate grade point averages and law school admission test scores of admitted students. (ib) “Bar passage data” means the most current cumulative bar pass rates defined and reported by the examining committee of the State Bar. (ic) “Conditional scholarship” means any financial aid award, the retention of which is dependent upon the student maintaining a minimum grade point average or class standing other than that ordinarily required to remain in good academic standing. (id) “Employment outcomes for graduates” means the results of a survey by the law school, taken three years after graduation, that breaks down the employment rate of graduates in each of the first three years after graduation, including the rate of employment of graduates in jobs where a juris doctor degree is required by the employer and the rate of employment of graduates in jobs where a juris doctor degree is an advantage in employment. (ie) “Enrollment data” means information about the number of students who are admitted to the school per class per year for the past three years, the number of students who transfer to and from the school per class per year for the past three years, and the number of students who do not continue to attend the school each year for the past three years on either a voluntary or involuntary basis. (ii) The institution is in compliance with all applicable CSAAVE rules and regulations and is in good standing with the Committee of Bar Examiners. (4) The institution shall be one of the following to be eligible for Title 38 awards: (A) A campus of the California Community Colleges, the California State University, or the University of California. (B) An independent institution of higher education, as defined in subdivision (b) of Section 66010. (C) (i) For purposes of the 2015–16 award year, a private postsecondary educational institution, as defined in Section 94858. (ii) For purposes of the 2016–17 award year, and every award year thereafter, a private postsecondary educational institution, as defined in Section 94858, that has an approval to operate from the Bureau for Private Postsecondary Education, is subject to the regulatory oversight and enforcement of student protections provided by the bureau, and has its approval to operate certified by CSAAVE. (D) An institution described in subdivision (i) of Section 94874 that satisfies all of the requirements provided in Section 94947. (E) An institution that is accredited by the Committee of Bar Examiners pursuant to Sections 6046.7 and 6060.7 of the Business and Professions Code. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 1197.5 of the Labor Code is amended to read: 1197.5. (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: (1) The wage differential is based upon one or more of the following factors: (A) A seniority system. (B) A merit system. (C) A system that measures earnings by quantity or quality of production. (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, “business necessity” 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. (2) Each factor relied upon is applied reasonably. (3) The one or more factors relied upon account for the entire wage differential. (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: (1) The wage differential is based upon one or more of the following factors: (A) A seniority system. (B) A merit system. (C) A system that measures earnings by quantity or quality of production. (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, “business necessity” 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. (2) Each factor relied upon is applied reasonably. (3) The one or more factors relied upon account for the entire wage differential. (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. (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’s cause of action under subdivision (h). (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. (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. (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’s 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. (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’s fees, notwithstanding any agreement to work for a lesser wage. (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. (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. (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’s own wages, discussing the wages of others, inquiring about another employee’s 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. (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. (3) A civil action brought under this subdivision may be commenced no later than one year after the cause of action occurs. SEC. 1.5. Section 1197.5 of the Labor Code is amended to read: 1197.5. (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: (1) The wage differential is based upon one or more of the following factors: (A) A seniority system. (B) A merit system. (C) A system that measures earnings by quantity or quality of production. (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, “business necessity” 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. (2) Each factor relied upon is applied reasonably. (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. (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: (1) The wage differential is based upon one or more of the following factors: (A) A seniority system. (B) A merit system. (C) A system that measures earnings by quantity or quality of production. (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, “business necessity” 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. (2) Each factor relied upon is applied reasonably. (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. (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. (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’s cause of action under subdivision (h). (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. (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. (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’s 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. (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’s fees, notwithstanding any agreement to work for a lesser wage. (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. (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. (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’s own wages, discussing the wages of others, inquiring about another employee’s 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. (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. (3) A civil action brought under this subdivision may be commenced no later than one year after the cause of action occurs. SEC. 2. Section 1199.5 of the Labor Code is amended to read: 1199.5. Every 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: (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. (b) Reduces the wages of any employee in order to comply with Section 1197.5. No 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. SEC. 3. Section 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. SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

Existing law prohibits an employer from paying 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, unless the employer demonstrates that specific, reasonably applied factors account for the entire wage differential. Existing law authorizes an employee paid lesser wages in violation of this prohibition to file a complaint with the Division of Labor Standards Enforcement, and authorizes the employee, the division, or the Department of Industrial Relations to commence a civil action for the wages the employee was deprived of because of the violation, interest on those wages, and liquidated damages. Under existing law, an employer or other person who violates or causes a violation of that prohibition, or who reduces the wages of any employee in order to comply with that prohibition, is guilty of a misdemeanor. This bill would also prohibit an employer from paying any of its employees at wage rates less than the rates paid to employees of another race or ethnicity for substantially similar work, as specified above. By expanding the scope of a crime, this bill would impose a state-mandated local program. This bill would incorporate additional changes in Section 1197.5 of the Labor Code proposed by AB 1676 that would become operative only if AB 1676 and this bill are both chaptered and become effective on or before January 1, 2017, and this bill is chaptered last. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 1197.5 of the Labor Code is amended to read: 1197.5. (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: (1) The wage differential is based upon one or more of the following factors: (A) A seniority system. (B) A merit system. (C) A system that measures earnings by quantity or quality of production. (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, “business necessity” 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. (2) Each factor relied upon is applied reasonably. (3) The one or more factors relied upon account for the entire wage differential. (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: (1) The wage differential is based upon one or more of the following factors: (A) A seniority system. (B) A merit system. (C) A system that measures earnings by quantity or quality of production. (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, “business necessity” 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. (2) Each factor relied upon is applied reasonably. (3) The one or more factors relied upon account for the entire wage differential. (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. (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’s cause of action under subdivision (h). (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. (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. (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’s 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. (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’s fees, notwithstanding any agreement to work for a lesser wage. (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. (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. (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’s own wages, discussing the wages of others, inquiring about another employee’s 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. (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. (3) A civil action brought under this subdivision may be commenced no later than one year after the cause of action occurs. SEC. 1.5. Section 1197.5 of the Labor Code is amended to read: 1197.5. (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: (1) The wage differential is based upon one or more of the following factors: (A) A seniority system. (B) A merit system. (C) A system that measures earnings by quantity or quality of production. (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, “business necessity” 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. (2) Each factor relied upon is applied reasonably. (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. (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: (1) The wage differential is based upon one or more of the following factors: (A) A seniority system. (B) A merit system. (C) A system that measures earnings by quantity or quality of production. (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, “business necessity” 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. (2) Each factor relied upon is applied reasonably. (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. (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. (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’s cause of action under subdivision (h). (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. (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. (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’s 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. (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’s fees, notwithstanding any agreement to work for a lesser wage. (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. (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. (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’s own wages, discussing the wages of others, inquiring about another employee’s 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. (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. (3) A civil action brought under this subdivision may be commenced no later than one year after the cause of action occurs. SEC. 2. Section 1199.5 of the Labor Code is amended to read: 1199.5. Every 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: (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. (b) Reduces the wages of any employee in order to comply with Section 1197.5. No 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. SEC. 3. Section 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. SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. The 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: CHAPTER 4.3. Sexually Exploited Minors Program SEC. 2. Section 18259 of the Welfare and Institutions Code is amended to read: 18259. (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. (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. (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. (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’s department, the public defender’s 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: (1) Develop a training curriculum reflecting the best practices for identifying and assessing minors who may be victims of commercial sexual exploitation. (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. SEC. 3. Section 18259.1 of the Welfare and Institutions Code is repealed. SEC. 4. Section 18259.3 of the Welfare and Institutions Code is amended to read: 18259.3. (a) For purposes of this chapter, “commercially sexually exploited minor” means a person under 18 years of age who is described by one or more of the following: (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. (2) Has been adjudged a dependent of the juvenile court pursuant to paragraph (2) of subdivision (b) of Section 300. (3) Has been the victim of abduction, as described in Section 267 of the Penal Code. (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. (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). SEC. 5. Section 18259.5 of the Welfare and Institutions Code is repealed. SEC. 6. The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances 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.

Existing law, until January 1, 2017, authorizes the Counties of Alameda and Los Angeles, respectively, to create a pilot project, contingent upon local funding, for the purposes of developing a comprehensive, replicative, multidisciplinary model to address the needs and effective treatment of commercially sexually exploited minors, as specified. This bill would extend the operation of this program indefinitely in the County of Alameda. The bill would also expand the definition of a “commercially sexually exploited minor” to include, among others, a minor who has been adjudged a dependent of the juvenile court because he or she is a commercially sexually exploited child, and would create a presumption that, if a minor has been arrested for engaging in prostitution, or is the subject of a petition to adjudge him or her a dependent of the juvenile court because he or she is a commercially sexually exploited child, he or she is a commercially sexually exploited minor for the purposes of that definition. This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Alameda.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. The 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: CHAPTER 4.3. Sexually Exploited Minors Program SEC. 2. Section 18259 of the Welfare and Institutions Code is amended to read: 18259. (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. (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. (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. (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’s department, the public defender’s 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: (1) Develop a training curriculum reflecting the best practices for identifying and assessing minors who may be victims of commercial sexual exploitation. (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. SEC. 3. Section 18259.1 of the Welfare and Institutions Code is repealed. SEC. 4. Section 18259.3 of the Welfare and Institutions Code is amended to read: 18259.3. (a) For purposes of this chapter, “commercially sexually exploited minor” means a person under 18 years of age who is described by one or more of the following: (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. (2) Has been adjudged a dependent of the juvenile court pursuant to paragraph (2) of subdivision (b) of Section 300. (3) Has been the victim of abduction, as described in Section 267 of the Penal Code. (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. (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). SEC. 5. Section 18259.5 of the Welfare and Institutions Code is repealed. SEC. 6. The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances 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. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares as follows: (a) On December 4, 2015, Congress passed, and the President signed into law, the Fixing America’s Surface Transportation (FAST) Act (Public Law 114-94). (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. (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. (d) The FAST Act permits the NHTSA to award 24/7 Sobriety program grants to states that meet two separate requirements: (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. (2) That a state provide a 24/7 Sobriety program with statewide applicability. A “24/7 Sobriety program” 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. (e) Additional federal grant moneys are available to states under the NHTSA’s highway safety programs and national priority safety programs pursuant to Sections 402 and 405 of Title 23 of the United States Code. (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. SECTION 1. SEC. 2. Section 164.2 is added to the Streets and Highways Code, to read: 164.2. Federal funds derived from apportionments made to the state under the Fixing America’s Surface Transportation Act (“FAST Act,” Public Law 114-094) 114-94) shall 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. SEC. 3. Section 23582.5 is added to the Vehicle Code, to read: 23582.5. (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. (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. (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. (d) For purposes of this section, a “24/7 Sobriety program” 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’s 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. “Evidence-based” means the program methodology meets at least two of the following criteria: (1) Evaluation research shows that the program produces the expected positive results. (2) The results can be attributed to the program itself, rather than to other extraneous factors or events. (3) The evaluation is peer reviewed by experts in the field. (4) The program is endorsed by a federal agency or respected research organization and included in its list of effective programs. (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. (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. (g) In order to enable all required defendants to participate, each person shall pay the program costs commensurate with the person’s ability to pay as determined pursuant to Section 11837.4 of the Health and Safety Code. (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. (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. (j) The department shall establish statewide uniform collection and reporting of all of the following data: (1) Participant demographic information. (2) Participant case history information. (3) Testing information, including testing duration, test results, and testing attendance. (4) Fees and fee payments.

Existing law establishes the state transportation improvement program process, pursuant to which the California Transportation Commission programs, on a biennial basis, available state and federal funds for transportation capital improvement projects, other than state highway rehabilitation and repair projects, for the 5-year period of the state transportation improvement program, based on the interregional transportation improvement program prepared by the Department of Transportation and the regional transportation improvement programs prepared by regional transportation planning agencies. Existing law requires the Department of Transportation to submit to the California Transportation Commission an estimate of state and federal funds reasonably expected to be available for future programming over the 5-year period in each state transportation improvement program, and requires the California Transportation Commission to adopt a fund estimate in that regard. This bill would require the fund estimates prepared by the department and the commission to identify and include federal funds derived from apportionments made to the state under the Fixing America’s Surface Transportation (FAST) Act of 2015. Existing law prohibits a person who has 0.08% or more, by weight, of alcohol in his or her blood from driving a vehicle. Existing law also prohibits a person while having 0.08% or more, by weight, of alcohol in his or her blood from driving a vehicle and concurrently doing any act forbidden by law, or neglecting any duty imposed by law in driving the vehicle, when the act or neglect proximately causes bodily injury to a person other than the driver. A violation of either of these prohibitions is a crime. Existing law authorizes a court, in addition to imposing penalties and sanctions for those violations, to require the person to enroll and participate in, and successfully complete, a driving-under-the-influence program, which may include, among other things, education, group counseling, and individual interview sessions. Existing law requires the Department of Motor Vehicles to immediately suspend a person’s privilege to operate a motor vehicle for a specified period of time if the person has driven a motor vehicle when the person had a certain blood-alcohol concentration. Existing law also requires the department to suspend or revoke the driving privilege of a person who refuses an officer’s request or fails to complete a chemical test or tests, as specified. Existing law authorizes certain individuals whose privilege is suspended or revoked pursuant to that provision to receive a restricted driver’s license if specified requirements are met, including the completion of specified periods of license suspension or revocation and, in some instances, the installation of an ignition interlock device on the person’s vehicle. This bill would authorize the court to order a person convicted of a crime described above to enroll and participate in, and successfully complete, a qualified “24/7 Sobriety program,” as defined, as a condition of probation, if the program is available and deemed appropriate, and the person committed the crime within 10 years of one or more separate crimes described above that resulted in a conviction. The bill also would authorize a court to order participation in a 24/7 Sobriety program as a condition of release on bond for a person who has been charged with a crime described above, as specified. The bill would permit a person whose driving privilege has been suspended or revoked for certain violations, and who subsequently applies to the department for a restricted driving privilege, to be permitted to participate in a 24/7 Sobriety program for a minimum of one year as a condition of obtaining the restricted driving privilege as an alternative to, or in conjunction with, participation in an ignition interlock device program. The bill would define a “24/7 Sobriety program,” in part, as requiring a person in the program to abstain from alcohol and unauthorized controlled substances and be subject to frequent testing for alcohol and controlled substances, as specified. The bill would require a person participating in the program to pay the program costs, commensurate with the person’s ability to pay, as specified. The bill would make related legislative findings and declarations and state the intent of the Legislature to enact these provisions for the purpose of making the state eligible to receive grant funding under the FAST Act and additional funding from the National Highway Traffic Safety Administration.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares as follows: (a) On December 4, 2015, Congress passed, and the President signed into law, the Fixing America’s Surface Transportation (FAST) Act (Public Law 114-94). (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. (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. (d) The FAST Act permits the NHTSA to award 24/7 Sobriety program grants to states that meet two separate requirements: (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. (2) That a state provide a 24/7 Sobriety program with statewide applicability. A “24/7 Sobriety program” 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. (e) Additional federal grant moneys are available to states under the NHTSA’s highway safety programs and national priority safety programs pursuant to Sections 402 and 405 of Title 23 of the United States Code. (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. SECTION 1. SEC. 2. Section 164.2 is added to the Streets and Highways Code, to read: 164.2. Federal funds derived from apportionments made to the state under the Fixing America’s Surface Transportation Act (“FAST Act,” Public Law 114-094) 114-94) shall 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. SEC. 3. Section 23582.5 is added to the Vehicle Code, to read: 23582.5. (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. (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. (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. (d) For purposes of this section, a “24/7 Sobriety program” 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’s 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. “Evidence-based” means the program methodology meets at least two of the following criteria: (1) Evaluation research shows that the program produces the expected positive results. (2) The results can be attributed to the program itself, rather than to other extraneous factors or events. (3) The evaluation is peer reviewed by experts in the field. (4) The program is endorsed by a federal agency or respected research organization and included in its list of effective programs. (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. (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. (g) In order to enable all required defendants to participate, each person shall pay the program costs commensurate with the person’s ability to pay as determined pursuant to Section 11837.4 of the Health and Safety Code. (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. (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. (j) The department shall establish statewide uniform collection and reporting of all of the following data: (1) Participant demographic information. (2) Participant case history information. (3) Testing information, including testing duration, test results, and testing attendance. (4) Fees and fee payments. ### Summary: This bill would authorize a statewide 24/7 Sobriety program for persons convicted of driving under the influence of alcohol or of driving while intoxicated. The

The people of the State of California do enact as follows: SECTION 1. This act shall be known, and may be cited, as the Paul Lee School Bus Safety Law. SEC. 2. Section 39831.3 of the Education Code is amended to read: 39831.3. (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: (1) Determining if pupils require escort pursuant to paragraph (1) of subdivision (d) of Section 22112 of the Vehicle Code. (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’s schoolbus stop. (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. (3) Boarding and exiting a schoolbus at a school or other trip destination. (4) Procedures to ensure that a pupil is not left unattended on a schoolbus, school pupil activity bus, or youth bus. (5) Procedures and standards for designating an adult chaperone, other than the driver, to accompany pupils on a school pupil activity bus. (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. SEC. 3. Section 39843 is added to the Education Code, to read: 39843. (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’s employer, has done both of the following: (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. (2) Made a finding that the driver’s actions constituted gross negligence. (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. (c) For purposes of this section, “gross negligence” means the want of even scant care or an extreme departure from the ordinary standard of conduct. SEC. 4. Section 39860 of the Education Code is amended to read: 39860. (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. (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. SEC. 5. Section 40085 of the Education Code is amended to read: 40085. Applicants 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. SEC. 6. Section 13370 of the Vehicle Code is amended to read: 13370. (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: (1) Has been convicted of a sex offense as defined in Section 44010 of the Education Code. (2) Has been convicted, within two years, of an offense specified in Section 11361.5 of the Health and Safety Code. (3) Has failed to meet prescribed training requirements for certificate issuance. (4) Has failed to meet prescribed testing requirements for certificate issuance. (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. (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: (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. (2) Has committed an act involving moral turpitude. (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. (4) Has been dismissed as a driver for a cause relating to pupil transportation safety. (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). (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. (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. (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’s third testing failure. (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. (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. SEC. 7. Article 18 (commencing with Section 28160) is added to Chapter 5 of Division 12 of the Vehicle Code, to read: Article 18. Child Safety Alert System 28160. (a) On or before January 1, 2018, the department shall adopt regulations governing the specifications, installation, and use of child safety alert systems. (b) (1) On or before the beginning of the 2018–19 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. (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: (A) The school pupil activity bus is not used exclusively to transport pupils. (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. (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. (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. (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. (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. (G) The driver shall sign a form with the time and date verifying that all required procedures have been followed. (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. (c) A “child safety alert system” 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. (d) For purposes of this section, the following definitions apply: (1) “Child care motor vehicle” 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. (2) “Child care provider” has the same meaning as provided for “day care center” in Section 1596.76 of the Health and Safety Code. SEC. 8. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

Existing law requires the county superintendent of schools, the superintendent of a school district, or the owner or operator of a private school that provides transportation to or from a school or school activity to prepare a transportation safety plan containing procedures for school personnel to follow to ensure the safe transport of pupils, as prescribed. This bill would require that plan to include procedures to ensure that a pupil is not left unattended on a schoolbus, school pupil activity bus, or youth bus, and procedures and standards for designating an adult chaperone, other than the driver, to accompany pupils on a school pupil activity bus. The bill would additionally require a charter school to prepare this plan. Existing law authorizes the governing board of a school district to contract for the transportation of pupils attending schools within the district, as specified. This bill would require the governing board of a school district to require that any contract for the transportation of pupils includes the requirement that a pupil shall not be left unattended on a schoolbus, school pupil activity bus, or youth bus, as provided. Existing law requires applicants seeking to renew a certificate to drive a schoolbus or a school pupil activity bus to complete classroom instruction and training, as specified. This bill would require that classroom instruction to also cover the inspection procedures to ensure pupils are not left unattended on a schoolbus or school pupil activity bus. Existing law authorizes the Department of Motor Vehicles to refuse to issue or renew, and to revoke or suspend, a schoolbus, school pupil activity bus, or youth bus driver certificate under certain, listed conditions. This bill would require certain school officials to notify the department when a driver of such a bus has left a pupil unattended onboard after a specified school entity or the driver’s employer has ordered and upheld disciplinary action against the driver for the driver’s actions and has made a finding that the driver’s actions constituted gross negligence, as defined. The bill would authorize the department to refuse to issue or renew, and to revoke or suspend, a bus driver certificate on these grounds. The bill would permit a former applicant or holder of a certificate whose certificate was revoked pursuant to these provisions to reapply for a certificate if the certificate revocation is reversed or dismissed by the department. Existing law requires all schoolbuses to be equipped with certain safety features, as specified. This bill would require, on or before the beginning of the 2018–19 school year, schoolbuses, school pupil activity buses, except as provided, youth buses, and child care motor vehicles to be equipped with a “child safety alert system,” which 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. Because a violation of the above requirement would be a Vehicle Code infraction, the bill would impose a state-mandated local program by creating new crimes. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. This act shall be known, and may be cited, as the Paul Lee School Bus Safety Law. SEC. 2. Section 39831.3 of the Education Code is amended to read: 39831.3. (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: (1) Determining if pupils require escort pursuant to paragraph (1) of subdivision (d) of Section 22112 of the Vehicle Code. (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’s schoolbus stop. (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. (3) Boarding and exiting a schoolbus at a school or other trip destination. (4) Procedures to ensure that a pupil is not left unattended on a schoolbus, school pupil activity bus, or youth bus. (5) Procedures and standards for designating an adult chaperone, other than the driver, to accompany pupils on a school pupil activity bus. (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. SEC. 3. Section 39843 is added to the Education Code, to read: 39843. (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’s employer, has done both of the following: (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. (2) Made a finding that the driver’s actions constituted gross negligence. (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. (c) For purposes of this section, “gross negligence” means the want of even scant care or an extreme departure from the ordinary standard of conduct. SEC. 4. Section 39860 of the Education Code is amended to read: 39860. (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. (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. SEC. 5. Section 40085 of the Education Code is amended to read: 40085. Applicants 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. SEC. 6. Section 13370 of the Vehicle Code is amended to read: 13370. (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: (1) Has been convicted of a sex offense as defined in Section 44010 of the Education Code. (2) Has been convicted, within two years, of an offense specified in Section 11361.5 of the Health and Safety Code. (3) Has failed to meet prescribed training requirements for certificate issuance. (4) Has failed to meet prescribed testing requirements for certificate issuance. (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. (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: (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. (2) Has committed an act involving moral turpitude. (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. (4) Has been dismissed as a driver for a cause relating to pupil transportation safety. (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). (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. (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. (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’s third testing failure. (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. (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. SEC. 7. Article 18 (commencing with Section 28160) is added to Chapter 5 of Division 12 of the Vehicle Code, to read: Article 18. Child Safety Alert System 28160. (a) On or before January 1, 2018, the department shall adopt regulations governing the specifications, installation, and use of child safety alert systems. (b) (1) On or before the beginning of the 2018–19 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. (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: (A) The school pupil activity bus is not used exclusively to transport pupils. (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. (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. (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. (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. (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. (G) The driver shall sign a form with the time and date verifying that all required procedures have been followed. (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. (c) A “child safety alert system” 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. (d) For purposes of this section, the following definitions apply: (1) “Child care motor vehicle” 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. (2) “Child care provider” has the same meaning as provided for “day care center” in Section 1596.76 of the Health and Safety Code. SEC. 8. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 17052 of the Revenue and Taxation Code is amended to read: 17052. (a) (1) For each taxable year beginning on or after January 1, 2015, there shall be allowed against the “net tax,” 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. (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. (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 0 percent. (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. (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: In the case of an eligible individual with: The credit percentage is: The phaseout percentage is: No qualifying children 7.65% 7.65% 1 qualifying child 34% 34% 2 qualifying children 40% 40% 3 or more qualifying children 45% 45% (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: In the case of an eligible individual with: The earned income amount is: The phaseout amount is: No qualifying children $3,290 $3,290 1 qualifying child $4,940 $4,940 2 or more qualifying children $6,935 $6,935 (B) Section 32(b)(2)(B) of the Internal Revenue Code, relating to joint returns, shall not apply. (c) (1) Section 32(c)(1)(A)(ii)(I) of the Internal Revenue Code is modified by substituting “this state” for “the United States.” (2) Section 32(c)(2)(A) of the Internal Revenue Code is modified as follows: (A) Section 32(c)(2)(A)(i) of the Internal Revenue Code is modified by deleting “plus” and inserting in lieu thereof the following: “and only if such amounts are subject to withholding pursuant to Division 6 (commencing with Section 13000) of the Unemployment Insurance Code.” (B) Section 32(c)(2)(A)(ii) of the Internal Revenue Code shall not apply. (3) Section 32(c)(3)(C) of the Internal Revenue Code, relating to place of abode, is modified by substituting “this state” for “the United States.” (d) Section 32(i)(1) of the Internal Revenue Code is modified by substituting “$3,400” for “$2,200.” (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. (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. (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. (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. (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: (A) Special Project Report requirements under State Administrative Manual Sections 4819.36, 4945, and 4945.2. (B) Special Project Report requirements under Statewide Information Management Manual Section 30. (C) Section 11.00 of the 2015 Budget Act. (D) Sections 12101, 12101.5, 12102, and 12102.1 of the Public Contract Code. (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. (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’s 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: (A) The number of tax returns claiming the credit. (B) The number of individuals represented on tax returns claiming the credit. (C) The average credit amount on tax returns claiming the credit. (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. (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 “deep poverty” if the income of the family is less than 50 percent of the federal poverty threshold. (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. (k) The tax credit allowed by this section shall be known as the California Earned Income Tax Credit. (l) The amendments made to this section by the act adding this subdivision shall apply to taxable years beginning on or after January 1, 2016.

The Personal Income Tax Law allows various credits against the taxes imposed by that law, including certain credits that are allowed in modified conformity to credits allowed by federal income tax laws. Federal income tax laws allow a refundable earned income tax credit for certain low-income individuals who have earned income from specified sources and who meet certain other requirements. The Personal Income Tax Law, for taxable years beginning on or after January 1, 2015, in modified conformity with federal income tax laws, allows an earned income credit against personal income tax, and a payment from the Tax Relief and Refund Account for an allowable credit in excess of tax liability, to an eligible individual in an amount determined in accordance with federal law as applicable for federal income tax purposes for the taxable year, multiplied by the earned income tax credit adjustment factor, as specified. Existing law creates the Tax Relief and Refund Account, which is continuously appropriated, and provides that required payments to be made to taxpayers or other persons from the Personal Income Tax Fund are to be paid from that account, including amounts allowable as an earned income credit in excess of any tax liability. The Personal Income Tax Law provides that the amount of the credit is calculated as a percentage of the eligible individual’s earned income and is phased out above a specified amount as income increases. Under existing law, the credit percentage and the phaseout percentage is based on the number of qualifying children of the eligible individual. Existing law provides, in modified conformity with federal income tax law, in the case of an eligible individual with 3 or more qualifying children, for taxable years beginning before January 1, 2016, the credit percentage and phaseout percentage is 45%, and for taxable years beginning on or after January 1, 2016, the credit percentage and phaseout percentage is the same as for an eligible individual with 2 or more children, which is 40%. This bill, for taxable years beginning on and after January 1, 2016, would instead provide that, in the case of an eligible individual with 3 or more qualifying children, the credit percentage and phaseout percentage is 45%, thereby increasing the credit percentage and the phaseout percentage for those eligible individuals for taxable years beginning on and after January 1, 2016. By increasing the allowable credit amount, this bill would authorize new payments from the Tax Relief and Refund Account for additional amounts in excess of personal income tax liabilities, thereby making an appropriation.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 17052 of the Revenue and Taxation Code is amended to read: 17052. (a) (1) For each taxable year beginning on or after January 1, 2015, there shall be allowed against the “net tax,” 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. (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. (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 0 percent. (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. (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: In the case of an eligible individual with: The credit percentage is: The phaseout percentage is: No qualifying children 7.65% 7.65% 1 qualifying child 34% 34% 2 qualifying children 40% 40% 3 or more qualifying children 45% 45% (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: In the case of an eligible individual with: The earned income amount is: The phaseout amount is: No qualifying children $3,290 $3,290 1 qualifying child $4,940 $4,940 2 or more qualifying children $6,935 $6,935 (B) Section 32(b)(2)(B) of the Internal Revenue Code, relating to joint returns, shall not apply. (c) (1) Section 32(c)(1)(A)(ii)(I) of the Internal Revenue Code is modified by substituting “this state” for “the United States.” (2) Section 32(c)(2)(A) of the Internal Revenue Code is modified as follows: (A) Section 32(c)(2)(A)(i) of the Internal Revenue Code is modified by deleting “plus” and inserting in lieu thereof the following: “and only if such amounts are subject to withholding pursuant to Division 6 (commencing with Section 13000) of the Unemployment Insurance Code.” (B) Section 32(c)(2)(A)(ii) of the Internal Revenue Code shall not apply. (3) Section 32(c)(3)(C) of the Internal Revenue Code, relating to place of abode, is modified by substituting “this state” for “the United States.” (d) Section 32(i)(1) of the Internal Revenue Code is modified by substituting “$3,400” for “$2,200.” (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. (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. (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. (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. (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: (A) Special Project Report requirements under State Administrative Manual Sections 4819.36, 4945, and 4945.2. (B) Special Project Report requirements under Statewide Information Management Manual Section 30. (C) Section 11.00 of the 2015 Budget Act. (D) Sections 12101, 12101.5, 12102, and 12102.1 of the Public Contract Code. (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. (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’s 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: (A) The number of tax returns claiming the credit. (B) The number of individuals represented on tax returns claiming the credit. (C) The average credit amount on tax returns claiming the credit. (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. (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 “deep poverty” if the income of the family is less than 50 percent of the federal poverty threshold. (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. (k) The tax credit allowed by this section shall be known as the California Earned Income Tax Credit. (l) The amendments made to this section by the act adding this subdivision shall apply to taxable years beginning on or after January 1, 2016. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 1253.7 is added to the Health and Safety Code, to read: 1253.7. (a) For purposes of this chapter, “observation services” 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’s condition or determine the need for a possible inpatient admission to the hospital. (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’s 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’s care is being provided on an outpatient basis, which may affect his or her health care coverage reimbursement. (c) For purposes of this chapter, “observation unit” 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 “outpatient” 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. (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. SEC. 2. Section 128765 of the Health and Safety Code is amended to read: 128765. (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’s rights of confidentiality would be violated. (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’s Internet Web site. (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. (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’s Internet Web site. The office may initiate and conduct studies as it determines will advance the purposes of this chapter. (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’s access to data. SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

(1) Existing law establishes the State Department of Public Health and sets forth its powers and duties, including, but not limited to, the licensing and regulation of health facilities, including, but not limited to, general acute care hospitals. A violation of these provisions is a crime. Existing law authorizes the department to issue a special permit authorizing a health facility to offer one or more special services when specified requirements are met. Existing law requires general acute care hospitals to apply for supplemental services approval and requires the department, upon issuance and renewal of a license for certain health facilities, to separately identify on the license each supplemental service. This bill would require a general acute care hospital that provides observation services, as defined, to comply with the same licensed nurse-to-patient ratios as supplemental emergency services, as specified. The bill would require that a patient receiving observation services receive written notice, as prescribed, that his or her care is being provided on an outpatient basis, which may affect the patient’s health coverage reimbursement. The bill would require observation units to be identified with specified signage, and would clarify that a general acute care hospital providing services described in the bill would not be exempt from these requirements because the hospital identifies those services by a name or term other than that used in the bill. Because a violation of these provisions by a health facility would be a crime, the bill would impose a state-mandated local program. (2) Existing law, the Health Data and Advisory Council Consolidation Act, requires every organization that operates, conducts, or maintains a health facility to make and file with the Office of Statewide Health Planning and Development (OSHPD) specified reports containing various financial and patient data. Existing law requires OSHPD to maintain a file of those reports in its Sacramento office and to compile and publish summaries of individual facility and aggregate data that do not contain patient-specific information for the purpose of public disclosure. This bill would require OSHPD to include summaries of observation services data, upon request, in the data summaries maintained by OSHPD under the act. (3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 1253.7 is added to the Health and Safety Code, to read: 1253.7. (a) For purposes of this chapter, “observation services” 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’s condition or determine the need for a possible inpatient admission to the hospital. (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’s 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’s care is being provided on an outpatient basis, which may affect his or her health care coverage reimbursement. (c) For purposes of this chapter, “observation unit” 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 “outpatient” 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. (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. SEC. 2. Section 128765 of the Health and Safety Code is amended to read: 128765. (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’s rights of confidentiality would be violated. (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’s Internet Web site. (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. (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’s Internet Web site. The office may initiate and conduct studies as it determines will advance the purposes of this chapter. (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’s access to data. SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 1281.65 is added to the Code of Civil Procedure, to read: 1281.65. (a) From the time of appointment until the conclusion of the arbitration, an arbitrator shall not entertain or accept either of the following: (1) Any offers of employment or new professional relationships as a lawyer, expert witness, or consultant from a party or lawyer for a party in the pending arbitration. (2) In a consumer arbitration case, any offers of employment as a dispute resolution neutral in another case involving a party or lawyer for a party in the pending arbitration unless all parties to the pending arbitration, including the lawyers in the arbitration, have conferred and agreed in writing, before any solicitation of the arbitrator, to allow offers of future employment as a dispute resolution neutral to be made to the arbitrator. (b) This section does not apply to an arbitration conducted or administered by a self-regulatory organization, as defined by the federal Securities Exchange Act of 1934 (15 U.S.C. Sec. 78a) or regulations adopted under that act. This section also does not apply to an arbitration conducted pursuant to the terms of a public or private sector collective bargaining agreement. (c) For purposes of this section, “lawyer for a party” has the same definition as that term is defined in Section 1281.9. SEC. 2. Section 1281.9 of the Code of Civil Procedure is amended to read: 1281.9. (a) In any arbitration pursuant to an arbitration agreement, when a person is to serve as a neutral arbitrator, the proposed neutral arbitrator shall disclose all matters that could cause a person aware of the facts to reasonably entertain a doubt that the proposed neutral arbitrator would be able to be impartial, including all of the following: (1) The existence of any ground specified in Section 170.1 for disqualification of a judge. For purposes of paragraph (8) of subdivision (a) of Section 170.1, the proposed neutral arbitrator shall disclose whether or not he or she has a current arrangement concerning prospective employment or other compensated service as a dispute resolution neutral or is participating in, or, within the last two years, has participated in, discussions regarding such prospective employment or service with a party to the proceeding. (2) Any matters required to be disclosed by the ethics standards for neutral arbitrators adopted by the Judicial Council pursuant to this chapter. (3) The names of the parties to all prior or pending noncollective bargaining cases in which the proposed neutral arbitrator served or is serving as a party arbitrator for a party to the arbitration proceeding or for a lawyer for a party and the results of each case arbitrated to conclusion, including the date of the arbitration award, identification of the prevailing party, the names of the parties’ attorneys, and the amount of monetary damages awarded, if any. In order to preserve confidentiality, it shall be sufficient to give the name of any party who is not a party to the pending arbitration as “claimant” or “respondent” if the party is an individual and not a business or corporate entity. (4) The names of the parties to all prior or pending noncollective bargaining cases involving a party to the arbitration or lawyer for a party for which the proposed neutral arbitrator served or is serving as neutral arbitrator, and the results of each case arbitrated to conclusion, including the date of the arbitration award, identification of the prevailing party, the names of the parties’ attorneys and the amount of monetary damages awarded, if any. In order to preserve confidentiality, it shall be sufficient to give the name of any party not a party to the pending arbitration as “claimant” or “respondent” if the party is an individual and not a business or corporate entity. (5) Any attorney-client relationship the proposed neutral arbitrator has or had with a party or lawyer for a party to the arbitration proceeding. (6) Any professional or significant personal relationship the proposed neutral arbitrator or his or her spouse or minor child living in the household has or has had with a party to the arbitration proceeding or lawyer for a party. (7) (A) For a consumer arbitration case, any solicitation made within the last two years by, or at the direction of, the private arbitration company to a party or lawyer for a party to the consumer arbitration. During the pendency of the consumer arbitration, no solicitation shall be made of a party to the arbitration or of a lawyer for a party to the arbitration. Any solicitation made before January 1, 2017, is not required to be disclosed pursuant to this paragraph. (B) This paragraph does not apply to an arbitration conducted or administered by a self-regulatory organization, as defined by the federal Securities Exchange Act of 1934 (15 U.S.C. Sec. 78a) or regulations adopted under that act. (C) (i) For purposes of this paragraph, “solicitation” includes either of the following: (I) Private presentations made to a party or lawyer for a party by the private arbitration company or the arbitrator. (II) Oral or written discussions, meetings, or negotiations to designate the private arbitration company or the arbitrator as the arbitration provider or arbitrator for a party in specific contracts. (ii) For purposes of this paragraph, “solicitation” does not include any of the following: (I) Advertising directed to the general public. (II) Communications indicating a general willingness to serve as an arbitrator or private arbitration company. For purposes of this subclause, “communications” include, but are not limited to, standard educational materials about alternative dispute resolution or the provider organization. (III) Presentations made by the private arbitration company or the arbitrator at a program or seminar held open to the public. (IV) Responding to inquiries regarding the arbitration provider’s costs, rules, procedures, or standards. (b) Subject only to the disclosure requirements of law, the proposed neutral arbitrator shall disclose all matters required to be disclosed pursuant to this section to all parties in writing within 10 calendar days of service of notice of the proposed nomination or appointment. (c) For purposes of this section, “lawyer for a party” includes any lawyer or law firm currently associated in the practice of law with the lawyer hired to represent a party. (d) For purposes of this section, “prior cases” means noncollective bargaining cases in which an arbitration award was rendered within five years before the date of the proposed nomination or appointment. (e) For purposes of this section, “any arbitration” does not include an arbitration conducted pursuant to the terms of a public or private sector collective bargaining agreement. SEC. 3. The 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.

Existing law governs arbitration in civil proceedings. Under existing law, a neutral arbitrator is defined as one who is selected jointly by the parties or by the parties’ arbitrators, or is appointed by the court if the parties or their arbitrators cannot jointly select an arbitrator. Existing law requires a person selected to serve as a neutral arbitrator to disclose all matters that could cause a person aware of the facts to reasonably entertain a doubt as to the proposed neutral arbitrator’s impartiality. Existing law requires the disclosure to include, among other things, whether or not the proposed neutral arbitrator has a current arrangement concerning prospective employment or other compensated service as a dispute resolution neutral with a party to the proceeding, or is participating in, or has participated within the last 2 years in, discussions regarding such prospective employment or service. This bill, in a consumer arbitration case, would also require the disclosure of any solicitation made within the last 2 years by, or at the direction of, a private arbitration company to a party or lawyer for a party. The bill would only require disclosure of solicitations made after January 1, 2017. The bill would specify what is, and what is not, a solicitation for purposes of this disclosure. The bill would prohibit the solicitation of a party or lawyer for a party during the pendency of the arbitration. The bill would also prohibit an arbitrator, from the time of appointment until the conclusion of the arbitration, from entertaining or accepting any offers of employment or offers of new professional relationships, and, in a consumer arbitration case, would prohibit the arbitrator from entertaining or accepting any offers of employment as a dispute resolution neutral in another case from a party or lawyer for a party in the pending arbitration, except as provided. This bill would exempt specified self-regulatory organizations from the application of the bill. The bill would provide that its provisions are severable.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 1281.65 is added to the Code of Civil Procedure, to read: 1281.65. (a) From the time of appointment until the conclusion of the arbitration, an arbitrator shall not entertain or accept either of the following: (1) Any offers of employment or new professional relationships as a lawyer, expert witness, or consultant from a party or lawyer for a party in the pending arbitration. (2) In a consumer arbitration case, any offers of employment as a dispute resolution neutral in another case involving a party or lawyer for a party in the pending arbitration unless all parties to the pending arbitration, including the lawyers in the arbitration, have conferred and agreed in writing, before any solicitation of the arbitrator, to allow offers of future employment as a dispute resolution neutral to be made to the arbitrator. (b) This section does not apply to an arbitration conducted or administered by a self-regulatory organization, as defined by the federal Securities Exchange Act of 1934 (15 U.S.C. Sec. 78a) or regulations adopted under that act. This section also does not apply to an arbitration conducted pursuant to the terms of a public or private sector collective bargaining agreement. (c) For purposes of this section, “lawyer for a party” has the same definition as that term is defined in Section 1281.9. SEC. 2. Section 1281.9 of the Code of Civil Procedure is amended to read: 1281.9. (a) In any arbitration pursuant to an arbitration agreement, when a person is to serve as a neutral arbitrator, the proposed neutral arbitrator shall disclose all matters that could cause a person aware of the facts to reasonably entertain a doubt that the proposed neutral arbitrator would be able to be impartial, including all of the following: (1) The existence of any ground specified in Section 170.1 for disqualification of a judge. For purposes of paragraph (8) of subdivision (a) of Section 170.1, the proposed neutral arbitrator shall disclose whether or not he or she has a current arrangement concerning prospective employment or other compensated service as a dispute resolution neutral or is participating in, or, within the last two years, has participated in, discussions regarding such prospective employment or service with a party to the proceeding. (2) Any matters required to be disclosed by the ethics standards for neutral arbitrators adopted by the Judicial Council pursuant to this chapter. (3) The names of the parties to all prior or pending noncollective bargaining cases in which the proposed neutral arbitrator served or is serving as a party arbitrator for a party to the arbitration proceeding or for a lawyer for a party and the results of each case arbitrated to conclusion, including the date of the arbitration award, identification of the prevailing party, the names of the parties’ attorneys, and the amount of monetary damages awarded, if any. In order to preserve confidentiality, it shall be sufficient to give the name of any party who is not a party to the pending arbitration as “claimant” or “respondent” if the party is an individual and not a business or corporate entity. (4) The names of the parties to all prior or pending noncollective bargaining cases involving a party to the arbitration or lawyer for a party for which the proposed neutral arbitrator served or is serving as neutral arbitrator, and the results of each case arbitrated to conclusion, including the date of the arbitration award, identification of the prevailing party, the names of the parties’ attorneys and the amount of monetary damages awarded, if any. In order to preserve confidentiality, it shall be sufficient to give the name of any party not a party to the pending arbitration as “claimant” or “respondent” if the party is an individual and not a business or corporate entity. (5) Any attorney-client relationship the proposed neutral arbitrator has or had with a party or lawyer for a party to the arbitration proceeding. (6) Any professional or significant personal relationship the proposed neutral arbitrator or his or her spouse or minor child living in the household has or has had with a party to the arbitration proceeding or lawyer for a party. (7) (A) For a consumer arbitration case, any solicitation made within the last two years by, or at the direction of, the private arbitration company to a party or lawyer for a party to the consumer arbitration. During the pendency of the consumer arbitration, no solicitation shall be made of a party to the arbitration or of a lawyer for a party to the arbitration. Any solicitation made before January 1, 2017, is not required to be disclosed pursuant to this paragraph. (B) This paragraph does not apply to an arbitration conducted or administered by a self-regulatory organization, as defined by the federal Securities Exchange Act of 1934 (15 U.S.C. Sec. 78a) or regulations adopted under that act. (C) (i) For purposes of this paragraph, “solicitation” includes either of the following: (I) Private presentations made to a party or lawyer for a party by the private arbitration company or the arbitrator. (II) Oral or written discussions, meetings, or negotiations to designate the private arbitration company or the arbitrator as the arbitration provider or arbitrator for a party in specific contracts. (ii) For purposes of this paragraph, “solicitation” does not include any of the following: (I) Advertising directed to the general public. (II) Communications indicating a general willingness to serve as an arbitrator or private arbitration company. For purposes of this subclause, “communications” include, but are not limited to, standard educational materials about alternative dispute resolution or the provider organization. (III) Presentations made by the private arbitration company or the arbitrator at a program or seminar held open to the public. (IV) Responding to inquiries regarding the arbitration provider’s costs, rules, procedures, or standards. (b) Subject only to the disclosure requirements of law, the proposed neutral arbitrator shall disclose all matters required to be disclosed pursuant to this section to all parties in writing within 10 calendar days of service of notice of the proposed nomination or appointment. (c) For purposes of this section, “lawyer for a party” includes any lawyer or law firm currently associated in the practice of law with the lawyer hired to represent a party. (d) For purposes of this section, “prior cases” means noncollective bargaining cases in which an arbitration award was rendered within five years before the date of the proposed nomination or appointment. (e) For purposes of this section, “any arbitration” does not include an arbitration conducted pursuant to the terms of a public or private sector collective bargaining agreement. SEC. 3. The 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. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 3033 of the Fish and Game Code is amended to read: 3033. (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. (b) The license issued pursuant to this section shall be issued free of any charge or fee. (c) For the purposes of this section, the following terms have the following meanings: (1) “Disabled veteran” means a person having a 50 percent or greater service-connected disability and an honorable discharge from military service. (2) “Recovering service member” means a member of the military who meets the definition of “recovering service member” in Section 1602(7) of the federal National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181). (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. (e) A disabled veteran shall submit the following documentation: (1) Proof of an honorable discharge from military service. (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. (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’s commanding officer or a military medical doctor. The letter may be submitted either in hard copy form or online. (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. (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. (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. SEC. 2. Section 3034 is added to the Fish and Game Code, to read: 3034. (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. (b) The license fee for a reduced fee hunting license shall be not be adjusted pursuant to Section 713. (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. (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. (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. (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. SEC. 3. Section 7150 of the Fish and Game Code is amended to read: 7150. (a) Upon application to the department’s 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. (b) A person who meets the following requirements shall be eligible for a reduced fee license pursuant to this section: (1) The person has not been convicted of any violation of this code. (2) The person is over 65 years of age. (3) The person is a resident of this state. (4) The person’s 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. (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. (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. SEC. 4. Section 7150.5 is added to the Fish and Game Code, to read: 7150.5. (a) Upon application to the department’s 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. (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. (c) The fee required pursuant to subdivision (a) shall not be adjusted pursuant to Section 713. (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. (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. (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. SEC. 5. Section 7151 of the Fish and Game Code is amended to read: 7151. (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: (1) Any blind person upon presentation of proof of blindness. “Blind person” 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. (2) Every resident Native American who, in the discretion of the department, is financially unable to pay the fee required for the license. (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. (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. (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 Veterans Administration Department of Veterans Affairs or by presentation of a license issued pursuant to this paragraph in the preceding license year. (6) A member of the military who is a “recovering service member” 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’s commanding officer or from a military medical doctor stating that the person is a recovering service member. (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. (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. (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. (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 United States Department of Veterans Administration Affairs hospital 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’s 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. (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). (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. (h) 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. (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. (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.

(1) Under existing law, a hunting license grants the privilege to take birds and mammals. Existing law requires the Department of Fish and Wildlife to issue a hunting license for a term of one year, as provided, upon payment of a fee, to eligible residents and nonresidents. Existing law requires the department to issue a reduced fee hunting license for a term of one year, as provided, upon payment of a reduced fee, to a disabled veteran or recovering service member, as specified. Existing law requires these fees to be adjusted annually according to a specified index. Under existing law, the department issues tags, validations, and other entitlements upon payment of specified fees that are required in addition to a valid hunting license to take specified birds and mammals for purposes other than commercial purposes. This bill would instead require the department to issue a free hunting license, upon application to the department, to a disabled veteran or recovering service member and would require the department, department to issue a reduced fee hunting license, upon application and payment of a fee of $5, to a veteran of the Armed Forces of the United States who was honorably discharged. The bill would prohibit the reduced hunting license fee from being adjusted pursuant to the specified index. The bill would require the department to reduce the fee required for a tag, validation, or other entitlement by 50% for a person who receives a reduced fee hunting license for veterans and would prohibit the department from charging a person who receives a free hunting license for disabled veterans or recovering service members a fee for these entitlements. (2) Existing law requires every person 16 years of age or older who takes any fish, reptile, or amphibian for any purpose other than profit to first obtain a sport fishing license for that purpose and to have that license on his or her person or in his or her immediate possession when engaged in carrying out any activity authorized by the license. Existing law requires the department to issue a sport fishing license for the period of a calendar year, as provided, upon payment of a specified fee, to eligible residents and nonresidents. Existing law requires the department to issue a reduced fee sport fishing license to for the period of a calendar year upon payment of a reduced fee to a disabled veteran or recovering service member, as specified. Existing law requires these fees to be adjusted annually according to a specified index. Under existing law, the department issues sport fishing report cards and validations upon payment of specified fees that authorize various activities relating to the taking and possession of amphibians, reptiles, and fish for purposes other than profit. This bill would instead require the department to issue a free sport fishing license, upon application to the department, to a disabled veteran or recovering service member and would require the department to issue a reduced fee sport fishing license, upon application and payment of a fee of $5, to a veteran of the Armed Forces of the United States who was honorably discharged. The bill would prohibit this reduced fishing license fee from being adjusted pursuant to the specified index. The bill would require the department to reduce the fee required to obtain a sport fishing report card, validation, or other entitlement by 50% for a person who receives a reduced fee sport fishing license for veterans and would prohibit the department from charging a person who receives a free sport fishing license for disabled veterans or recovering service members a fee for these entitlements .

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 3033 of the Fish and Game Code is amended to read: 3033. (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. (b) The license issued pursuant to this section shall be issued free of any charge or fee. (c) For the purposes of this section, the following terms have the following meanings: (1) “Disabled veteran” means a person having a 50 percent or greater service-connected disability and an honorable discharge from military service. (2) “Recovering service member” means a member of the military who meets the definition of “recovering service member” in Section 1602(7) of the federal National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181). (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. (e) A disabled veteran shall submit the following documentation: (1) Proof of an honorable discharge from military service. (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. (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’s commanding officer or a military medical doctor. The letter may be submitted either in hard copy form or online. (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. (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. (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. SEC. 2. Section 3034 is added to the Fish and Game Code, to read: 3034. (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. (b) The license fee for a reduced fee hunting license shall be not be adjusted pursuant to Section 713. (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. (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. (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. (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. SEC. 3. Section 7150 of the Fish and Game Code is amended to read: 7150. (a) Upon application to the department’s 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. (b) A person who meets the following requirements shall be eligible for a reduced fee license pursuant to this section: (1) The person has not been convicted of any violation of this code. (2) The person is over 65 years of age. (3) The person is a resident of this state. (4) The person’s 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. (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. (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. SEC. 4. Section 7150.5 is added to the Fish and Game Code, to read: 7150.5. (a) Upon application to the department’s 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. (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. (c) The fee required pursuant to subdivision (a) shall not be adjusted pursuant to Section 713. (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. (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. (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. SEC. 5. Section 7151 of the Fish and Game Code is amended to read: 7151. (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: (1) Any blind person upon presentation of proof of blindness. “Blind person” 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. (2) Every resident Native American who, in the discretion of the department, is financially unable to pay the fee required for the license. (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. (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. (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 Veterans Administration Department of Veterans Affairs or by presentation of a license issued pursuant to this paragraph in the preceding license year. (6) A member of the military who is a “recovering service member” 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’s commanding officer or from a military medical doctor stating that the person is a recovering service member. (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. (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. (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. (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 United States Department of Veterans Administration Affairs hospital 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’s 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. (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). (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. (h) 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. (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. (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. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 6795.2 is added to the Business and Professions Code, to read: 6795.2. (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’s knowledge of state laws and the board’s 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. (b) The crime in subdivision (j) of Section 6787 shall not apply to this section. (c) The board shall not charge the certificate holder a fee for the administration or development of the assessment. (d) For the purposes of this section, “assessment” means an online program that contains educational reading material and questions. The material shall be based on state law and the board’s rules and regulations relating to the practice of professional engineers. The scope of the assessment shall be limited to the board’s 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. SEC. 2. Section 7841.1 of the Business and Professions Code is amended to read: 7841.1. An applicant for licensure as a geophysicist shall have all of the following qualifications. This section shall not apply to applicants for licensure as geologists. (a) Not have committed any acts or crimes constituting grounds for denial of licensure under Section 480. (b) Meet one of the following educational requirements fulfilled at a school or university whose curricula meet criteria established by rules of the board. (1) Graduation with a major in a geophysical science or any other discipline that, in the opinion of the board, is relevant to geophysics. (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. (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’ 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. Each 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. Teaching 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. Credit 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. The ability of the applicant shall have been demonstrated by his or her having performed the work in a responsible position, as the term “responsible position” 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. (d) Successfully pass a written examination that shall test the applicant’s 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’s rules and regulations as a separate part of the examination for licensure as a geophysicist. SEC. 3. Section 7881.5 is added to the Business and Professions Code, to read: 7881.5. (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’s knowledge of state laws and the board’s 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’s knowledge of state laws and the board’s 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. (b) The crime in subdivision (j) of Section 8792 shall not apply to this section. (c) The board shall not charge the licenseholder a fee for the administration or development of the assessment. (d) For the purposes of this section, “assessment” means an online program that contains educational reading material and questions. The material shall be based on state law and the board’s rules and regulations relating to the practice of professional land surveyors. The scope of the assessment shall be limited to the board’s 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.

Existing law makes the Board for Professional Engineers, Land Surveyors, and Geologists responsible for the certification, licensure, and regulation of the practice of professional engineering, the practice of professional geologists and geophysicists, and the practice of professional land surveyors. Except for an applicant for a geophysicist license, existing law requires these applicants for a certificate or license to complete an examination that tests knowledge of state laws, as provided. Existing law subjects these certificates and licenses to renewal and requires the holder of the certificate or license to apply for renewal on a form prescribed by the board and pay a prescribed fee, as provided. This bill would additionally require an applicant for renewal to complete a board-administered online assessment to reinforce the certificate holder’s or licenseholder’s knowledge of laws applicable to his or her practice area. The bill would authorize the failure to complete the assessment within a specified period of time to be a cause for disciplinary action. The bill would prohibit the board from charging the renewal applicant a fee for the administration or development of the assessment. The bill would also require an applicant for a geophysicist license to complete an examination that tests knowledge of state laws, as provided.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 6795.2 is added to the Business and Professions Code, to read: 6795.2. (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’s knowledge of state laws and the board’s 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. (b) The crime in subdivision (j) of Section 6787 shall not apply to this section. (c) The board shall not charge the certificate holder a fee for the administration or development of the assessment. (d) For the purposes of this section, “assessment” means an online program that contains educational reading material and questions. The material shall be based on state law and the board’s rules and regulations relating to the practice of professional engineers. The scope of the assessment shall be limited to the board’s 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. SEC. 2. Section 7841.1 of the Business and Professions Code is amended to read: 7841.1. An applicant for licensure as a geophysicist shall have all of the following qualifications. This section shall not apply to applicants for licensure as geologists. (a) Not have committed any acts or crimes constituting grounds for denial of licensure under Section 480. (b) Meet one of the following educational requirements fulfilled at a school or university whose curricula meet criteria established by rules of the board. (1) Graduation with a major in a geophysical science or any other discipline that, in the opinion of the board, is relevant to geophysics. (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. (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’ 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. Each 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. Teaching 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. Credit 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. The ability of the applicant shall have been demonstrated by his or her having performed the work in a responsible position, as the term “responsible position” 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. (d) Successfully pass a written examination that shall test the applicant’s 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’s rules and regulations as a separate part of the examination for licensure as a geophysicist. SEC. 3. Section 7881.5 is added to the Business and Professions Code, to read: 7881.5. (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’s knowledge of state laws and the board’s 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’s knowledge of state laws and the board’s 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. (b) The crime in subdivision (j) of Section 8792 shall not apply to this section. (c) The board shall not charge the licenseholder a fee for the administration or development of the assessment. (d) For the purposes of this section, “assessment” means an online program that contains educational reading material and questions. The material shall be based on state law and the board’s rules and regulations relating to the practice of professional land surveyors. The scope of the assessment shall be limited to the board’s 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. ### Summary: This bill would amend the Business and Professions Code to require the board of professional engineers and land surveyors to administer an assessment to reinforce the knowledge of state laws and the

The people of the State of California do enact as follows: SECTION 1. Section 1560 of the Evidence Code is amended to read: 1560. (a) As used in this article: (1) “Business” includes every kind of business described in Section 1270. (2) “Record” includes every kind of record maintained by a business. (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: (1) In any criminal action, five days after the receipt of the subpoena. (2) In any civil action, within 15 days after the receipt of the subpoena. (3) Within the time agreed upon by the party who served the subpoena and the custodian or other qualified witness. (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: (1) If the subpoena directs attendance in court, to the clerk of the court. (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’s place of business. (3) In other cases, to the officer, body, or tribunal conducting the hearing, at a like address. (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. (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’s attorney, the attorney’s representative, or deposition officer as described in Section 2020.420 of the Code of Civil Procedure, at the witness’ 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’ advance notice by the party’s attorney, attorney’s 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’s attorney, attorney’s representative, or deposition officer. It shall be the responsibility of the attorney’s 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. (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. SEC. 2. Section 1561 of the Evidence Code is amended to read: 1561. (a) The records shall be accompanied by the affidavit of the custodian or other qualified witness, stating in substance each of the following: (1) The affiant is the duly authorized custodian of the records or other qualified witness and has authority to certify the records. (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’s representative, or deposition officer for copying at the custodian’s or witness’ place of business, as the case may be. (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. (4) The identity of the records. (5) A description of the mode of preparation of the records. (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. (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’s or witness’ 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. SEC. 3. Section 1563 of the Evidence Code is amended to read: 1563. (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’ business, unless there is an agreement to the contrary between the witness and the requesting party. (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. (1) “Reasonable costs,” 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 1/2 by 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. (2) The requesting party, or the requesting party’s 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. (3) The witness shall submit an itemized statement for the costs to the requesting party, or the requesting party’s 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’s deposition officer, the witness shall furnish a statement setting forth the actions taken by the witness in justification of the costs. (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’s 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’s fees. (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’s fees in the manner set forth in paragraph (4). (6) If records requested pursuant to a subpoena duces tecum are delivered to the attorney, the attorney’s representative, or the deposition officer for inspection or photocopying at the witness’ 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. (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).

Existing law provides that when a subpoena duces tecum is served upon the custodian of records or other qualified witness of a business in a criminal 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, within 5 days after the receipt of the subpoena or within a time otherwise agreed upon, delivers a copy of all the records described in the subpoena to the clerk of the court, the judge, or another person, as specified. Existing law requires that the records be accompanied with an affidavit from the custodian attesting to specified information. Existing law also provides for the service of search warrants for the seizure of business records, as specified. This bill would authorize a custodian of business records to comply with a search warrant for certain business records by delivering 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, if the warrant provides for compliance in that manner. The bill would require that the records be delivered within 5 days of receipt of the search warrant or such other time as is specified in the search warrant. The bill would require that the records be accompanied by an affidavit of the custodian of records attesting to the same information that is required with respect to a subpoena duces tecum. Existing law authorizes all reasonable costs, as specified, incurred by a nonparty witness to be charged against the party serving the subpoena duces tecum. This bill would make technical, nonsubstantive changes to those provisions.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 1560 of the Evidence Code is amended to read: 1560. (a) As used in this article: (1) “Business” includes every kind of business described in Section 1270. (2) “Record” includes every kind of record maintained by a business. (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: (1) In any criminal action, five days after the receipt of the subpoena. (2) In any civil action, within 15 days after the receipt of the subpoena. (3) Within the time agreed upon by the party who served the subpoena and the custodian or other qualified witness. (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: (1) If the subpoena directs attendance in court, to the clerk of the court. (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’s place of business. (3) In other cases, to the officer, body, or tribunal conducting the hearing, at a like address. (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. (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’s attorney, the attorney’s representative, or deposition officer as described in Section 2020.420 of the Code of Civil Procedure, at the witness’ 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’ advance notice by the party’s attorney, attorney’s 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’s attorney, attorney’s representative, or deposition officer. It shall be the responsibility of the attorney’s 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. (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. SEC. 2. Section 1561 of the Evidence Code is amended to read: 1561. (a) The records shall be accompanied by the affidavit of the custodian or other qualified witness, stating in substance each of the following: (1) The affiant is the duly authorized custodian of the records or other qualified witness and has authority to certify the records. (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’s representative, or deposition officer for copying at the custodian’s or witness’ place of business, as the case may be. (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. (4) The identity of the records. (5) A description of the mode of preparation of the records. (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. (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’s or witness’ 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. SEC. 3. Section 1563 of the Evidence Code is amended to read: 1563. (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’ business, unless there is an agreement to the contrary between the witness and the requesting party. (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. (1) “Reasonable costs,” 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 1/2 by 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. (2) The requesting party, or the requesting party’s 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. (3) The witness shall submit an itemized statement for the costs to the requesting party, or the requesting party’s 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’s deposition officer, the witness shall furnish a statement setting forth the actions taken by the witness in justification of the costs. (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’s 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’s fees. (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’s fees in the manner set forth in paragraph (4). (6) If records requested pursuant to a subpoena duces tecum are delivered to the attorney, the attorney’s representative, or the deposition officer for inspection or photocopying at the witness’ 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. (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). ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 803 of the Penal Code is amended to read: 803. (a) Except as provided in this section, a limitation of time prescribed in this chapter is not tolled or extended for any reason. (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. (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: (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. (2) A violation of Section 72, 118, 118a, 132, 134, or 186.10. (3) A violation of Section 25540, of any type, or Section 25541 of the Corporations Code. (4) A violation of Section 1090 or 27443 of the Government Code. (5) Felony welfare fraud or Medi-Cal fraud in violation of Section 11483 or 14107 of the Welfare and Institutions Code. (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. (7) A violation of Section 580, 581, 582, 583, or 584 of the Business and Professions Code. (8) A violation of Section 22430 of the Business and Professions Code. (9) A violation of Section 103800 of the Health and Safety Code. (10) A violation of Section 529a. (11) A violation of subdivision (d) or (e) of Section 368. (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. (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. (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. (2) This subdivision applies only if all of the following occur: (A) The limitation period specified in Section 800, 801, or 801.1, whichever is later, has expired. (B) The crime involved substantial sexual conduct, as described in subdivision (b) of Section 1203.066, excluding masturbation that is not mutual. (C) There is independent evidence that corroborates the victim’s 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’s allegation. (3) No evidence may be used to corroborate the victim’s allegation that otherwise would be inadmissible during trial. Independent evidence does not include the opinions of mental health professionals. (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. (B) Nothing in this subdivision affects the definition or applicability of any evidentiary privilege. (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. (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: (A) The crime is one that is described in subdivision (c) of Section 290. (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. (2) For purposes of this section, “DNA” means deoxyribonucleic acid. (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. (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. (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. (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. (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. (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. SEC. 1.5. Section 803 of the Penal Code is amended to read: 803. (a) Except as provided in this section, a limitation of time prescribed in this chapter is not tolled or extended for any reason. (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. (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: (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. (2) A violation of Section 72, 118, 118a, 132, 134, or 186.10. (3) A violation of Section 25540, of any type, or Section 25541 of the Corporations Code. (4) A violation of Section 1090 or 27443 of the Government Code. (5) Felony welfare fraud or Medi-Cal fraud in violation of Section 11483 or 14107 of the Welfare and Institutions Code. (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. (7) A violation of Section 580, 581, 582, 583, or 584 of the Business and Professions Code. (8) A violation of Section 22430 of the Business and Professions Code. (9) A violation of Section 103800 of the Health and Safety Code. (10) A violation of Section 529a. (11) A violation of subdivision (d) or (e) of Section 368. (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. (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. (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. (2) This subdivision applies only if all of the following occur: (A) The limitation period specified in Section 800, 801, or 801.1, whichever is later, has expired. (B) The crime involved substantial sexual conduct, as described in subdivision (b) of Section 1203.066, excluding masturbation that is not mutual. (C) There is independent evidence that corroborates the victim’s 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’s allegation. (3) No evidence may be used to corroborate the victim’s allegation that otherwise would be inadmissible during trial. Independent evidence does not include the opinions of mental health professionals. (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. (B) Nothing in this subdivision affects the definition or applicability of any evidentiary privilege. (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. (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: (A) The crime is one that is described in subdivision (c) of Section 290. (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. (2) For purposes of this section, “DNA” means deoxyribonucleic acid. (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. (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. (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. (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. (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. (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. SEC. 2. Section 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.

Existing law makes it a misdemeanor for a person who has knowledge of an accidental death to actively conceal or attempt to conceal that death. Existing law provides that the punishment for that offense is imprisonment in a county jail for not more than one year, or by a fine of not less than $1,000 nor more than $10,000, or by both that fine and imprisonment. Existing law also sets forth various time limits to prosecute crimes. Except as otherwise specified, prosecution for an offense that is not punishable by death or imprisonment in the state prison is required to be commenced within one year after commission of the offense. Existing law provides that for certain offenses, the prescribed limitation of time does not commence to run until the discovery of the offense. Existing law also provides that for other offenses, the criminal complaint may be filed within one year after the person is initially identified by law enforcement as a suspect in the commission of the crime, as specified. This bill would provide that for the offense of actively concealing or attempting to conceal an accidental death, as described above, 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 the offense. This bill would incorporate changes to Section 803 of the Penal Code proposed by both this bill and SB 813, which would become operative only if both bills are enacted and become effective on or before January 1, 2017, and this bill is chaptered last.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 803 of the Penal Code is amended to read: 803. (a) Except as provided in this section, a limitation of time prescribed in this chapter is not tolled or extended for any reason. (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. (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: (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. (2) A violation of Section 72, 118, 118a, 132, 134, or 186.10. (3) A violation of Section 25540, of any type, or Section 25541 of the Corporations Code. (4) A violation of Section 1090 or 27443 of the Government Code. (5) Felony welfare fraud or Medi-Cal fraud in violation of Section 11483 or 14107 of the Welfare and Institutions Code. (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. (7) A violation of Section 580, 581, 582, 583, or 584 of the Business and Professions Code. (8) A violation of Section 22430 of the Business and Professions Code. (9) A violation of Section 103800 of the Health and Safety Code. (10) A violation of Section 529a. (11) A violation of subdivision (d) or (e) of Section 368. (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. (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. (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. (2) This subdivision applies only if all of the following occur: (A) The limitation period specified in Section 800, 801, or 801.1, whichever is later, has expired. (B) The crime involved substantial sexual conduct, as described in subdivision (b) of Section 1203.066, excluding masturbation that is not mutual. (C) There is independent evidence that corroborates the victim’s 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’s allegation. (3) No evidence may be used to corroborate the victim’s allegation that otherwise would be inadmissible during trial. Independent evidence does not include the opinions of mental health professionals. (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. (B) Nothing in this subdivision affects the definition or applicability of any evidentiary privilege. (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. (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: (A) The crime is one that is described in subdivision (c) of Section 290. (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. (2) For purposes of this section, “DNA” means deoxyribonucleic acid. (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. (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. (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. (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. (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. (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. SEC. 1.5. Section 803 of the Penal Code is amended to read: 803. (a) Except as provided in this section, a limitation of time prescribed in this chapter is not tolled or extended for any reason. (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. (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: (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. (2) A violation of Section 72, 118, 118a, 132, 134, or 186.10. (3) A violation of Section 25540, of any type, or Section 25541 of the Corporations Code. (4) A violation of Section 1090 or 27443 of the Government Code. (5) Felony welfare fraud or Medi-Cal fraud in violation of Section 11483 or 14107 of the Welfare and Institutions Code. (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. (7) A violation of Section 580, 581, 582, 583, or 584 of the Business and Professions Code. (8) A violation of Section 22430 of the Business and Professions Code. (9) A violation of Section 103800 of the Health and Safety Code. (10) A violation of Section 529a. (11) A violation of subdivision (d) or (e) of Section 368. (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. (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. (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. (2) This subdivision applies only if all of the following occur: (A) The limitation period specified in Section 800, 801, or 801.1, whichever is later, has expired. (B) The crime involved substantial sexual conduct, as described in subdivision (b) of Section 1203.066, excluding masturbation that is not mutual. (C) There is independent evidence that corroborates the victim’s 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’s allegation. (3) No evidence may be used to corroborate the victim’s allegation that otherwise would be inadmissible during trial. Independent evidence does not include the opinions of mental health professionals. (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. (B) Nothing in this subdivision affects the definition or applicability of any evidentiary privilege. (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. (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: (A) The crime is one that is described in subdivision (c) of Section 290. (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. (2) For purposes of this section, “DNA” means deoxyribonucleic acid. (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. (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. (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. (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. (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. (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. SEC. 2. Section 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. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>